Analysis of David Swain’s interview with reporter Troy Roberts

Shelley Tyre and David Swain

Shelley Arden Tyre, a middle school principal at prestigious Thayer Academy outside Boston, died in March 1999 while scuba diving with her husband David Swain in the sea of Tortola, British Virgin Islands.

After Shelley died, David called his daughter Jen.

Jen Swain: And he said, I’m so sorry. I went with her. I don’t know what happened but Shelley died today.

Note that David in his first phone call to his daughter said “I’m so sorry”. “I’m sorry” usually enters the language of the guilty. “I’m sorry” is often an indicator of a form of regret: for some, for what they have done (or failed to do) and for others, for being caught.  “with” is distancing language.

What we look for in the following interview with reporter Troy Roberts is for David Swain to issue a reliable denial, to say “I didn’t kill my wife Shelley” not simply parroting back the interviewer’s words but in the free editing process and we look for him to show the protection of the “wall of truth”.

The “wall of truth” is an impenetrable psychological barrier that often leads innocent people to few words, as the subject has no need to persuade anyone of anything.

We begin every statement analysis expecting truth, and it is the unexpected that confronts us as possibly deceptive.

David Swain: Swam our course that we had all agreed upon. Got to the wreck, and we went our separate ways, as we always did.

In “Swam our course” and “Got to the wreck” the pronouns are missing, these sentences are not reliable. Swain is not telling us who “Swam our course” and who “Got to the wreck”. A dropped pronoun means no commitment to the action described. He is counting on us to assume and interpret. This is a technique used in deception. 

Why does he has a need to add “as we always did”?

Troy Roberts: You said you split up during the dive, what you say that’s what you normally do, but doesn’t that go against standard practice?

David Swain: How many time…

Troy Roberts: I’m a diver.

David Swain: I understand that.

David Swain: How many times have you broken the speed limit? Every diver at one time or another is diving alone.

Troy Roberts: Do you think is possible she just panicked?

David Swain: Sure. Panic is the end result of something else. I don’t know what factor got Shelley, but I think some factor got her started, who knows what it was.

David is telling Troy that something happened before Shelley panicked. The “factor” that “got Shelley” is sensitive to him, he repeats the word “factor” twice.

David Swain: Because they’re not divers. Unless you’re a diver, this is gonna be so foreign. It would be very foreign.

David Swain: I’m just not an outwardly warm, fuzzy guy.

Troy Roberts: But your wife just died and your behavior didn’t seem appropriate for a man in mourning.

David Swain: My daughter saw it, my son saw it. People who know me know that I’m a private person.

Troy Roberts: Even when you’re in pain?

David Swain: Probably more so when I’m in pain.

Troy Roberts: Was Shelley Tyre’s death a horrible accident? A mystery?

David Swain: I don’t have the answers.

This is unexpected as usually everybody has an answer for everything. 

Troy Roberts: How did that make you feel, knowing that your in-laws thought you had killed their daughter?

This question allows David Swain to issue a reliable denial “I didn’t kill my wife Shelley” and “I am telling the truth”. This would be the “wall of truth”.

David Swain: Sad. I mean, it made me sad.

Swain accepts what the innocent de facto doesn’t accept: he allows people to believe he is involved. 

Troy Roberts: Not angry?

David Swain: They didn’t know diving.

There is no consequence to issue a reliable denial about any false allegation. David Swain was unable or unwilling to deny the allegations, he instead accepted a possible guilt, something that we don’t expect from an innocent de facto.

Troy Roberts: How long did you performed CPR?

David Swain: Mmm… that’s the big, magic question. Minutes. Was it 5 minutes, was it 10 minutes? Was it 4 minutes? I don’t know. It was minutes.

The question is sensitive to Swain, he needs a pause to think.

The word “minutes” is sensitive to him.

David Swain: There was nothing left to do. Nothing. If you are performing CPR on somebody that is responsive, sure. I would’ve gone until hell froze over but she was not responding to anything.

