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  1. #1
    Join Date
    Oct 2006
    Location
    Spruce Pines N.C.
    Posts
    2

    Question Post-Conviction Relief, Sentence Reduction and DNA Testing

    My friend is serving two life terms and 18 years for 1st degree rape, 1st degree sexual offense and armed robbery. These sentences are run consecutively. He was convicted in 1985. He has been incarcerated 21 years. There were five individuals in all involved. One turned states evidence and recieved no convictions, another was charged with 2 degree sexual offense, 2 degree kidnapping and armed robbery. He was out of prison by 2003. He only served 18 years two of his sentences were vacated (2 degree sex./kidnapping) Yet another of the convicted individuals was released in 1992 after only serving 7 years. He was convicted of first degree attempted sex offense (6yrs) Attempted 1st degree rape (6yrs) and Robbery with a dangerous weapon (14yrs). The other individual recieved the same life, life, and 20yrs(both consecutive). My friend did not rape the victim but was present and refused a plea bargain. No D.N.A. has ever been performed. A pair of panties were present in evidence with sperm in them. At the time the record reflects no blood donor type could be identified from the sperm. He was picked out of a photo line up and two of the pictures were of the same individual. He had ineffective counsel (actually went to sleep during the trial) and the jury was all white except one alternate. All the individuals tried were black the victim was white. The attorney was court appointed and worked alone. Appeal was denied. All motions on the state level are denied. How can we get some relief and a reduced sentence. One life sentence has been satisfied. Still has another plus 18 years. (parole eligibility 2036) The guy that initiated the crime is free after only 7 years. Cocaine use was involved (free basing) by the accussed and convicted. My friend at no time penetrated or sexually assaulted the victim. He was the last of the five to enter the car and said she was a mess so he told her to get dressed and released her in the wooded area. Please advise us as to how to get some help and attention to this matter. Thank You your guidance and assisstance is appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Post-conviction relief, sentence reduction and DNA testing

    What are his remaining conviction charges, and what's his theory as to why he's not guilty of those charges?

  3. #3
    Join Date
    Oct 2006
    Location
    Spruce Pines N.C.
    Posts
    2

    Default Re: Post-conviction relief, sentence reduction and DNA testing

    thank you for your response. He did not molest this girl in any way. He was at the scene of the crime but did not partake in the act. I know thats aideing and abbetting. Can he not get some type of relief. He has already served 21 years. He has no previous record. He was convicted as a youthful offender (age19). His convictions were related to a drug induced state of mind, cocaine. He and four others took a young womans car to use in a armed robbery. In turn she was kidnapped and subsequently raped. His convictions are 1st degree rape (life) 1st degree sex. offense (life) and armed robbery (18years) all run cosecutively. He had ineffective counsel. Three of the others have already been released. Please help us come up with some ideas/remedies for relief. The stste is N.C. Her panties were in evidence crime was in 1984. sperm in them. Will D.N.A. testing help us??? The D.A. has never notified him of any disposal of the evidence. Thanks again!!!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,059

    Default Re: Post-conviction relief, sentence reduction and DNA testing

    Do I understand, then, that you're not sure what his conviction charges are? And that he objects to his being convicted and sentenced on the ground that he was "only" an accessory to the sexual assault?

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