GUILTY GA - Diane McIver, 63, fatally shot, Atlanta, 25 Sept 2016

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Mike Petchenik@MPetchenikWSB
1h1 hour ago
Rickert says Diane could have foreclosed on #TexMcIver if he failed to repay the loan, but "I'm not sure that would have happened. Diane would have avoided that at all cost to keep the marriage together," he testified.


Mike Petchenik@MPetchenikWSB
1h1 hour ago
Rickert testifies the $350k loan was due for payment by #TexMcIver in December 2017, about a year after Diane's Death.


Mike Petchenik@MPetchenikWSB
1h1 hour ago
Rickert testifies Diane asked him to attend a meeting about making changes to her will. #TexMcIver and his lawyer were in attendance.


Mike Petchenik@MPetchenikWSB
1h1 hour ago
Rickert testifies Diane McIver didn't get along with #TexMcIver youngest son, Robbie. "They had run-ins."


Mike Petchenik@MPetchenikWSB
51m51 minutes ago
Rickert testifies after Diane died, a check of her personal file cabinet turned up old versions of wills. #TexMcIver had asked for the 2006 will and he was sent a copy.


Mike Petchenik@MPetchenikWSB
27m27 minutes ago
Rickert says #TexMcIver asked him if he could get Diane's social security benefits. This was two days after the shooting, he said.


Mike Petchenik@MPetchenikWSB
25m25 minutes ago
Rickert said he expected #TexMcIver to say how sorry he was and how much he loved Diane, "but I never heard that."
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Christian Boone@ReporterJCB
24m24 minutes ago
Rickert: #texmciver told him ranch was costing $20-$25 K a month to manage, he was bringing in only 10K-12K at law firm


Mike Petchenik@MPetchenikWSB
23m23 minutes ago
Rickert says #TexMcIver told him his firm was cutting back and he was only bringing in $10k-$12k/month and it was costing him $25k a month to run his ranch.


Mike Petchenik@MPetchenikWSB
21m21 minutes ago
Rickert says #TexMcIver also asked about how he could obtain Diane's 401k benefits.


Cathy Russon@cathyrusson
15m15 minutes ago
#TexMcIver - Email from McIver to Rickert in November 2016 asking about Diane's retirement account.

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Break
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Mike Petchenik@MPetchenikWSB
1m1 minute ago
Rickert testifies on cross-examination he didn't know if #TexMcIver could repay the loan or if just didn't want to pay it back to Diane.


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Diane McIver's will stated her cremation should be paid from her estate. Prosecutors made big deal about #TexMcIver saying he needed money from the estate to cover the cost.


Christian Boone@ReporterJCB
47s47 seconds ago
Rickert said he has not seen Diane's alleged 2nd will #texmciver


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Rickert says a person could have paid for the cremation and then Diane McIver's estate would have reimbursed them. #TexMcIver waited for estate check to pay for it, didn't pay out of his own pocket.


Mike Petchenik@MPetchenikWSB
31m31 minutes ago
Rickert testifies, after jury asks, he's not aware of #TexMcIver paid back the $750k he owed Diane.
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Cathy Russon@cathyrusson
21m21 minutes ago
#TexMcIver - Professor of estate law at Georgia State University on the stand for the prosecution. Qualified as an expert in this trial in wills, trust and estate law. https://lawandcrime.com/live-trials/live-trials-current/tex-mciver/watch-live-tex-mciver-trial/ …

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Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Law professor explains to the jury what the "slayer statute" means. If convicted of anything but involuntary manslaughter, #TexMcIver wouldn't be allowed to take from the estate.


Law & Crime Network@LawCrimeNetwork
7m7 minutes ago
#TexMcIver - Court adjourned for lunch until 1:30.
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Steve Fennessy@stevefennessy
15m15 minutes ago
So far there has been little testimony in the #TexMcIver case about his first marriage, but I assume the defense will bring it up. The acrimonious divorce in 2000 cost him big, and doubtless made him laser-focused on money going forward, esp when it came to a second marriage.

