Anthony Shore

Questions Linger for Anthony Shore, Larry Swearingen


January, 18 2018

Houston serial killer Anthony Shore faces another death date, this one Jan. 18. Shore was originally set for execution in October, but that got halted by the Harris County District Attorney’s Office amid rumors he was planning to confess to another murder: the 1998 killing of Melissa Trotter. Except Larry Swearingen had been convicted of kidnapping, raping, and strangling Trotter in 2000, and by then was preparing for his own execution in November.

Assistant District Attorney Tom Berg said his office revoked Shore’s execution warrant at the request of Montgomery County D.A. Brett Ligon, who believed Shore was colluding with Swearingen. (He says a folder was found in Shore’s cell with information relating to Trotter’s death.) Berg said the Texas Rangers have since interviewed Shore, who admitted he had “nothing to do” with Trotter’s murder. Shore alleged he and Swearingen once contemplated conspiring, but had since “parted ways.” Berg, who says his office and Ligon’s have reviewed the interview, said Shore decided not to “take the fall” for his fellow inmate. Shore has exhausted his appeals; Berg said he’s unaware of any new attempts to stay Shore’s execution, and concluded that his case will see its “inevitable end” next Thursday.

Shore’s execution is just the beginning of a busy month.

Swearingen, however, had his November execution stayed due to a filing error, and has since been granted additional DNA testing. Unlike Shore, who confessed to killing four girls between 1986 and 1995, Swearingen has maintained his innocence. His supporters, including his lawyer James Rytting, say he was in a county jail for outstanding traffic warrants at the time of Trotter’s murder. The 19-year-old was last seen on Dec. 8, 1998, with Swearingen (who wasn’t arrested until three days later), but her body wasn’t discovered until Jan. 2. Rytting said forensic evidence suggests her body could not have been dumped in the woods until “a week or 10 days” after Swearingen was arrested.

Included in the evidence sent out for testing is Trotter’s rape kit, which was never tested and could exonerate Swearingen should analysts uncover another DNA profile. Samples of hair particles found on Trot­ter’s undergarments and the alleged murder weapon (a torn pair of pantyhose) will also be tested. The evidence was shipped out in December and testing will likely take four weeks.

Rytting was alarmed that the state had reissued an execution date for Shore. “They shouldn’t be putting the guy into the ground with these questions still around,” he said. He says two witnesses, with no connection to Swearingen, told the D.A.’s Office that Shore suggested to them that he was connected to Trotter’s murder. The information, Rytting said, would “sure as hell” make Shore a suspect had it been provided prior to Swearingen’s conviction. “It’s a type of incriminating statement the prosecution seizes on all the time,” he said. “You don’t get to wiggle out of it with an ‘Aw shucks, I was kidding.'”

Shore will likely mark the first state-sanctioned killing of 2018, and his is just the beginning. William Rayford is scheduled for Jan. 30, and John Battaglia for Feb. 1.

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EXECUTED – ‘Tourniquet Killer’ set to be executed in Texas – Anthony Shore 6:28 p.m


 

JAN. 18, 2018

In his final statement, Shore, 55, was apologetic and his voice cracked with emotion.

“No amount of words or apology could ever undo what I’ve done,” Shore said. “I wish I could undo the past, but it is what it is.”

He was pronounced dead at 6:28 p.m. CST.

Texas’ “Tourniquet Killer” is set for execution Thursday. It would be the first execution under Harris County District Attorney Kim Ogg, a Democrat who oversaw the first year without an execution in the county for more than 30 years.

Death row inmate Anthony Shore.

 

The first execution of 2018 in Texas and the nation is expected to take place Thursday evening for Houston’s “Tourniquet Killer.”

Anthony Shore, 55, is a confessed serial rapist and strangler whose murders went unsolved in the 1980s and 1990s for more than a decade. With no pending appeals, his execution is expected to be the first under Harris County District Attorney Kim Ogg, a Democrat who took office last January and has said she doesn’t see the death penalty as a deterrent to crime.

Still, she has said the punishment is appropriate for Shore, deeming him “the worst of the worst.”

