BREAKING NEWS: David Swain Wins Appeal Against Murder Conviction

[SadiesMom]

Got off on a technicality? LOL - let's see. The "technicality" on which the conviction was overturned was essentially that the trial judge told the jury "You've heard the prosecution's case, you've heard the defense's case. The defense's case has no place in this trial. Now go ignore it and find him guilty. You have 4 hours. Go."

I don''t think that anyone could possibly defend that as a "fair trial" in any case, whether you think he's guilty or not.

[Rhone Man]

I genuinely don't have an axe to grind in the David Swain case, but a couple of my friends were first responders on site, and they personally were always convinced of his guilt (one of them gave evidence at the trial).

It is what it is. If there isn't sufficient evidence, the man should go free.

[ScubaQTX]

I'm not sure what the legal standard is in the BVIs, but, speaking as an attorney, I don't think that an entity that would revisit an murder issue based on a wrongful death verdict (negligence), demonstrates a well-oiled legal machine down there in the BVIs. That can't be what happened, is all that comes to mind. I know that people don't like "technicality" reversals, but here is a universal truth. The prosecution should to make a air tight case when a man is on trial for his life. It's not like we can actually leave it up to public opinion to judge guilt innocence (see "yeah right" comment).

[AfterDark]

I genuinely don't have an axe to grind in the David Swain case, but a couple of my friends were first responders on site, and they personally were always convinced of his guilt (one of them gave evidence at the trial).

It is what it is. If there isn't sufficient evidence, the man should go free.

Rhone Man, Thank you for your objectivity in this matter. Unlike some that claim to be attorneys that posted on this wearing their bias like a badge. Judging by your posting concerning this case, which is all I have as we've never met you, you are a credit to your profession.

[DandyDon]

I genuinely don't have an axe to grind in the David Swain case, but a couple of my friends were first responders on site, and they personally were always convinced of his guilt (one of them gave evidence at the trial).

It is what it is. If there isn't sufficient evidence, the man should go free.

Interesting, but hardly conclusive. He might be guilty, but they just did not have the case - and the BVI court did sound like a kangaroo court.

I'm not sure what the legal standard is in the BVIs, but, speaking as an attorney, I don't think that an entity that would revisit an murder issue based on a wrongful death verdict (negligence), demonstrates a well-oiled legal machine down there in the BVIs. That can't be what happened, is all that comes to mind. I know that people don't like "technicality" reversals, but here is a universal truth. The prosecution should to make a air tight case when a man is on trial for his life. It's not like we can actually leave it up to public opinion to judge guilt innocence (see "yeah right" comment).

He doesn't sound like an admirable person to me, but there just was not a conclusive case. It did put buddy & spouse diving in a new light tho.

[John Petko]

I'm not sure what the legal standard is in the BVIs, but, speaking as an attorney, I don't think that an entity that would revisit an murder issue based on a wrongful death verdict (negligence), demonstrates a well-oiled legal machine down there in the BVIs. That can't be what happened, is all that comes to mind. I know that people don't like "technicality" reversals, but here is a universal truth. The prosecution should to make a air tight case when a man is on trial for his life. It's not like we can actually leave it up to public opinion to judge guilt innocence (see "yeah right" comment).

That's funny coming from a lawyer... You guys are the ones that have screwed up law with all the BS "technicalities" I personally like "what do you call a lawyer dead at the bottom of the ocean?....A good Start!" I guess it depends what the definition of "is" is right? Is That the kind of law you advocate? When it's all said and done it's still BS! If you have enough money some "slick tongued" lawyer will find your loophole!

[Thalassamania]

There is little doubt in my mind, both from what I observed during the trial and what I knew of Swain during all the years that he had the shop on Jamestown, that he was guilty as sin. There is also no doubt that the BVI authorities screwed up badly, and so needlessly, he'd have been convicted anyway. But we operate under the concept that it is better for nine guilty men to go free than for a single innocent man to go to jail, so Swain is on the street. But, from my observation, he's basically a sleazy character and I fully expect that karma will catch up with him.

[AfterDark]

There is little doubt in my mind, both from what I observed during the trial and what I knew of Swain during all the years that he had the shop on Jamestown, that he was guilty as sin. There is also no doubt that the BVI authorities screwed up badly, and so needlessly, he'd have been convicted anyway. But we operate under the concept that it is better for nine guilty men to go free than for a single innocent man to go to jail, so Swain is on the street. But, from my observation, he's basically a sleazy character and I fully expect that karma will catch up with him.

Unlike you I worked with him in the same small department for almost 20 years. I got him interested in diving and did many dives with him over the years. You know him about as well as I know you. None of this changes the fact that he didn't get a fair trial and is free as he should be because you wasn't legitimately proven guilty in a court of law.

[Thalassamania]

I knew him far better than you know me. You and I each had a different relationship with him and it would appear that we each saw different sides of his character.

[AfterDark]

OK We both have bias. The fact is he's free to prove one of us wrong.

If you remember I posted about being entangled in a monofilment gill net? I posted that one of 3 of us got snared, then I got caught trying to help him. The third guy got us out, the 3rd guy was Swain. Two people are alive today, 4 children got to grow up with their fathers and 2 women didn't lose the husbands they love because of Swain. So whatever side you saw is what it is but the side I saw I like.