State wants ’73 verdict upheld

• By BILL LODGE
• Advocate staff writer
• Published: Jul 10, 2008 - Page: 1B - UPDATED: 12:05 a.m.

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State officials said Wednesday they will ask the 5th U.S. Circuit Court of Appeals in New Orleans to uphold the 1973 murder conviction of Angola inmate Albert Woodfox.

Woodfox, who spent more than 30 years in solitary confinement, received a second trial in 1998. But he was convicted again for the stabbing death of 23-year-old prison guard Brent Miller. He remains an inmate at the Louisiana State Penitentiary at Angola.

The inmate has argued for decades that he was framed by prison officials because of his formation of a chapter of the Black Panther Party at Angola.

U.S. District Judge James J. Brady ruled Tuesday that Woodfox received ineffective assistance of counsel in 1998. Brady then overturned the conviction.

“Judge Brady’s ruling is sound, and it is just,” said Nicholas J. Trenticosta, a New Orleans attorney representing Woodfox in the current proceedings. “They should allow Mr. Woodfox to walk free.”

That won’t happen yet, according to a statement released by Louisiana Attorney General James. D. “Buddy” Caldwell through his communications director, Tammi Arender Herring.

“We are currently reviewing the ruling by the federal district court and are taking the steps necessary to perfect our appeal of the matter,” Caldwell said in the statement. “Since this is a matter in litigation, we will not comment further on the specifics of this case.”

The Attorney General’s Office handled the 1998 prosecution because a member of the district attorney’s office for West Feliciana and East Feliciana parishes had a conflict of interest in the case. Angola is in West Feliciana Parish.

Samuel C. D’Aquilla, who became district attorney in 2003, said Wednesday that his staff will prosecute Woodfox in a third trial if the attorney general’s office loses its appeal and decides to drop the case.

“If it comes back to us, we’re going to do it,” D’Aquilla said.

Christopher A. Aberle, a Mandeville attorney for Woodfox, said in a written statement that his client’s murder conviction was “based on false evidence.”

Trenticosta added: “The injustice in this case is unfathomable.”

Brady’s decision to overturn the murder conviction was made on the recommendation of U.S. Magistrate Judge Christine Noland.