murder @ french reef??????????

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I'm not going to judge the guy either way... but I guess a guy finding his lover floating lifeless could do damage to the front of the neck while getting her to the boat I guess, if he was panicing and didn't really know what he was doing, and towed her with head braced against him, with his hand on her neck and towing her that way... aww who am I kidding, he's probably guilty.

The suit against the dive op is way off base though.
 
I'm not going to judge the guy either way... but I guess a guy finding his lover floating lifeless could do damage to the front of the neck while getting her to the boat I guess, if he was panicing and didn't really know what he was doing, and towed her with head braced against him, with his hand on her neck and towing her that way... aww who am I kidding, he's probably guilty.

The suit against the dive op is way off base though.
Didn't they used to teach that in basic water saving decades ago? Sounds hard to do both in scuba gear tho; tank valve would be an easier reach. I practice pool saving on my granddaughter the other day, pulling her by her hair - no pain. Some don't have enough to grab tho; my home bud's been bald since high school.
 
This article was in the keys paper a couple weeks ago. Sounds like he had anger issues prior to their trip.Suspicious dive death remains a mystery | KeysNews.com
The primary purpose of this forum is to learn so with regard to this quote...
he and Page had surfaced from their second dive that day about 100 yards from the dive boat, but hadn't been able to reach the vessel against the rough seas. When he lost track of Page, and then realized she was floating on her back, he tried to save her
When getting back to the boat is challenging, inflate your BC, pop your safety sausage, flash your mirror, drop weights if needed, blow whistle, and wait!

Now this is puzzling...
Smith's investigative notes show that upon removing Page from the FWC boat in which she was placed after being recovered, he noticed the valve on her dive tank was closed. Both FWC Officer Scott LaRosa and Pirates Island Divers mate Dan Goldsmith, the two men who pulled Page out of the water, told Smith they did not close the valve, Smith's investigative report says, leaving the detective with another loose end in the case.

"It's a mystery," Smith says of the closed valve. "But it's a minor issue."
Huh? Do they think that maybe they did close it out of habit but forgot? Well, a murderer who closed a valve to kill should be bright enough to reopen it.

I had hell getting that page up so quoting it here...
Suspicious dive death remains a mystery

KEY LARGO -- Joanne Page was 51, a mother of two and manager of a Jackson Hewitt accounting firm branch in North Carolina on Oct. 30, 2008, when she joined boyfriend Eugene Jackson on a dive excursion to French Reef off of Key Largo.

The trip would turn out to be fatal.

According to Monroe County Sheriff's Office reports, the sea was rough that day, and as the vessel Sea Star, out of Pirate Island Divers, prepared to return to shore after a dive, the crew noticed the Page and Jackson were missing.

When a Florida Fish and Wildlife officer located the duo several minutes later, Jackson was alright. But Page was already dead. Jackson would later tell investigators that as he struggled through six-foot swells to get back to the boat, he turned around to see Page floating on her back, records show. He attempted mouth-to-mouth resuscitation, but was unable to revive his girlfriend of four years.

On its surface, Page's death didn't seem particularly unusual. Sixteen divers have perished in the Keys since that late October day.

But a suspicious autopsy would lead to a 10-month investigation centered on Jackson. Now, 18 months after Page's death, though authorities have called off the investigation without pressing any charges, they still say questions remain as to what happened to Page, and whether she was murdered.

Strangulation death?

Monroe County Medical Examiner Hunt Scheuerman, M.D., had been on the job just a couple of months when Page's body was brought to his Marathon office. And while he had done scuba-related autopsies by that time, his experience was limited.

So when his autopsy revealed that Page had neck cartilage fractures and a series of small bruises to the muscles of the front part of her neck -- injuries that would suggest strangulation, he said -- he responded cautiously.

Scheuerman turned to Capt. James Caruso, the U.S. Navy's point man for diving-relating autopsies. He asked Caruso to review his report and to opine on whether there could have been a dive-related explanation for Page's injuries -- a rough rescue from the sea, for example. In a Dec. 30, 2008 e-mail, Caruso gave his response.

"I have reviewed probably close to 2,000 scuba-related deaths at this point," he wrote. "For those that went to autopsy the neck is usually unremarkable. Occasionally a rough rescue may result in some minor injuries, but I would have to say that what you describe is more than I have seen personally in my case reviews."

