A special prosecutor is being appointed to
probe the conduct of police and the prosecutor in the case of a man
wrongfully convicted of rape, a spokesman with the Michigan Attorney
General's Office confirmed Wednesday.
The probe is the latest development stemming from Ken
Wyniemko's
year-old federal lawsuit, which lays out evidence that suggests
witnesses were coached, evidence was buried, conflicting leads were
ignored and justice was forsaken for a conviction.
Wyniemko, a former Clinton Township resident and night
manager
at a
bowling alley, was released from prison after DNA evidence cleared him
in June 2003. He spent nearly nine years behind bars.
"What was done to me should never happen to anyone,"
said
Wyniemko,
53, who lives with friends in Auburn Hills and drives an SUV a friend
gave him with a personalized license plate that says "INOCNT."
Last week, as new evidence mounted in the case, the
Macomb
County
Prosecutor's Office referred the lawsuit to the Michigan Attorney
General's Office, which gave the case to the Prosecuting Attorneys
Association of Michigan.
Randall Thompson, a spokesman for the attorney general,
said
Wednesday the association was preparing to name a special prosecutor
from a local prosecutor's office to "investigate the case to determine
if there was any wrongdoing."
Arguing his civil rights were violated, Wyniemko is
suing
Clinton
Township, the detectives who put him behind bars, Thomas Ostin and Bart
Marlatt, and their supervisor, Chief Alexander Ernst. The assistant
prosecutor, Linda Davis, hasn't been named in the lawsuit, which
doesn't seek specific damages.
Davis is now the chief judge in 41-B District Court in
Mount
Clemens. She declined to comment, as did Wyniemko's Bloomfield Hills
attorneys, Thomas Howlett and George Googasian.
Ostin, Marlatt and Ernst, each of whom still work for
the
Clinton
Township Police Department, declined to comment through their Troy
attorney, Roger A. Smith.
"The allegations are outrageous, and they actually
impugn the
prosecutor in the case as much as the police officers, but all of the
individuals, including the prosecutor, enjoy impeccable reputations,"
Smith said.