Local/State
Published Sun, Oct 25, 2009 02:00 AM
Modified Sat, Oct 24, 2009 10:24 PM

7 more lifers make list

 
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- Staff Writer
Tags: news

RALEIGH -- The state Department of Correction added seven names Saturday to a list of 20 murderers, robbers and rapists who were sentenced to life in prison but could be set free under a recent court ruling.

The state Supreme Court ruled this month that state law between 1974 and 1978, when the 27 inmates were sentenced, defined a life sentence as 80 years in prison, and a Department of Correction policy effectively cut those sentences in half. Lawyers for some of the inmates argued successfully that credits for good behavior in prison mean the inmates can be released now.

There were 20 inmates on the correction department's original list. The seven new inmates include one from the Triangle. Allen R. Roberts, now 58, convicted of first-degree rape in Durham in 1977.

Also on the new list is Joseph Seaborn, 55, convicted of murder in the 1975 death of state Trooper Guy Davis in Martin County. Another defendant in the Davis murder case, Faye B. Brown, was among the 20 inmates identified originally to be released.

The 27 inmates were scheduled for release Thursday, but state officials put that on hold after Gov. Beverly Perdue said prison officials overstepped their authority when they awarded the good-behavior credits.

Perdue will continue her efforts to block the release, a spokeswoman said Saturday.

"I don't think the governor's views have changed much," said Chrissy Pearson, Perdue's press secretary. "This just adds to the list."

Correction officials may identify more inmates eligible for release as they cull the records of about 120 inmates sentenced between 1974 and 1978, said Keith Acree, a spokesman for the correction department.

"We're still reviewing records, and I don't know if we'll find more or not," Acree said. He said the state was working to notify victims about the pending release.

Of the first 20 inmates eligible for release under the court ruling, just three had been deemed fit for release by the state's parole commission. Of the new group, at least two -- Tommy Yancey and Victor Foust -- were recently granted parole and would likely be released anyway in the next year, Acree said.

The parole board considers each inmate's behavior record and whether he has completed any programs or volunteered for work release. It hears from the victim's family and checks to see whether the inmate has a support system outside prison.

Davis, the state trooper, was killed in 1975 during a traffic stop. He had no idea the three people he was pulling over had just robbed a bank, said Capt. Everett Clendenin, a spokesman for the N.C. Highway Patrol.

"The Highway Patrol is very disappointed," Clendenin said Saturday. "We're saddened, actually, and we hope ultimately that they can reverse this decision."

Staff writer Ray Martin contributed to this story.

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