Friday, October 30, 2009

Worthy agrees evidence was wrongly withheld

Posted on Fri, Oct 30, 2009 at 4:02 PM

Attorneys for Dwayne Provience will ask a Wayne County judge to release him from prison at a hearing on Tuesday after Wayne County Prosecutor Kym Worthy on Friday dropped opposition to having his conviction overturned.

Provience, convicted in 2001 of murdering Rene Hunter, is serving a 32- to 62-year sentence. In a separate but related murder trial with a different victim and defendant two years later, Wayne County prosecutors argued someone else killed Hunter. (See “Tale of two homicides,” in this week’s Metro Times.)

Provience, represented by the Innocence Clinic at the University of Michigan Law School, filed a motion this year asking that his conviction be set aside and he be released.

Worthy’s office had fought his request until this week. In an e-mailed statement, Worthy told Metro Times that her office made the decision after reviewing evidence that Provience “should have been privy to at the time of his trial.

“We agree with the defense that this evidence does entitle the defendant to a new trial. For that reason, we will not issue any further statement regarding specific facts of the case,” Worthy said in a statement.

Bridget McCormack, co-director of the Innocence Clinic, says she doubts that there will be a new trial.

"There won't be a new trial because Dwayne Provience didn't do it and we have shown that," she says. "But I am grateful that Kym Worthy has done the right thing."

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