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)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.