Sorry if I'm beating a dead horse, but take another look at paragraphs 45 and 46 of the coroner's report. That there was a possibility of unconsciousness following a Laryngospasm or of panic and that "none of the four explanations can ever be capable of detection in an autopsy examination" leaves me wondering how anyone could be sure of guilt "beyond a reasonable doubt." While Dr. Griffith rejected unconsciousness following a Laryngospasm or panic as actual causes of death, the report does not say why he rejected those.
The entire attempt at a new trial in Alabama is deceased equine flagellation.
From a legal standpoint, there are certainly numerous scenarios which create reasonable doubt!
From a logical, experienced diver standpoint, there seems to be a bad chain of events that led up to a tragic accident, causing an unexplained death.
1.It is very debatable as to whether Tina showed enough competence to be OW certified.
2.It is debatable as to whether Gabe was competent or not. How recently had he been diving? How many hours in actual open water? Was he prepared to be a buddy with someone who needed to lean on him in a big way, to just get through the dive?
3.Both Watsons appear to have been extremely overweighted.
4.Equipment problems and lack of preparation prevented them from diving with the group and with a DM or Instructor.
5.Having refused the checkout dive, a drift dive over a wreck lying in 30 meters of water as the 1st dive of the trip, would seem to be pushing an AOW diver's limits, let alone a brand new diver like Tina..who had panicked throughout her OW class in 20 feet of water.
6.When was the last time Gabe practiced mask removal and replacement or regulator recovery. By the time he got everything together, she probably was too far away for him to respond. If he was close to panic or actually panicking, he likely wouldn't even have clear recall of the events. Add the sadness and guilt that he was feeling to his innate need for self preservation and the result is a confused young man. He doesn't appear to be a rocket scientist to start with, either.
His story, his actions, his dive profile, his actions at the cemetary...these things are all explainable. Maybe Gabe was checking to see if her air was turned on when witness saw him bear-hug her, because she was incapable of inflating her BCD. Maybe he was just trying to hold her up.
Any of these things create reasonable doubt that she was murdered?
The question is what exactly killed Tina?
Overexertion, overbreathing the reg, passive panic, scared to death? Now that I have read much of the ridiculous amount of material out there..I have to retract my initial post, I don't think that her cause of death was premeditated murder by valve manipulation. Gross negligence, yes. Murder no.
