US prisoner in solitary for 42 years has conviction quashed

The 1974 murder conviction of America’s longest serving prisoner in solitary confinement has been overturned. But Albert Woodfox, will remain in jail until the state of Louisiana decides whether to contest the ruling.

He could remain incarcerated in a prison cell the size of a parking space for months, if not years, if Louisiana continues to prolong the legal process as it has over the past two decades.

The ruling by the Fifth Circuit Court of Appeals is the latest to exonerate Mr Woodfox without the prisoner being freed.

As far back as 1992 he was cleared of the 1972 murder of a Louisiana prison guard, Brent Miller. But the state chose to press fresh charges the following year and put him on trial again. He remained in custody and was convicted once more in 1998.

Ten years later this conviction was overturned but Louisiana successfully contested the decision in the appeal court. That ruling was in turn overturned in May 2012, but Mr Woodfox remained not only in prison, but in solitary confinement as Louisiana contested the decision once more

This time the appeal court has found in favour of Mr Woodfox, who is now 67. It ruled the second trial was flawed because the selection of a white jury foreman was considered discriminatory in this case and amounted to a violation of the US constitution.

Supporters of Mr Woodfox have alleged that he has been victimised by Louisiana because of his membership of the Black Panther party.

He was one of three prisoners at the jail to join the Panthers, forming a group known as the Angola Three.

The others were freed, Herman Wallace was released in October last year and died two days later. Robert King was freed in 2001 after 29 years in solitary confinement.

Those calling for the release of Mr Woodfox include Teenie Miller, the widow of the murdered prison officer.

Jackie Sumell and a friend of Woodfox hailed the latest court decision. "Now the struggle will be in the court of public opinion, to try and get the state to resist their ... desire to appeal," she said.

Original report here

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