Having trouble receiving FOX 17? Click here:

Prosecutor won’t retry Lorinda Swain

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

LANSING, Mich. -- Lorinda Swain, who served years behind bars after being accused of molesting her adopted son, is now a free woman.

The Michigan Supreme Court on Wednesday remanded the case back to the Calhoun County Circuit Court.

Late Wednesday afternoon, Swain was notified by the Calhoun County Prosecutor that he will not retry the case and that she is free.

"I'm elated," Swain said.  "I"m happy it's over with, and I'm actually shocked the prosecutor did tell the same day that he's not going to retry it; makes a perfect day already even more perfect."

Swain was convicted in 2002 of criminal sexual conduct, but has maintained her innocence and her sons have recanted their statements about the abuse.

Swain served eight years of a 25-50 year prison sentence.   She was released five years ago after she was originally granted a new trial.

An appeals court later overturned that decision, sending the case to the Michigan Supreme Court.   The Supreme Court says the appeals court used the wrong legal standard in stopping a new trial for Swain.

The Associated Press contributed to this report. 


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

1 Comment

Notice: you are using an outdated browser. Microsoft does not recommend using IE as your default browser. Some features on this website, like video and images, might not work properly. For the best experience, please upgrade your browser.