Diver convicted in wife's drowning

[Jax]

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.

Ummm . . . you have that backwards. Less time, more likely guilty; more time, more in defendent's favor. (So sayth my sister's boss, a defense atty.

 

[AfterDark]

Just the mask strap? Could that have occurred during the recovery?

I've read some bizzare stories of divers that panic shedding / breaking gear and even bones in their finally moments. I don't see how one can tell the difference. Then again I'm not an "expert". It's one of the many unanswered / unanswerable questions IMO that prevents the crossing of the reasonable doubt threshold.

 

[AfterDark]

Ummm . . . you have that backwards. Less time, more likely guilty; more time, more in defendent's favor. (So sayth my sister's boss, a defense atty.

I suppose it could work either way, I'll stand corrected though. Thanks.

 

[Scott L]

Just the mask strap? Could that have occurred during the recovery?

Picking up off the ocean floor? I would think not!

 

[DandyDon]

As I gather from various articles, her mask strap & snorkel mouth piece were broken, but panicked reactions to a number of possible medical issues could possibly be involved with such. One of her fins were was found suck in the sand some 30 ft from the body I think, if one can take that report from the person who retrieved the body as fact. One can make a case either way for all of that.

The original appraisal from the local police was it looked like an accident, and either no autopsy or one not very extensive was done. Just not much to go on without the background factors.

So what should we do if we lose a dive buddy somewhere? Insist on a criminal investigation then and there....?

 

[Scott L]

One of her fins were was found suck in the sand some 30 ft from the body I think, if one can take that report from the person who retrieved the body as fact. One can make a case either way for all of that.

Odds were the panic occured well off the bottom with fin twisting like leaf in the breeze off center to the bottom (unless Jet fins)....

 

[Ayisha]

AfterDark, Rhone Man or anyone else that may know:

1. When did this incident switch from being treated as an accident to a criminal investigation? Any particular trigger?

2. What was the evidence or gut feeling of the friends on board about what had just occurred? What was the belief of the friend who retrieved her?

3. What was disturbing about Swain's "demeanor" (that Rhone Man mentioned) and when and to whom? Was it his demeanor during the tragedy or later? Was it the affair alone?

There seems to be a lot of evidence that we are not privy to...

 

[Scott L]

AfterDark, Rhone Man or anyone else that may know:

1. When did this incident switch from being treated as an accident to a criminal investigation? Any particular trigger?

2. What was the evidence or gut feeling of the friends on board about what had just occurred? What was the belief of the friend who retrieved her?

3. What was disturbing about Swain's "demeanor" (that Rhone Man mentioned) and when and to whom? Was it his demeanor during the tragedy or later? Was it the affair alone?

There seems to be a lot of evidence that we are not privy to...

That's a good question! Probaly when the parents started to splash some cash...

 

[ItsBruce]

So what should we do if we lose a dive buddy somewhere? Insist on a criminal investigation then and there....?

The common wisdom among criminal defense lawyers is NEVER TALK TO THE AUTHORITIES. A corollary is NEVER TALK TO ANYONE OTHER THAN YOUR OWN ATTORNEY.

The basic thought is that anything you say can and will be used against you, while nothing you say can be used to benefit you. Further, a careless word may be all that it takes to turn suspicion toward you.

Take a look at: YouTube - Don't Talk to Cops, Part 1

 

[AfterDark]

AfterDark, Rhone Man or anyone else that may know:

1. When did this incident switch from being treated as an accident to a criminal investigation? Any particular trigger?

2. What was the evidence or gut feeling of the friends on board about what had just occurred? What was the belief of the friend who retrieved her?

3. What was disturbing about Swain's "demeanor" (that Rhone Man mentioned) and when and to whom? Was it his demeanor during the tragedy or later? Was it the affair alone?

There seems to be a lot of evidence that we are not privy to...

1.After her parents won a wrongful death suit in civil court in the USA.
My understanding is that he could have been tried here under US law but for some reason in indictment was never issued. Why?

2.Don't know I wasn't there and I don't know the people they were with.
I do question why someone with murder intentions would bring along potentional witness to a crime?

3. Dave has never been the type to show a lot of emotion. He had a rough childhood,was out on his own early in life and learned to supress his out reactions out of self preservation. So to many involved he didn't seem emotional enough for their liking.

My understanding of the "affair" was that if hadn't progessed to the point of adultry and was ended before the plans to travel to BVI. Dave unfortunatly picked back up sometime after returning to the US. Why? I could only speculate. Maybe he needed a shoulder and picked the "wrong" one. As I understand it he had strong feelings for her and even wrote of wanting to run away with her.

I will agree 2.and 3. doesn't make him look like the spouse of the year but, IMO isn't enough along with him being there and the condition of Shelly's gear which is about all they had / have in the way of evidence, motive, and oppotunity to convit someone of murder. Thoughtful questions thanks for asking.