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Innocent Man Freed After 25 Years


Last Update: 5/21/2008 9:57 pm
DETROIT (AP) - Released after a quarter-century in prison, Walter Swift's immediate plans were to enjoy the simple things in life.

"I might just take a walk. I've been craving to take a walk," he said Wednesday outside the Frank Murphy Hall of Justice.

Swift was convicted in 1982 of raping a pregnant Detroit woman, but the Wayne County Prosecutor's Office determined there were issues with how the case was tried. Assistant Prosecutor Jeff Caminsky agreed to a motion for a new trial, then told the court in a hearing Wednesday he would not try to prosecute the case again, freeing Swift.

County Circuit Court Judge Vera Massey Jones wished Swift luck after she granted the motion.

"I'm grateful to be able to say we're going to do something right today," Jones said.

Family and friends cheered as Jones announced, "The Michigan Department of Corrections has no jurisdiction over this man at this time."

However, Prosecutor Kym Worthy said her office isn't saying Swift is innocent.

"Our position is not that Mr. Swift is innocent. Our position is that there were some irregularities and some things that should not have happened during this trial," Worthy said.

Swift said he doesn't blame anyone for his lengthy incarceration, chalking it up to adversity.

"My incarceration of 26 years was just that - my personal adversity," Swift said. "And to harbor any ill feelings toward anyone because of it would not only cheapen me as an individual, but it would put a remarkable blemish upon the excellent work and the struggle of these people who labored so hard on my behalf."

Swift was represented by lawyers from the New York-based Innocence Project, a nonprofit group that works to clear people it believes were wrongfully imprisoned. After a decade-long investigation, Innocence Project lawyers argued the eyewitness identification of Swift was faulty, and forensic testing showed Swift couldn't have been responsible because of his blood type.

Innocence Project officials said they tried to conduct DNA tests when the group originally accepted Swift's case, but the evidence had been lost or destroyed.

The victim was shown photos of hundreds of men and selected seven that resembled the assailant. The officer handling the case decided the next person the victim picked would be brought in for a live lineup. That man was Swift.

"Evidence shows that the victim's eyewitness identification was tragically wrong," said Olga Akselrod, an Innocence Project attorney who was at Wednesday's hearing.

The victim described her attacker as a 15- to 18-year-old black man with braids and no facial hair. Swift was older than the described age, had a mustache and sideburns at the time of the incident and had close-cropped hair.

"There were things that were done wrong in this trial, and we have no interest in being part of a trial where things were done wrong," Worthy said.

Worthy said the victim still believes she's right about Swift, but "she understands that in the best interest of justice, this is the right thing to do."

Swift said he understands why the victim feels that way, and hopes the man responsible for the crime can be found.

"I know that if I can be released and receive justice, the possibility still exists that he can receive justice," Swift said.

Audrey Kelly Mills, Swift's 27-year-old daughter said she's looking forward to spending time with her father. She said she's relieved he's free, but upset so much time was lost.

"I'm angry that this is supposed to be a justice system, and it's nothing even close to a justice system," she said.

Swift said he was overcome by emotion when he left the courthouse a free man.

"It feels like a bird has been let out of a cage. That's how I feel," he said.

 

©2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.position.

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