15 May 2008:
New trial denied for man accused in scuba-diving death
| Jamestown, R.I., councilor charged with killing wife | ||
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Providence (AP) - The Rhode Island Supreme Court on Tuesday denied a new trial for a former Jamestown town council member held responsible for killing his wife while scuba diving in the British Virgin Islands. A jury in a civil trial two years ago found David Swain liable for the 1999 scuba-diving death of his wife, Shelley Tyre, off the coast of Tortola. Tyre's parents had filed a wrongful death lawsuit against Swain, and a jury awarded compensatory and punitive damages that, with interest, total nearly $5 million. Swain, who represented himself at trial after his lawyer fell seriously ill, has maintained his innocence. He appealed multiple aspects of the case, including the judge's decision to allow the jury to award punitive damages as well as the judge's refusal to postpone the trial so that Swain could find a new lawyer. But the Supreme Court rejected each of his arguments in its decision Tuesday. A lawyer for Tyre's parents argued during trial that Swain, during a violent struggle, had cut off Tyre's air supply and held her in the water until she drowned. The lawyer, J. Renn Olenn, contended that Swain killed his wife because he was pursuing a relationship with another woman and knew that his wife's prenuptial agreement would leave him with no money if they divorced. Caribbean authorities initially said they considered Tyre's death accidental, but reopened the case after the verdict and charged him with murder last year. He is being held in Tortola, awaiting trial.
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