Diver convicted in wife's drowning

[idocsteve]

WOW! You know EVERYTHING!

Well, no, I don't know "everything" but there are some generalities that apply to most if not all people to some degree.

Most if not all people are motivated by greed, most if not all people are selfish and perhaps with the exception of their children, put themselves first, before any other person on the planet..a fellow like your buddy David is no different than anyone else, except that perhaps his "moral scale" is a bit shifted in the direction that makes it easier for him to cheat on his wife, which makes him much more likely to have other "dirty little" secrets as well, which he probably does not choose to share with his friends (that's you). One example might be him having an affair, another might be the his secret plan to murder his wife in a third world country that is not very likely to take an aggressive legal stance, so he can be with his mistress who will have him no other way, and at the same time solve his financial woes.

It's not rocket science.

 

[AfterDark]

Well, no, I don't know "everything" but there are some generalities that apply to most if not all people to some degree.

Most if not all people are motivated by greed, most if not all people are selfish and perhaps with the exception of their children, put themselves first, before any other person on the planet..a fellow like your buddy David is no different than anyone else, except that perhaps his "moral scale" is a bit shifted in the direction that makes it easier for him to cheat on his wife, which makes him much more likely to have other "dirty little" secrets as well, which he probably does not choose to share with his friends (that's you). One example might be him having an affair, another might be the his secret plan to murder his wife in a third world country that is not very likely to take an aggressive legal stance, so he can be with his mistress who will have him no other way, and at the same time solve his financial woes.

It's not rocket science.

See what I mean you know EVERYTHING!

 

[Rhone Man]

One example might be him having an affair, another might be the his secret plan to murder his wife in a third world country that is not very likely to take an aggressive legal stance

Which third world country was this (BVI has 10th highest GDP per head of population in the world), and which country was not likely to take an aggressive legal stance (encouraged the US authorities to prosecute, and then when they wouldn't, applied for his extradition)?

 

[AfterDark]

Which third world country was this (BVI has 10th highest GDP per head of population in the world), and which country was not likely to take an aggressive legal stance (encouraged the US authorities to prosecute, and then when they wouldn't, applied for his extradition)?

I was wondering when and who was going to pick up on that comment.

 

[SadiesMom]

An appeal won't get him out of jail. The best it can do is get him a second trial and that will involve a jury. Maybe your purpose is to try and convince everyone in a public forum that he is innocent and that will make you feel better. I understand. That still won't get him out of jail.

I'm not sure that that's true, K-girl. Maybe Rhone Man will chime in here, but as I recall, the William Labrador (a US citizen convicted of murdering a woman in Tortola)appeal to the Privy Council in London resulted in an overturned verdict which released him from prison entirely. There was no second trial. Granted, that was after the verdict was apparently upheld by the Eastern Caribbean Appeals Court. But I believe that it's within the Eastern Caribbean Appeals Court's power to overturn a verdict and free a prisoner as well...Rhone Man, please correct me if I'm wrong.

(I know there have been other appeals that have overturned verdicts on appeal and freed prisoners, but frankly right now I haven't had enough coffee to remember them )

 

[AfterDark]

I'm not sure that that's true, K-girl. Maybe Rhoneman will chime in here, but as I recall, the William Labrador (a US citizen convicted of murdering a woman in Tortola)appeal to the Privy Council in London resulted in an overturned verdict which released him from prison entirely. There was no second trial. Granted, that was after the verdict was apparently upheld by the Eastern Caribbean Appeals Court. But I believe that it's within the Eastern Caribbean Appeals Court's power to overturn a verdict and free a prisoner as well...Rhoneman, please correct me if I'm wrong.

(I know there have been other appeals that have overturned verdicts on appeal and freed prisoners, but frankly right now I haven't had enough coffee to remember them )

Quite right this is part of a posting by Rhoneman:
It wouldn't shock me at all if Swain was freed on appeal. The evidence was heavily circumstantial and the facts occurred long ago, so I suspect the appellate judges will scrutinize every facet of the case very closely indeed.

 

[Rhone Man]

But I believe that it's within the Eastern Caribbean Appeals Court's power to overturn a verdict and free a prisoner as well...Rhoneman, please correct me if I'm wrong.

(I know there have been other appeals that have overturned verdicts on appeal and freed prisoners, but frankly right now I haven't had enough coffee to remember them )

You're not wrong. If a conviction is quashed, then normally the accused is free to go unless the court orders a retrial. Although retrials are sometimes ordered, usually they are not (unless there is some very technical reason why the conviction wasn't allowed to stand).

 

[idocsteve]

Which third world country was this (BVI has 10th highest GDP per head of population in the world), and which country was not likely to take an aggressive legal stance (encouraged the US authorities to prosecute, and then when they wouldn't, applied for his extradition)?

My apologies, I have no clue about whether it's easier or more difficult for David to pull off the murder of his wife in that country, my post was based on only what I read on this thread, and I recall posts that suggest he could more easily get away with the crime in the geographic locale in which he did it as compared to here in the US.

 

[idocsteve]

Quite right this is part of a posting by Rhoneman:
It wouldn't shock me at all if Swain was freed on appeal.

You spelled "fried" wrong.

 

[AfterDark]

My apologies, I have no clue about whether it's easier or more difficult for David to pull off the murder of his wife in that country, my post was based on only what I read on this thread, and I recall posts that suggest he could more easily get away with the crime in the geographic locale in which he did it as compared to here in the US.

And I thought you knew EVERYTHING.