FOX 66 News at Ten
A Birch Run man may not get a new trial on sexual assault charges after all. Gaines was convicted of criminal sexual conduct charges in a February-March 2012 jury trial.
Saginaw County Circuit Court Judge Janet Boes then ruled in October that a new trial was not necessary and the issues Gaines' attorney raised were not valid.
As TV5 reported last week, Logan Gaines was granted a retrial after Saginaw County Prosecutor John McColgan agreed with Gaines' appellate attorney John Royal that a new trial was warranted. On Feb. 4, Boes signed the order for a new trial and threw out Gaines' conviction.
That move caused anguish for the alleged victims and their parents. The girls were 13 and 14 at the time the investigation began. Gaines was a volunteer at the school and coached at least one of the girls.
McColgan said he was concerned that issues from the first trial would cause the State Court of Appeals to send the case back for a retrial.
But yesterday McColgan's office filed a motion asking to withdraw the orders requesting a new trial and the vacation of Gaines' convictions. All the parties will be back on court on Monday for a bond hearing. The prosecutor's office says they will bring their motion before the judge asking for the conviction to be upheld. The judge will have the final say.
Gaines is still in custody in the Saginaw County Jail while awaiting a ruling.
Copyright 2013 WNEM (Meredith Corp.) All rights reserved.
Friday, March 1 2013, 10:31 AM EST
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