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

[arta]

I was in the courtroom until 2:45 when judge broke for lunch. Listened to all closing arguments. The weakest was the state’s initial DA, a lady with long dark hair. I think her last name is “Crockery”. Then Samuels, whose attempt at being a folksy Matlock came across as condescending and the jurors looked expressionless. Next up Harvey and my friend & I kept scribbling & passing notes back & forth as pretty much every other sentence was as she put it, slippery as snot. Jurors looked stone faced. I was frankly surprised that someone as famous as Harvey would crash and burn. There was a few minutes and then Clint Rucker started his closing. We could barely hear the first lady, Samuels or Harvey. Clint Rucker’s voice was clearly audible and commanding. He focused on the life that Diane McIver had, one that she created despite being born in a trailer park in AL. He was impassioned. He made me cry. Having had a family member killed in a shooting, he really struck a chord with me. He kept everyone focused on who she really was, acknowledging that she was sharp tongued and careful with her money. He skillfully wove the facts of Diane’s life and how Tex clearly disrespected her and did not follow through on agreements they made. How Tex was definitely not the Southern gentleman he portrayed himself to be. Seeing the photo of her cremains, carelessly tossed into a closet, and the post mortem photo of her on the operating table spoke louder than his impassioned words. He urged the jurors to stand up for Diane. It took a lot not to stand up myself. Clint Rucker was masterful. Tex deserves to spend the rest of his days in a penitentiary. And by the way, jurors’ heads were nodding and very animated while he spoke. I’m no jury consultant but it did appear the jurors were with Clint Rucker. Today’s jury questions sounded favorable for Tex so who knows?

 

[turaj]

I was in the courtroom until 2:45 when judge broke for lunch. Listened to all closing arguments. The weakest was the state’s initial DA, a lady with long dark hair. I think her last name is “Crockery”. Then Samuels, whose attempt at being a folksy Matlock came across as condescending and the jurors looked expressionless. Next up Harvey and my friend & I kept scribbling & passing notes back & forth as pretty much every other sentence was as she put it, slippery as snot. Jurors looked stone faced. I was frankly surprised that someone as famous as Harvey would crash and burn. There was a few minutes and then Clint Rucker started his closing. We could barely hear the first lady, Samuels or Harvey. Clint Rucker’s voice was clearly audible and commanding. He focused on the life that Diane McIver had, one that she created despite being born in a trailer park in AL. He was impassioned. He made me cry. Having had a family member killed in a shooting, he really struck a chord with me. He kept everyone focused on who she really was, acknowledging that she was sharp tongued and careful with her money. He skillfully wove the facts of Diane’s life and how Tex clearly disrespected her and did not follow through on agreements they made. How Tex was definitely not the Southern gentleman he portrayed himself to be. Seeing the photo of her cremains, carelessly tossed into a closet, and the post mortem photo of her on the operating table spoke louder than his impassioned words. He urged the jurors to stand up for Diane. It took a lot not to stand up myself. Clint Rucker was masterful. Tex deserves to spend the rest of his days in a penitentiary. And by the way, jurors’ heads were nodding and very animated while he spoke. I’m no jury consultant but it did appear the jurors were with Clint Rucker. Today’s jury questions sounded favorable for Tex so who knows?

thank you so much for that review of the day...I think there must be much discussion going on in the jury room because I have read elsewhere the exact opposite impressions of closings..and that the jury connected with Samuel. All valid impressions and there is nothing like being in the courtroom. I think, based on the questions today we will get a verdict this week and maybe even tomorrow. I only hope it is not hung.

 

[arta]

It was fascinating to see Dani Jo sat with Team Diane a couple rows in front of me. Vinnie Politano was there for a while and I also saw Austin’s mom, the masseuse lady and a score of Buckhead Betties, their blonde waves so perfectly blown out, gobs of make up, jewelry and fancy clothes. The DA, Paul Howard, was there all the time I was. Very surprised by demeanor of some in the gallery. A woman behind me was carrying on an animated convo, another woman loudly rustled open a packet of crackers and a soda, idiots who forgot to put their phones on silent, etc. But once Clint Rucker started speaking, you could hear a pin drop. I was moved to tears. Whether you liked Diane or not, she like all of us had the right to live out her days and die a natural death.

