Associated Press: University of Michigan law students win freedom for convicted murderer in Wayne County

Law students from the University of Michigan won freedom today 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 said he could be released on electronic tether as soon as his family came up with $500 bond.

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, 36, 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.

Provience's mother, Vonzella Battle, was excited about his release.

"It's already the Christmas holidays," she told the Detroit Free Press.