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

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  • #1,121
Prosecutors Call Their Own Sleep Expert to Rebut Defense
Fulton County prosecutors on Monday called their own sleep expert to counter testimony by an neurologist called by the defense who said that Tex McIver could have experienced a "confusional arousal" that startled him awake and caused him to shoot his wife.


"....On Monday, prosecutors called Dr. Mark Pressman, a psychologist and forensic sleep specialist who is also an adjunct law professor at Villanova University’s Charles Widger School of Law. Pressman is also a clinical professor of medicine at Jefferson Medical College in Philadelphia.

Pressman was called to offer his opinion as to whether McIver’s diagnosed sleep disorder could have led to the fatal shooting of his wife, Diane, as the couple was traveling at night in their SUV through the streets of downtown Atlanta. McIver was sitting in the rear passenger seat and a family friend was driving when he shot his wife who was sitting in front.

Pressman’s testimony concluded the state’s rebuttal case. Jurors were then allowed to view and, if desired, sit inside the McIvers’ SUV where Diane McIver was fatally shot. The SUV has been in the prosecutors’ custody since October 2016. Closing arguments are scheduled to begin Tuesday morning....

Pressman said that McIver’s story that he had been alarmed enough about pedestrians on the downtown street they were traveling on to get his gun and his later story to police that he was nervous enough that the hair was standing up on the back of his neck were “absolutely incompatible” with sleep.

“People who are very fearful will have a very hard time falling asleep,” he said. “I would say that it is not possible that he fell back asleep.”..."

https://www.law.com/dailyreportonli...call-their-own-sleep-expert-to-rebut-defense/
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  • #1,122
Julie Rendelman Talks Tex McIver Trial on Law & Crime Network 04/16/18

[video=youtube;3UWlPqH2oy0]https://www.youtube.com/watch?time_continue=2&v=3UWlPqH2oy0[/video]
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Mark Eiglarsh and Charles Mittelstadt Talk Tex McIver Trial on Law & Crime Network 04/16/18

[video=youtube;zvSmzEbJYUg]https://www.youtube.com/watch?time_continue=20&v=zvSmzEbJYUg[/video]

(starts @ around 10:11)
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  • #1,123
Brittany Griffin@momsofpurpose
1h1 hour ago
So what was your sense of where the gun would have to be? No, Rucker and Harvey weren’t thrilled just now over the photo.


Mike Petchenik@MPetchenikWSB

2:31 PM

Replying to @momsofpurpose
I had my right hand on my leg in a “finger gun position” and had the “gun” turned on its side as the defense has suggested. Depending on where his knees were located and if gun was on his lap then that trajectory would he achieved. If he jerked upwards then not so much.
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  • #1,124
Hi Niner! Will def be in court tomorrow & bringing pen & paper to take notes. Will share my impressions tomorrow night after I return home.
 
  • #1,125
  • #1,126
Tuesday, April 17th:
*Trial continues -Closing Arguments - (Day 21) (@ 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.
Closing arguments will begin today, jury instructions & jurors will go deliberate!



arta said:
Hi Niner! Will def be in court tomorrow & bringing pen & paper to take notes. Will share my impressions tomorrow night after I return home.

:happydance:
 
  • #1,127
Did I hear correctly yesterday that the defense asked for two hours for closing?
 
  • #1,128
Wild About Trial Live Feed (WAT)

https://wildabouttrial.com/live-streaming/tex-mciver-trial-live-stream/
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Law & Crime Network Live Feed:

https://lawandcrime.com/
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CBS46 Live Feed

http://www.cbs46.com/category/213030...ws-live-stream
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11Alive

http://www.11alive.com/article/news...l-live-feed-and-ongoing-coverage/85-528076775
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  • #1,129
Did I hear correctly yesterday that the defense asked for two hours for closing?

Well as I understand it 2 hours is standard there for a case of this length...what is bizarre is that Rucker wanted more...3...thankfully judge denied. Personal opinion...only reason you would need 3 is is you did not prove your case.
 
  • #1,130
Did I hear correctly yesterday that the defense asked for two hours for closing?

Yes- 2 hours. I hope it's Samuels that does the defense closing and not Harvey (I'll be bored to tears with Harvey...:anguish:...)
 
  • #1,131
Yes- 2 hours. I hope it's Samuels that does the defense closing and not Harvey (I'll be bored to tears with Harvey...:anguish:...)

I think it may be him as he is the one who asked.

My goodness, Rucker asked for 3 hours?
 
  • #1,132
FULL courtroom today!
 
