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« Update: Red Sox bring it home this afternoon / Photos | Today | Update: McCain, Reed, Clinton weigh in on Iraq » April 8, 2008Swain's lawyer asks for new civil trial in wife's murderPROVIDENCE -- The state Supreme Court heard oral arguments today about whether David Swain, now awaiting trial in Tortola on a charge of killing his wife, should get a new civil trial. A civil jury convicted Swain in 2006 of killing his wife, Shelley Tyre, during a 1999 scuba diving vacation in Tortola. The suit was filed on behalf of Tyre’s parents, Richard and Lisa Tyre, who have said they filed suit against Swain to try to learn some answers to their daughter’s death. Swain, a former Jamestown Town Council member, has maintained his innocence. The civil conviction forced Tortola officials to take a fresh look at the case, and last fall they asked that the United States extradite Swain back to the Caribbean island. He waived his right to fight extradition in January. Anthony R. Leone, representing Swain, argued, in part, for a new trial this morning, saying a Superior Court judge refused his client a continuance after one of his lawyers fell ill. The justices, however, seemed to have little patience with that argument, noting the numerous continuances afforded Swain and his own efforts to drag out the process. ``How many times does a trial justice have to put up with that?’’ asked Chief Justice Frank J. Williams. Further, asked Williams, even if the court was so inclined, how could it order a new trial? "He’s not here. Your client is out of the country. How are we going to have a new trial?’’ Said Leone: ``Frankly, your honor, that is a question I can’t answer.’’ -- Journal staff writer Tom Mooney Posted by Mike McKinney Commentskaren | April 8, 2008 1:17 PM link Post a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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ProJo 9 to 5 News Blog
Oct 2005 - March 2006
The correct term for a civil finding would be responsible or liable. I do not think that the finding would be considered a "conviction", which is typically reserved for findings as the result of criminal trials.