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Sunday, March 21, 2010   43º F

Updated 11/26/2008 06:17 AM

Barnes goes free

By: Iris St. Meran

Barnes goes free
UTICA, N.Y. -- It was at this moment that Steven Barnes of Marcy became a free man. He was 23-years-old when he was convicted of raping and murdering Kimberly Simon, also of Marcy. Her body was found in the Town of Whitestown four years earlier when she was just 16. But Tuesday, Barnes' conviction and sentence from 1989 was vacated.

"I felt overjoyed. Long day coming. I wanted to break down and cry but I held some of it in, but it's hard to put into words you know," said Barnes.

And words can't quite describe the emotion that filled the courtroom upon his release. To get to this moment, Barnes had to rely on modern day technology. The Innocence Project conducted DNA tests in 1996, but the results were inconclusive. More than 10 years later, another round of testing the victim's clothing showed Barnes' DNA wasn't there.

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"With the new DNA test, it's more sensitive. It's why DNA tests were able to get a result in 2008," said Innocence Project Co-Director Barry Scheck.

"I'm so thankful, I'm like on cloud nine. I always knew he was innocent. DNA is God's signature and today everybody knows he's innocent," said Barnes' mother, Sylvia Bouchard.

A lot has changed since Steven Barnes went into prison. He'll have to learn to do things most people know how to, like use a cell phone.

"I just used a cell phone over here, somebody wanted to talk to me, it was weird," Barnes said. "Modern technology, I'll have to adjust to it. We don't have those things. It was a letter and a stamp, that was it and a piece of paper. We wrote letters."

Barnes says he wants to get accustomed to life in the outside world.

As he left the courthouse, he breathed in the air of freedom. He's not sure what's next for him. He's just happy to spend time with his family.

Barnes is entitled to compensation from the state for being wrongfully convicted. He isn't sure at this time what action he will take.

As for the District Attorney's office, DA Scott McNamara personally delivered the news to the victim's family that Kimberly Simon's killer is still out there. Right now, his office is getting all of the evidence back and sending it to the New York State Police Crime Lab and the case has been re-opened.