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Dr. Bain

Transcript: Became part of the St. John Fisher college faculty in 1975. He twice received the College's Award for Teaching Excellence Dr. Bain held positions as associate and full professor, History Department Chair, Dean of Faculty, Provost and Dean of the College, Vice President for Administration. Path to Presidency President of St. John Fisher College Interested in history and law- went on to obtain both a bachelor's and master's degree. Was later awarded his Ph.D. from The State University of New York at Buffalo. Served in the U.S. Navy as a member of the combat aircrew. Is now a U.S. Vietnam veteran Relevance Path to Presidency Dr. Bain acted as a research assistant at Columbia University. He was also awarded an NEH fellowship at Yale and received a graduate certificate in educational management from Harvard, He is a specialist in 20th Century American National Security- he also has been a Visiting Scholar at the Defense Intelligence Agency and has held a senior appointment in the Military Strategy Division of the Department of Defense. Dr. Bain was elected to four terms as a Town Justice in Williamson, New York. He is a member of the New York State Magistrates Association. Dr. Bain was named President of St. John Fisher College in September of 2004. Dr. Bain Path to Presidency Dr. Bain is a large part of each of us and our education at St. John Fisher College. By attending this college, we are supporting the philosophy of education that this college and Dr. Bain represent. Dr. Bain is very much like Aristotle. Aristotle placed great emphasis on balancing the theoretical and practical aspects of subjects Dr. Bain agrees with this- he believes that the college experience is one that matures students into adults through many aspects beyond the classroom. Additionally, Aristotle focused very heavily on virtue. Dr. Bain also focuses on virtue by subscribing to the motto of the college: "teach me goodness, discipline, and knowledge."


Transcript: Victim described rapist: a mustache bushy sideburns aprox. 17 or 18 claimed his name was "Jim" or "Jimmy" In 2001, a Florida statue made it possible to retest certain cases. Bain asked 5 times and the court denied all 5 cases. The INNOCENCE PROJECT then helped Bain get a post-conviction DNA testing. The DNA came back negative. Bain was convicted of rape, burglary, and kidnapping based mostly on the police lineup. A man with not a scratch on his criminal record, was sentenced to life in prsion Forensic Science used... James Bain is no Bane... :D On December 17, 2009, Judge James Yancey released Bain after 35 years wasted in prison. Sources Post Conviction DNA testing on the semen on the victim's underwear DNA testing on Bain's jockey underwear Blood testing Police investigation Only Bain and one other suspect had sideburns in a police lineup FREEDOM! Wrongfully Accused Victim's uncle thought it sounded like a student of his and took Bain's student file for a picture JAMES BAIN. The trial occurred, however, before DNA testing was available, so Bain could not be definitively tied to the semen found on the victim's underwear the American who spent the most time in prison for a crime he did not commit. Bain claimed he had been home watching TV with his sister to be his alibi but the police didn't buy it and arrested him March 4, 1974 On a quiet night in Lake Wales, Florida, a nine year old boy was lifted from his bed, dragged out the window, forced into a nearby baseball field and brutally and forcibly raped. The man convicted: James Bain Police collected Bain's jockey underwear and sent it to the FBI to be tested

Alexander Bain

Transcript: WHO: Lived 1818-1903 Educated in Aberdeen, Scotland Studied at Marischal College Chair of moral philosophy at Marischal College (1841-1843) Good friend of John Stuart Mill WORKS: "The Senses of the Intellect" (1855) "The Emotions and the Will" (1859) proposed that traditional psychology could be expressed with reference to the laws of association both physiological and psychological processes were linked introduced a new classification of the mind: as consciousness, thought and action "English Compostion and Rhetoric" (1866) ERA THEMES: Development of instruction in composition Transition of speaking to writing Instruction in technical subjects and vernacular Vernacular= shift in language instruction toward grammar and mordern literature, and away from Latin and rhetoric Writing > Speaking Used as a pedagogical tool and practical expression of knowledge Analysis of style and usage emphasizing economy and recommending use of images for effect Personal Themes: Treat psychology in relation to physiology (works) Theory of Written composition adapting of associationism, and physchological pyschology theories to identify specific mental operations (descrimination, retentiveness, and agreement) Brings theories together through contrast, contiguity, and similarity Modes of discourse for future textbooks description narration exposition persuasion Quotes: "The most essential nature of a sentient being, which is to move to pleasure and from pain" "The arguments for the two substances [mind and body] have, we believe, entirely lost their validity; they are no longer compatible with ascertained science and clear thinking. The one substance, with two sets of properties, two sides, the physical and the mental—a double-faced unity—would appear to comply with all the exigencies of the case" "Instinct ins untaught abilility" "Superior intellect is a large development of the faculty of association by similarity." Quotes from Work: "The command of language is a grand total, resulting from the practice of life" "In speaking there are three prinicpal ends- to inform, to persuade, and please ALEXANDER BAIN

