STORY: "Swearingen defence requests more DNA tests," by reporter Brandon K. Scott, published by Your Houston News on June 16, 2014.
GIST: "Attorneys for Larry Swearingen filed an amended motion last week to the 9th state District Court in Montgomery County for additional DNA testing in his capital murder case. Swearingen was convicted and sentenced to death in 2000 for the killing of 19-year-old Montgomery College student Melissa Trotter. Defense attorney James Rytting said biological material on various clothing items have been identified for testing, supported with a signed affidavit from a DNA expert. Prosecutors contend that the decision on DNA testing already was made twice in rulings by the Texas Criminal Court of Appeals, which denied similar motions in 2010 and this past February. Still, Rytting argues there could be evidence to support Swearingen’s claim he was not the last person with Trotter before she was brutally murdered. “We have identified some very important facts that are clearly mistaken that change the way that DNA testing must be looked at,” Rytting said. “The law has changed, the facts have changed, and now we have additional evidence we believe Mr. Swearingen was not the last person with the victim -- that she was with someone else. They have the wrong person in jail. “It’s not just the touch DNA, but we’ve identified through all the bench notes of DPS analysis, hair evidence that they described as appearing similar to body hair on various items of clothing -- the panties, shirt and socks. We want that tested. They can do mitochondria. They can look to see if they can get a full DNA profile depending on how the hair was removed. This isn’t just touch DNA.”......... A motion was filed in early March with the state of Texas for a tentative execution date of April 24, but Swearingen requested a hearing in the 9th state District Court of Judge Kelly Case the week of May 12. Both the defense and prosecution await a decision by Case on whether more testing will be allowed."
GIST: "Attorneys for Larry Swearingen filed an amended motion last week to the 9th state District Court in Montgomery County for additional DNA testing in his capital murder case. Swearingen was convicted and sentenced to death in 2000 for the killing of 19-year-old Montgomery College student Melissa Trotter. Defense attorney James Rytting said biological material on various clothing items have been identified for testing, supported with a signed affidavit from a DNA expert. Prosecutors contend that the decision on DNA testing already was made twice in rulings by the Texas Criminal Court of Appeals, which denied similar motions in 2010 and this past February. Still, Rytting argues there could be evidence to support Swearingen’s claim he was not the last person with Trotter before she was brutally murdered. “We have identified some very important facts that are clearly mistaken that change the way that DNA testing must be looked at,” Rytting said. “The law has changed, the facts have changed, and now we have additional evidence we believe Mr. Swearingen was not the last person with the victim -- that she was with someone else. They have the wrong person in jail. “It’s not just the touch DNA, but we’ve identified through all the bench notes of DPS analysis, hair evidence that they described as appearing similar to body hair on various items of clothing -- the panties, shirt and socks. We want that tested. They can do mitochondria. They can look to see if they can get a full DNA profile depending on how the hair was removed. This isn’t just touch DNA.”......... A motion was filed in early March with the state of Texas for a tentative execution date of April 24, but Swearingen requested a hearing in the 9th state District Court of Judge Kelly Case the week of May 12. Both the defense and prosecution await a decision by Case on whether more testing will be allowed."
The entire story can be found at:
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
Harold Levy: Publisher; The Charles Smith Blog;