  • #1,133
And arta must be there for US!!! :happydance:
 
  • #1,134
WSB-TV@wsbtv
3h3 hours ago
Closing arguments to begin in #TexMcIver murder trial https://2wsb.tv/2EWj7ni @AudreyWSBTV live w/ recap of the final day of testimony, evidence at 6:50 a.m.

(video clip https://twitter.com/twitter/statuses/986185720858599424...)

Law & Crime Network@LawCrimeNetwork
1h1 hour ago
#TexMcIVer in court ahead of closing arguments.

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Mike Petchenik@MPetchenikWSB
1h1 hour ago
The gallery is nearly full today for closing arguments in the #TexMcIver trial. I counted about 60 people sitting in here.


Mike Petchenik@MPetchenikWSB
58m58 minutes ago
A view inside the gallery this morning at the #TexMcIver trial as closing arguments set to begin.

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Cathy Russon@cathyrusson
57m57 minutes ago
#TexMcIver - The gallery is packed. Closing arguments set to begin soon.

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Mike Petchenik@MPetchenikWSB
55m55 minutes ago
Prosecutors will start with their closing arguments, then pass to defense for its closings, then get in the last word in #TexMcIver.


Veronica Waters@MissVWaters
52m52 minutes ago
Packed house for closing arguments in the #TexMcIver murder trial this morning @wsbradio

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  • #1,135
Cathy Russon@cathyrusson
51m51 minutes ago
#TexMcIver - Order of closings: Prosecution, defense (split between Harvey and Samuel), prosecution.


Bill Rankin@ajccourts
50m50 minutes ago
Huge blow to #TexMcIver. Judge McBurney reconsiders lesser included charges and removes misdemeanor involuntary manslaughter as an option. Now involuntary manslaughter, a felony, is only lesser included option for jury. If convicted of that, faces up to 10 years in prison.


Mike Petchenik@MPetchenikWSB
49m49 minutes ago
The judge has removed the misdemeanor charge that jurors could have convicted #TexMcIver of, leaving only felonies left for jurors to consider. Don Samuel objects.


Christian Boone@ReporterJCB
47m47 minutes ago
Elimination of the misdemeanor charge is bad news for #TexMcIver, takes away an option for the jury to punish defendant in a more limited way.


Aungelique Proctor@aungeliquefox5
41m41 minutes ago
Defense says there was no testimony of #TexMcIver's shirt being off during his massage by Annie Anderson, so that should not be mentioned in closings. @FOX5Atlanta – at Superior Court of Fulton County


Mike Petchenik@MPetchenikWSB
39m39 minutes ago
Cara Convery will start closing arguments on behalf of the state in the #TexMcIver trial.


Law & Crime Network@LawCrimeNetwork
39m39 minutes ago
#TexMcIver - Judge jokes with jury, "We thought we'd call a couple more nurses from the hospital."

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Scott Riddle, Esq.@ScottRiddleLaw
37m37 minutes ago
Small difference, big consequences. #TexMcIver

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Veronica Waters@MissVWaters
29m29 minutes ago
#TexMcIVer jury is brought in at 9:24 AM. Judge McBurney jokes that they were ready for closings a bit earlier, but decided to call a couple more nurses to testify. Fulton Co. ADA Cara Convery begins her closing argument with the number 27--the days we've been together @wsbradio

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  • #1,136
Law & Crime Network@LawCrimeNetwork
34m34 minutes ago
#TexMcIver - Prosecutor Cara Convery begins her closing argument

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Mike Petchenik@MPetchenikWSB
34m34 minutes ago
Convery tells jurors they "aren't to seek doubt...just the truth about what happened." #TexMcIver.


Mike Petchenik@MPetchenikWSB
33m33 minutes ago
Convery: "When you aim a loaded gun at the back of your wife...you can infer the defendant had the intent to do that." #TexMcIver.


Christian Boone@ReporterJCB
32m32 minutes ago
Convery: "The defendant had the intent to do it --- words, conduct, demeanor, motive, should be considered" #TexMcIver


Christian Boone@ReporterJCB
31m31 minutes ago
Tanner, ranch hand who lives in Athens, approached by Tex to give Dani Jo a ride home on the day Diane was killed #TexMcIver


Christian Boone@ReporterJCB
30m30 minutes ago
"This gun just didn't go off. This gun had the trigger pulled." Convery #TexMcIver


Christian Boone@ReporterJCB
29m29 minutes ago
"The day after her murder, the defendant is cataloging her jewelry" #TexMcIver


Christian Boone@ReporterJCB
29m29 minutes ago
Convery: #TexMcIver lied about holding Diane's hand as she was taken into ER
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  • #1,137
Mike Petchenik@MPetchenikWSB
28m28 minutes ago
Convery: "This was not an accident." #TexMcIver.


