Ocean State Scuba

[mstudley]

Just passing this news along:

Rhode Island man charged in his wife's mysterious Caribbean drowning - Local News Updates - The Boston Globe

Arrest warrant application is attached to this message.

-- Matt

 

[RIOceanographer]

Here is the article from today's Providence Journal:
Now it’s a murder case | Rhode Island news | Rhode Island news | projo.com | The Providence Journal

 

[johnnyseko]

Whoa.............

 

[all4scuba05]

Innocent until proven guilty. Does that apply in the BVI's? Just reading those articles doesn't make me think he did it.

 

[RIOceanographer]

Innocent until proven guilty. Does that apply in the BVI's?

Yes it does.

The BVI is part of the UK so we are basically talking about the British legal system. The US system was largely based on that of the UK including trial by jury, presumption of innocence and the "proven beyond a reasonable doubt" standard in criminal matters.

 

[ScubaSarus]

The evidence regarding the damaged gear could get thrown out as the assumed crime scene was not secured and someone else could have damaged the gear. I don't see any talk of police divers going down to photograph evidence or secure the scene.

I don't see under UK law how there could be absolute reasonable doubt due to what I believe is failure to investiate properly. A none- police diver actually handled the evidence they are basing part of the case on.

I hope truth an honesty prevails.

 

[ThatsSomeBadHatHarry]

So he's looking at life in Tortola prison! Barely seems real.

 

[Rainer]

Wait, is this story new to most people (the background, not the charges)? Rumors had certainly been flying for YEARS...

 

[LobstaMan]

The evidence regarding the damaged gear could get thrown out as the assumed crime scene was not secured and someone else could have damaged the gear. I don't see any talk of police divers going down to photograph evidence or secure the scene.

I don't see under UK law how there could be absolute reasonable doubt due to what I believe is failure to investiate properly. A none- police diver actually handled the evidence they are basing part of the case on.

I hope truth an honesty prevails.

I don't think the BVI government is going to waste time dragging this guy back to Tortola if they think that they don't have a case. Remember, most murder investigations and subsequent trials are based in large part on circumstantial evidence. Not many murderers want to get caught, so they tend not to murder someone in front of a large contingent of eyewitnesses. Therefore, most evidence tends to circumstantial as opposed to direct.

By the way, it's my understanding that the reason why the scuba gear was handled by a civilian, was due to the defendant trying to make it look like a scuba accident. He initially succeeded, so I don't believe he should be rewarded with the exclusion of this evidence of a homicide because of his duplicity.

No matter...all speculation on our parts until the motions are heard, the jury is picked, the judge sits on the bench and the evidence is heard. We will see.

One thing is for sure, though....guilty or not guilty, I would not want to be in his position right now.

LobstaMan

 

[ScubaSarus]

"By the way, it's my understanding that the reason why the scuba gear was handled by a civilian, was due to the defendant trying to make it look like a scuba accident."

I had no idea this happened. I thought as I read that diver went down afterwards and retrieved the gear an brought to the authorities attention who were not interested. I didn't read anything about the defendent having someone do this intentionally.

Why wasnt that evidence retrieved, secured, and analizyed by a forensic team right after the dive. It seems they neglected this as they thought the defendent was innocent to begin with. Any book on crime scene investigation would suggest this. An there are very stricy guidelines for this.
It was a big error on thier part as they are trying to rectify this neglection via the evidence of the cival trial (defendents actions after the dive) and thus it has holes in it for criminal prosecution of murder.


But anyway, they have enough evidence for a judge to issue a warrant and request for extraditing and thus were the issue stands. I agree I would not want to be in Dave's position guilty or not but if guilty I could not live with the guilt.

Im sure there was pressure to bring the defendent back to trial and rightly so as now the truths of the matter can prevail and society can move on. Although I'm sure the victims family will always be in pain guilty or not and the defendents reputation tarnished guilty or not.