Diver convicted in wife's drowning

[Ayisha]

I don't believe we actually ever read anything about the prosecution claiming that Shelley's air was turned off in any of the numerous articles that were linked to. The first I recall of this part of the theory is in the 48 Hours episode and it was acted out by divers for the show. The video was not done by police divers and it was not evidence in the trial. Does anyone recall if this theory of Shelley's air being turned off was documented before?

The air consumption or dive time is irrelevant because there were only a couple of minutes where David was out of the water before Christian found Shelley. They began the dive together and he surfaced only a couple of minutes before she was brought up, so he cannot be placed out of the water at the time of her demise. The prosecution also claims that he would have had to see her body when he returned according to his own recollection of his "tour" AND that he would have had to see the fin sticking up in the sand on his way to the boat, though he claimed to see neither. Christian saw both quickly - the fin upon his descent and her body shortly after.

Remember, Swain's psychologist was not a psychiatrist. He was rejected because he was not a medical doctor (which is what a psychiatrist is) and only psychiatrists are accepted as expert witnesses in some jurisdictions.

 

[AfterDark]

I don't believe we actually ever read anything about the prosecution claiming that Shelley's air was turned off in any of the numerous articles that were linked to.

The OP page 1 post 1 had a link "Diver convicted of wife's drowning 10 years on | World news | guardian.co.uk" second paragraph of that article: David Swain was found guilty of what prosecutors called "a near perfect murder", after jurors on the island of Tortola heard evidence that he swam up behind his wife, Shelley Tyre, tore off her scuba mask, shut off her air and held her until she drowned.

 

[SadiesMom]

That video was made for the civil trial in RI and it WAS shown in court here. I don't recall if it was actually used/shown in the criminal trial in Tortola or not.

I can't imagine that the prosecution would suddenly change horses in mid-stream on their theory of the crime however - since the Tortolan prosecutors were convinced to try the murder case by Renn Olen (the RI civil trial prosecuting attorney) and he was at their sides during the entire criminal case in Tortola, advising them.....

 

[idocsteve]

Jen (daughter) says her fathers priority was getting her body back to shore to "protect her dignity in death" and didn't want someone to "beat on her" to try to get her heart started.

David says "If you are performing CPR on someone who is responsive, then sure, I would have gone until Hell freezes over"

So now CPR shouldn't be done if a person isn't responsive so as to avoid unecessary "beating" of them and to "protect their death dignity".

That in of itself is damning. Throw in the broken pin and missing snorkel piece...Davids affair and not seeming to grieve while spending all the money he never would have seen in a divorce due to the prenup...his failing dive shop...and David not seeing a fin right next to the anchor line and Shelley's body nearby...David saying the last time he saw her she was enjoying herself and at home in her environment...no reason for her to panic and rip off her gear and stick one fin in the sand less than 5 minutes later.

All this crap about air consumption is nothing more than that. Irrelevant BS. So what if she died 8 minutes in or 15 minutes in? David was in the water with her at the time of her death, it makes no difference about the air consumption, it's just a weak deflection attempt. Furthermore, the defense says she "panicked". Well if she panicked her air wouldn't last as long as they suggested it might have (up to 15 minutes rather than 8 claimed by the prosecution). They can't have it both ways.

He denies he had an affair nor was he interested in sex or a future with the chiropractor chick, yet he refers to her as his soulmate in a letter he wrote, and he invited her to a weekend in Vermont, without telling his wife. When asked if this was "proper" he said "what, a guy can't have a woman friend?!" In the letter inviting her on the trip he tells her that afterwards she will be "rejuvenated" and "need some rest". The problem isn't the affair so much as David's lying about it.

Every single person interviewed in the 48 hours segment agreed that David murdered Shelley except for Davids own kids (and exwife), and of course the "could not, did not would not, could not" guy himself. Note that he looks away from eye contact with the interviewer when he said it.

 

[Ayisha]

David says "If you are performing CPR on someone who is responsive, then sure, I would have gone until Hell freezes over"

So now CPR shouldn't be done if a person isn't responsive so as to avoid unecessary "beating" of them and to "protect their death dignity".

I also found David's statement about being willing to perform CPR on someone who is responsive very puzzling. By definition, we would not be performing CPR on someone who IS responsive. If someone has a pulse or is responsive to the CPR, we STOP CPR, not continue. CPR is performed on someone who is not responsive until they are responsive OR someone more qualified takes over OR we are exhausted. It was particularly puzzling coming from a former paramedic who would be expected to have more than a basic understanding of CPR.

