December 14,2008

5th Circuit Denies Bail, But Expedites Appeal
Lawyers: Disappointed with Ruling, But Optimistic the Fifth Circuit
Will Affirm Judge Brady's Decision and Release Woodfox

On Friday evening the 5th circuit denied bail, but also expedited the appeal. Although not what we hoped for, the attorneys and Herman and Albert themselves remind us that bail was always a long shot, and even though we lost, the ruling was not totally in the State's favor.

The 3-judge panel says that so far they are not convinced the State will win their appeal and warns the State that if they lose, they should be prepared to retry Albert expeditiously.

The habeas hearing process can take up to a year and a half, and normally we would have had to file a request to expedite it-but the 5th circuit was kind enough to do that for us in their ruling, which means now we will have hearings in March and know one way or the other whether Judge Brady's decision will stand by April or May. An expedited timeline in itself is very encouraging news.

Albert's lawyers are disappointed that he will not be let out on bail, yet remain optimistic for the March hearings. "Two federal judges have already looked at this case-Judge Noland and Judge Brady-and each concluded that Woodfox was wrongfully convicted. Their analysis is strong, both legally and factually, and I am confident that the Fifth Circuit will affirm the District Court's decision that Woodfox is entitled to a new trial," said Chris Aberle.

Attorney Nick Trenticosta points to the sentence in the ruling stating: "We are not now convinced that the State has established a likelihood of success on the merits." Trenticosta said, "The court's opinion is actually very encouraging for Mr. Woodfox. The court has both expedited the state's appeal and indicated that, as of now, it finds the appeal unpersuasive."

To read more on the Angola 3, click here!