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Lorinda Swain (June 10, 2010)

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Judge Conrad Sindt, who granted Lorinda Swain a new trial (July 23, 2009)

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Swain case appealed to Mich Supreme Ct

Innocence Project files on her behalf

Updated: Monday, 02 Aug 2010, 11:44 AM EDT
Published : Monday, 02 Aug 2010, 11:44 AM EDT

GRAND RAPIDS, Mich. (WOOD) - The Innocence Project filed a motion with the Michigan Supreme Court, asking them to overturn a Court of Appeals ruling that Lorinda Swain should not get a new trial on charges she molested her adopted son.

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.

Then, in 2009, Calhoun County Judge Conrad Sindt 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, and the Court of Appeals ruled she should not get a new trial.

The Innocence Project took up Swain's case and filed a "leave application" with the state's highest court. There is no date set for any kind of decision from the Michigan Supreme Court.

Since her release from prison, Swain, 49, has been living with her parents.

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