“Anytime a person is subject to government’s greatest sanction, it merits thoughtful review,” Ogg said through a spokesman Wednesday. “We have proceeded as the law directs and satisfied all doubts.”

Shore wasn’t arrested in the murders until 2003, when his DNA was matched to the 1992 murder of 21-year-old Maria Del Carmen Estrada, according to court documents. His DNA had been on file since 1998, when he pleaded no-contest to charges of sexually molesting his two daughters. After his arrest, he confessed to the murders of four young women and girls, including Estrada.

Between 1986 and 1995, Shore sexually assaulted and killed 14-year-old Laurie Tremblay, Estrada, 9-year-old Diana Rebollar and 16-year-old Dana Sanchez, the court documents said. He also admitted to the rape of another 14-year-old girl, but she managed to escape after he began choking her. The murder victims’ bodies were all found in various states of undress behind buildings or in a field with rope or cord tied around their necks like tourniquets.

Though he doesn’t argue that his client is innocent or undeserving of punishment, Shore’s lawyer, Knox Nunnally, said Wednesday that he was surprised Ogg continued to pursue the death penalty for Shore based on her previous statements on capital punishment. Ogg’s first year in office also coincided with the first year Harris County didn’t carry out an execution in more than 30 years.

“Many people in the death penalty community were expecting other things from her,” Nunnally said.

Though she has said the death penalty is “pure retribution,” Ogg told the Texas Observer last year that she still believes in it. But in two major death penalty cases that made their way to the U.S. Supreme Court, Ogg opted for reduced punishments.

After the high court ruled death row inmate Duane Buck should receive a new trial because an expert witness claimed he was more likely to be a future danger to society because he was black, Ogg offered a plea agreement in October to a sentence of life in prison rather than holding a new death penalty trial. The next month, Ogg asked the Texas Court of Criminal Appeals to reduce the death sentence of Bobby Moore, whose case had earlier prompted the Supreme Court to invalidate Texas’ outdated method of determining intellectual disability in death-sentenced inmates.

But for a “true serial killer” such as Shore, Ogg said in a July statement that he was “a person deserving of the ultimate punishment.”

Shore’s execution was originally set for October, but Ogg postponed it after Montgomery County District Attorney Brett Ligon requested a delay from her and Gov. Greg Abbott. Ligon was concerned that Shore might falsely confess to the Montgomery County murder of Melissa Trotter, potentially disrupting the existing death sentence for the man already convicted in Trotter’s murder.

“We knew that was not true, but, that said, we knew that if we didn’t investigate it, it would look like we ignored potential evidence,” Ligon said.

Ligon said that after Shore talked to Texas Rangers and his office, investigators were convinced that Shore was not responsible for Trotter’s death or any other open murder cases. Nunnally said Shore never confessed to Trotter’s murder.

Now, Nunnally says he thinks he’s done everything he can for Shore. He had hoped to ask for a delay if the U.S. Supreme Court elected to hear a case out of Arizona that questions the constitutionality of the death penalty as a whole, but the justices have yet to make a decision and don’t meet again until Friday — the day after his scheduled execution.

Shore’s execution will the be the first in 2018, following a years-long trend of fewer executions in Texas and across the country. Four other executions are scheduled in Texas through March.

Texas leads the nation in executions, but its death row population is dropping


December 14, 2017

The number of inmates on Texas’ death row dropped again this year, continuing a decades-long trend.

The decline is caused largely by fewer new death sentences and more reduced punishments in recent years, according to end-of-year reports released Thursday by groups critical of the death penalty in Texas and across the country. But Texas still held more executions than any other state.

“Prosecutors, juries, judges, and the public are subjecting our state’s death penalty practices to unprecedented scrutiny,” said Kristin Houlé, executive director of the Texas Coalition to Abolish the Death Penalty, in the release of the group’s annual report. “In an increasing number of cases, they are accepting alternatives to this flawed and irreversible punishment.”

Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, which has supported death penalty practices in legal cases throughout the country, said he agrees that the decline is partially due to shifting attitudes among jurors and prosecutors, but added that death sentences are also down because there has been a drop in the murder rate nationwide.

“The support for the death penalty for the worst crimes remains strong,” he said.

