What is 35 Years Worth?
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| Fri, 12-18-2009 - 8:52am |
Free after 35 years: DNA clears Florida inmate
BARTOW, Fla. – He'd insisted he was home watching TV with his twin sister but witnesses claimed he was the man who raped a 9-year-old boy, and he was sentenced to life in prison.
Decades later, with DNA technology able to exonerate him, James Bain was finally set free Thursday and used a cell phone for the first time. He called his elderly mother to tell her he was out after 35 years behind bars for a crime he did not commit.
As Bain walked out of the Polk County courthouse, 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."
His wants are simple: fried chicken, Dr. Pepper and maybe going back to school.
The Innocence Project of Florida says the 54-year-old has spent longer behind bars than any of the other 245 inmates exonerated by DNA nationwide.
In 1974, Bain was sentenced to life in prison for the kidnapping and rape of the boy in a field. 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 Innocence Project, which helped Bain win freedom. "Today is a day of renewal."
The longest-serving before Bain 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.
Friends and family surrounded Bain 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."
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.
Bain 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.
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.
This man was incarcerated when he was 19 years old. He is now 54! He missed 35 Christmases, 35 birthdays, 35 years of family gatherings. Family members probably died; he could not attend their funeral. Family members probably got married; he was not invited to the wedding. He was never able to get a job, buy a home, get married or have children.
35 years!!!! Think of that. Yes, he's getting 1.75 million, and I'm sure the rest of his life will be at least financially better. But money won't erase the fact that he lost the best years of his life. It won't erase 35 years of memories of prison. Imagine how you would feel if your mother or father passed away while you were incarcerated and died never knowing of your exhoneration.
I'm sorry, but this kind of justice system is WRONG. It's witch-hunting. Now that DNA is available it should used to determine the guilt or innocence of those charged with violent crime.
See how easily a jury can be led to believe guilt or innocence? That is why I will never, ever take part in a jury. I would never want to think that I might have made a mistake that sent someone to prison (or worse) unjustly.


That poor man. You're right, no amount of money can bring back 35 long years of his life.
That said, I would hope there aren't many who feel like you do about serving as a juror. You have a very level head on your shoulders, you're smart, and you seem to be a caring citizen. Those are exactly the types of people our judicial system needs MORE of, not LESS of.
We need to step up and make a difference, not shy away from our duties because we may make a mistake in trying a case. I don't mean to sound harsh, and I don't mean it that way. I just disagree with your opinion on serving on a jury if asked.
The fact that an innocent man served 35 yrs is truly tragic.
The sad thing is that most people have this idea that the court system is fair and justice wins out in the end - like Perry Mason. That's not how it works.
You are prosecuted by a state attorney whose job is evaluated on how many convictions he/she gets. You are defended by what you can afford. You are judged by a jury of your peers;