Larry Swearingen - TX - 2/27/2013 STAYED

Started by antionette, January 24, 2007, 02:53:28 PM

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antionette

January 24, 2007, 02:53:28 PM Last Edit: July 31, 2011, 07:48:28 PM by Granny B
Larry Swearingen execution date 1/24/07  STAYED

Texass did NOT get two this week


p.s.  I am glad that an execution did not take place because I am against ANY human being taking the life of another.  It's morally wrong.  That does not mean that I don't care how the victims family feels right now.  I care very much for them and for those (or one) that know me, understand my struggle with the death penalty and the victims families.  This right now is about government sancationed murder....

Duped

do not be fooled by this man.  I know him personally and he is not an innocent victim of the system.

antionette


do not be fooled by this man.  I know him personally and he is not an innocent victim of the system.


I never said he was innocent.  I said his execution was stayed.  There is a difference.   ::)

Duped

I understand that.  Just was stating my thought.
It is a good thing that the execution was stayed as there is still questions regarding this case....but i have seen many people quoted on the internet regarding "poor Larry." 
Its all good! :-*

dallasdiesel

#4
January 25, 2007, 01:57:16 AM Last Edit: January 25, 2007, 01:59:34 AM by dallasdiesel

Does this mean the death penalty may eventually go down in Texas?
                John G

Duped

"Does this mean the Death Penalty may go down in Texas?"

Do you mean for Swearingen?  Or in general, a decrease in numbers?

dallasdiesel

As in numbers now, but who knows later? Texas has a rep for sloppy and politicly motivated work. In our family we joke that little effort would be made to solve the crime if we were murdered. BUT for murders where the politicos can get help thier popularity.
Time and money are no barriers.
          John G

thefan

Saw a story the other night that said texas, utah and 4 or 5 other states are trying to be more strict and increase death sentences
Posted on: February 08, 2007, 09:43:22 PM

Larry Swearingen execution date 1/24/07  STAYED

Texass did NOT get two this week


p.s.  I am glad that an execution did not take place because I am against ANY human being taking the life of another.  It's morally wrong.  That does not mean that I don't care how the victims family feels right now.  I care very much for them and for those (or one) that know me, understand my struggle with the death penalty and the victims families.  This right now is about government sancationed murder....


Being against a human taking the life of another meaning both death penalty and MURDER. Call execution sancationed murder (WRONG) at least there is a reason and purpose to it and the person being executed set themself up and somewhat volunteered. If you are telling the truth about being against a persons life being taken you should be against murderers in every way and quit defending them.

Jeff1857

#8
September 20, 2007, 05:43:54 AM Last Edit: February 19, 2010, 08:14:06 PM by Jeff1857
Swearingen appeal denied


Convicted murderer Larry Ray Swearingen's appeal has been denied by 9th state District Court Judge Fred Edwards, but Swearingen's attorney said he will continue fighting to prove Swearingen's innocence.

Last Thursday, Edwards signed the findings of fact and conclusion of law after weighing testimony presented during an evidentiary hearing in his court in July.

"It is the recommendation of this court that the relief requested by Applicant be denied," the document states.

Swearingen, 36, who was convicted of kidnapping and strangling 19-year-old Melissa Trotter, was to die by lethal injection in January when the Texas Court of Criminal Appeals granted him a stay to re-examine 6 issues pertaining to his trial. Among the issues was whether the prosecution's experts had incorrectly determined the time of Trotter's death.

The case now heads back to the Texas Court of Criminal Appeals. A decision is expected in a matter of days or weeks, but no timeline is set.

If the Court of Criminal Appeals rules in favor of Edwards' decision, the case will return to the 9th state District Court for a reset of the execution date. If so, Rytting plans on appealing the decision to a federal court.

"There is no way we are going to let Montgomery County kill Larry Swearingen," Rytting said. Trotter was last seen on the Montgomery College campus Dec. 8, 1998. Her body was found in the Sam Houston National Forest 25 days later.

According to Edwards' conclusion of law, Swearingen's "death sentence was lawfully imposed," but Swearingen's Houston attorney, James Rytting, argues that Edwards and the state are ignoring "powerful" pathological evidence.

"Someone else killed her," Rytting said. "There isn't even a question about it. The pathological evidence shows that it had to be someone else."

During the evidentiary hearing, Rytting put Harris County Chief Medical Examiner Dr. Luis Sanchez on the stand, who testified that Trotter's body could not have been in the state forest for more than 10 days, or at most, two weeks. He based his opinion on the condition of the liver and pancreas, which usually deteriorate rapidly after death.

