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TX: Swearingen gets partial win over document review
Sat Mar 2, 2013 17:05
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Swearingen gets partial win over document review

By Howard Roden | Posted: Friday, March 1, 2013 11:32 pm

The attorney for Larry Ray Swearingen was in Conroe Friday requesting access to almost all of the evidence in the convicted killer’s death penalty case.

While Montgomery County prosecutors deemed the motion “a fishing expedition,” Judge Kelly Case ruled Swearingen could review documents sealed from a 2012 evidentiary hearing.

Swearingen, 41, was scheduled to die by lethal injection Feb. 27 for the December 1998 abduction, rape and strangulation of 19-year-old college student Melissa Trotter. But Case issued an indefinite stay of the execution after a hearing Jan. 30.

Case said back then he would withhold setting a date until all the DNA testing had been completed.

Swearingen was not present in the 9th state District Court Friday. His attorney, James Rytting, started the hearing by asking for all versions of the Montgomery County Sheriff’s Office offense report of the murder.

Such a review might reveal evidence or individuals overlooked during the investigation.

“We’ve gotten parts (of the case file),” Rytting said. “It’s disjointed.”

Rytting also requested all the MCSO electronic, video and email communications pertaining to the investigation, but Montgomery County Assistant District Attorneys Warren Diepraam and Bill Delmore strongly objected to that request.

“It would be like starting over,” Diepraam said.

Diepraam said Swearingen’s camp has received at least two versions of the MCSO offense report.

Delmore said there are “boxes and boxes and boxes” of evidence that are not connected to the case “in any way.”

“I believe we’ve turned over everything in existence to the defense,” Diepraam said.

“How are you certain?” Case said. “How do you know all (evidence) was turned over?

“I’m not saying anything about you. Sometimes they just don’t turn over everything.”

Rytting sought to know the harm of the state producing another version of the evidence.

“The state is not harmed in any way,” he said.

“We are pleased with the ruling,” Diepraam said. “(They) were wanting everything under the sun.”

Rytting got a victory for his client when Case approved a motion to have the DA’s Office monitor the regular testing of material found underneath Melissa Trotter’s fingernails in the national DNA database.

Several times during the proceedings, Case wondered aloud why the documents from the hearing conducted Feb. 27 to March 9, 2012, had been sealed by his predecessor, Fred Edwards. Case inherited Edwards’ cases Jan. 1, when he was sworn in as the 9th District Court judge.

Early during the motion, Case admonished Diepraam for referring to Swearingen as the “most guilty” man in Montgomery County following the hearing Jan. 30.

Case termed the prosecutor’s remark as “reprehensible” and threatened to impose a gag order if such comments continued.

http://www.yourhoustonnews.com/courier/news/swearingen-gets-partial-win-over-document-review/article_dae98a63-32d0-5ca4-8423-d18ddadd8a43.html?mode=story

  • Death Row Prisoner Larry Swearingen May Be Innocent. Do Texas Courts Care? Jordan Smith February 20, 2013   Just over a year ago, in January 2012, Texas Governor Rick Perry marked a gruesome... more
    • TX: Swearingen gets partial win over document review — Petra., Sat Mar 2 17:05
      • TX: LARRY RAY SWEARINGEN, AppelleePetra., Wed Feb 5 17:08
        http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=25109 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-77,020 THE STATE OF TEXAS V. LARRY RAY SWEARINGEN, Appellee ON DIRECT... more
        • Swearingen requests hearing on DNA testing; DA’s office focused on execution date Posted: Saturday, March 15, 2014 11:07 pm By Howard Roden Attorneys for convicted killer Larry Ray Swearingen filed... more
          • Swearingen defense requests more DNA tests By Brandon K. Scott | Posted 3 hours ago Attorneys for Larry Swearingen filed an amended motion last week to the 9th state District Court in Montgomery... more
            • Court Again Denies DNA Tests in Death Row Case • by Johnathan Silver - The Texas Tribune • Oct. 28, 2015 Death row inmate Larry Swearingen during an interview at the Polunsky Unit in Livingston,... more
              • Larry Swearingen is scheduled to be executed by Texas on November 16,2017 Texas – former Gov. Rick Perry and his successor Gov. Greg Abbott and Texas death penalty enthusiasts– don’t lose sleep over... more
                • The legal reason for denial of DNA testing has always been that evidence of guilt is so overwhelming that there is no reason for DNA testing. This is a long standing legal reason to reject appellate... more
                  • http://www.chron.com/neighborhood/conroe/news/article/DA-defense-agree-to-DNA-testing-in-Swearingen-12315422.php#photo-11351471 Lawyers agree to DNA testing in Swearingen's death row case By Keri... more
                    • SwearingenDudley Sharp, Sat Nov 4 08:37
                      Petra: One of the strangest legal back and forths, ever, 19 years in the making.
        • 2/5/14 “MOUNTAIN OF EVIDENCE” OF SWEARINGEN’S GUILT RESULTS IN DENIAL OF ADDITIONAL DNA TESTING... more
          • Hello Dudley long time no see hope your keeping well? I have question for you Hun I don't no much about this case I'm going over trial now. Do you think he's guilty?. What I've read so far I think he ... more
            • Sweearingen's guiltDudley Sharp, Fri Feb 7 17:21
              Kitten" The "mountain of evidence" for his guilt is the language from the appellate judges. Stick to the appellate record and not the usual BS from anti death penalty folks, eg Troy Davis.
      • http://www.andrewpurcell.net/?p=1609 The most guilty person in the history of Montgomery County’ Published in the Dublin Review in June 2013. From George Bush Intercontinental Airport in Houston, the ... more
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