Larry Swearingen - TX - 2/27/2013 STAYED

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

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Michael

Thanks for the good wishes Vikky. I hope your 2009 will be much better than your 2008. I´m looking ofrward to 2009, I think it´ll be a good year.

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

JT

In terms of number of executions, 2009 will certainly exceed the 2007 and 2008 statistics (42 and 36, respectively).

We have 12 executions set for the first two months of 2009, and all of them appear to be serious dates with minimal chance of stays.  If you extrapolate that out for the whole twelve months, you will find that the 2009 executions should number about 72.  There have not been that many executions in the U.S. since the year 2000, when 85 people were executed.  (Although 71 people were executed in 2002.)

We should start placing our bets now.  Put me down for around 70.  I know that Jeff thinks there may be up to 100 next year, but I find that a tad on the high side.
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.

63Wildcat

With the ways these Buttmuncher are getting stays I'm going to bet on about 50...
"..the death of any public servant or innocent is a tragedy... the death of a murderer is a mere statistic..."  -63Wildcat

AS OF TOMORROW I'M TURNING GRAVITY OFF...

Michael

Ok, I´m sure there´ll be 75 executions.

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

vikkiw47

well im going big i will say 80 there is plenty of room to add many more!!!!!  :-*
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.

63Wildcat


well im going big i will say 80 there is plenty of room to add many more!!!!!  :-*


Such an optimist... ;)
"..the death of any public servant or innocent is a tragedy... the death of a murderer is a mere statistic..."  -63Wildcat

AS OF TOMORROW I'M TURNING GRAVITY OFF...

Heidi Salazar

I do not have a number to place here. I really don't care if we ever reach the numbers of Saudi or Iran. If the execution is carried out, justice is served. All the convicted have robbed us of our future with the murder of an innocent child, or our knowledge of the past with the murder of an elderly, and then they took from all us our present, with the murders of those in between. All I have to say is RING THE BELL for whomever it tolls!!

JeffB

I'll take 65 although I'll take `em 1 day at a time..
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

vikkiw47

yes wildcat i always see the glass half full!!! There is always room for improvement.
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.

Henrik - Sweden

Jeff: I don't remember the details in this case. What other evidence was there against Swearingen? An uncertainty regarding the exact date of death isn't necessarily crucial if other evidence points heavily to him. On the other hand it seems somewhat surprising if the coroner now really says that the victim couldn't have died on the date of the abduction, but several days later (when Swearingen was in jail) without this affecting the case.

Henrik - Sweden

Found an affidavit here:
http://www.iippi.org/pdf/larryswearingen16a.pdf

It's often somewhat difficult to analyze what they really mean. How certain is she (the pathologist) about her new opinion? To my best understanding she seems to to be quite certain that the body couldn't have been out in the woods longer than 14 days before it was discovered. Swearingen obviously couldn't have placed it there then. So who did it?

This case seems to rely on the fact that Swearingen was the last person with whom the victim was seen alive. No forensic evidence ties him to the body (but human material that didn't came from him was found on the body) if what is reported is correct. Of course one has to bear in mind that my information was collected from a pro-Swearingen site, so the truth might be more complicated.

Three possible alternatives seems to exist:

a) The experts are all wrong - the victim DID die on the 8th of december (or on one of the following days before Swearingen was arrested). Or are there other experts who still are backing up the state's theories?

b) Swearingen had a helper or co-offender who placed the body out in the woods later.

c) Swearingen is innocent

Henrik - Sweden

I found the direct appeal's document from TCCA:
http://www.cca.courts.state.tx.us/opinions/73851a.htm

Quite another picture can be derived from it:

"The nylon ligature was a section cut from a pair of pantyhose; the matching complementary portion of the pantyhose was found in Swearingen's trailer"

"There were fibers found on Trotter similar to fibers from Swearingen's jacket, others similar to the seat and head-liner in Swearingen's truck, and others similar to the carpet in Swearingen's master bedroom. There were also fibers found in Swearingen's truck that were similar to fibers from Trotter's jacket. There were hairs in Swearingen's truck that appeared to have been forcibly removed from Trotter's head. "

The court, however, seems to admit that the evidence in the case is circumstantial and relatively weak. But it would be interesting to see how he explains the pantyhose...

JT

I've not got time to read through the full direct appeal right now, Henrik; I'll try to get back to it later.  But what I will say is that forensic fiber and hair analysis is a very precise science.  There are sections of pantyhose tying Swearingen's truck to the body; fibers from Swearingen found on Trotter and fibers from Trotter on Swearingen's clothes and in his truck.  Hairs forcibly removed from Trotter were found in Swearingen's truck.  That is a good deal of evidence linking Swearingen, his vehicle and his home to Trotter's body.  He has seemingly been unable to introduce good explanation as to the existence of this forensic evidence.  I have no reasonable doubts of his guilt.
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.

Henrik - Sweden

What seems odd is that the police (with 5-6 persons) searched Swearingens home and his trash twice before the body was found. They didn't found any ripped pantyhoses.. They were found by Swearingens landlord a couple of days AFTER the victim's body was found and with Swearingen still in jail. So: Did the police miss it on their first searches, even though not quite a few people attended?

I lack knowledge about the value of fiber matching as forensic evidence. As you can expect Swearingens lawyers objects in the Writ. They also note that the expert only said the matching fibers were "similar" and claim that it can't be proved that the ripped pair of pantyhose was the one from which the piece that she was strangled with was taken from.

If the words from the independent medical experts had been known at trial (and not disputed by other experts), what would have happened? At least the state would have had to present a plausible theory regarding how the corpse could have been brought to the forest at a time when Swearingen was in jail? I can think - of course - of scenarios where he had a helper who moved the body (his wife???), but if so someone is walking free out there. And could the state have proved this scenario beyond reasonable doubt?

A crystal clear case this is not. We'll see if he have better luck than Gregory Wright with his last appeals, or if this will be another case closed without a couple of important questions answered...

Jeff1857

Henrik, This guy got a stay of execution in January 2007 on those grounds. This case has been back and forth between courts since and there has been nothing from the defense side that has cast the verdict and sentence into question. It's been litigated to death and it's past time for him to get final justice.  ;)

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