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

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  • #1,001
I'm going to say NO McIver is NOT going to take the stand....
 
  • #1,002
Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Defense wants #TexMcIver to be able to tell the judge whether he'll testify outside the presence of prosecutors. "5th and 6th Amendment," Don Samuel says.

:eek:

Judge never heard of this...
 
  • #1,003
Defense wants judge to talk to Tex about if he is testifying in private...outside of the state & public. Something about 6th amendment.
 
  • #1,004
Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Don Samuel doesn't want #TexMcIver to answer the judge's question in public either. "I don't know what will end up on TV," he says.

Another..:eek:

Aungelique Proctor@aungeliquefox5
46s46 seconds ago
Defense wants #TexMcIver to talk to judge about testifying without prosecutors present. The judge says he has not had this request before. @FOX5Atlanta – at Fulton County Courthouse

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  • #1,005
Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Judge won't grant #TexMcIver the right to answer whether he'll testify outside of the presence of public or prosecutors.
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Another Jodi Arias???
 
  • #1,006
Aungelique Proctor@aungeliquefox5
2m2 minutes ago
Judge says he will not grant the defense request to allow #TexMcIver to talk to the judge about his testimony outside of the presence of prosecutors. @FOX5Atlanta – at Fulton County Courthouse

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Sit down Harvey....
 
  • #1,007
Mike Petchenik@MPetchenikWSB
46s46 seconds ago
BREAKING NEWS: #TexMcIver tells judge he will not testify in his own defense.


Veronica Waters@MissVWaters
37s37 seconds ago
#BREAKING: #TexMcIver tells the judge that he understands his rights, and is choosing not to testify at his murder trial. @wsbradio

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Veronica Waters@MissVWaters
54s55 seconds ago
The #TexMcIver defense team actually asked the judge for permission to have the conversation with McIver about whether he'd testify....OUTSIDE the presence of the public or prosecution. Bruce Harvey suggested a private colloquy with the court reporter only @wsbradio

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  • #1,008
Veronica Waters@MissVWaters
2m2 minutes ago
#BREAKING: After brief re-cross by the State, in which crime scene analyst Ross Gardner said that the photo from APD of how McIver demonstrated holding his gun is "inconsistent" with his trajectory analysis, #TexMcIver attorney Don Samuel says the defense rests (2:12PM) @wsbradio



Mike Petchenik@MPetchenikWSB
34s35 seconds ago
BREAKING NEWS: The defense has rested its case in the #TexMcIver trial.
 
  • #1,009
Mike Petchenik@MPetchenikWSB
51s52 seconds ago
Samuel renews his motion for a directed verdict on cts. 1-5 against #TexMcIver.


Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver lawyer Don Samuel renews the defense motions for a directed verdict on indictment counts 1-5. Focusing particularly on the remaining Influencing Witness count involving Dani Jo Carter @wsbradio

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  • #1,010
Judge isn't going to drop it
 
  • #1,011
I don't think he should, IMO.
 
  • #1,012
Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Judge says it wouldn't be irrational for jury to conclude that #TexMcIver told Dani Jo Carter to lie at the hospital, and isn't inclined to acquit on count 5.

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  • #1,013
Cathy Russon@cathyrusson
3m3 minutes ago
#TexMcIver - Don Samuels argues to have count 5 dismissed. That's the Influencing Witnesses charge involving asking Dani Jo to say she wasn't there when Diane was shot.

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Sit down Samuels...
 
  • #1,014
Veronica Waters@MissVWaters
44s44 seconds ago
Defense centering its argument on whether #TexMcIver criminally influenced Dani Jo Carter on the fact that WHEN McIver told her to lie to police, he didn't outright SAY, "It's OK to lie to the police." Judge McBurney ponders, says, "All right! I'll think about that one" @wsbradio

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Mike Petchenik@MPetchenikWSB
1m1 minute ago
Judge denies motion for him to acquit #TexMcIver on cts. 1-4. Still thinking about ct. 5, the other witness influencing charge.

:denied:
 
  • #1,015
Veronica Waters@MissVWaters
2m2 minutes ago
Now #TexMcIver lawyer asks for a mistrial based on the Black Lives Matter evidence...it made it racially-charged, says Don Samuel, and is why they wanted to sever that count from the murder trial--points out judge granted directed verdict on that count @wsbradio


Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Judge denies the defense motion for a mistrial over allowing #TexMcIver #BLM statements in at trial, even though judge tossed the charge related to it.

:denied:
 
  • #1,016
Veronica Waters@MissVWaters
2m2 minutes ago
Prosecutor Clint Rucker says State's rebuttal involves as many as three witnesses: a sleep expert, financial expert Dean Driskell, and #TexMcIver friend, Putnam Co. Sheriff Howard Sills. Those will come Monday; that's when the jury view of the SUV will likely be, too @wsbradio

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Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Judge is sending the #TexMcIver jury home now. State will put up the rebuttal witnesses on Monday. Closing arguments will be Tuesday, he forecasts.
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  • #1,017
Tex McIver Trial Day 19 Part 1

[video=youtube;rppI-kUK6gw]https://www.youtube.com/watch?v=rppI-kUK6gw[/video]
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  • #1,018
I can't stand this grandstanding, fake, lying prosecutor. IMO, he's a disgrace and should be fired.
 
  • #1,019
Tex McIver tells judge he will not testify; defense rests its case

"ATLANTA - Day 19 of testimony in the Tex McIver murder trial is underway....

He was facing a 7-count indictment, but Wednesday, the judge threw out two charges of influencing witnesses.

The decision came one day after the prosecution rested its case. The state called nearly 70 witnesses over 16 days. Those witnesses included the lone witness to the shooting, other family friends, doctors, nurses, investigators, colleagues and more. Here's a look at the witnesses who took the stand for the state.

The defense presented for three days and then rested its case Friday afternoon...."

https://www.wsbtv.com/news/local/at...me-scene-in-tex-mciver-murder-trial/731734726
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  • #1,020
Mike Petchenik@MPetchenikWSB
56s57 seconds ago
Judge says he is going to allow jurors to see the #TexMcIver SUV in person. They are working through the logistics of that now.

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