The Navy examiner's answer aside, in January of last year Scheuerman ruled the cause of Page's death as "undetermined."

"I have done scuba but I haven't done that much," Scheuerman said in a recent interview. "It is just a matter of being cautious. If I call it a homicide, then they're stuck with an open homicide."

The determination would be critical. Assistant State Attorney Colleen Dunne says when she decided not to file charges against Jackson last September, the official autopsy finding was a major factor.

But Scheuerman still says he harbors strong suspicions about what actually happened to Page.

"Had this person been on dry land, I unequivocally would have said this was strangulation," he told the Free Press.

A lone suspect

Since Page and Jackson were alone at the time of her death, the then-58-year-old Jackson became the sole target of a Sheriff's Office investigation, which until now has never received public attention.

Sheriff's Detective Terry Smith, the lead investigator on the case, interviewed Jackson in the immediate aftermath of the death, before the autopsy had given reason for suspicion, and says he was the first person to confirm to Jackson that his lover had died. Jackson's reaction, he says, was appropriate.

"He looked like I had just kicked him in the stomach when I told him she was deceased," Smith said.

The next day, with the autopsy complete, Detective Mark Coleman called Jackson for more questioning, reports show. With the video camera running at the Roth Building on Plantation Key, the North Carolina man told Coleman of how he and Page had surfaced from their second dive that day about 100 yards from the dive boat, but hadn't been able to reach the vessel against the rough seas. When he lost track of Page, and then realized she was floating on her back, he tried to save her, he reportedly told Coleman.

Smith says that like his own discussion with Jackson the previous day, Jackson's demeanor gave no cause for concern during the Coleman interview.

"Everything seemed appropriate," he said, having viewed the tape.

But aside from the autopsy finding, there were other issues that gave investigators reason for pause.

For one thing, Smith's investigative notes show that upon removing Page from the FWC boat in which she was placed after being recovered, he noticed the valve on her dive tank was closed. Both FWC Officer Scott LaRosa and Pirates Island Divers mate Dan Goldsmith, the two men who pulled Page out of the water, told Smith they did not close the valve, Smith's investigative report says, leaving the detective with another loose end in the case.

"It's a mystery," Smith says of the closed valve. "But it's a minor issue."

Then there's the allegation of domestic abuse. During his investigation, Smith spoke on several occasions with Debby Melton, Page's younger sister.

In an interview last week, Melton, a high school teacher in North Carolina, reiterated what she says she told Smith: That Jackson had gotten physical with Page just a couple of months before their trip to Key Largo, leaving her with a black eye.

"He had abused her. He had hit her," Melton said.

That allegation aside, law enforcement back in Jackson's home town of Salisbury, N.C. told Smith there was no official record of any domestic violence, or violence-related calls, concerning Jackson and Page. When the Sheriff's Office asked police there to conduct one final interview of Jackson, this time in conjunction with a voice stress analysis, he turned them down.

"He indicated that he would not participate in any further investigation concerning the death of Ms. Page and any further contact between him and law enforcement would be directed to his attorney," the MCSO report says.

Jackson also declined to comment for this story, citing advice from his attorney.

With their subject having gone quiet, Smith turned the case over to the Monroe County State Attorney's Office last September. The office declined to file charges.

"After reviewing the investigative reports, and more specifically the medical examiner's report, which concluded that the cause and manner of death was undetermined, there was no evidence to indicate that a crime had occurred," Assistant State Attorney Dunne explained in an e-mail to the Free Press last week.

Melton says such reasoning is far from satisfying.

"Even though I am not a medical person, the minute that I read the autopsy I could tell just from the information I was reading that it was not a death caused by drowning or a natural death," she said. "There were too many odd parts in the autopsy."

Medical Examiner Scheuerman's statement that he would have ruled Page's death a homicide had it been on land also has Melton asking questions.

"I cannot understand why it would be murder on land but not murder on the water," she said.

Smith, meanwhile, says he simply isn't sure whether Jackson was responsible for Page's mysterious death.

"He did not exhibit any indications when I interviewed him," the detective said last week. "By the same token, when you look back at the physical evidence, the injuries cannot be explained. I do not know what other explanation there could be other than something happened when him and her were together."

rsilk@keysnews.com
 
Now this is puzzling...
Smith's investigative notes show that upon removing Page from the FWC boat in which she was placed after being recovered, he noticed the valve on her dive tank was closed. Both FWC Officer Scott LaRosa and Pirates Island Divers mate Dan Goldsmith, the two men who pulled Page out of the water, told Smith they did not close the valve, Smith's investigative report says, leaving the detective with another loose end in the case.