In addition to Sanchez's testimony, entomologists stated that blow flies had not colonized in Trotter's body before Dec. 18, 1998.

Rytting believes the evidence supports Swearingen's innocence because Swearingen was in jail for at least a week before Trotter's body was taken to the woods.

But Edwards' conclusion of law states that the evidence presented during the hearing would not have changed a juror's decision to convict Swearingen.

"Based on the trial counsel's credible explanation that he had no reason to be looking for any evidence, entomological or otherwise, that would have contradicted the state's theory as to the date of death because the Applicant's own medical expert agreed with the Medical Examiner concerning the date of death, counsel cannot be characterized as deficient in failing to consciously recognize the entomological evidence in this case," the conclusion of law states.

Montgomery County Assistant District Attorney Marc Brumberger felt that the evidence presented during the hearing supported the state's case against Swearingen.

"I thought this was a waste of time," Brumberger said. "I don't know what else they could argue." Edward's decision came as a "sigh of relief" to Melissa Trotter's parents, Sandy and Charles Trotter, who are ready to focus on their daughter's life and not her death.

"We, as Melissa's family, are ready for this to be over with," Sandy Trotter said. "I just pray that God will walk with us these next few months. He's carried us all through this so far."

(source: The Courier)
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Swearingen got a stay from the TCAA on 1/24/07 for a hearing on further evidence. Now that has been denied hopefully justice will be swift for Ms Trotter and her family. I certainly hope the same outcome will come when Henderson's smokescreen comes up with her hearing and we can get her on the scheduled execution page again.

Granny B

Ditto!!

Thanks Jeff :-*
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

Jeff1857

In Wednesday's TCCA orders they concurred with the trial court and have lifted the stay of execution for Swearingen. I'm sure they won't schedule it until the Baze decision though.

tramoore

Things are starting to look up!  :)

Jeff1857

From the TCCA Orders today:

EX PARTE LARRY RAY SWEARINGEN




--------------------------------------------------------------------------------


ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 99-11-06435-CR FROM THE


9TH DISTRICT COURT OF MONTGOMERY COUNTY



--------------------------------------------------------------------------------


Per Curiam.



ORDER




This is a second subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5.

Applicant was convicted of capital murder on June 28, 2000, and sentenced to death. We affirmed the conviction and sentence on direct appeal. Swearingen v. State, 101 S.W.3d 89 (Tex. Crim. App. 2003). On March 11, 2002, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Swearingen, No. WR-53,613-01 (Tex. Crim. App. May 21, 2003). On January 22, 2007, applicant filed a subsequent application. Six of his claims were remanded to the convicting court for resolution. We reviewed the findings of the convicting court, adopted them, and denied his application. Ex parte Swearingen, WR-53,613-04 (Tex. Crim. App. January 16, 2008). Applicant has now filed this second subsequent application in which he raises six claims. After reviewing the application we find that claims one through four do not meet the requirements of Article 11.071, Section 5, for consideration of subsequent claims and they are dismissed as an abuse of the writ.

Applicant's claims five and six allege that the State withheld material, exculpatory evidence and knowingly sponsored false testimony. We find that applicant's claims five and six meet the requirements for consideration of subsequent claims. These claims are remanded to the convicting court for resolution. While resolving the claims, we request that the convicting court specifically inquire into the following: (1) Whether applicant's trial counsel reviewed or had access to the reports that Robbie Grove had been interviewed as a suspect or person with possible information as part of the investigation; (2) whether habeas counsel reviewed or had access to the reports that Robbie Grove was investigated, and (3) whether investigators interviewed Lisa Roberts as part of the investigation. The trial court shall also make findings of fact regarding whether an affidavit from Lisa Roberts could reasonably have been obtained before applicant's first application was filed, and the credibility of the affidavit..

IT IS SO ORDERED THIS THE 5TH DAY OF MARCH, 2008.

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So the trial court has to answer those questions first.


Jeff1857

Swearingen had a motion to recuse denied in the TCCA opinions of 26 November 08 today. Hopefully this will be the start of getting him a new execution date set.

Opinion is here:
http://www.cca.courts.state.tx.us/OPINIONS/PDFOPINIONINFO2.ASP?OPINIONID=17704&FILENAME=AP-75,966.PDF

Henrik - Sweden

It says that his appeal was denied because it was untimely. What does that mean?

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