"For years Swearingen and his attorney , James Rytting, of Houston, have based his innocence on forensic evidence that shows Swearingen could not have been at the time and place of the murder.
Rytting remains convinced the evidence exonerates his client."
REPORTER HOWARD RODON; EAST MONTGOMERY COUNTY OBSERVER;
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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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"More than two months after the 5th Circuit U.S. Court of Appeals upheld the dismissal of a successive habeas corpus petition, 9th state District Judge Fred Edwards set August 18 as the execution date for convicted killer Larry Ray Swearingen," the East Montgomery County Observer story by reporter Howard Rodon published earlier today begins, under the heading, "Swearingen’s execution date set for August 18."
"Swearingen was sentenced to death in 2000 for for the abduction and murder of 19-year-old college student Melissa Trotter. Her body was found Jan. 2, 1999, in the Sam Houston National Forest, 25 days after she was last seen leaving the Lone Star College-Montgomery campus on Texas 242," the story continues.
"But Swearingen's legal fight is not over. He filed a sixth writ of habeas corpus with the state Court of Criminal Appeals last week, said Assistant District Attorney Bill Delmore, of the Montgomery County District Attorney's appellate division.
Swearingen, 40, has to show a "factual or legal basis" of the claim was not available at the time of an earlier habeas proceedings, Delmore said. Otherwise, Swearingen can seek an appeal with the U.S. Supreme Court, or with the Texas Board of Pardons and Paroles.
The latter agency can recommend Gov. Rick Perry issue a stay or commute Swearingen's sentence.
Sandy Trotter, Melissa Trotter's mother, felt "very relieved" Swearingen was given an execution date. But 12-1/2 years of appeals - and two stays of executions - have left Sandy Trotter "tired" of the entire judicial system.
"I won't believe it (the execution) until it's done," she said. "I wonder what he's (Swearingen) is thinking, then I think about where's Melissa. I most definitely have to go through this because this is for Melissa. Her family is her voice."
For years Swearingen and his attorney , James Rytting, of Houston, have based his innocence on forensic evidence that shows Swearingen could not have been at the time and place of the murder.
Rytting remains convinced the evidence exonerates his client.
"It's a good case," Rytting said.
In an execution order signed June 24, Edwards notes he received the mandate from the state Court of Criminal Appeals "affirming the defendant's conviction and death sentence in this case."
Edwards decreed Swearingen will remain in custody by the director of the Institutional Division of the Texas Department of Criminal Justice in Huntsville until Aug. 18, when "at some time after the hour of 6 p.m., in a room arranged for the purpose of execution, the said Director, acting by and through the executioner ... is hereby commanded, ordered and directed to carry out this sentence of death by intravenous injection of a substance or substances in a lethal quantity sufficient to cause the death of the said Larry Ray Swearingen and until the said Larry Ray Swearingen is dead."
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THE STORY CAN BE FOUND AT:
http://www.yourhoustonnews.com/east_montgomery/news/article_143da5bc-a100-11e0-a3ee-001cc4c002e0.html
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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;
