MI- Looking for a new trial to overturn a mother's rape conviction

7-17-2009 Michigan:

CALHOUN COUNTY, Mich. (NEWSCHANNEL 3) – Thursday saw day two of a hearing that could result in a new trial for a mother convicted of rape.

In 2001, a jury convicted Lorinda Swain of molesting her eight-year-old son.

Now, the University of Michigan Innocence Project has come to her defense, saying that she was convicted based on false testimony.

Several witnesses came forward at the first hearing in June to testify in Swain's defense. Among them was Swain's original accuser, her adopted son, Ronald Swain. He testified that he made the entire story up and that he's sorry for what his mother has gone through.

"I was going to apologize, I was going to tell her I'm sorry for what I've done," said Ronald, "she already told me she forgives me, but it's not enough, but I'm deeply, very sorry for what I did."

Testimony from a neighbor and bus driver also contradicted earlier testimony.

On Thursday, new evidence and witnesses were brought forth, with two more witnesses taking the stand to testify in defense of Swain.

Both said that any evidence used in the past was neither credible nor accurate.

Swain's appeal team lined up a host of witnesses to debunk any evidence that Swain is guilty of sexual abuse.

The first person to take the stand Thursday was Swain's original trail attorney who told a packed courtroom that during the original trial he was led to believe that Swain's son Ronald was not telling the truth, but never investigated the claims.

He also said the original abuse claims were never mentioned in police reports, which were also never brought to trail.

Swain's new attorney says that alone is enough to bring the case back to court.

"There is newly discovered evidence that Swain and her previous attorney did not effectively bring those claims to the court until now," said appeal lawyer Kimberly McCormick.

The prosecution wants Swain's original conviction to stand, despite the fact that the alleged victim has recanted.

On Thursday the prosecution called a neighbor to the stand who testified that Swain's two sons left to catch a school bus at different times, leading her to believe something suspicious was going on in the home. However, the neighbor's own sister says she is unstable and not a reliable source.

The judge in the case says he will go through all of the testimony, including what went on in the last trial, before he makes a final decision. That decision is expected to come down later this summer. ..Source.. by WWMT.com