Convicted 35 years ago of rape, exonerated by DNA

[Encryptus]

http://news.yahoo.com/s/ap/20091217/ap_on_re_us/us_old_rape_dna/print


Fla. man exonerated after 35 years behind bars
By MITCH STACY, Associated Press Writer Mitch Stacy, Associated Press Writer


BARTOW, Fla. – James Bain used a cell phone for the first time Thursday, calling his elderly mother to tell her he had been freed after 35 years behind bars for a crime he did not commit.

Mobile devices didn't exist in 1974, the year he was sentenced to life in prison for kidnapping a 9-year-old boy and raping him in a nearby field.

Neither did the sophisticated DNA testing that officials more recently used to determine he could not have been the rapist.

"Nothing can replace the years Jamie has lost," said Seth Miller, a lawyer for the Florida Innocence Project, which helped Bain win freedom. "Today is a day of renewal."

Bain spent more time in prison than any of the 246 inmates previously exonerated by DNA evidence nationwide, according to the project. The longest-serving before him was James Lee Woodard of Dallas, who was released last year after spending more than 27 years in prison for a murder he did not commit.

As Bain walked out of the Polk County courthouse Thursday, wearing a black T-shirt that said "not guilty," he spoke of his deep faith and said he does not harbor any anger.

"No, I'm not angry," he said. "Because I've got God."
The 54-year-old said he looks forward to eating fried turkey and drinking Dr Pepper. He said he also hopes to go back to school.

Friends and family surrounded him as he left the courthouse after Judge James Yancey ordered him freed. His 77-year-old mother, who is in poor health, preferred to wait for him at home. With a broad smile, he said he looks forward to spending time with her and the rest of his family.

"That's the most important thing in my life right now, besides God," he said.

Earlier, the courtroom erupted in applause after Yancey ruled.

"Mr. Bain, I'm now signing the order," Yancey said. "You're a free man. Congratulations."

Thursday's hearing was delayed 40 minutes because prosecutors were on the phone with the Florida Department of Law Enforcement. DNA tests were expedited at the department's lab and ultimately proved Bain innocent. Prosecutors filed a motion to vacate the conviction and the sentence.

"He's just not connected to this particular incident," State Attorney Jerry Hill told the judge.

Attorneys from the Innocence Project of Florida got involved in Bain's case earlier this year after he had filed several previous petitions asking for DNA testing, all of which were thrown out.

A judge finally ordered the tests and the results from a respected private lab in Cincinnati came in last week, setting the wheels in motion for Thursday's hearing. The Innocence Project had called for Bain's release by Christmas.

He was convicted largely on the strength of the victim's eyewitness identification, though testing available at the time did not definitively link him to the crime. The boy said his attacker had bushy sideburns and a mustache. The boy's uncle, a former assistant principal at a high school, said it sounded like Bain, a former student.

The boy picked Bain out of a photo lineup, although there are lingering questions about whether detectives steered him.

The jury rejected Bain's story that he was home watching TV with his twin sister when the crime was committed, an alibi she repeated at a news conference last week. He was 19 when he was sentenced.

Ed Threadgill, who prosecuted the case originally, said he didn't recall all the specifics, but the conviction seemed right at the time.

"I wish we had had that evidence back when we were prosecuting cases. I'm ecstatic the man has been released," said Threadgill, now a 77-year-old retired appeals court judge. "The whole system is set up to keep that from happening. It failed."

Eric Ferrero, spokesman for the Innocence Project, said a DNA profile can be extracted from decades-old evidence if it has been preserved properly. That means sealed in a bag and stored in a climate-controlled place, which is how most evidence is handled as a matter of routine.

The project has a bigger problem with lost or destroyed evidence than getting usable DNA profiles from existing evidence, he said.

Florida last year passed a law that automatically grants former inmates found innocent $50,000 for each year they spent in prison. No legislative approval is needed. That means Bain is entitled to $1.75 million.

[dizzyde]

This stuff makes me soooo sad, and is main reason that I am 100% opposed to the death penalty. This guy will never be able to get back all he has lost.

