Swain Case Reference Materials - No Comments

[K_girl]

Purpose of thread is to post reference materials in the Swain case including newspaper articles, videos, graphics, transcripts, etc. If you wish to post, please do but - No comments please.

Let's start with a link to the NBC Dateline story, The Trouble at Twin Wrecks:

The Trouble At Twin Wrecks - Crime reports- msnbc.com

If you wish to post comments regarding this case, please do so at:

http://www.scubaboard.com/forums/non-diving-related-stuff/309840-diver-convicted-wifes-drowning.html

 

[K_girl]

Shelley's dive logs (defense points to panic in the logs):

Read diving logs Shelley Tyre wrote - Crime reports- msnbc.com

Divers discuss TMJ (prosecution's explanation for Shelley's panic) and diving:

TMJ & Scuba - Any Solutions? - Scuba Forum - Scuba Diving Forums and Discussion Board

DAN discussion on anxiety and panic:

http://www.diversalertnetwork.org/medical/articles/article.asp?articleid=38

In a local TV interview David made the following statement (shown in the Dateline report):

"There aren't many, but there are some situations where some people in whatever it is they do, they just perish. It's not right, but it happens."

 

[K_girl]

Sentencing of David Swain in the criminal trial by the Eastern Carribean Supreme Court:

http://www.eccourts.org/judgments/decisions/2009/QueenvDavidSwain.pdf

Also attached as a text file to this post.

 

[K_girl]

Swain deposition quotes from civil trial taken from NBC Dateline show.

Plaintiff attorney regarding dive plan: What was that?

Swain: that we'd stick together getting down to where it was we wanted to go and then after that she'd go off and do her reef fish survey count and I'd go off and take pictures.

Plaintiff attorney: On the fatal dive, who entered the water first you or Shelley?

Swain: I don't know.

NBC Reporter: David Swain says he and Shelley made their way together over the reef across the open sand to the Twin Wrecks dive site.

Swain: I have a vague memory of swimming around it slowly and poking into the openings here and there.

Plaintiff Attorney: Did you swim all the way around the wrecks?

Swain: Probably. I don't recall for sure, but probably.

Plaintiff Attorney: How much time did you spend at the wrecks?

Swain: Not long. Certainly less than ten minutes, but probably more than five.

Plaintiff Attorney: And after your five-to-ten minutes at the wrecks, what did you do?

Swain: Meandered over towards the reef area to see if there was something there to see.

NBC Reporter: And Swain says that's when he got separated from Shelley.

Swain: I have a vague recollection of circumnavigating the wrecks, poking around the wrecks, and seeing Shelley still interested in looking at something around there and that's the last time I saw her as I swam off towards the reef.

Plaintiff Attorney: Have you thought about that last view you had of Shelley?

Swain: Considerable.

Plaintiff Attorney: Tell me what you recall seeing.

Swain: A gal in her environment, contented to be there, just normal as ever.

NBC Reporter: But somehow at some point what should have been a placid dive, something went horribly amiss. David Swain says he surfaced from his dive alone.

Plaintiff attorney: Did you ask about Shelley?

Swain: I probably did. Has anyone seen Shelley yet? And they probably said, no, not yet.

NBC Reporter: No one thought much about it at the time. Then Christian Thwaites started his dive.

*****
Plaintiff Attorney: When Christian came to the surface, what did he say?

Swain: I think he used the word "emergency."

Plaintiff Attorney: And you did what?

Swain: Got into the dinghy and motored over to where he was.

Plaintiff Attorney: And then you were able to observe what about Shelley as you got even closer?

Swain: That she was in some kind of trouble.

NBC Reporter: Christian and David said they both attempted CPR, but Shelley's lifeless body gave no response. David said "she's gone." At that point, the two men wept.

Plaintiff Attorney: When you got Shelley's body to boat, you already thought she was dead.

Swain: Yes.

 

[K_girl]

MASK - Here is the quote from the Dateline report:

NBC Reporter: ..so the key to what did happen to Shelley Tyre, the prosecution said was her diving gear, how it was damaged. Her snorkle, missing its mouthpiece. The strap to her mask, broken. The pin that held the strap in place, gone. That kind of damage rarely happens in the world of scuba experts said and only when great force is applied to the equipment.

Prosecutor: They have never ever seen this strap broken like this before during a dive. Never, ever. What this shows is, a continued struggle with a human being.

Here are images of her mask and snorkle. Source: captured from Dateline story.

This image shows that the mouthpiece was missing from the snorkel, attached with numerous threads.

Mask strap is missing from this side of the mask.

Mask pins are missing. Appears to be no pre-cracking or aging to the mask to explain the missing pins.

Detached mask strap, missing pins and detached snorkel and detached snorkel mouthpiece, all on same side of the mask.

 

[K_girl]

Shelley was found partially between the two wrecks. Thwaites testified he saw the fin sticking in the sand first and then saw Shelley, so it would not appear that she was completely hidden between the two wrecks.

Source: Captured from Dateline program.

 

[K_girl]

Captured images of Shelley's autopsy report from Dateline program.

