The Coalition for Truth and Justice
Fighting against Death Penalty since 1999
Fighting against Death Penalty since 1999
Kenny “Zulu” Whitmore has been locked up for more than 31 years in solitary confinement in one of the most brutal prisons in the USA, Angola, also known as “The last slave plantation”. He’s held in captivity under brutal and cruel circumstances, in a 6 x 3’ cage (approximately 1.80m x 2m) without any contact with other prisoners.
STRUGGLE IS LIKE A SECOND SKIN
The Angola Three – Robert King Wilkerson, Albert Woodfox and Herman Wallace – have gotten much attention for their activism and the way they were scapegoated by a racist, archaic southern justice system. But they point out that their cases are hardly unique – there are many others in Angola – the infamous Louisiana prison known as “The Farm” -- also targeted for speaking and acting out against the system.
Kenneth “Zulu” Whitmore was arrested in 1975 for robbing a shoe store. The charges were dropped, but while he was in custody prosecutors decided to name him a suspect in the 1973 armed robbery and murder of the ex-mayor of Zachary, La., a small town not far from Angola. Whitmore says the District Attorney wanted him to make a deal and testify against another suspect in exchange for a short prison term.
“The DA told me outright, you are going to take the stand against this guy and say what I have prepared in that confession for y’all,” says Whitmore, who has now been in Angola for 29 years. “And I am going to give you five years. You will not go to Angola, and you will be out in two and a half. I told him I don’t have any idea what you are talking about. He said, ‘I am the district attorney and my word is three against yours. I can do what I want to you. Now help me get this guy or I will send you to Angola for the rest of your life.’ I refused and they immediately started beating me with sticks.”
The DA made good on his promise. Whitmore was convicted of second degree murder, based largely on a supposed confession which he and his supporters say was fake, as described below. In 1977 he was sentenced to life and 99 years in prison.
A pre-sentence investigation report described Whitmore as having an extensive juvenile record, a total fabrication as evidenced when Whitmore obtained an affadavit from the juvenile court showing he had no record.
“This was to show I have been a fuck up all my life since age 12 and that I am unrehabilitable,” said Whitmore.
The falsified juvenile record is one of the things Whitmore hopes will ultimately free him. He also notes that at the time he was sentenced, state law said someone sentenced to life for second degree murder could be eligible for parole after 20 years. That policy was later changed, which Whitmore argues violates the ex post facto law protecting people from retroactive changes to legal consequences. He currently has no lawyer to help him make these arguments, though he hopes to raise money to hire one.
“This is just how this racist, corrupt, irreparable system is,” he said. “My writ of habeas corpus won’t be denied because my claim lacks merit. It will be denied because I am a political and economic prisoner. Simply put, I cannot retain counsel to get out of prison.”
When Whitmore was sent to Angola in 1978, he met King and Woodfox of the Angola Three. He had met Wallace previously, during a 1973 stint in the Baton Rouge jail for a robbery charge which was later dropped. Wallace planted the seed of political activism then, which continued to grow in Whitmore’s mind. At Angola he became close friends with Woodfox and King, and later reunited with Wallace, and he joined the Black Panther Party.
“Once in the cage a Big Brother stopped and spoke to me,” he said. “He told me his name was King, and went on to explain to me that the tier was organized in a way to benefit everyone and explained to me what was expected of me if I decided to remain on the tier” – which was known as the “militant tier.”
Today King is a free man, released in 2001. He continues working for the freedom of Wallace, Woodfox and Whitmore, among others. Here he talks about Whitmore’s struggle.
Q: How did Zulu get connected with the Angola Three?
A: Herman (Wallace) was going to trial in Baton Rouge parish at the time Zulu was arrested (in 1973) – he met Herman in a holding cell. A relationship developed. Zulu went back out in the community in the mid-1970s, trying to organize the community. That was in
Zachary – a little town where it’s like you’re going back into the past.
Zulu became a target when he became outspoken about some things going on in the community.
As a result of that he was arrested on a charge, and then later charged with another crime while being held. That was around 1977. He got caught up in the same thing so many other people got caught up in – Zulu wasn’t really any exception, it was a nationwide conspiracy to squelch dissent wherever it was. When you’re in custody, you’re already in the belly of the beast – all they needed to do was plant evidence. If they really wanted to mess you up good, it was easy -- Albert’s and Herman’s cases, mine, there are so many more. Lots of people are still in prison as a result of being targeted and really not realizing they were targeted. There was a green light from J. Edgar Hoover that if you were militant, non-comformist, “incorrigible,” they would come after you. They came after you with a vengeance because they felt you would be a threat in the future. They did this with the Black Panther Party and individuals who were just sympathizers, who were in the struggle.
