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Florida Prisoner Exonerated by DNA After Serving 35 Years
Loaded on June 15, 2010
by David Reutter
published in Prison Legal News
June, 2010, page 38
by David M. Reutter
Filed under:
Misconduct/Corruption,
Police Misconduct,
DNA Testing/Samples,
Wrongful Conviction,
Wrongful Imprisonment.
Location:
Florida.
After 35 years of proclaiming his innocence for the kidnapping and rape of a 9-year-old boy, James Bain, 54, was finally proven innocent and released from a Florida prison on December 17, 2009.
Of the 246 prisoners nationwide exonerated by DNA evidence, Bain served the most …
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More from this issue:
- Secret Justice: Criminal Informants and America’s Underground Legal System, by Alexandra Natapoff
- New Details Regarding Race Riot at USP Florence, by Brandon Sample
- From the Editor, by Paul Wright
- Dozens of CIA “Ghost” Detainees Unaccounted For, by Matthew Clarke
- ACLU Report Applauds Michigan’s Efforts to Reduce Prison Population, by David Reutter
- Report on Prison Privatization Plagued with Political Connections, Conflicts of Interest, Faulty Data
- Habeas Hints: Certificate of Appealability, by Kent A. Russell
- $315,000 Settlement in Illegal Arizona Police Strip Search
- Salt Lake County Agrees to Pay $75,000 to Settle Jail Suicide Suit
- 50,000 Illinois Felons Released Without DNA Collection
- California Jail Detainee Attacked by Cellmate, Family Accepts $1.85 Million, by Michael Brodheim
- Book Review: Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America, 336 pp, Yale University Press, $27.50, by Amy Vanderwarker
- Georgia’s Privatized Probation System Traps the Poor, by David Reutter
- Judge Finds Unconstitutional Conditions at Massachusetts Jail, 11 Years After Suit is Filed, by Brandon Sample
- Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole, by John Dannenberg
- Report Details Societal Effects of High School Dropout Rates – Including Incarceration, by David Reutter
- $1,500 Settlement for Wisconsin Prisoner’s Cold Cell Conditions Claim
- California: Budget Cuts Target Rehabilitation Programs, by Michael Brodheim
- Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out, by David Reutter
- $2,750 Settlement in California Prisoner’s Denial of Exercise Claim
- Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company
- NACDL Releases Report on U.S. Drug and Mental Health Courts, by Matthew Clarke
- PLN Prevails in Public Records Suit Against GEO Group, by Alex Friedmann
- Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action
- Virginia Sheriff Sentenced to 19 Months on Corruption Charges
- Prison Psychologist Shoots Ex-Prisoner Boyfriend, Loses Her License
- Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees
- Oregon Prison Officials Treat Heart Failure with Antacid, Tylenol, Heat Pack, by Mark Wilson
- BOP Agrees to Pay $30,000 to Prisoner Assaulted by Guards
- New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail, by Michael Brodheim
- Oregon Youth Authority Warden Gives Agency a Black Eye
- U.S. Attorney Nominees Involved in Hiding Court Records, by David Reutter
- $60,000 Settlement in New York Jail Captain’s Assault on Prisoner
- California: Furloughing Prison Employees Costing Taxpayers More, by Michael Brodheim
- Sixth Circuit: Shy Bladder Suit Returned to District Court
- Florida Prisoner Exonerated by DNA After Serving 35 Years, by David Reutter
- Being in Unauthorized Jail Area Without Escape Intent Not a Crime in Indiana
- Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA
- Ninth Circuit Holds Prosecutors Immune for Parole Recommendations, by Mark Wilson
- New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling
- Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard
- Federal Circuit Rejects Prisoner’s Claim of Copyright Infringement
- DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal
- Summary Judgment Reversed in Illinois Jail Suicide Suit
- California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection
- Reversal of Summary Judgment on 55-Day New York SHU Placement Claim
- Mental Health Specialist May be Liable in California Jail Detainee’s Suicide
- New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague
- No Liberty Interest Under Utah Parole Scheme
- No Qualified Immunity for Excessive Force at Ohio Jail
- Sixth Circuit: RLUIPA Does Not Permit Monetary Damages
- Ineffective Attempts to Protect Texas Prisoner Were Sufficient
- No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner
- Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial
- New York City Jail: $275,000 Settlement in Prisoner-on-Prisoner Assault
- California: Prison Appeals Coordinator Who Rejected Dental Complaints Held Liable for $1,500 in Damages
- News in Brief:
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Conviction Tossed for Former Alabama Prisoner Paroled After 42 Years, July 1, 2026. Sex Offender Registration, Wrongful Conviction, Forensic Sciences, Eyewitness Identification, Brady Rule violations.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- New York Governor Appoints Ex-Prisoner to State Oversight Role, July 1, 2026. Classification, Misconduct/Corruption, Conditions of Confinement, Prison Legal News documents, Prisoners' Rights.
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- San Diego Guard Who Fatally Shot Fleeing Detainee Sentenced to 12 Years in Prison, July 1, 2026. Police Misconduct, Shootings, Excessive Force (Wrongful Death), Excessive Force (Police), Wrongful Use of Force.
- Florida Supreme Court Announces “Results” of Postconviction DNA Testing Under § 925.11 Include Underlying Testing Data Necessary for Expert Analysis, Holding That No Additional Burden Applies Once a Motion for Testing Has Been Granted, June 1, 2026. DNA Testing/Samples, Disclosure of Records, Public Records, Forensic Sciences, Scientific Testimony or Evidence.
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence, Evidence - Admissibility, Claim of Innocence.
- Jury Awards Over $24.4 Million to Kentucky Prisoner Exonerated After 22 Years, Bringing Total Payout for Him and Co-Defendant to Almost $45 Million, June 1, 2026. Police Misconduct, Wrongful Conviction, Monell Liability, Fabrication of Evidence, Failure to Disclose.
- Sixth Circuit Upholds $10 Million Wrongful Conviction Verdict for Exonerated Michigan Prisoner, June 1, 2026. Wrongful Conviction, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Absolute and Qualified, Damages - Compensatory, Failure to Disclose.