.."As evidence of trauma we observe:

1. Various contusions of the right upper thigh measuring 5/8 of an an inch in greatest dimension.

2. Purple/green contusion of the left mid lateral thigh measuring 4" in greatest dimension.

3. Reddish contusion of the left upper leg measuring 1-1/2" in greatest dimension."

4. Several brownish contusions of the right knee and to the right measuring up to 1cm in greatest dimension.

"..Bluish contusion over the dorsal right foot..

Multiple small abrasions on the dorsal left ha[nd].. measuring ** of an inch in greatest dimension.."

 

[K_girl]

Swain cross examination, part 1.

Source: http://static.mgnetwork.com/jar/medi...in_cross_1.mp3

Prosecutor: .. is that you attacked Shelley under the water and struggled. You held onto her mask and she was struggling with you for the mask, having held her mouthpiece and the strap and mouthpiece detached and the strap got broken.

Swain: No.

Prosecutor: And when you were speaking to the police, you had a slip of the tongue. And it is why you mentioned to the police that you were not sure if her face mask and mouthpiece was still on because you knew that in a struggle, the snorkel mouthpiece was detached.

Swain: No. I don’t know any of this. That didn’t happen.

Prosecutor: But where.. you have not answered me. But at that time, the snorkel without the mouthpiece was at the bottom of the sea. Later retrieved by Mr. Brown. Don’t you agree? ..Pause.. Christian didn’t bring it up.

Swain: I presume Mr. Brown brought it up, yes.

Prosecutor: Christian didn’t bring it up.

Swain: He did not report bringing it up.

Prosecutor: So the only way you knew that the mouthpiece wasn’t on the snorkel was because you were involved in it being detached from the snorkel.

Swain: No.

Prosecutor: That’s why you mentioned it there.

Swain: No.

 

[K_girl]

Swain Cross Examination Part 2.

Source: http://static.mgnetwork.com/jar/medi...in_cross_2.mp3

Prosecutor: You held her and struggled with her.

Swain: I did not.

Prosecutor: This whole fin came off and became impaled in the sand.

Swain: That is an impossibility.

Prosecutor: This whole mask strap broken.

Swain: I have no idea how her mask strap got broken.

Prosecutor: That’s how her snorkel mouthpiece became detached.

Swain: I had no idea where the mouthpiece is and how it became detached.

Prosecutor: Then, you held her down.

Swain: No. You are wrong.

Prosecutor: And you struggle, her slate is lost.

Swain: I have no idea what happened to her slate.

Prosecutor: You held her down!

Swain: I did not!

Prosecutor: While she was.. she became unconscious.

Swain: I did not.

Prosecutor: You brought her to this point between the wrecks.

Swain: I did not.

Prosecutor: And this was within 8 minutes of the dive.

Swain: It was not. I did not. You are making false accusations.

Prosecutor: Then you swam around the reef here.

Swain: No.

Prosecutor: To make sure there was enough time for her to have no chance of recovery.

Swain: No, no. More false accusations. You are wrong.

Prosecutor: Then, you went to the surface and you left her body there for Christian to discover.

Swain. No. No, no.

Prosecutor: And then Christian discovered it, you made sure that even if she had a little chance, she would have no chance anymore of recovery by doing no proper, continuous CPR.

Swain: All falsehoods. All falsehoods. All accusations. All wrong.

Prosecutor: And then, you tried to cover-up what you did. You’re asking Mr. Brown to get rid of the gear.

Swain: Wrong.

Prosecutor: Because you knew that the gear told a story. The gear told a story of struggle.

Swain: No.

Prosecutor: And you wanted to get rid of it.

Swain: I didn’t know any of these things.

Prosecutor: But thankfully, Mr. Brown is a man who followed protocol and kept the gear. And then, you returned to Rhode Island to court Mary and to collect the money.

Swain: No.

Prosecutor: Because you knew that if you divorced, you wouldn’t enjoy the life you were enjoying anymore.

Swain: All falsehoods.

Prosecutor: And Mary, you look at her with the desire of a woman, both in face and for your own pocketbook.

Swain: No. You’re wrong.

Prosecutor: It’s just you. You are the one responsible for the death of your wife.

Swain: And your suggestion is totally, absolutely wrong.

 

[K_girl]

Swain: Direct Testimony

Source: http://static.mgnetwork.com/jar/medi..._testimony.mp3

Defense: Mr. Swain. When you went on the dive with Shelley Tyre on that 12th of March, 1999, did you kill Shelley Tyre?

Swain: I did not, could not, would not dream of taking the rock of my life out of the world. That is just.. I just.. No I did not.

Defense: Did you put Shelley Tyre.. did you come from behind her and put her in the control position and turn her air off?

Swain: No.. I.. no.

Defense: Did you rip off or drag off or take off or remove the mask?

Swain: No. No, I didn’t do any of these things.

Defense: Did you remove her fin?

Swain: No.

Defense: Did you remove her snorkel?

Swain: No. No, I didn’t do any of these things.

Defense: Did you in any way, during the course of that dive on the 12th of March, 1999, did you in any way deprive Shelley Tyre of air?

Swain: The last thing in the world is I would deprive Shelley of anything. I certainly didn’t deprive her of air.

Defense: You were sued, Mr. Swain, in a civil court in Rhode Island in relation to your wife’s death?

Swain: Yes.

Defense: To what extent did you participate in those proceedings?

Swain: I didn’t.. (cut-off).