Skip to main content

Time running out for Larry Ray Swearingen

The question isn’t whether Larry Ray Swearingen is a liar, or a cheater, or a schemer, or even a rapist.

There is ample evidence to suggest he is all of these things.

The question is whether he is a murderer. Or, more precisely, whether he is guilty of the 1998 capital murder for which he is set to die in five days.

There is ample evidence to suggest that he is not.

For starters, Swearingen was sitting in a jail cell on an unrelated charge at the time Melissa Trotter’s lifeless body was dumped in the Sam Houston National Forest.

Trotter, a 19-year-old student at Montgomery College in Conroe, went missing on Dec. 8, 1998. After an extensive search, her body was found in the forest Jan. 2. She’d been strangled with one leg of a torn pair of panty hose.

Swearingen, a convicted rapist from Willis, became an obvious suspect. The married electrician had been spotted with Trotter. Some of his co-workers said she had angered him a couple of days before her disappearance when she stood him up for a lunch date.

Montgomery County prosecutors built a case based largely on circumstantial evidence.

Evidence surfaced

The smoking gun seemed to be a second leg of torn panty hose prosecutors said matched the half used to strangle Trotter. The hose mysteriously surfaced at Swearingen’s trailer after it had been thoroughly searched twice by deputies.

Although Swearingen had maintained his innocence from the start, he didn’t help his defense. Early on, from jail, he concocted a ridiculous confession letter in Spanish, supposedly from the real killer. Swearingen’s Spanish was unintelligible. During the trial in 2000, he was caught lying on the witness stand about other things.

The jury quickly convicted him and sentenced him to death.

But, since then, Swearingen and his appellate attorneys have discovered glaring inaccuracies in the forensic evidence presented to the jury.

From the beginning, prosecutors had based their case on the theory that Trotter had been killed and dumped in the forest on the same day she went missing, Dec. 8. That theory was supported by the testimony of then-Chief Harris County Medical Examiner Joye Carter.

Well-preserved body

But Trotter’s body was remarkably well-preserved for having been in the woods nearly a month before it was found.

To date, a total of six physicians and scientists have agreed that Trotter’s body was left in the woods well after Dec. 11, the day Swearingen was arrested on traffic warrants.

The experts include Carter, who reversed her earlier findings after reviewing all the evidence, and an entomologist, who determined the earliest that bugs found in Trotter’s body could have begun colonizing was Dec. 18.

All of this is on top of DNA testing on blood found under Trotter’s fingernails and a pubic hair found in a vaginal swab that showed no connection to Swearingen.

The Texas Criminal Court of Appeals stayed Swearingen’s first execution date a year ago, but shockingly, has denied appeals based on the new forensic findings.

In the waning days before Tuesday’s scheduled execution, Swearingen’s attorney, James Rytting, is working on a new appeal based on even more forensic evidence that he says proves his client is innocent. He says he located preserved cardiac tissue from Trotter’s autopsy that shows well-defined cells that could have only come from a body dead less than two or three days.

No help from new DA

Attorneys with the New-York based Innocence Project are also working feverishly on requests for DNA testing on the panty hose, Trotter’s clothing and more blood scrapings. They plan to appeal to Gov. Rick Perry’s office for a stay, and have unsuccessfully tried to get newly elected Montgomery County District Attorney Brett Ligon to support a request for DNA testing.

Ligon didn’t return my call. Marc Brumberger, who handles the office’s appeals, said the new evidence doesn’t prove Swearingen didn’t kill Trotter. It only “throws in the prospect” that Swearingen may have initially refrigerated or frozen her body, then had help from an accomplice moving it into the woods while he was in jail.

Rytting calls that far-fetched theory “guilt by imagination.” He said the DA’s office is grasping for explanations now that their case is crumbling.

“Their case is a lie and they’re going to kill him anyway,” Rytting says.

Swearingen should be granted another stay so that, at least, the new evidence and requests for DNA testing can be considered.

Yes, it will be another painful delay for the victim’s parents. But it could also keep the state of Texas from executing a man who could very well be innocent while the real killer escapes justice.

Source: Houston Chronicle, January 21, 2009

Comments

Most viewed (Last 7 days)

Florida | 49 years on death row, killer of Bonita Springs teen learns death date

A Fort Myers man on death row for nearly five decades learned his execution date as Gov. Ron DeSantis signed his order Thursday, July 30. Harold Gene Lucas, then 24, shot and killed his 16-year-old girlfriend, Anthia Jill Piper in Bonita Springs on August 14, 1976. Lucas was 24 when he was charged in Piper's shooting death at her parents' home on Aug. 14, 1976. The execution is set for Sept. 1 in a state that has accelerated its pace under DeSantis the past two years, with a record of 19 executions in 2025. Piper was shot seven times by Lucas, who claimed to be intoxicated.

