Friday, April 3, 2015

Albert Woodfox could possibly be freed without a retrial after 4 decadez in solitary

Angola 3 member Albert Woodfox could possibly be released from state custody after more than 40 years in solitary confinement without having to defend himself for a third time in a another trial in the decades-old murder of a prison guard.

Woodfox was re-indicted Feb. 12 in the 1972 murder of a Louisiana State Penitentiary prison guard Brent Miller. It was the third time Woodfox was charged with Miller’s murder after courts had twice overturned his previous two murder convictions.

Now, Woodfox’s lawyers argue in federal court that he should be granted an “unconditional writ.” If U.S. Judge James Brady grants the writ, Woodfox could be permanently released and the state barred from prosecuting the murder charge against Woodfox for a third time.

Woodfox’s lawyers argue since so much time has lapsed since the crime took place and nearly half of the witnesses are dead, jurors aren’t able to properly judge the credibility of the case’s evidence, which is largely witness-driven.

“It is unfathomable to imagine how an objectively reasonable juror … could possibly evaluate the integrity of the State’s case, or the credibility of the competing narratives between the State’s case and Woodfox’s case,” his attorney George Kendall writes.


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