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I think the defense case might be short...they mention in pre-trial that most of the witnesses that state has on the list are on their list too so they expect if state calls them they can get their testimony during cross. I have seen that happening with most witnesses so they probably only will have the sleep person and maybe some ballistics. They expected the trial to go one month so not so sure they are that far behind...not sure judge conveyed that to jury. I also read where Billy Corey really distanced himself from Tex after the death of Diane and I think he is not buying the accident theory...makes me wonder what else he knows that will never come into trial. And boy is Anne Schwall buying Tex' story but of course she has every reason to go with it. I agree that Austin sleeping in with Tex and Diane is beyond strange.

I don't trust her testimony because she's basically financially indebted to him and is hoping her son will receive the ranch of a share of it. And, yeah, sleeping in the same room with people who aren't your parents or grandparents is odd. That and the total devotion to the one child.
 
After lunch break, judge and attys talking, without the jury:

Mike Petchenik@MPetchenikWSB
1m1 minute ago
Don Samuel is making light of @MarkWinneWSB story on #TexMcIver. Gesticulates with his hands calling it "explosive allegations." So few things that are relevant in the story, he said.
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Could this be the article they are talking about????- has a video clip with Tex in jail

Attorney indicted for murder: 'I miss my wife so much. It was the perfect marriage' (with video clip)
By: Mark Winne

Updated: Mar 1, 2018 - 2:05 PM

https://www.wsbtv.com/news/local/breaking-attorney-indicted-for-wifes-murder/516809682

[video=youtube;cWYaYLz0xtk]https://www.youtube.com/watch?v=cWYaYLz0xtk[/video]
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Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Prosecutor just stood up again and claimed @MarkWinneWSB has agreed to testify in the #TexMcIver trial. Our attorney says that is not accurate.
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Bob Bianchi Talks Tex McIver Trial on Law & Crime Network 03/27/18


[video=youtube;HiO3avgmzrY]https://www.youtube.com/watch?v=HiO3avgmzrY[/video]

(Mciver starts @ 1:10)
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Vinnie talks about something interesting, IMO:

Lawyer breaks down Dani Jo Carter's testimony in Tex McIver murder case

[video=youtube;eaxXRHTemQM]https://www.youtube.com/watch?v=eaxXRHTemQM[/video]
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Pics of Diane and Austin:

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Link: http://www.wzzm13.com/img/resize/co...idth=354&height=199&scale=both&bgcolor=000000


image7_1475791288035_6378098_ver1.0.jpg

Link: http://www.11alive.com/img/resize/c...idth=567&height=319&scale=both&bgcolor=000000


image8_1475791287876_6378096_ver1.0.jpg

Link: http://www.11alive.com/img/resize/c...idth=567&height=319&scale=both&bgcolor=000000
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those are so cute...she really did look happy with them.
 
Tex McIver Trial Day 11 Part 1

[video=youtube;9kY63tn89Vk]https://www.youtube.com/watch?v=9kY63tn89Vk[/video]
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Mike Petchenik@MPetchenikWSB
53s53 seconds ago
Law professor says based on the wills she saw, the godson would have gotten the ranch at some point down the road, especially after #TexMcIver change his will to give Austin "residual" estate.

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Not if he sold the ranch before he died, IMO, because the ranch wouldn't be in his estate by then.
 
Mike Petchenik@MPetchenikWSB
1m1 minute ago
A real estate lawyer is on the stand now to address the issue of foreclosure questions in the #TexMcIver trial.

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Philip A. Holloway@PhilHollowayEsq
12m12 minutes ago
Property Lawyer gives crash course in Property Law to #TexMcIver murder trial jury - this material takes two full semesters in law school



Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Real estate lawyer testifies that Diane McIver would have had the right to foreclose on #TexMcIver interest in the ranch for nonpayment of the $350k loan.


Aungelique Proctor@aungeliquefox5
2m2 minutes ago
Atty. is explaining "slayer stature" to jury. It means if convicted of anything other than manslaughter, #TexMcIver could not get the estate. @FOX5Atlanta

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Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Real estate lawyer says he never saw any documents showing Diane McIver wanted to foreclose on #TexMcIver's interest in the ranch.



