Jurors review evidence in Day 3 of deliberations in Tex McIver murder trial (with clip)
Jurors have been deliberating for about a total of 16 hours at this point.
"FULTON COUNTY, Ga. — The jury in the Tex McIver murder case took a hard look at some of the evidence during Day 3 of deliberation....
There's still no decision yet, but jurors wanted to see a few very specific things that were presented at trial again.
On Wednesday, they asked the judge three questions, including whether McIver could be found guilty of certain charges and not others. They also asked to get back inside the SUV where McIver's wife Diane was shot with the gun and review emails between the two.
The jurors did get to see those last two pieces of evidence Thursday, viewing printouts of some of the emails sent between Tex and Diane presented at trial – many of them about money. After, they went back down to the sally port and again to look at the SUV. They took the actual gun used in the shooting and took turns holding it in their lap while another juror sat in the front seat, where the driver would have been, and looked back.
Finally, they re-watched the first interview Tex McIver and his attorneys gave to Atlanta Police, in which detectives said Tex's behavior was strange, and inconsistent with a grieving widower...."
http://www.11alive.com/article/news...546c&utm_medium=trueAnthem&utm_source=twitter
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Jury Questions Are the Norm in Tex McIver Murder Trial
"The blockbuster question late Wednesday hinting at a possible acquittal of Atlanta attorney Claud “Tex” Mciver on charges stemming from the fatal shooting of his wife has not been their only question.
Jurors asked 298 questions of witnesses during 20 days of testimony in McIver’s ongoing murder trial. Fulton County Superior Court Chief Judge Robert McBurney has screened all of those questions, some of which he has not allowed.
They have also not shied away from questions during deliberations, which began Tuesday...
Allowing jurors to ask questions following direct and cross-examination of witnesses is unusual, but it is not unprecedented.
Asked why he was letting jurors pose questions, McBurney replied “Why not?”
McBurney said he decided to adopt the practice after learning that Judge Reggie Walton of the U.S. District Court for the District of Columbia allowed jurors to pose questions to witnesses during the 2007 trial of attorney Lewis “Scooter” Libby, chief of staff to former U.S. Vice President Dick Cheney...
McIver attorney Bruce Harvey has objected to the juror questions since the beginning, saying the practice has Sixth Amendment implications regarding a defendant’s right to a fair, impartial trial.
“There are questions you may not have asked, particularly by design to fit in with your defense strategy and representation of your client,” he said. “And then a juror may ask that very question, and the judge may say, ‘Sure,’ which completely undoes that particular strategy you have for that witness.”
Harvey added that the practice also allows the court to interject itself into questioning.
“The Georgia Supreme Court has approved the practice,” he said. “But nobody has raised that critical constitutional implication.”..."
https://www.law.com/dailyreportonli...ions-are-the-norm-in-tex-mciver-murder-trial/
BBM So Mr. Harvey wants the jury not to question anything because it will mess up his stories....I mean his strategy... harrumph. :slap:
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