State officials said yesterday that a group of violent inmates who were nearly set free because of a quirky 1970s law that limited a life sentence to 80 years are not eligible for good-behavior credits that would shorten their sentences.
Gov. Bev Perdue said that the credits will only be used to improve an inmate's chance at parole. If the prisoners were never paroled, the earliest release would be 2054.
"I will continue to pursue all legal means of preventing the release of these inmates without any review by the parole board or any post-release supervision," Perdue said in a statement.
Bobby Bowden had successfully argued in state courts that his life sentence was defined as 80 years -- something Perdue conceded in her statement yesterday. He had also argued that a new sentencing law that began in the early 1980s had cut his time in half and that additional credits -- 210 days of good-conduct credit, 753 days of meritorious credit and 1,537 days of gain-time credit -- made him eligible for unconditional release.
Staples Hughes, the state appellate defender whose office represented Bowden, said it was regrettable that the state was spending so much time and money pursuing an argument that has no legal basis.
"They, in essence, are continuing to attempt to defy the rule of law," Hughes said. "It has long since ceased to be a legal issue. It is simply a political issue and a mechanism for the governor to use to attempt to raise her popularity."
Some of the inmates, most convicted of rape or murder, were set to be released last month. Perdue blocked the release by arguing that officials had improperly applied some of the credits.
The potential releases appalled victims and their advocates, partially because most of the inmates would be freed without any post-release supervision. Only one would have had official supervision, although those convicted of rape would have to register as sex offenders.
A handful of those inmates have been working toward time outside of prison, using volunteer or work-release programs to spend time in society. They can eventually be approved for supervised release by the parole board.
At least three of the inmates were convicted in Forsyth County. Assistant District Attorney David Hall said that no additional charges will be filed against John Montgomery, John Alford and Manley Porter, who were convicted of rape more than 30 years ago.
The Forsyth County Sheriff's Office had been working on finding a way to go after one of the men, Montgomery. Forsyth County prosecutors had been working also to notify victims.
Hall wouldn't comment on why additional charges will not be filed.
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