Q: And Zulu was framed…?
A: If you read the alleged confession they attributed to him and if you read the court transcripts of the trial where you hear his answers to their questions, you would know there’s no way possible that the confession was his. I got intrigued by reading the legal documents for the drama. When Zulu entered the drama, (testifying in court), it’s almost like he has a speech impediment – his dialect and vernacular was indistinguishable – he was the epitome of this thing they call “ebonics.” He didn’t have a vocabulary above the fourth grade, at the time. Then the statement that implicated Zulu was so articulate and the vernacular was perfect, you don’t have to be an expert to know it was a fake. If he had had a linguistics expert as a witness, Zulu wouldn’t be in
prison right now.
Q: How have things changed politically or in the justice system since Zulu was convicted? Does this figure into his case or his chances for getting out?
A: It’s no better, if anything it’s worse. At one time if you had a life sentence, you could get out of Angola . Now 90 to 95 percent of people will die in Angola . Now if you have a life sentence, life means life. And life in Angola means death -- is there any difference? There is psychological torture and physical torture. Angola has both. The psychological trauma is worse.
At one time the maximum for armed robbery was three years. When Zulu got there, the (maximum sentence allowed under the) law had changed from 30 to 66 to 99 years. They put laws in place that would keep people permanently in prison.
Q: Would you say Zulu has been a leader in prison?
A: Yes, the entire time. He’s always there helping others with legal work. He’s learning more and more, you couldn’t begin to appreciate the progress he’s made – before he had a speech impediment and he couldn’t really articulate ideas -- now he’s always learning and he’s passing his knowledge on. He said people call him Red Cross and come to him with their problems. He is very well regarded among prisoners, he’s respected as a prisoner with principles. I’m sorry to say some prisoners don’t have principles. He’s among one of the few who maintain principles. He’s always been quiet, but when I was at Camp J I came back and he had been on his tier with Woodfox, and he was Woodfox’s number one support. Zulu and Albert were real close. Zulu and I got real close too. I worked on Zulu’s legal case before I worked on my own or anyone else’s.
Q: Is he still targeted by guards or other powers that be in prison?
A: His affiliation has placed a stamp on him – like I was he’s been relegated to be in CCR or Camp J or some type of closed, restricted area, the whole time he’s there. I think this is because of his affiliation with the Angola Three. The administration is aware of Zulu’s potential. Same with Roy Hollingsworth – they have been targeting Roy and Zulu for his affiliation with Roy .
Q: What do you think his chances are, since he’s representing himself?
A: They appoint you a lawyer, but it’s like a roll of the dice. He could be incompetent. He could be a competent lawyer, but still he could not be competent for you, not aggressively dealing with your case. He could have good intentions, but not be knowledgeable. Or he may not be aggressive enough to command people’s respect. Then there’s the jury and the prosecutor. They tell you the jury decides your fate, but the jury is influenced by the DA.
Zulu was targeted – he’s a victim. Morally he should be out; legally he’s a slave- the legal system has made him a slave, lock stock and barrel. I think (his release) could happen with this campaign that is growing. And other campaigns. I think more people are speaking out. The focus is definitely there by the supporters. People around the country are consumed by the latest case, the San Francisco 8. The “Legacy of Torture” campaign, a film being shown around the US and Canada in conjunction with the Black Panther film, films about Mumia. Work around political prisoners is really picking up. He’s optimistic and I am too that he could be released.
Q: If he does get out, do you see Zulu being a strong activist and positive force in the community?
A: I believe strongly that Zulu understands the nature of the beast. He understands that there’s really no alternative. Struggle becomes like wearing a second skin. You aren’t going to come out of your skin. It goes on. Zulu has the volition to do so. He’s been there. He’s developed a sensitivity that people develop in prison – a quiet respect for life – you don’t have to go to prison to do this, but being in prison you become more reflective. Seeing your life flash by you on a daily basis, seconds seem like hours. You learn to appreciate and internalize life a little more. Zulu is one of those who will continue to do what’s necessary, to speak out. I do believe he will.
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