Watson Murder Case - Issues, Statements & Sources

[K_girl]

ISSUE 30: Motive.

30.1 INSURANCE

Story: “Dead Diver’s Husband Lodges Compo Claim” Source: Dead diver&squo;s husband lodges compo claim | PerthNow

He is also seeking punitive damages "which will adequately reflect the enormity of the defendants' wrongful acts and which will effectively prevent other similar wrongful acts", which relates to the failure to disclose that the policy did not cover scuba diving accidents and the failure to pay out on the policy.
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Story: “Gabe Watson drops action, fearing self-incrimination.” Source: Gabe Watson drops action, fearing 'self-incrimination' | NEWS.com.au

Gabe Watson was suing a travel insurance company after it refused a payout on the cost of his honeymoon trip to Australia... Mr Watson, an expert diver from Hoover, Alabama, was seeking more than $US45,000 plus unspecified punitive damages and damages for mental anguish...

In court filings Mr Watson referred to the Australian investigation into his wife's death, which caused him "to reasonably apprehend that he risks self-incrimination in this case". Mr Watson's US-based lawyer, Bob Austin, yesterday confirmed the case had been dropped...
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MSNBC: After months of secret planning and negotiation with counterparts in the FBI and the Alabama police force, two senior Queensland detectives swooped on Gabe Watson's house in the town of Hoover...

A life insurance policy, reputedly worth more than $US1 million ($1.2 million) and the subject of legal action to prevent a payout, has been a key factor in the investigation, according to Cindy Thomas. The question of life insurance has been controversial since Mr Watson's lawyer publicly denied the husband stood to gain financially.

"It is a large, large sum," Mrs Thomas said yesterday.
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Source: Scuba dive panic

Mrs Phillips said Mr Watson told her he and Tina had talked a month before the wedding about changing her life insurance policy at work, and that at the time they had laughed that for an extra $10, Tina could have had a million-dollar policy.

Sonja Jordan, a former workmate of Tina's, also testified that a month prior to Tina's wedding, she had initiated a discussion about Tina having house insurance, and that Tina had said she and Gabe had `just taken a huge life insurance policy'.

Mr Thomas, an insurance management consultant for more than 30 years, confirmed that several weeks before the wedding, Tina had told him Gabe had asked her to increase her work life insurance from the basic level of $34,000 to the maximum level of five times its value, to $170,000.

Mr Thomas said he had told his daughter there was plenty of time to do that after they returned from their honeymoon, and to tell Mr Watson it had been taken care of.
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Story: “Holiday Snap Clue to Diver Death” Source: Holiday snap clue to diver death - Telegraph

When questioned by police Mr Watson denied that he had asked Tina days before their wedding to make him the beneficiary of her work insurance policy.
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Story source: Gabe Watson was Abusive says Mother in Law - Diving News

Watson did file a claim after Tina’s death, but did not collect because he was not named as a beneficiary on the policy.
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30.2 JEALOUSY

Source: Drowned bride’s family hail murder charge - TODAY: People - MSNBC.com

Another possible motive given at the inquest was jealousy. Watson, police said, had learned that his wife had had a brief affair before they were married and may have killed her out of spite.

 

[K_girl]

ISSUE 31: Examples of strange statements and behavior.
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Source: Scuba dive panic

``YOU don't understand ... I don't have any choice. My boyfriend will kill me if I don't get certified.'' American dive instructor Douglas Cleckler was shocked to hear these words from student Tina Watson after she panicked during her first underwater diving lesson.

Mr Cleckler, also an attorney and police officer, was one of five witnesses to give evidence yesterday in the inquest before local coroner David Glasgow into Tina's unexplained diving death.

"I told her she should only be doing this for herself, not for anybody else. Peer pressure has no place in scuba diving.

"I had the sense that she was being put under total pressure to be out there."
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Source: Strange behaviour

Ms Thomas said Mr Watson had called the family the day before he was due to leave Australia to tell them about the travel arrangements for Tina's body. "We were sitting around the table at Mom and Dad's house, and Dad put him on speaker phone so we could all hear," Ms Thomas said.

