Steven Barnes freed after 20 years in prison for 1985 murder

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Steven Barnes freed after 20 years in prison for 1985 murder

Steven Barnes smiles among friends and family in the ceremonial courtroom of the Oneida County Courthouse. Barnes was freed Tuesday after 20 years in prison for a crime he did not commit. (Earl Davis/WKTV)

By JOLEEN FERRIS

UTICA, N.Y. (WKTV) - He spent nearly 20 years in prison for a murder he didn't commit. On Tuesday, Steven Barnes, of Marcy, is free.

An Oneida County Judge vacated Barnes' conviction and sentence Tuesday, citing a joint motion by the Oneida County District Attorney's Office and The Innocence Project.

The "not for profit" re-examines convictions using advances in DNA technology.

Many people still remember the murder of 16 year-old Kimberly Simon in Whitestown back in 1985, and many of them were in court to see Steven Barnes, a man whose innocence they say they never doubted, set free.

One of the first things Judge Michael Dwyer did Tuesday was ask court security to remove Steven Barnes' handcuffs and shackles.

That's about when Barnes' mother and sister began quietly crying, as the judge had cautioned against any outbursts of emotion.

Steven Barnes' family was in court, as were many of his friends and neighbors.

Barnes is free because The Innocence Project took on his case and, using advances in DNA technology, was able to exclude Barnes' DNA from DNA found on victim Kimberly Simon.

Barnes has missed a lot in 20 years - he knows nothing about cell phones, the internet, and his home and hometown look completely different.

He talked about adjusting to his new found freedom.

"For 20 years I had people telling me what to do, telling me to lock in, telling me to go to chow, telling me go here, telling me to get off the phone," Barnes said. "I spent almost 20 Christmases in jail, I used to be locked in Christmas Day."

Barnes' friends, who visited him in prison, were in court Tuesday to welcome him home.

Attorney Barry Scheck, who rose to international fame defending OJ Simpson on charges he murdered his wife, founded The Innocence Project and was in Oneida County Court Tuesday to see Barnes set free.

First stop Tuesday was for a big steak dinner at Delmonico's in North Utica.

Then, Barnes will be welcoming family and friends at their home in Marcy.

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Tuesday, Dec 2 at 11:06 PM concerned wrote ...

Let's not forget all those who investigated this crime.I wonder how they are feeling now knowing they were responsible for putting the wrong man away for twenty years. How do they sleep at night? Maybe some of them could sued for incompentance.

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Wednesday, Nov 26 at 1:51 PM Wboro wrote ...

Alll the memories he would have made are lost.. never to be.... Millions of dollars can't buy his 30's that will never happen. GONE... poor guy had no idea what a cell phone is... put a price on that.

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Wednesday, Nov 26 at 1:43 PM jm wrote ...

its a shame this man never had the opportunity to have or start his own family now what does the da and judge from the case suggest for him to do now? its horible for both of these families gods speed to both victims families here. may the young lady rest in peace and good luck in the rest of steves life.

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Wednesday, Nov 26 at 1:35 PM sharon wrote ...

I live in Ohio but I am formerly from NY...I remember this case...I felt along that he didn't do it. I'm glad that finally he has been exonerated. I do hope some how that the person that is at fault will be brought to justice.

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Wednesday, Nov 26 at 12:33 PM I really hope that .. wrote ...

He will sue the The Judge The DA Their witness and the Jury people everyone who helped put him in jail for all them years they all need to pay big time how can any of them people walk around thinking that they messed up and this poor man spent the last 20 years in jail for something he didnt ever do just night right all them people need to be sued for all that they have. Its going to be hard for Steven to get back on track but he will so it, all the others just makes me sick to think they did th

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Wednesday, Nov 26 at 12:21 PM Carolina Gonzalez wrote ...

I am so happy one more innocent person has been exonarated. It gives me hope my husband Gabriel Gonzalez, innocent on TX death row, and going soon for a new re-sentencing after 14 years, will be home soon. Unfortunately this case is not uncommon because the freedom of a person depends on how good/expensive their attorneys are and what is their racial and social background. Steven I am so happy for you and your family!

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Wednesday, Nov 26 at 10:34 AM Anonymous wrote ...

If that were me, I'd sue the state for a million bucks per year. I guess the plea bargins didn't work in his favor.

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Wednesday, Nov 26 at 10:22 AM Oh Really wrote ...

