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Old 12-17-2009, 03:04 PM
KoolPappy KoolPappy is offline
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Default Man exonerated, freed from prison after 35 years

Exonerated man 'not angry' after decades in prison

Man exonerated, freed from prison after 35 years - CNN.com

Bartow, Florida (CNN) -- After more than three decades in prison, a Florida man was set free Thursday after a DNA test showed he did not kidnap and rape a 9-year-old boy in 1974.

"I'm not angry," James Bain, 54, told reporters after a brief hearing in Bartow, Florida.

Bain was 19 when he was convicted on charges of kidnapping, burglary and strong-arm rape. He received a life sentence. He's going home for the first time in 35 years.

"I got God in my head," said Bain, surrounded by supporters and wearing a T-shirt with "Not Guilty" across the front. "I knew one day he will reveal me."

Of the 245 people in the United States whom DNA testing has exonerated, none has spent more time behind bars than Bain, according to the Innocence Project, a national organization dedicated to exonerating wrongfully convicted people through such testing.

In 2001, Florida passed a statute allowing cases to be reopened for DNA testing. Bain submitted handwritten motions four times seeking such testing but was denied each time. His fifth attempt was successful after an appeals court ruled he was entitled to a hearing.

Bain initially was expected to be freed with some conditions as the state wanted a further review of DNA test results. But the review was completed ahead of Thursday's hearing.

Polk County State Attorney Jerry Hill told the judge that DNA testing had excluded Bain from the crime.

"He's just not connected with this particular incident," Hill said.

"Mr. Bain, I'm now signing the order, sir," the judge said, referring to an order vacating the judgment and sentence.

"You are a free man. Congratulations," he said, and the courtroom erupted into applause.

In 1974, the 9-year-old Lake Wales, Florida, victim had told police that his attacker had bushy sideburns and a mustache. After being shown five photos of potential suspects, the victim picked out one of Bain, the police report said.

The victim, now 44, lives in Florida and was made aware of Bain's situation, according to multiple sources.

Speaking to reporters Thursday, Bain said he was going home with family. "I'm going to see my mom," he said.

His mother, Sarah Reed, has been in and out of hospitals in recent years. She said she is putting her house and her car in her son's name. "I want him to have something by himself. He's suffered enough," she said.

Asked about prison, Bain said, "So many things can happen to you at any time." But now, "I guess I kind of feel like when they first landed on the moon. We have touchdown," he said, laughing.
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Old 12-17-2009, 03:11 PM
KoolPappy KoolPappy is offline
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In 2001, Florida passed a statute allowing cases to be reopened for DNA testing. Bain submitted handwritten motions four times seeking such testing but was denied each time. His fifth attempt was successful after an appeals court ruled he was entitled to a hearing.
If you have DNA Evidence why do you have to ask 5 times for it to be reviewed?? Our legal system sucks...

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"Mr. Bain, I'm now signing the order, sir," the judge said, referring to an order vacating the judgment and sentence. "You are a free man. Congratulations," he said, and the courtroom erupted into applause.
"You are a freee man. Congratulations." That's all you have to say? How about we are really sorry our legal system wrongfully destroyed 35 years of your life...
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Old 12-17-2009, 03:28 PM
Pancho Sanza Pancho Sanza is offline
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Isn't one of Oj's dream team lawyers part of the innocence project?
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Old 12-17-2009, 03:43 PM
stevo stevo is offline
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My first ? is why was his picture in the ones shown to the kid?

What had he done in the past that his was used?

Hope more of this story comes out.

But any case where they have DNA evidence shouldnt need to be requested 5 freakin times for a test.
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Old 12-18-2009, 05:23 PM
Uncle B Uncle B is offline
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The state owes that man a whole buttload of lapdances.


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Old 12-18-2009, 05:55 PM
ChuckyTheGoat ChuckyTheGoat is offline
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The state owes that man a whole buttload of lapdances.


Nice jugs, Unc!

I feel bad for this guy. I don't see it in the article, but I read that FLA law gives a DNA victim $50,000 * yrs false imprisonment. So, yeah, this dude will be getting some cash and some lapdances. Bang away, young man.
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Old 12-18-2009, 06:22 PM
Brother Vig Brother Vig is offline
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50G a year is all someones life is worth. When something like this happens the judge, prosecutors and jury should be tried and spend time in the can.
The state should give this guy a blank check with no questions asked. Another good reason to kill the death penatly
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Old 12-18-2009, 07:05 PM
Soonerfan64 Soonerfan64 is offline
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Compensation Statutes by State: from theinnocenceproject.org

• Alabama has a minimum of $50,000 for each year of wrongful incarceration

• California has a maximum of $100 per day (or $36,500 per year) of wrongful incarceration

• Connecticut bases compensation on claims for loss of liberty, loss of earning capacity, physical and mental pain and attorney’s fees and other expenses related to such person’s wrongful conviction

