Posted by Laura Glendinning in News and Analysis on December 17, 2009
LOS ANGELES (YBH.ME) – 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
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.”
#1 by Roland Higginbotham on December 18, 2009 - 12:51 am
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 !
#2 by Amadou N. on December 19, 2009 - 7:23 am
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?
#3 by Dorina Lisson on December 18, 2009 - 2:56 am
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.
#4 by Erin Connors on December 18, 2009 - 2:59 am
He should get every penny!
#5 by Joe on December 18, 2009 - 5:50 am
He should also get 39 years worth of interest on that $1.75million.
#6 by Reasonable Man on December 19, 2009 - 2:16 pm
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.
#7 by kirk on December 21, 2009 - 1:25 pm
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.
#8 by Mai Phuong on December 22, 2009 - 5:53 pm
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.
#9 by Betty Dezeeuw on December 28, 2009 - 8:09 pm
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.