Monday, October 3, 2016

Larry Swearingen; Texas; Bulletin: Major Setback; The Supreme Court has rejected the death row inmates call for DNA testing, Associated Press reports. (Forensic Magazine)..."Swearingen has sought to test fingernail scrapings from Trotter, items of her clothing and cigarette butts found near her body. The trial court in his case has twice ordered the testing, but was reversed by the state Court of Criminal Appeals on both occasions."


"The Supreme Court will not allow additional DNA testing of evidence a death row inmate in Texas says could show he didn't kill a suburban Houston college student. The justices on Monday rejected an appeal from Larry Swearingen, who was convicted of abducting, raping and killing 19-year-old Melissa Trotter in 1998. Swearingen has sought to test fingernail scrapings from Trotter, items of her clothing and cigarette butts found near her body. The trial court in his case has twice ordered the testing, but was reversed by the state Court of Criminal Appeals on both occasions."

http://www.forensicmag.com/news/2016/10/supreme-court-rejects-texas-inmate-call-dna-testing?et_cid=5596185&et_rid=979655504&location=top&et_cid=5596185&et_rid=979655504&linkid=http%3a%2f%2fwww.forensicmag.com%2fnews%2f2016%2f10%2fsupreme-court-rejects-texas-inmate-call-dna-testing%3fet_cid%3d5596185%26et_rid%3d%%subscriberid%%%26location%3dtop

See 'The Nation'  story  'Death row prisoner  Larry Swearingen may be innocent. Do Texas courts care? Swearingen has faced execution four times for a crime scientists say he could not have committed,' by reporter Jordan Smith, (March, 2013) at the link below: "Swearingen has always said he did not kill Trotter. His claim of innocence is supported by the opinion of a number of influential Texas pathologists—together responsible for thousands of death investigations every year—who say that scientific evidence proves that Trotter had not been dead very long when her body was found. If that’s the case, then Swearingen could not have killed her, since he would have been in jail when she died. The central question— low long Trotter had been dead—hinges on histology samples collected during her autopsy and saved in a paraffin block. Veteran pathologists who have reviewed the evidence agree that the samples of Trotter’s lung, heart and vascular tissues reveal intact structures that would have broken down  had her body really been left in the forest for nearly a month. Even the Houston medical examiner who conducted the autopsy, Dr. Joye Carter, has recanted her trial testimony, admitting in 2007 that the ease with which she was able to weigh and dissect Trotter’s organs made the state’s timeline impossible."

https://www.thenation.com/article/death-row-prisoner-larry-swearingen-may-be-innocent-do-texas-courts-care/https://www.thenation.com/article/death-row-prisoner-larry-swearingen-may-be-innocent-do-texas-courts-care/