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

[Hatfield]

JMO
I think it would be clearer if judge would have simply said "YES" to the 1st question like attorney wanted. I think it makes it more confusing if he added more to it like the judge suggested.

ETA
I cant tell yet what the jury was actually told. Maybe he ended up just telling them yes afterall.

Here is the question and the discussion with judge about it.

Questions 1. If not guilty on counts 1-4, can count 5 be guilty?

Veronica Waters@MissVWaters
27m27 minutes ago
Judge says he's inclined to answer 1: You may convict on all, some, or none; Then #TexMcIver attorney Samuel advocates that answer to 1 is only "Yes." Nothing else. Judge says okay to that.

 

[YESorNO]

Cathy Russon@cathyrusson
2m2 minutes ago
#TexMcIver - Just before jurors were released for the day they had another question: "Can we see Tex's APD interview video in the morning?" Judge says yes.

Veronica Waters@MissVWaters
3m3 minutes ago
#TexMcIver jury also wants to see his police interview with Atlanta Police again. Judge McBurney says they may tomorrow. They're going home in just a few minutes. @wsbradio

Christian Boone@ReporterJCB
3m3 minutes ago
Jury tells judge they want to work through lunch --- could we see a verdict tomorrow? Stay tuned #TexMcIver
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[YESorNO]

Kaitlyn Ross 11Alive@kaitlynross1
5m5 minutes ago
#BREAKING: the jury asks 3 HUGE questions in the Tex McIver Murder Trial... breaking it down with @VinniePolitan for #11Alive

(video clip https://twitter.com/twitter/statuses/986711727902547969....)
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[turaj]

This is odd...get in the car again only this time with the gun....?????? This was not done in court ..they are not the same size as Tex etc. I think to allow it is bad...they are now inventing things. In effect doing their own recreation...just not good.

 

[Hatfield]

This is odd...get in the car again only this time with the gun....?????? This was not done in court ..they are not the same size as Tex etc. I think to allow it is bad...they are now inventing things.

I agree this is probably not a good idea to allow them to get in car.

I havent followed this case closely and not sure what was done before now. Having a re-enactment by attorneys is always good IMO and if they had a re-enactment before now then I could see where the jurors may want to get into the car. If there was no re-enactment done before now then it is a bad idea to let them just go free willy inside the car.

Like you said then certain jurors will just start to claim and show what they think happened which may be far from what really occurred.

Only the lawyers are supposed to suggest what happened. The jurors are just there to decide whether they believe what they have heard from attorneys. They are not there to recreate what happened.

 

[YESorNO]

You never know what's in the jury's mind....I don't care what kind of questions and things they want to see...we won't know until they have a verdict...

remember OJ and Casey Anthony...

Hatfield- the jury has already seen and been in the car....but not with the gun in the car...

 

[YESorNO]

TEX MCIVER TRIAL - JURY QUESTIONS (DAY 2 DELIBERATIONS)

[video=youtube;8JWxq2pH6Ho]https://www.youtube.com/watch?v=8JWxq2pH6Ho[/video]

(this is Nicole's, so just click on the Watch this video on Ytube)
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[Hatfield]

You never know what's in the jury's mind....I don't care what kind of questions and things they want to see...we won't know until they have a verdict...

remember OJ and Casey Anthony...

Hatfield- the jury has already seen and been in the car....but not with the gun in the car...

Oh ok. Then it may make more sense why they want in the car.

I wish I had followed this case. Sounds interesting.

 

[turaj]

I agree this is probably not a good idea to allow them to get in car.

I havent followed this case closely and not sure what was done before now. Having a re-enactment by attorneys is always good IMO and if they had a re-enactment before now then I could see where the jurors may want to get into the car. If there was no re-enactment done before now then it is a bad idea to let them just go free willy inside the car.

Like you said then certain jurors will just start to claim and show what they think happened which may be far from what really occurred.

Only the lawyers are supposed to suggest what happened. The jurors are just there to decide whether they believe what they have heard from attorneys. They are not there to recreate what happened.

with this judge and this trial I expect him to let these jurors get back in and have the gun which = reenactment but to no scientific certainty. JUdge has already asked the car to be returned to the garage in the court house. This is a very strange trial.

 

[YESorNO]

Oh ok. Then it may make more sense why they want in the car.

I wish I had followed this case. Sounds interesting.

This trial has been crazy crazy...kay:

:floorlaugh::floorlaugh:

 

[YESorNO]

McIver Jury Asks if It Can Acquit on Murder & Assault Charges, but Convict for Influencing Witness
Fulton County Chief Judge Robert McBurney, at the urging of defense attorneys, said yes to the jury question.

