BATTLE CREEK, Mich. - A woman convicted of sexually assaulting her son but who was later released after winning a new trial has settled a civil lawsuit against Calhoun County for $1.9 million
The agreement between Lorinda Swain and the county was announced Thursday in court papers from the U.S. District Court for the Western District Of Michigan.
Swain, 58, was convicted by a Calhoun County Circuit Court jury in 2002 of four counts of first-degree criminal sexual conduct and sentenced to 25 to 50 years in prison after prosecutors alleged she performed oral sex on her adopted son in their Burlington Township home when he was 5 to 8 years old.
She spent eight years in custody and seven years on bond as the case was appealed. She was freed when the Michigan Supreme Court ordered a new trial and prosecutors announced they could not proceed and dismissed the case. Swain then sued the county alleging wrongful prosecution and conviction.
Jim Dyer, corporation counsel for Calhoun County, confirmed the settlement Friday and said both sides had reached the agreement Wednesday.
"We weighed the pros and cons of all the options and settled on this," he said, "When we were able to reach a dollar amount there was an agreement by both parties.
"I would say that a good settlement is when both parties walk away a little disappointed."
Swain did not return a call Friday seeking comment.
She filed multiple appeals after her conviction and the case was handled by the Michigan Innocence Clinic. Several issues were argued multiple times in circuit court, the Michigan Court of Appeals and the Michigan Supreme Court until May 18, 2016, when the state Supreme Court ordered a new trial for Swain.
The next day Calhoun County Prosecutor David Gilbert dismissed the case, saying his office was unable to proceed.
The son, who had wavered in his testimony during the trial, said after his mother's conviction that the sexual acts did not occur. Several appeals were based on the recantation.
But eventually, the defense raised an issue of new evidence after Swain's former boyfriend, Dennis Book, claimed he talked with former Calhoun County Sheriff Detective Guy Picketts on the phone and Book claimed he had lived with Swain and knew the sexual assaults did not occur.
The defense argued that Pickett, who died Nov. 3, 2010, never reported the conversation with Book, which Swain's appellate attorneys said would have been vital to her defense.
However, attorneys for the county have argued in court papers that the interview never occurred and that Book made the claim about the interview only after Picketts died and Book and Swain "had rekindled their romantic relationship."
The county also said Swain and her trial attorney knew about Book and his possible testimony but did not call him as a witness at her trial.
Contact Trace Christenson at 269-966-0685 or tchrist@battlecreekenquirer.com. Follow him on Twitter: @TSChristenson.
►Make it easy to keep up to date with more stories like this. Download the WZZM 13 app now.
Have a news tip? Email news@wzzm13.com, visit our Facebook page or Twitter.
