I feel really happy for him, but mostly just sad. That poor mother too. Half her life her son was officially a child rapist, locked in jail. Must've been heartbraking. His sister too - she was with him on the night of the rape, the court did not believe her story. Very frustrating.Fla. man exonerated after 35 years behind bars
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."
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.
Bless the american legal system and its generous use of cash as a means of redressing wrong. At least it's something.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.
$50.000 is a fine sum for many people, for a lost year. Halfway through the article I started to worry what should become of this man, who has not even had the chance to finifh school. Was he to live in poverty for the remainder of his life as well, to add insult to injury? I was quite pleased to read he receives this substantial sum of money.
But no amount of money can compensate for what is mostly a lost life. $50.00 a year is never a compensation for 35 years. Age 19 to 54 in jail, that is too long. No wife, no kids, no career, no school. No 'normal' friends, routine, experiences. A stolen life.
Oh dear...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.
"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.
246 people been exonerated by this new DNA evidence project. The tip of the iceberg. There has to be DNA evidence available about the crime, it has to have been stored and well kept, it has have to been investigated. Well in the (tens of?) thousands of persons must be in gaol innocently.
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