Detroit (WWJ) -- A Detroit man who's been in prison for over eight years for murder was expected to be set free Tuesday after University of Michigan law students discovered evidence that wasn't shared with him at trial.
Dwayne Provience would released from custody if his family posts bond. Prosecutors agreed with his lawyers to ask Wayne County Circuit Court Judge Timothy Kenny to set aside the second-degree murder conviction.
Students from the University of Michigan Law School, who work with the Innocence Project, interviewed people who knew about the drug-related murder of Rene Hunter of Detroit in 2000. The key piece of new evidence was a police report that suggested others were responsible for the fatal shooting. It was never shared with Provience at the time of his trial.
"We're extremely confident there never will be a new trial in this case," University of Michigan Law professor David Moran said after the judge's ruling. "In a few weeks when the prosecution has had time to think about this and look through the case as it now stands they'll see what we see that Dwayne is innocent."
Provience is serving a sentence of 30 years to 60 years. He has been in custody since his arrest in June, 2000.
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