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TX:Larry Swearingen -Court Again Denies DNA Tests
Fri Oct 30, 2015 14:43
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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, Texas. He was sentenced to death for the murder of Melissa Trotter. He says he is innocent and that she was killed while he was already in jail for other offenses.

The Texas Court of Criminal Appeals for the second time Wednesday reversed a state district judge’s order that would have allowed East Texas death row inmate Larry Swearingen to test DNA from evidence in his murder case.

Swearingen, 44, was convicted of kidnapping, raping and killing 19-year-old Melissa Trotter, then a Lone Star College student in 1998. He was sentenced to death in 2000. His execution date has been set and stayed multiple times.

The death row inmate has argued that he couldn’t have killed Trotter because he was in jail when she was murdered, and DNA testing would prove that someone else committed the crime. State District Judge Kelly Case twice granted Swearingen’s requests for evidence to be tested. Montgomery County prosecutors appealed each time, and now, the state’s highest criminal court has sided with the state again.

Each time, the court ultimately has ruled that results from DNA testing would not have overcome the “mountain of evidence” establishing Swearingen's guilt.

http://www.texastribune.org/2015/10/28/texas-cca-denies-death-row-inmates-dna-testing-req/

  • 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
    • TX:Larry Swearingen -Court Again Denies DNA Tests — Petra., Fri Oct 30 14:43
      • 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.
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