"Gabe laughed and told us if the Australian authorities ever wanted him back, they would have to drag him kicking and screaming.

"With all that had happened, it just didn't seem like the right statement to make _ it didn't sit well with me. "And Gabe promised he would be on the flight with Tina all the way home, but he arrived the day after."

"He said he and Tina had discussed it on the plane ride to Australia," Ms Thomas said. “But there is no way Tina would ever have discussed something like that. "When you talked about death and funerals, she would always change the subject _ she hated that topic. "She would never ever have done that and there is no one who could convince me otherwise."
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Source: Final words

Mike Ball Dive Expeditions senior operations manager Craig Stephen flew from Cairns on the day of Tina's death and spent that night with Mr Watson.

He described Mr Watson's demeanour as `calm' and `not over-emotional'.
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Source: Final words

``I'M so sorry, I never meant to hurt you. I shouldn't have kept taking you down. I'm sorry, I couldn't stop.'' These were the words Townsville police officer Sergeant Glenn Lawrence heard Gabe Watson say to his bride Tina as she lay in the morgue two days after her death in a dive accident on the Great Barrier Reef.

Townsville barrister Harvey Walters, representing Tina's parents Tom and Cindy Thomas, asked Sgt Lawrence how he would describe Mr Watson's voice while he spoke to his wife.

"I would call it cold," Sgt Lawrence said.

He said he had given Mr Watson some privacy while he viewed Tina's body by standing out of sight but had clearly heard every word. Mr Watson then approached police and said he wanted to give further information.
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Gabe lies to Tina’s father about comforting her on the other boat.

TOMMY THOMAS: He said he was holding her and calling to her while they were trying to resuscitate her.

31.1 [It is not possible to hold someone while they are being resuscitated.]


KEN SYNDER: He never went over to her. That would have been a normal male response. He would have jumped over the side of the boat and swam to his wife, just would have went to her. I mean, if you deserted her once, you wouldn't desert her again. I mean, it was just unbelievable.

TOMMY THOMAS: He didn't go over until after he knew she was dead.
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WATSON: I don’t remember if he said unconscious or no vitals but I remember he said something to the doctor about ten minutes and I remember just looking out the front window cause the front window of the boat was facing the back of her boat and I remember seeing somebody still doing CPR and at that point I turned and left you know cause at that point I didn’t know, I was just standing there talking to him and just kind of hanging out cause at the point I still thought everything was okay..

WATSON: once when I saw them doing CPR I had to turn and leave and I went back out and I, I don’t remember exactly what I did, I remember I went back down to the deck for a few minutes then went and sat you know went back outside where my room was an Paula and Ginger were both there and um you know we were just kind of standing in the hall talking ah, you know people going back an forth getting their water and stuff..
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WATSON: I just remember a few minutes later I told him I had to go see her and so they arranged that, went to see her came back um you know hung out on the boat until they decided what to do..

31.2 [Watson did not go over to the boat until he was told she had died. Then he came back, he did not accompany his wife.]
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SOURCE: Caught on film

CHILLING video footage of Gabe Watson methodically boltcutting family flowers from his wife Tina's grave was screened in a silent court yesterday as evidence continued in the coronial inquest into her unexplained diving death.

The undercover surveillance of Mr Watson was taken on November 7, 2005 by Alabama police officer Detective Sergeant Brad Flynn following ongoing reports from Tina's parents Tom and Cindy Thomas of the theft and vandalism of flowers and gifts left on the grave by family and friends.

