Prosecutors wrap up case in scuba death trial

TORTOLA, British Virgin Islands—Prosecutors wrapped up their case Tuesday in the trial of a Rhode Island man accused of drowning his wife while scuba diving in waters of the British Virgin Islands.

Prosecutors spent the day showing jurors videotape of depositions from a 2006 civil trial in David Swain’s home state that found him responsible for the 1999 death of his wife, Shelley Tyre, during a Caribbean vacation.

In one tape, Swain, 53, said he had difficulty recalling details from the dive and his attempts at resuscitating Tyre when her body was retrieved from the deep. He has said he and his wife, who was an experienced diver, descended together and then parted ways. Swain later surfaced without Tyre, and another diver found her body.

“I was stressed; I was at my wits’ end. I don’t recall everything that I said or everything that I did,“ Swain said in the deposition, adding he had “no idea” how his wife drowned.

Prosecutors contend Swain killed his wife so he could pursue a romance with another woman, and because the couple’s prenuptial agreement denied him money if they divorced. Experts have testified that they believe Swain wrestled Tyre from behind, tore off her mask and shut off her air supply.

Swain maintains his innocence and his defense lawyers said they will show the drowning was a “tragic accident.“

The 1999 drowning was initially ruled an accident. But authorities in the British Virgin Islands later charged Swain with murder after the civil trial found him responsible. He was extradited to Tortola the following year and has been in jail here since.

In another videotape viewed Tuesday by jurors, Swain was also unable to account for his dive computer, a device that measures depth and time during a dive. He said he either sold the device or replaced it sometime after Tyre’s death.

Defense lawyers said they will call up to seven witnesses, including a diving expert, a medical specialist and a Rhode Island psychologist. It was not immediately clear if Swain will take the stand.

Attorney Neil Tassel, of the Boston-based firm Denner Pellegrino, said “expert testimony will clear up misconceptions in the Crown’s case in connection to diving issues which have formed such a large part of the government’s speculative case.“

Timothy Bradl, also of the Boston firm, said the defense team was “confident this jury will keep an open mind and look at the credible evidence.“

The trial began Oct. 7. Swain faces life in prison if convicted.