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Man's Murder Conviction Thrown Out

Law Students Discover New Evidence In Case

POSTED: Tuesday, November 3, 2009
UPDATED: 9:00 pm EST November 3, 2009

Law students from the University of Michigan won freedom Tuesday for a man convicted of murder after convincing prosecutors and a judge that crucial evidence was not shared during his trial.

Wayne County Circuit Judge Timothy Kenny threw out Dwayne Provience's second-degree murder conviction and the 36-year-old was released on electronic tether after his family came up with $500 bond.

A joyful Provience talked about his feelings as family and friends greeted him outside the courthouse.

"I am just so happy to see this day, this is God sent," Provience said.

"It's already Christmas. It's holidays for me right now," said Provience's mother, Vonzella Battle.

She never lost faith in justice and in her son over the past years.

"In my heart, in my head, in my body and in my soul, I knew he did not do it," Battle said.

Her son headed home to enjoy a meal he has spent years looking forward to eating.

"My momma's spaghetti. She cooks the best spaghetti," Provience said.

Provience was sentenced to 30 to 60 years in prison in 2001 but had been in custody since his arrest a year earlier.

"Justice was served but it was denied for 9 1/2 years," said Nick Cheolas, a third-year law student.

Cheolas and fellow students at the Michigan Innocence Clinic interviewed people who were familiar with the drug-related homicide of Rene Hunter, who was fatally shot in broad daylight in Detroit in 2000. Provience has insisted he had no role in his death.

A key piece of new evidence was a police report that suggested others were responsible. It was never shared with Provience's trial lawyer. Law students got it from the mother of a man convicted in a different drug-related homicide.

The prosecutor's office agreed the conviction should be overturned.

"We don't know why the information did not come to light earlier," spokeswoman Maria Miller said. "It was information that should have been given to the officer in charge of the case but he never received it."

Innocence Clinic co-director Bridget McCormack said prosecutors "took it seriously" when the report emerged a few months ago.

Provience could face a second trial, but McCormack predicted that won't happen. Miller declined to comment on whether Provience is in the clear. The issue could be settled at the next court hearing on Nov. 24.

"It's been a long journey. They needed him so bad. I'm really glad he's home," said Provience's former girlfriend, Tonya Robinson.

Innocence Project representatives said it's a bittersweet situation, because the real person responsible for the crime is still out there.

"It's not complete justice but we'll take it ... we are very, very, very pleased Dwayne Provience is finally getting out," said the project's David Moran.

As for Dwayne Provience, it is time to savor freedom and hope for a better future.

"We'll just take it one day at a time and just start all over again," Provience said.

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