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North Carolina Man Freed after nearly 30 years in Prison as Murder Conviction Vacated

North Carolina Man Freed after nearly 30 years in Prison as Murder Conviction Vacated

Greensboro, NC — A North Carolina man who spent nearly three decades behind bars walked free on Wednesday after a judge vacated his first-degree murder conviction as part of a plea deal.

Benjamin Cole, 47, had been serving time for the 1998 murder of Calvin Jenkins, who was fatally shot during a robbery at his Greensboro apartment. Cole has always maintained his innocence, insisting he was in Ohio at the time of the crime.

After leaving a Guilford County courtroom, Cole was reunited with his family for the first time as a free man in nearly 26 years. His sister, Britney Butler, said her brother’s release is a testament to their mother’s unwavering faith.

Cole’s release followed a years-long legal effort led by the Duke University School of Law Wrongful Convictions Clinic, which uncovered evidence supporting his alibi. According to Jamie Lau, a clinical professor and supervising attorney, the original defense team did not have access to the Greensboro Police Department’s investigative file. When finally obtained, the file contained information verifying Cole’s claim that he was in Ohio at the time of Jenkins’ death.

“This case was prosecuted by a prosecutor who, just months after this case occurred, resigned from his position and was suspended from practicing law for a pattern of violations similar to those seen in Mr. Cole’s case,” Lau said.

A key witness, initially identifying Cole from over 1,000 potential suspects, later recanted her claim after hearing Cole speak with his Jamaican accent. She told the court the suspect she saw at the scene did not speak with an accent.

In May, two other witnesses testified that the assailants in Jenkins’ killing did not have Jamaican accents, further casting doubt on Cole’s involvement.

Despite the new evidence, Cole accepted an Alford plea — a legal option allowing him to plead guilty to a lesser charge of second-degree murder while maintaining his innocence. As a result, the conviction remains on his record, but Cole is now free.

The Duke Law Clinic is continuing to pursue a full pardon of innocence from Governor Josh Stein, though Lau acknowledged that process could take time.

For now, Cole is adjusting to life outside of prison and reconnecting with his family. His sister, who was just nine years old when he was incarcerated, has since earned a law degree and been one of his fiercest advocates.

“We, of course, believe he should have been fully exonerated, but today is a day to celebrate Cole’s freedom and rejoice in the fact that he is back home where he belongs,” Lau added.

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