CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, December 18, 2009

(Another) Cautionary Note on Wrongful Convictions

Findlaw reports in DNA Evidence Frees James Bain after 35 Years:

James Bain spent more time in prison than any of the 245 inmates previously exonerated by DNA evidence nationwide.

But today, Bain, 54, is a free man after 35 years behind bars on a wrongful conviction. According to CNN, DNA evidence showed that Bain did not kidnap and rape a 9-year-old boy in 1974.

Bain was set free after his fifth request to use DNA evidence. Previously, he submitted handwritten motions four times seeking such testing, but was denied each time. In 2001, Florida passed a statute allowing cases to be reopened for DNA testing.

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