Innocence assured, man freed from prison after 35 years

BARTOW - A Polk County man, whose teenage rape conviction was overturned by DNA testing, walked out of prison a free man today after 35 years behind bars.

Jimmy Bain -- wearing a T-shirt that read "not guilty" -- said he was feeling "fine" as he got his first taste of freedom outside the Polk County Jail this morning. The first thing he did was take a phone call from his 77-year-old mother.

"I'm going home with my family," Bain told reporters, "and I will stay in touch with my lawyers."

Bain was arrested when he was just 16 years old after investigators said he took a 9-year-old Lake Wales boy out of his bed and sexually assaulted him.

Bain has maintained his innocence since his conviction in 1974, and his family said he's requested DNA testing for years.

Court-ordered testing finally done in conjunction with the Florida Innocence Project showed evidence left at the crime scene did not match Bain's DNA.

Bain's attorneys hoped he would be granted a limited release this morning, but just before the hearing, FDLE investigators finished last-second tests and ordered his unconditional release.

His attorneys credited state and local officials with working quickly to speed up Bain's release.

"We're a little bit surprised and elated with this result today," explained Seth Miller, director of the Florida Innocence Project.

After leaving the courthouse, Bain was driven to his mother's house in Tampa. She told FOX 13 that she has been getting ready for him to come home for the last two years -- she had fixed up his room, and put the house and the car in his name.

Bain said he got through the 35 years "one day at a time" but he hadn't had a chance to think about what he's going to do with his new-found freedom.

"I'm gonna leave that up to the Lord," he added.