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Appeals court temporarily halts inmate release

Monday, December 14, 2009
(Updated Tuesday, December 15 - 5:36 am)
By Mike Baker
Associated Press

RALEIGH (AP) — North Carolina's appeals court has temporarily blocked the release of two convicted murderers sentenced under a 1970s law that limited life terms.

The court clerk issued an order Monday afternoon approving a request to halt the case, but he gave no explanation. The decision gives state attorneys another chance to argue the inmates should not be set free.

Superior Court Judge Ripley Rand had ordered convicted murderers Alford Jones and Faye Brown freed earlier Monday. Their attorneys convinced Rand that sentence-reduction credits have shortened their life terms, which were defined as only 80 years when they were sentenced.

Rand had set a 5 p.m. deadline for the Department of Correction to release Jones and Brown.

Accompanying Photos

File photo (News & Record)

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Cemetery

December 14, 2009 - 12:10 pm EST

This is truly frightening. I can't believe these dangerous felons are being released upon us. Lock your doors, everyone. I doubt they're reformed!!

linus

December 14, 2009 - 12:41 pm EST

I hope they move in right next the judge or his family

Panacea

December 14, 2009 - 12:47 pm EST

I said weeks ago that would Perdue would lose this fight. I was right.

She would have done better attempting to delay their releases by mandating they complete a program intended to prepare them for life in society rather than allowing them to be dumped on the streets. She chose not to do that and follow the safe political course of "lock 'em up and throw away the key."

There's no way to know what kinds of lives these guys will live. It may be they end up right back in prison. They might become model citizens.

Either way, we would spend our energies better focusing on how to reintroduce dangerous felons into society when they've finished their time. We really don't do that, so we shouldn't be surprised by the revolving door.

whyus

December 14, 2009 - 1:02 pm EST

Guess who paid for these felon's attorneys? (Bet they didn't).

Panacea

December 14, 2009 - 1:55 pm EST

Actually, they would have had to pay for their own. The government only has to supply you with a lawyer thru your first trial and first appeal.

gene

December 14, 2009 - 3:03 pm EST

Panacea, Obviously you need a real tragedy to hit home before you understand these thugs like the prison life, Had the thug that murdered my son done the 25 year sentence that he was given, instead of 11yrs he would be alive today. This animal was out of prison 53 days beore he robbed and killed my 22 yrs old son in the front yard of my son's home, He was awarded more good time off than served, Don't you think if they behaved that well they would not be in prison. Again, what choice was my son given that night and do ya think I'll ever get out of prison.
From a mom who knows the system, and a lady(Panacea) that thinks she knows.

Panacea

December 14, 2009 - 4:02 pm EST

I do know the system. I worked as a correctional nurse for 3 years. Take comfort in the fact your son's killer is in a living hell, if that is what comforts you.

We have a criminal justice system, not a criminal revenge system.

I do regret you are in pain, and hope someday you find healing.

Although I have not had a loved one murdered, I've been a "victim" of crime. I can't understand how you feel, but I do understand the feeling of violation that comes with crime.

gene

December 14, 2009 - 5:08 pm EST

No his killer is not in a living hell he is walking the streets, and I have talked personally with an inmate and he says that if a con man wants to reform he can, they have all the educational you want offered, most choose not to take it because, hustling on the inside makes just as much on the street, just because you worked as a correctional officer doesn't mean you know what the inmates think, his words exactly I've never seen a prison nurse do anything but eat. Maybe you had an inmate bringing you the twinkes,maybe that's why you like them so

Panacea

December 14, 2009 - 5:34 pm EST

I'm not saying I couldn't be fooled by an inmate. But it's hard; I'm familiar with the BS games they play.

I'm sure some correctional nurses are slackers. I wasn't. The inmates didn't like me, but they did know I would help them if they were sick and injured . . . because that's my job.

I also know the inmate has to want to reform. I'm not blinded by idealism here, far from it.

But experience taught me that simplistic solutions to crime don't work.

Your anger and your pain makes you say such hateful things (you judge me without knowing me), but that's OK.

linus

December 14, 2009 - 5:10 pm EST

I hope they move next door to you Pancea!

gene

December 14, 2009 - 6:10 pm EST

It's people like Pancea that make our strrests the way they are.

jazzy197

December 14, 2009 - 1:33 pm EST

I thought that if u do the crime you must do the time. I do not care how much time they received. I think that they should stay locked up you took a life so now your's is taken away from you. I just hope that everyone is prepared for the outcome of these releases.

NC Girly

December 14, 2009 - 1:55 pm EST

It appears under NC state law they've done their time.....whatever that means. I agree with Jazzy197 if you do the crime you should have to do the time and I mean all of it! There was a little discussion regarding prisoner's rights the other day and I couldn't help but scratch my head in disbelief over some of the comments. If prisoners wanted the luxury of "rights" then they shouldn't have imposed on another person's right to live! Sorry, you took a life, now your life belongs to the state or the executioners. I have no sympathy for people who commit coldblooded murder. It makes my stomach turn just thinking about these animals being released back into our city.

