Diver convicted in wife's drowning

[Scott L]

That's true it only took 4 hours. IMO it indicates that they mostly had their minds made up before the trail was over. Usually deliberations that take so little time ends in a not guilty verdict.

I am sure it was a one-sided trial in that the prosecution had much, much more resources than the defense along with a tainted jury pool. Who on the island would not have read volumes or heard hours of reporting on the case?

 

[DandyDon]

I am sure it was a one-sided trial in that the prosecution had much, much more resources than the defense along with a tainted jury pool. Who on the island would not have read volumes or heard hours of reporting on the case?

I bet that's right. 21.5 square miles in area, population 23,908 - I'm sure it's been well discussed over the years. I'd think he was probly tried in public opinion years ago.

 

[Scott L]

I bet that's right. 21.5 square miles in area, population 23,908 - I'm sure it's been well discussed over the years. I'd think he was probly tried in public opinion years ago.

I was going to ask earlier but with your obversations added...Why did he waive extradition? He obviously did not consult proper BVI counsel...

 

[DandyDon]

I was going to ask earlier but with your obversations added...Why did he waive extradition? He obviously did not consult proper BVI counsel...

I'm not foolish enough to take new reports seriously, but since that's all we have available...

In some articles, he was quoted at the end of the civil trial of wishing there was a criminal tril so he could prove his innocence. I'm not sure why he thot it would go differently, but with the paltry evidence they had on him - I'm surprised that he lost either. Must have been some entertaining lawyers in the civil case, and a predisposed jury in the latter, I think.

I can see both sides of this tho. Had I been the rich parent of a daughter with money who married a dive bum with little resources, who was also after another women before and immediately after the death of the daughter - I think I'd go after him with all I could as well.

The weak point for both sides seems to be the autopsy done, with no studies to rule either way on whether there could have been an in-water medical incident. I'm pretty cynical about such, expecting the local country to want to dismiss such cases as simply and cheaply as possible, as well as never exposing local businesses to incrimination.

 

[Rhone Man]

Just to round up a few more questions in the thread:

• No time limit on jury's deliberations in the BVI. Usual rule of thumb is that if they haven't reached a verdict after 2 full days deliberation, the judge will ask them if they think they are going to be able to. If not (ie. they are irrevocably deadlocked), he would discharge them and record a not guilty verdict.
  
• Cheating on your wife wouldn't be admissible as evidence of bad character (character evidence is almost never allowed in English common law jurisdictions), but it might be admissible as motive. Whether a jury is able to draw the distinction is another issue. The judge would be expected to give a very careful direction on that.
  
• It is a small island, and people do talk a lot. Certainly when the original incident happened, a lot of people (particularly the diving community) assumed guilt on the part of Swain. But it was 10 years ago, and although I am sure it is awful for the two families involved, it hasn't really been the subject of that much media attention down here. Some of the overseas media reports have suggested it was "one of the most sensational trials" ever in the BVI, but again, not to mitigate the tragedy for all involved, but it garnered very little media attention compared to the highly sensationalised McMillen trial a few years back. Swain will be hoping that the McMillen trial is replicated in one way - the Privy Council eventually quashed the convictions.

 

[Scott L]

Just to round up a few more questions in the thread:

• No time limit on jury's deliberations in the BVI. Usual rule of thumb is that if they haven't reached a verdict after 2 full days deliberation, the judge will ask them if they think they are going to be able to. If not (ie. they are irrevocably deadlocked), he would discharge them and record a not guilty verdict.
  
• Cheating on your wife wouldn't be admissible as evidence of bad character (character evidence is almost never allowed in English common law jurisdictions), but it might be admissible as motive. Whether a jury is able to draw the distinction is another issue. The judge would be expected to give a very careful direction on that.
  
• It is a small island, and people do talk a lot. Certainly when the original incident happened, a lot of people (particularly the diving community) assumed guilt on the part of Swain. But it was 10 years ago, and although I am sure it is awful for the two families involved, it hasn't really been the subject of that much media attention down here. Some of the overseas media reports have suggested it was "one of the most sensational trials" ever in the BVI, but again, not to mitigate the tragedy for all involved, but it garnered very little media attention compared to the highly sensationalised McMillen trial a few years back. Swain will be hoping that the McMillen trial is replicated in one way - the Privy Council eventually quashed the convictions.

What is the opionion in the legal community of the defense team's job?

 

[AfterDark]

I'm not foolish enough to take new reports seriously, but since that's all we have available...

I can see both sides of this tho. Had I been the rich parent of a daughter with money who married a dive bum with little resources, who was also after another women before and immediately after the death of the daughter - I think I'd go after him with all I could as well.
QUOTE]

Don he's not a dive bum. He is a family man worked blue collar in a shipyard like me for years and was able to buy a LDS on his own.

 

[AfterDark]

.

Would never have gone to trial in US... Questionable, I am not an expert. We would have done a better job on the forensics for sure. The media reporting would still be junk and we would still be in the dark.

Not questionable at all its fact. According to law the US has the right to try a US citizen that kills another US citizen in another country. It didn't happen, IMO because there wasn't enough real evidence to even get an indictment.
I hope you never find yourself in a similar situation. As divers we apparently take a big risk diving with our spouse. I'm glad now my wife is afraid of the water!

 

[DandyDon]

Don he's not a dive bum. He is a family man worked blue collar in a shipyard like me for years and was able to buy a LDS on his own.

Sorry, I misstated that. I was thinking of the wife's father's possible view. I don't know him of course, nor do I really understand how rich New Englanders think.

Not questionable at all its fact. According to law the US has the right to try a US citizen that kills another US citizen in another country. It didn't happen, IMO because there wasn't enough real evidence to even get an indictment.
I hope you never find yourself in a similar situation. As divers we apparently take a big risk diver with our spouse. I'm glad now my wife is afraid of the water!

Diving with a spouse with whom one has a history of infidelities would be the touchiest probly, along with the drastic differences in after divorce and after death financial positions in this case. Still, as I said earlier, from whence my own interest grew here...

It's a little uncomfortable to think that if I dive, hike, climb, trail ride, whatever with my buddy, girlfriend, wife, business associate, etc. and something goes wrong - I'd better have a clear explanation for everything s/he, I, we did out there.

 

[DCBC]

... that the suspect's fingerprints are on the murder weapon is circumstantial evidence.

Yes it's circumstantial evidence, but if the murder weapon is a dinner knife owned by the accused, it may be an insignificant presumption of fact.