"As Swearingen appealed his conviction, though, his lawyers found forensic experts, including some of the state's leading medical examiners, to study the case. Those experts determined Trotter had been dead only several days when her body was found. What's more, the prosecution's lead witness re-examined the case and said she had been wrong in her trial testimony. She said Trotter had been killed as long as 10 days after Swearingen had been arrested."
REPORTER STEVE MILLS: THE CHICAGO TRIBUNE;
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BACKGROUND: Larry Swearingen was sentenced to death in 2000 for the murder of Melissa Trotter in 1998. Melissa Trotter went missing on 8 December 1998. Larry Swearingen was arrested three days later, and has been incarcerated ever since. The body of Melissa Trotter was found in a forest on 2 January 1999. Larry Swearingen was tried for her murder, and sentenced to death. He maintains his innocence of the murder. Several forensic experts have provided statements and testimony that support his claim. One of these experts, Dr Joyce Carter, is the former Chief Medical Examiner of Harris County in Texas who performed the autopsy of Melissa Trotter and testified at Larry Swearingen’s trial that in her opinion, Melissa Trotter had died 25 days before her body was found. In an affidavit signed in 2007, Dr Carter stated that she had looked again at the case and changed her opinion. She concluded that Melissa Trotter’s body had been left in the forest within two weeks of it being found. If accurate, this would mean that the body was dumped at a time when Larry Swearingen was already in custody.
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"As Texas Gov. Rick Perry considers a presidential run, another death penalty case with tough questions about scientific evidence may become an issue. In this case, Perry would decide whether to proceed with the execution," the Chicago Tribune story by reporter Steve Mills published on June 25, 2011 under the heading, "Another case could raise tough questions for Gov. Rick Perry: With death row inmate Larry Ray Swearingen, timing of murder is the issue," begins.
"Larry Ray Swearingen is on death row for the December 1998 kidnapping and murder of Melissa Trotter," the story continues.
"At issue is scientific evidence that estimates when Trotter was murdered. That is crucial because she disappeared Dec. 8, 1998, and her body was found more than three weeks later, on Jan 2, 1999, in the Sam Houston National Forest.
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Swearingen was taken into custody and jailed Dec. 11, 1998, on other charges, then charged with the murder. His lawyer insists he could not have committed the crime because he was in jail when it happened.
At trial, a former chief medical examiner from Houston testified that Trotter had been dead about 25 days. That time frame made it possible for Swearingen to have committed the crime before he was taken into custody.
As Swearingen appealed his conviction, though, his lawyers found forensic experts, including some of the state's leading medical examiners, to study the case. Those experts determined Trotter had been dead only several days when her body was found. What's more, the prosecution's lead witness re-examined the case and said she had been wrong in her trial testimony. She said Trotter had been killed as long as 10 days after Swearingen had been arrested.
The prosecutors have countered with two chief arguments. The first is procedural: They say Swearingen should not be given another opportunity to challenge his conviction because the evidence about the time of death was available at trial.
The prosecutors also say that the lack of consensus among Swearingen's experts — they differ on how many days Trotter had been dead — shows the estimates of when she died are not credible. Moreover, they say they do not outweigh evidence of his guilt.
To Swearingen's attorney, James Rytting, of Houston, the evidence about when Trotter died means his client could not have committed the crime. If Swearingen's remaining appeals fail, he will turn to the state's pardon board and Perry for clemency.
A new execution date is expected to be set soon, Rytting said.
"In Willingham, it was bad science that convicted him. In this case, it's all the scientists on board saying it's impossible (that he did it)," Rytting said."
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THE STORY CAN BE FOUND AT:
http://articles.chicagotribune.com/2011-06-25/news/ct-met-perry-execution-3-20110625_1_tough-questions-new-execution-date-death-row
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PUBLISHER'S NOTE: 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/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
