news-record.com

BLOGS

Capital Beat

Perdue: inmates will not be released

Update: This statement came from AG Roy Cooper, following up Gov. Bev Perdue's release:


“In the interest of public safety and to ensure that sentences and release dates are properly calculated according to law, we have advised the Department of Correction that no prisoners have to be released until further direction from the courts. We continue to believe that these prisoners need to remain behind bars as we have argued for more than two years to the courts.”


Much has been written about 20 North Carolina the inmates who were serving life sentences but about to be sprung because "life" didn't really mean "life" back when they were sentenced. (Background here, here and here.) Now comes this release from Gov. Bev Perdue, in which she declares there is a "real question" whether the prison system properly applied "good time" rules to the inmates and says, "Until these new legal issues have been resolved by the courts, Mr. Bowden and the other violent offenders will not be released." The full release is below:


When I learned that the Supreme Court had issued a ruling that meant offenders serving life in prison would be released after a mere 35 years, I was appalled. Like most of my fellow North Carolinians, I believe life should mean life, and even if a life sentence is defined as 80 years, getting out after only 35 is simply unacceptable.

Since that ruling, my staff and I have been doing everything we can to stop the release of these rapists and murderers. These are people who have been denied parole repeatedly, and many who have numerous infractions during their prison stay. I do not believe they are ready for release onto the streets of our communities.

While I understand the decision of the Supreme Court, I believe there remain unresolved legal issues that were not addressed. Before Mr. Bowden or any other offender affected by the Court’s decision is turned loose, these issues must be heard.

At issue is the application of good behavior credits to these violent offenders serving life sentences since the 1970s. Since last week, we have been scrutinizing the good behavior credits applied to the 20 inmates eligible for immediate release. This morning, legal counsel and Department of Correction staff met with officials who oversaw the application of those behavior credits during the 1980s. At the time, the DOC gave inmates day-for-day credits under the authority of the then-secretary. There is a real question whether the General Assembly intended for the DOC to have that kind of authority. I do not believe they did, and my legal counsel agrees. This raises the very real question that these inmates should not be eligible for early release.

Mr. Bowden’s case is in the process of being sent back to the trial court to recalculate his sentence. These issues can be resolved by the courts.

Until these new legal issues have been resolved by the courts, Mr. Bowden and the other violent offenders will not be released.


Perdue talked about efforts to block the prisoners' release on a call with reporters this morning. You can find audio from that conversation here.

Comments

This article has been closed to new comments. Comments are generally closed after 14 days. However, comments may be closed earlier at the discretion of the News & Record.

Inappropriate content? Please report abuse.

Advertisement | Advertise with Us

Connie Mack Jr

October 28, 2009 - 5:12 pm EDT

While I understand the decision of the Supreme Court, I believe there remain unresolved legal issues that were not addressed. Before Mr. Bowden or any other offender affected by the Court’s decision is turned loose, these issues must be heard* AG and the Gov

I had no idea that the Gov and the AG had the NFL instant Replay system in Government?

eMail Updates

Advertisement | Advertise with Us

Featured Ads

Search

Advertisement | Advertise with Us
Advertisement | Advertise with Us
Advertisement | Advertise with Us

News & Record Network Sites

User Tools

  • Social Networking
  • RSS
  • Share
  • Sign in to MyNR

Search