Herman Wallace, Black Panther, free to die after 41 years in solitary confinement

Freed to die after 'a lifetime of injustice': Ex-Black Panther who spent 41 YEARS in solitary confinement for killing prison guard is released while suffering terminal cancer

By DAILY MAIL REPORTER

PUBLISHED: 21:09 EST, 1 October 2013 | UPDATED: 03:05 EST, 2 October 2013

Almost free: A judge has ruled that Herman Wallace, 71, have his previous murder conviction overturned because women were kept out of the grand jury

A 71-year-old Louisiana prisoner who spent 41 years in solitary confinement and is now dying of cancer has had his release ordered by a federal judge.

Herman Wallace had his murder conviction of a prison guard in 1974 overturned by U.S. District Chief Judge Brian Jackson who said that women were unconstitutionally excluded from the grand jury that indicted Wallace nearly four decades ago.

The case against Wallace and two other prisoners became infamous when the three men were sentenced to solitary confinement for decades a piece.

'The record in this case makes clear that Mr. Wallace's grand jury was improperly chosen in violation of the Fourteenth Amendment's guarantee of `the equal protection of the laws' ... and that the Louisiana courts, when presented with the opportunity to correct this error, failed to do so,' Jackson wrote.

A lawyer for Wallace said the decision gives his client 'some measure of justice after a lifetime of injustice,' but his response was tempered by the grim outlook for Wallace's health.

'He's pleased,' Kendall said of Wallace's reaction after hearing of Tuesday's ruling, 'but he's quite ill.'

Wallace, whose birthday is October 13, has been diagnosed with terminal liver cancer.

His lawyer said that Wallace 'ceased receiving treatment a couple of weeks ago.'

Headed out: Wallace, who has terminal cancer, speaks to members of his legal team after being released on October 1

Last Letter from Herman Wallace

"On Saturday. August 31st, I was transferred to LSU Hospital for evaluation. I was informed that the chemo treatments had failed and were making matters worse and so all treatment came to an end. The oncologists advised that nothing can be done for me medically within the standard care that they are authorized to provide. They recommended that I be admitted to

hospice care to make my remaining days as comfortable as possible. I have been given 2 months to live.

I want the world to know that I am an innocent man and that Albert Woodfox is innocent as well. We are just two of thousands of wrongfully convicted prisoners held captive in the American Gulag. We mourn for the family of Brent Miller and the many other victims of murder who will never be able to find closure for the loss of their loved ones due to the unjust criminal justice system in this country. We mourn for the loss of the families of those unjustly accused who suffer the loss of their loved ones as well.

Only a handful of prisoners globally have withstood the duration of years of harsh and solitary confinement that Albert and myself have. The State may have stolen my life, but my spirit will continue to struggle along with Albert and the many comrades that have joined us along the way here in the belly of the beast.

In 1970 I took an oath to dedicate my life as a servant of the people, and although I'm down on my back, I remain at your service. I want to thank all of you, my devoted supporters, for being with me to the end."

Herman Wallace is a remarkable man from whom we have much to learn.

Herman's Story

As a Black Panther & Member of the Angola 3:

Herman Wallace was convicted of armed robbery he was sent to Angola in 1971.  In 1971 he established the Angola Chapter of the Black Panther Party with Ronald Ailsworth, Albert Woodfox, and Gerald Bryant after receiving permission from the Panther central office in Oakland.

As a Black Panther Herman organized to improve conditions at the prison making him, and his fellow organizers notable targets of the administration that profited from poor conditions. In 1972 a prison guard named Brent Miller was brutally murdered behind the walls of Angola. By 1974  Wallace and Woodfox he were convicted for the murder, with no physical evidence linking them to the scene of the crime.  Herman and Albert have been fighting their convictions ever since, citing numerous infractions of justice including that one of the eyewitnesses was legally blind and the other was a known prison snitch who was rewarded for his testimony. After the murder, the Angola’s most visible organizers of justice, Herman Wallace, Albert Woodfox and Robert King—were put in solitary, where they have remained ever since. (King was released in 2001, after 29 years in solitary, when his conviction in a separate prison murder was overturned.) Several years ago, Herman was transferred to Elayn Hunt Correctional Center, where he remains in solitary. Albert Woodfox, Robert King and Herman Wallace are collectively known as the Angola 3.

As a human doing:

Herman Wallace was born in the 12th Ward, New Orleans LA on October 13th 1941. Herman was the 4th of 8 children and his mother Edna Clark Williams worked for the Orleans Parish Prison until her death in 1996. Herman’s entire life has been a sacrifice to serving justice and ending the suffering of all those serving unjust prison sentences, especially those forced to endure long term solitary confinement. Herman Wallace identifies as a political prisoner and his resolved is strengthened by the unimaginable conditions he is forced to endure. Deep into his 41st year of solitary confinement, he believes whole heartedly in justice, peace and the power of the people.