November 12, 1992 STATE TO PAY WRONGLY JAILED MAN TODAY Don Aucoin, Globe Staff Six years ago this month, Bobby Joe Leaster walked out of prison a free man after spending more than 15 years behind bars for a murder he did not commit. Today, Bobby Joe Leaster will walk out of the State House a financially comfortable man. In a highly unusual act of contrition by the state, a group of lawmakers will present Leaster with an annuity plan worth more than $1 million. For Leaster, it is a second happy ending to a remarkable story. "This is the final piece of the tragedy that happened to me 21 years ago," Leaster said yesterday in a telephone interview. "I feel as happy as when I got out six years ago." The award culminates a long struggle by several state legislators to acknowledge the state's "moral obligation" to Leaster, who won his freedom after a 1986 Boston Globe Magazine article prompted a witness to come forward with evidence that showed he was not guilty. Leaster, 42, now lives in a South End roominghouse and earns $375 a week as a youth counselor for the city of Boston. He does not plan to quit his job, even though he will receive a check for $75,000 later this week and will be paid $2,500 per month from the annuity. "I'm going down to Alabama to take care of my dad, set him up with a house," Leaster said. Then he will begin looking for a house in Boston where he can live with his 4-year-old son, Robert, and the boy's mother. Leaster also plans to establish a fund for his son's college tuition. The nightmare began for Leaster on Sept. 27, 1970, when he was arrested on a street corner in the South End and charged with the murder of a Roxbury variety store owner named Levi Whiteside. Leaster was convicted on flimsy evidence and sent to prison at 21. He would not be a free man again until he was 36, after nine years of pro bono work by a father-and-son team. A Boston Globe Magazine article in 1986 about his case prompted a new witness to the murder to come forward and tell police that Leaster did not resemble either of the two men he saw fleeing the scene. A new trial was ordered in November 1986 and a month later the Suffolk County district attorney dismissed the indictments and Leaster was freed. To Christopher J. Muse, the attorney who, along with his father, Robert, devoted endless hours to the case from 1977 until Leaster was finally free, the annuity represents "justice being done." When Leaster learned that he would be receiving the state-funded annuity, he immediately offered to make a payment to the Muses -- an offer they declined. "But I told Bobby that every time we go to a bar or a restaurant, he'll be stuck with the bill," Christopher Muse said with a laugh yesterday. To Rep. Thomas Finneran (D-Mattapan), who fought for the compensation for years along with Rep. Kevin Fitzgerald (D-Mission Hill) and former state Sen. Royal Bolling Sr., the annuity is the state's acknowledgment that "an innocent guy got caught in the gears and was almost ground away to nothing." Both Finneran and Muse marveled at Leaster's lack of bitterness at having 15 years of his life taken away from him, but Leaster himself made it clear he has no room for rancor in his life. "I had no bitterness when I first got out, and I damn sure don't have any now," he said. "I don't have time for that bitterness and hostility." The annuity represents the first time since the 1950s that the state has compensated a person who was wrongly incarcerated. "I was really struggling for the last year," Leaster said. "But all that is over. I'm finally going to be financially secure. Now I can go on with my life as usual, just a little more comfortably."