2008-01-10 / News

Swain may waive extradition, attorney says

Federal court hearing scheduled for Jan. 25

David Swain David Swain Former Jamestown Town Council Vice President David Swain, who has been criminally charged with murdering his wife while on a scuba diving trip to Tortola in 1999, may waive extradition later this month, according to his lawyer.

Timothy Bradl is one of three Boston attorneys hired by Swain's family to represent the Jamestown scuba shop owner. Bradl said Tuesday that Swain and his attorneys were considering waiving extradition. A hearing is scheduled in Providence for Jan. 25 in federal court.

"We're in the process of making that decision. David wants to clear his name. He wants to do that as soon as possible," Bradl said. "We are looking at every angle and trying to address both arenas - federal courts and BVI case issues."

Swain, 51, was arrested in November by federal authorities on a murder warrant from the British Virgin Islands at his dive shop, Ocean State Scuba, on North Main Road. The dive shop has since been closed.

Swain has said he is innocent of killing his wife and had said in court that he would fight the extradition.

Swain has been charged by BVI with killing his wife Shelley Tyre, then 46, while they were scuba diving in waters off Tortola in 1999. BVI officials had originally ruled Tyre's death an accident.

Tyre's parents, Richard and Lisa Tyre of Jamestown, won a wrongful death suit against Swain in 2006. BVI officials renewed their interest in the case after the civil court verdict.

Bradl said he is traveling to BVI in the next few days to meet with court officials over issues concerning Swain's defense. He said that because BVI is a Commonwealth Territory, there are certain requirements that attorneys must meet.

At issue will be "the degree" to which his U.S. attorneys will be allowed to participate in the trial, Bradl said.

After Swain's arrest, he was represented by a public defender. Bradl said he had been following Swain's case in the news and contacted him.

"I thought my law firm had a lot to offer," Bradl said.

Bradl has experience in homicide and has worked in the U.S. Virgin Islands. Other attorneys in his firm have experience in extradition and international law, Bradl added.

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