Christian Boone@ReporterJCB
27m27 minutes ago
"We know this is not an accident...Instead we have a gun in perfect working condition. We know from testimony and common sense that guns just don't go off." Convery #TexMcIver


Mike Petchenik@MPetchenikWSB
27m27 minutes ago
Convery: The hammer was not cocked on that gun. "That is important. That is so important," she tells the jury. #TexMcIver.


Christian Boone@ReporterJCB
25m25 minutes ago
"The defendant was under pretty extreme financial stress" Convery #TexMcIver


Christian Boone@ReporterJCB
24m24 minutes ago
"Malice can be formed in an instant. It can be formed the moment your hand wraps around that trigger" Convery #TexMcIver


Mike Petchenik@MPetchenikWSB
23m23 minutes ago
Convery: We know the defendant was under pretty extreme financial stress. "He was living up here, but earning down here." #TexMcIver.
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  • #1,138
Veronica Waters@MissVWaters
22m22 minutes ago
Cara Convery to #TexMcIver jury: Your job is not to seek doubt; it's to seek truth. Says he intended to kill: "When you aim a gun at the back of your wife, you can infer he had the intent to do that."... "This gun didn't just go off; this gun had the trigger pulled." @wsbradio

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Christian Boone@ReporterJCB
21m21 minutes ago
Convery: "Those few minutes after the shooting are precious to her. And in those few moments the defendant is telling Dani Jo Carter, 'be careful, there could a woman pushing a baby carriage in the road' #TexMcIver


Aungelique Proctor@aungeliquefox5
21m21 minutes ago
State: "Malice can be formed in an instant. This was murder." #TexMcIver @FOX5Atlanta – at Fulton County Courthouse


Mike Petchenik@MPetchenikWSB
21m21 minutes ago
Convery: "There is no call to 911. The first call this defendant made was to his criminal defense attorney." #TexMcIver.


Veronica Waters@MissVWaters
16m16 minutes ago
State points out that a ranch hand was approached by #TexMcIver to take Dani Jo home that night. "Malice can be formed in an instant," she says. In the "precious" minutes as Diane's body was trying to live, McIver cautioned SUV driver to slow down on way to hospital @wsbradio

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  • #1,139
Mike Petchenik@MPetchenikWSB
15m15 minutes ago
Convery tells jury they can also consider involuntary manslaughter as an alternative to "murder." Don't check that box, she says. #TexMcIver.


Christian Boone@ReporterJCB
14m14 minutes ago
"The defendant is not guilty of involuntary manslaughter. ... (provides examples, texting while driving). "In this case, you have evidence before, during and after of the defendant's intent" Convery #TexMcIver


Mike Petchenik@MPetchenikWSB
14m14 minutes ago
Convery: "He is guilty of every count in this indictment." #TexMcIver.


Aungelique Proctor@aungeliquefox5
12m12 minutes ago
State: This defendant came into court with a cloak of innocence. That cloak has been removed. #TexMcIver @FOX5Atlanta – at Fulton County Courthouse


Veronica Waters@MissVWaters
11m11 minutes ago
State tells #TexMcIver jury why this crime does not fit involuntary manslaughter. Gives a texting-while-driving example. This is malice murder, says Cara Convery. "Tex meant to kill Diane," she says. @wsbradio
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  • #1,140
Mike Petchenik@MPetchenikWSB
11m11 minutes ago
Convery using pollen on her car to talk about common sense. That is pollen on the car. Don’t let the defense tell you it’s not, she says. #TexMcIver.


Veronica Waters@MissVWaters
6m6 minutes ago
State tells #TexMcIver jury about circumstantial evidence & common sense with a pic of a vehicle covered in pollen. Mr. Harvey or Mr. Samuel might say, Well Cara, you didn't do any testing on that! Maybe it was a disgruntled employee put stuff on your car! @wsbradio

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Christian Boone@ReporterJCB
6m6 minutes ago
Consciousness of guilt: Examples, telling Craig Stringer there was accident on Hill Street and "Diane didn't make it": Convery #TexMcIver


Veronica Waters@MissVWaters
29m29 minutes ago
State: #TexMcIver's state of mind: his actions/words=consciousness of guilt. Mentions several witnesses; details his friend Craig Stringer whom Tex told, "There's been an accident on Hill St; Diane didn't make it." Later explained fib w/, "Didn't want u mixed up in it" @wsbradio


Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Convery closes with: "We are confident you will find the defendant guilty of every count in this indictment, beyond a reasonable doubt." Defense up next. #TexMcIver.
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