Larry Swearingen - TX - 2/27/2013 STAYED

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

previous topic - next topic

0 Members and 1 Guest are viewing this topic.

Go Down

Jeff1857

Literally, it means this smoke and mirror tactic didn't work. Technically it means he didn't previously raise this issue in prior appeals and there are timeframes for that. He didn't cut the mustard.  ;)

Jeff1857

The rest of Swearingen's claims were denied in today's TCCA orders.
He previously had an execution date in January 2007. Hopefully the DA and the trial court will schedule another date quickly

Opinion is here:

http://www.cca.courts.state.tx.us/OPINIONS/PDFOPINIONINFO2.ASP?OPINIONID=17787&FILENAME=WR-53,613-05.PDF

JeffB

Looks like they probably will move to pencil him in... 
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

Michael

It´s unfortunately a long way until justice will be served...

Michael
I´m not sure if there´s a hell, but I believe in executed murderers.

JT

If he is indeed now ripe for execution, how long will it take a Montgomery County judge to sign his warrant?  Some County courts are much faster to sign death warrants than are other courts. 
JT's Ridiculous Quote of the Century:
"I'm disgusted with the State for even putting me in this position."
-- Reginald Blanton, Texas death row.  As of October 27, 2009, Reggie's position has been in a coffin.

Jeff1857

#20
December 22, 2008, 11:18:15 PM Last Edit: December 22, 2008, 11:40:56 PM by Jeff1857
New execution date set per TDCJ website. The answer is JT it didn't take them much time at all to want to get rid of this scumbag.  ;D ;D ;D

vikkiw47

yahoo that is great news !!!!
Justice is not about bringing back the dead. It is not about revenge either. Justice is about enforcing consequences for one's own actions to endorse personal responsibility. We cannot expect anyone to take responsibility for their own actions if these consequences are not enforced in full.

JT

I got my answer sooner than I thought!

Adios, Larry...
JT's Ridiculous Quote of the Century:
"I'm disgusted with the State for even putting me in this position."
-- Reginald Blanton, Texas death row.  As of October 27, 2009, Reggie's position has been in a coffin.

JeffB

Exactly..  Hopefully the Trotter family, et al, will be pleased.  :)
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

TDCJDR

Merry Christmas to the Trotter family!

Jeff1857

CONROE -- After years of legal appeals and a stay of execution, convicted killer Larry Swearingen is set to be put to death Jan. 27 for the sexual assault and strangulation of 19-year-old Melissa Trotter in December 1998.

The execution date was set this week after Swearingen's third appeal was denied by the Texas Criminal Court of Appeals.

The appeals court last week rejected Swearingen's claims that prosecutors withheld evidence and presented false testimony during the trial. It also dismissed evidence from Dr. Joye Carter, then the medical examiner of Harris County, who in 2007 changed her opinion on Trotter's date of death, placing Swearingen in jail when Trotter was killed.

In previous appeals, Swearingen's attorney James Rytting has presented insect and pathology evidence, which he contends proves his client is innocent.

Trotter disappeared from Montgomery College on Dec. 8, 1998. Her body was found nearly a month later in the Sam Houston National Forest with a piece of pantyhose around her neck.

Rytting had three experts, including current Harris County Medical Examiner Dr. Luis Sanchez, testify during a July 2007 evidentiary hearing. Based on the presence of the insects on her decomposed body, Swearingen's experts say Trotter died after Dec. 11 and as late as Dec. 18, when they say insect infestation occurred, contradicting state evidence.

Swearingen was arrested on Dec. 11 on an unrelated charge and remained in jail until his trial.

Prosecutors contend that Trotter was killed on the same day she was abducted, and their evidence was bolstered by Carter's autopsy report. She had determined that Trotter's body had been in the woods for 25 days, and said the date of death was Dec. 8, 1998.

In the report, Carter also noted that she had removed and dissected the pancreas and other internal organs. Sanchez, however, testified in July 2007 that if Trotter's body had been exposed to the elements for 25 days, those organs would have liquefied, and an examination and dissection of them would not have been possible.

Carter later reviewed the case and reversed her opinion.

Rytting said he will file another appeal in the federal court and petitions for clemency with the Texas Pardons and Parole Board and with Gov. Rick Perry. He accused prosecutors of "hiding behind legal technicalities to kill an innocent man."

Marc Brumberger, who handles appellate and post-conviction cases for the Montgomery County District Attorney's Office, could not be reached for comment on Friday.

Trotter's parents said they felt relieved to learn Swearingen's appeal had been denied and an execution date set.

"On Monday I got the call, and I was very overcome with emotion," said Sandra Trotter, the victim's mother. "It was like I couldn't believe it was set. I can only pray this is the end. It's been 10 years."

But she said she also is painfully aware that things could change. Last year, Swearingen received a stay on Jan. 24, 2007, the day before he was to die by injection.

Melissa Trotter would have been 29 this year. Sandra Trotter said she often wonders what would her daughter be doing with her life and what she would have accomplished.

Trotter said she and her husband will attend Swearingen's execution. She said she wants him to see that she is thriving.

http://www.chron.com/disp/story.mpl/metropolitan/6182889.html

Michael


Rytting said he will file another appeal in the federal court and petitions for clemency with the Texas Pardons and Parole Board and with Gov. Rick Perry. He accused prosecutors of "hiding behind legal technicalities to kill an innocent man."


Meanwhile I get boring if I read the same excuse over and over....


But she [Troters mother, gabenga] said she also is painfully aware that things could change.


That is the thing that shouldn´t happen. The victims family was hurt before and during the trials and all the appeals.The system should be improved in the way that a execution date has just two possible finals - execution or clemency. Not these back and forward games.

Michael
I´m not sure if there´s a hell, but I believe in executed murderers.

vikkiw47

I think i agree with that Michael . what do you think ? I think there appeals need to change also. It should not take 15 or 20 years to carry out a sentence that was give by there peers. To me that is just stupid and a waste  of our hard earn money. I think 5 years is long enough to do what they are going to do. i think that is more than fair.
Justice is not about bringing back the dead. It is not about revenge either. Justice is about enforcing consequences for one's own actions to endorse personal responsibility. We cannot expect anyone to take responsibility for their own actions if these consequences are not enforced in full.

Michael

Hi Vikki,

the 5-year-idea is not so bad. I´m thinking it a bit further.

3 years (in my eyes enough) to send all appeals at once to a review court. He can decide about childhood, mental-retardation, L.I., and all the other claissical excuses. In Germany a court can refuse appeals if they have not a good chance of success. This would be a good thing for the excuses I wrote before. Just to save time and spare us the same excuses.

After that 1 or 2 years for a writing to the clemency board and after that there´s only the governour left (or not, depends on the state when I´m right).

I know that the way I described above is unconstitutional but I think it sounds not bad and it provides a good balance between fair trial and quickly carried out sentence.

Michael

I´m not sure if there´s a hell, but I believe in executed murderers.

vikkiw47

AMEN AMEN !!!!! Yahoo im with you. Hey , michael i just wanted to say I hope you have a great NEW YEARS !!! The year 2008 sucked for me for so many reasons. So im looking forward to the NEW YEAR  And here  is to ringing that DAMN BELL ALOT IN 2009 !!!!!
Justice is not about bringing back the dead. It is not about revenge either. Justice is about enforcing consequences for one's own actions to endorse personal responsibility. We cannot expect anyone to take responsibility for their own actions if these consequences are not enforced in full.

Go Up