Why two NC convicted killers prosecuted by an ousted DA will get out early

The sentences for two men convicted of murder were reduced Friday after their attorneys successfully raised questions about a key witness and other concerns about the case prosecuted by ousted Durham County District Attorney Tracey Cline.

About 14 years ago, Roy Bodden, 36, and Michael Wayne Goldston, 39, were convicted by juries of murdering Nathan Alston, who died in 2004.

On Friday, Superior Court Judge Orlando Hudson reduced their sentences, allowing Goldston, who was serving a life-in-prison sentence, to be released as early as that day. Bodden’s maximum sentence was reduced from 19 years to nearly 16 years.

A prosecutor didn’t object to the reduction due to concerns about a witness who changed his story multiple times, the inequities of the sentences and Cline’s inconsistent arguments to jurors in the two trials, among other issues, according to court documents.

Afterward, Bodden’s family and Goldston’s former attorney expressed relief at what they described as a miscarriage of justice.

“This is as close to justice today as we can get,” said Robert Sharpe, who represented Goldston at his the original trial in 2007.

The day the jury convicted Goldston of first-degree murder was the worst day of Sharpe’s career, he said.

“Because I felt like I wasn’t looking at justice,” he said.

Bodden was set to be released sooner than Goldston because he had served more time in jail before the trial. That time was credited to his prison sentence. So far, Bodden has served at least 14 years 8 months in prison, according to N.C. Department of Corrections records.

The crime

On Feb. 2, 2004, Bodden and Goldston confronted Alston about a drug debt, Assistant District Attorney Kendra Montgomery-Blinn said in court Friday, recounting the case.

The next day Alston was at a gas station near Cornwallis Road and Roxboro Street. A witness saw Bodden confront Alston about the debt. Later, Bodden and Goldston returned to the gas station and confronted Alston together.

“There was an argument,” she said.

A gas station clerk testified that the men all walked off together when the store was closing. Another witness testified she saw Bodden threaten Alston and then she walked a little way with him. After she separated from Alston, she heard the gunshots that killed him.

Alston told police “Roy had shot him” and then “a man with Roy had shot him,” Montgomery-Blinn said.

Three bullets were taken from Alston’s five wounds, all believed to have come from the same gun, she said.

In Bodden’s case, Cline, then an assistant district attorney, successfully argued that Alston’s saying “Roy had shot him” was a “dying declaration” about his killer and should be shared with the jury, The News & Observer reported.

Cline was ousted from office in 2012 after a judge found she made statements about Hudson with malice and a disregard for the truth. She was later barred from practicing law through 2018.

Bodden was convicted in December 2006 of second-degree murder and sentenced to up 19 years and 8 months in prison. His projected release date before Friday’s hearing was May 2025.

In Goldston’s case, Cline took a different stance on Alston’s statement to police.

She argued Alston thought he was going to live and implicated Bodden because he feared retaliation from Goldston.

“I’m probably going to survive,” she said of Alston’s thoughts. “I’m not going to say he’s the one who shot me.”

A jury convicted Goldston in August 2007 of first-degree murder, which has an automatic sentence of life in prison.

The Court of Appeals upheld the convictions, noting that prosecutors have wide latitude in the scope of their closing arguments.

Friday’s hearing

The two men’s sentences were adjusted Friday through a motion for appropriate relief.

Such motions are typically made to correct errors in the judicial process such as proof that a key witness lied or that a defendant had ineffective counsel.

The law appears to allow a judge to grant such motions if the prosecutor and defendant agree, according to a UNC School of Government blog on the motion.

During the hearing, Goldston’s first-degree murder conviction was vacated. He pleaded guilty to second-degree murder and was re-sentenced to 12 1/2 years to 16 years. Bodden’s sentence was adjusted to that as well.

While many of the arguments in the motion had already been rejected by the state Court of Appeals, some new information does put previous arguments in a different light, according to the prosecutor’s response to the motion.

A key witness in the trials was Lathan Smith, who came forward with information about the crime a year later after he was in jail on felony charges.

Smith’s initial statement to police, and then his testimony in each of the trials differed, court documents state. Smith and prosecutors denied having a deal, but his charges were dismissed after Bodden’s conviction, the documents state.

In January 2016, Smith signed an affidavit that said he lied.

In the statement, Smith said Cline told him that if he didn’t testify she would indict him as a habitual felon and he would “ ‘never see the light of day again.’ ”

“She showed me an aerial photo of the area where the Alston shooting occurred,” the affidavit said. “She used the photo to tell me where she thought things had happened and told me what to say when I testified.”

At the state’s request Friday, the men’s defense attorneys withdrew claims that a deal was made and that Cline forced Smith to testify.

In the state’s response to the motion for appropriate relief, Montgomery-Blinn wrote there was no deal with Smith and that he lied about giving false testimony.

Smith’s fluctuating statements raise questions about his honesty, the document states.

“There is a fundamental fairness argument that the jury presumably found Lathan Smith’s loyalties to his friend and sense of honest justice enhanced his credibility in a way that has now been cast in doubt,” the document states.

Tracey Cline

Cline’s legal challenges go back to 2011 when she thought defense lawyers and Hudson had conspired with a reporter from The News & Observer to discredit her, The News & Observer reported.

In September 2011, The N&O published “Twisted Truth,” focusing on complaints against Cline in a handful of cases, including Alston’s killing.

The series reported defense attorneys’ concerns about State Bureau of Investigation work and contended Cline withheld evidence that could have helped the defendants.

‘I can’t do nothing in court’

Alston’s twin brother, Nicholas Alston, said at the hearing Friday that Bodden and Goldston knew better, but he forgives them. He said he buried his brother, and then his mother 65 days later, due to the men’s actions.

“God is going to make his decision on what he is going to do,” Nicholas Alston said. “I can’t do nothing in court. The court system isn’t doing anything, it doesn’t seem like, so I am just going to have to run with it.”

Lost time

In court, Bodden’s mother held a garment bag with linen pants and a white shirt. She had hoped he would be released Friday.

“I spent 15 years waiting for this day,” Gail Harris-Bodden said. “He lost 15 years of his life.”

When Bodden went away, he had a 6-month old daughter who is now 15, his mother said. While in prison, his father, grandmother, grandfather and other relatives died.

When Bodden does eventually come home, his mother plans to make his favorite foods: baked chicken, mac and cheese, candied yams, vegetables and rolls.

“We are looking forward to that,” Harris-Bodden said.

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