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N.C. to release 20 longtime inmates

Thursday, October 15, 2009
(Updated 9:06 pm)

RALEIGH (AP) — A cadre of murderers and rapists, several of whom victimized young girls, will be set free from North Carolina prisons this month after state courts agreed that a decades-old law defined life sentences as only 80 years long.

Dozens more inmates could be released in the coming months unless the state can figure out a legal recourse to keep them behind bars, officials said Thursday. Gov. Beverly Perdue called them "dangerous criminals" who have repeatedly been denied parole.

"I'm appalled that the state of North Carolina is being forced to release prisoners who have committed the most heinous of crimes, without any review of their cases," Perdue said in a statement.

One of the 20 inmates set for release, Bobby Bowden, had argued that a law adopted in 1974 clearly defined life sentences as just 80 years. The 60-year-old convicted murderer believed that the statute, combined with good conduct credits, means his life sentence is now complete.

The Court of Appeals sided with Bowden last year. North Carolina's Supreme Court rejected an appeal from the state earlier this month after a lawyer from the attorney general's office had argued that the 80-year figure was ambiguous and likely meant to determine when somebody would be eligible for parole.

Justices on the high court balked at that argument, and an attorney for Bowden called it "legal gymnastics." The statute, which was in place for several years in the 1970s, says: "A sentence of life imprisonment shall be considered as a sentence of imprisonment for a term of 80 years in the state's prison."

A governor's list of prisoners set for freedom describes a range of gruesome crimes: John Montgomery, 58, was sent to prison in 1973 for raping a 15-year old girl while on escape from Guilford Correctional Center. Faye Brown, 56, was convicted on a first-degree murder charge for the 1975 killing of a state trooper during a bank robbery. Steven Wilson, 52, went to prison in 1978 for abducting and raping a 9-year-old girl.

All but one of the inmates have been convicted of murder or rape. The 20th, 57-year-old Charles Lynch, was convicted of two counts of second-degree burglary and assault with intent to commit rape.

Thomas Bennett, executive director of the North Carolina Victim Assistance Network, said the plan to release the prisoners is dangerous.

"This is terrible. This is a disaster," he said. "This is another example of victims not receiving consideration in the way the system works."

The governor's office believes the state is forced to release the inmates on the 29th because of a standard response time of 20 days following a Supreme Court decision. Correction officials are in the process of notifying victims and local district attorneys about the development.

Edgecombe County Sheriff James Knight, president of the North Carolina Sheriffs' Association, said communities will need to be careful.

"The law enforcement in the jurisdictions where they're being put back out need to have a watchful eye out," he said. "We hope (the inmates) are reformed, but we have to be on the lookout. You just don't know."

Bowden was convicted in 1975 of two Cumberland County killings and initially sentenced to death. The Supreme Court later took him off death row, sending the case back for Bowden to get concurrent life sentences. He has been denied parole every year since 1987.

Corrections officials have worried that the case could eventually affect some 120 inmates sentenced when the law was in place.

Comments

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whyus

October 15, 2009 - 4:45 pm EDT

I would let them loose and give their address to their victims so as to exact their own punishment.

lynda40

October 17, 2009 - 7:00 pm EDT

i think you are right

nanamamaedge

October 15, 2009 - 5:11 pm EDT

Why should anyone work hard, to be good, when it seems that all the rights, go to those who break the law, and the ones that don't work. Real AMERICANS don't have any rights anymore. I like the comment about it they go free, the families of their victims, should be notified, as to when and where they will be released. OR maybe we should let them all go in Washington, DC !!!!!

cloman

October 15, 2009 - 5:42 pm EDT

Unless I've completely lost track of time, 80 years hasn't passed since 1975.

speakup2

October 15, 2009 - 8:06 pm EDT

I'm glad that you noticed too. I thought that maybe I had fell asleep and missed something.

autismmom

October 15, 2009 - 6:02 pm EDT

So he is sentenced to 80 years, serves 35 and is released 45 years early b/c of good behavior??? That's not even half!!! I could see maybe 5 years early for good behavior, but 45?!??!?!

