Friends -- from Hunterbear:

It's certainly a very good feeling indeed to be able to report that Governor
Mike Easley of North Carolina  has just commuted the death sentence of
Charles Mason Alston, Jr of Warren County to life imprisonment.

Obviously, thanks to everyone who sent e-mails to the Governor -- and who
thought good thoughts.  Thanks especially to Ed Whitfield of Greensboro who
brought it to our attention.  Here's the story:



ESTES THOMPSON
Associated Press Writer

RALEIGH, N.C. (AP) -- A condemned man who steadfastly denied beating his
girlfriend to death in 1990 escaped execution Thursday as Gov. Mike Easley
commuted his death sentence to life in prison.


Charlie Mason Alston Jr., 42, was to die by injection at 2 a.m. Friday at
Central Prison.


Alston was sentenced to death in 1992 for the beating and suffocation death
of his former girlfriend, Pamela Renee Perry, who was hit in the face with a
hammer.


No one saw the killing and no blood or fingerprint evidence connected the
attack to Alston, who had been convicted about six weeks earlier of
assaulting Perry.


Alston, a brick mason, contended his innocence would be proved by DNA tests
on evidence that has disappeared. Prosecutors said the evidence, scrapings
from beneath Perry's fingernails, would confirm the guilty verdict.


At the time, DNA evidence wasn't commonly used in murder trials. Just last
year, the Legislature approved a law allowing every inmate charged with
first-degree murder to request a DNA test.


Defense attorneys asked Easley to grant clemency because the law should
apply to Alston. State courts already have rejected similar arguments.


The state said in documents filed in the U.S. Supreme Court that the
evidence was "anything but weak ... that verdict has withstood the tests of
time and close scrutiny by both state and federal courts simply because the
evidence is so strong."


Easley did not specify why he commuted the sentence.


"After long and careful consideration of all the facts and circumstances of
this case in its entirety, I conclude that the appropriate sentence for the
defendant is life in prison without parole," he said.


The Supreme Court rejected Alston's two remaining appeals Thursday
afternoon. As his execution approached, Alston met with his parents, brother
and son and talked to his lawyers, while supporters scheduled protest
rallies around the state and at the governor's mansion.


"This case involves a man sentenced to death despite the fact that not a
single shred of physical evidence tied him to the murder," said Steven
Hawkins, executive director of the Washington-based National Coalition to
Abolish the Death Penalty.











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