North Carolina Violent Inmates Release No Surprise

Governor Perdue's Public Statement on State Supreme Courts Decision called Hollow

October 20, 2009

NC NEWS -- The impending release of seven former death row inmates should come as no surprise. A total of twenty North Carolina Department of Corrections (NC DOC) inmates sentenced to life in prison will be released on October 29, 2009. As anticipated by Thomas J Keith, District Attorney for the 21st Prosecutorial District the state Supreme Court issued a brief upholding the Court of Appeals ruling that NCDOC inmate, Bobby Bowden, had already served his life sentence. Moreover, each of the first 20 inmates to be released has been denied parole multiple times, and the court's decision further prevents any additional review or recommendation by the Parole Commission, nor can these offenders be subject to any kind of monitoring or post-release supervision.

Therefore, not only does this Court of Appeals ruling open the prison door for these first twenty violent criminals, it is expected to release dozens more in the future. Additionally, the ruling can effectively pave the way for the future release of other inmates who may overturn death sentences with the use of technicalities inherently accessible through the North Carolina Racial Justice Act. Technicalities that were forewarned by Tom Keith before the enactment of the law, so it should not appall Governor Bev Perdue at the expected state Supreme Court ruling. Especially, when she was aware of this impending outcome when she signed the NC Racial Justice Act into law on August 11, 2009. However, Governor Perdue is quoted as saying:

"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. I don't believe the General Assembly's intent in 1974 was to let these violent offenders out of prison early. Releasing these potentially dangerous criminals is not in the best interest of the state or our citizens."

In response to the Governor's public statement, NC House Republican Leader Paul Stam of Wake County said:

"Governor Perdue's public statements that she is appalled by the Court's action ring hollow based on her recent actions. She should be appalled by her own signature on the N.C. Racial Justice Act, SB 461, putting a moratorium on the death penalty for cold bloodied murderers. Her support of this legislation is clearly inconsistent with claims that she now wants to crack down on violent crime."

As a matter of fact, all of the General Assembly was warned by House Republican Leader Stam of Tom Keith's scenario that if the NC Racial Justice Act converts all death sentences to life sentences, Death Row inmates sentenced before October 1, 1994, could argue they are eligible for parole. District Attorney Keith wrote:

"Structured Sentencing began October 1, 1994. Prior to that, murders committed were punished by Fair Sentencing. The Parole Board has always treated a life sentence under Fair Sentencing as being eligible for parole after 20 years. That means up to 77 murderers on death row could be paroled in 20 years. If they have gain time, it might even be 1 year or less. (Caveat: it is unknown how many multiple murders there are on the attached list or how the Parole Board will treat subsequent death sentences).

"More disturbing than that are approximately 10 people on death row who committed their murders before October 1, 1994, and who have already spent their 20 years in prison for their Fair Sentencing murders. Some of these men (women) could be turned out of prison the first time a judge finds that race becomes a "statistical factor" in seeking the death penalty according to the Racial Justice Act."

Although these 20 inmates are being released with time served, the Keith parole scenario and this NCDOC inmates' releases are both applying "Fair Sentencing" to define a life sentence. So, is this violent inmate release the beginning of the prosecutor's hypotheses? Will the NC Racial Justice Act inevitably add 77 murderers on Death Row to these future inmate releases? I guess only time will tell. However, it is clear that NC Democratic legislators and Governor Perdue in a collaborative effort to make history have enacted a law without consideration to all possible outcomes. Rash narrowminded decisions rarely create good policy especially when possible outcomes jeopardized the safety of North Carolinians. As in the past legislative blunder of "Fair Sentencing," we the people can now look forward to the further release of blood thirsty death row inmates due to the enactment of the NC Racial Justice Act. An unnecessary piece of legislation for the simple fact, Federal and State law already prohibits racial discrimination in imposing a death sentence for first degree murder or any crime.

Furthermore, the Racial Justice Act, requires costly and lengthy reviews of already convicted first degree murderers who have been sentenced to death for first degree murder. This legislation effectively imposes a 3-4 year defacto moratorium on executions. It was strongly opposed by the NC Sheriff's Association and the Conference of District Attorneys. Republicans in the General Assembly unanimously opposed the Racial Justice Act during its consideration in this year's session.

On July 15, 2009, sixty-one NC House Democrats voted "aye" for the NC Racial Justice Act. They were joined by 25 Senate Democrats on August 6, 2009. The law allows the use of statistics in a particular county or district to prove that since some other person was possibly discriminated against, the accused murderer may not be subject to the death sentence for first degree murder in spite of the lack of real evidence of actual discrimination. Moreover, since there is not a single county or district within the state with enough cases for a valid statistical study. The evidence presented will be complete nonsense based on population proportion rather than actual offender proportion.

Finally, the NCDOC is attempting to notify all known victims of crimes committed by these twenty violent inmates slated for release, and they are working with district attorneys and victims advocates to locate victims for whom it does not have current contact information. Victims who have not been contacted are asked to call the NCDOC Office of Victim Services toll free at 1-866-719-0108.