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M U started this petition to Court of Appeals of North Carolina and

Michael Wayne Goldston was wrongly convicted of first degree murder in 2007. He’s currently doing his 12th year in prison. This is concerning, not only having his freedom taken away, having to deal with the very thought of missing his children’s childhood, statistically proven to be the most important part of fathering. In addition, Missing countless “FAMILY” events, holidays, and funerals that he will never be able to take part in. For twelve years his children has been fatherless, and our family has been incomplete. The trials as well as tribulations that Michael Wayne Goldston endured as an innocent inmate is devastating. We struggle understanding the concept of innocent imprisonment not only as a family, individuals, and citizens. Living life with zero restrictions, knowing that we have a family member without the fortune of living the “American Dream” we strive for is very difficult to gasp.

About The Case

Nathan Alston, was shot to death in front of his mother’s apartment in a Durham housing project on February 2, 2004. “Nathan Alston lived long enough to name Roy Bodden as one of his assailants and to tell officers he did not know the name of the other person who was with the shooter”. Durham Police Department officer Danny Keith, went to Duke Hospital and spoke to Alston before he was taken to surgery.  Keith asked Alston who shot him, “and he stated Roy.” Keith then asked if Roy’s last name were Bodden, and Alston said “yeah, Bodden”. Alston also confirmed that the shooting took place in front of his mother’s apartment (Tp. 314). Alston told several people that Bodden was his shooter. Alston died during the surgery. Months later Durham police officials arrested Michael Wayne Goldston. Charging him with murder of shooting death of 24-year-old Nathan Alston on South Roxboro Street. Bodden was convicted of second-degree murder, Goldston of first-degree murder. Michael Wayne Goldston committed to maintaining his innocence from the day he was sentenced. There is absolutely zero complete evidence that exist to put the murder charges on Michael Dwayne Goldston. The evidence used in court does not supports the murder case. Only promotes Mr. Goldston history as an individual. During the trial, prosecution lawyer struggled providing evidence making Mr. Goldston the alleged shooter. TWISTED TRUTH Cline's arguments: One death, but two stories. The prosecution persuaded the jury by Michael Wayne Past he was the murderer. Michael Wayne Goldston is Currently in his 12th year of imprisonment of a life sentence without parole. Please Note in the year 2012, five years after Michael Wayne Goldston case; The prosecution lawyer was denied the practice of law, and violated professional conduct rules related. The prosecution lawyer is in fact known for putting away the innocence in years of prosecution. Please research the facts of the case. Michael Wayne Goldston is innocent, and spending life in prison for a crime he didn’t commit. We are asking for signatures to bring global attention to officials in reference of Michael Wayne Goldston to help bring him home.”

Evidence & Facts

1) Key witness Lathan Smith testified on January 12th 2016 “My testimony about Mr. Goldston’s involvement in the shooting of Nathan Alston was false. At the time Mr. Goldston’s case was pending, I had pending felony charges. I testified against as I did because prosecutor Tracey Cline told me that if I did not testify that Mr. Goldston was involved in the Alston Shooting that she would indict me as an habitual felon and that I would “never see the light of day again.”All of my pending charges were later dismissed.”Lathan also recall that one day he was taken from jail to Ms. Cline’s office. She showed me an aerial photo of the area where the Alston shooting occurred. She told me what she thought had happened.She used the photo to tell me where she thought things had happened and told me what to say when I testified. At the trial, I repeated what Ms. Cline told me to say.

2) Key witness Pamela Page testified on December 9th 2015, “A number of things I testified were not true. Specifically, I never heard Mr. Goldston threaten Nathan Alston. When I saw Mike and Nat talking they were having a civil conversation and I never heard Mike threaten Nat in any way.Roy Bodden was the person I heard threatening Nat. Roy said he was going to kill Nat. I did not see Mike with a gun that day. Mike did not approach me the day after the shooting and ask why I told people he shot Nat. Roy was the only person who shot Nat.

3) "During their initial investigation, officers focused on the area in front of the building in which Alston’s mother lived.  They were not able to establish a crime scene; they did not find any projectiles or bullet casings that could be tied to the shooting. Neighbors said they heard shots, but no one saw anything.They were unable to find blood on the streets or sidewalks elsewhere. Two days after the shooting, officers returned to the housing project to search again. They searched in an area on the side of the project distant from Alston’s mother’s apartment.  They discovered a projectile near a mailbox (Tpp. 455, 456).  According to SBI lab tests, the projectile was from a 9mm firearm (Tp. 501).  The projectiles removed from Alston were from either a .357 or .38 caliber handgun (Tp. 494).  No testing was done on the 9mm to determine if it had human blood or genetic material on it (Tp. 506). No one in the area of the mailboxes testified about hearing gunshots on the night of the Alston shooting.  Numerous shell casings were found in the area by an investigator for the defense who visited the project months after the shooting."

Past Appeals and Denials

Filed December 16, 2008 (Denied)

Michael Wayne Goldston Prison Conditions

Recent phone call from Michael Wayne Goldston he started by stating "he wouldn't wish for worst enemy to have to endure the living complications at Maury Correctional Facility." Officials at the Correctional Facility post false information/pictures about prison living conditions on website. Officials of the facility blames the numerous issues on prison being under staff. Michael noted that Maury does not offer anything to occupy inmates. His living conditions are overpopulated, and only receive recreational time once a week. He also discussed him being on constant lockdown. Michael Wayne Goldston described the prison as a cruel environment. 

Maury Correctional Facility Offers NO:

  • Assistance for mental health Michael suffers from depression.
  • School/Class programs to enhance learning.
  • Job opportunities. 








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