vladimir
The Voice of Reason
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The clear implication being, neither is yours.
BREAKING NEWS: David Swain Wins Appeal Against Murder Conviction
- Thread starter SadiesMom
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Ayisha
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It is your perception that what I write is hyperbole. To me, it is simply a strong writing style. I could mitigate my sentences and often do, but my intent is usually very clear and may not be what people want to hear. I stand behind anything I write and any of the many people on this board who know me personally can tell you that I speak the same way and can back up anything I say. If people choose to take strong statements as hyperbole and it elicits a defensive response, so be it. Either way, the point has been made.
The similar effect to never having been to trial will haunt David Swain for a long time, if not his whole life, because the public perception has not changed and there is nothing definitive to change it. No one can say with certainty that he is innocent or guilty. All we have are the numerous articles, reports, testimony from the first responders and others who believed he "did it", a unanimous verdict in the civil trial finding him responsible, a judge who heard both sides who was so certain that he was guilty that she pretty much instructed the jury accordingly - and that is even disregarding the findings of the said jury. We don't know how the jury would have voted without the judge's directions and we may never know. The jury may have voted guilty anyway or they may not have.
Swain has served some time and lived with this for years already, but he has nothing to counteract public opinion and no one can say that he is innocent or even not guilty. His only victory is his freedom, but that may be enough for him and his friends.
AfterDark
Contributor
That pretty much sums it up, except you left out his family. They are all happy to see him free. I know if it were me and I had my freedom and the support of my family and friends I'd consider myself very fortunate. Everyone else well they could just give my arse a big kiss.:mooner:
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It would appear to me that you two had decided on Swain's innocence long before he was tried, the rest of us, at least, considered the evidence as it was revealed.
AfterDark
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How wonderful for ya'll. I knew he be freed one day, ya'll didn't.
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That's what's called prejudice (the root is pre-judge). You had pre-judged the case before it was even heard, so basically any comments that you might make should be completely ignored.
AfterDark
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No, actually, I didn't, glad that you recognize that difference between us.
AfterDark
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Pleases me also.:kiss2:
OP
It would "appear" to you that way - but you would be wrong.
I did do some soul searching and thought long and hard about whether it was possible for the David Swain I knew to have done such a thing. While you may not believe what I'm saying, I did explore the possibility in my thoughts that we all have a dark side that is unknowable by others and perhaps are capable of things others would never suspect of us. This exploration process happened long before I came to Scubaboard - and long before any of you had even heard David or Shelley's names. I found that I did not *believe* that David was capable of it - but I remained open to the possibility that some evidence might come out in either of the trials that could sway me. I am, by education and by trade, a scientist - facts are able to convince me - supposition is not.
So, in addition to what I believed I knew personally of David's character, I also looked hard at the evidence that was brought out in BOTH trials - to see if a) the evidence supported ONLY the prosecutions' versions of what happened; or if b) some other explanation was possible that did NOT support that a murder had occurred. I came to the conclusion that I could come up with a number of other scenarios that did not include murder. And once each of the prosecution sides put forth their actual cases in both the civil trial and then again later in the criminal trial, it was clear to me that, given the evidence, neither of the prosecutions in either trial had made their case to me, as an experienced diver. I believe in innocence UNTIL PROVEN GUILTY beyond a reasonable doubt - and in my mind, there were just far too many reasonable doubts.
My belief in innocence until guilt is proven appears to be a major difference between myself and some of you - you seem to jump to an assumption of guilt first and then look for "proof" of innocence. That's not the way the justice system is supposed to work. And it's the way I try to live my life in relationships with other people.
Anyone is free to agree or disagree, but I know the thought process I went through in making up my mind - and you don't.
I'm now done with this conversation - nothing that is said here will change the fact that David's name has now been cleared of murder and that some of you will never agree that that should've happened.
I'm grateful for the cogent information and input from Dadvocate, Rhoneman, Scuba QTX, DandyDon, DA Aquamaster, NolaTom, and Txaggie08. I would love to meet and dive with any and all of you some day.
AfterDark, let's get together soon, my friend.
Sadiesmom
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