Skip to main content

Reprieve for Larry Swearingen

A federal appeals court on Monday stopped this week's scheduled execution of a man condemned for abducting, raping and strangling a 19-year-old suburban Houston woman 10 years ago.

Larry Swearingen, 37, faced lethal injection Tuesday evening for the death of Melissa Trotter, whose body was found Jan. 2, 1999, in the Sam Houston National Forest south of Huntsville. The discovery came 25 days after she was last seen leaving the library at Montgomery College near Conroe.

The 5th U.S. Circuit Court of Appeals reprieve came in response to questions from Swearingen's attorneys about the timing of Trotter's death. Swearingen insisted he couldn't have killed the woman because he was in jail for outstanding traffic warrants when newly evaluated forensic evidence indicates her body was dumped in the woods not far from his home.

Swearingen's lawyer, James Rytting, said he was told of the ruling by the court but hadn't seen it at midday Monday.

"I can't jump up and down yet because I don't know what it says," he said. "I just don't know how long it's going to be before we have to go through this stuff again."

Swearingen would have been the fourth condemned prisoner executed this year. 2 more executions are scheduled later this week in the nation's most active death penalty state.

"This is unique," Swearingen told The Associated Press last week from death row last week. "How many cases happen after a defendant is in jail?"

Prosecutors had opposed efforts by Swearingen's lawyers to the New Orleans-based 5th Circuit and the U.S. Supreme Court.

Rytting contended deterioration of Trotter's body would have been much more severe than it was when found, raising the possibility somebody else dumped it in the woods.

A medical examiner testified at Swearingen's trial in 2000 that she believed Trotter was killed the same day she disappeared. But seven years later, the coroner submitted an affidavit changing her opinion, basing her judgment on temperature data compiled by Swearingen's defense. The new opinion, also supported by other forensic experts, said Trotter's body was in the woods for considerably less than 25 days.

The appeals court said Swearingen's due process rights were violated because prosecutors "sponsored the false or misleading testimony" from the medical examiner and that if she had been provided additional information from them she could have testified more accurately about the timing of the victim's death. The court, in returning the appeal to a federal district judge for review, also said Swearingen's trial lawyers should have better cross-examined the coroner and developed evidence from Trotter's body tissue.

Judge Jacques Wiener Jr. wrote a concurring opinion "to address the elephant that I perceive in the corner of this room: actual innocence."

"I conceive the real possibility that the district court to which we return this case today could view the newly discovered medical expert reports as clear and convincing evidence that the victim in this case could not possibly have been killed by the defendant," Wiener said.

The judge, however, complained that under existing Supreme Court rulings, lower federal courts faced with actual innocence claims may have no choice but to deny relief to someone who is actually innocent. Wiener said the full 5th Circuit or the Supreme Court may want to clarify the issue and use Swearingen's case as the precedent.

"Someone else killed the girl," Rytting said. "It's impossible (Swearingen) threw that body in the woods."

Similar appeals pointing to forensic evidence discrepancies were rejected in state courts.

State lawyers said temperature data cited by the inmate is not accurate for the crime scene because it was taken at airports miles away.

Swearingen was arrested 3 days after Trotter was last seen. At his trial, he said Trotter met him at the college campus the day of her disappearance but they both left separately. Witnesses said she left the library with him. The 2 had met 2 days earlier at a Lake Conroe marina.

Evidence showed Trotter was in Swearingen's trailer in Willis and in his pickup truck, where detectives found hair that had been forcibly pulled from her head. Another section of the pantyhose used to strangle Trotter was found in the trash outside Swearingen's trailer.

Cigarettes found in his home matched the brand the victim smoked. Swearingen said his now ex-wife smoked the same brand.

Cell phone records from the day Trotter vanished showed he was in the area where her body eventually was discovered.

Swearingen had a history of at least 2 accusations of rape plus an allegation of assault on an ex-wife, but charges never were brought against him. He had a previous conviction for burglary when he was 18, for which he spent 3 days in jail and 3 years on probation.

"I'm not a choir boy," he said. "Like everybody, I have skeletons in my closet. But being a knucklehead doesn't equate to being a killer."

2 years ago, a day before he was set to die, the Texas Court of Criminal Appeals halted the punishment after his lawyers said specific insects at the site where the body was found raised questions about the timing of Trotter's death. That appeal ultimately was rejected.

On Wednesday, Virgil Martinez, 40, is set to die for a 1996 shooting rampage that left 4 people dead, including his ex-girlfriend and her 3- and 6-year-old children. On Thursday, Ricardo Ortiz, 46, was scheduled for execution for fatally injecting a fellow inmate with heroin in 1999 at the El Paso County Jail to stop the victim from testifying against him in a robbery case.

Source: Houston Chronicle, January 27, 2009

Comments

Most viewed (Last 7 days)

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Iran Crackdown on Christians Intensifies, Ministry Reports Dozens Killed and Hundreds Detained

September 3, 2026: A widening crackdown on Christians in Iran has reportedly resulted in the deaths of at least 33 Christian ministers and the detention of more than 130 others in recent months, according to Iran Alive Ministries, a Texas-based organisation supporting underground house churches in the country. Hormoz Shariat, founder of Iran Alive Ministries, told Baptist Press that at least 33 Christian ministers associated with the ministry had been killed amid intensified government pressure on Christians linked to the underground church movement.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.