Gabe Watson acquitted in AL murder trial

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Ken Kurtis

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Oh. My. God. I am stunned. Not so much that he was acquitted had the jury found him not guilty (it was probably going to be tough to prove beyond a reasonable doubt anyhow) but that the trial was stopped by the JUDGE who directed a verdict of acquittal because the State failed to prove it's case.

I'm not a lawyer (and maybe Bruce or others can weigh in) but it seems to me that the State blew it in their presentation of the case. I've followed news reports as closely as I can and, as far as I can tell, the State offered NO expert testimony from someone like Bill Oliver, Glen Egstrom, Brett Gilliam, me, or others who do this regularly as to why just looking at the scuba circumstances and facts of the case, you can make (IMHO) a pretty strong argument that this was not an accident. And I would think you first have to establish that he did the deed before you go into motive, which seems to be all they focused on (insurance money).

FTR, I don't believe the turned-off-her-air story nor do I think the Australian re-creation was representative of what really happened. To me, the damming action is the bearhug that was observed by another diver in another group and who testified at trial. Watson says he was holding Tina by the shoulders to prevent her from doing a panicked ascent. But think about it: When someone panics, they bolt for the surface and they bolt quickly, strongly, and usually without warning. (As a side note Watson has presented himself as not all that experienced enough to save Tina yet he was clever enough to recognize early signs of panic????)

So even if you accept Watson's story that Tina panicked and he was just trying to help her, how did he get his arms around her shoulders? Because when a panicky diver starts going up and you go to grab them you're LUCKY if you're able to get them by the . . . ANKLES. How did he manage to get her by the shoulders?????

As far as turning off the tank, you don't need to do that. Wait for her to exhale, pull her reg out, grab her shoulders to pin her arms so she can't get the reg back in, hold on for 30 seconds or so, let her drop to the bottom, and then concoct your story on ther way up. (Don't forget your safety stop.)

Anyhow, it would be one thing had Watson presented a defense and the jury didn't buy the prosecution's version. But to have the judge just say "We're done" feels like nothing short of prosecutorial incompetence (in my humble not-legally-based opinion). Oh. My. God.

- Ken
 
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It is very difficult but I think this was more for the family then anything. The case would be an impossible scenario anyway since your talking about a crime that the actual crime itself was commited in another country no matter if planned here or not. The family has been reportedly at odds with Gabe and with plenty of reason to see why. Its not just this case but most any case where a spouse is murdered it will more often then not turn family against inlaws.

This will undoubtedly result in quiet possibly a civil suit from the family though as its the next step for action in most cases.
 
I'm with you Ken, this is really strange.
 
Oh. My. God. I am stunned. Not so much that he was acquitted had the jury found him not guilty (it was probably going to be tough to prove beyond a reasonable doubt anyhow) but that the trial was stopped by the JUDGE who directed a verdict of acquittal because the State failed to prove it's case.

I'm not a lawyer (and maybe Bruce or others can weigh in) but it seems to me that the State blew it in their presentation of the case. I've followed news reports as closely as I can and, as far as I can tell, the State offered NO expert testimony from someone like Bill Oliver, Glen Egstrom, Brett Gilliam, me, or others who do this regularly as to why just looking at the scuba circumstances and facts of the case, you can make (IMHO) a pretty strong argument that this was not an accident. And I would think you first have to establish that he did the deed before you go into motive, which seems to be all they focused on (insurance money).

FTR, I don't believe the turned-off-her-air story nor do I think the Australian re-creation was representative of what really happened. To me, the damming action is the bearhug that was observed by another diver in another group and who testified at trial. Watson says he was holding Tina by the shoulders to prevent her from doing a panicked ascent. But think about it: When someone panics, they bolt for the surface and they bolt quickly, strongly, and usually without warning. (As a side note Watson has presented himself as not all that experienced enough to save Tina yet he was clever enough to recognize early signs of panic????)

So even if you accept Watson's story that Tina panicked and he was just trying to help her, how did he get his arms around her shoulders? Because when a panicky diver starts going up and you go to grab them you're LUCKY if you're able to get them by the . . . ANKLES. How did he manage to get her by the shoulders?????

As far as turning off the tank, you don't need to do that. Wait for her to exhale, pull her reg out, grab her shoulders to pin her arms so she can't get the reg back in, hold on for 30 seconds or so, let her drop to the bottom, and then concoct your story on ther way up. (Don't forget your safety stop.)

Anyhow, it would be one thing had Watson presented a defense and the jury didn't buy the prosecution's version. But to have the judge just say "We're done" feels like nothing short of prosecutorial incompetence (in my humble not-legally-based opinion). Oh. My. God.

- Ken


It is accepted that the "bear hug" was most likely the rescue diver who went and retrieved Tina's body from the sea floor. There is way too much misinformation on this here and elsewhere on the internet.

He has been acquitted because the prosecution had no case.
 
What amazes me is that he could be criminally tried for a crime allegedly committed in a foreign country.

Dale
 
Ken As I seen the latest of the vid of a diver with a view of victim on the bottom, to me this is no different than a recent student here in seattle who in the same circumstances was killed from Instructor not paying attention to his student, as they put gabe as a rescue diver and buddy.

Of course gabe has done jail time, what does this do, well lets him know he was caught in a pickle of did he premeditate the accident or not. For sure the man did jail time, court cost, and humility to his family.

Now you put it they did not ask you or others for expert testimony, is why I reference scuba Instructors and student accidents, the defense can use past diver deaths from actual scuba classes, where the Instructor is the one giving you a guarantee that this is no more dangerous than bowling, now this is what is printed in diving manuals, so you could actually blame the cert agency.

And as dale has mentioned above this case was not here in america.

There are now millions of convicted murders out roaming the world right now, others are still behind bars, cause they were seen to not have justified there time to actually see what harm they encountered to another person from there reactions of physical and mental ability to another.

The other is the BVI case would also be part of the case in which that fella has now been freed.

The world took a turn around of wrongfully accused and was proven not guilty from DNA. If we could hang every one who we thought committed murder we would have less people in jail, yet the thought process of not getting caught in the criminal would actually kill more to get rid of evidence or witnesses.

Gabe done his time, he moved on to have a family and that is the utmost of what can happen in a situation like this. Gabe has gone to great extremes of proving he is rehabilitated, and can function as a normal citizen.
 
When I first heard about this case, I was sure he was guilty myself. In time (and mainly by reading the other thread on this taht was mentioned above), I learned that much of the reason I was so convinced was due to highly inaccurate reporting. Much of what people "know" about this case is simply not true.
 
What amazes me is that he could be criminally tried for a crime allegedly committed in a foreign country.

Dale

Correct me if I'm wrong, but he wasn't being tried for committing the crime, but for planning the crime in ALA, that's what the prosecution failed to prove.
you got to love America, you're guilty until proved Innocent! Then you just got away with it, because here come the wrongful death suits!
 
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Correct me if I'm wrong, but he wasn't being tried for committing the crime, but for planning the crime in ALA, that's what the prosecution failed to prove.
you got to love America, you're guilty until proved Innocent! Then you just got away with it, because here come the wrongful death suits!

They had to prove he murdered her in order to prove he planned the murder in Alabama. Both elements were necessary.
 
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