I've nothing too significant to add to the social justice success that occurred yesterday in Polk County, where after 35 years spent in jail for a rape he did not commit, James Bain was released from custody.
He was freed on DNA evidence that was researched and worked on by the Innocence Project of Florida.
I was nowhere near Polk County yesterday, but the stories about Bain reminded me about the case of St. Petersburg's Alan Crotzer, who was released after being unfairly incarcerated for 24 years back in January of 2006. I attended the news conference that Crotzer held when he released – it was an incredible moment. One can only imagine what it was like for Bain's family yesterday.
In the wake of this news, hopefully the Florida Supreme Court will respond affirmatively to the petition that 67 Florida attorneys signed and turned last week, asking for the Court to form a commission to suggest ways to reduce wrongful convictions.
As reported in the Jacksonville News-Union last week:
The petition, filed Friday in Tallahassee by former Florida State University President Talbot D’Alemberte, asks the state’s highest court to create the Florida Actual Innocence Commission. It would investigate circumstances of cases where innocence has been demonstrated and develop recommendations for reforms.
The petition cites 11 individuals it says were wrongfully convicted in Florida courts, including Chad Heins, who spent 13 years in prison for murdering his sister-in-law in Mayport. He was released in 2007 based on new DNA tests, though Duval County prosecutors stopped short of exonerating him and could re-indict him if new evidence comes to light.
It remains to be seen what the Court will do – but something needs to be done to address the Bains, Crotzers and Wilton Dedge's who spend decades in our justice system for crimes they did not commit.
This article appears in Dec 16-22, 2009.