 

[arta]

I came in prepared for anything to happen. Given that closing arguments are the one time the attorneys can speak to the jury without being interrupted, you expect to be dazzled by their oratory. Samuels just looked tired and uninvolved. Suddenly sounding so chummy just did not strike a sincere chord with me, not to mention that we could hardly hear him. Ditto Harvey, who was slick but did not connect emotionally with anyone. Clint Rucker delivered the goods. If I were Diane, I would be grateful that somebody finally spoke so masterfully on my behalf. But again, I’m not a jury consultant or a lawyer. Just an Atlanta native.

 

[Ember123]

WHAAAAAATTTTTTT?!?!?!???? IF Tex walks out of there with a slap on the wrist I will be so disgusted!!! Of all directions that gun could have "accidentally" gone off, it just happened to hit Diane near the heart?! WTH could be the reason anyone is thinking it accidental? No way!!!

 

[arta]

I can see myself in a couple of these photos. I need a makeover, STAT!

 

[arta]

Wondering if arta is any of the pictures of the gallery!!?? Maybe she'll let us know when she gets back!

Yes, Niner, I am & not about to point myself out! I looked awful. Had my Thinking Face on, apparently not a good look for me!

 

[turaj]

So funny Buckhead Betties...I have noted them...I assume they sit with Ms. Dixie? I wish I go have been in there...these reports help to put some perspective on things...did you have any problem getting a seat? It seemed really crowded in there.

 

[YESorNO]

arta- thank you for your analysis of the closings. I felt the same way you did when I heard them.

Everyone has their own opinions of them. No one is right or wrong about them, but your impressions on the jurors reactions says a lot. But still, we won't know what they will do until the actual verdict.

Thank you again. Are you going to be in the courtroom again maybe for the verdict? Would you have enough time to get there if the court gets a heads-up that the jury has a verdict? They usually give people at least 20 min to get there.

 

[arta]

So funny Buckhead Betties...I have noted them...I assume they sit with Ms. Dixie? I wish I go have been in there...these reports help to put some perspective on things...did you have any problem getting a seat? It seemed really crowded in there.

We took an Uber there and back & made sure we were in the courthouse by 8:30am. Years ago a defendant grabbed a deputy’s gun in the courthouse and shot and killed the judge and others. Ever since then, security is very tight and there is always a crowd of people waiting to be x-rayed before being allowed in. I knew if we were not there by 8:30 we were risking not getting a seat. It worked out perfectly. We got to sit where we wanted and I was able to point out the various people who were important to the case. Not sure which one was Miss Dixie; those aging blondes all look identical. ��

 

[arta]

arta- thank you for your analysis of the closings. I felt the same way you did when I heard them.

Everyone has their own opinions of them. No one is right or wrong about them, but your impressions on the jurors reactions says a lot. But still, we won't know what they will do until the actual verdict.

Thank you again. Are you going to be in the courtroom again maybe for the verdict? Would you have enough time to get there if the court gets a heads-up that the jury has a verdict? They usually give people at least 20 min to get there.

I do want to be clear that my impressions of the jury are just that; I certainly think that Tex is guilty but I am not a juror -nor do I play one on TV.

I would very much like to be there for the verdict. It really depends on where I am when I realize it’s time to go to court. I would typically need an hour to get there. After the trial is over I may share more about my connections to this very interesting case.

 

[Niner]

Oh I was hoping to see a verdict this morning.... yes, very interesting questions from the jurors!

Didn't see anywhere "how long" the jurors deliberated yesterday (Wednesday).... or did I miss it? I'd like to put those in my notes!

And thanks all for keeping this thread going!

:tyou: arta for your personally observations in the court room! :happydance:

I do want to be clear that my impressions of the jury are just that; I certainly think that Tex is guilty but I am not a juror -nor do I play one on TV.