"I observed him walk back, throw the flowers onto the street, and he departed."
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Story: “Diver haunted by his bride’s death on reef.” Source: Diver haunted by his bride's death on reef | The Courier-Mail

"As you know, my wife died today," said the rescue diver, playing cards with two others in a saloon. "This really sucks."
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WATSON: ..I was afraid they were going to come out an say stuff about her, you know saying she was an idiot or she had no idea what she was doing cause that’s, you know she did but just kind of at the tail end he said ‘we don’t feel that it’s diver related because it was near perfect diving conditions’..you know, and we may never know I don’t know but I, I just had to get that off my chest and.. cause we’re, you know, everybody been talking with us like you know like, would hate myself if I left not saying what I think I need to be said.
--
WATSON: I know I think one of you guys or both of you said you’re going to look as far as air embolism to see you know how much could have happened from bringing her up you know..

31.3 [Watson is focused on how this finding in an autopsy could potentially help him, this is not something he can testify to.]

Source: Air tank turned off: court

Professor Williams said he was very surprised by the high level of gas embolism found in Tina's system.. "I tried to find out why all the gas was there," Professor Williams said. "This case seems particularly dramatic to me in terms of the amount of gas in the system. "I believe the gas embolism was an artefact of the rescue and resuscitation attempts." Professor Williams went on to explain that he believed a possible explanation for the high gas level was a combination of three factors, including the rapid rate of ascent during the rescue, the extended attempted resuscitation time of 40 minutes, and the use of needles into her lungs as a last-ditch attempt to save her life.

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LAWRENCE: can you remember how, have you any idea how long you’d been under water at that time?

WATSON: oh if I had, if I had to guess and I mean it’s strictly a guess maybe five to seven minutes ah just cause I know when we went down, we went down slower than if you know we were at home and you know we were just going to the centre of certain death
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LAWRENCE: [phone rings] ok um ok the um oh right, forgot to turn it off

WATSON: everybody over here has songs for there rings I’ve noticed
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Source: Dive death decision | Townsville Bulletin News

Mr Watson did not appear at the inquest, claiming privilege on the grounds he might incriminate himself,
---
Mrs WATSON [Watson’s mother]: she wasn’t a sanitary person, she was somebody always on the go, always doing something, always busy

WATSON: well I’m like at work

Mrs WATSON: life of the party.. active, active, active person not like a little mousy person that’s off to the side.. she was pretty much in control of her, what she did and when she did it and who she was with and the good times we were going to have, she was not a..
---
WATSON: don’t want to be here anymore, UI

Mrs WATSON: UI that’s sweet UI

WATSON: probably have to pay

Mrs WATSON: I know but just you know
---
Source: Drowned bride’s family hail murder charge - TODAY: People - MSNBC.com

ALANDA THOMAS: “One time when we went out to eat after work, and he came, we went to a pizza place and he showed up; he was angry and glared at Tina the whole time,” Alanda Thomas said. “When our pizza came, he actually physically picked up a piece of pizza and threw it at her.”

In other interviews, she has said that when Watson gave his fiancée her engagement ring, he gave it to her in a bag, which he put on top the television, telling her she couldn’t look at the ring inside for six months.

“Did she complain about abuse or controlling behavior?” Lauer asked.

“She wouldn’t have done that,” Alanda Thomas replied. “She was more the one that makes excuses and tries to make peace with everybody.”

 

[K_girl]

ISSUE 32: POTENTIAL DEFENSE THEORIES:

SOURCE: STORY: Inquest Wants Dive Husband to be Charged. Source: Inquest wants dive husband to be charged

Mr Watson's barrister, Steve Zillman,.. argued that Ms Watson's death could have been caused by several factors, including that she vomited into her mouthpiece during a panic attack, obstructing her air supply.

Mr Zillman said his client had no motive to kill his new wife. He rejected suggestions his client would have killed her to get access to a life insurance pay-out of about $US35,000 ($A37,000) provided by her department store employer. Ms Watson's father Tommy Thomas was named as the only beneficiary to the insurance policy, he said. But Mr Thomas told the inquiry his daughter told him before the wedding Mr Watson had asked her to increase the policy to its maximum and name him as the beneficiary. Mr Watson had passed up an opportunity to take out a larger policy for himself and his wife a month before their wedding, Mr Zillman said.

