"The theory was that Swearingen killed Trotter on Dec. 8, after she rebuffed his sexual advances, and he then dumped her body, that same day, in the forest.
But much of the evidence linking Swearingen to the case was circumstantial and since his conviction in 2000, science has stepped in: scientists now agree that Trotter was not in the woods for three weeks; moreover, they argue that biological evidence demonstrates that she wasn't killed until after Swearingen was arrested – meaning that Swearingen could not have been Trotter's killer.
Swearingen's latest appeal, based on new microscopic tissue evidence, was granted by the CCA today and his execution, scheduled for August 18, was stayed."
REPORTER JORDAN SMITH; THE HOUSTON CHRONICLE;
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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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"The Court of Criminal Appeals today stayed the execution of Larry Swearingen, sending the case back to the trial court for further review," the Houston Chronicle story by reporter Jordan Smith published earlier today under the heading, "Execution Stayed," begins.
"Swearingen was convicted of the 1998 kidnap-rape-murder of 19-year-old Melissa Trotter in Montgomery County. Prosecutors have said – and the CCA has previously agreed – that a "mountain" of evidence links Swearingen to the college student's death," the story continues.
"Trotter disappeared on December 8, 1998 from the Montgomery College campus; Swearingen was seen with her at the college shortly before she disappeared. He was arrested, on outstanding warrants, three days later and has remained behind bars since then. Trotter's body was not found until January 2, 1999, off a dirt road near Lake Conroe in the Sam Houston National Forest. The theory was that Swearingen killed Trotter on Dec. 8, after she rebuffed his sexual advances, and he then dumped her body, that same day, in the forest.
But much of the evidence linking Swearingen to the case was circumstantial and since his conviction in 2000, science has stepped in: scientists now agree that Trotter was not in the woods for three weeks; moreover, they argue that biological evidence demonstrates that she wasn't killed until after Swearingen was arrested – meaning that Swearingen could not have been Trotter's killer.
Swearingen's latest appeal, based on new microscopic tissue evidence, was granted by the CCA today and his execution, scheduled for August 18, was stayed."
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THE STORY CAN BE FOUND AT:
http://www.austinchronicle.com/blogs/news/2011-07-28/execution-stayed/
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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
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
