Lorinda Swain ruling overturned

BATTLE CREEK, Mich. (WOOD) - A woman sentenced for molesting her adopted son should not get a new trial, said a ruling released Wednesday from the Michigan Court of Appeals.

The court overturned a Calhoun County court's decision to grant Lorinda Swain a new trial.

In 2002, Swain was convicted of sexually assaulting her son, Ronnie, and she was sentenced to between 25 and 50 years in prison. Ronnie recanted his story in 2006.

Reached by phone, Ronnie told 24 Hour News 8: "I've done everything I can. I've told the truth. Why can't they just let her go? It's not right. I lied years ago, but why should she have to be punished for it?"

Swain maintained her innocence and fought for years for a new trial.

Last year, a Calhoun County judge heard testimony from new witnesses, and not only ordered a new trial, but set Swain free on bond.

The judge went as far to say that with the new evidence, he didn't think Swain would be convicted again.

The prosecutor appealed, leading to Wednesday's ruling from the Court of Appeals.

The appeals judges concluded Swain's case didn't meet the standard needed to justify a second appeal -- or that new trial.

And the judges said just because Swain's original lawyers didn't call those new witnesses -- doesn't mean they were 'ineffective.'

Swain was shocked by the decision.

"So, I just hold onto this tiny, thin thread that I have been holding onto for 10 years now," Swain said. "And that is the fact that I am innocent.

"It's undescribable, but as bad as it is, at least I am not in prison."

The judge could revoke her bond, but has said he won't do so unless the prosecutor asks for it.

"It's unbelievable to me," Swain said. "I don't know how I done the time I did in prison, and I surely do not know how I could go back."

For the past 10 months, Swain has been living at home with her parents.

"I think we will win," said George Johnson, Swain's father. "I don't know how, but she is innocent, and someone innocent should not have to go to prison for 25 to 50 years."

Bridget McCormack of Innocence Project, a legal group from the University of Michigan that represented Swain, said her group is disappointed in the ruling and plans to appeal to the Michigan Supreme Court.

24 Hour News 8 has not heard yet from prosecutors or Calhoun County court officials.