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

[MsArk]

I don’t know if the judge is required to include the lesser charges at this point but agree with your assessment. It does seem like he wants Tex convicted of something, if not malice murder.

Yes, Rucker’s closing should be interesting!

 

[turaj]

I don’t know if the judge is required to include the lesser charges at this point but agree with your assessment. It does seem like he wants Tex convicted of something, if not malice murder.

Yes, Rucker’s closing should be interesting!

listened again to the charge conference...impressions....Don Samuel is driving the bus on these charges and instructions and he is extremely SMART. The pros. team are just shaking their heads and taking out stuff left and right knowing they did not prove the case. My feeling is they know they are not going to get what they hoped for and are just going to try to get something. I think the judge has an obligation to include the lesser as he stated based on the evidence it is more than reasonable to include. Count 5 is really the only thing that was proved in my opinion...and it is obvious he was reckless.

 

[turaj]

What a strange request on a note from the jury that the court reporter from this day Friday the 13th be the court reporter for the rest of the case? And the judge has arranged that.!!

 

[turaj]

another new experience for me in a trial...the defense motion for directed verdict is usually just a formality and of course we would not be at this point in a trial without there being good evidence for the counts...in this case counts 1-4...well in McIver this is the FIRST TIME I have felt that Samuel actually had good reason to ask for it on those counts. Of course judge denied that motion but honestly they have not brought sufficient evidence forward for those counts. Anyone else agree...disagree?

 

[turaj]

talking to myself...still having snow storm...staying home and rewatching some of this trial...State says they have a sleep expert coming on Monday for rebuttal...but gee their first choice is not coming because "they could not work it out" and so second choice will be coming. My guess is first choice from Minnesota...probably Mayo Clinic....would not say what they needed. I expect defense to cross and as usual use this sleep guy for their case...this has been a pattern all thru the case.

 

[turaj]

Tammy Johnson who the judge even said lied on the stand during bond hearing...is an interesting character. How in the world did this "interior designer" become a person handling multi million dollar estate matters. All I heard is she got a call from Dixie (Tex' sister) to help and that she was a friend of Dixies. As with so much in this crazy case very strange.

 

[geevee]

What a strange request on a note from the jury that the court reporter from this day Friday the 13th be the court reporter for the rest of the case? And the judge has arranged that.!!

I missed the last bit of testimony and charge conference - the jury really asked for this, and he granted it? What difference could a court reporter mean to the jury?

another new experience for me in a trial...the defense motion for directed verdict is usually just a formality and of course we would not be at this point in a trial without there being good evidence for the counts...in this case counts 1-4...well in McIver this is the FIRST TIME I have felt that Samuel actually had good reason to ask for it on those counts. Of course judge denied that motion but honestly they have not brought sufficient evidence forward for those counts. Anyone else agree...disagree?

I agree, don't think the State proved intentional murder but definitely involuntary murder/reckless conduct, very glad the judge is adding that but I do wonder how the jury will have any idea of the difference between the involuntary murder charges (felony or misdemeanor) if they won't be told the level.

 

[turaj]

I missed the last bit of testimony and charge conference - the jury really asked for this, and he granted it? What difference could a court reporter mean to the jury?



I agree, don't think the State proved intentional murder but definitely involuntary murder/reckless conduct, very glad the judge is adding that but I do wonder how the jury will have any idea of the difference between the involuntary murder charges (felony or misdemeanor) if they won't be told the level.

Absolutely last minute of the charge conference judge holds up the note and confirms that she can be the court reporter for next week...honestly extremely unusual. I recommend listening to the charge conference...mostly between Don Samuel and the judge. Judge is bring in new draft based on feedback and work over the weekend. It is fairly complicated but I feel okay about it because I think this is a smart jury.

 

[turaj]

observation...Nurse with sari who seems to be the very only one hearing this story about cleaning gun in bathroom and it went off is strange...I don't quite believe much of what she says...she then describes Tex as being flushed which to her means he is pale?? That is what she said. Made no sense and Tex is never pale.

 

[Niner]

Monday, April 16th:
*Trial continues (Day 20) (@ 9am ET) - GA - Diane McIver (63) (Sept. 25, 2016) - Claud "Tex" Lee McIver III (74/now 76) arrested (12/14/16) charged (4/27/17) with malice murder, felony murder, aggravated assault with a deadly weapon, possession of a firearm in the commission of a felony, and 1 count of influencing witnesses and bribery (Judge dismissed Counts 6 & 7). Pled not guilty.
Prosecutor Clint Rucker says State's rebuttal involves as many as three witnesses: a sleep expert, financial expert Dean Driskell, and McIver friend, Putnam Co. Sheriff Howard Sills. Those will come Monday; that's when the jury view of the SUV will likely be, too. State will put up the rebuttal witnesses on Monday. Closing arguments will be Tuesday, Judge forecasts.

 

[turaj]

Well should be interesting watching Rucker try some more for that "Perry Mason Moment" that has been so elusive for him during this trial.

 

[Niner]

trying to :thinking: if Perry Mason ever got to his closing arguments and did a "Perry Mason Moment" ??

 

[BUF]

Grover on the stand being questioned by defense outside of the jury... I don't recall...embellish...I don't recall

He has been in the courtroom watching testimony.

 

[Niner]

I hate it when I start watching live streaming and it starts circling and circling etc. etc. :gaah:

So, I guess I'll have to wait until YESorNO gets those tweets posted.

From what I recall of what I heard - the jurors will be looking at the car today. Are there other witnesses after Grover? I know the one guy will be with the SUV. Can't remember who else will be on for the State....

 

[Niner]

So this Grover guy confirmed that the boots he gave Diane were NOT the same ones Annie was wearing?

TIA!

 

[Ember123]

Pls forgive my ignorance but I must have missed some testimony ... What exactly is the significance of this testimony re: boots ?!?!???

 

[alsleuther]

All this talk today about the boots is making me nervous.....I feel the Prosecution has nothing else and Defense is trying to prove that Annie was not wearing Diane's boots, by calling Jay Grover back and talk of a photo of the shoes.

 

[BUF]

First witness on the stand is a sleep expert...I have a feeling we may all go to sleep after this!

Do you think they'll call Grover after all of that?

 

[BUF]

So this Grover guy confirmed that the boots he gave Diane were NOT the same ones Annie was wearing?

TIA!

No, couldn't 'confirm' anything

 

[Niner]

BUF - thought he said Diane's boots had flor-de-whatever and Annie's had flowers?

and :giggle: on the sleep expert putting us to sleep!