Here's a thought...where will these people go? Where will they be employed? What have they learned inside for the last 30+ years that could possibly help them function properly on the outside? NO!! I don't feel like more useless tax dollars should be blow to the wind attempting to teach animals how to "behave" like a human. I'd rather have the money spent on keeping them where they belong...behind bars.

buldawg

December 14, 2009 - 3:35 pm EST

Bet neither of them will bother to get jobs....they will continue to live on the backs of taxpayers and lay around scheming how to screw the system while the rest of us are at work.
Maybe this idiot lawyer and judge will care for them.

w7xq

December 14, 2009 - 1:57 pm EST

I'd like to know how a judge who lacks the ability to understand the meaning of "life" in life sentence
could have achieved the position he now holds. I detect some sort of ideological bias in this decision.

stenhard

December 14, 2009 - 3:00 pm EST

From what I've read, the judge's ruling is based on a law passed in 1974 that defined a life sentence as 80 years. It appears that this was repealed in 1994 and "life" was defined as "natural life". It seems as though the judge is following the letter of the law.

If anyone has links to the legislation in question (the 1974 definition of "life" imprisonment, the 1981 Fair Sentencing act, and the repeals of each) it would be helpful.

whyus

December 14, 2009 - 2:01 pm EST

panacea-Where would someone who is in jail for "life" get the money for an attorney?

stenhard

December 14, 2009 - 3:02 pm EST

"Money for an attorney" could equal zero if the attorney chooses to take the case pro bono.

tarheel19906

December 14, 2009 - 2:56 pm EST

There are no jobs available for people with clean records and I doubt someone would hire a person who was so bad they received a life sentence, so who is going to support the TRASH about to be released? With no job and money I believe they will resort to a life of crime. All I ask of them is.....Please carry ID, so your next of kin can be notified because if you break into my home or harm a member of my family, there will be instant justice that no judge can over rule. I still have a right to bear arms and protect myself.

buldawg

December 14, 2009 - 3:30 pm EST

Maybe this idiot "Judge" Rand and the goofy lawyer Farber will find these folks homes next door to them. I wonder what Rand and Farber will say when these killers kill again? You two prove you don't have to be intelligent to graduate law school and pass the bar. You are both idiots and should be held accountable for these folks future actions.

outragedcitizen

December 14, 2009 - 3:31 pm EST

These two criminals should be left in jail until the day they die. They both have infractions and they are not minor ones. Faye Brown has a total of 27 infractions and Alford Jones has a total of 11 infractions. See below for list. If they can't behave like responsible adults in prison how can they do it out side of prison.

DOC Number: 0049355 Offender Name: FAYE B BROWN

Infraction Date
Infraction Type

07/21/2003 PROFANE LANGUAGE
06/29/2002 DISOBEY ORDER
05/26/2001 DISOBEY ORDER
04/17/2000 DISOBEY ORDER
07/07/1999 PROFANE LANGUAGE
07/07/1999 DISOBEY ORDER
02/17/1999 PROFANE LANGUAGE
01/12/1999 DISOBEY ORDER
08/19/1995 REFUSE SUBMIT/DRUG/BREATH TEST
08/19/1995 UNAUTHORIZED LEAVE
11/24/1990 DISOBEY ORDER
10/02/1990 PROFANE LANGUAGE
07/17/1990 PROFANE LANGUAGE
06/18/1990 DISOBEY ORDER
04/24/1990 SEXUAL ACT
04/19/1990 DISOBEY ORDER
02/07/1990 VERBAL THREAT
07/16/1989 PROFANE LANGUAGE
04/17/1989 DISOBEY ORDER
11/18/1986 DISOBEY ORDER
04/08/1986 CREATE OFFENSIVE CONDITION
01/20/1986 DISOBEY ORDER
08/15/1984 DISOBEY ORDER
06/18/1983 DISOBEY ORDER
06/17/1983 DISOBEY ORDER
03/29/1980 SEXUAL ACT
03/23/1980 NO THREAT CONTRABAND

DOC Number: 0214013 Offender Name: ALFORD JONES

Infraction Date
Infraction Type

03/15/2006 SUBSTANCE POSSESSION
08/18/2004 MISUSE/UNAUTH-USE PHONE/MAIL
11/22/1994 SUBSTANCE POSSESSION
11/22/1994 VIOLATE NC LAW
08/06/1994 UNAUTHORIZED FUNDS
09/22/1988 NO THREAT CONTRABAND
12/31/1987 SUBSTANCE POSSESSION
04/17/1983 FIGHTING
08/25/1981 ASSAULT INMATE W/SEX INT
12/02/1977 DISOBEY ORDER
01/12/1977 SUBSTANCE POSSESSION

Cemetery

December 14, 2009 - 5:43 pm EST

Thank you for posting this list of infractions, outraged. It's amazing how people think these law-breakers "deserve" to get out of prison early when they can't behave themselves in a contained environment.

