Local/State
Published Tue, Nov 24, 2009 02:00 AM
Modified Tue, Nov 24, 2009 04:24 AM

Lifer asks Wake judge for release

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- Staff Writer

Faye Brown, sentenced to life in prison in the 1970s, asked a Wake County judge Monday to turn her loose. Brown was the third prisoner to seek freedom under a recent Supreme Court ruling.

Their requests will force some sort of answer in what is expected to be a drawn-out legal battle over how to calculate the sentences for those sent away for life in the mid-1970s. It also puts their fates back in the hands of judges, who are compelled to push aside politics for the sake of the law.

Brown, 56, has been in prison for 33 years for her part in a bank robbery and murder of a state highway patrolman.

Her request, along with the others, was filed under a strategy that compels an immediate answer from a judge in order to prevent the state from unlawfully detaining her.

The question of how long inmates should be incarcerated for crimes committed between 1974 and 1978 sparked a political firestorm last month, when the state Supreme Court affirmed a Court of Appeals ruling that legislators limited life sentences imposed in those years to 80 years.

Ever since, the governor, legislators and lawyers for the inmates have debated how much credit for good behavior prisoners are entitled to collect under a 1981 law that changed the definition of life in prison. The inmates say the credits could cut their 80-year sentences in half; Gov. Bev Perdue says they aren't entitled to those credits.

The local judges will be required to settle the debate in cases like Brown's.

To do it, the judges, who run in nonpartisan elections, will also be required to push aside the political rhetoric surrounding the possible release of inmates.

"Most people do not want these inmates serving life sentences to be released. That's the mood, but the law is the law," said Parks Helms, a Charlotte lawyer and former legislator who serves on the N.C. Bar Association's Judicial Independence Committee. "The burden on a sitting judge is to be very careful to not let the political implications of the decision influence how he reads the law."

The requests are scheduled to be heard over the coming weeks. If the inmates prevail, a judge could order their immediate release. Most likely, though, each will ignite another round of appeals to higher courts.

The fate of at least 27 inmates and as many as 50 could be riding on the courts' decisions.

At the moment, their status is in limbo.

Perdue and her administration have tried to block the release of the inmates, saying most recently that leaders at the Department of Correction never meant to award credits to lifers such as they.

The inmate who initiated the case that could lead to freedom for dozens has yet to have his final day in court. Bobby Bowden, a Fayetteville man convicted of killing a young mother and a convenience store clerk, is awaiting a hearing in Cumberland County, where a judge will decide what, if any credits, he is due.

Meanwhile, three other inmates have jumped ahead of him, securing hearings before Superior Court judges. Besides Faye Brown, the only female in the group of 1970s lifers, others include William Folston of Cleveland County and Alford Jones of Wayne County.

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