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Marco man won’t be prosecuted in wife’s death in pool
David Diamond
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The State Attorney’s Office has announced it won’t pursue criminal charges against a Marco Island man who found his wife dead in a swimming pool in June.
In a Jan. 24 memo sent from Assistant State Attorney Michael J. Provost to State Attorney Stephen B. Russell, Provost said that there is insufficient evidence to show that David Diamond killed his wife, Judith Diamond.
David Diamond found Judith Diamond floating in the couple’s home pool on June 3.
Marco Island police investigators have said David Diamond was dry and made no attempt to remove his wife from the pool or administer aid.
There also was a history of physical and mental abuse between the couple, an arrest report stated.
Medical examiners in June had ruled Judith Diamond’s death to be a homicide, after finding the manner of her death to be drowning and evidence of blunt force trauma on the body.
David Diamond was arrested on second-degree murder charges on Aug. 13.
But Provost wrote in the memo that he re-interviewed the doctor who performed the autopsy, Manifred Borges, on Jan. 15, and Borges said he couldn’t state beyond a reasonable doubt that the manner of Judith Diamond’s death was homicide.
“In order to prove a homicide in a criminal court, it must be shown beyond a reasonable doubt that the victim died by the criminal agency of another,” Provost wrote. “In this case, that cannot be shown. There is no direct evidence that links the defendant, or any other person, for that matter, to the blunt force trauma or the drowning.”
Provost wrote that the state couldn’t rule out alcohol as a factor in Judith Diamond’s death. Her blood-alcohol level was 0.23 percent, nearly three times the legal limit and could have contributed to her drowning.
Marco Island Police Chief Roger Reinke couldn’t immediately be reached for comment Tuesday evening.
Comments
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THIS IS A HUGE INJUSTICE!!!!!!!!! I have to say that the system has once again failed another victim!
How much more evidence does the state attorney need? Does someone always have to witness the murder in order for charges to be brought against the murderer in this state attorneys cases?
The Marco Island police didn't even do their job by securing the residence and conducting an investigation, but even though, according to them, they provided the state attorney with sufficient evidence to prosecute!
This state attorney has dragged his feet from day one! He evidently had no interest in doing the required work that it would take to prosecute! He never even interviewed her son (who evidently is too scared to speak out!) until this month!
It is a shame that someone with no more interest in seeing justice done works for the justice system and is paid by tax dollars!
I have read the officer reports and spoken in detail with some of them regarding the findings of that night! Funny how so much of that never made it in to any of these articles!
If she died from accidental drowning, then where did the blunt force trauma come in? Where did all the bruises and cuts etc. come from?
Did she beat herself up prior to drowning?!
I guess the only comfort to be found in this rediculous finding is that Mr. Provost isn't God and one day that creep will have to answer to the maker! Therefore, justice will be done in due time!
I hope her memory haunts him tremendously for the rest of the days that he exists as a waste of human breath!
#1 Posted by tball866 on January 30, 2008 at 9:55 a.m. (Suggest removal)
Your a heart less smart rear!
#2 Posted by tball866 on January 30, 2008 at 10:18 a.m. (Suggest removal)
Heartless and brainless!
You don't know the details of this case therefore you should keep your opinion to yoursef!
Maybe you too are an abuser!
#3 Posted by tball866 on January 30, 2008 at 10:20 a.m. (Suggest removal)
I didn't read the article, but I thought Marco Man was made of metal. How did he kill his wife? Throw her in pool and she rusted to death.
#4 Posted by Ed_Foster on January 30, 2008 at 4:37 p.m. (Suggest removal)
I hope all you smart rear F's or bloggers(whatever you call yourself) rot in hell-you or evil and heartless and not one bit funny...Leave our family alone and respect our loved one who is no longer here due to a tragedy and she has kids and grandkids and many other family members who read this crap you write and we're still hurting and trying to heal and get thru this without people like you turning it into a joke cause its not....
#5 Posted by justice4jean on January 31, 2008 at 12:29 a.m. (Suggest removal)
Murder is no joke. It's pure evil, and this case stinks of state sponsored evil. We're well acquainted with some of those cited. It's an all too familiar abomination from The City of Marco Island, Florida.
Murder outs. Always. Our Creator will undo every harm and right all injustices.
Thugs and their official accomplices may smirk, thinking they got away with it. Their joy is always temporary.
Dr. Paul Vincent Zecchino
Manasota Key, Florida
31 January, 2008
#6 Posted by paul_vincent_zecchino on January 31, 2008 at 8:36 a.m. (Suggest removal)
Obviously there are too many children blogging on this site! The immaturity shows!
If we ignore them, they can't get any satisfaction out of their childish games
#7 Posted by tball866 on January 31, 2008 at 10 a.m. (Suggest removal)
Ball, It looks like you are putting some blame on the PD. I think the PD did all it could by making an arrest. The PD makes arrests and the State decides on prosecution. That's the bottom line.
#8 Posted by talktome on January 31, 2008 at 12:07 p.m. (Suggest removal)
talktome
Yes, your correct the PD does make arrests.
However it is also their responsibility to secure the property and perform an investigation!
None of which was done.
#9 Posted by tball866 on February 1, 2008 at 5:09 p.m. (Suggest removal)
TBALL866 and JUSTICE4JEAN: I am sorry that you and your family were not able to see this loser go to court. Sometimes our justice system is unjust.
As for the bloggers... I have found that on this site people will take any situation and throw a negative or sarcastic spin on it.
When you try to defend yourself -- or someone else -- these posters will eat you alive. It is better to ignore them and silently seethe. They are intentionally controversial, but when people stop giving them provoking material to respond to, they stop posting on your story.
Unfortunately, that is the nature of these blogs. It is a bummer to have to defend yourself (or a loved one) against hurtful comments. However, it is a wonderful platform for someone like you to expose Mr. Diamond for what you believe he really is -- a killer.
Hang in there and God Bless.
#10 Posted by Rachael on February 2, 2008 at 8:38 p.m. (Suggest removal)
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