Prosecutor asks judge to undo request for new Gaines trial - ABC 12 – WJRT – Flint, MI

(02/27/13) - It's an about-face by Saginaw County's newly elected prosecutor.

As we've been reporting, John McColgan made a controversial decision to request a new trial for Logan Gaines, the former volunteer Birch Run track coach convicted of sex crimes. Now, the prosecutor will ask a judge to un-do that request.

Tuesday, we reported that a new trial for Gaines was not a sure thing. Now it appears it will not happen at all.

"There are some appellate issues there, and we had to evaluate it, and make a determination and it was a tough decision," Saginaw County Assistant Prosecuting Attorney Christopher Boyd said last week, while explaining why the prosecutor's office agreed to a stipulated request to grant Logan Gaines a new trial.

Gaines was convicted and sentenced to prison last year for having sexual relations with three underage girls. Two of the victims and their mothers told ABC12 News they were outraged by the decision. But now, Saginaw County Prosecutor John McColgan is going to make a new motion in the case.

"It's going to request the judge to withdraw the stipulation that I made as regard to a new trial," McColgan said.

McColgan has denied he first granted the re-trial request because Gaines parents helped his campaign in the August primary and the November general election. As far as why he's changed his mind, he said, "I agreed to the stipulation based upon representations made to me that I found out recently not to be true."

But McColgan would not say what those representations were.

This legal football is now in the hands of Circuit Court Judge Janet Boes, who granted the stipulated request earlier this month. She could deny the prosecution's motion and let a new trial proceed.

Now, there is a new bond hearing set for Gaines on Monday. That will determine if Gaines is released from jail until this new trial would start, but now with the prosecution changing its mind, it's not clear if that bond hearing will be held.

Judge Boes could make that decision Monday morning when a hearing is scheduled in the Logan Gaines case.