US man freed by DNA evidence after 35 years in prison

[4me2]

US man freed by DNA evidence after 35 years in prison


James Bain has always maintained his innocence

A US man has become the longest-serving prisoner to be freed after DNA evidence proved he was innocent of the crime he was convicted of three decades ago. James Bain spent 35 years in jail after being found guilty of kidnapping and raping a nine-year-old boy in 1974.
On his release from prison in Florida on Thursday, he told the BBC he was not angry and his faith had helped him.
He has always maintained his innocence, but was only allowed a review of his case following an appeal.
During his final court hearing signalling his release, Mr Bain wore a T-shirt with the words "Not Guilty" on it.
The 54-year-old, who was jailed at the age of 19, told the BBC's World Today programme that he felt very emotional and "extremely great".
'In God's hands'
He said his first duty upon his release was to see his mother.
"I felt so good but because of her [my mother's] health I had to go to the house. She never gave up, the same as [me]."
He said the support of his family and his religious faith had helped him get through his ordeal.
He walked out of the courthouse, a free man, a free man in America


Seth Miller

"[It] just was the right time for God to release me from this. I just had to be very patient for that... I cannot feel angry. I put all that in God's hands," he said.
After leaving Polk County courthouse, Mr Bain said he hoped to return to school and he was looking forward to eating fried turkey and drinking Dr Pepper.
The Innocence Project of Florida helped co-ordinate Mr Bain's release. It says that he was imprisoned for far longer than any of the other 246 inmates exonerated by DNA evidence across the US.
Mr Bain was freed after filing several petitions asking for his case to be reviewed and DNA tests to be carried out.
Most of these were thrown out but following an order by a judge, test results which came in last week showed Mr Bain was innocent.
He had been convicted mainly on the strength of the victim identifying him out of a line-up, although tests available at the time did not definitely link him to the crime, the Associated Press reported.
Mr Bain said he had been watching television with his twin sister when the crime occurred.
Innocence Project of Project lawyer Seth Miller told the World Today: "He walked out of the courthouse, a free man, a free man in America.
"And the family's excited to have Jamie back with them and this is the first day of the rest of his life and we're excited to be able to share it with him."
Last year Florida passed a law that means Mr Bain is entitled to $1.75m (£1.08m) for the time he spent in jail while innocent.


http://news.bbc.co.uk/1/hi/world/americas/8419854.stm

[QUALCAST]

id want a fair few $$ more than that !

[BBK]

I feel really sorry for him. Dr Pepper has gotten a lot worse since the 70's

On a more serious note, don't cases like this just prove that the death penalty must never be reintroduced?

[KLL8]

DNA was not around in the day when he was caught. I know it is not fair but if DNA was never invented he would still be in jail. So should he be entitled to Compo. I dont know. Its a new invention that has got him off.
Some one once said that if there is DNA in evidence for any case it should be checked. I agree but it would take forever and a day. They would have to employ a team just to do old cases. When most of the people that are in jail did the crimes that they are in for. Is it a waste? Im not sure.
Getting back to the story it should read 'Man still at large for raping and kidnapping a boy 35 years ago'
That to me is more important

[rmj2663]

DNA was not around in the day when he was caught. I know it is not fair but if DNA was never invented he would still be in jail.

Fookin classic

[4me2]

DNA was not around in the day when he was caught. I know it is not fair but if DNA was never invented he would still be in jail. So should he be entitled to Compo. I dont know. Its a new invention that has got him off.
Some one once said that if there is DNA in evidence for any case it should be checked. I agree but it would take forever and a day. They would have to employ a team just to do old cases. When most of the people that are in jail did the crimes that they are in for. Is it a waste? Im not sure.
Getting back to the story it should read 'Man still at large for raping and kidnapping a boy 35 years ago'
That to me is more important

Only one thing matters and that is that the man was innocent and served in prison.

That in the eyes of the law is a miscarriage of justice.

[KLL8]

Only one thing matters and that is that the man was innocent and served in prison.

That in the eyes of the law is a miscarriage of justice.

I do agree with you. it may sound like i dont but I do. If you are innocent then you should not be in jail end off, But there must have been stuff at the original trial that made people believe he was guilty. Maybe it was his colour and the jurors wanted him to go to prison because of that. I dont know. I have to believe in the system and when he was tried the government didnt have all this cool stuff.
How much do you put on a mans life?
It is bad that innocent people go to prison but sometimes thats just a bad defence.

[tombott]

I feel really sorry for him. Dr Pepper has gotten a lot worse since the 70's

On a more serious note, don't cases like this just prove that the death penalty must never be reintroduced?

As far as I'm concerned nobody has the right to take another persons life.
How any country can justify the death penalty is beyond me, regardless of the crime.

[4me2]

You can bet your arse racism had a hand in it.

[BBK]

How any country can justify the death penalty is beyond me, regardless of the crime.

I admit to being tempted sometimes with the crimes we see, but as a supposedly civilised society we must NEVER fall into the trap again of taking a life. No evidence is 100% foolproof - we know now for instance that a child can have completely different DNA to its parent, we also know that in certain instances (such as bone marrow transplants) you can effectively have someone elses DNA in your body. Also, planting of DNA evidence has to be strongly considered. We also know that certain people under certain circumstances will confess to a crime as well, some not even under duress. I'd much rather someone was in jail, for if we as society take 1 innocent persons life then we are every bit as bad as the people commiting the crime.

[arvin]

As far as I'm concerned nobody has the right to take another persons life.
How any country can justify the death penalty is beyond me, regardless of the crime.

Thew life of david gale (movie with kevin spacey) is an excellent example of this, http://en.wikipedia.org/wiki/The_Life_of_David_Gale - thought id throw it in, an insightful film which highlights flaws in the death penalty.

[flumperino]

£1m for 35 years? That's probably not much more than he could have earned in that time through normal work.

Fuck that, I'd want £100m.

[{{909}}]

amazing he is still sane aftr all that time, his faith in god must be somehting else.

Its a shocking payout too, Id want to spend the remainder of my life banging the highest of high class hookers every day to make up for lost time

[NattyFido]

How well we treat our prisoners is a reflection on society. Sentencing should not be about revenge, as it is with the death penalty, but about protecting society.

What gets me is the fact we've had reliable DNA testing for quite a while now, but the courts kept on refusing to use it.

It is still better to send an innocent man to prison than to let a guilty man go free.

[BBK]

£1m for 35 years? That's probably not much more than he could have earned in that time through normal work.

Average US salary in the US is currently $40,000. Multiply that by 35 you only get $1.4 million, and when you take inflation into account you're possibly looking at earnings of at least half that, and for a ill-educated black man in the early 70's through until now possibly even less.

Still doesn't make up for it though IMO, its not the financial loss, its the loss of his ability to have a life that cannot be replaced.

[beansontoast]

It is still better to send an innocent man to prison than to let a guilty man go free.

I don't agree with that at all.

[{{909}}]

It is still better to send an innocent man to prison than to let a guilty man go free.

Doesn't really make sense, in the case of an innocent man getting banged up, then a guilty man IS going free. Someone had to commit the crime.

[B.I.G.]

amazing he is still sane aftr all that time, his faith in god must be somehting else.

Its a shocking payout too, Id want to spend the remainder of my life banging the highest of high class hookers every day to make up for lost time

He's hardly that sane he thinks god let him out....so who put him in?


Some of the views people have in this thread are absolutely crazy.