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State officials find loophole to keep prisoners in jail

State officials find loophole to keep prisoners in jail

by MICHELLE BOUDIN and BETH SHAYNE/NewsChannel 36

Bio | Email | Follow: @MichelleBoudin

WCNC.com

Posted on November 19, 2009 at 11:08 PM

Updated Friday, Nov 20 at 7:47 AM

RALEIGH, N.C.-- They are the worst of the worst--convicted murderers and rapists who were sentenced to life in prison. For weeks, North Carolinians have followed the high-drama story of their possible release, for good behavior. Thursday, the governor said that will not happen.
 
“I feel good. I think we’ll keep the prisoners in jail,” she told reporters while in Charlotte for a Microsoft training initiative.
North Carolina Department of Corrections officials said Thursday that the group of violent inmates at issue are not eligible to receive good behavior credits that would shorten their sentences. A court had ruled that a quirky 1970s law made their life sentences 80 years, and with those credits, 27 could have been released from prison this fall.
 
The governor said Thursday the new policy makes sure the earliest release for those prisoners would happen in 2054.
 
It is a relief, but not closure for victims like Martha Ollis. When we first caught up with her a few weeks ago, she was stunned to find out Kenneth Mathis, the man who'd been convicted of raping her and sentenced to life, was set to be freed for good behavior. The detective who worked her case was especially shocked, because he says Mathis has hardly been on good behavior, instead he lists eleven infractions, including three rapes.
 
Ollis said, "The idea that this person is going to possibly be back out on the street frightens me--scares me."
 
Thursday, she was cautiously optimistic. "I hope--I’m sorry that’s all I can say is I hope. I’m afraid that they will still come up with something down the line to be letting them out. I’m just fearful of that. I hope that that’s not going to be the case," Ollis told Newschannel 36 by phone.
 
The conversation in Raleigh today quickly turned to the political. Staples Hughes, the state appellate defender whose office represented Bowden, called the announcement political grandstanding. "It's simply exploiting fear, pain, tragedy that grew out of these crimes, and it's despicable," Hughes told Raleigh TV station WNCN. He expressed confidence that the policy would not stand up in court.
 
Republican critics accused the governor of taking credit for fixing a situation her administration caused.
 
"This entire controversy was caused by the Governor's own department misunderstanding an appellate court decision, miscalculating sentence credits, and misinforming victims and the public. Now, she claims credit for protecting us from her own error. This is really appalling and inexplicable," Rep. Paul "Skip" Stam, (R)-Apex, said.
 
"I don’t have a problem with the outcome. What I do have a problem with is the fact that it took weeks to get it done and now it appears as though something new and different happened, versus people finally getting around to doing their jobs, 6 weeks later," Rep. Thom Tillis, (R)-Cornelius, told us. "No laws have had to pass, no court decisions have had to change. They simply needed to do their jobs."
 
Today's announcement will likely be challenged in court. The governor said she believes the law was misinterpreted by the court, and she is not backing down.
 
“It could be your house. It could be your child. You have to stand strong. It’s the wrong thing for North Carolina to let these people out.”

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