Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

DNA tests mean Bain could be released Thursday in 1974 Polk County rape case

Attorneys for the Innocence Project of Florida said Tuesday that they will request the release of James Bain at a hearing Thursday.

Bain has spent 35 years in prison for the rape of a Polk County child that new DNA results show he did not commit.

"We're happy to report that we're working well with the public defender and the Innocence Project of Florida to do what's appropriate," said Polk County Assistant State Attorney Chip Thullbery.

Bain is being moved from the Okeechobee Correctional Institution to the Polk County Jail for the hearing.

"We are pleased that the state has acted so diligently in working with the public defender and the Innocence Project of Florida to make sure James Bain gets home before Christmas," said Innocence Project executive director Seth Miller.

If all goes as expected, Bain should be released with conditions by Thursday afternoon. The terms of Bain's possible release are still unclear.

In 1974 in Lake Wales, a 9-year-old boy was lifted out of his bed while sleeping. He was taken by a man he described as "17 or 18 ... with bushy sideburns who said his name was Jim" to a nearby baseball diamond where he was raped. When he returned home and described the rapist to his uncle, his uncle commented that it sounded like "Jimmy Bain."

Upon hearing of the DNA results and the upcoming hearing, Bain's 1974 prosecutor Ed Threadgill said this: "It appears a terrible injustice has been done. It's too bad we didn't have DNA testing back then. It would have saved a lot of people a lot of misery."

Times researcher Caryn Baird contributed to this story.

DNA tests mean Bain could be released Thursday in 1974 Polk County rape case 12/15/09 [Last modified: Tuesday, December 15, 2009 10:54pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times

    

Join the discussion: Click to view comments, add yours

Loading...
  1. After offseason of work hard, play hard, DeSean Jackson ready to produce for Bucs

    Bucs

    TAMPA — There's no telling what DeSean Jackson will do once he gets a football in his hands. Perhaps that's why a camera crew followed his every move Wednesday while the Bucs' new $30 million receiver stood on a step of the hot tub that empties into a spacious, azure pool at his new, sprawling five-bedroom home in …

    DeSean Jackson jokes around with girlfriend Kayla Phillips at their Tampa home as a crew from HBO’s Hard Knocks documents their day.
  2. Trump announces $10 billion Foxconn plant in Wisconsin

    Politics

    WASHINGTON — President Donald Trump said Wednesday that electronics giant Foxconn will build a $10 billion factory in Wisconsin that's expected to initially create 3,000 jobs, the largest economic development project in state history.

    President Donald Trump embraces Wisconsin Gov. Scott Walker in the East Room of the White House during an announcement Wednesday that Foxconn is going to build a plant in Wisconsin.
  3. Playoff chase heats up for Rays with key series at Yankees up first (w/ video)

    The Heater

    ST. PETERSBURG

    It was important that Evan Longoria crushed a two-run homer in the sixth inning Wednesday and Steven Souza Jr. blasted a solo shot off the farthest catwalk an inning later.

    Adeiny Hechavarria (11) and Tim Beckham (1) celebrate the double play to end the top of the sixth inning. [WILL VRAGOVIC   |   Times]
  4. Conservatives come to Sessions' defense amid Trump attacks

    Politics

    WASHINGTON — Congressional Republicans and influential conservatives rallied around Attorney General Jeff Sessions on Wednesday as President Donald Trump kept up his public pelting of the nation's top law enforcement officer and left his future in doubt.

    Attorney General Jeff Sessions
  5. Jones: Alex Cobb proves again why he's Rays' stopper, no matter how long he's here (w/ video)

    The Heater

    ST. PETERSBURG

    If a team hopes to hang around the pennant race, it better have an ace. A stopper. A pitcher it can count on every fifth day to stop the bleeding, keep a winning streak going or flat-out win a game that a team flat-out needs to win.

    Rays starting pitcher Alex Cobb (53) throwing the first inning. [WILL VRAGOVIC   |   Times]