Convicted murderer freed on bond after 8 years in prison

Santiago Esparza / The Detroit News

Detroit -- Cheers erupted in Wayne Circuit Court on Tuesday after a judge granted a new trial for a Detroit man who insists he was wrongfully imprisoned for murder.

Dwayne Provience, 36, surrounded by family and supporters, will leave prison for the first time in eight years after Judge Timothy Kenny ordered him freed on bond.

"We knew from the beginning he was innocent," a sobbing Vonzella Battle said. "We knew from the beginning it was not him. It couldn't be him."

The Innocence Clinic at the University of Michigan dedicated six students to help Provience, who was convicted of second-degree murder in the fatal shooting of Rene Hunter in 2000. He was sentenced to 32-62 years in 2001.

The prosecution's case relied heavily on the testimony of Larry Wiley, who said Provience shot and killed Hunter. The clinic says Wiley was not credible because other witnesses contradicted his statements and that information from police showing investigators thought a neighborhood dope gang could have been involved with the shooting was withheld from Provience's attorney when he went to trial.

"Mr. Wiley is the people's only witness, really, in terms of Mr. Provience's involvement in this particular case," Kenny said.

In a statement issued before Tuesday's hearing, Wayne County Prosecutor Kym Worthy said a new trial was merited. Wearing green inmate garb, a long-sleeved, white thermal shirt and plastic sandals, Provience told the judge, "Yes, sir," when asked if he would attend future court proceedings if given bond.

A Nov. 24 docket hearing is set.

Battle said the family will hold a welcome home party for her son. "It's like all of the holidays are happening at once," she said.

sesparza@detnews.com (313) 222-2127