35 years

[pauldun170]

Man exonerated, freed from prison after 35 years
STORY HIGHLIGHTS
James Bain, 54, released from prison after more than three decades behind bars
Bain was convicted in 1974 of abducting and raping a 9-year-old Florida boy
DNA testing excluded Bain from crime, authorities say
His case was reopened after his fifth request to use DNA evidence

Bartow, Florida (CNN) -- After more than three decades in prison, a Florida man was set free Thursday after a DNA test showed he did not kidnap and rape a 9-year-old boy in 1974.

"I'm not angry," James Bain, 54, told reporters after a brief hearing in Bartow, Florida.

Bain was 19 when he was convicted on charges of kidnapping, burglary and strong-arm rape. He received a life sentence. He will be allowed to go home for the first time in 35 years.

"I got God in my head," said Bain, surrounded by supporters and wearing a T-shirt with "Not Guilty" across the front. "I knew one day he will reveal me."

Of the 245 people in the United States whom DNA testing has exonerated, none has spent more time behind bars than Bain, according to the Innocence Project, a national organization dedicated to exonerating wrongfully convicted people through such testing.

In 2001, Florida passed a statute allowing cases to be reopened for DNA testing. Bain submitted handwritten motions four times seeking such testing but was denied each time. His fifth attempt was successful after an appeals court ruled he was entitled to a hearing.

On Thursday, state attorney Jerry Hill told the judge that DNA testing had excluded Bain from the crime.

"He's just not connected with this particular incident," Hill said.

"You are a free man," the judge told Bain.

CNN's Rich Phillips contributed to this report.








Find this article at:
http://www.cnn.com/2009/CRIME/12/17/...ion/index.html

[goof2]

Originally Posted by pauldun170

and wearing a T-shirt with "Not Guilty" across the front.

Someone is making a mint off these shirts!

[pauldun170]

Originally Posted by goof2

Someone is making a mint off these shirts!

[CrazyKell]

Stories like this always sadden me.

There is clearly fallacies in the judicial system (both in the US and Canada) and it makes me question how people can be so in favour of the death penalty.

I'm not saying he was this great person or anything. But 3 decades behind bars for a crime you didn't commit? Jesus!

[wildchild]

Originally Posted by goof2

Someone is making a mint off these shirts!

that's what I was thinking.

[Rider]

245 people where DNA testing has exonerated? Makes you wonder how many other people that are wrongly convicted where DNA testing can't prove or disprove because there is no DNA evidence. Not sure how this guy can ever be repaid. 35 years? That's half a lifetime and his entire adult life.

[Speedracer42]

Wow. I can understand people being wrongly convicted. The system is NOT perfect. But in a case like this he should NEVER be denied DNA testing. For those years at minimum I would be very angry

[shmike]

Originally Posted by Speedracer42

Wow. I can understand people being wrongly convicted. The system is NOT perfect. But in a case like this he should NEVER be denied DNA testing. For those years at minimum I would be very angry

I agree.

I know that everyone in prison is "innocent" but if there is exonerating DNA available, he should have at least been allowed a hearing.

[Particle Man]

Originally Posted by CrazyKell

Stories like this always sadden me.

There is clearly fallacies in the judicial system (both in the US and Canada) and it makes me question how people can be so in favour of the death penalty.

I'm not saying he was this great person or anything. But 3 decades behind bars for a crime you didn't commit? Jesus!

that's because the average person these days can't figure out the concept of "reasonable doubt"

[Tmall]

Or they can't think far enough ahead to realize it could have been them.