Judge Orders Ex-Black Panther Released After 36 Years Confinement

November 26, 2008— -- His defense team says he is a wrongfully convicted man who wouldn't hurt a fly. The State of Louisiana calls him "one of the most dangerous people in the United States." Now, after 37 years of lock up, Albert Woodfox, 61, will walk out of Louisiana State Penitentiary, after a judge ruled Tues. that Woodfox be released on bail after he previously overturned his conviction for murdering a prison guard.

"Mr. Woodfox today is not the Mr. Woodfox of 1973," said U.S. District Judge James Brady in his decision. "Today he is a frail, sickly middle aged man who has had an exemplary record for over the last twenty years."

Woodfox's legal team praised the decision and said Woodfox is "completely overjoyed and overwhelmed." "His strength is immeasurable," said attorney Nick Trenticosta. "The fact that he's remained as hopeful and strong as he has is remarkable to me."

Woodfox is expected to be released as soon as next week, once Brady approves his living arrangements.

But that won't happen if the state has its way. Louisiana Attorney General James "Buddy" Caldwell told ABC News that he has filed an emergency appeal to try and hold Woodfox in detention while the state appeals to an upper appellate court for a reversal of Brady's decisions in the case.

"We're going to fight it all the way," said Caldwell.

Brady granted Woodfox, who has been appealing a second degree murder conviction in the death of a prison guard, habeas corpus relief in September, effectively overturning the conviction that has sparked a lengthy legal back and forth between Louisiana prosecutors and defense attorneys. Brady granted the state's request to stay a new trial while the appeals process is underway. If the state does not win its appeal, it will need to retry Woodfox within 120 days.

In 1972, Woodfox was serving a 50-year sentence for armed robbery when prison guard Brent Miller was murdered within prison walls. Woodfox was convicted of the murder based on the testimony of fellow inmate Hezekiah Brown.