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Prosecutor won’t retry Lorinda Swain

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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. 

 

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