Idaho | How Bryan Kohberger’s Guilty Plea Move Could Be His Death Sentence

If Bryan Kohberger successfully withdraws his guilty plea and goes to trial for the murders of four University of Idaho students, it could lead to him being sentenced to death, experts told Newsweek . Kohberger, 31, filed a handwritten petition on Monday from the Idaho Maximum Security Penitentiary, where he is serving four consecutive life sentences for the murders of Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen in a rental home near the university's campus in Moscow, Idaho, in 2022. Kohberger pleaded guilty to the fatal stabbings just over a year ago, a month before jury selection was set to start.

Florida executes Dominick Occhicone

Florida executes 2 men in a day. Republican Gov. Ron DeSantis has made Florida's death chamber the nation’s busiest at the end of his final term.   STARKE, Fla. — Florida on Tuesday became the first state in nearly a decade to carry out two executions in a single day, the last an 80-year-old man who was the second-oldest inmate known to receive a lethal injection in modern U.S. history. Hours earlier, the state executed a former police officer convicted of killing a young girl.

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

Iran executes 20-year-old protester as fears grow for other detainees

Iranian authorities executed 20-year-old protester Arvin Kheirkhah at Shahroud prison on Saturday morning, according to information obtained by Iran International, amid concerns that several other detainees could also face execution. Kheirkhah was arrested during the January protests and sentenced to death by a Revolutionary Court on charges including moharebeh , or “waging war against God.” He was transferred to solitary confinement on Wednesday ahead of the execution. His family gathered outside Shahroud prison on Friday night in an attempt to stop the sentence from being carried out. According to information received by Iran International, Kheirkhah told his family in a final conversation: “Don’t let them forget me. We stood up for the liberation of our homeland. Don’t let the path we chose be silenced.”

Florida executes James Duckett

Double execution: 1st of 2 inmates is put to death in Florida Florida has executed James Duckett, a 68-year-old former cop convicted of killing an 11-year-old girl in 1987. The state is set to execute an 80-year-old man 6 hours later for a 1986 murder.  Florida carried out the 1st double execution in more than 60 years, executing former police officer James Duckett and later scheduling the execution of 80‑year‑old Dominick Occhicone, amid Governor Ron DeSantis’s aggressive push to increase death penalties in the state.  Florida has put to death the 1st of 2 inmates in the state's 1st double execution in more than 60 years amid an aggressive death penalty push by Gov. Ron DeSantis. 

After Nearly 30 Years and a Supreme Court Reversal: Assessing the Likely Result of Richard Glossip’s Oklahoma Retrial

DPN asked Grok for a legal analysis of Richard Glossip’s upcoming murder retrial and its likely disposition. Most likely outcome of Richard Glossip’s retrial: acquittal or a hung jury leading to dismissal or no further prosecution, rather than a conviction for first-degree murder. A conviction remains possible but is the less probable result given the severely damaged core evidence and the state’s own prior admissions. Death is off the table. Case background

Two Executions In Six Hours: Florida Set For Historical Double Execution Tuesday

Florida is preparing to execute two death row inmates on Tuesday, July 28, in an action that would mark the state’s first double execution in more than 60 years. Former police officer James Duckett, 68, is scheduled to die by lethal injection at 12 p.m., followed six hours later by 80-year-old Dominick Occhicone at 6 p.m. If carried out, these will mark the 39th and 40th executions under Gov. Ron DeSantis and the 11th and 12th in the state since the beginning of 2026. In response, Floridians for Alternatives to the Death Penalty (FADP) has launched petition and letter-writing efforts asking DeSantis to halt both procedures. The group has organized two public vigils outside Florida State Prison in Raiford, set for 11 a.m. and 5 p.m., contingent on whether stays are issued.

Texas | New Evidence Challenges Rodney Reed Death Penalty Conviction

AUSTIN, Texas — Nearly three decades after Rodney Reed was sentenced to death for the rape and murder of Stacey Stites, prosecutors and law enforcement officials are urging Texas’ highest criminal court to fully examine new evidence they argue raises serious questions about his conviction before the state carries out an irreversible punishment. Fair and Just Prosecution, joined by the Law Enforcement Action Partnership and 29 current and former prosecutors and law enforcement officials, filed an amicus brief urging the Texas Court of Criminal Appeals to fully review new evidence in Reed’s death penalty case, according to an FJP press release.