Posts Tagged ‘Polk County’


Jamie Bain as Muse

Seth — February 13, 2010 @ 10:58 AM — Comments (1)

Jamie at Platform Art

It is fairly obvious that Jamie Bain, IPF client who was exonerated after DNA testing showed he did nto rape a 9-year old boy in 1974 and released after 35 years of wrongful incarceration, has had a special effect on the public.  Certainly more so than most exonerees we have run into.

On top of the inspiration he is providing to innocent individuals and the public at large, he has given artistic inspiration to a local dance troupe in Polk County, Florida who has created a performance art piece about his wrongful conviction and eventual exoneration.  Interestingly, the routine was performed in the old Polk County Courthouse, which is now closed but was the site of Jamie’s 1974 trial.  Shoshana Walter from the Lakeland Ledger reports:

It’s part of “(Dis)order in the Court,” an event in the Bartow Performing Arts series sponsored by the Chamber of Commerce and organized by Platform Art, a Lakeland nonprofit.

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“I think this courthouse location is so pivotal,” said Platform founder Ann Wilson Monday as she awaited Bain’s arrival. “Here is some injustice that was done. James Bain went from being condemned, now to being celebrated in the same place where he was convicted.”

The performance is tonight from 6:30 to 10 p.m. in Bartow’s old courthouse, the scene of Bain’s conviction, now the Polk County Historical Museum at 100 E. Main St., Bartow, Florida.

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Video of Bain’s Exoneration

Seth — December 22, 2009 @ 11:34 AM — Comments (1)

Thanks to The Lakeland Ledger:

And CBS Evening News with Katie Couric:

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Press Release: James Bain to Be Released

Seth — December 17, 2009 @ 9:00 AM — Comments (0)

James Bain Set For Release Based on DNA Test Results Proving Innocence

Bain has Served Over 35 Years for a Rape he Did Not Commit

Tallahassee, Florida—On Thursday, December 17, 2009, James Bain is set for release following a short hearing in front of Tenth Judicial Circuit Judge James Yancey.  The State Attorney and Bain’s attorneys will jointly ask for the release before Christmas while the State Attorney completes his review of the exonerative DNA testing results and any additional DNA testing he chooses to perform.

“It is a blessing that James will not miss his 36th Christmas with his family.   We commend the State Attorney for taking an objective look at these DNA test results and swiftly pursuing justice in this case,” said Bain’s local counsel, Bob Young, General Counsel in the office of J. Marion Moorman, Public Defender of the Tenth Judicial Circuit.

On December 9, 2009, attorneys from the Innocence Project of Florida and the Tenth Judicial Circuit Public Defender released a DNA testing report issued by DNA Diagnostics Center, a nationally recognized forensic laboratory in Fairfield, Ohio, which demonstrates Bain’s actual innocence of a 1974 kidnapping and rape of a nine-year-old boy in Lake Wales, Polk County, Florida.  Judge Yancey ordered testing on DNA of sperm found on the child’s underwear worn during the rape after the State Attorney agreed to the testing. The testing excluded James Bain as the donor of the sperm, confirming that someone other than Bain raped the victim.  Bain’s 35 years of wrongful incarceration is the longest served of any of the 246 DNA exonerees nationwide.

“The State Attorney deserves credit for understanding the import of these results and not letting his review of the independent testing delay justice for Mr. Bain.  We fully expect that when the State Attorney’s review is complete, he will share our conclusion that Mr. Bain is actually innocent and we will work closely with the State Attorney to make this exoneration happen as efficiently as possible,” said Seth Miller, Executive Director of the Innocence Project of Florida.

Bain was convicted in 1974 when the jury rejected his alibi evidence (he was home with his sister) in favor of the eye-witness identification of the nine-year-old victim. The jury also heard conflicting testimony about ABO blood grouping, but believed the little boy to the exclusion of the other evidence. According to the Innocence Project of Florida, witness misidentification and faulty forensics are two of the leading causes of wrongful convictions.  Specifically, witness misidentification is the leading cause, contributing to almost 80% of the 246 wrongful convictions later overturned by DNA testing nationwide.

Bain tried numerous times to file his own, hand-written requests for DNA testing since 2001.  Until the agreement of this State Attorney in October 2009, he was rebuffed by the courts at every turn.  “Today’s outcome is a testament to the strength and perseverance that Jamie has exhibited throughout his whole wrongful incarceration.  We are so pleased to reunite him with his family after this ordeal and are excited to work with him to transition back into free society.”

The Innocence Project of Florida (IPF) is a 501©(3) organization dedicated to finding and freeing innocent people in Florida prisons. IPF, along with Robert Young, General Counsel for the Tenth Judicial Circuit Public Defender, J. Marion Moorman, represents James Bain.  IPF’s website is www.FloridaInnocence.org.

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The Florida Actual Innocence Commission

Seth — December 15, 2009 @ 9:00 AM — Comments (7)

This sounds like something every state should have but most states, including Florida, do absolutely nothing to study the cases where someone is later freed based on DNA or other evidence of actual innocence. The innocent person gets out, there is lots of hoopla and it is a wonderful event for them, their family, and their supporters.  But when the lights of the news cameras go out and the buzz from the exonerations fade, all we are left with is the same criminal justice system that wrongfully convicted these individuals in the first place.

IPF Board Member and former ABA president, Sandy D’Alemberte is aiming change all that.  With the support of IPF and dozens of high-profile, esteemed Florida attorneys supporting him, Sandy has filed a petition with the Florida Supreme Court to create an Actual Innocence Commission that can study cases of wrongful conviction, find out how and why they happened, and make recommendations for reform based on those findings.

