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MSNBC Dateline June 4, 2024 10:37:00

If they parted ways. but, the prosecution said that swain saw another way. in the will, if she died, he benefited from her estate. in fact, with shelley gone, david would get the dive shop, the money, and the girl. just two months after his wife s death, he, and mary, started dating. in fact, they became a couple following sheila s death? yes, they did for, i believe, a year and a bit. then, she broke it off. lastly, williams also brought to the stand a trio of witnesses, critical to the prosecution s case. christian thwaites, wayne s own friend, and charter boat made, said that swain hardly attended cpr, even though cpr training mandates never to stop until help arrives. the order comes, and there was brief cpr. brief meaning, a few minutes? a matter of minutes. keith arroyo, who testified when he pulled into the cares ....

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MSNBC Dateline June 4, 2024 10:58:00

david swain settled into the misery of prison life. his only comfort, the prospect of an appeal. did you think he had a ghost of a chance? i did. this was not a good trial. it was not a fair trial. almost two years after his guilty verdict, david swain returns to court. a three judge appellate panel, took more than three hours of oral arguments, and then, it s something that no one anticipated. the head judge ends it by looking right at me and says, mr. swain, you are free to go. obviously, my mouth dropped open, and i m in shock again. so i just sat there for, i don t know, 15, 20 seconds, and the bailiff guy not just me and quietly says, mr. swain, you need to walk out right now. why did he walk? the panel believed, in part, that the trial judge had been biased towards the prosecution in her instructions to the jury. once more, they ruled that swain should not be retried, ....

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MSNBC Dateline June 4, 2024 10:31:00

With the stakes so much higher this time, criminal, not about money, but maybe, decades in prison. swain came prepared, with caribbean council, plus, a top legal team from boston. it will be a lengthy trial the, government expects to call witnesses for another 12 days. but, shelley s parents also brought their attorney, to. he had won the civil suit against swain in rhode island, and is now helping tortola prosecutors. tim was wayne s attorney. the prosecution was not going to conduct any further investigation. they had something that was neatly packaged, in their view. they presented that in the criminal case, in tortola. the civil suit became the criminal suit? exactly. no cameras were allowed in court, but the press could audiotape the proceedings. prosecutor, terrence williams, laying out his case to the jury, methodically. speaking, first, of motive. this man here, his wife is ....

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MSNBC Dateline June 4, 2024 10:22:00

going on main street, on how shelley fell underwater, some locals who knew the way around scuba thought, it didn t add up. certainly, when you go up, and down, it was people on both sides that they can t do. it could it be that it was remotely possible that david swain had something to do with his wife, charles, death? that was a question burning in the mind of shirley s parents, richard, and lisa. ever since swain had returned from the caribbean with her daughter spotty, they demanded answers from their son-in-law. answers that were not forthcoming. in the first moment i heard and kept saying over the phone to him, but you had the buddy system, you were there, you had the buddy system. and he just kept saying, i wasn t there. so they are saying, you are the expert, and you are the caretaker. they were wondering why why did you leave her? ....

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MSNBC Dateline June 4, 2024 10:34:00

The wreath. now, the prosecutor said, that s wayne s own words, in this taped deposition, proved, he was still with shelley when she died. listen to how long he says he was at the rex before leaving shelling for the wreath. how much time did you spend there? not long. certainly, less than ten minutes. maybe more than five. and after your 5 to 10 minutes at the rex, what did you do? we meandered over to the wreath area, to see if there is something there. but, according to the prosecutor, 5 to 10 minutes into the dive is, exactly, when shelley died. here is why, as laid out by his experts. the prosecution scuba expert said, based on the amount of oxygen used from charles air tank, on the fateful last time, they estimated, she had taken her last breath at about eight minutes into the dive. meaning, after eight minutes underwater, she had drowned. the experts then said it, given swain s description of his dive, ....

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