Larry Swearingen

Larry Swearingen (born 21 May 1971) is an American man on death row in Texas, convicted in July 2000 for the 1998 kidnapping, rape, and murder (by strangulation) of 19 year old Melissa Trotter. There is doubt as to Swearingen's guilt; namely, it is claimed that he was in police custody at the time of the victim's death, as well as two instances of DNA evidence excluding Swearingen as the donor.cite web|url=http://www.iippi.org/inmates/texas/larryswearingen.html|title=Larry Swearingen|publisher=Innocent In Prison Project International|updated=2008-08-21|accessdate=2008-10-10]

As of October 2008, Swearingen is incarcerated at the Polunsky Unit.

The trial

Swearingen was arrested on 11 December 1998. According to the testimony of three forensic pathologists, two forensic entomologists, and one medical examiner, the victim was murdered between the 20th and 26th of December; however, Swearingen had already been incarcerated then.cite web|url=http://texasdeathpenalty.blogspot.com/2008/09/please-take-action-for-larry-swearingen.html|title=Please Take Action to Save Larry Swearingen|publisher=Texas Death Penalty Blog|date=2008-09-24|accessdate=2008-10-10] In contrast to this, the Texas Department of Criminal Justice maintains that the murder was committed on the 8th of December.cite web|url=http://www.tdcj.state.tx.us/stat/swearingenlarry.htm|date=2008-06-27|accessdate=2008-10-10|title=Offender Information - Larry Swearingen|publisher=Texas Department of Criminal Justice]

Much of the prosecuting testimony was given by Dr. Joye Carter. In October 2007, Carter recanted her testimony.

Physical evidence

Whilst there is no physical evidence linking Swearingen to the crime scene, fiber evidence shows that Ms. Trotter had been in Swearingen's trailer, on the floor and "perhaps the bed", as well as being in the cab of Swearingen's pickup truck. Despite the fact that neither Swearingen nor his wife were smokers, a packet of cigarettes, of the brand that Ms. Trotter smoked, was found in the trailer. A piece of hosiery, the companion to the piece that was used to strangle Ms. Trotter, was found in a rubbish heap beside the trailer. Hair evidence linked the piece of hosiery found in the rubbish heap to Swearingen's wife. Mobile phone records apparently showed that Larry Swearingen had traveled from his trailer to the location at which Ms. Trotter's body was found.

Traces of blood retrieved from Ms. Trotter's autopsy was identified as male, but excluded Swearingen as the donor. A vaginal swabbing of Ms. Trotter during the autopsy recovered unidentified pubic hairs, which DNA testing excluded Swearingen from being the donor of.

Conviction and sentencing

Larry Swearingen was convicted of capital murder on 28 June 2000.cite press release|url=http://www.oag.state.tx.us/oagNews/release.php?id=1901|title=Media Advisory: Larry Swearingen Scheduled For Execution|date=2007-01-18|accessdate=2008-10-10|publisher=Texas Attorney General] He was sentenced to death by lethal injection "for murder while in the course of kidnapping, and sexual assault" on 12 July 2000.

Planned execution

After exhausting his appeals, Larry Swearingen was given an execution date of January 24 2007. A stay of execution was granted 24 hours before the scheduled execution, to have an evidentiary hearing. The hearing occurred in June 2007, with new evidence of Swearingen's innocence being presented; Swearingen was denied clemency, with Judge Fred Edwards saying "that the evidence presented during the hearing would not have canged a juror's decision to convict Swearingen".

References

External links

* [http://www.larry-swearingen.com/ Larry Swearingen Support Group]