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N.C. inmates being freed have 256 prison infractions

Friday, October 16, 2009
(Updated Saturday, October 17 - 5:53 am)

RALEIGH (AP) — The violent North Carolina criminals set to be freed later this month because of a court ruling and good conduct credits have racked up more than 250 infractions in prison for offenses such as fighting, weapon possession and theft.

Department of Correction records reviewed today by The Associated Press show the violations go as far back as the 1970s but also appear as recently as 2008, raising questions about whether the prisoners are reformed. Each one of the 20 inmates has at least two infractions, and combined they have a total of 256.

They have repeatedly been denied parole.

The inmates are scheduled to be released Oct. 29 after state courts sided with one of the inmates, double murderer Bobby Bowden, that a 1970s law defined a life sentence as only 80 years. The state's Fair Sentencing Act in 1981 included a retroactive provision essentially cutting all those sentences in half, and good behavior and other credits have shortened the sentences to the point that they are now complete.

Bowden had argued before the Court of Appeals in 2008 that he had accumulated 210 days of good conduct credit, 753 days of meritorious credit, and 1,537 days of gain time credit. But the 60-year-old has also racked up 17 infractions in prison, including two for weapon possession, one for damaging property and several for disobeying orders.

Others have equally long rapsheets: William Baggett, a 60-year-old convicted of a 1976 murder in Sampson County, got a fighting infraction last year — his fifth fighting offense while behind bars. Kenneth Mathis, a 55-year-old who went to prison in 1976 after forcing a woman into the woods and raping her, has had three sex infractions in prison. He was accused in 2005 of assaulting an inmate with the intent to commit a sexual act.

State officials believe dozens more inmates convicted three decades ago could soon be eligible for release because of credits and the 80-year law that was in place for several years in the 1970s.

Jim Woodall, the district attorney in Orange County and president of the North Carolina Conference of District Attorneys, said many in the courts system believe that criminals become less active as they grow older. But he warned that nobody can be sure whether these inmates are ready to lead normal lives.

"A person who has been in prison for a violent crime, and has gotten infractions throughout their time incarcerated, that's the best predictor for their future activity," he said.

North Carolina inmates sentenced before structured sentencing came into effect in 1994 can rapidly knock time off their prison terms. Good conduct credit automatically reduces sentences by one day for every day inmates serve with good behavior and without an infraction. Gain time credit goes to inmates who participate in work or program activities. Prisoners can also get meritorious credit for working under special conditions, such as overtime.

Infractions can remove some of those credits.

Woodall said a person sent to prison for 10 years before structured sentencing frequently completed the term in just a couple of years. The new laws lead to shorter sentences in the courtroom but less opportunity for inmates to accrue credits, something he supports.

Seven of the inmates set for release were once on death row. All but one of them have been convicted of murder or rape, including several who targeted young girls.

"Any of these convicts could be a danger to any man, woman and child in North Carolina," said Thomas Bennett, executive director of the North Carolina Victim Assistance Network. "We have no assurance that these people have learned anything and changed."

North Carolina's Supreme Court rejected an appeal from the state earlier this month after a lawyer from the Attorney General's office argued that the 80-year law was ambiguous and likely was supposed to determine when somebody would be eligible for parole. The 1970s statute 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."

Accompanying Photos

Comments

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elsoots

October 16, 2009 - 1:07 pm EDT

When thay get life in prison it is life not 80 years the people that do something to go to prison thay now thay will get out and do it again.
thay don't get the right time for what thay do.

Dogwood

October 16, 2009 - 1:23 pm EDT

The gentlemen are out. Where will they go?

Nsurancelady

October 16, 2009 - 1:46 pm EDT

They will come straight to Greensboro & High Point. They always do...

whyus

October 16, 2009 - 2:06 pm EDT

I suggest these prisoners be required to relocate to the neighborhood where the idiots who made this decision reside.

whyus

October 16, 2009 - 2:42 pm EDT

On second thought, I have a better idea...Have a tent city set up in Raleigh at Bev's house since they are already in town.

Voice of Reason

October 16, 2009 - 3:11 pm EDT

This isn't a very surprising story. In the past 2 months a pair of murderers have been released back into the triad- one who murdered a Greensboro Police officer, and one who abducted, raped, then murdered a local college student. Both got into shoot-outs with police as they were attempting to arrest them. Yet they are both free men, both local, and both continue to show aggression toward police. Why were these men freed? Wouldn't that be an interesting story, N&R staff?

incredulous1

October 16, 2009 - 3:26 pm EDT

What is this insanity??? I cannot even begin to comprehend this decision. Do the people responsible for letting these animals free not have wives and/or children they care about? How many people have to be murdered, how many women have to be raped before we come to our frigging senses here? These degenerates are NOT curable- they are rabid, diseased, dangerous animals who cannot be released into normal society.
I have never felt more disgusted and hopeless.

Astounded

October 16, 2009 - 4:01 pm EDT

The idiots in the court system are just that--- I am ASTOUNDED at the stupidity in thinking that rapists and murderers who have obviously NOT been rehabilitated are being allowed on the streets again! ALL this accomplishes is putting fear in the hearts and minds of the victims and their families. There will be NO MORE PEACE in this world for them or their families until these perps do something again to return to prison or are dead themselves. Unfortunately, until that happens, the victims will continue to suffer every day due to the stupidity and lack of COMMON SENSE in the court systems. Of all the people to let out of prison, for whatever reasons, this is unbelievable! I hope these idiots can rest in peace with their idiotic decision and if someone else dies or is harmed as a result of this decision, their life becomes a living whatever. That's certainly what is happening to those effected by this decision.

sharon wiley

October 16, 2009 - 6:05 pm EDT

I just can't see anyone who has raped a child being let out of jail.

Fred

October 17, 2009 - 5:14 am EDT

Why not issue a firearm to each to save them the trouble of stealing one?
When "THE LAW" conflicts with common sense I'll go with the latter every time.
Fred Stanley

flowerogrowth

October 20, 2009 - 1:17 am EDT

I'm not coming back to NC just for this reason right here. Raping children is not something that can be cured in jail. It's a sickness. Keep those nasty fools behind bars!

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