Dwayne Provience was freed late last year after nearly ten years in prison because the Innocence Clinic at U of M Law School worked diligently to document numerous irregularities and inconsistencies in his trial. Despite that, Wayne County Prosecutor Kym Worthy demanded a retrial for Provience almost immediately.
Now that demand has been dropped due to lack of evidence, the Detroit Free Press reports:
Dwayne Provience celebrated his first day of total freedom in a decade on Wednesday after the Wayne County Prosecutor’s Office decided not to retry him for a 2000 drug killing.
“I’m just so happy right now. It feels like I’m walking out of prison all over again,” Provience, 36, of Detroit said during a telephone interview en route to a Wayne County jail to have a GPS tether removed from his leg. “I’m going to be taking it a day at a time and try to get my life back on track.”
Provience was freed after Wayne County Assistant Prosecutor Robert Stevens told Wayne County Circuit Judge Timothy Kenny that he lacked sufficient evidence to retry Provience because the prosecution’s star witness has turned out to be unreliable.
Unfortunately, Stevens still felt the need to declare Provience guilty, saying, “I think we have the right guy” but that they could not prove that in court. If you can’t prove it in court, Mr. Stevens, then you shouldn’t be saying it at all.