Showing posts with label judge. Show all posts
Showing posts with label judge. Show all posts
Wednesday, April 19, 2017
BREAKING! Judge Brady orders Albert Woodfoxs Unconditional Release Retrial Banned!! Stay Tuned for Updates
BREAKING! Judge Brady orders Albert Woodfoxs Unconditional Release Retrial Banned!! Stay Tuned for Updates
MEDIA COVERAGE: CNN II Los Angeles Times II Times-Picayune II NY Times / AP & Toronto Star II Spiegel Online II BBC II Guardian UK II Amnesty International USA II Christian Science Monitor II
We are ecstatic to announce that late this afternoon Judge Brady granted the unicorn of habeas rulings--an "unconditional writ" ordering Alberts immediate release and barring a retrial.
He argues that this extraordinary remedy is merited due to the following 5 factors: "Mr. Woodfoxs age and poor health, his limited ability to present a defense at a third trial in light of the unavailability of witnesses, this Courts lack of confidence in the State to provide a fair third trial, the prejudice done onto Mr. Woodfox by spending over forty-years in solitary confinement, and finally the very fact that Mr. Woodfox has already been tried twice and would otherwise face his third trial for a crime that occurred over forty years ago."
The State immediately announced their plans to appeal and request and emergency stay of the order from the 5th Circuit Court of Appeals. Though we dont yet know if Albert will be released in days or months, he has never been closer to freedom.
We will let you know more as soon as we do.
Statement from Albert Woodfoxs Lawyers, George Kendall and Carine Williams, July 8:
"There is nothing arbitrary about the federal courts ruling, which is carefully considered and relies on firmly established law. As that law requires, under the extraordinary circumstances of this case--where Mr. Woodfox has spent 40 years in solitary confinement under constitutionally invalid convictions--the only just remedy is his immediate release from prison. The federal court further recognizes that the State has now had two chances to secure a valid conviction against Mr. Woodfox and has been unable to do so. Now, because the States key witnesses are deceased, and Mr. Woodfoxs alibi witnesses are also deceased, there is no practical way for there to be a third trial which comports with the standards of a fair, American trial. We are optimistic that Louisiana will comply with the federal courts ruling. We look forward to Mr. Woodfox going home to his family; getting much needed medical attention; and living the remainder of his days in peace."
OFFICE OF CONGRESSMAN CEDRIC L. RICHMOND
June 9, 2015
Contact: Brandon Gassaway
(202) 225-6636
For Immediate Release
Rep. Richmond Calls for Immediate Release of Albert Woodfox
Washington, DC – Today Rep. Richmond (LA-02) issued the following statement following the ruling of U.S. District Judge James Brady to grant the unconditional release of Albert Woodfox from state custody:
“Attorney General Caldwell must respect the ruling of Judge Brady and grant Mr. Woodfox his release immediately,” said Rep Richmond. “This is an obviously personal vendetta and has been a waste of tax payer dollars for decades. The state is making major cuts in education and healthcare but he has spent millions of dollars on this frivolous endeavor and the price tag is increasing by the day.”
We are ecstatic to announce that late this afternoon Judge Brady granted the unicorn of habeas rulings--an "unconditional writ" ordering Alberts immediate release and barring a retrial.
He argues that this extraordinary remedy is merited due to the following 5 factors: "Mr. Woodfoxs age and poor health, his limited ability to present a defense at a third trial in light of the unavailability of witnesses, this Courts lack of confidence in the State to provide a fair third trial, the prejudice done onto Mr. Woodfox by spending over forty-years in solitary confinement, and finally the very fact that Mr. Woodfox has already been tried twice and would otherwise face his third trial for a crime that occurred over forty years ago."
The State immediately announced their plans to appeal and request and emergency stay of the order from the 5th Circuit Court of Appeals. Though we dont yet know if Albert will be released in days or months, he has never been closer to freedom.
We will let you know more as soon as we do.
Statement from Albert Woodfoxs Lawyers, George Kendall and Carine Williams, July 8:
"There is nothing arbitrary about the federal courts ruling, which is carefully considered and relies on firmly established law. As that law requires, under the extraordinary circumstances of this case--where Mr. Woodfox has spent 40 years in solitary confinement under constitutionally invalid convictions--the only just remedy is his immediate release from prison. The federal court further recognizes that the State has now had two chances to secure a valid conviction against Mr. Woodfox and has been unable to do so. Now, because the States key witnesses are deceased, and Mr. Woodfoxs alibi witnesses are also deceased, there is no practical way for there to be a third trial which comports with the standards of a fair, American trial. We are optimistic that Louisiana will comply with the federal courts ruling. We look forward to Mr. Woodfox going home to his family; getting much needed medical attention; and living the remainder of his days in peace."
OFFICE OF CONGRESSMAN CEDRIC L. RICHMOND
June 9, 2015
Contact: Brandon Gassaway
(202) 225-6636
For Immediate Release
Rep. Richmond Calls for Immediate Release of Albert Woodfox
Washington, DC – Today Rep. Richmond (LA-02) issued the following statement following the ruling of U.S. District Judge James Brady to grant the unconditional release of Albert Woodfox from state custody:
“Attorney General Caldwell must respect the ruling of Judge Brady and grant Mr. Woodfox his release immediately,” said Rep Richmond. “This is an obviously personal vendetta and has been a waste of tax payer dollars for decades. The state is making major cuts in education and healthcare but he has spent millions of dollars on this frivolous endeavor and the price tag is increasing by the day.”
Available link for download
Monday, April 10, 2017
BREAKING Judge Brady overturns Albert Woodfoxs conviction for a third time!
BREAKING Judge Brady overturns Albert Woodfoxs conviction for a third time!
NEWS COVERAGE: Democracy Now interviews Robert King and Mwalimu Johnson (featured by the Havana Times) II Amy Goodmans Truthdig column II The Advocate (Baton Rouge, LA) II The Root (Katti Gray)
On February 26, District Court Judge Brady released a 34-page ruling that granted habeas to Albert on the issue of racial discrimination in the selection of the grand jury foreperson for his 1998 retrial. This decision now overturns Albert’s conviction for a third time (view/download a PDF of Judge Bradys ruling here).
In the 34-page ruling, Judge Brady reviews the arguments of both sides and concludes that Alberts team used the correct baseline for comparison, and that using that baseline, the discrimination is statistically significant no matter which tests are used. It was the States burden in these proceedings to prove that there was a race neutral procedure in place for selecting forepersons. Judge Brady agreed with Albert that the State failed to do this.
Just as when Judge Brady overturned Albert’s conviction in 2008, and the State successfully appealed to the Fifth Circuit to reverse Bradys ruling, the State has announced it will again seek to reverse Bradys decision on appeal. Therefore, nothing is certain except that the legal team and A3 supporters will not stop fighting until this ruling is affirmed by the 5th Circuit and Albert is finally a free man.
This is an important victory, thanks in no small part to the efforts of our supporters!
As we learn more, we will post updates here, so please check back for more information about Albert’s case. For more background, this is our report from the evidentiary hearing that preceded todays ruling. Also, to help us with outreach at this critical time, you can download an updated A3 flyer here.
Available link for download
Subscribe to:
Posts (Atom)