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Wednesday May 23rd 2012

Wrongfully Convicted Man Released after 35 Years

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LOS ANGELES (YBH)  – At 19, James (Jamie) Bain was convicted of raping a 9 year old boy.  After 35 years in state prison, he is today a free man, thanks to DNA testing of Mr. Bain and semen residue on the boy’s underwear.  It showed he had no link to the crime, and the alibi provided by his twin sister at the time of trial was true.   Mr. Bain had petitioned the court 5 times for DNA testing.  His 5th appeal for justice was denied, but then overturned by an appeals court which ordered testing.

James Bain Grateful For Release

James Bain Grateful For Release

The Innocence Project of Florida , a non profit legal group which takes on appeals such as Mr. Bain’s, was instrumental in getting the testing done and gaining his release.  

The group formed in 2003, targeting cases such as Mr. Bain’s.  Under Florida law, Mr. Bain is entitled to $50,000 a year for every year of his wrongful incarceration.  Unlike any other state, Florida has a “clean hands” provision which holds that if Mr. Bain or any other released prisoner had a prior felony conviction before or during the wrongful incarceration, he cannot collect any compensation.  Mr. Bain stands to collect $1.75 million as his record is otherwise clear.

Mr. Bain is the longest-serving inmate ever to be released after DNA testing exonerated him.  Asked if he was angry,   Mr. Bain replied, “No, I’m not angry, because I’ve got God.”

Related posts:

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  2. Zimmerman to be released on $150,000 bail in Trayvon Martin case
  3. Convicted murderer dies while on hunger strike in California
  4. Recidivism rises among released Guantanamo detainees
Laura spent years as a Hollywood story analyst, did a big 180, and is now an entrepreneur focused on web marketing and analytics. She's also a mom of one.

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Post Published: 17 December 2009
Found in section: News and Analysis
  • Roland Higginbotham

    What ? there saying $ 50,000 per every year is to much to give this man after being in Prison for 35 years
    shame on you .you people where wrong then and your going to do it again !
    be wrong again

    Remember TWO wrongs don't make it right !

    • Amadou N.

      He is wrongfully convicted and he lost 35years of his life,so he is entitle to every penny of it and even more. Money compensation should not be the problem, because he could have been a multi millionaire if he was not WRONGFULLY CONVICTED. I think the justice system should do a better job in getting their facts wright before sending someone in prison. For you i think you are jealous that a black man is getting 1.75 million. Question; put yourself in his shoes, and tell me if you will think that you do not deserve more than that?

  • http://www.ACADP.com Dorina Lisson

    OMG – this innocent man could have been executed. The justice system, every justice system around the world, has serious flaws that cannot be fixed. Yet another good reason for The Land Of The Free to abolish the death penalty for all time.

  • Erin Connors

    He should get every penny!

  • Joe

    He should also get 39 years worth of interest on that $1.75million.

  • Reasonable Man

    I hope the ambulance chasing leeches don't get to steal half of his very deserved award.
    I also believe that the "clean hands" provision is wrong.
    If a person is wrongly convicted(a much too common occurence), they should NOT be penalized for something OTHER than that which they have been wrongly convicted.

    For now, I am happy for Mr Bain.
    How many have the states MURDERED who were also innicent?
    The individuals in the "system" who DELIBERATELY cayse these things need to be brought down.

  • kirk

    1.75 million is not nearly enough for the price of freedom not for 1 year not ever and the clean hands act is a back door system established to wash their hands of any responsiblity for any wrong doings or mistakes that they may have made in which they will not have to suffer punitive damages.

  • Mai Phuong

    He said he was not angry because God besides him. What's a tolerant man!
    I think the people who convicted this innocent man should be pushed into jail.

  • http://www.facebook.com/betty.dezeeuw Betty Dezeeuw

    You know that the DNA said he was worngfully judge and he sent 35 years in the jail system. He sould be able to collect all the money that is owed to him. The system was wrong, and they should pay all the monies that they owe this man. 50,000.00 times 35 years would be 1.75,million and he desirves to get all the monies. It doesn't matter whether you are black or white, everyone should be treated the same this also goes for the criminal justcies system.

  • Michael

    Pedro Petrovic is an innocent man! Stop the injustice of prosecuting an innocent man.
    Send your support and prayers at freepedropetrovic.com.