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Extra: David Swain's deposition

January 21, 2012 4:38 PM

Watch more from Swain's 2003 deposition describing wife Shelley Tyre's fatal dive.

Shelley's Last Breath
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by PWTU January 6, 2013 10:29 AM EST
At the beginning of the program on Shelleys Last Breath, it was told that David and Shelley were on the boat with friends, where was the evidence and court appearances from that couple? and how come it took the friend 10 minutes to surface with Shelleys body? I never saw or heard what happened to his evidence or testimony, he was down there long enough to have killed Shelley himself.
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by SandraFrancesca February 22, 2012 5:07 PM EST
guilty
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by jsinclair17 March 12, 2011 11:31 AM EST
Arrogrant, detached and guilty!!!
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by sensiblysane March 10, 2011 1:34 PM EST
His body language disturbs me. He appears to be arrogant. I read that opening up your stance shows an openness to the process and to your answers; however, the way he twists the chair back and forth, and the way he seems to tighten the corners of his mouth, almost imperceptibly smirking at times, makes me believe he does not have any love for his wife and feels the whole deposition is a bother to him. The tone of his voice and the way he verbally disconnects from his wife when describing her after he realizes she is past rescue also bothers me. He sounds defensive, not sad. If it was me, and if I was reliving the incident, I would feel sad and sound like I was regretful of not being able to save her. "When there was no reaction from THE pupils..." was a telling choice of words. Why didn't he say, "When there was no reaction from HER, or MY WIFE'S, or SHELLEY'S pupils...," I realized he had no love for his wife and didn't care that she was dead either now or then. It does not mean he is guilty of killing her, but it shows to me his absolute disdain for her and disconnection from her.
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by talita-koomi March 6, 2011 2:10 PM EST
HAHA! CBS's auto-censor deleted out the first part of "homosapiens" on my comment!! What a hoot! This stupid state of Political Correctness run amok is getting beyond ridiculous!! Hey, CBS AUTO-BOT! The word you removed is simply a Greek root word meaning "same"!! It happens to be a part of MANY words we use in English! Are you going to delete them ALL lest some "homoerectus" be offended? Why doesn't CBS just hire HUMANS with actual BRAINS and COMMON SENSE to check over viewer comments??! Oh, that's right, my bad, I forgot- that would cost MONEY!! Maybe $ 20,000-50,000 out of your multi-millions in profits. God forbid! Money trumps humanity, and common sense, every time. Too bad for the thinking people of the world... P.S. IF Someone-in-Management ever DOES realize that you should have human beings do your censoring, I'd be happy to take the position, having had 45+ years of experience using common sense ALONG WITH the English language (a rare skill-set these days)!(My common-sense-utilizing, English-language-speaking position in an American co. where I'd worked very hard for 23 years was moved to India- where it seems the co. has hired/fired 7 people in 2 years in their bid to replace me and thus save themselves $. Common-sense and English language mastery seems to be in short supply ...) Furthermore, I won't even charge you a full $20,000 because it would not take very long to look through potential offenders and remove the genuinely distasteful ones! WHAT A DEAL FOR CBS!! A true win/win for everyone! I'll be checking my email regularly for your offer, and I look forward to bringing a solid dose of humanity and reasonability to the company's web-world. See ya at the virtual water-cooler!
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by apadoy March 6, 2011 12:30 AM EST
i must say i am disappointed in many aspects of the reporting and in the way the investigation was carried out ....i am aware that perhaps many details might not be reported or available to the public or to you but think that many basic priciples or practices where not considered..........1. no time line was established as to the goings on around the boat from the time off departure to the return to the boat ....ie. the time they entered the water and the time they came out etc.....2. how did the husband discover his wife and where .....what did he do when he found her ....what did he first see and how did he react as a trained professional....3. how far did he go after seeing his wife alive for the last time and why or what made him seek her out so soon after leaving her .....4. why was the air valve shut off ....it would seem to me that apon discovering his wife he would have removed the tank as quickly as possible and would have surfaced as quickly as possible to initiate cpr as soon as possible while trying to get the attention of those on the boat ..dealing with her with the tank on i think would be difficult and cumbersom....a crutial quetion in my estimation is, WHY OH WHY WAS THAT AIR SUPPLY TURNED OFF,...it seems like a uselees thing to do when you are trying to save someone..........4.. or did he leave the air tank on and drag his wife back to the boat underwater and turn off the valve once on the boat 5. who where the people on the boat ....surely the police must have questioned these individuals ....even if their identity is confidential ....what they had to say must have been of some importance.....finally all of these details in my humble opinion are as important as the recreation. the 8 minute estimate or the 15 to 20 minute depending on if you are the defence or prosecution depends on many of the details contained in the time line...also it seems that the husband is staying away from the details of this investigation putting soem doubt in my mind ....but i also question the reporters and investigators for not delving into these matters
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by mevlana17 May 11, 2010 12:28 PM EDT
Also if the husband is innocent, why didn't he offer to do a polygraph to assuage her parents' doubts. Still not too late for him to do this, although it won't change his conviction.
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by mevlana17 May 11, 2010 12:26 PM EDT
As far as him spending all her gargantuan amount of inheritance money in just a few years and hitting on another woman and then starting up a relationship with the chiropractor and his brother killing their mom and his father's abuse of them and his lack of emotion or inappropriate emotion and not doing enough CPR, etc...very bad...and very possible the scenario that the investigators came to.

But my first thought was there are numerous dangerous creatures down there. With the mask torn off, the first thing I thought of was an octopus grabbing her mask or a large fish like a shark bumping her in the face. Strange to read in her dive log that she "played with an octopus" on a prior dive. I don't see that as a "good move" for anyone to do. It could have been a baby, but even so, not a good plan to play with living creatures like octopus when you are in THEIR environment. I don't know if an octopus grabbed you if it would eat you or release you, but maybe it might "taste" the rubber and not like the taste, letting the diver go, but "too late"?

But for the most part, all the little pieces of the puzzle seem to point to the husband.

The authorities should have done a full autopsy and also tested for stroke, heart attack, or similar. She was over 50 and overweight. She could have been a heart attack victim. If she has not been creamated, they could still maybe check for this. It is important when you are going on circumstantial evidence.

The thing about the CRP decisions could be bad decisions made in a state of shock and grief possibly.

Someone in grief could go "shopping" or have affairs to "feel better" temporarily (of course he started hitting on the chiropracter before Shelley died though).

Again, I lean with the idea that the courts made the right decision in this case, but I think they should rule out most possibilities with regards to heart attack/stroke or octopus attack (octopus DNA on mask possibly?).
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by mysteryfan May 10, 2010 9:48 PM EDT
We were a long way from help? Someone did come and offer help, but David refused it! Why?!
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