Well, he's black aint he

[dirtydog]

US man freed by DNA evidence after 35 years in prison

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.



BBC News - US man freed by DNA evidence after 35 years in prison

[dirtydog]

Requests for a wrongly convicted man for DNA tests were just thrown out, 35 years cos they just threw out his requests, poor bastard.

[raycarey]

The 54-year-old, who was jailed at the age of 19

he told the BBC he was not angry

he might not be angry today, but he will be soon.....ffs, 35 years.

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.

he should sue everyone involved for 10x that.

[dirtydog]

Lost the main part of his life, ok he was put away before DNA testing, but how the fuk can they refuse any prisoners request for DNA testing to prove innocence or guilt.

[raycarey]

but how the fuk can they refuse any prisoners request for DNA testing to prove innocence or guilt.

because fairness doesn't enter into the equation if you're an economically disadvantaged minority caught up in the american criminal justice system.

[barbaro]

Sad story.

I wonder if he can get compensation in that state. In many states you can; in some you can't.

You never get those years, back.

[raycarey]

the OP states he's entitled to 1.75 million

[helge]

So a year of a man's life is worth what ? 50000
They probaly tax the shit out of him.

Sad story

[dirtydog]

because fairness doesn't enter into the equation if you're an economically disadvantaged minority caught up in the american criminal justice system.

Yeah, I think the title describes that quite well....

[Mid]

perfect example of why the death penalty is plainly wrong .

[Mathos]

perfect example of why the death penalty is plainly wrong .

Exactly.

[barbaro]

Lost the main part of his life, ok he was put away before DNA testing, but how the fuk can they refuse any prisoners request for DNA testing to prove innocence or guilt.

Yeah, this is a really bad part. Refusting a request for DNA testing? And it wasn't even available back then.

The percentage is probably small (I think?) but how many other people got long sentences or life sentences that were innocent? That we don't even know about?

[sabang]

Well I guess he's young enough still to enjoy his payout- but don't see why he was repeatedly refused DNA testing, especially with the government Bill rolling up at $50k p.a if he's innocent- as proved to be the case.

[Panda]

Lost the main part of his life, ok he was put away before DNA testing, but how the fuk can they refuse any prisoners request for DNA testing to prove innocence or guilt.

Because they thought he was guilty and couldn't be bothered reopening the case?
And because the can.

[AntRobertson]

perfect example of why the death penalty is plainly wrong .

My thoughts exactly. Just as well he wasn't on death row, all would've been too late no doubt.

[AjarnJonesy]

but how the fuk can they refuse any prisoners request for DNA testing to prove innocence or guilt.

because fairness doesn't enter into the equation if you're an economically disadvantaged minority caught up in the american criminal justice system.

You mean he is part of the "'middle-aged, white, not that bright' crowd"???
Well Thank goodness, I was feeling all alone.....

[keda]

He'll end up with far more than $1.75m for sure, in a land where you can be awarded $640,000 for being so intellectually challenged that you can't cope with a cup of coffee.

[raycarey]

You mean he is part of the "'middle-aged, white, not that bright' crowd"???

.
huh?

[dirtydog]

He'll end up with far more than $1.75m for sure,

I got this suspicion that the change in the law was actually putting a cap on payouts, ie thats the max allowed, obviously he deserves a lot more than that.

[superman]

I got this suspicion that the change in the law was actually putting a cap on payouts, ie thats the max allowed, obviously he deserves a lot more than that.

He'll be alright once he's been paid for the film rights, the book, and the interview on the Oprah Winfrey show.

[AntRobertson]

35yrs in prison for something you didn't do...

Is there really any amount of money that could make up for that.

[dirtydog]

For a start he should sue every single judge that turned down his reqeusts for DNA testing, that should help his pension a little bit

[barbaro]

For a start he should sue every single judge that turned down his reqeusts for DNA testing, that should help his pension a little bit

Totally agree. Especially true, for those who were convicted before DNA testing was even available.

[Panda]

For a start he should sue every single judge that turned down his reqeusts for DNA testing, that should help his pension a little bit

Perhaps thats one of the reasons they kept turning down his appeals. Stall things long enough and he will just grow old and die. Or simply give up.

Big companies and governments do it all the time when dealing with large compensation claims. Cheaper to pay the lawyers to stall things indefinitely than to honestly meet their legal obligations. Technically legal, but morally wrong.