The spectrum of $^9$He was studied by means of the $^8$He($d$,$p$)$^9$He reaction at a lab energy of 25 MeV/n and small center of mass (c.m.) angles. Energy and angular correlations were obtained for the $^9$He decay products by complete kinematical reconstruction. The data do not show narrow states at $sim $1.3 and $sim $2.4 MeV reported before for $^9$He. The lowest resonant state of $^9$He is found at about 2 MeV with a width of $sim $2 MeV and is identified as $1/2^-$. The observed angular correlation pattern is uniquely explained by the interference of the $1/2^-$ resonance with a virtual state $1/2^+$ (limit on the scattering length is obtained as $a > -20$ fm), and with the $5/2^+$ resonance at energy $geq 4.2$ MeV.
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