Log in to WRAL.com with one click using your favorite social network:
OR
Log in using your WRAL.com account:



Wrong email/password combination.

Forgot password?

Register with WRAL.com using your favorite social network:
OR
Register for a WRAL.com account using our web form.

5:44 a.m. • 5-22-13

Weather Forecast for Raleigh

  • Today: Thunderstorm.
    • Hi: 86° F
  • Thu: Thunderstorm.
    • Hi: 83° F
  • Fri: Partly Cloudy.
    • Hi: 76° F

Other Locations

> 7 Day Forecast

Doppler Image

Published: 2009-12-17 14:53:00
Updated: 2009-12-17 20:57:43

Appeals court removes roadblock to 'life' inmates' release


Alford Jones
Alford Jones
print friendly

The North Carolina Court of Appeals on Thursday ordered that a temporary stay blocking the release of two convicted killers be lifted at 5 p.m. Friday.

That means attorneys for the state has until then to appeal to the North Carolina Supreme Court to keep Alford Jones and Faye Brown – two of several dozen inmates serving life sentences under a 1970s law – in prison.

Both inmates were sentenced under the 1974 law that defined a life sentence as 80 years. Attorneys for both argued last week that the old law, combined with good-behavior credits, mean their clients' prison terms are complete.

The appellate court gave no explanation for its decision.

Noelle Talley, a spokeswoman for the North Carolina Attorney General's Office, said attorneys were preparing to file petitions with the state's high. A spokeswoman for Gov. Beverly Perdue, who has adamantly opposed the release of any of the life inmates, said the state has filed petitions with the Supreme Court.

"Gov. Perdue will continue to fight the inmates' release. She still believes any release needs to be part of a system that reviews records before inmates are released," spokeswoman Chrissy Pearson said.

On Monday, Superior Court Judge Ripley Rand ruled that the Department of Correction wrongly interpreted its regulation on the sentence-reduction credits but could have limited how those credits could be used.

"It did not," he wrote in his ruling.

Correction officials have said that state law prohibits felons serving life prison sentences from receiving good behavior credits for purposes of unconditional release from prison. The credits were awarded only for purposes of earning a more favorable custody grade, for becoming eligible for parole or for a commutation of a sentence by the governor.

A few hours before Rand's 5 p.m. deadline Monday, the Attorney General's Office persuaded the appeals court to keep Jones and Brown in prison until judges there could hear arguments.

"This order will for the first time ever in the history of North Carolina require our Secretary of Correction to unconditionally release an inmate serving a life sentence," Special Deputy Attorney General Tiare B. Smiley wrote in the motion for the temporary stay.

Rand's decision was a blow to Perdue's attempt to keep the inmates in prison. State officials say they are concerned because they will be released unconditionally without any kind of supervision.

"I'm furious," the governor told reporters Monday while visiting Camp Lejeune, vowing again to try to stop the release. "I have been really angry about this whole process."

Thomas Bennett, executive director of the North Carolina Victim Assistance Network, told The Associated Press that the inmates should not be released because of a "loophole" in the law. But he acknowledged the state may have a losing legal battle.

"For the sake of the victims, I hope that this (Supreme Court) petition succeeds," he said. "There's a lot of hurt and anger and bitterness out there."


47 Comments


WRAL.com welcomes your comments on this story. All comments are moderated prior to publication based on our posting guidelines. Please review them prior to posting and if your message is not approved.

View Comments VIEW ALL 47 COMMENTS

This story is closed for comments. Comments on WRAL.com news stories are accepted and moderated between the hours of 8 a.m. and 8 p.m. Monday through Friday.

Latest Comments
English teachers must weep any time they read comments on WRAL.

It's funny reading about all these people that are so adamant about keeping these inmates in prison, but no one seems to care that the woman who killed the 6 year old after running past the stopped school bus is in prison. Wrong is wrong, so why is she free? Murder is murder and she knew better and just blantanly disregarded the law of stopping for school busses and children. She killed a child and served NO time. This little girl was 6 years old!!!!!!! If she can be set free with a slap on the wrist, a person who is being kept in prison and by law should be released, should go home.

These two had a choice when they made it,which is why they are in prison now. The people that were killed, didn't get the chance to say I want to live!! This release is wrong, life is life. They took the life of their victims, were spared the death penalty and giving a life sentence. Well I don't know who's life they were talking about but "life" is in my opinion until you die in prison. This is the first thing Perdue has done that I stand by her. If only she would get mad and do more for our state as she has to fight the release.

It's ironic how our laws work! The pastor in Sanford who killed his wife got out after only serving 5 years. These two are just like any other inmates. If their sentence is up, release them. If they were sentenced under that 1974 law, we have to abide by the law. As unpopular as it may be what choices do we have? That's why we have laws and if the State of NC is not going to abide by it's own law, I certainly hope they don't expect me to abide by them either!

Disregard the law! Who needs law! So what it is illegal to keep these inmates detained! The law is irrelevant if someone feels it's wrong! If I disagree with a law, of course I don't have to abide by it! Right? You people are unbelievable

View Comments VIEW ALL 47 COMMENTS