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Update: Perdue will block scheduled release of 20 violent inmates

Thursday, October 22, 2009
(Updated 7:55 pm)

RALEIGH, N.C. (AP) — In the face of outrage from victims and their families, North Carolina's governor on Thursday challenged a quarter-century-old policy on prison good conduct credits, saying she would not free a group of violent inmates who were sentenced to life in prison.

Gov. Beverly Perdue, awakened from sleep during a trade mission in China so she could make a judgment about the legal quandary, argued in a statement that she doesn't believe the Correction Department had the legislative authority to apply credits to inmates who are in for life. Her administration planned to deny the prisoners those credits, preventing their release until the issue was resolved in the courts. They had been scheduled for release next week.

The North Carolina Supreme Court ruled earlier this month in favor of prisoner Bobby Bowden, who argued a state law from the 1970s defined a life sentence as 80 years. Time-off credits allowed some like Bowden to get a day-for-a-day for good behavior, and 20 inmates qualified for release.

The Democratic governor said there was a real question whether the legislators intended for the prisons agency to have that kind of authority.

"I do not believe they did, and my legal counsel agrees," she said. "This raises the very real question that these inmates should not be eligible for early release."

The governor's office claims that inmates sentenced before the state's Fair Sentencing Act went into effect in 1981 should not have qualified for the good conduct credits offered under that law.

Attorney General Roy Cooper said his office advised the Correction Department "that no prisoners have to be released until further direction from the courts."

The potential release appalled victims, in part because most of the inmates would be freed without any post-release supervision. Only one would have official supervision, and the convicted rapists would have to register as sex offenders.

Pam Hurley, whose mother was killed by Bowden, said she thinks the reprieve may be just temporary.

"We are happy, but we are continuing to send letters and e-mails to get our message out. This should have never happened in the first place," she said. "Now that this has been breached, you'd be crazy to relax and think, 'Oh, well now it's all over.' It's not over. We know it's not over."

The governor's argument is the latest legal maneuver in a case that has been in the courts for years. Attorneys for the state argued before the Supreme Court last month that the law was "ambiguous," but justices unanimously agreed to allow a 2008 Court of Appeals decision stand. That announcement earlier this month left the state scrambling to prepare the inmates for release on Oct. 29.

Sen. Tony Rand, D-Cumberland, one of the Legislature's most influential leaders, said he backed Perdue's decision "until every legal avenue is exhausted."

"I am confident that the Department of Correction is under no obligation to release these prisoners next week," said Rand, D-Cumberland.

Staples Hughes, the state appellate defender whose office represented Bowden, said he would have to wait to find out why the governor thinks the credits were applied improperly.

"It's curious that after all these years, suddenly in the wake of all the publicity about this, they decide the credit was improperly given," he said.

Defense attorney David Rudolf of Charlotte, whose clients include former NFL player Rae Carruth and Duke lacrosse players, said Perdue can't change the rules.

"That creates a system that is unfair for everyone," he said in a statement. "The law is the law, and the governor is supposed to enforce it, not search for reasons to avoid it."

Correction Department records show the 20 have racked up more than 250 infractions in prison for offenses such as fighting, weapon possession and theft. Each of the 20 inmates has at least two infractions, and combined they have 256.

___

Associated Press writers Gary D. Robertson and Mike Baker contributed to this report.

Comments

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tryingtoremainneutral

October 22, 2009 - 1:11 pm EDT

This is reallly serious letting these Killers and Rapist lose on some stupid Judge's interpertation of a law . If the state says that a life sentence is equal to 80 years then none of the twenty are 80 years old and I cannot see any good behavior credits for people that kill State Trooper's or Rape children. If these criminals were 20 when they commited the crimes then simple math says that they would have to be 100 years old in order to serve a life sentence which equals 80 years don't it?

Crimedog

October 22, 2009 - 5:23 pm EDT

Gov, Beth is now the leader of North Carolina we can stand behind and support! No low-life pig-s--t cretin raper, murderer should ever be allowed in any community, again. Their victims are still raped and dead. I'm so pissed over this that I can start shaking! And, to damn hell if anyone of you believe they should be released. The only way I'll like to see then released is to the family, friends and loved ones. Let them take final justice with the piece of crap raper/murderer. Otherwise, hold them in cages, until they have a tag tied to their evil toe and they are thrown into an unmarked hole and covered with dirt. The Dog's pissed and shaking right now so I'm outa here!
Crimedog

tarheel19906

October 22, 2009 - 5:25 pm EDT

Im kinda shocked Purdue is actually doing something on a positive note to help citizens in NC, so someone catch me if I fall. When I was reading about the 'trash' scheduled to be released I just couldnt understand how a person went from receiving the death sentence, to life in prison only to be released. In my opinion receiving either sentence means you did something so bad you are never allowed to live in a free society again and the only way the person is to leave prison is in a wood box.

whyus

October 22, 2009 - 5:40 pm EDT

The debate to release these inmates has been going on in the media for some time and you can bet Bev Perdue knew about it before any of us did. So why her delay in responding more forcefully? She is no hero in this.

eclipse3

October 22, 2009 - 9:25 pm EDT

You are exactly right! But, the "show must go on". What a crock, "Gov. Beverly Perdue , awakened from her sleep during a trade mission in China." My, how important and dedicated she sounds.

Well, at least her PR folks are good at what they do !

ravencottage

October 22, 2009 - 8:03 pm EDT

You telling me Bev grew a pair? Are these bad dudes Jim Hunt's boys?

GBO_Yoda

October 22, 2009 - 9:50 pm EDT

Amazing !!!!!!!!! Glad Bev is on the case Heck someone HAD TO step up , atleast she finally did before next week.

Thomas G Smothers Jr

October 23, 2009 - 12:00 am EDT

If the State had executed these sleeze bags like they should have we wouldn't be discussing this!

sharon wiley

October 23, 2009 - 12:12 am EDT

Since Gov. is stepping up on blocking these inmates release , why don't she also step up and stop cutting mental health services for poor people. I'm begining to believe what liz said.

bettejayne

October 23, 2009 - 1:25 am EDT

I love the honorable officer of the court attorney who states ""It's curious that after all these years, suddenly in the wake of all the publicity about this, they decide the credit was improperly given" and the other officer of the court, Defense attorney David Rudolf of Charlotte, whose clients include former NFL player Rae Carruth and Duke lacrosse players, said Perdue can't change the rules."That creates a system that is unfair for everyone," he said in a statement. "The law is the law, and the governor is supposed to enforce it, not search for reasons to avoid it."

It seems to me the defense attorneys are the ones who are changing the rules. The law said 80 years, lawyers now found a few judges to agree with their side and changed the rules after all these years.

___

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