you intend to show that gabe watson killed his wife tena to collect on a life insurance policy. e beneficiary on any insurance policy. >> he didn't know that, matt, that's the problem. he thought he was the beneficiary. we believe we can prove it or we wouldn't have charged him with it. >> can you make a case proving that someone believed they were a beneficiary when the paper work shows they were not? >> sure. there will be testimony to that effect. so absolutely we can. we prove intent all the time. >> the second count of capital murder is that he abducted his wife to accomplish the murder. how do you go about proving that. >> there's case law in alabama, matt, that says if i picked you up in birmingham and told you we were going to go to huntsville on a shopping trip, but i intended to kill you in huntsville all the time, we can charge you in birmingham for a kidnap. >> it is not sounding like an open and shut case, let me tell you that. mr. watson's attorney who we saw in that piece said trying to prove that gabe watson abducted tina is a ridiculous theory because you would h

the story from watson and his lawyers is of course quite different. >> gabe was upbeat.nd optimistic. >> reporter: watts yochb told australian investigators the couple found unexpectedly strong currents underwater. he had a problem with equipment that separated him from other divers and then his wife, a novice, panicked. he had much more experience and swam to help her. her hand hit my mask, he told police. it knocked my mask sideways so i had to let go and kind of turn back so i would have some space because at that point i didn't know if she was still flailing. when he tried to return to her, he says she was sinking. she was looking up, had both her arms out, you know, reached, stretched up, almost like looking at me. i remember getting to the top, yanking my mask off, spitting out my regulator and just yelling, tina's gone down. he pleaded guilty in australia to manslaughter saying he should have tried harder to save his bride. he was locked up a year and a half. his attorneys say that's enough suffering for a grieving husband and call the capital murder charges he fa

home state, facing nothing more than a lynch mob from the attorney general's office. >> reporter: gabe watsons he's just looking forward to the day he's vindicated. tina watson's family wants true justice for their daughter. for "good morning america," andrea canning, abc news. >>> we turn, now, to tina watson's father, tommy thomas, who joins us live this morning. mr. thomas, good morning to you. and thank you very much for joining us this morning. i know this is something that you and your family, you've been dealing with for the last seven years. and i want to get your reaction to what we heard at the end of andrea canning's report. those are strong words from gabe watson's attorney, who said, in part this, is a lynch mob, led by the attorney general in alabama. how do you respond to that, sir? >> i don't really understand what he's saying. they were talking about him being willing to come back of his own accord. and yet, when he was in australia, they were talking about trying to get a temporary visa for him over there. and even discussing the possibilities of seeking political asylum, to

gabe watson will be tried for murder seven years after the death of his bride tina.their honeymoon in australia when tina went into distress. this is the last known picture of tina, taken by another diver. she's laying on the ocean floor. alabama prosecutors believe watson turned off her oxygen tank because he wanted her life insurance money. watson said he tried helping his wife. >> she was looking up. had both her arms out. reached, stretched up, almost like looking at me, reaching her arms up to grab. >> reporter: an experienced diver, watson said he had to let her go or risk drowning as well. an australian court convicted him of manslaughter. he served just 18 months. american prosecutors believe watson planned the death prior to leaving the states. they argued there are no international rules in relation to double jeopardy, and asked that watson be extradited. it took a major compromise. >> that the death penalty would not be instituted against mr. watson should he be returned to the united states. >> reporter: watson's attorney says his client has already serve

the couple had been married for 11 days when police say gabe watson killed his wife to cash in on a small insurance policy. australian police showed how they believe tina was killed saying watson cut off the air supply giving her a bear hug and watched her sink to the ocean floor. during interrogation, watson a certified rescue diver, told investigators 16 different versions of what happened. >> the fight against the current is what allowed whatever thing took place that caused her to either blackout. >> reporter: in 2009 watson served a 18-month sentence in australia for manslaughter part of a plea deal. >> pled guilty to not doing enough to help tina while she was in the water. certainly was nothing that had anything to do with intentional conduct or intentional murder which is what he's charged with here in alabama. >> reporter: prosecutors in alabama say the punishment in alabama too lenient and believe they believe get a murder conviction against watson on u.s. soil. betty nguyen cbs news new york. >> what a story. >>> the latest on elizabeth edwards. the chancer spread and doctors s

final case, a hearing in the case against gabe watson, suspected in his wife's death during their honeymoonoing to be held today. his lawyers are looking for bond. they want him released. they are saying he is not a flight risk. of course, the government is fighting that because he was -- this occurred in australia. he did serve time for herman slaughter in australia.