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.

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