Everyone is quick to blame the cops and the DA... Well how about Steves Lawyer at the time, did he do a good job representing him. DNA came back excluding him from the sample, dosent mean that he doesnt know something or was part of it. We all should wait to hear the rest of the story before we judge anyone. I do wish him good luck and hope that he was not part of this brutal crime. But Jurors and his own lawyer are just as responsible for the conviction.

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Wednesday, Nov 26 at 7:23 AM Wboro wrote ...

Hey lets post the names that were on that jury. Let them spend a week in prison let alone jail. Get a taste of what they did to Steve and his past 20 years. Typ jury that played on the emotion of the case.

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Wednesday, Nov 26 at 7:15 AM Wboro wrote ...

Welcome home Steve. Typicial Oneida County Cluster Job. Enjoy your freedom. Get a good lawyer and get your millions Oneida County owes you.Thats just for the pain and suffering to you and your family.

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Wednesday, Nov 26 at 3:22 AM Lance wrote ...

I always believed you were innocent. The system needs to be POSSITIVE they got the correct person. But I've sat on the GrandJury and all the DA's care about is getting someone convicted. THAT'S THEIR JOB. They can sale talk everyone into believing a person is guilty. That's a big star on their chest. Why do you think there's so many innocent people in jail? Because of the proof or evidence?

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Wednesday, Nov 26 at 1:31 AM Anonymous wrote ...

I don't know you Steve but I have always believed in your innocence. I can't even begin to imagine the hell you have gone through over the last 20 years. I hope that the you only have happy days ahead of you with the loving support of your family & friends by your side. You said that you've spent the last 20 Christmass in jail...well not this one...enjoy and may God bless you!!!

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Wednesday, Nov 26 at 12:05 AM Anonymous wrote ...

I wonder how anyone that had anything to do with convicting this man can sleep at night? This is terrible, that so many lives have been destroyed for so long! And the (person or persons?) that did this horrible crime have been free all this time!

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Tuesday, Nov 25 at 9:52 PM Justice wrote ...

Welcoem home!! AND why did the judge "warn" against emotional outburst. After 20 years shouldnt his family be allowed to shwo there emotion. THIS county owes you big !!! Make them pay !!

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Tuesday, Nov 25 at 8:32 PM E.W. Rachon wrote ...

Welcome Home Steve;I agree with Mr. Bean. Get yourself a GOOD LEGAL REP.The Judge,The DA,Their witness all OWE YOU 20 Years GO-GET-EM Each and every one should get 20 for starters..... SIC-EM

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Tuesday, Nov 25 at 7:00 PM Daina Bennett wrote ...

I have't seen you since highschool but I have only fond memories of you in home room and in classes.Always such a gentle soul.I still maintain a friendship with your sister so I've been informed of the circumstances through out this whole nightmare.I can't even express to you the strength you potray .Although it will be an adjustment,you will shine and learn how mant people support you and believed in you.Welcom e home

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Tuesday, Nov 25 at 5:39 PM Anonymous wrote ...

Remember this tragic story as if it was yesterday. I hope they catch the person that committed this crime. Although I am happy for Steven and his family, the Simon family now has to face the fact that their daughter's killer is still out there and justice was definitely not served. Who were these "witnesses"? What about the evidence that the victim was in his truck? Was he was there, but did not commit the act? Does Steven know who did this?? So many unanswered questions....

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Tuesday, Nov 25 at 4:56 PM Lyn wrote ...

Welcome home Steve! Best wishes for happiness in your future--you will now be spending this Thanksgiving & Christmas in a place you WANT to be! Enjoy your Holidays with your family and friends :)

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Tuesday, Nov 25 at 4:12 PM Ed wrote ...

Remember Mr. Barnes the next time society clamors for another rush to judgement. A happy ending to a tragic error of the judicial system.

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Tuesday, Nov 25 at 4:02 PM Spouting wrote ...

Dont know you but welcome home.

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Tuesday, Nov 25 at 3:13 PM Anonymous wrote ...

How do you give someone back 20 years of their life? I dont know this family but my heart goes out to them. Welcome home Steven. I wish you good luck and happiness in the future. You certainly deserve it.

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Tuesday, Nov 25 at 3:02 PM Congrats and just wondering wrote ...

First of all I want to say I don't know this man, I was only 5 but I am glad to hear he was released, there are many more that are innocent and in jail. I was just wondering if the DNA can now be used to trace the system for matches. Enjoy your family and life, good luck!

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Tuesday, Nov 25 at 2:33 PM Adam wrote ...

God bless Steve Barnes and his entire family

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Tuesday, Nov 25 at 2:25 PM Anonymous wrote ...