DavidP

December 14, 2009 - 3:37 pm EST

If Judge Rand had ignored the law as written, and had he instead acted out of sympathy for the victims or out of hatred for these criminals, he would have been engaging in the dreaded Judicial Activism. This decision is not the "fault" of the judge, and it is not the "fault" of the lawyers that represented the prisoners, it is the "fault" of the elected members of the General Assembly who passed the law in question and of the administrative officials within the Department of Corrections (appointed by the elected Governor) who wrote the rules for applying the law written by the General Assembly. If a mistake has been made, it was a mistake that We, the People of the State of North Carolina, made through the actions of our elected representatives. We, the People, make mistakes all of the time, either by voting for people whose views and abilities we don't truly understand, or by failing to pay attention to what the elected officials are doing in Our name. Then, too often, we tend to blame these sorts of "outrageous" outcomes of our own poor decisions and inattention to our duties as citizens, not on ourselves or on the elected lawmakers, but instead on the judges who are carrying out the law We made.

outragedcitizen

December 14, 2009 - 3:44 pm EST

These criminals should not be let out due to time served. They should have time added because of infractions. did you see the types of infractions these two have? They weren't exactly model prisoners!

DavidP

December 14, 2009 - 4:19 pm EST

But, again, you are talking about what "should" happen, without any reference to what the law as written requires. Our Constitution prohibits the government from rewriting the law and applying it retroactively to events that occurred in the past, when the law was different. Our Constitution prohibits government officials from applying the rules unequally based on whether the particular bureaucrat in question likes the outcome in a particular case or not. These constitutional principles, enshrined by our Founding Fathers, are in place to protect all of us. It is painful when we find out that these fundamental principles of our constitutional system turn out to benefit people that we abhor. But that is the meaning of the rule of law: we place adherence to principles above the favored or disfavored status of the individuals to whom the principles are applied.

Panacea

December 14, 2009 - 5:42 pm EST

Also, there are in house punishments for infractions like disobeying an order. Loss of commisarry, loss of visitation, loss of phone priviledges, solitary confinement, loss of yard, loss of library, loss of job, loss of training programs.

Inmates take these privileges very seriously. Some don't care, sure. Many do.

I note that of the two you list, there are repeated infractions over periods, then long periods with no infractions (10 years in one case). Infractions can affect parole, but not length of sentence.

newshound

December 14, 2009 - 6:47 pm EST

Finally I have read a comment with the common sense approach. Panacea, why waste time with anyone with a closed mind or sense of reason that the 1974 law was written by good ol' boy networks and after it had served it's purpose for whomever, it was rescinded. But the law is the law, no matter the brutality of the crime, these prisoners are due for release under the law. It is my hope that these people do not violate me or anyone, but if they do then sentencing under the new laws should keep them in jails for a long long time. Today I am more fearful of the fools that are out there now than a prisoner who just might be remorseful and appreciate freedom. There should be mandatory programs or some group should try to educate these fools to realize that there are no perfect crimes and the effect that their violations have on the victims families as well as their own family. They should be mandated to look at programs such as 'Locked Up' and those other prison programs that only allow them 1 hour of freedom a day. If the prison systems mandated educational or vocational classes then a work program, going to prison wouldn't be so glamorous. Let them people out under the law and track them. NC tracks everything else.

thirstytarheel

December 14, 2009 - 4:31 pm EST

While we should all be outraged, we are directing our anger toward the wrong people. Yes, the judge should be thrown off the bench, and the lawyer should have to find a respectable job. The morons in the NC Legislature are the ones who are to blame. Do any of these names sound familiar? Pricey Harrison, Earl Jones, Alma Adams, John Blust, Maggie Jefferus, etc. and all of their cronies who beg for our votes every two years. These are same people who tell us how great they are and what wonderful things they doing for us as they are wined and dined by those who lobby for the special interests in Raleigh. These are the same people that we don't pay any attention to when we bother to vote. Throw the rascals out! Hold these people accountable! If there was any justice in the world these convicts would wind up living beside the judges, lawyers and state representatives. Our elected officials probably have more in common with these released convicts than the rest of us. Its going to be interesting to hear these candidates' excuses when they run for re-election next year, that is if anybody remembers what's happened this year with the release of these prisoners. But by next November we will have forgotten all about this. They are counting on the public having a short memory.

buldawg

December 14, 2009 - 5:39 pm EST

As you can tell, I am not a fan of the sorry excuse of a judge or the lawyer, but you know, you are absolutely correct. We voters all should find out which legislators vote for ridiculous pro-criminal legislation and we should all actively work to remove them from office at the polls.

Panacea

December 14, 2009 - 5:43 pm EST

The law in this case dates from the 70's. That's not the fault of the current Legislature. The law has already been amended to make life life.

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