[rgcraig]

Very sad, but what a Christmas present.

I saw his picture and he looks so happy!

[Encryptus]

And what a testimony.

[pelathais]

It is a horrible injustice. However, with that kind of a payout - I doubt this gentleman would have been able to retire at age 54 with $1.75 million in savings. Now, he can.

I think the biggest story is that he harbors no grudge. That speaks volumes for the man's character.

[Cindy]

It is sad, but I hope he can live a contented life.

[tstew]

a. I'm sorry, but that is not enough money to me.
b. It better not be taxed.
c. If it is thrue and there was some impropriety on the part of the investigators, they should be charged for this.
d. I pray that he has a rich and meaningful life.

[notofworks]

a. I'm sorry, but that is not enough money to me.
b. It better not be taxed.
c. If it is thrue and there was some impropriety on the part of the investigators, they should be charged for this.
d. I pray that he has a rich and meaningful life.


I loudly applaud all four points.

[MissBrattified]

a. I'm sorry, but that is not enough money to me.
b. It better not be taxed.
c. If it is thrue and there was some impropriety on the part of the investigators, they should be charged for this.
d. I pray that he has a rich and meaningful life.

Totally agree. He deserves to be reimbursed for WAY more than just lost wages. $50,000.00/year is a measly amount.

[Encryptus]

Accused and convicted at age 19.

Released at age 54.

By the grace of God, and the help of one of those blood sucking reprobate criminal defense attorneys everyone likes to rant about.

[rgcraig]

Accused and convicted at age 19.

Released at age 54.

By the grace of God, and the help of one of those blood sucking reprobate criminal defense attorneys everyone likes to rant about.

Amen!

I respect my attorney! In the middle of a legal issue right now that I don't know what I would do with him.

[pelathais]

Totally agree. He deserves to be reimbursed for WAY more than just lost wages. $50,000.00/year is a measly amount.
Figure a $50,000 income back in 1974 when he was convicted. That was a very nice income. And consider $50,000 today - that ain't bad; unless you've grown accustomed to the riding stable country club stay-at-home-mom lifestyle. Then you might need more. If you've been eating prison gruel and slop, then you'll think that you're in hog heaven with $50K per year.

Add to all that: there's no way to really repay a man for 35 years of his life. You simply can't do it. So, you do what's reasonable.

I knew a man who passed away last year. He was Hungarian and had spent 20+ years in a Soviet gulag. He was forced to work on road construction as slave labor and was given a single potato for food most days. They would cook the potatoes but wrapping them in old newspaper and burying them in the hot asphalt they were laying by hand.

When he finally got out he was given nothing. Nothing at all. And he wasn't even accused of a crime.

Considering the gross injustices of the world, a $50K per annum compensation is generous. The man suffered wrongfully, but he kept a good spirit. Isn't that all that matters?

[mizpeh]

Free tuition to any state university should be included up to doctorate level, as well.

Thank God for a criminal defense attorney who isn't a blood sucking reprobate. ;)

[Cindy]

Free tuition to any state university should be included up to doctorate level, as well.

Thank God for a criminal defense attorney who isn't a blood sucking reprobate. ;)

:thumbsup

[Praxeas]

a. I'm sorry, but that is not enough money to me.
b. It better not be taxed.
c. If it is thrue and there was some impropriety on the part of the investigators, they should be charged for this.
d. I pray that he has a rich and meaningful life.
e. this DNA technology has been around for a while now, why does it take so long to figure out these guys are innocent?

[pelathais]

e. this DNA technology has been around for a while now, why does it take so long to figure out these guys are innocent?
I'm a little uncomfortable imagining the recovery and subsequent 35 year preservation of DNA evidence. But it's a good thing the state made some sort of provision for this.

I imagine that there's a long list that they're going through. The "Innocence Project" folks probably have some sort of priority arranged for based upon the likely outcome of any appeal. And remember, this guy was convicted based upon some sort of evidence. There was a case against his innocence. Maybe he was just a transient in the wrong place at the wrong time, but prosecutors had to have had something to go with.

