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Author Topic: let me out!!!!!!!!  (Read 1124 times)

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Offline dixonbob

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let me out!!!!!!!!
« on: December 18, 2009, 11:23:14 AM »


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                 BARTOW, Fla. James Bain used a cell phone for the first time Thursday, calling his elderly mother to tell her he had been freed after 35 years behind bars for a crime he did not commit.
Mobile devices didn't exist in 1974, the year he was sentenced to life in prison for kidnapping a 9-year-old boy and raping him in a nearby field.
Neither did the 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 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.
As Bain walked out of the Polk County courthouse Thursday, 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."
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.             
FOUND the ignore button. Ha Ha

Offline whatsnew

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Re: let me out!!!!!!!!
« Reply #1 on: December 18, 2009, 02:20:12 PM »
He deserves the money. Alot more people are in our prison systems that should not be. ANd most of the time its because of poor representation from an over loaded Public Defender system.. and ridiculous bond sets so high your only choice is to cop a plea. I know my sons bond was 5 times higher than the girl from Dixon that actually beat a man to death. Amazing..I will say it here and if Rick chooses to remove it.. Thats okay.. My son was partying with a friend that died of a drug overdose.. He is in prison for it.. This was a KNOWN drug addict that was 30 yrs old.. Made his own decision.. Had an extensive record..The other guy that was on PAROLE fled the scene, while my son choe to stay and do CPR... Which of course placed him at he scene. The addict that died,  dads happened t work for the $500,000.00 cash only bond, 472 days in the county jail.. he finally pled to a lesser charge so he could move forward. He still does not regret doing CPR and staying at the scene.. The parolee that fled the scene was around drugs..a nono.. yet he wasn't charged with anything. The one that died was his FRIEND.. He did not KILL anyone.. We even had phone records where the "victim: called my son no less than 10 times begging him to come down there.. Of course none of that was brought out in court.. the Public Defender didn't have the "time" to research anything in 472 days. ***(((*
My point is crimes are not always what they seem..
So much gossip distorts the whole story..It is what it is, and I can't change it.. But the dude in the story above deserves every penny he gets. :woohoo:
P.S. this very same week a known addict died in Dixon and when they picked up his body, they didn't even ask the guy with him what his first name was.. This straight from the victims brother. Of course nothing was done on this case.. NOTHING.
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Offline dixonbob

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Re: let me out!!!!!!!!
« Reply #2 on: December 19, 2009, 07:26:01 AM »
Im a bad bad man! I had to do 10 days in Pulaski County ( thanks Collen) and I was there when youre son was and  I know all about it and who did what a when. Nice guy just caught in a bad situation and drugs do ruin lives. So sorry for your grief
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Offline whatsnew

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Re: let me out!!!!!!!!
« Reply #3 on: December 19, 2009, 12:09:26 PM »
Thanks, sometimes I just have to let it out..
I have his GED here though, and he scored 2730 on it.. So that was good.
Yesterday is history
Tomorrow is a mystery
Today is a gift
Thats why they call it the present