There are currently 234 inmates living with death sentences in Texas, according to the state’s prison system. That number has been dropping since 2003. The death row population peaked at 460 in 1999, according to the Bureau of Justice Statistics.

Here’s how the death row population has changed over the last year:

Seven men were executed.

The same number of men were put to death this year as in 2016, which had the fewest executions in two decades. But even with its relatively low number, Texas was still the state with the most executions in the country. This isn’t unusual given that the state has put to death nearly five times more individuals than any other state since the death penalty was reinstated in 1976, according to the Death Penalty Information Center.

Texas accounted for 30 percent of the nation’s 23 executions in 2017. Arkansas was second in the country with four. Last year, Georgia put more people to death than Texas — the first time Texas hasn’t been responsible for the most executions since 2001.

Four more men got cells on death row.

One more person was sentenced to death this year than in 2015 and 2016, when only three men were handed the death penalty in each of those years.

The number of new sentences, which ranged in the 20s and 30s each year in the early 2000s, dropped in 2005 after jurors were given the option to sentence convicts to life without the possibility of parole as an alternative to the death penalty. Before then, if a capital murder convict wasn’t sentenced to death, he or she would be eligible for parole after 40 years. About 10 people in Texas were sentenced each year after that until the additional decrease in 2015.

Two men died while awaiting execution.

Joseph Lave and Raymond Martinez both died this year before they were taken to the death chamber, even though they had had extended stays in prison. Lave passed away more than 22 years after his murder conviction, and Martinez had lived more than 30 years with a death sentence.

Four men had their sentences changed from death to life in prison.

Two U.S. Supreme Court decisions this year have so far resulted in the reduction of three death sentences to life in prison. The high court ruled against Texas in the death penalty cases of Duane Buck and Bobby Moore.

Buck reached a plea agreement with Harris County prosecutors to change his death sentence to life in October after a February ruling by the court said his case was prejudiced by an expert trial witness who claimed Buck was more likely to be a future danger because he is black.

In Moore’s case, the justices invalidated Texas’ method for determining if a death-sentenced inmate was intellectually disabled and therefore ineligible for execution. Though Moore’s case has yet to be resolved (Harris County has asked the Texas Court of Criminal Appeals to reduce his sentence to life), two other men on death row with intellectual disability claims received life sentences after the ruling.

Another man this April received a new punishment hearing in a 1991 murder and pled guilty, landing four consecutive life sentences over the death penalty, according to the Texas death penalty report.

Nine men narrowly escaped execution — for now.

Executions were scheduled — then canceled — for nine men this year. Six were stopped by the Texas Court of Criminal Appeals in light of pending appeals, and one was stopped by a federal court, the report said.

One man, Larry Swearingen, evaded execution in November because of a clerical error, and convicted serial killer Anthony Shore’s death was postponed because prosecutors were concerned he would confess to the murder for which Swearingen was convicted.

 

For first time in more than 30 years, no Harris County death row inmates executed


December 6, 2017

For the first time since 1985, no Harris County killers will be executed by the state of Texas this year, a landmark shift for a county once known as the “capital of capital punishment.”

Despite a slight uptick in executions nationwide, Harris County’s one execution this year was cancelled after a desperate death row plot led to a last-minute stay for serial killer Anthony Shore in October. Two U.S. Supreme Court rulings spared two other inmates.

“This has been an important year in terms of death penalty litigation,” said District Attorney Kim Ogg. “I view it as a positive thing. I don’t think that being the death penalty capital of America is a selling point for Harris County.”

Nationwide, executions reached a high water mark in 1999, and Texas executions topped out at 40 the next year. But it’s Harris County courts that have kept the death chamber busiest, with 126 executions since the state resumed capital punishment in 1982.

“Harris County has always symbolized America’s death penalty because it has executed more people than any other county and — apart from the rest of Texas — more than any other state,” said Robert Dunham of the Death Penalty Information Center. “It is both symbolic and emblematic of the change in capital punishment in the United States. For the first time in a generation, the nation’s largest executioner has executed no one.”

STUDY: Conservatives’ distaste for death penalty sends support to 45-year low

In part, that’s due to the long-range impact of the Lone Star State’s introduction of life without parole as a sentencing option starting in 2005. Before that, jurors on capital murder cases had to pick between death and the possibility of eventual release.

