Wrongly Convicted Database Record

 

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Lorinda Irene Swain

 

Charge:

Child/Minor Sex Abuse (incl. molestation)

Sentence:

25 to 50 years

Years Imprisoned:

7.5

Year Crime:

1996

Year Convicted:

2002

Year Cleared:

2016

U.S. State or Country of Crime:

Michigan

County or Region of Crime:

Calhoun

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Lorinda Irene Swain was wrongly convicted in 2002 of four counts of first-degree criminal sexual conduct with her adopted son from 1994 when he was seven, to 1996 in Calhoun County, Michigan. Her prosecution was based on the testimony of her son, Ronnie. After her conviction by a jury Lorinda Swain was sentenced to 25 to 50 years in prison. Her son Ronnie recanted his testimony, and Swain filed a post-conviction petition to vacate her conviction and award her a new trial that was granted in 2009. In 2009 she was released on a conditional bond with conditions that included she had to live with her parents and that she could not drive a motor vehicle. The Michigan Court of Appeals reversed the judge's order and remanded back to the trial court. In 2012 Swain's conviction was again overturned by the trial court and a new trial was ordered. On February 5, 2016 the Court of Appeals again reversed the trial judge's order. The Michigan Supreme Court accepted review of Swain's case. On May 18, 2016 the Mich. Sup. Ct. reversed the appeals court's ruling, and remanded to the trial court with an order granting Swain a new trial. The next day, on May 19, 2016, the Calhoun County District Attorney's Office's motion to dismiss the charges against Swain was granted. On July 27, 2017 Swain filed a federal civil rights lawsuit that named as defendants Calhoun County and deceased Calhoun County Sheriff's Department Detective Guy Picketts."

Conviction Caused By:

Perjury by her step-son who was influenced to lie.

Innocence Proved By:

"On May 19, 2016 the motion by the Calhoun County DA to dismiss Swain's indictment was granted."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

42

Age When Released:

49

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Calhoun Co. prosecutor won't retry Lorinda Swain, Wood-TV"

Information Location 1:

Information Source 2:

"People of the State of Michigan v. Lorinda Irene Swain, No. 150994 (Mich. Supreme Ct., 5-18-16) (Reversing Ct. of Appeals, and ordering a new trial.)"

Information Location 2:

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/RecentCourtOrders/15-16%20Orders/150994.pdf

Information Source 3:

"Lorinda Swain files federal lawsuit for wrongful conviction, By Dana Chicklas, WXMI Fox 17 (Grand Rapids, MI), July 28, 2017"

Information Location 3:

http://fox17online.com/2017/07/28/lorinda-swain-files-federal-lawsuit-for-wrongful-conviction/

Information Source 4:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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