Attorneys for North Carolina are arguing that the state is not required to give credits for good behavior to inmates who were sentenced to life terms between 1974 and 1978, says the Raleigh News & Observer. They said yesterday in court that Wilbur “Milkshake” Folston, now 53, is not eligible for release until he is 99 years old.
Folston recounted decades of work he performed, degrees he earned and treatment programs he completed. Flipping through a stack of diplomas, he bragged about his GED, the computer classes he took and the cooking school he attended. Folston’s attorneys contend that under a prison credit system, he should be released in 2011. Responded Tiare Smiley, an attorney for the state: “The court cannot direct the secretary [of Correction] to award these credits. That’s separation of powers.”