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Prisons chief denies ordering inmates' release

Wednesday, December 9, 2009
(Updated Thursday, December 10 - 5:14 am)

GOLDSBORO (AP) — The chief of North Carolina's prison system testified Wednesday he never ordered the release of inmates who were covered by a 1974 law that put an 80-year limit on a life sentence.

Alvin Keller, the state's secretary of correction, testified Wednesday that he thought there was a possibility that a group of inmates sentenced under a 1970s law might be released after state courts agreed that the sentences would not last a person's entire life. But he contended that he never said they would be released.

"I never ordered the release of anybody," Keller said.

An attorney for inmate Alford Jones tried to show that state officials believed about two dozen lifers would be released because of sentence-reduction credits. Gov. Beverly Perdue initially said that the state was being "forced" to release the prisoners, and she released a list of inmates who knocked enough time off their sentences to earn immediate freedom. Correction officials meanwhile scrambled to find community connections and identify places for the prisoners to live.

Jones testified that correction officials initially told him, without qualification, that he would be going home in October.

"I said, 'Are you serious? Is this a joke?'" Jones recalled.

The state now argues that the inmates should have never received credits to reduce their sentences.

Jones, a convicted murderer, appeared in the Wayne County courtroom Wednesday in just one of what could become a series of legal battles spanning the state. Another inmate, William Folston, went before a judge in Shelby last week. A third, Faye Brown, is scheduled to appear in a Raleigh court on Friday.

Accompanying Photos

Comments

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gene

December 9, 2009 - 12:55 pm EST

As I stated in an earlier post, Remember the families of the victims, we got a life sentence without ever being paroled and these thugs think they should be back on the street for good behavior, I'll tell you about good behavior, the thug that murdered my son was suppose to be in prison serving a 25 yr sentence, but guess what after serving 11 yrs he was release for, (I think the term they use is good behavior) 53 DAYS after this thug was released from prison he robbed and murdered by son. The system has failed the victims in so many ways, I think the least that they can do is focus on a way to keep them behind bars instead of letting them out, I am so tired of hearing about their rights and their feelings, they lost that right the day they decided to take someone selse's life.

newshound

December 9, 2009 - 2:33 pm EST

I can understand the heartache that families feel when they are victimized, but NC created the law that allowed release of prisoners for good behavior. Due to the brutality of some of the cases, there is a public outcry for lifers who are eligible for release. I have seen cases now where some criminals deserve to be sentenced to life and one recent case where the person deserves the death penalty, but get off with 20-30 years and are out of prison before the ink is dry on the sentence. It is the system that needs to be corrected and if the prisoners are to be released under the old law, then that is the law.

gene

December 9, 2009 - 4:11 pm EST

That's why my comment said the system has failed, no one should be allowed out on good behavior, this isn't preschool where he are punished by a mere time out, for God sake's innocent people are losing there lives because of the law, you would think differently if you were the victim.

Panacea

December 9, 2009 - 2:16 pm EST

My sympathies for your loss. You're right in that our system has its flaws.

However unfair or unfortunate it may seem, convicted criminals still have rights. As hard as this is to understand, those rights have to be respected in order to protect the rights of society at large.

I think this situation with these convicts is unfortunate because most of these guys haven't been prepared for a re-entry into society. Some may well go on to commit new crimes, but others may get their lives together and become productive citizens.

As hard as this sounds, our justice system is not supposed to be about revenge. It is supposed to be about protecting society, and fair punishment for offenses.

gene

December 9, 2009 - 4:16 pm EST

If your child had been robbed and murdered in his own front yard after being followed home, I hope you would feel the same. It's not about revenge or I could have said kill the S.O.B. Trust me GOD will be the final judge but until than, you commit the crime you go to prison. Life means life, 20 means 20. you do the math and stop defending these thugs, thats what's wrong with our country. Sadly said people like you making excuses for them

Panacea

December 9, 2009 - 7:32 pm EST

I'm not defending criminal conduct.

I'm saying that the system is what it is. We can change the law to improve it for the future, but we can't retroactively make a sentence harsher than the law was at the time of sentencing.

Bear in mind there are many innocent people in prison.

Still, your anger is understandable.

CADDMAN

December 9, 2009 - 4:21 pm EST

If your sympathies where genuine you would keep your pie hole shut!

