. >> mr. swainmarch 1999, did you kill shelley tyre? >> i could not, i would not, dream of taking the rock of my life out of the world. that's just -- no, i did not. >> did you in any way, during the course of that dive, deprive shelley tyre of air? >> the last thing in the world is i would deprive shelley of anything. so i certainly didn't deprive her of air. >> then it was the prosecution's turn. >> you held her down. >> i did not. >> you made her become unconscious. >> i did not. >> and this was within eight minutes of the dive. >> it was not. i did not. you are making false accusations. >> you got a little edgy on the stand? >> i'm sure i did. >> a little abrasive, a little in the face? >> i'm fighting for my life. >> missing from his testimony was the grief of a husband who had lost his wife to a diving accident. >> did you get penalized for not showing them a tissue lent soul that they expected? >> i'm positive i've been penalized for not being what people expect. >> david swain says he's alwa

mr. swain. >> is there an honor or integrity question with guerrilla warfare? >> yes, precisely. it's not that the regular army folks have no experience with it. they do, because who do they fight before the war? >> the indians. >> the indians, all right. they're all veterans of the indian wars, and they deal with guerrillas in mexico so they think it's completely inappropriate. they're on the receiving end of all this. they don't see this is fighting dirty for this em. all right, for the sioux it's just the way you fight. you have a culture clash here. but -- yes. >> with it being so close to the union line wouldn't it mean they had to sacrifice that? >> that would have been a problem, is that the capital -- the capital is still of great political importance. it's also related to the issue of what do the confederates want. all right. they want to be recognized as a they want to be recognized as a legitimate nation state and losing your capital does not help your cause. mr. conners. >> philadelphia fell. >> fair enough. during what war? the united states loses the capital. they l

. >> the head judge ends it all by looking right at me and saying, mr. swainyou're free to go. >> reporter: the appellate court panel overturned the verdict citing in part the trial judge had been biased toward the prosecution in her instructions to the jury. just just like that, david swain was a free man. >> and david swain is with us exclusively along with his attorney. good morning to you both. >> good morning. >> good morning. >> david, begin with you. you were convicted in 2009 of killing your wife shelley as we just saw in the piece. that was overturned last september. you spent four years in a prison cell. was there a time when you thought you were going to be there for the rest of your life for something you didn't do. >> i did my best never go to that train of thought. i took it one day at a time. >> did you ever say, my gosh, i could sit here for something in my head i know i didn't do and this could take me to the end of my life. >> again, something i tried to avoid at all costs. i was more worried about my family than myself. >> you were found res