Texas Court Stays Execution for Fourth Time to Study DNA Evidence

On January 30, a Texas judge stayed the execution of Larry Swearingen, scheduled for February 27. Swearingen's lawyers argued more time was required to complete DNA testing agreed to by the prosecution, which they believe will prove his innocence. This is the fourth such delay he has received. Five forensic experts have concluded that the decomposition of the victim’s body shows she was killed while Swearingen was in jail on unrelated charges, thereby pointing to his innocence. The attorneys are also asking for additional DNA testing. In 2011, changes to the state’s DNA-testing law allowed new testing for evidence not previously analyzed and for evidence that was tested but can now be re-examined with newer technology. Barry Scheck, co-director of the Innocence Project, who is representing Swearingen, said, ”The Texas Legislature has made it clear that DNA testing should be allowed when there is a possibility it could help prove innocence, and the testing Mr. Swearingen is seeking could shed light on many unanswered questions in this case.”

(B. Grissom, "Death Row Inmate Larry Swearingen's Execution Stayed," Texas Tribune, January 30, 2013).  See Innocence. Listen to DPIC's podcast on Innocence.