Case Updates
Prosecution Against Swain Shown to be Full of Holes
Thursday, 03 May 2012 21:33

The Lorinda Swain case is of a child making unfounded accusations toward his mother of sexual abuse, only later to recant that testimony as totally fabricated. Lorinda server 8 years in prison and has been out on tether bond for the last three during an appeal process having to do with a retrial based on the prosecution not having turned over to the defense evidence of her innocence. For a fuller explanation, see the Lorinda Swain Case.

The thrust of the Michigan Innocence Clinic's case for a retrial was that, according to Dennis Book, Lorinda's then live-in boyfriend, Det. Pickett called him on the phone and Book vehemently asserted that there was no possible way that Lorinda could have been guilty of such a crime without him knowing it, and had he known it, he would have turned her in himself. This would be sufficient grounds to have a retrial for not turning over exculpatory evidence to the defense, what is referred to as a Bradey violation.

The prosecutor's office countered by producing two witnesses, the original trial prosecutor and the detective partner whom Pickett had mentored, who both said under oath that Det. Pickett never made phone interviews, expcept for people out of the area, and always wrote up reports on any interviews he conducted. Basically, their counter-argument was that Book is making this up in an effort to protect Lorinda.

A few days after the closing of oral arguments, the Michigan Innocence Clinic found out that in another case Pickett had admitted under oath that there were times that he conducted interviews over the phone and that he did not write up reports on every interview conducted. This statement by Pickett of his actual behavior is sure to carry more weight than the prosecution's testimony of what Pickett's normal behavior was. We are all very hopeful for a positive outcome in this case.

 
Ray Must Wait Another 5 years!

Ray Gray's 5 year review was scheduled for September, but after the initial interview, Ray received a letter from the Parole Board that they are taking a pass on Ray. They will look at his case in another 5 years from now. This gentle man who has been wrongfully convicted and imprisoned for 40 years is going to have to wait another 5 years before the Parole Board will even consider him again.

It is our hope that by that time, Ray will have been freed based on evidence that he was not the killer.

 
Kensu Update - March 2012
Dave and Bonnie Sanders, PI Board members, attended the appeal of Temujin Kensu’s habeas hearing. It was hear by the U.S. Sixth Circuit Court of Appeals in Cincinnati on Friday, March 3rd.  Hearing the case were Judges Caldwell, Martin, and McTeague. McTeague had two other cases before him involving Kensu when he was District Judge in Michigan. Michigan Attorney General's assistant prosecutor B. Eric Restuccia appeared for the state while David Moran, co-director of the Michigan Innocence Clinic (MIC) along with J.P. Nogues, one of his students, represented Temujin.
 
This hearing was an appeal of the decision of United States District Judge Denise Page Hood granting the Petition for Writ of Habeas Corpus. About 1% of all habeas corpus requests are granted each year, which in itself says boat loads about the weakness of the original trial. The state essentially argued that there was no new evidence of any substance that would call for an evidentiary hearing.  It argued that if the court ruled that a new hearing was justified it would be establishing a new precedent and setting a very low threshold for evidence justifying an evidentiary hearing.  He repeatedly made that point, emphasizing that such a ruling would open the "floodgates" for other appeals.

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Trace Christenson of the Battle Creek Inquirer wrote in October 26, 2011 edition that "The Michigan Court of Appeals has rejected a request by Calhoun County prosecutors to send Lorinda Swain back to prison without further hearings in her 2002 conviction for sexual assault.In an opinion released this morning, a three-judge panel ruled in favor of Swain and a decision by Calhoun County Circuit Court Judge Conrad Sindt to allow more testimony as Swain attempts to win a new trial."
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The Court of Appeals Sides with Swain: She can stay out of prison for now

Trace Christenson of the Battle Creek Inquirer wrote in October 26, 2011 edition that "The Michigan Court of Appeals has rejected a request by Calhoun County prosecutors to send Lorinda Swain back to prison without further hearings in her 2002 conviction for sexual assault. In an opinion released this morning, a three-judge panel ruled in favor of Swain and a decision by Calhoun County Circuit Court Judge Conrad Sindt to allow more testimony as Swain attempts to win a new trial."
Read more...
 
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