BATTLE CREEK (WTVB) - Circuit Court Judge Conrad Sindt has ordered a new trial for Lorinda Swain again. She claims she was falsely convicted of molesting her young adopted son in 2002. She spent 7 years of a 25 to 50 year sentence in prison for the crime before the boy recanted his testimony and other witnesses came forward who were either never interviewed or illegally suppressed by detectives. That was enough for Judge Sindt to grant her a new trial several years ago, but the Prosecutor appealed and the Court of Appeals reversed his decision on a technicality. Since then another suppressed witness has come forward, ex-boyfriend Dennis Book, and this week Judge Sindt has for the second time ordered a new trial.
Prosecutor Susan Maladenof can appeal Judge Sindt’s order again, try the case with no witnesses and no physical evidence, or dismiss the charges. Swain’s lawyers from the University of Michigan Innocence Project are preparing for the prosecutor to appeal, but hoping she won’t.