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

[turaj]

Mr correct Harvey will blame his "sleeping disorder"...:sheesh:

that "disorder" is an invention for this trial and will be backed up by some high paid expert. bottom line he is an old guy who had been golfing all day in the very hot sun, had too much to drink and ate a big meal...and had no regard for gun safety and he is the cause of his wife's death.

 

[Hope4More]

I've followed this trial on YouTube & in the papers, not here. Interesting to read through the (very brief) thread here on the trial.

For me, this is the only trial I've ever followed in which pretty much every last person, including the victim, comes across as unsympathetic.

The judge is obnoxious. He's a micromanager and a control freak, and has no business demanding that attorneys(on both sides) reveal and justify trial strategy.

The State has a weak case, at best, and seemingly either didn't prep their witnesses well, or didn't listen to what their witnesses told them pretrial.

Tex comes across as unsympathetic, a liar, trigger-happy, a man who almost certainly didn't love his wife one little bit, who either shot her on purpose or moved on the same night she died, without grieving or blaming himself for her death.

The defense made a mistake eliciting any testimony about who the victim, Diane, actually was. Even her best friend, Danny Jo, couldn't conceal her distaste for Diane's temper, and her absolute rigidity about all things money related.

And- so much minute detail about so very little by the State. I bet the defense is short ..and no less annoying.

 

[BUF]

...and, have you ever seen a judge make a decision to suspend a trial for a week to take a spring break holiday at this point in a trial?

 

[Wyle_E_Coyote]

...and, have you ever seen a judge make a decision to suspend a trial for a week to take a spring break holiday at this point in a trial?

I never heard of *any* adult having spring break after they got out of college (excepting teachers, of course).

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[turaj]

...and, have you ever seen a judge make a decision to suspend a trial for a week to take a spring break holiday at this point in a trial?

it is a recipe for disaster for the jury and this judge has not been straight up with the jury about the potential length of the trial...anyone that was on this jury should have been told t his could last thru spring break week in ATL and even longer.....not a fan of this judge at all.

 

[Niner]

Monday, April 2nd thru Friday, April 6th:

*Trial Halted for Spring Break (Last Day was 14) (@ 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 three counts of influencing witnesses and bribery. Pled not guilty.
3/24/18: Prosecutors say they are unlikely to rest their case 4/9 or 10. The week (4/2-6) is spring break, resuming April 9th.

 

[alsleuther]

I never heard of *any* adult having spring break after they got out of college (excepting teachers, of course).

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Spring break is no joke around here! My county will clear out and traffic will be light all week! It is strange to me that a trial was suspended though - I have to wonder if the judge had big travel plans.

 

[turaj]

Spring break is no joke around here! My county will clear out and traffic will be light all week! It is strange to me that a trial was suspended though - I have to wonder if the judge had big travel plans.

i think that is about exactly what prompted this vacay from McIver. I also think they told the jurors to keep the month of March open without giving proper warning it could go longer.....now he pretty much assured them state is almost finished and implying short case for defense ...has never brought up rebuttal and jurors are asking questions. He also makes tons of comments in front of jury about the speed and permits speaking objections and arguments ensue that should be not in front of jury. I see online comments that people like his style etc. but more comments from fellow attorneys questioning some of this. I am also pretty sure that he re-words the questions for the jurors as he asks them and there have been some defense objections to that too.

 

[MsArk]

...and, have you ever seen a judge make a decision to suspend a trial for a week to take a spring break holiday at this point in a trial?

Especially when the majority of the jurors wanted to keep going.

 

[turaj]

Especially when the majority of the jurors wanted to keep going.

did they...if that is the case very odd other than he had plans. I thought they went with majority...what was the vote? As i recall there were 6 called in that did not want to take the break and they were vetted to see if the break happened they could alter plans and some could so if only 6 voted to work thru that means with alternates the majority ruled? I could be remembering this all wrong though.

