Judge keeps Lorinda Swain free on bond

GRAND RAPIDS, Mich. (WOOD) - Lorinda Swain was given at least a few additional months of freedom Monday by the same judge who previously had said if there were a new trial, she would not be convicted again.

Calhoun County Circuit Court Judge Conrad Sindt ordered Swain's bond be continued. The prosecutor wanted her to return to prison.

"I'm just thankful -- thankful to God, thankful to Judge Sindt, thankful to all my people who supported me," Swain said after the hearing. "I'm thankful for my son for telling the truth. Just so thankful."

A recent state Court of Appeals panel tuned down her request for a new trial, saying Swain received a fair trial in 2002, when her then-13-year-old adopted son Ronnie claimed she had molested him.

Ronnie has since recanted his story, saying the alleged sexual assault never happened.

Swain was released from prison last August after serving nine years when Sindt ordered the new trial.

Despite a victim who now says he never really was a victim, Calhoun County Prosecutor Susan Mladenoff continues the effort to put Swain back in prison.

"To me, it makes her a criminal to choose to put somebody back in prison that's already been there nine years wrongfully as opposed to (admitting) they made a mistake," Swain said.

So, how does a crime remain a crime when the 'victim' says it never happened?

It's the same question being asked by many people who pay Mladenoff's salary -- the Calhoun County taxpayers. So far, Mladenoff hasn't returned a call.

So, 24 Hour News 8 tried talking to the assistant prosecutor, who is leading the case against Swain.

"He's not rolling his camera right now?" asked Tamara Towns, when questioned by the news crew.

Cameras were indeed rolling.

" Well, I gotta go then," Towns said.

She went on to explain answering reporters' questions would break the rules.

"It's a pending case," Towns said. "Unfortunately, we can't talk to you during a pending case. That's our ethical obligations. We just can't."

But in court, Towns referred to last week's Court of Appeals ruling that indicated there was more to the case than Ronnie's recantation.

"There was more evidence than the victim's testimony here," she told the judge in arguing to revoke Swain's bond. "There was more evidence and they found that there was not the threshold for actual innocence."

Prosecutors also argued Swain is a flight risk, especially since last week's Court of Appeals ruling. Swain has been living with her parents on their southern Calhoun County farm.

Sindt didn't agree and allowed the bond to continue.

He ordered a new hearing in early August if Swain's lawyers have not filed their appeal to the State Supreme Court.

The hearing would be canceled and bond would continue if the appeal is filed by the deadline.