Watson Murder Case - Discussion

[myscubastory.com]

have you got a link to the threads please? cheers

 

[Tortuga68]

No, but if you type "Gabe Watson" into the search bar at the top of the page, you will find at least half a dozen threads about the incident and trial/s as well as a bunch of spin-offs - largely full of worthless speculation, inuendo, second-guessing, table thumping and armchair quarterbacking

Good luck

 

[Steve50]

wanna get away?

 

[DandyDon]

He did 18 months in prison there, was extradited to the US only after the prosecutors in Alabama guaranteed he would not face a death penalty, escorted by four Australian officials to LA, transferred to Alabama where he was released on bail. He probly will not be prosecuted really. See http://www.scubaboard.com/forums/sc...on-murder-case-discussion-24.html#post5745275

 

[Ayisha]

Petunia, I think the reason(s) that double jeopardy does not apply in this case is because he was never tried or convicted on the charge of murder of any kind; and the conviction he did have was outside of the U.S.; and apparently the U.S. can try one of it's citizens for a crime against another of it's citizens. I am of course not a lawyer but that seems to be the jist of it.

Alabama had to show that the crime originated in Alabama to have jurisdiction to try Watson. Another state, let's say Florida (our 11th province, ya know), could not claim jurisdiction to try Watson unless they can show that the crime originated there, so it can't just be any state that can try him.

 

[ItsBruce]

It would seem that to claim jurisdiction, Alabama would need to show planning in Alabama. However, the insurance angle does not seem to be a part of it. What Tina's father has to say is probably not admissible. And, just because there may be evidence to support a motive, that does not support intent.

 

[sydney-diver]

Petunia, I think the reason(s) that double jeopardy does not apply in this case is because he was never tried or convicted on the charge of murder of any kind; and the conviction he did have was outside of the U.S.; and apparently the U.S. can try one of it's citizens for a crime against another of it's citizens. I am of course not a lawyer but that seems to be the jist of it.

He did plea to the lesser charge of manslaughter though. If pleading guilty to a lesser charge means you can then still be tried and convicted on the more serious charge after serving time for the lesser one would surely mean no sane defence laywer should ever recomend their client take a plea? Under the same logic he could have been charged of murder in QLD on release from prison?

Interestingly, according to wikipedia the International Covenant on Civil and Political rights does cover double jeopardy and it would appear both the US and Australia have signed and ratified.

Double jeopardy - Wikipedia, the free encyclopedia
International Covenant on Civil and Political Rights - Wikipedia, the free encyclopedia

The 72 signatories and 166 parties to the International Covenant on Civil and Political Rights recognise this rule, under Article 14 (7): No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

I'd be interested to know if this is in fact the case, and if so how is Alabama circumventing this protection (they could very well be arguing that he was never convited of murder having taken a plea to avoid being convicted of the same - particularly if as it now appears some of the evidence the QLD police put forward was in fact questionable)

 

[NoDiver]

I personally don't think the insurance angle is all that important. And, if it is, it probably hurts the prosecution more than Watson. As far as Watson seeking to collect on the insurance, that would be a normal thing to do if one's spouse dies, whether of old age or an accident. As far as Watson asking Tina to change her insurance, assuming that comes into evidence, that is not particularly odd given the upcoming wedding. (That may be tempered by what Watson himself may have done in anticipation of the wedding.) OTOH, if it does not come into evidence, the jury may wonder about it and figure that there is a problem with the prosecution's evidence.

And, now for a minor digression since I have all these great minds looking at the Watson case: If, in a court ruling, the court says: "A reasonable layperson reading the policy would believe it covered a claim," does that mean that it was unreasonable to believe it did not cover the claim?

What else, besides the insurance, would the prosecution have as a motive and therefore, evidence that the crime was planned in Alabama. I would have thought the insurance angle was crucial, no?

 

[bowlofpetunias]

What else, besides the insurance, would the prosecution have as a motive and therefore, evidence that the crime was planned in Alabama. I would have thought the insurance angle was crucial, no?

That was the impression I had too but I guess "pressuring her into taking her dive course" and planning/booking the trip to the Yongala may be seen as part of the plan Without some motive.. ie the plan for some gain... I would think it would be hard to "sell" the concept of the plan. Just seems strange to me... these things had to be done before the wedding... so why kill her? Why not just leave her standing at the alter/call off the wedding if he was upset about the supposed meeting with an exboyfriend? That would be pretty demeaning for revenge and a whole lot less risky.

 

[ItsBruce]

I look forward to the trial. I want to hear the arguments on double jeopardy given that Watson has already served time. I want to hear the arguments on whether his plea will be admissible against him and if so whether the court will allow evidence as to why he pled to it. I want to hear the argument on the admissibility of evidence on the insurance issue. I want to hear argument on Alabama's jurisdiction. And, I want to hear what the actual admissible evidence is.

I am hoping that Watson's family or some reporter will be good enough to take notes and post them here.