ST. GABRIEL (WBRZ) - A killer was released from custody about 7:30 p.m. Tuesday, after a judge told an area district attorney the man could not be held while the D.A. appeals the man's overturned conviction.

"Corrections Services is currently processing the offender for immediate release," a note from the Department of Corrections read.

Herman Wallace, 71, was doing time for the 1974 murder conviction of an Angola guard. He was held in solitary confinement for 41 years. He was serving his sentence at Angola but was moved to Hunt Correctional in Iberville Parish a few years ago.

Hours before his release, U.S. District Chief Judge Brian Jackson ordered a new trial and for Wallace to be freed citing a violation of his Constitutional rights because there were no women on the jury that indicted him for the murder charge.

Wallace was serving an armed robbery sentence when Angola guard Brent Miller was fatally stabbed in 1972. Wallace and two others - known as the Angola 3 - were convicted in Miller's death and moved to isolation at Angola.

Wallace has cancer and was recently the focus of a push by Amnesty International, a group that vows to fight injustice. The group urged for him to be released.

Wallace developed cancer while in prison and, through the organization, has claimed he would not be ill if he would have been given the proper care.

"I speak on behalf of every inmate whose voice has been suppressed when I speak out against these abuses," Wallace wrote.

Wallace was taken from the prison to New Orleans by ambulance.

He said his last wish was to die in freedom. 

Image: WBRZ