Monday, January 26, 2009

Will Texas Execute an Innocent Man Tomorrow?

In case you missed this post over the weekend, Larry Swearingen is scheduled to be executed tomorrow for the 1998 murder of Melissa Trotter. But forensic pathologists -- including the one that originally helped convict Swearingen -- have concluded that the physical evidence shows Swearingen could not have been the killer. (UPDATED)

Although prosecutors theorized that Trotter was killed and her body dumped in the forest the day of her disappearance, the corpse was amazingly well preserved when discovered. Six physicians and forensic scientists who reviewed the evidence concluded that the victim died well after Swearingen’s arrest.

Former Harris County Chief Medical Examiner Joye Carter, who testified against Swearingen in his trial, reexamined the physical evidence and has concluded that Trotter’s death occurred at least a week after Swearingen was taken into custody.

In a nutshell:

Dr. Glenn Larkin, a retired forensic pathologist who reviewed the case, told Texas Monthly that “no rational and intellectually honest person can look at the evidence and conclude Larry Swearingen is guilty of this horrible crime.”

The Dallas Morning News, the Houston Chronicle, and Texas Monthly all agree that there's serious doubt about Swearingen's guilt.

Tell Governor Rick "Culture of Life" Perry to stay the execution. Amnesty International has a petition.

Find out more here.

(crossposted at FDL)

UPDATE

A federal court has thankfully intervened.

A federal appeals court has granted a last-minute reprieve to a Texas man facing execution in the murder of a Houston-area college student, his attorney said.

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