So, he gets shuffled into the deck based upon the hopes of the "Innocence Project" wonks - and since it wasn't a capital case - it didn't have the priority that a capital case with a pending execution would: as heartless as that sounds, but it's true.

Next, they have to open a closed case and get a hearing scheduled in an already over booked courtroom. Then they have to get a court order for the DNA test; and I know the Innocence Project has been burned by convicts at this point; so for them, it's a roll of the dice.

Did they pick the "right" case to go with? Or have they just wasted a year or two? Unless there's really compelling evidence the state's too crowded with real bads guys to sort through the ones that were "missed." It's mostly up to folks like the Innocence Project to help the system to find its faults.

[Jermyn Davidson]

The man suffered wrongfully, but he kept a good spirit. Isn't that all that matters?


No.

But there isn't much more he can do about it.



The victim has got to feel bad too.

[pelathais]

No.

But there isn't much more he can do about it.



The victim has got to feel bad too.
I imagine. But it was a 9 year old boy - at the time. We aren't told what evidence was presented. I'm only guessing - and my guess may reveal some of my own bias and prejudices. But I'd guess the kid was so traumatized that he wasn't a very effective witness, one way of the other.

The cops then threw a "dragnet" around the area and rounded up the usual suspects like at the start of the movie Casablanca. This unfortunate soul may have had a record or a reputation so the cops simply pinned the crime on him

Another scenario might have been a "gang" type of thing. The accused may have been around when the assault was just in the bullying stage and was seen by the victim. Then the victim is attacked and is unable to clearly identify the attacker - but he remembers this one "older kid" that he had seen earlier.

Clearly, just guesses - but it most likely was a scenario where there was a confused, or maybe even no direct identification of the attacker. The cops had to have something circumstantial, and with a convincing sales presentation got the prosecutors hooked on the idea. My guess is that the victim himself probably played little or no role in the indentification of a suspect and never offered any testimony in open court. The cops nailed the wrong guy and pressed a bad case with the prosecutor's office. The kid was just a victim.

Raw deal for the accused in any event.

[oletime]

e. this DNA technology has been around for a while now, why does it take so long to figure out these guys are innocent?

because these prosecutors never want to admit there wrong, like the one who along with the black girl that accused the whole duke lacrosse team of assaulting her.eventually court ordered dna forced him to admit, yes she was assaulted [by at least 6 men] but none of them were on the team .it cost him his career.but by then the team had been disbanded and the boys all transferred to other scholls with there reps tarnished forever. you wouldnt have believed it unless you followed it.

[Jermyn Davidson]

But that's not the end of their story Oletime.

They sued that school and not all of them transferred out.

The team played next season, but none of the accused players were interested in praying.

[oletime]

playing you mean ? they were all from pretty well off families too i guess .i think the coach ended up in the northeast coaching again. course he was forced out because it was supposed to be his fault. from what i read they were party animals and they did have her at a party as a stripper.so they kinda put themself in the wrong place to say the least. ps i was a little too inclusive she didnt accuse the whole team.fortuanately, as the players said, our families had the resources to fight this ,proving once again" liberty and justice for all who can afford it"

[tstew]

In many of the documentaries I see, it seems like D.As and judges sometimes resist the testing of biological evidence. Personally, I wish they would be more open to doing it. If there is a scary number of innocent men behind bars we need to face it and release them as soon as possible.

[tstew]

But that's not the end of their story Oletime.

They sued that school and not all of them transferred out.

The team played next season, but none of the accused players were interested in praying.

The DA also got into quite a bit of trouble. His career will never recover.

[oletime]

actually fired and did a very small amount of jail time, maybe sued ?

[tstew]

Figure a $50,000 income back in 1974 when he was convicted. That was a very nice income. And consider $50,000 today - that ain't bad; unless you've grown accustomed to the riding stable country club stay-at-home-mom lifestyle. Then you might need more. If you've been eating prison gruel and slop, then you'll think that you're in hog heaven with $50K per year.

