Lorinda Swain's Motion for Relief from Judgment

Scheduled for June 30, 2009 at 8:30 a.m.

Calhoun County Circuit Court

This case, first brought to the public's attention by PI's Bill Proctor, is one of the first cases accepted by the newly formed Michigan Innocence Clinic. We encourage anyone who can attend to do so, especially citizens of Calhoun County.

Lorinda Swain has served eight years of her 25-50 year sentence for a crime that not only did she not commit but that never happened. Ms. Swain was convicted of four counts of criminal sexual conduct (1st degree) for alleging performing oral sex on her adopted son, Ronnie. She has steadfastly maintained her innocence and now the Michigan Innocence Clinic is representing her in a new attempt to obtain justice on her behalf. Ronnie Swain has repeatedly recanted his original allegations and has tried every avenue he could find to have his mother released because he knows these crimes never occurred. He admits that he fabricated the allegations to explain his own misconduct with the young daughter of his step-sibling.

The clinic filed a Motion for Relief from Judgment, a motion that is similar to federal habeas corpus, in the original trial court where Ms. Swain was convicted before Judge Conrad Sindt (Calhoun County Circuit Court). The motion alleges three claims - 1) newly discovered evidence of actual innocence, 2) an argument in the alternative that her two prior attorneys were constitutionally ineffective for not investigating that evidence, and 3) ineffective assistance of appellate counsel because her attorney failed to use or advise her to use the proper procedures for appealing her case. Judge Sindt has ordered an evidentiary hearing on June 30 at 8:30am on the first two claims.

The Clinic will present four primary witnesses to address these two claims and may present other witnesses who can bolster the claim that this new evidence would have made a huge difference in the outcome of the trial. Two of our witnesses, the school bus driver who drove Ms. Swain's two adopted sons to school and a neighbor who lived nearby Ms. Swain at the time, will testify that the two sons always waited for the school bus together in the morning. This evidence directly contradicts the prosecution's theory for when these alleged crimes occurred. The clinc also plans to call both of Ms. Swain's prior attorneys to testify. Ms. Swain's prior attorneys failed to speak with either witness, despite the central role played by the story of the younger son, Cody, playing look out by waiting for the bus alone while Ms. Swain performed oral sex on Ronnie in the house. Both sons also dispute that this series of events ever happened.

Ms. Swain's case is one of the first cases accepted by the newly formed Michigan Innocence Clinic. While the hope is that this hearing will persuade Judge Sindt that a massive injustice has been done by holding Ms. Swain for crimes that never occurred, the Clinic plans to continue to represent Ms. Swain in as many avenues that may be available to exonerate her.

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