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Man exonerated, freed from prison after 35 years

December 17, 2009 by owner  
Filed under Crime & Law, Florida News, Media

t1main.bain.press.wtsp

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.

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