DNA finding raises questions about how rape case was handled

By AP | Last updated: Jan 1, 2010 - 2:33:34 PM

Family members and friends greet James Bain, center, outside the Polk County Courthouse, Dec. 17 in Bartow, Fla. Bain was released after spending 35 years in prison for a 1974 rape conviction when new DNA evidence exonerated him. Photo: AP Wide World Photo/Steve Nesius

There are many questions surrounding the case of 54-year-old James Bernard Bain, the Polk County man who was exonerated by new DNA evidence in his 1974 rape conviction.

How could an innocent 19-year-old be convicted of raping a 9-year-old boy? Why did the 9-year-old identify Bain as his attacker? Is the real rapist still out there?

The 1974 case centered around semen samples taken from the underwear of the victim. According to the Innocence Project of Florida, a group that fights to exonerate innocent prisoners, new DNA tests show those semen samples are not from James Bain.

Still, current State Attorney Jerry Hill says to put science aside for a second. The original trial didn't have the luxury of current technology and was handled appropriately.

“This case appeared to be tried, properly tried. He was well defended,” Mr. Hill said.

Ed Threadgill was the original prosecutor on the case back in 1974. He's now 78 years old and living in Winter Haven. He says he doesn't recall many of the details of the 35-year-old case, but what he does remember is that the victim identified James Bain as the rapist.

What the Innocence Project and Mr. Bain's family wonders is whether investigators or one of the victim's family members planted the idea of Mr. Bain as the assailant in the victim's mind.

According to a deposition with the victim, which was taken in May 1974, one of Mr. Bain's defense lawyers asked the boy, “Do you know for sure whether or not it was Jamie Bain or did your uncle say ‘It sounds like Jamie Bain?'”

The victim responds: “No. Did I say that? Because he didn't say that.”

Later in the deposition the defense lawyer asks, “Did he tell you he was the one who did it?”

“No,” the boy responds.

“Could you be mistaken?” asks the attorney.

“Yes, sir.”

“You could be mistaken?”

“Yes, sir.”

James Bain's family says he's always maintained his innocence. He was freed by a judge on Dec. 17, 2009. (AP)

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