[Deathpenalty] death penalty news----TEXAS

[Rick Halperin]

August 21




TEXAS----impending execution

After 19 Years On Death Row, Could Time Be Up For Larry Swearingen?

Convicted killer Larry Swearingen is scheduled to be executed Wednesday. It was 
almost 20 years ago that Swearingen was found guilty of the abduction, rape and 
strangulation of Montgomery County college student Melissa Trotter.

This is the sixth time that Larry Swearingen was given an execution date by the 
state of Texas. Once he was just minutes from being put to death.

“When you're sitting there watching the clock, it really speeds up a lot 
faster,” Swearingen said.

This could also be the sixth time Melissa Trotter’s mother, Sandy Trotter, goes 
through the process of watching the man convicted of murdering her daughter not 
be executed.

“We are more than ready to be done so hopefully it’s looking more likely it’s 
going to happen.  We’ve been delayed quite a few times,” Trotter said as she 
held a 6-month-old grandson on her knee. The whole family is going to be in 
Huntsville to witness the execution of Swearingen, which she said should have 
happened years ago.

“It's been very frustrating for our family and horrific for the 92-year-old 
grandfather Charles Trotter Senior. He will be there viewing Swearingen 
executed,” Sandy said.

Melissa went missing on Dec. 8, 1998 and her body was found 25 days later in 
the Sam Houston National Forest. After being presented with what the 
prosecution called a mountain of evidence, it took a jury just over 3 hours to 
convict Swearingen. Ever since, he has insisted on his innocence.

“If they kill me, I won't be the first man that's been killed. I won't be the 
last. They killed Todd Willingham on junk science. I'm probably no different. 
But it doesn't mean I'm gonna roll over and just let them do what they want to 
do without a fight,” Swearingen said.

Cameron Todd Willingham was executed in 2004 for the arson deaths of his 
children. It’s believed, although not officially acknowledged, that he was 
convicted on the misinterpretation of evidence and Texas executed an innocent 
man. Swearingen has filed appeals also claiming his conviction was based on 
junk science.

But Sandy Trotter said she has no doubt that Swearingen is her daughter’s 
killer.

“I 100% believe that the evidence is just overwhelming, overwhelming,” she 
said. “And the appeals court has even said that. It’s like the giant elephant 
sitting in the corner of the room.”

Trotter said she believes there should be an appeal process for the death 
penalty cases but Swearingen has abused that process.

“I think it really needs to be evaluated. He has had way too many appeals,” she 
said. “I mean they look at one little microscopic DNA something rather than 
looking at the whole picture.”

Kelly Blackburn is with the Montgomery County D.A. office, which prosecuted 
Swearingen. He said this execution should have happened years ago.

“We agree with everyone that before you put someone to death, everything should 
be done. We’re willing to do that and we're doing it in the most transparent 
manner possible,” he said. “Melissa Trotter's family understands that too, but 
its time.”

Robert Dunham of the Death Penalty Information Center said the appeals process 
for Swearingen has taken a long time because of the flaws in the evidence used 
to convict him in the first place.

“They don't consider in Mr. Swearingen’s case the seven different types of junk 
science. They look at it one piece at a time, and rule it out,” Dunham said. 
“In the end, what you have is delay of 19 years and the possibility, a very 
strong possibility that an innocent person may be executed.”

Dunham said because of the questions with the evidence, the Supreme Court could 
grant a stay of execution.

“Depending on the nature of the pleadings, the Supreme Court could send the 
case back for a review of the evidence where they could grant review to assess 
whether Mr. Swearingen has met the actual innocence requirements,” Dunham said.

Blackburn said another stay doesn’t matter, eventually justice will be served.

“If it takes 30 years to kill him, then that's what we're gonna do,” he said. 
“To say whether its takes too long, that's neither here nor there and not for 
me to say. It’s the system that we have.”

(source: tpr.org)