Wrongly Convicted Database Record
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Charge: |
Rape and Kidnapping (abduction) |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
35 |
Year Crime: |
1974 |
Year Convicted: |
1974 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Florida |
County or Region of Crime: |
Polk |
City of Crime: |
Lake Wales |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"James B. Bain was 19 when he was wrongly convicted of raping a nine-year-old boy in Lake Wales, Florida in 1974. His conviction was based on the victim's identification of Bain. Bain was sentenced to lfie in prison. Bain began pursuing DNA testing in 2001, and in 2009 the testing was conducted on biological evidence from the perpetrator recovered from the crime scene. Bain was excluded and after the prosecutor's motion to vacate his conviction was granted, Bain was released. In 2011 the State of Florida awarded Bain $1.75 million for his 35 years of wrongful imprisonment." |
Conviction Caused By: |
Erroneous eyewitness identification by the victim. |
Innocence Proved By: |
Bain's conviction was overturned and he was released in 2009 based on DNA tests excluding him as the boy's assailant. |
Defendant Aided By: |
Innocence Project of Florida |
Compensation Awarded: |
"$1.75 million (State of Florida, 2011)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
19 |
Age When Released: |
54 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Innocence assured, man freed from prison after 35 years, Myfox (Tampa Bay, FL), December 17, 2009" |
Information Location 1: |
http://www.myfoxtampabay.com/dpp/news/local/polk/jimmy-bain-dna-evidence-release-hearing-121709 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org