Swain and attorney's seeking new trial

BATTLE CREEK, Mich. (WOOD) - A woman sentenced for molesting her adopted son in 2002 is going to be back in front of the Court of Appeals Wednesday.

Lorinda Swain spent seven years behind bars before being released in 2009.

A Calhoun County judge granted Swain a new trial after her adopted son recanted his testimony saying the sexual assault never happened.

Prosecutors have appealed and a three judge panel for the Appeals Court ruled there would be no new trial.

Friday, 24 Hour News 8 learned Swain’s attorney’s will appeal that ruling and ask for a new trial based on evidence that has not previously been presented to the court.

The hearing will be held Wednesday morning in Lansing.

Lorinda Swain is currently free on bond.