Thank you AfterDark and SadiesMom for the clarification. I didn't recall that theory and thought the video enactment was made recently.

 

[AfterDark]

I also found David's statement about being willing to perform CPR on someone who is responsive very puzzling. By definition, we would not be performing CPR on someone who IS responsive. If someone has a pulse or is responsive to the CPR, we STOP CPR, not continue. CPR is performed on someone who is not responsive until they are responsive OR someone more qualified takes over OR we are exhausted. It was particularly puzzling coming from a former paramedic who would be expected to have more than a basic understanding of CPR.

Thank you AfterDark and SadiesMom for the clarification. I didn't recall that theory and thought the video enactment was made recently.

Interesting use of the word theory.

 

[baz500]

Well done at ignoring the rest of the post and picking up on a very insignificant part.

 

[idocsteve]

Well done at ignoring the rest of the post and picking up on a very insignificant part.

It's called 'grabbing at straws'.. which is quite understandable given the dire predicament of his friend who seems to damn himself more every time he opens his mouth during a television interview

I really can't blame him although I don't approve of his choice of friends.

 

[SUMURPHY0300]

I thought I had a heart attack coming on while at work about a month ago (turned out to be I had an extreme case of acid overbuild -- long story from my indulgence of spicy foods) I was lucid... ok, I'm not underwater and facing certain situation that could contribute to panic. My sequence of decisions were calling my doctor and then making arrangement to meet my husband at the Emergency room at the hospital; I did not loose my sense of judgement -- not knowing what a heart attack is supposed to feel, my survival instinct kicked in. Ok, given that everyone respond differently... Yet the victim was an experienced diver, and there're just the 2 of them slipping away for a dive while the other couple was left behind in the yatch. Did this couple confirmed this to be the truth or were there other boats and divers around to rule out the husband?

Heart attack or other natural causes... I am trying to emphatize here: say that you feel a heart attack coming on while diving (barring the possibility of a massive heart attach or a stroke that can incapacity one), would you reap off your face mask, and / or reach over and to the air valve of your tank to shut the air off?

I know it's water-under-the-bridge: But say that it is not heart attach, what other natural causes, did the coroner said? Wonder whether the air valve was in fact were found shut? If so, I will have big problem finding the husband innocent.

 

[AfterDark]

HUH? Missing a fin and mask? No foul play? Is that possible?

Scuba diver dies in mishap off Gloucester - Local News Updates - MetroDesk - The Boston Globe


Scuba diver dies in mishap off Gloucester
EmailE-mail|Link|Comments (11) May 27, 2010 01:16 PM

By Stefanie Geisler, Globe Correspondent

A 42-year-old scuba diver died Wednesday afternoon after he was found floating unconscious off Good Harbor Beach in Gloucester, officials said today.

John C. Denaro, 42, of Carlisle, was seen floating in the water in the beach's private section at about 1:30 p.m., Gloucester Police Chief Michael Lane said. He was transported to Addison Gilbert Hospital, where he was pronounced dead at 2:05 p.m., Lane said.

"His mother said he had extensive diving experience, and that he had come to Gloucester with his niece and her boyfriend," Lane said. "They were both going to the beach, and he was going to go diving off to the side."

Denaro was found floating in about two feet of water, Lane said.

"He was wearing a wetsuit and one fin and no mask," Lane said. "He was about 25 feet away from the sandbar."

The incident was reported by witnesses who live in the area, Lane said.

Paramedics removed Denaro from the water and attempted to resuscitate him, Gloucester Deputy Fire Chief Miles Schlichte said. Denaro was diving by himself.

"He walked from the public side of the beach to the private side, donned his dive gear, and went into the water," Schlichte said.

No foul play is suspected at this time, Lane said. An autopsy is expected to be completed today.

Denaro's gear will be inspected by the State Police dive team, Lane said.

"It appeared that the tank was pretty full when they took possession of it," he said.

The tanks will be tested early next week, but the initial examination shows that Denaro's gear was in working order, said Steve O'Connell, a spokesman for the Essex district attorney's office.

"This was probably a medical issue, but we'll await the autopsy results before determining the cause of death," he said