GRAND RAPIDS, Mich. (WOOD) - The Michigan Court of Appeals listened to the prosecutor's caseagainst Lorinda Swain, the West Michigan woman who said she waswrongly convicted of sexually assaulting her son, then had thatconviction overturned.
Swain appeared for the hearing Wednesday. She always maintainedher innocence.
"I know God knows I didn't do this," Swain said.
The Calhoun County prosecuting attorney is challenging JudgeConrad Sindt's decision to grant Swain a new trial. The judge foundcompelling evidence that she is likely innocent, said David Moran,Swain's attorney.
"So, they're saying because she had an incompetent attorney whoblew a prior motion, Judge Sindt should refuse to hear any evidenceof innocence," Moran said in a phone interview Tuesday.
24 Hour News 8 brought the Swain case to light. In 2002, she wassentenced to 25 to 50 years for sexually assaulting her adoptedson, Ronnie. He later recanted his story, admitting he lied tocover up his own actions.
The innocence clinic at the University of Michigan specializesin cases that are not DNA exonerations, and was able to get Sindtto grant Swain a new trial. Her attorney's failure to call twowitnesses at her trial -- both who had evidence suggesting Swain'sinnocence -- played a role in the granting of a new trial.
Lawyers with the clinic say the prosecution's appeal is anothermethod to try and keep Swain in jail.
"Judge Sindt is a former prosecutor himself," Moran said. "He'snot the sort of person who's likely to declare somebody's innocent.But he did in this case. And we would have hoped that would be awake-up call to the prosecution in this case -- that there reallywas a problem, but unfortunately, they seemed determined to fightus all the way."
The Court of Appeals will issue a ruling sometime in thefuture.
"Of course I'd like to have my license, be able to get a job,and not worry about being on tether ... you know what I mean,"Swain said Wednesday. "But that's not what worries me or bothers meas much as not knowing for sure."
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.