WILDMAN58

December 14, 2009 - 8:49 pm EST

IF CADDMAN WILL REMEMBER THIS IS AN OPEN FORUM, WHICH MEANS FREE SPEACH. MAYBE HE NEEDS TO KEEP HIS PIE HOLE SHUT AND STOP TELLING PEOPLE HOW THEY SHOULD COMMENT OR WHAT THEY SHOULD SAY....

whyus

December 9, 2009 - 2:17 pm EST

I am sorry to hear about your son, gene and fully agree with you. 80 years means 80 years. No good time behaviour.

whyus

December 9, 2009 - 2:19 pm EST

Disagree that criminals have rights. Their rights end where mine begin in my opinion. We are too soft on criminals which cause them to repeatedly get in and out of prison, murdering and raping along the way. Then someone says "oh my, why could this happen?" All prisoners should do hard labor and they would think twice about doing something wrong.

Panacea

December 9, 2009 - 7:33 pm EST

Actually, the harshness of our system, the lock 'em up and throw away the key mentality is making society less safe.

Too many non-violent offenders are locked up with the worst of the worst. They learn how to be better criminals, and turn into violent offenders themselves.

Our criminal justice system needs to be completely revamped.

whyus

December 9, 2009 - 2:34 pm EST

Check this out on today's CNN.com. My point exactly.

Added On December 9, 2009
A 100-year-old convicted child molester is released from prison, but remains unrepentant. WIVB reports.

chaunceyv

December 9, 2009 - 2:41 pm EST

It is will much dissatisfaction that I find myself reading so some of the comments that has been posted in the NR. I often wonder if we (socialitiy) think what role we play in the conditions that we have created. Do any of us really take the time to look beyound the surface, why the inmates are there, what steps have been taken to change the thought patterns, the emotional state of being, what level of thinking one has under gone, Yes it is true while some(inmates) may return, this maybe due to our failure to prepare them to be pro-ductive -vs - close eye,turn your back, Because if you are not careful you may wake up and find yourself or love one in the very hole (Prison) that you wish they would throw away the key.If we wish the inmates to behave thin we must do the same.

gene

December 9, 2009 - 4:08 pm EST

I wonder if your thoughts would be the same if your child was murdered in the front yard of his home after being followed home, robbed and murdered. They made that choice now they can live with it. My son was not given a choice. I know about the system, I have lived it

gene

December 9, 2009 - 4:55 pm EST

I don't generally stoop to this level but lady you need your head examined. So more tax dolllars should be spent to get them prepared to leave prison, most are there because they want the easy way in life steal instead of working, how about taking our tax dollar if you want to spend it on paying for some of these kids funerals. Lady unless you live it don't judge it

Panacea

December 9, 2009 - 7:35 pm EST

gene, I worked as a correctional nurse for 3 years. I've seen prisons first hand. They are no picnic believe me.

Just being there is a horrible punishment. But most of them will eventually get out, and we have to plan for that eventuality. We consistently fail to do so, and create the revolving door of crime our politicians decry.

gene

December 9, 2009 - 9:47 pm EST

Look all I can say to you is maybe when you get that phone call to come to the hospital to identify your child and the detective than show you autopsy photos of your only son, PRISON is where they need to be, don't preach to me, They had choices and they chose the wrong side of the fence and I'll be damn if I will pay to help get them back to society, they don't deserve that. Talk to someone whose child has not been murdered and you tell me prison is cruel, next you will be a pen pal.

Panacea

December 10, 2009 - 10:31 am EST

Unfortunately, there has to be someone like me to act as the voice of reason.

Yours is the voice of emotion.

I have no idea the pain you are suffering, you are quite right on that. I hope I never learn first hand.

But that pain can't be allowed to overwhelm constitutional protections.

gene

December 10, 2009 - 10:59 am EST

Maybe your daughter will bring home a new son in law from prison and you can spend the est of your life molding him. People like you need mental help

whyus

December 9, 2009 - 3:04 pm EST

Thanks for your insight chauncheyv. My commentary is specifically aimed at the individuals they are looking to release which are a bunch of rapists... these are not your ordinary criminals and if we did some research on repeat offenders I would bet that this group would have a high degree of repeating their crimes due to the vicious and uncontrolled nature of their actions.

WILDMAN58

December 14, 2009 - 8:45 pm EST

EVEN GOD FORGIVES THOSE WHO COMMIT MURDER. REMEMBER MOSES KILLED A ROMAN. I HAVE A BROTHER WHO HAS BEEN IN PRISON SINCE 12/7/82 FOR AN ACCIDENTAL SHOOTING. HE WAS GIVEN A 30 YR SENETENCE WITH PAROLE ELIGIBILTY IN 13 YRS, BUT BECAUSE OF A SCREWUP BY THE PRISON SYSTEM HE WAS TOLD HE HAD TO STAY IN FOR THE REST OF HIS LIFE...

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