Diver convicted in wife's drowning

[EGad]

K_girl,

Sorry if I didn't see this a few posts up, but where are you getting these graphics? I didn't see them in the Dateline story and I'm wondering if I just wasn't paying attention and those are screen grabs or if they have it online, I know some people missed it.

I still don't think Dave did it, I believe I met him long ago before I enlisted. But there are just too many questions for me. I think that the trial had more questions than answers and that it was won, not on the strength of the case, but that it was a solid "in the middle" classic reasonable doubt situation and it was won on insistence and volume, rather than legal skill and finesse. But, hey, the big hammer usually works. I'm not satisfied that the prosecution proved Dave did it, and panic is a horrible thing, even above sea level. But I don't claim to hold all the answers.

Hell, on a totally different angle, if you were going to commit the type of crime they claimed as the perfect murder, would you bring along all those witnesses?

Meh,

I'm tired of thinking. I've been shoveling snow and doing the birthday party thing and my mind isn't as sharp as it should be.

I know I'm rambling, but I just think that locking a man up for what is quite possibly the rest of his natural life in a case that is this questionable doesn't seem like justice.

And either way, as much as we would all like it to, it will never bring Shelley back.

Let's not treat this as the latest episode of CSI or Law & Order. A good woman has died, and as much as I wish it hadn't happened, it has.

We can armchair prosecute and defend this case as long as we'd like with the little evidence we have, but I feel that it only takes away from the main tragedy in this case. Shelley.

Shelley Tyre 1953-1999

 

[Ken Kurtis]

It looks like to me that the lens on the mask was also severely scratched:

I think that's just light reflection in the second image. First of all, it's pretty hard to "scratch" a diving mask. Secondly, the supposed scratches are not evident (to my eye) in the first or fourth photos.

- Ken

 

[K_girl]

Egad - watch the NBC story again - you will see all the graphics. They are screen grabs.

You have my sympathies for the pain you must be feeling. It was not my intention to disrespect Shelley in any way. I have criticized both sides of the case and I admit that I do not have access to the trial transcripts, so there is a lot that is speculation. There have been many posts from people who say the jury got it wrong, the prosecution did not prove their case - I am trying to figure out how the jury could have convicted. Some of these people have been close to David at one time or another and I appreciate and respect their support for him. If David were to get a second trial through an appeal, some of what has been said here could actually help the defense to strengthen its case by recognizing where the weaknesses may be and what would need to be explained or better explained. I am not an attorney, but I do work in the area of criminal defense and this subject matter has captured my interest. If you go back through the thread, you will find a very good, thoughtful and respectful discussion on this case by most all the participants here.

 

[ItsBruce]

Here is something no one has mentioned yet: Perhaps the pin failed of natural causes and Shelly's mask came off and that resulted in a panic. I have had a pin in the release mechanism of a fin break, leaving me with nothing holding my fin in place other than friction. Thus, a natural failure of a small piece of metal is possible.

The real problem, however, is that to argue such a thing to a jury requires that there be at least an iota of evidence. The law does not let litigants pull inferences from thin air. You can surmise all the explanations you want, but unless there is some evidence in support of it, it will often backfire.

And, once again, I'm going to go back to the fin in the sand. In my heart, I believe that the only way it could come to be where it was the way it was is if someone took the time and effort to put it exactly there. A fin might come off in a struggle. The strap might even be under the heel pocket. But, it would not fall into the sand in such a way that it was found. Nor could it get that way in a struggle or by accident ... and especially not with the strap under the heel pocket. So how did it get there?

That, IMHO is the biggest hole in the prosecution's case. The prosecution cannot suggest that David did it because there is no evidence he did.

One more thought: If David killed Shelly and did so according to the prosecutor's timeline, what did he do after that before surfacing? He could have done a tour of the wrecks so he'd have pictures to support an alibi. So, why didn't he use some of his time to replace the fin, put the regulator back in Shelly's mouth, find the mouthpiece of the snorkel or dispose of the snorkel entirely? In fact, if David did it, he would have been better off to say he saw Shelly having a panic attack and that he tried to help her but failed.

Personally, I have at least reasonable doubt.

 

[EGad]

Egad - watch the NBC story again - you will see all the graphics. They are screen grabs.

Thanks.

Oddly enough, I was distracted watching scubaboard. I was going to post a running commentary, but there was way too much going on.

Also, how about the struggle video that they had on there? Do you know if that was in the trial? That seems like it may have been prejudicial. But I'm just speculating. I don't know if it was shown, nor if it was prefaced with a disclaimer by the prosecution.

Also, I've erased it from my DVR. Or someone here has. Are there any torrents or do they have the video on the site? I'm going to check now. Just wondering if you have a copy of it online somewhere.

Thanks much

Eric

 

[K_girl]

In the Dateline story, it was stated that the press was allowed to audio-tape the trial. Does anyone know any press people who have that audio tape? I would be willing to transcribe it if I could get a hold of a copy. That would certainly answer a lot of questions posed in this forum.

 

[EGad]

I wasn't able to find the whole hour online, but Dateline's website did have some web-exclusive videos.

msnbc.com Video Player

 

[K_girl]

Egad - I have it on my Tivo and my Tivo has a DVD burner, so I am able to work with the DVD as I work on my computer. As far as I know, there is not an on-line version of the show. I don't do torrent (file-sharing) sites.

I went back over the section of the show where it showed the demo struggle you mentioned. The report says it was presented at the civil trial, but they do not mention it being shown at the criminal trial. I would imagine that would be extremely prejudicial.

 

[EGad]

In the Dateline story, it was stated that the press was allowed to audio-tape the trial. Does anyone know any press people who have that audio tape? I would be willing to transcribe it if I could get a hold of a copy. That would certainly answer a lot of questions posed in this forum.

I know there was at least one local TV station that had a reporter who covered all the news about Shelley. I'll see if I can remember (or hunt down) who it was and see if he has a audio copy or transcript available for us. If I can recall who it is, I'll invite him to weigh in on this thread if everyone would like as he's been covering at least the civil and BVi trials.

One of these days I'm going to compile everything I can on this case, as soon as I finish the rest of my paperwork. Sadly, it doesn't look great for my schedule.

 

[K_girl]

I know there was at least one local TV station that had a reporter who covered all the news about Shelley. I'll see if I can remember (or hunt down) who it was and see if he has a audio copy or transcript available for us. If I can recall who it is, I'll invite him to weigh in on this thread if everyone would like as he's been covering at least the civil and BVi trials.

One of these days I'm going to compile everything I can on this case, as soon as I finish the rest of my paperwork. Sadly, it doesn't look great for my schedule.

EGad - That would be terrific. Like I said, I would be happy to translate the audio. I have access to a foot-pedal device that can work with digital files and I type pretty darned fast.