Judge keeps Lorinda Swain free

BATTLE CREEK, Mich. (WOOD) - Monday's decision to continue Lorinda Swain's bond is the latest in a list of her victories that is getting shorter with every higher court decision.

"I don't find any basis before me to revoke bond," Circuit Court Judge Conrad Sindt said.

It marked another temporary reprieve for Swain.

"I know it's not over yet and I'm still scared, but I'm innocent and I just hope and pray that in the end, I get justice," Swain said after the judge allowed her to stay out of prison for at least another month.

While Sindt ruled against the Calhoun County prosecutor's attempt to revoke Swain's bond and send her back to prison, Swain's lawyers have failed to get her a new trial, which could set her free for good.

First, her lawyers failed to convince the state Court of Appeals she didn't get a fair trial.

Last month, the Michigan Supreme Court decided not to hear the case, on a 4-3 vote.

A new member to the court was sworn in Saturday.

"I don't think this is about personalities," said Bridget McCormack, one of the attorneys for the Michigan Innocence Clinic. "I want to convince all seven members of the court that this is a very important case that the court should care about."

Sindt ordered Swain released from prison in 2009 after her adopted son Ronnie, the alleged victim of the alleged sexual assault, admitted the crime never happened.

But the Calhoun County prosecutor has fought Swain's release essentially on technicalities, according to Swain's lawyers.

Despite the new information, prosecutors claim Swain got a fair trial the first time around, and her conviction should stand.

So far, Swain and her attorneys say Calhoun County Prosecutor Susan Mladenoff has refused to talk to them about the case.
Repeated attempts by 24 Hour News 8 to talk with Mladenoff have failed, despite calls from some of the people who fund her paychecks -- the taxpayers of Calhoun County -- for some answers.

"I don't live in Calhoun County, and the voters of Calhoun County have to decide what their priorities are," McCormack said.

For now, Swain remains free, hoping the Supreme Court gives her the chance to make that freedom permanent. Her attorneys say they expect a decision in four to five weeks.