BATTLE CREEK, Mich. (WOOD) - A Calhoun County woman will get a new court hearing that will decide if she will get a new trial.
Lorinda Swain was convicted in 2002 on four counts of first-degree criminal sexual conduct in the molestation of her then-13-year-old son. Swain was released from prison on an appeal in August 2009 after her son, Ronnie, recanted his story.
In 2010, the Michigan Court of Appeals denied Swain's request for a new trial. The Michigan Supreme Court refused to hear an appeal from Swain.
Earlier this year, more new evidence emerged.
Also, Judge Conrad Sindt turned down a June 2011 request by the prosecutor to revoke Swain's bond. Along with removing Judge Sindt from the case, the prosecutor wanted the higher court to revoke Swain's bond and turn down Swain's request for a new trial.
The latest ruling from the Michigan Court of Appeals was issued Tuesday and released Wednesday. The prosecutor has 56 days to decide if she will appeal this decision to the Michigan Supreme Court.
Swain will remain out on bond and Judge Sindt will remain on case.
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