Prosecutor: Charges to be dropped against Lorinda Swain

After 14 years, Wednesday was a perfect day for Lorinda Swain.

In the morning the Michigan Supreme Court ordered a new trial on her sexual assault conviction and Wednesday afternoon Prosecutor David Gilbert said he would not pursue the case and will dismiss all charges.

"This makes a perfect day more perfect," she said. "It's unbelievable. I am happy it's over."

Swain was convicted by a jury in August 2002 of four counts of first-degree criminal sexual conduct. She was charged with repeatedly performing oral sex on her young adopted son between 1992 and 1996 in Burlington.

Swain, 55, of rural Marshall was sentenced to 25 to 50 years in prison. She served more than seven years before she was released on bond by now-retired Circuit Judge Conrad Sindt, whose two rulings for a new trial for Swain had been overturned by appeals courts.

Swain has maintained her innocence and her adopted son, Ronald Swain, recanted his testimony.

After the Supreme Court ruling, Gilbert said late Wednesday afternoon, "We are not going forward. We respect the decision of the Supreme Court, but we disagree with it. I am of the same opinion as my two predecessors regarding the facts of the case, but we can't go forward because of changes of circumstances. Our investigator has died and the victim would not be testifying what he testified at the original trial."

Gilbert said he expects to file paperwork to dismiss charges this week.

Even before learning about Gilbert's decision, Swain told reporters, "I am so happy. I am so thankful to God most of all and to U of M and my parents and my boyfriend and Judge Sindt and the students and the people who prayed for me and my son for telling the truth. I didn't win today, justice won today."

Swain held a small bell which she said was one of three liberty bells she has. She said she rang it Wednesday.

The Michigan Innocence Clinic at the University of Michigan has worked on the Swain case since it opened in early 2009, said David Moran, the director.

"She has spent nearly eight years in prison and seven years on bond for a crime she didn't commit and one that did not happen," Moran said. "We hope this long ordeal is finally coming to an end."

Moran explained that the justices did not consider Ronald Swain's recanted testimony but rather the argument by Swain's lawyers that prosecutors did not provide evidence favorable to the defense at the trial.

Last month, Moran argued before the Supreme Court that Swain is entitled to a new trial because prosecutors did not disclose an interview conducted by the late Calhoun County Sheriff Department Detective Guy Picketts with Swain's former boyfriend, Dennis Book. They said Picketts interviewed Book but didn't report that Book said he never saw abuse by Swain while he was living with her.

The defense attorney at the time said Book was not called to testify because they believed he was hostile because of his break-up with Swain. Moran argued that the defense didn't know about the Picketts interview with Book.

Picketts died in 2010.

Prosecutors have denied Book and Picketts had a conversation, but said if it did happen it was not newly discovered evidence because the defense at least knew the former boyfriend could have evidence for their case.

Former Prosecutor Deirdre Ford, who tried the case against Swain, said Wednesday she worked with Picketts on many cases and "I don't believe that interview ever took place. If he had interviewed Book there would have been a police report and that evidence would have been turned over to the defense."

Ford argued that Book was not with Swain during the entire time of the allegations. But she said if Book had made the statements that he never saw any sexual abuse it was proper evidence to be given to the defense and let them and the jury determine its significance.

"Any interviews that Picketts did would have been turned over, whether they were positive for them or negative for them."

Ford said the prosecutors knew that Ronald Swain had recanted his original allegations multiple times even before the trial and that information was given to the defense and told to the jury.

"That was not helpful to the prosecution but we turned it over because it was uncovered by Detective Picketts during the investigation."

Ford said it was frustrating that the defense arguments about the Book interview were brought after the death of the detective.

"They took advantage of his terminal illness to smear his reputation. It's done and there is no way to move the case forward; to do that and wait until Picketts was dead and there is no one to refute that is appalling."

Moran believes there is a general problem across the country revealing evidence when it is favorable to the defense.

"It happens far too often," he said. "It's a real problem. We need better police training and oversight because when you talk to someone who doesn't support your case you still have to turn it over to the defense."

For Swain, she told reporters she was happy both her parents were still alive to see her freed.

She said her celebration is only starting.

"I will celebrate for the rest of my life," she said, "because it feels like a load of bricks have been lifted off my shoulders.

Contact Trace Christenson at 269-966-0685 or tchrist@battlecreekenquirer.com. Follow him on Twitter: @TSChristenson