Add to all that: there's no way to really repay a man for 35 years of his life. You simply can't do it. So, you do what's reasonable.

I knew a man who passed away last year. He was Hungarian and had spent 20+ years in a Soviet gulag. He was forced to work on road construction as slave labor and was given a single potato for food most days. They would cook the potatoes but wrapping them in old newspaper and burying them in the hot asphalt they were laying by hand.

When he finally got out he was given nothing. Nothing at all. And he wasn't even accused of a crime.

Considering the gross injustices of the world, a $50K per annum compensation is generous. The man suffered wrongfully, but he kept a good spirit. Isn't that all that matters?

I don't know. The more I think about it, the more I feel like the number is way too low. He was not working a 9-5 job Monday through Friday, spending time with his family, sleeping and living as he wished. He spent what should have been some of the best years in his life in a cage 24-7. God only knows what he has seen and experienced during this time. The nature of the crime he was convicted of would make time in prison infinitely harder, more dangerous, and much more stressful.
When you think of all the little things that he has been deprived of, it's not the same as working a job. I think it is very telling that among the things that he specified he was looking forward to were fried turkey and Dr Pepper...two of the very small things that everyone has taken for granted since 1974/

[John Atkinson]

I knew a man who passed away last year. He was Hungarian and had spent 20+ years in a Soviet gulag. He was forced to work on road construction as slave labor and was given a single potato for food most days. They would cook the potatoes but wrapping them in old newspaper and burying them in the hot asphalt they were laying by hand.

When he finally got out he was given nothing. Nothing at all. And he wasn't even accused of a crime.

Well you are talking Soviet Union, I know a retired admiral, decorated submarine commander and former CO of their equivalent of of our naval war college. He lives in a dingy two room apartment in St Petersburg and 50k/year would be like winning powerball to him.

Those guys don't treat their veterans much better than they do their prisoners.

To the topic good for this guy and his display of forgiveness is a great testimony.

[n david]

a. I'm sorry, but that is not enough money to me.
b. It better not be taxed.
c. If it is thrue and there was some impropriety on the part of the investigators, they should be charged for this.
d. I pray that he has a rich and meaningful life.

Totally agree. He deserves to be reimbursed for WAY more than just lost wages. $50,000.00/year is a measly amount.
It's terrible the injustice done to this man. It's terrible he spent so long locked up in prison though innocent. Thank God he was set free and is able to be with his family.

No amount of money could replace the time lost with family; nor could any amount be enough to cover the time spent in prison.

I do hope that if there was intentional wrong done by law enforcement or prosecution, the person is brought to justice and held accountable. And I pray God blesses and he has a rich and happy life.

I haven't heard of innocent, ex-prisoners being given money like this. I don't believe my state does this. JMO, I understand the guy suffered and was wronged, but I don't agree with the payout. The man can file a lawsuit if he wishes, but the states shouldn't give payouts.

[pelathais]

I don't know. The more I think about it, the more I feel like the number is way too low. He was not working a 9-5 job Monday through Friday, spending time with his family, sleeping and living as he wished. He spent what should have been some of the best years in his life in a cage 24-7. God only knows what he has seen and experienced during this time. The nature of the crime he was convicted of would make time in prison infinitely harder, more dangerous, and much more stressful.
When you think of all the little things that he has been deprived of, it's not the same as working a job. I think it is very telling that among the things that he specified he was looking forward to were fried turkey and Dr Pepper...two of the very small things that everyone has taken for granted since 1974/
Like I said before, there's no way he can be repaid. We simply cannot give a man 35 years of his life back. You can't do it.

The sum he's being offered shouldn't even be considered "restitution," because restitution is impossible for what was taken away from him.

Putting $1.5 million into an irrevocable trust today would result in an annual payout of $80,000 to $90,000 for the rest of his life, and he will have the opportunity to leave a considerable estate to his heirs.

The man's a victim, not a rock star. Considering that he lives in a land that gives any kind of compensation for something like this is a stroke of good luck. And, let's let this guy tell us how we should feel instead of telling him how he should feel. He's the "expert" on the matter.