[QUESTION: Or did Watson pass-up the opportunity to take-out insurance just on himself?]
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Source: Yongala dive death inquest | Townsville Bulletin News

"Other than extreme cases, it is not the way of the world that a husband would kill his bride of 11 days."

Mr Zillman went on to say if such a thing were to occur, it would involve one of three triggers: where killing occurred in the heat of passion; where the husband was so mentally deranged as to do the act for no apparent reason; and where the husband had a motive.

He said this case was not a crime of passion, that there `was not the slightest suggestion' that his client was suffering from derangement of the mind; and that there was no motive, suggested by police as being an insurance pay-out, because his client had not been the beneficiary of any money.

 

[K_girl]

ISSUE 33: Admissibility of Hearsay evidence.

There are several issues that involve hearsay evidence, such as Tina's father saying that Tina told him that Watson wanted her to up her insurance and make him the beneficiary. There are also instances of multiple witnesses to Watson's statements such as several members of the Thomas family who heard Watson on speaker phone in a telephone conversation say that Tina winked at him while she was sinking. See this particular post: http://www.scubaboard.com/forums/3691347-post691.html

Apparently, in accordance with this paragraph quoted below, hearsay evidence in penal law in Australia seems to favor the prosecution:

"55. In contrast to civil law (see below), the continental penal law of evidence is not regulated in penal matters. There are no special rules on the way evidence may be collected or what should qualify as evidence in court [20]. It is a logical consequence of the duty to search for the material truth handed over to a qualified and impartial judge. In penal matters the facts may be proven in any way, and the judge accepts any element provided it has been lawfully obtained and the accused has had an opportunity to discuss it in court. Hearsay is not as such deemed inadmissible..."

Source: E Law: Common v Continental

 

[K_girl]

ISSUE 31 (Follow-Up) STRANGE BEHAVIOR - found link to full police video of Gabe Watson removing flowers from Tina's grave.

News Videos " + sTitle + " | Townsville Bulletin Videos

 

[K_girl]

ISSUE 32: Eye Witness Dr. Stanley Stutz describes Tina struggling and fearful on her back, arms out to the side. Then, a male diver embraces her, he is on top of her, his arms underneath her armpits, Dr. Stutz thought he was trying to rescue her, but Dr. Stutz sees him let go and Tina sinks and the male diver goes to the surface. He tried to get someone else's attention and then sees the instructor make a bee-line for Tina. The instructor brought her to the surface, her eyes fixed open, vomit coming out of her mouth. Dr. Stutz felt at that point, she was dead.

Haunted memory

 

[K_girl]

ISSUE 31 - Strange Behavior (Continued)

Gabe Watson had Tina's body dug-up and moved in October 2005 and her parents could do nothing about it. Can't find any information that Gabe Watson gave a reason why he did this. The timing seemed to coincide with Tina's parents planning to be buried near Tina. Gabe Watson did not inform Tina's parents of the move, Tina's father found out through unofficial sources and managed to be present for the move. Neither Gabe nor anyone in his family were present for the move. Also, Gabe Watson has never allowed her parents to place a headstone on her grave and he also won't do it.

What is the reasoning behind these actions? One could easily speculate that Gabe Watson wants Tina to be forgotten. I honestly cannot think of any other reason.

Source: CDNN :: Grave Wars - Just Add Dirt
and http://www.timesonline.co.uk/tol/news/world/asia/article4818156.ece
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Please DO NOT POST COMMENTS OR DISCUSSION OF THESE ISSUES HERE, but continue to post your opinions to the original thread of this case at http://www.scubaboard.com/forums/accidents-incidents/234548-diver-indicted-2003-gbr-mishap.html

If you wish to post to this thread, please keep to the spirit and format of this thread which is to state the issue succinctly, statements, information that has been reported with the source in order to KEEP A CLEAN AND FAST READ ON THIS CASE.

