RALEIGH -- A former Marine falsely imprisoned for rape was pardoned yesterday by Gov. Mike Easley after a second round of DNA testing showed he was innocent.
Lesly Jean, 41, of New York City served nine years in state prison after he was convicted of the 1982 rape of a Jacksonville woman. Jean was released from prison in 1991 after a federal appeals court overturned his conviction.
Jean's reaction was "tears of joy," said one of his attorneys, Richard Glazier, of Fayetteville. Jean was in New York when he heard the news.
"He was completely overcome," Glazier said. "Having fought this battle for 18 years and now having everyone understand and having the governor say he was innocent makes him the happiest man I know."
The pardon means Jean could be eligible for a maximum of $150,000 in compensation from the state for wrongful imprisonment. Glazier said the full amount would be sought in filings next week with the N.C. Industrial Commission.
"Lesly Jean was forced to pay a debt to society he did not owe," Easley said.
"While the state can never give him back the years of freedom he lost while behind bars, this pardon of innocence fully exonerates Mr. Jean for the crime and makes him eligible for financial compensation."
Jean's attorneys asked Easley last month for the pardon after one DNA test showed he wasn't the rapist. The governor's pardon came after a second DNA test was performed this week at the request of the district attorney for Onslow County.
The pardon was the first of Easley's administration. Before he left office Jan. 6, former Gov. Jim Hunt granted 39 pardons, ranging from people who were convicted of tax evasion and violating the state bingo law to drug violations and kidnapping.
Easley asked the state attorney general to check DNA databases to determine if evidence left by the attacker could be linked to another person.
At his trial, it was revealed that hypnosis was used to help the victim and a police officer identify Jean. Jean was arrested after the Jacksonville police chief saw him in a doughnut shop and thought he matched the rape victim's description of her attacker.
Jean was convicted despite testimony from four witnesses who said that he was on base at the time of the rape. He was released from prison in 1991 after a federal appeals court said prosecutors wrongfully concealed the hypnosis.
Since his release, Jean has tried to establish his innocence and lives in the Bronx with his wife and family. A native of Haiti, Jean said earlier this year that the Marine Corps was his dream come true and that he hasn't been able to find lasting work since his release.
Jean's dishonorable discharge from the Marines has been changed to honorable, allowing him to get Veterans Administration benefits for post-traumatic stress syndrome.