STORY: "Lawyers agree to DNA testing in Swearingen's death row case," by reporter Keri Blakinger, published by The Chronicle on October 29, 2017.
GIST: "After years of courtroom wrangling, lawyers
from both sides are finally agreeing to move forward with DNA testing in
the 1998 rape and murder of Montgomery College student Melissa Trotter. The agreement, expected to be finalized in
court papers in the coming weeks, comes just days after a judge called
off the pending execution of death row inmate Larry Swearingen, who was
convicted in the slaying nearly two decades ago and has since repeatedly
professed his innocence. "They're doing the right thing," defense attorney
James Rytting said Sunday, pointing to another death row inmate's
alleged plan to confess to the crime as evidence of the need for
testing. A lab would likely evaluate the rape kit, the ligature used to strangle Trotter, finger nail scrapings and hair. "We're still working out the details, but I'm excited
that Mr. Rytting has finally agreed to allow us to test this DNA,"
Montgomery County District Attorney Brett Ligon said Sunday. "I'm glad
to be moving forward on this matter." Years-long legal battles over DNA testing have become
a hallmark of Swearingen's case, which even sparked changes to state
laws regarding post-conviction DNA testing in 2015. Both sides have
pushed for DNA testing at times, but always using different legal
mechanisms and never in agreement. At least twice, a trial court judge sided with
Swearingen's testing requests - but each time the state slapped down the
lower court's move, ruling that new DNA wouldn't be enough to counter
the "mountain of evidence" pointing to Swearingen's guilt. In 2013, prosecutors filed a failed bid for DNA testing, but the defense opposed. Now, though, an alleged death row confession plot
that could have seen another convicted killer confess to Trotter's death
has sparked new interest in testing. "Both sides now recognize that there's a need to test the evidence," Rytting said. Swearingen
and Trotter were seen in the college's library together on Dec. 8, 1998
- the day of the teen's disappearance. Afterward, a biology teacher
spotted Trotter leaving the school with a man. Hair and fiber evidence later showed that she'd been in Swearingen's car and home the day she vanished. The killer's wife testified that she came home that
evening to find the place in disarray - and in the middle of it all were
Trotter's lighter and cigarettes. Swearingen later filed a false
burglary report, claiming his home had been broken into while he was out
of town. That afternoon, Swearingen placed a call routed
through a cell tower near FM 1097 in Willis - a spot he would have
passed while heading from his house to the Sam Houston National Forest
where Trotter's decomposing body was found 25 days later. Swearingen was convicted and sentenced to death in
2000, but on Friday a judge approved calling off his Nov. 16 death date -
the fifth one scheduled in the case - as a result of a filing snafu."
The entire story can be found at:
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c
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