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DNA evidence clears wrongly convicted man
Posted: 11.25.2008 at 5:50 PM
Lisa Spitz

Lisa Spitz anchors Today in Central New York.

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Steven Barnes
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UTICA, ONEIDA COUNTY -- There were tears and cheers in Oneida County Court on Tuesday. After spending nearly 20 years in prison, Steven Barnes is a free man. A judge overturned his conviction for the 1985 murder and rape of 16-year-old Kimberly Simon. Both attended Whitesboro High School. Through the years Barnes has always maintained his innocence.

"I'm overwhelmed, it's the happiest day of my life. I've waited for this for 20 years," Barnes said.

Barnes says he never gave up hope and knew this day would come. His conviction was vacated based on new DNA evidence, because his DNA did not match what was found on the victim. Barnes worked with the Innocence Project, co-founded by Attorney Barry Scheck, who gained national fame during the O.J. Simpson murder trial. The project in turn worked with the Oneida County District Attorney's office.

"If this technology existed in 1985, Mr. Barnes would never have been arrested," said Oneida County District Attorney Scott McNamara.

Barnes says he has not yet decided whether to file a lawsuit over his wrongful imprisonment. He is just looking forward to Thanksgiving and for the first time in years, spending it with his family. Barnes is now 42, and says he's going to take it day by day and put the past behind him.

Barnes says he has no idea what happened to Kimberly Simon. That investigation continues. Investigators have begun comparing the DNA findings with national databases. They've also created a multi-agency task force to reinvestigate.

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