Wrongfully convicted man denied pardon


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Wrongfully convicted man denied pardon

Governor withholds pardon for man he convicted

RALEIGH, North Carolina (AP) -- Gov. Mike Easley has refused to pardon a man he sent to prison when he was a prosecutor even though the man was freed after the victims recanted their testimony.

Easley denied the petition of Sylvester Smith, 54, who was convicted in 1984 for first degree rape and two counts of first degree sexual offense, the governor's office said Wednesday.

At the same time, however, the governor pardoned Leo Waters, 56, of New Bern, who served 21 years in prison for a 1981 rape and was freed based on new DNA evidence.

A pardon in North Carolina allows a wrongfully convicted person to seek $20,000 a year from the state for each year the person was imprisoned, up to $500,000.

Smith said Easley had a conflict of interest because he prosecuted the case when he was district attorney in Brunswick County. "I don't think he's man enough to say he made a mistake," Smith said.

http://www.cnn.com/2005/LAW/08/18/refused.pardon.ap/index.html
 
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