David Bain:

Transcript: Compensation Prosecutorial Misconduct Prosecution's approach to criminal cases Facts Accepted at trial that the bloody sock-prints were David's Subsequent forensic testing raised doubt about this Robin or David? Controversy All victims were killed using David's .22 calibre Winchester semi-automatic rifle The Honourable Ian Binnie was commissioned by NZ Justice Minister Simon Power to examine Bain's application for compensation His report recommended that Bain be compensated The rifle was kept in David's wardrobe and had been unlocked using David's hidden spare key "The only family survivor is the claimant, David Bain. Apart from his testimony the case is almost wholly circumstantial." Laniet's Gurgling Failure to test for firearm discharge residue Pathologist denied entry to house for several hours after discovery of bodies Date and time function on camera Skin samples surrounding gunshot wound not preserved Lack of synchronised watches Destruction of Bain family home Det Sgt Weir destroying evidence prior to appeal Loss of 2nd witness statement Deliberate non-disclosure of correct time on computer Opthalmologist retracted statement Errors of Law The Crown's presentation of assumptions and partially contradictory evidence at trial revealed a cavalier attitude towards the case Treated the facts as though it was an open-and-shut case How often does the Crown present circumstantial evidence as fact in criminal trials? There was a struggle in Stephen's room Judge acts as a gatekeeper in a jury trial Determines what evidence the jury hears and does not hear There is potential for key exculpatory evidence to never make it before the jury Despite the fact that the Justice Minister specifically chose an overseas judge to examine the application, the government reacted negatively to Binnie's report The new Justice Minister ordered a peer review, which concluded that Binnie "went beyond his mandate" The report was originally not released to Bain's legal team Following a public spat between Binnie and the Justice Minister, the report was released Bain has still not been compensated. Stephen had been choked in addition to being shot Police Misconduct Forensic Failures Prosecutorial Misconduct Defence Failures Errors of Law "...when you look at the position of the magazine near [Robin's] right hand, the fact that it is standing on its edge, is explainable logically only by being put there rather than having fallen...if it had fallen, it would have fallen on its side." The Crown presented the above as the only logical explanation of the position of the magazine, despite other evidence This was used by the Crown to rule out a suicide A glasses lens was found in Stephen's room The Crown alluded to Bain's statement that he had heard Laniet emitting a gurgling noise upon discovering her body This was presented as evidence that he must have been the murderer, despite other possibilities "Only one person could have heard Laniet gurgling...that person could only have been the murderer." Attack on credibility: ownership of glasses David's bloody fingerprints found on the rifle Subsequently suggested that the blood may not have been human May 1995: Original Trial (Justice Williamson) December 1995: Appeal to the Court of Appeal (Cooke, Gault, Thomas JJ) April 1996: Leave to appeal to Privy Council denied December 2000: Petition to Governor General for "Mercy of the Crown" (Justice Minister Phil Goff) Robin's Mental State Whodunnit? At least some of the clothing in the washer belonged to David Blood, particularly from Stephen's room, had been tracked around the house Robin's fingerprints not found on the murder weapon The fibres underneath Stephen's fingernails from David's sweater David's unexplained injuries The rifle was found next to Robin's body along with a cartridge Way in which jury was advised New Zealand's response The defence failed to present evidence to the jury of Robin's mental state This was despite evidence that he was quite seriously disturbed and depressed The jury would have considered him quite normal in contrast to David, especially in response to the Judge's question: "who did it? David Bain? Robin Bain?" Failure to submit this evidence at trial amounted to a miscarriage of justice Police Misconduct Conclusion "It is my opinion that the egregious errors of the Dunedin police led directly to wrongful conviction..." If not for the intervention of an outsider, Bain would have remained in prison Joe Karam Privy Council Hon. Ian Binnie New Zealand's institutions alone would not have allowed for his exoneration Bain asserted that he was the only person who knew of the existence and whereabouts of a spare key to the trigger lock This statement was presented by the Crown as fact, pursuant to three assumptions which could be easily rebutted These rebuttal points were not considered at trial Dean Cottle's evidence not admitted ? Bloody fingerprints David completed the newspaper delivery route Bloody sock-prints The

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