Watson Murder Case - Discussion

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Hate to be pedantic (especially since you're just quoting the headline CNN botched), but the case was not dismissed. At least not in the usual sense people associate with "dismissed", meaning to stop the trial without deciding guilt. Watson was acquitted. This means he cannot be charged with this (criminally) again.

I'm no lawyer, but I'm going to guess it will make any wrongful death suit that much harder to win as well.
 
The reason people are posting "dismissed" is from the news media stated that...

sadly, the news media here never let the real facts get in the way of a good story/headline.

Yup, as I said, the poster was just quoting CNN who botched it.

Interesting comment by the lead prosecutor about what some of the jury has said to the press.
Gabe Watson murder trial thrown out - Yahoo!7

I wouldn't actually be surprised if that was the case (prosecutor claims "I've just contacted some of the jurors - they have already spoken to the press here and said that if they had had to vote on this case, he would not be leaving the court house.") That's one of the reasons we have judges who have the ability to bypass them. A jury can't make a legitimate decision when the lawyers don't play by the rules. It's pretty easy to whip a crowd of people into an angry mob and say "to hell with EVIDENCE! C'mon, you and I know he's guilty! Get him!". The judge is there to avoid that kind of incompetence/malevolence.
 
I wouldn't actually be surprised if that was the case (prosecutor claims "I've just contacted some of the jurors - they have already spoken to the press here and said that if they had had to vote on this case, he would not be leaving the court house.") That's one of the reasons we have judges who have the ability to bypass them. A jury can't make a legitimate decision when the lawyers don't play by the rules. It's pretty easy to whip a crowd of people into an angry mob and say "to hell with EVIDENCE! C'mon, you and I know he's guilty! Get him!". The judge is there to avoid that kind of incompetence/malevolence.

the prosecutor in question, Don Valeska, is known for saying "the hell with evidence".

He's had verdicts thrown out because of "evidence indiscretions" and other issues like that, and been removed from prosecution on cases because of that.


If you have a dirty case and need it 'won dirty' in the state, he's who they turn to.
 
As a person heavily involved in this matter the past couple of years, and with full access to ALL the evidence, and having sat through a lot of the evidence in the court and been giving advice on diving related matters to the defence, I have a lot of comments to make about this case. When I get time I will log a more detailed response. I will also comment on the false information still being posted on here that is contrary to the evidence given before the trial and at the trial.

The simple facts are:
1 Tina should never have been allowed to dive the Yongala.
2 Gabe should never have been allowed to dive without supervision as he also did not qualify to dive unsupervised according to Mike Ball Expeditions own rules (which have to be abided by under Queensland law).
3 The Queensland Police investigation was disgustingly bad.
4 Tina panicked and then Gabe panicked and he made the wrong decision to try to get help.

Hopefully Tommy, Cindy and Alanda Thomas can accept this verdict and try to get on with their own lives without still looking at Gabe as the person responsible for Tina's death.

Please note: the case was not dismissed, rather the judge ACQUITTED Gabe. A big difference.[/

I think you make good points, but there are just so many things that don't add up. You're certainly right about one thing though, Tina shouldn't have been on that dive!

Considering this story, I would have to say there is such a thing as a bad dive (see your signature)!

Thank you for sharing your thoughts.
 
With the judge ridiculing the insurance angle and blocking Tina's dad from testifying, it looks like a tail spin.

I guess we'll see Tommy Thomas on TV shows talking about justice was not allowed.

Seems to me that this trial was more about getting an upper hand in the ongoing feud with the Watson's than seeking justice for Tina. By putting his foot down the judge prevented this from becoming a farcical trial and another media circus.
 
I doubt that Valeska could have spoken to the jurors. I saw him leave court. I saw the jurors leave court. They went via different directions. I saw the jurors leave the courthouse. Hard to see when he could have spoken to them. None of the jurors spoke to media waiting outside as they left.
 

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