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IT IS OVER! Lorinda Swain is Free!

swain finalAfter 8 years in prison and 7 more years of the threat of being sent back to prison, Lorinda Swain has been granted a new trial! We are ecstatic! The absurdity of the claim of sexual abuse, immediately recanted by her son, has been hanging over her head for all these years. The Court's Order is worth quoting in it's entirety.

On order of the Court, leave to appeal having been granted and the briefs and oral arguments of the parties having been considered by the Court, we REVERSE the February 5, 2015 judgment of the Court of Appeals and we REMAND this case to the Calhoun Circuit Court for proceedings consistent with its judgment ordering a new trial. The Court of Appeals erred in applying People v Cress, 468 Mich 678 (2003), to an analysis of a successive motion filed pursuant to MCR 6.502(G)(2). Cress does not apply to the procedural threshold of MCR 6.502(G)(2), as the plain text of the court rule does not require that a defendant satisfy all elements of the test. The Court of Appeals erred in failing to give proper deference to the specific findings of the trial court that the defendant was entitled to a new trial. The defendant provided “a claim of new evidence that was not discovered before the first” motion for relief from judgment, MCR 6.502(G)(2), and we conclude that the trial court did not abuse its discretion in ordering a new trial on the facts of this case. In light of this disposition, we decline to address the other issues presented in our order granting leave to appeal.
We do not retain jurisdiction.
This was a case of tunnel vision and extreme "group think" that blinded the Calhoun County prosecutor's office to any possibility of her innocence.The tax payers of Calhoun County can now rejoice because their hard earned money will no longer be spent on this senseless pursuit to maintain their precious conviction. We believe that the last Calhoun County prosecutor lost her re-election because of this senselessness and we were dumbfounded when the current prosecutor chose to stay the course. The present prosecutor could have been a hero and put this nonsense to bed, but for whatever reason he chose not to.

Lorinda MoranThe Calhoun County's prosecutor's office had no case, which is why they kept appealing the original judge's decision to grant Lorinda a retrial. So, with a modicum of sanity, Calhoun County responded by saying that they will not retry Lorinda, but will move to dismiss. IT IS OVER!

We at Proving Innocence rejoice with Lorinda, her family and her friends.

We also want to make a special note of how fortunate we all are to have a man like Dave Moran who is committed to freeing the innocent. We encourage you to watch his argument before the Michigan Supreme Court, ably persuading the judges to recognize Lorinda's right to a new trial. As it happened, Dave Moran was scheduled to be present at our PI Board meeting Wed. evening. Instead, he spent the evening speaking with Lorinda and fielding questions from the media. There will be a big celebration at the University of Michigan Innocence Clinic!

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For Those Desiring PI to look at Your Case


At this point in our development, PI is only taking on cases in cooperation with other innocence projects. If you have been wrongfully convicted and your case involves DNA evidence, we recommend you contact the Cooley Innocence Project at Western Michigan Cooley Law School. If your case does not involve DNA, please contact the Michigan Innocence Clinic at the University of Michigan Law School. A third member of the Innocence Network is SADO, the State Appelate Defense Organization. For cases outside of Michigan, here is a list of innocence projects by state.