LANSING, Mich. (WOOD) - A Calhoun County prosecutor wants the judge who presided over the sexual molestation trial of Lorinda Swain removed from the case.
Assistant Calhoun County Prosecutor Jennifer Clark claimed Circuit Court Judge Conrad Sindt has exceeded his role as a judge in assuming Swain's innocence, and ignored past higher court rulings in allowing Swain to remain free while her case continues to be appealed.
"Disregarding the court rules, the laws that this court has expressed, the law of the case and the higher authority from this court and the Supreme Court," said Clark of Sindt's ruling.
It's one of the more unique motions made by the prosecutor to the appeals court panel in their attempt to send Swain back to prison.
It's also the second time Swain has been before the court.
Convicted in 2002 in the molestation of her then-13-year-old son, Swain was released from prison on appeal in August 2009 after her son Ronnie recanted his story.
In 2010, the Court of Appeals denied Swain's request for a new trial. The Michigan Supreme Court refused to hear an appeal from Swain.
But earlier this year, more new evidence emerged.
Swain's lawyers learned of a statement made by Dennis Booker, who in 2002 was Swain's former live-in boyfriend.
Booker allegedly told a Calhoun County Sheriff's detective investigating Swain's case he was always home in the mornings. That's the time frame when Ronnie Swain initially said his mother molested him.
That detective died last November.
Based on that information, Judge 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 wants the higher court to revoke Swain's bond and turn down Swain's request for a new trial.
The court will hear arguments Wednesday and make a ruling in the coming weeks.
But Swain says she's more optimistic this time around.
"I need some time to digest it, but I think it went much better than it did last time," said Swain after the hearing.
But one of the questions brought up by Judge Douglas Shapiro dealt with the question of finality.
"Isn't there some point we say, hey look: No, we don't know 120 percent, but we've been through this and we cannot have every defendant walking in here time and time and time again," asked Shapiro, as Swain's legal team from the University of Michigan's Innocence Clinic plead their case.
Swain's lawyer said they have yet to reach that hurdle.
Swain said she, too, wants finality.
"I want my nightmare to be over."
GRAM Christmas Tree Lighting ceremony in front of a festive downtown crowd at Rosa Parks Circle Friday night.
Two people were taken to the hospital after one vehicle crossed the center line, causing a head-on crash in Ada Township Friday night.
Police say snow made roads "treacherous" Sunday and urged people to stay home if possible.