Sadiesmom - I don't think you know me quite as well as you perceive. I've been saying for quite some time that I want to see Swain have a vigorous defense and I would have hoped for that in the civil trial. However, I do believe that the judge gave Swain every opportunity to put on a vigorous defense. Swain's attorney's illness was not a last-minute situation that occurred just before the civil trial:
"..For years the [civil] trial was delayed, in part because of Swain's numerous requests for continuances, noting that his lawyer had developed cancer. The Superior Court judge hearing the case, Patricia Hurst, repeatedly advised Swain to find another lawyer while granting most of his requests. Eventually, however, the case went forward without Swain having representation.."
Source:
CDNN :: Friends, Family Rally to Support Scuba Murder Suspect David Swain
Shelley's parents also said this:
"And Tyre’s parents, Richard and Lisa Trye of Jamestown, reconstructed from the stand the “volatile” and frustrating day they attempted to get answers from Swain about what happened to their daughter.
“May I use the word cocky?” Lisa Tyre said when asked by Olenn to describe Swain’s demeanor that morning. “He was very arrogant. It was his tone, his general demeanor.” As if: “‘I know about everything and that’s what it is.."
Source:
On tape, Swain says CPR wouldn’t have saved wife Wrongful Death Attorneys
From the same article you quoted above:
"Lisa Tyre recalled Swain’s exact words: “Shelley isn’t with us. … I went down with five and I came back with four.”
She told Olenn, coincidentally a diver himself, that she initially thought David was saying Shelley had traveled to another island.
Then David made some bizarre remark about giving the man who found Shelley a grade of B-plus in lifesaving skills.
That’s when Lisa handed the phone to her husband. Together they deciphered David Swain’s message. He didn’t know how Shelley died, he said. He wasn’t with her. He had gone off by himself to take pictures. He didn’t know what happened, he kept repeating, he hadn’t been with her.."
Source:
From Tortola to R.I., one man’s hunt for a suspected killer | Rhode Island news | projo.com | The Providence Journal
You notice that David appears to have blamed Thwaites for what happened to Shelley in the bold text above, which indicates two things to me: 1) that he thought there actually might have been a chance to save Shelley; and 2) that he takes no blame himself, whatsoever, even though he is the one who supposedly did CPR and stopped Thwaites or Royale from doing CPR.
About Olenn - I would say some people would see it like you do. However, some people will see it this way: murder-by-scuba is not a case that is necessarily great PR for future cases. It was a case where ultimately, even though there was a judgement against David, there was no money to be had. They knew that from the financial forensic analysis that David had already blown through all the money and was once again, bankrupt. Shelley's parents knew that they would be on the hook for money, but wanted to press forward anyway. The fact that Olenn won a landmark case that caused diving boards to disappear from hotels and backyards across the country, tells you that his winnings from a case like that were substantial, probably in the millions. Does he need a vacation to Tortola from the Swains? I would venture to guess not. Compared to the kind of cases he could attract with the potential winnings with his background, he did not need this case. Yet, he devoted
8 years of his time to this case. Did this case bring him millions as the previous case would have? In fact, the same article above says:
"Olenn had volunteered to help the Tyres at his own expense. He didn’t expect it would become such a commitment.."
So what does that really say about this man? I would say, not the bad things you are trying to portray.