"It's a mystery," Smith says of the closed valve. "But it's a minor issue."
Huh? Do they think that maybe they did close it out of habit but forgot? Well, a murderer who closed a valve to kill should be bright enough to reopen it.

Not sure how familiar you are with the guys at this particular dive operation (for accuracy's sake, this incident occurred at It's a Dive and not Pirate's Island which only recently bought out IAD). These guys are well-trained and extremely disciplined in their responses to emergency situations especially considering the now-former IAD owner and man responsible for training most of those guys and holding them to his standards worked for almost 3 decades as a police officer in a major US city. They're not in the habit of closing tank valves on equipment that in their minds is now part of an accident investigation at best and criminal investigation at worst- something they are predisposed to assume anyway given their training and circumstances.

This woman's gear was not brought aboard the Sea Star until emergency personnel had responded; it was tied to the boat and left in the water and untouched in any other regard. If anything, their "habit" is to leave everything as is. This isn't like a diver walked up a ladder, sat down, took her gear off and everything was typical for a normal dive.

The erudite presumption here would be that the alleged perpetrator probably saw this as an opportunity to finalize his pattern of violence against the victim and did what he did, with or without much planning. It's not like you're talking about the smartest criminal in the world; most aren't. In this case, the lack of compelling criminal evidence is due more to simple, dumb luck than the result of a criminal mastermind.

It's not unreasonable to assume that in the moments after strangling someone in a "crime of passion" and shutting off a tank valve, a perpetrator might be charged up on adrenaline and not exactly following a checklist. It is more reasonable to visualize that as the circumstances than to suspect a trained crew would commit such an error which would be counter to their experience and discipline.
 
I don't know the dive operation at all. I used to go to the Keys once or twice a year, but all I expected of a dive boat was full tanks, weights, the trip & briefing, and look for me if I don't come back. It reads to me that the Game Wardens pulled her out of the water, then noticed her tank off - which seems very odd, but why do they call it a minor point?
 
When these liability cases come up the lawyers sue everyone remotely involved, along with the family cat or dog, hoping to find someone with deep pockets who a brainless, moronic jury might find liable. Case dismissed. Hopefully the dive operator had enough brains to carry sufficient liability insurance to cover the legal procedings.

Ok that can be accurate, but remember that more than 90% of negligence/liability cases are settled out of court. Not all attorneys are bad, infact most are just looking to serve their clients the best that they can within the bounds of the law. It is also more than just a Jury finding them liable, all of the elements of negligence must be met to even have a case.

Duty - Did the dive operator have a duty of care to the divers, and what was that duty. This is where those waivers come into play, and though they are not bulletproof, they hold up pretty good. Yes, there was a Duty of Care on the part of the Operator.

Breach of Duty - Did the Dive Operator breach that duty of care? This is the part that gets tricky. Because not every possible scenario that could come up falls under the duty of care owed by the Dive Op. If the person had a personal gear failure, that is clearly not the DiveOps responsibility.

Cause - If, and I emphasize IF there was a Breach of Duty, was it this Breach that Caused the damages/loss? Just as an example, and its late so bear with me on this... If the DiveOp provided the tanks, and only the tanks used for the dives, and the one of the tanks on the boat was found to have bad air, but the tank used for the dive was clean, and the diver died as the result of a faulty regulator, there is no cause. The bad air is a breach of duty, but it is not the cause of the damage and as a result has no bearing.

Damages - The Damages are clear in this case, and there is no need to even go into that part.


I know it's second nature to think that all lawyers are dirty dogs, but keep in mind that this attorney is likely acting in his/her clients best interest based on the information provided thus far, even if that information is false information provided by the client.

Just my $.02...I am not an attorney, and I don't even play one on TV! :D
 
Ok that can be accurate, but remember that more than 90% of negligence/liability cases are settled out of court.
Your post is right on, everyone deserves a day in court and to expect their lawyers to serve their interests - not play judge and jury themselves. That part there is the problem tho. If that was not allowed once the suit is filed, we'd see a better system - I think.
 

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