DETROIT -- A local man who was wrongfully imprisoned for more than 26 years has been told he will be released on Wednesday.

"I am relieved he is a free man. Free man to do whatever he wants to do," said Audrie Mills about her father, Walter Swift.

Swift was arrested in 1982, accused of raping a pregnant woman in her home in Detroit's Indian Village.

He appealed and filed several times for release, but was rejected each time.

In 1997, he contacted the Innocence Project from inside prison and they were able to take the case back to court to hear new motions.

Swift's attorneys said there were many problems in the original case against 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.

According to attorneys, the woman's description of her attacker was not certain, physical evidence from the rape was destroyed and documents suggest the 1982 lab tests on the semen is different than Swift's body chemistry based on new DNA tests.

Circuit Judge Vera Massey ordered a new trial and the prosecutor's office said they will not retry the case.

Swift's daughter was in court and was very happy.

"I have always wanted my father with me. So, tonot have him home has been sad," said Mills. "you see people and they get to spend Father's Day with their father. You are reminded that your father was taken away from you for no good reason."

Wayne County Kym Worthy is not calling Swift innocent, but she said she does not have enough evidence to refile a motion.

She released this statement.

It is not our position that Walter Swift was an innocent man wrongfully convicted. We have become convinced that during the course of our contact with the Innocence Project and our subsequent investigation that there is some doubt about the fairness of the original trial that occurred in November 1982.

Mr. Swift has been in prison 8 years beyond his minimum sentence and has only three years left on his maximum sentence. Given the amount of time that has passed and the amount of time Mr. Swift has served, I have concluded that a new trial would not be in the interests of justice or a judicious use of our scarce resources. I have decided to nolle pros, or in other words, dismiss this matter.

The victim has been informed of our decision and while she does not agree with the results she understands our position.

Swift will get some help from boxing trainer Emanuel Steward, who said he will set up Swift with a place to stay for a while and a job.

Steward got involved in the case about two years ago.

"I realized it was almost impossible for him to have done anything," Steward said.

Despite the potential challenges ahead, family and friends said they were hopeful Swift would enjoy his newfound freedom.