 

[K_girl]

ISSUE 31 - Strange Behavior (Continued)

"..Watson showed friends at a wake after her funeral a macabre video with him saying: 'Smile at the camera, case you get eaten by shark or something.'

He joked that for an extra $10 his wife could have had a million dollar life insurance policy.."

Source: Dive death hubby&squo;s sick jokes | The Daily Telegraph

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Please DO NOT POST COMMENTS OR DISCUSSION OF THESE ISSUES HERE, but continue to post your opinions to the original thread of this case at http://www.scubaboard.com/forums/accidents-incidents/234548-diver-indicted-2003-gbr-mishap.html

If you wish to post to this thread, please keep to the spirit and format of this thread which is to state the issue succinctly, statements, information that has been reported with the source in order to KEEP A CLEAN AND FAST READ ON THIS CASE.

 

[K_girl]

ISSUE 18: Missing Mouthpiece (continued)

Watson hopes there is evidence to show that Tina was grabbing at him in panic, hit him with enough force to separate the mouthpiece from the regulator. The police had tested his dive computer for the battery problem and looked at his dive profiles. Surely, they would have noticed a missing mouthpiece on the regulator, but we donÃÕ have that information. In addition, if the mouthpiece was knocked off the regulator at the time of Tina's thrashing about, Gabe Watson would have found it impossible to use the regulator. He would have had to switch over quickly to his secondary and would have been at extreme risk of drowning. He never described this situation, but oddly, he reports his mouthpiece missing later.

Zip ties that hold the mouthpiece onto the regulator are extremely tight and not your typical store-bought zip tie. They are small and extremely strong. The mouthpiece itself fits very tightly over the regulator opening. I had a heck of a time getting mine off when I changed mine. I had to find some extremely small, sharp scissors to do it and it took a while to finally get it off. I can't imagine Tina having the strength to just knock it off. I don't understand why they gave Gabe's equipment back to him.

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WATSON: I know I didnÃÕ say this at the time but when I went back my mouth piece was not connected to my regulator and I had a fitted mouth piece, you know they zip tie on there but I had to UI bowl of water and put it in your mouth and it moulds to your mouth

LAWRENCE: mmm

WATSON: um cause when I was getting back um you know a day or two later I think it was after you got here wasnÃÕ it

Mrs WATSON: yeah it was UI

WATSON: and I pulled my stuff out of my bag yet, cause my stuff was in my bag wet so I pulled out rinse them out and I noticed my mouth piece was not actually on my regulator..

LAWRENCE: ok

WATSON: which again itÃÔ me speculating, it leads me to believe that she hit you know when she hit it with some force it wasnÃÕ her hitting my mask and me going ÁÂaah
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Please DO NOT POST COMMENTS OR DISCUSSION OF THESE ISSUES HERE, but continue to post your opinions to the original thread of this case at http://www.scubaboard.com/forums/accidents-incidents/234548-diver-indicted-2003-gbr-mishap.html

If you wish to post to this thread, please keep to the spirit and format of this thread which is to state the issue succinctly, statements, information that has been reported with the source in order to KEEP A CLEAN AND FAST READ ON THIS CASE.[/QUOTE]

 

[K_girl]

EXTRADITION UPDATE:

New video report from Today Show on MSNBC regarding the status of extradition:

msnbc.com Video Player

Plus new pictures and interviews. Trial has been set for Feb. 3rd, 2009 and Gabe Watson has been ordered to appear. Court cannot compel Watson to appear and if he does not appear, then a warrant will be issued and then the extradition process will begin, which could take several more months. And so justice for Tina drags on..
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Please DO NOT POST COMMENTS OR DISCUSSION OF THESE ISSUES HERE, but continue to post your opinions to the original thread of this case at http://www.scubaboard.com/forums/accidents-incidents/234548-diver-indicted-2003-gbr-mishap.html

If you wish to post to this thread, please keep to the spirit and format of this thread which is to state the issue succinctly, statements, information that has been reported with the source in order to KEEP A CLEAN AND FAST READ ON THIS CASE.