I would very much like to be there for the verdict. It really depends on where I am when I realize it’s time to go to court. I would typically need an hour to get there. After the trial is over I may share more about my connections to this very interesting case.

I'm LOLing re bold. My Mamma played a juror on TV! Some movie with Treat Williams.... thanks for the memory!

Hope you can get to the court house when there is a verdict!

 

[Niner]

*Trial continues VERDICT WATCH - (Day 23) (@ 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.
4/17/18 Update: 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.
Jury started deliberation on 4/17/18 at 3:35pm ET. Approximately 1 1/2 hours of deliberations. 4/18/18-jurors deliberated for....

 

[turaj]

I do want to be clear that my impressions of the jury are just that; I certainly think that Tex is guilty but I am not a juror -nor do I play one on TV.

I would very much like to be there for the verdict. It really depends on where I am when I realize it’s time to go to court. I would typically need an hour to get there. After the trial is over I may share more about my connections to this very interesting case.

Absolutely respect they are your views....and at the end of the day the only way we really will know what they were thinking is if they talk. Given what I have read about the ATL opinions on Tex if they vote NG on most or all not so sure they will be talking...but one can hope. And look forward to any more comments on "connections" Arta.....I love legal analysis but nothing like the more personal comments to make a trial interesting. I hope you can be there for the verdict. Did you see anyone that remotely looked like at least his son Robbie? I know most are estranged but he was the only one that Tex has spoken with in the years since he married Diane. It was mentioned that they did not like Diane at all.

 

[YESorNO]

Wild About Trial Live Feed (WAT)

https://wildabouttrial.com/live-streaming/tex-mciver-trial-live-stream/
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CBS46 Live Feed

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11Alive

http://www.11alive.com/article/news...l-live-feed-and-ongoing-coverage/85-528076775
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[YESorNO]

Today's the day for the verdict.

I talked to the Shamans this AM and they said so........

:floorlaugh:

 

[Tortoise]

My prediction based on jury communications is hung or guilty.

I don't think a unanimous not-guilty jury would worry about convicting on just that one charge of influencing witnesses, so my feeling is it came up as a point of persuasion that if you agree guilt on that charge was proven it establishes overall guilt. I also think the car demonstration / bullet trajectory test is more likely to be for jurors who have doubt, not those seeking to create doubt.

I hope I don’t see him smiling again. Ever optimistic

 

[MsArk]

I was watching some commentary yesterday and didn’t realize Tex was out on bond. I thought he remained in jail after his charges were upgraded.

 

[YESorNO]

Guilty or not? Tex McIver jury deliberations continue (with clip)

"ATLANTA - Jurors returned to the Fulton County Courthouse Wednesday for a second day of deliberations in the murder trial of Claud “Tex” McIver....

After seven hours of deliberations Wednesday jurors came forward with three questions, the first of which could be viewed as promising news for the defendant...

Jurors deliberated until 5 p.m. before leaving for the day. They will return Thursday at 9 a.m. and will begin the day by rewatching Tex McIver's APD interview.

Here's a list of the charges McIver is facing and the sentences associated with them:

1. MALICE MURDER (Mandatory Life sentence) (With or Without parole is at judge’s discretion)
1A. INVOLUNTARY MANSLAUGHTER (1-10 years in prison)

2. FELONY MURDER (Mandatory Life Sentence) (With or Without parole is at judge’s discretion)
2A. INVOLUNTARY MANSLAUGHTER (1-10 years in prison)

3. AGGRAVATED ASSAULT (1-20 years in prison)

4. POSSESSION OF A FIREARM DURING COMMISSION OF A FELONY (5 years tacked onto other sentence)

5. INFLUENCING A WITNESS (1-5 years in prison)

On any charge, but murder, the judge could also give McIver probation."

https://www.wsbtv.com/news/local/at...-mciver-jury-deliberations-continue/734118532
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Niner- so 7 hours yesterday.

 

[YESorNO]

Law & Crime Network@LawCrimeNetwork
3m3 minutes ago
#TexMcIver - When the jury returns this morning they will come in the courtroom to watch the APD interview with McIver as requested yesterday.