datrue

October 15, 2009 - 7:00 pm EDT

whatever the sentence is the time you should do.....Period!!
No time off for good behavior
Good Behavior should get you......Not clubbed in the head and thrown in the hole.
Maybe if Prison was uncomfortable people wouldn't get out and then go back in and get out and go back in like they do.
5 years = 5years
Life = until you die
Death = you die now!!!! not 10yrs from now while the legal system diddles around with it and then stupid stuff like this happens.

kikablue

October 15, 2009 - 7:05 pm EDT

Why not just send them to Iraq or Iran let them fight for their freedom if they want out of prison. Those that come back safe can go free, those that don't make it. Their time was up anyway. If the violent criminals are released there is going to be one of the worse bloodbaths that people have ever seen. The criminals go free, the good people will more than likely take up arms. If they do release the violent, North Carolina is going to see Vigilanties like they have never seen before. They will be released, no job, no one will willingly hire a convicted murder. They will get the money by what ever means it takes. If you've never prayed for anything you had better start NOW.

speakup2

October 15, 2009 - 8:00 pm EDT

Why put them off on our Good and Decent Soldiers?

opec

October 15, 2009 - 7:13 pm EDT

Why bother sentencing some one to 80 years, just to let them go in 5?

srixon

October 15, 2009 - 10:23 pm EDT

Death Row means nothing. How about this. If you receive death lets give the person 60 days, one appeal. Then two options. Death by chair or injection. Also take ten from each state on death row and execute each month for one year. That's 6000 x 22,000 = 132,000,000

Look at the $$$$$ this would save the tax payers not to mention the crime rate would drop in half. Avg. inmate on death row per year cost. $22,000,

Tucker

October 16, 2009 - 12:03 am EDT

The entire justice system is broken. How many lawyers (no offense) does anyone know that are NOT in it for the money. Yet lawyers are the gate keepers to the justice system. People who love money are the gatekeepers of our justice system, and we all know what the love of money is...

truking

October 16, 2009 - 1:23 am EDT

The City of Winston-Salem has a dead officer at the moment from whom was killed by a person who should have never been out in the first place thanks yet again to the justice system and i have to read this!! One guy is getting out after killing a STATE TROOPER!! What is wrong with this picture. Sorry but good behavior is not going to bring back that state trooper or the girl raped has to live with what happened for the rest of her life. If criminals would work as hard as they work trying to get away from justice and do something positive the world could possibly be a better place. But whatever i'll finish with this I would rather be tryed by 12 than be carried by 6.

kurgun

October 16, 2009 - 2:19 am EDT

I say let them be released on 1 condition, for every criminal they set free make them go to either Iraq or Afghanistan and give them no weapons or suits or whatever and tell them they must earn their freedom. Then that kills 2 birds with 1 stone if they manage to take out some terrorists or are killed for that matter then they can start sending home the troops. That's what I would do to them, if they want to be released so badly at least have some stipulations they must adhere to, don't just let them out scott free.

NC Girly

October 16, 2009 - 10:56 am EDT

See this is a prime example of what out of control truly looks like! Setting people free who have committed the most heinous crimes is beyond imagination for me. I can't quite get the concept of our justice system. If someone commits these types of crimes they should be punished accordingly, no excuses, no redoes or retakes! If a person is capable of rape and murder it's a good chance these people have sociopathic tendencies and will offend again. The countries justice system (it's not just NC) has deteriorated at it's core and no one seems to care. It's sickening really. If fact our justice system has created more loopholes for criminals than it's proved as a service to communities. I'm sorry, but capital punishment was created for a reason and I'm all for it at this point! Now for those who are going to whine and say no, no, that it's not fair, because innocent people could pay the price. I'm talking about the people who have the evidence stacked against them (DNA, fingerprints, photos, videos, etc) that there is no possible way they could be innocent. Get them out of here, send them on, rid the communities, jails, and tax payers of this burden. Don't keep these animals on death row for years, process them and get them out of here. I'm sorry if that sounds harsh, but maybe if there was stricter punishment for crimes people would stop doing the unthinkable.

lynda40

October 17, 2009 - 7:04 pm EDT

i want to know why they are letting people like that out and not letting them stay they done things that a jury put them as guilt but now they are going to go free for the family's to go though more now than when the crime happen i think the law it stuid as hell i am sorry to all the family's going to have to see these people on the street sometime

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