crimesider

James Bain is a Free Man After 35 Years in Jail for a Rape DNA Says He Didn't Commit

(AP Photo/Steve Nesius)
(AP Photo/Michael Wilson)
BARTOW, Fla. (CBS/AP) After 35 years behind bars for a brutal rape he didn't commit, James Bain became a free man on Thursday and he wasted no time in using a piece of technology that didn't even exist when he was incarcerated more than three decades ago - a cell phone.

Photo: James Bain talks to reporters outside Polk County Courthouse Thursday, Dec. 17, 2009 in Bartow, Fla.

Bain used the device to call his elderly mother.

"I'm not angry," Bain, wearing a black "not guilty" T-shirt, said outside of the Polk County courthouse. "Because I've got God."

Bain was sentenced to life in prison in 1974 for kidnapping a 9-year-old boy and raping him in a nearby field. At that time, the DNA technology that eventually proved Bain was not responsible did not exist.

"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.

Photo: Polk County public defender Robert Young hugs James Bain, right, during a hearing at the Polk County Courthouse that set Bain free Dec. 17, 2009.

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.

  • Neil Katz

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