"...Counts one through four include malice murder with a lesser included offense of felony involuntary manslaughter resulting from reckless conduct, felony murder, aggravated assault and possession of a firearm during the commission of a felony.

Count five is the charge of influencing a witness. That charge accuses McIver of attempting to influence Dani Jo Carter—who was driving the couple’s Ford Expedition when McIver shot his wife. Carter is the sole witness to the shooting....

Urged by defense attorney Don Samuel to answer the jury’s question with a resounding “Yes,” Fulton County Superior Court Chief Judge Robert McBurney agreed and said, “Yes. The defendant can be found not guilty of some, all or none of the counts of the indictment. “

“The question was a very simple yes or no question,” Samuel argued when McBurney initially said he intended to repeat what he said during the jury charge—that the defendant could be found not guilty of some, all or none of the alleged crimes. “The answer is yes.”

And, prompted by his co-counsel Bruce Harvey, Samuel added, “With an exclamation point.”

The jury also asked the judge if they could be allowed to get back in the Ford Expedition where McIver fatally shot his wife, Diane, on Sept. 25, 2016, this time with the Smith & Wesson .38-caliber revolver he had on his lap...."

https://www.law.com/dailyreportonli...-charges-but-convict-for-influencing-witness/
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[YESorNO]

Vincent Hill and Aaron Keller Talk Tex McIver Trial on Law & Crime Network 04/18/18

[video=youtube;Ye4q76YY5Mo]https://www.youtube.com/watch?time_continue=1&v=Ye4q76YY5Mo[/video]

(McIver starts @ around 1:52)
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[BUF]

Just walked in...a lot going on in a few threads on here!

The DA was sitting in court for those jury questions...a big case to win or loose.

 

[BUF]

Wow...finally watched the entire Ruker closing and I will say that based upon just an emotional basis he made some great points...I think the photo that will stand out for me is that bag of her remains sitting in some junk closet....that really says it all. Just awful...I think most of us treat our pet remains better. At minimum if you could not find the perfect "western style urn" you get a nice box until you do. That is just disgusting and honestly could be enough for many on that jury to never vote NG on all of those charges...I think he is guaranteed of a conviction but probably not what the state is hoping for. I think Rucker got better as he veered away from the money and just got down to basic emotion and respect for his dead wife and Tex has/had none of that.

Please don't judge those cremations in the closet. I was disheartened to see that when he brought it up.

I have my son's cremains in my closet, as I could never bury him in the ground or have him away from me. When I die, I want us to go to a specific place together...nothing nefarious, just love.

There could be a juror just like me.

 

[BUF]

:waiting::waiting:

There is another verdict watch that I'm following at the same time this watch is going on- the nanny Yoselyn Ortega trial....:sheesh:

I'm going to be doing some things around the house today to catch up to things that I have let slide because of these 2 trials and may miss both of the verdicts- so everyone keep an eye out. I'll check every so often tho'...

I'm guessing you never did get to all of that stuff!

Active day on here for sure.

 

[turaj]

quite an interesting presser from the jurors in the Ortega trial...they really went thru hell to get the verdict as some had other ideas in the beginning...their statements really indicated that with reasonable jurors and lots of discussion we don't need all these hung juries. I so hope this group in Tex can do as well.

 

[YESorNO]

Here is WAT's day 22- you can watch that blond lady work all day...:facepalm:..'til the end where the jury questions come in (around 7:08:28 or so)...

Tex McIver Trial Day 22 Part 1

[video=youtube;ZFKfUq-N0Q8]https://www.youtube.com/watch?v=ZFKfUq-N0Q8[/video]
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[YESorNO]

I'm guessing you never did get to all of that stuff!

Active day on here for sure.

I did get to wash a load of clothes and put them in the dryer- they're still in the dryer...:floorlaugh:

ETA: No- the clothes never got to the dryer....I just put them in now..:scared:

:facepalm:

 

[YESorNO]

quite an interesting presser from the jurors in the Ortega trial...they really went thru hell to get the verdict as some had other ideas in the beginning...their statements really indicated that with reasonable jurors and lots of discussion we don't need all these hung juries. I so hope this group in Tex can do as well.

Let's hope it will be tomorrow...

 

[YESorNO]

Do jury questions signal acquittal for Tex McIver?

"The jurors in the Claud “Tex” McIver murder trial have wrapped up their second day of deliberations without reaching a verdict.

But late Wednesday they provided some clues on their thinking, asking the judge four questions, one of which could be viewed as promising news for the prominent Atlanta attorney charged with killing his wife. ..."

https://www.ajc.com/news/guilty-not-tex-mciver-jury-deliberations-continue/nswjbH4DkPEX7sZAufg5FK/
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