Traverse City Record-Eagle

Michigan

November 24, 2009

Man to learn if he's cleared in killing

DETROIT (AP) -- A Detroit man who spent nearly a decade behind bars is returning to court to learn if he'll face a second murder trial.

Dwayne Provience (proh-VEE'-ens) was released Nov. 3 after a Wayne County judge threw out his second-degree murder conviction. Law students from the University of Michigan discovered that a police report suggesting another killer was not shared at his 2001 trial.

Judge Timothy Kenny has scheduled a hearing Tuesday to learn what prosecutors want to do next. The 36-year-old Provience is out on bond and wearing an electronic tether.

Law students from the Michigan Innocence Clinic say they turned up fresh information by interviewing people who were familiar with the drug-related homicide in 2000.

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