Law & Crime Network@LawCrimeNetwork
13m13 minutes ago
#TexMcIver - Judge calls for a 10 minute recess and has the prosecution assure the jurors the next witness will be a new topic.
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Veronica Waters@MissVWaters
57s58 seconds ago
#TexMcIver trial: State calls Angie Smith, an Executive VP at US Enterprises. Has known Diane McIver for 36 years. @wsbradio

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Veronica Waters@MissVWaters
40s40 seconds ago
Colleague Angie Brooks says she is familiar with having heard Diane sounding "frustrated" in phone conversations with #TexMcIver, putting phone down very hard @wsbradio


Veronica Waters@MissVWaters
28m28 minutes ago
Angie Brooks says when she first heard Diane McIver was dead she thought it was a traffic accident Few details. On some day, she heard a speakerphone convo from #TexMcIver in which he said "that the gun went off." Defense keeps objecting in her testimony @wsbradio


Law & Crime Network@LawCrimeNetwork
16m16 minutes ago
#TexMciver - Diane McIver's will dated Feb 1, 2006. Witness now reviewing it. https://lawandcrime.com/live-trials/live-trials-current/tex-mciver/watch-live-tex-mciver-trial/ …


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Christian Boone@ReporterJCB
11m11 minutes ago
"There were different statements that were made that caught our attention," U.S. Enterprises VP Angie Brooks, Diane's colleague of 36 years, re: statements to media by #texmciver, spokesman


Veronica Waters@MissVWaters
10m10 minutes ago
Angie Brooks says Diane McIver kept important docs in her office file cabinets. She talked with Diane about her will. Diane had a very good-sized ruby & diamond brooch she wore around her neck; rubies are special to both of them b/c they have July birthdays. #TexMcIver @wsbradio
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Veronica Waters@MissVWaters
8m8 minutes ago
A list from Diane McIver's first will shows how she was bequeathing some jewelry to people. Here are some of those items as they were listed in the sale of Diane's things held by #TexMcIver. @wsbradio

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Veronica Waters@MissVWaters
3m3 minutes ago
Cross: Angie Brooks says she doesn't know what Diane McIver's salary was. She had a salary, maxed out on Social Security, and rented back to US Enterprises items/properties for income. She thinks salary was ~$120K; thinks rents brought well over another $200K @wsbradio #TexMcIver


Veronica Waters@MissVWaters
2m2 minutes ago
On cross of colleague Angie Brooks, defense implies that there was not $400,000 in Diane McIver's 401(k): "Is it possible it was $280K?" She doesn't know; "they go up & down w/the stock market." @wsbradio #TexMcIver


Veronica Waters@MissVWaters
2m2 minutes ago
Some Jury Q&A for Diane McIver's colleague Angie Brooks: The 401(k) was paid to an account w/#TexMcIver's name on it. Yes, the list of jewelry was attached to Diane's will. @wsbradio
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Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Legal firm recruiter on the stand in the #TexMcIver trial.

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Mike Petchenik@MPetchenikWSB
11m11 minutes ago
Head hunter testifies #TexMcIver reached out to him about getting back into a law practice after Diane's death.
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Veronica Waters@MissVWaters
6m6 minutes ago
I had to go live so I missed the testimony of the legal recruiting guy in the #TexMcIver trial. Now up is Georgia Bureau of Investigation forensic biologist Nicole Carroll.

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Law & Crime Network@LawCrimeNetwork
7m7 minutes ago
#TexMcIver - DNA analyst testifies about the DNA on the gun. They could not make a determination . It's unclear why this testimony is needed as who shot the gun isn't under dispute.

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Veronica Waters@MissVWaters
4m4 minutes ago
GBI's Nicole Carroll shows the #TexMcIver jury where they swabbed the .38 for testing. There was not enough DNA on the trigger to build a profile. If there was something between the person's hand & the trigger or other parts, that would decrease DNA amount, she says @wsbradio

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