Welcome home!!!!!! Now you can make a difference in the lives of others!!!! You deserve every happiness...may God bless. Happy Thanksgiving!!!!

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Tuesday, Nov 25 at 2:04 PM GOOD NEWS! wrote ...

Welcome Home Steve! There are no words anyone can say to you right now other than enjoy your family and friends and live life to the fullest right now! Have a Happy Thanksgiving!

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Tuesday, Nov 25 at 1:51 PM Anonymous wrote ...

Welcome Home, Steve Welcome Home. Your exoneration gives me hope on a current case with an innocent child that the DA'S office won't make the same mistake twice.Today is the first day of the rest of your life,enjoy it

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Tuesday, Nov 25 at 1:45 PM tropicalbaby31@yahoo.com wrote ...

It's been a long time coming! Welcome home. It's about time the justice system has caught up with the 21st century.

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Tuesday, Nov 25 at 1:45 PM Friendly Face wrote ...

Welcome Back Home! Steven try to go forworth now,it won't be easy. 20 yrs. is a very long time to wait for justice but your free now. Good Luck.. And Happy Holidays to you and your family. Enjoy them.

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Tuesday, Nov 25 at 1:33 PM beth wrote ...

welcome home! just in time for thanksgiving with your family. I feel so bad that he wrongfully convicted and had to spend 20 years in prison for something he did not do and the real murderer has been out living his/her life

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Tuesday, Nov 25 at 1:26 PM MAUREEN DORRIAN wrote ...

WELCOME HOME STEVE. iT'S A SHAME THAT IT TOOK mR sCHRECK MANY YEARS (UNDER MCNAMARA AND ARCURI WATCH) TO FRR THIS MAN. THE DA'S OFFICE MUST DO A BETTER JOB IN PRESENTING CASES TAKE THHE SCIORTINO CASE WHERE ARCURI TEAM LET A MAN GO FREE AFTER BASHING IN THE HEAD OF TONY SCIORTINO AND CALLING IT SELF DEFENSE. WHAT A JOKE OUR JUDICIAL SYSTEM IS.

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Tuesday, Nov 25 at 1:22 PM about time wrote ...

WECOME HOME

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Tuesday, Nov 25 at 1:09 PM Barb wrote ...

Welcome Home Steve!!! It's been a long time coming.Have a great holiday you so deserve!!!

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Tuesday, Nov 25 at 1:05 PM Chris 1985 ND Grad wrote ...

I NEVER doubted your innocence. Welcome Home Steve!!!!!!!!!

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Tuesday, Nov 25 at 12:55 PM the right guy wrote ...

the guy whos dna they have better hope he has never been in trouble or that the doctors office has not entered his dna cause he's going to get caught. if he is in the system i bet he is running for his life as we speak. terrible that this guy was put in jail. now he can get some $ from us tax payers. scary how many people are in jail for things they did not do..

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Tuesday, Nov 25 at 12:49 PM Harley wrote ...

So what now? Do they have an idea who did this? How about getting DNA from all the suspects at that time. Who ever did that should be brought to justice and serve the rest of there life behind bars. And what ever that person ownes should be turned over to Mr Barnes for his 20 lost years.

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Tuesday, Nov 25 at 12:47 PM Dpeach wrote ...

Welcome home, It will be a thanksgiving worth giving thanks. Enjoy life and your family and please don't dwell in the past it can only bring you down. You can't get back the time you have lost but your can definately make a bright future for yourself. Happy Thanksgiving!!!

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Tuesday, Nov 25 at 12:43 PM LISA D wrote ...

Welcome home Steve!

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Tuesday, Nov 25 at 12:32 PM amazed wrote ...

I really hope that when (or if) they do catch the right person, they are punished for not only taking this poor girls life, but for taking 2 lifes, he took 20yrs from this man and i hope the system is wise enough to see that also.

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Tuesday, Nov 25 at 12:30 PM OJ wrote ...

Barry Scheck is a Saint doing all this work for the Innocence Project God Bless Him and His Staff. Welcome Home Steven.

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Tuesday, Nov 25 at 12:19 PM Roy Bean wrote ...

Time to put the original DA and "witnesses" on trial.

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Tuesday, Nov 25 at 12:15 PM forwhereyouwas(NYM) wrote ...

good for you steven. justice has finally paid you a visit. now be compensated for your time. 20yrs my friend, 20yrs.

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Tuesday, Nov 25 at 12:04 PM Michelle Q wrote ...

WELCOME HOME !!!!!!!!!!!!!!!!!!!!

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