New prosecutor appealing in Swain case

BATTLE CREEK, Mich. (WOOD) - The Calhoun County Prosecutor's Office is seeking another appeal in the case of a woman claiming she is innocent despite a 2002 conviction for allegedly sexually assaulting her son.

In a filing dated Jan.31, 2013, the Prosecutor's Office requested the court allow it the right to appeal a ruling by Calhoun County Judge Conrad Sindt in the case of Lorinda Swain. In August 2012, Judge Sindt ordered a new trial for Swain, saying Calhoun County Detective Guy Picketts withheld evidence from the defense that would likely have changed the original verdict.   

Prosecutors have fought the efforts to overturn the conviction against Swain since the University of Michigan Innocence Clinic picked up her case and started fighting for her release, appealing rulings by Sindt as far as the Michigan Supreme Court.

Sindt has ruled in favor of Swain since he overturned her conviction in 2009.

In January, new county prosecutor David Gilbert took over the office. He told 24 Hour News 8 in January that the office was already working on an appeal to the August 2012 ruling, and would go forward with filing the appeal.

Swain's attorneys have until Feb. 20 to file their reply to the request.