 

[MsArk]

did they...if that is the case very odd other than he had plans. I thought they went with majority...what was the vote? As i recall there were 6 called in that did not want to take the break and they were vetted to see if the break happened they could alter plans and some could so if only 6 voted to work thru that means with alternates the majority ruled? I could be remembering this all wrong though.

Maybe you are correct. I just remember thinking that the judge seemed like he was trying to talk a few of the jurors into taking a break. Could have been my perception and I do not honestly recall the vote count.

 

[turaj]

Maybe you are correct. I just remember thinking that the judge seemed like he was trying to talk a few of the jurors into taking a break. Could have been my perception and I do not honestly recall the vote count.

well I think he was...those were the ones that did not want to stop..he was trying to find out if any absolutely could not return on the 9th. What I find odd is now repeating the problem by assuring them this will be completed that week of the 9th including deliberations...how in the world can he know that. I just don't get this judge at all.

 

[arta]

If you have children and are serving on the jury, they are out of school and need their parents. It’s not to give the adults a holiday, it’s to allow them to care for their children. Not everyone can afford full time day care for a week on a juror’s stipend of what, $10 a day.

 

[arta]

I’m shocked. Native Atlantan here. Our homicide detectives are called the Hat Squad and are known for showing up at a crime scene wearing their fedoras and immaculate suits. It is considered an honor to become a homicide detective. One issue in this trial is the disconnect between the DA’s office and the APD. Usually they work hand in hand. The APD, as evidenced by Det Smith’s testimony, never saw this as a murder. I am shocked by the rush to judgement and thus not taking the time and the steps to thoroughly investigate what happened. The DA’s office dug deeper and brought their charges as a result. Personally, I’d hate to be the victim of a murder and have Det Smith catch my case.

 

[Legally Bland]

Watching the hearing about the gun found...this Sheriff is one of the most crooked I have ever seen...another "good old boy" trying to protect his friend Tex...and why in the world is Janie Calhoun getting involved with any of this crap...she has a gun and calls him to see what to do?

BBM. I really can't find the time to watch the videos unfortunately, so many thanks for all those providing written updates and comments. Is this Sheriff Sills - and has he testified, or just referred to?

 

[turaj]

BBM. I really can't find the time to watch the videos unfortunately, so many thanks for all those providing written updates and comments. Is this Sheriff Sills - and has he testified, or just referred to?

i am honestly not sure if he is coming to testify or if they will reach an agreement in a stipulation...i think both sides have him on the list...crooked is an understatement for this guy...he was ready to go last week but did not get to him...he will protect tex and be better for defense....but can hurt them too so probably will stipulate something.

 

[turaj]

I’m shocked. Native Atlantan here. Our homicide detectives are called the Hat Squad and are known for showing up at a crime scene wearing their fedoras and immaculate suits. It is considered an honor to become a homicide detective. One issue in this trial is the disconnect between the DA’s office and the APD. Usually they work hand in hand. The APD, as evidenced by Det Smith’s testimony, never saw this as a murder. I am shocked by the rush to judgement and thus not taking the time and the steps to thoroughly investigate what happened. The DA’s office dug deeper and brought their charges as a result. Personally, I’d hate to be the victim of a murder and have Det Smith catch my case.

Yep...good example of reverse rush to judgement...rich white well known guy could not have done this.

 

[TruthIsStranger]

If you have children and are serving on the jury, they are out of school and need their parents. It’s not to give the adults a holiday, it’s to allow them to care for their children. Not everyone can afford full time day care for a week on a juror’s stipend of what, $10 a day.

True, but not all parents take off of work for a week during Spring Break. They have to find care then, during the summer, and during Winter break. I suspect the judge had some plans.

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[TruthIsStranger]

Is it all right to comment on the fact that I see no online evidence of a person who is mentioned in court being in the profession they claim to be in?

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[turaj]

Is it all right to comment on the fact that I see no online evidence of a person who is mentioned in court being in the profession they claim to be in?

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i think a comment like that is fine and I would love to hear about it...I have verified most of the players.