Swain makes court appearance in Tortolla
The former two-term Jamestown Town Coucil member was expected to be arraigned Monday on the murder charge. According to a spokesman for the BVI governor's office, Swain's case was discussed during a closed pre-trial conference on Sept. 26 between the judge, the prosecutor and Swain's BVI attorney, who participated via telephone.
Swain is scheduled to return to court on Monday, Oct. 13. He remains in custody in Tortolla where he was been since he was extradited in May 2007.
The 46-year-old Tyre drowned while scuba diving with Swain, a Jamestown dive shop owner, while on vacation in Tortolla in March 1999. BVI officials ruled her death an accident. The Tortolla case was re-opened after a Rhode Island civil trial in 2006 in which Swain was held responsible for Tyre's death.