• The District of Columbia asks the court to determine what amount fairly and reasonably compensates the exonerated

• Florida provides for $50,000 annually with a maximum of $2 million

• Illinois allows for $85,350 for those who served up to five years, $170,000 for those who served between five and 14 years, $199,150 for those who served more than 14 years

• Iowa provides $50 per day (or $18,250 per year) of wrongful incarceration plus lost wages up to $25,000 a year, plus attorney’s fees

• Louisiana provides $15,000 per year of wrongful incarceration, with a maximum of $150,000

• Maine has a maximum of $300,000

• Maryland’s Board of Public Works determines compensation packages for pardoned persons who were wrongfully convicted, and may grant a reasonable amount for any financial or other appropriate counseling for the individual

• Massachusetts has a maximum of $500,000

• Mississippi allows $50,000 for each year of wrongful incarceration with a maximum of $500,000

• Missouri provides $50 per day (or $18,250 per year) of post-conviction confinement

• Nebraska allows $25,000 per year with a maximum of $500,000

• New Hampshire provides a maximum of $20,000 for the entirety of the wrongful incarceration

• New Jersey allows twice the amount of the exoneree’s income in the year prior to incarceration or $20,000 per year of incarceration, whichever is greater

• New York, whose Court of Claims determines what amount will fairly and reasonably compensate the wrongfully convicted person, has no maximum amount

• North Carolina provides $50,000 for each year of wrongful incarceration with a maximum of $750,000

• Ohio allows $40,330 per year in addition to lost wages, costs, and attorney’s fees

• Oklahoma provides $175,000 for the entirety of the wrongful incarceration

• Tennessee has a maximum of $1,000,000 for the entirety of a wrongful incarceration

• Texas allows $80,000 per year of a wrongful incarceration, as well as $25,000 per year spent on parole or as a registered sex offender, plus an annuity

• Utah, where a wrongfully convicted person is eligible to receive for each year he was incarcerated, up to a maximum of 15 years, provides the monetary equivalent of the average nonagricultural payroll wage in the state

• Vermont gives between $30,000 and $60,000 per year the person was incarcerated if filed within three years of exoneration

• Virginia provides 90% of the Virginia per capita personal income for up to 20 years

• West Virginia does not have a maximum amount specified

• Wisconsin provides $5,000 for each year in prison, with a maximum of $25,000 plus attorney’s fees (Some real generous bastards)
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Old 12-18-2009, 07:23 PM
Brother Vig Brother Vig is offline
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Wisconsin WTF
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Old 12-18-2009, 07:45 PM
homedog homedog is offline
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Wisconsin WTF
Have you ever been to Wisconsin?
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Old 12-18-2009, 07:45 PM
Total Square Total Square is offline
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Isn't one of Oj's dream team lawyers part of the innocence project?
barry scheck
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Old 12-18-2009, 08:38 PM
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Quote:
• New Jersey allows twice the amount of the exoneree’s income in the year prior to incarceration or $20,000 per year of incarceration, whichever is greater
hmmm, now I just need to figure out how to pull this off...


sitting in jail for double your salary is not a bad gig.and the rent and meals are free too
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Old 12-18-2009, 08:47 PM
coolbreez72 coolbreez72 is offline
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Wisconsin WTF
Now I'm DEFINITELY Taking the 'Canes over the Badgers in the Bowl Game!
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Old 12-18-2009, 08:49 PM
homedog homedog is offline
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hmmm, now I just need to figure out how to pull this off...


sitting in jail for double your salary is not a bad gig.and the rent and meals are free too
Not having a wife and kids is a huge incremental.
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Old 12-18-2009, 08:53 PM
KoolPappy KoolPappy is offline
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...Another good reason to kill the death penatly
this is a great point...I think I'm gonna change my position on the death penalty...
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Old 12-18-2009, 10:35 PM
Soonerfan64 Soonerfan64 is offline
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this is a great point...I think I'm gonna change my position on the death penalty...

Personally, If I was ever going to toss money or my time at anything philanthropic, or a cause in general the abolishment of the death penalty would be it

Which is odd considering, fundamentally I have no problem with it at all. However, when you exam it closely, it is one very unfair and messed up system.
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Old 12-18-2009, 11:32 PM
StarnetGypsy StarnetGypsy is offline
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hmmm, now I just need to figure out how to pull this off...

sitting in jail for double your salary is not a bad gig.and the rent and meals are free too
oh for sure Drunk, and Camden & Trenton look like warm friendly places to do it too!



they have state-of-the-art facilities ...



... and you can play chess with the brothers too!

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Old 12-19-2009, 12:01 AM
Brother Vig Brother Vig is offline
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hmmm, now I just need to figure out how to pull this off...


sitting in jail for double your salary is not a bad gig.and the rent and meals are free too
Getting assraped is free as well
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Old 12-19-2009, 04:36 AM
mikeymike mikeymike is offline
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This guy should get at least $5 million instead of $1.75 mil.
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