After a lengthy court battle, the State of Oregon and Earl Bain have finally reached a settlement. Bain, who was wrongfully convicted of a crime and subsequently pardoned by the governor after spending six years behind bars, will receive approximately $340,000 as part of the agreement reached on April 25th.
Under a newly passed law in 2022, individuals who were wrongly convicted can sue the state for compensation. For the man in question, this means he can receive up to two-thirds of the maximum amount allowed by the law.
To receive the full amount, Bain would have needed to prove his innocence in court with a “preponderance of evidence.” Unfortunately, this has been a difficult feat to achieve, causing frustration among supporters who believe the state is impeding justice for victims. The Huffington Post published a detailed article on Bain’s case towards the end of last year.
According to the Oregon Innocence Project, who represented Bain in this case, they stated that despite Bain’s frustration and disappointment that the attorney general’s office disregarded the governor’s declaration of his innocence and used his compensation request as leverage, he ultimately gave his attorney permission to seek a settlement. The organization further stated that this outcome was the most favorable possible for Mr. Bain.
In 2022, a bill was passed that sought to compensate those who were wrongfully convicted. The bill, which was championed by Bain, an Army veteran who served in Afghanistan, proposed to pay $65,000 per year for the time served in prison and $25,000 per year for the time spent on parole.
Back in 2009, a Malheur County panel convicted Bain of sexually abusing his daughter, although not all members of the panel were in agreement. However, things took a turn in 2015 when his daughter changed her story, leading to a rare pardon from Governor Kate Brown, who stated that Bain was “actually innocent.”
According to Bains, the financial compensation cannot undo all the hardships that he and his family have faced due to his conviction. However, it can aid them in rebuilding their lives.
Source:Â Wweek
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