But it’s also due to the more immediate impacts of court actions this year. In October, death row inmate Duane Buck was given a life sentence after the Supreme Court granted him a new hearing in light of testimony from an expert who told the jury that Buck was more likely to be a future danger because he is black.

Then in November, Harris County prosecutors asked for a life sentence for Bobby Moore, months after the Supreme Court determined that Texas did not properly consider whether he was too intellectually disabled to face execution.

Falling murder rates and changing political tides have also contributed to the decline in capital punishment.

“Perhaps the most important change is that the public is substantially less supportive of the death penalty than it has been at any time since 1972,” Dunham said, citing a recent Gallup poll. The research group’s October findings showed that 55 percent of U.S. adults support capital punishment for convicted murderers, a low not seen since March 1972.

Outspoken death penalty supporter Dudley Sharp blamed the drop on the length of time between sentencing and execution.

“At this point it’s more than doubled since the 1980s, which would dramatically lower the execution rate,” Sharp said.

Even without Harris County, Texas regained its spot this year as the busiest death chamber in the nation with seven executions. Nationwide, 23 prisoners were put to death — three more than the year before — amid an otherwise downward trend.

MOORE: Prosecutors ask for life sentence for Texas death row inmate Bobby Moore

A generation ago, it was a different story.

A year before Karla Faye Tucker’s execution grabbed national headlines amid the tough-on-crime efforts of the 1990s, Harris County saw 11 killers in 1997 executed. Tucker, the first woman executed in Texas since the 1800s, was convicted of a brutal pickaxe slaying; she blamed the killing on drugs.

The next execution in Texas is Jan. 18, when “Tourniquet Killer” Anthony Shore is slated to die by lethal injection.

Shore’s execution on Oct. 18 was halted at the last minute after he told investigators of an abandoned confession plot with fellow death row inmate Larry Swearingen, a Montgomery County killer whose execution was also delayed.

A handful of other Harris County killers who are nearing the end of their appeals process could potentially net 2018 execution dates, including Carlos Ayestas, a Honduran man convicted in a 1995 slaying. The court heard oral arguments in the case in October and is expected to offer a decision next year.

No new death sentences, however, were imposed in Harris County this year — Ogg’s first to helm the district attorney’s office.

“I think it reflects both the new administration and the new skepticism about the death penalty and life without parole all combined with a dash of Harvey,” said local defense attorney Pat McCann. “And then of course there’s the simply bizarre continuing tale of Mr. Shore and Mr. Swearingen and the frankly inexplicable turn of events there.”

Next year could be different, however.

“When you have an historic low one year it’s not surprising to see the numbers rise slightly the following year,” Dunham said.

Death row exoneree Anthony Graves lauded local prosecutors for their role in the shifting tides.

“Kudos to the administration for being out front on criminal justice reform,” he said. “Because this is what it is, this is what it looks like.”

Executions Scheduled for 2018


Executions Scheduled for 2018


Month State Prisoner
January
2 PA Sheldon Hannibal — STAYED
3 OH John Stumpf — RESCHEDULED
3 OH William Montgomery — RESCHEDULED
18 TX Anthony Shore
25 AL Vernon Madison
30 TX William Rayford
February
1 TX John Battaglia
13 OH Warren K. Henness — RESCHEDULED
13 OH Robert Van Hook — RESCHEDULED
13 OH Raymond Tibbetts
22 TX Thomas Whitaker
March
14 OH Douglas Coley — RESCHEDULED
14 OH Warren K. Henness — RESCHEDULED
20 MO Russell Bucklew
27 TX Rosendo Rodriguez
April
11 OH Melvin Bonnell — RESCHEDULED
11 OH William Montgomery
May
30 OH Stanley Fitzpatrick — RESCHEDULED
June
27 OH Angelo Fears — RESCHEDULED
July
18 OH Robert Van Hook
August
1 OH David A. Sneed — RESCHEDULED
September
13 OH Cleveland R. Jackson
October
10 OH James Derrick O’Neal — RESCHEDULED
November
14 OH John David Stumpf — RESCHEDULED