A St. Pete Times editorial states:

On Friday, a group of renowned attorneys that includes former Florida Supreme Court justices, former presidents of the American Bar Association and former Florida Bar leaders, petitioned Florida Supreme Court Chief Justice Peggy Quince for the formation of an actual innocence commission. The request is modeled after a similar undertaking in North Carolina that brought together judges, police, prosecutors, defense lawyers, victims’ advocates and academics for a two-year review of procedures in the criminal justice system. The commission isolated factors that helped lead to wrongful convictions and recommended changes.

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An innocence commission would comprehensively evaluate investigatory and court procedures, including those for eyewitness identification in cases like Bain’s, and suggest new safeguards. According to the Innocence Project of Florida, witness misidentification contributed to almost 80 percent of the 245 convictions later overturned by DNA testing nationwide.

We should not allow the canard that we have the best criminal justice system int he world to block efforts for reforming a system that is clearly broken.  Wrongful convictions are proof that the system needs help.  A truly healthy criminal justice system is one that recognizes its faults and endeavors to fix them.

This Innocence Commission is a wonderful idea that could pave the way to curing much that is wrong with Florida’s system and it is one we should all support.

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James Bain Round-up

Seth — December 14, 2009 @ 4:59 PM — Comments (5)

Well folks, we had a successful release of James Bain’s DNA test results which prove that he did not rape a little boy in 1974 and that he has been wrongfully incarcerated for over 35 years.  Bain’s family was present and made some wonderful comments as well about how the wrongful incarceration has hurt them.

There has been a lot of press coverage and I wanted to point you all to some of it:

Here is some video from the press conference courtesy of the Lakeland Ledger:

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Bain DNA Test Results Press Conference Today

Seth — December 10, 2009 @ 10:30 AM — Comments (2)

We are in Polk County Florida today to hold a press conference with the 10th Judicial Circuit Public Defender.  At this event, we will discuss the the Bain case and new DNA test results that prove that sperm left on the child victim’s underwear during the rape came from someone other than James Bain.

This case is remarkable because James was convicted in 1974 and has been trying to get DNA testing for almost a decade.  He has been wrongfully incarcerated longer than any of the other 245 DNA exonerees were.

The press conference will take place today, December 10, at 2:00 PM at North Door of the Polk County Courthouse in Bartow, FL.  Members of James Bain’s family will also be in attendance.  So if you are in the area and would like to come by and support the efforts of IPF, stop by and say hello.

In the meantime, let’s get the word out about this case so that we can get James home by Christmas.

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DNA Testing Demonstrates IPF Client James Bain is Innocent

Seth — December 10, 2009 @ 9:00 AM — Comments (2)

DNA Testing Demonstrates James Bain is Innocent

Bain has Served Over 35 Years for a Rape he Did Not Commit; Attorneys Call for Release by Christmas

Tallahassee, Florida—On Thursday, December 9, 2009, DNA Diagnostics Center, a nationally recognized forensic laboratory in Fairfield, Ohio, issued a report in the case of State of Florida v. James Bain, which demonstrates Bain’s actual innocence of a 1974 kidnapping and rape of a nine-year-old boy in Lake Wales, Polk County, Florida.

The court ordered testing on DNA of sperm found on the child’s underwear worn during the rape only after the State Attorney agreed to the testing and to this nationally-recognized lab. The testing, announced today, excludes James Bain as the donor of the sperm, confirming that someone other than Bain raped the victim. “After over 35 years in prison for a crime he didn’t commit, this evidence of actual innocence should finally allow the State to do the right thing and release this innocent man before he spends his 36th Christmas locked up for a crime he didn’t have anything to do with,” said Bain’s local counsel, Bob Young, General Counsel in the office of J. Marion Moorman, Public Defender of the Tenth Judicial Circuit.

Bain was convicted when the jury rejected his alibi evidence (he was home with his sister) in favor of the eye-witness identification of the nine-year-old victim. The jury also heard conflicting testimony about ABO blood grouping, but believed the little boy to the exclusion of the other evidence. “Today’s DNA results demonstrate conclusively that the victim was mistaken about who raped him and the FBI’s testimony regarding whose semen was on the underwear was simply wrong,” said Melissa Montle, Staff Attorney with the Innocence Project of Florida (IPF).

According to the Innocence Project of Florida, witness misidentification and faulty forensics are two of the leading causes of wrongful convictions.  Specifically, witness misidentification is the leading cause, contributing to almost 80% of the 245 wrongful convictions later overturned by DNA testing nationwide.

Bain tried numerous times to file his own requests for DNA testing since 2001.  Until the agreement of this State Attorney in October 2009, he was rebuffed by the courts at every turn. “Jamie Bain has always known he was innocent and has been trying to get this DNA testing for almost a decade.  Florida’s criminal justice system is just ill-equipped to give folks like Jamie a meaningful opportunity to prove their innocence. Commendably, the State agreed to the testing and I hope that after seeing these conclusive DNA test results, they will agree that Jamie should come home by Christmas,” said IPF’s Executive Director, Seth Miller.

When informed of the results, Bain said, “I always knew I was innocent. I’ve been waiting well over half my life for this miracle.  I hope to be back with my family real soon.”

The Innocence Project of Florida (IPF) is a 501(c)(3) organization dedicated to finding and freeing innocent people in Florida prisons. IPF, along with Robert Young, General Counsel for the Tenth Judicial Circuit Public Defender, J. Marion Moorman, represents James Bain.  IPF’s website is www.FloridaInnocence.org.

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