 Note “I would’ve gone until hell froze over”. David Swain shows a need to persuade with an hyperbole rather than truthfully reports.

Troy Roberts: Did you kill Shelley Tyre?

This is a “Yes” or “No” question.

“No” is expected.

David Swain: Did not, would not, could not. This thought, this craziness that I would do something like that to Shelley is just… is just so revolting.

David Swain shows a need to persuade.

Note “Did not, would not, could not”, the personal pronoun “I” is missing, he  doesn’t show commitment to his words and there is not action described. He is counting on us to assume and interpret. This is a technique used in deception.

”I would do something like that to Shelley” are David Swain’s own words. 

David Swain: Everybody keep thinking that I’m doing all this for money. I’m just as happy being flat broke as I am when I’m fat rich, probably happier flat broke. Less hassle.

“I’m doing all this for money” are David Swain’s own words. 

Hyperboles are used as intensifiers. David chooses to persuade using  hyperboles rather than deny the accusation.

David Swain is speaking about a woman he met before his wife’s death:

David Swain: Mary Basler came along, a bright, happy woman willing to talk.

David Swain: I’m as guilty of being curious beyond what I should have as anybody.

“I’m as guilty” enters Swain’s language, this is unexpected from an innocent de facto.

Troy Roberts: You invited her to Killington for the weekend. Wasn’t that going to be the beginning of something?

David Swain: No.

Troy Roberts: It was just going to be a friendly weekend in Killington?

David Swain: You make it sound like a guy can’t have a girlfriend.

Swain doesn’t answer the question.

Troy Roberts: Did your wife know you invited her?

David Swain: No.

Troy Roberts: You made a reference, a mess that you need to get out of (in a letter to Mary).

David Swain: Well, I think I made a mess by letting my curiosity get the best of me.

He is manipulative.

Troy Roberts: You weren’t describing your marriage to Shelley as a mess?

David Swain: No.

Troy Roberts: You thought Mary was your soulmate?

David Swain: It’s a nice word, isn’t it?

Troy Roberts: Did you envision a future with Mary Basler?

David Swain: At that time, no.

Troy Roberts: Your father was abusive to you. Is that right?

David Swain: As best I can dredge up.

Troy Roberts: What happened to you at the hands of your father?

David Swain: Horrible things.

Troy Roberts: Can you share some of them?

David Swain: No, I’m not going to share those.

David Swain: They had to come up with some kind of scary story that would make the jurors, who are not divers, all say, ‘Oh, that’s what happened’.

His defense attorney, Hayden St. Clair Douglas, questioned him during the trial:

Hayden St. Clair Douglas: Did you kill Shelley Tyre?

David Swain: I did not, could not, would not dream of taking the rock of my life out of the world. No… I did not.

Swain is unable to issue a reliable denial not even parroting his lawyer’s words. He instead shows a need to persuade.

Douglas: Did you in anyway deprive Shelley Tyre of air?

David Swain: The last thing in the world I would deprive Shelley of anything. So I certainly don’t want to deprive her of air.

Note that Swain doesn’t answer the question. He is manipulative, He speaks at the present tense because he is unable or unwilling to say “No” or “No. I didn’t deprive Shelley of the air”.

Prosecutor Williams: You held her down!

This is a “Yes” or “No” question.

“No” is expected.

David Swain: I did not.

Prosecutor Williams: And made her become unconscious.

This is a “Yes” or “No” question.

“No” is expected.

David Swain: I did not.

Analysis Conclusion:

Deception Indicated

David Swain was unable to deny his involvement in his wife death. The absence of a denial, it is a concern. If Swain is unable or unwilling to say “I didn’t kill my wife Tina, I’m telling the truth”, we are not permitted to say so for him. 

There is no “wall of Truth” within David Swain. This is why he allows blame to be put upon him.

David Swain has guilty knowledge of what happened to his wife Shelley.