HOUSTON (AP) _ A Texas appeals court has delayed next month’s execution of a death row inmate condemned for killing a 19-year-old Montgomery County student.
The Texas Court of Criminal Appeals is sending the case of 40-year-old Larry Swearingen back to the original trial judge so he can review new evidence of a possible due process violation. The court issued its order Thursday.
Swearingen’s attorney said Friday that new forensic evidence in the case points to the inmate’s innocence.
Prosecutor Bill Delmore says authorities presented a strong case against Swearingen and believe he is guilty.
Swearingen has argued he was in jail on outstanding traffic warrants when Melissa Trotter was killed. Prosecutors insist evidence shows Trotter was killed in December 1998, before Swearingen was in jail.
(Copyright 2011 by The Associated Press. All Rights Reserved.)