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1/21/2019
Jury Questions Are the Norm in Tex McIver Murder Trial | Daily Report
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Jur Questions Are the Norm in Tex McIver Murder Trial A Fulton Count jur poed 298 quetion to witnee tetifing in the ongoing murder trial of Atlanta attorne and former Fiher & Phillip partner Tex McIver. The didn't top, even after the egan delierating. By R. Robin McDonald | April 19, 2018
The lockuter quetion late Wedneda hinting at a poile acquittal of Atlanta attorne Claud “Tex” Mciver on charge temming from the fatal hooting of hi wife ha not een their onl quetion. Juror aked 298 quetion of witnee during 20 da of tetimon in McIver’ ongoing murder trial. Fulton Count uperior Court Chief Judge Roert Mcurne ha creened all of thoe quetion, ome of which he ha not allowed. The have alo not hied awa from quetion during delieration, which egan Tueda. Fulton County Court Judge Robert McBurney (Pool photo: John Spink/AJC)
The jur aked to reenter the Ford xpedition where McIver hot hi wife—thi time with McIver’ gun. The jur alo aked to ee a recording of McIver’ rt interview with Atlanta police three da after the hooting. Their rt quetion after getting the cae wa to
ee the mith & Weon .38-calier revolver that red the fatal hot. Allowing juror to ak quetion following direct and cro-examination of witnee i unuual, ut it i not unprecedented. Aked wh he wa letting juror poe quetion, Mcurne replied “Wh not?” Mcurne aid he decided to adopt the practice after learning that Judge Reggie Walton of the U.. Ditrict Court for the Ditrict of Columia allowed juror to poe quetion to witnee during the 2007 trial of attorne Lewi “cooter” Li, chief of ta to former U.. Vice Preident Dick Chene. Li, who wa convicted of perjur and otruction, wa pardoned Preident Donald Trump lat week. Mcurne aid Walton alo permitted juror to quetion witnee during the 2011 perjur trial of aeall great Roger Clemen. Mcurne aid he called Walton, then reearched Georgia law and decided “it jut might work” here, although he aid the practice initiall engendered “funn look” from ome of hi colleague. Mcurne aid he rt allowed the practice during the murder trial of Fernando Hernandez, who wa convicted of malice murder and poeion of a rearm during the commiion of a felon. In 2016, the tate upreme Court a rmed the practice ecaue juror quetion were hared with counel, who were given an opportunit to oject efore the quetion were aked. The high court alo aid the quetion Mcurne poed to the witnee on the jur’ ehalf did not improperl conve the judge’ opinion. The lawer were then permitted to poe follow-up quetion.
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1/21/2019
Jury Questions Are the Norm in Tex McIver Murder Trial | Daily Report
“I think folk eeking the truth ought to e ale to do their jo,” Mcurne aid. “It houldn’t e a paive jo. Lawer don’t have a monopol over common ene and what i relevant to a fact- nder’ miion.” If juror have quetion that go unaked, the might Google it themelve, he added. At leat one juror picked up on a reference earl in the criminal cae to a civil trial in which Diane McIver’ compan wa emroiled and in which Tex McIver erved a counel. The juror wanted to know more, and one juror aid it deerved a repone or ele omeone might Google it. “I’m jut tating the oviou,” Mcurne aid. “If there i a urning inquir out there, the will look it up.” McIver attorne ruce Harve ha ojected to the juror quetion ince the eginning, aing the practice ha ixth Amendment implication regarding a defendant’ right to a fair, impartial trial. “There are quetion ou ma not have aked, particularl deign to t in with our defene trateg and repreentation of our client,” he aid. “And then a juror ma ak that ver quetion, and the judge ma a, ‘ure,’ which completel undoe that particular trateg ou have for that witne.” Harve added that the practice alo allow the court to interject itelf into quetioning. “The Georgia upreme Court ha approved the practice,” he aid. “ut nood ha raied that critical contitutional implication.” Aitant Ditrict Attorne Clint Rucker aid the McIver trial i the rt hi in 25 ear a a litigator that he’ elded jur quetion. Rucker called the practice “ver inightful for lawer and ver educational for juror. If it doen’t create unnecear dela, it can e ver helpful.” Rucker aid that, while proecutor trategize their preentation of the evidence, juror ma not undertand it. “It’ like putting together the piece of a puzzle,” he aid. “If juror are thinking the ame wa we are … ometime it’ a trigger for me to go further.” Rucker alo took iue with Harve’ ixth Amendment concern, aing it’ not a violation. Juror egan aking quetion the rt week of the McIver trial. the time the nal leep diorder expert teti ed, the jur wa paing Mcurne a man a 20 quetion per witne. One of the rt quetion—what wa the date of the auction of Diane McIver’ clothe, antique and other poeion. Juror wanted to know wh proecution leep expert Mark Preman aid it wan’t poile for omeone to wake from a deep leep, fall ack to leep and immediatel lide into dream leep. The wanted to know wh during a leep tud, enor were placed on the head and chin ut not the lim. In quetioning mor neurologit and leep expert David Re, juror aked whether alcohol conumption ha an e ect on RM leep ehavioral diorder or confuional aroual—oth condition McIver wa diagnoed with. The wanted to know whether fatigue from phical activit, uch a plaing 18 hole of golf, could a ect an individual’ ailit to fall into a deep leep. The wanted to know if McIver wa taking medication for a diagnoed leep diorder and whether other treatment were recommended or other medical diagnoe made. The jur alo had quetion for witnee who teti ed aout McIver’ nance. The wanted to know whether a uine partner etimated the value of McIver’ invetment in a kaolin mining compan ranged from $1.5 million to $2.5 million, which McIver cahed out of for $700,000. The alo wanted to know if the mining compan intended to make an additional pament to McIver that would cover hi taxe when he old hi hare. The alo repeatedl aked aout a $350,000 loan Diane McIver made to her huand in return for mortgaging hi hare of their ranch and whether he ever paid down the principle or paid o the alance, which wa due lat ear. The alo wanted to know whether the courtappointed adminitrator for Diane McIver’ etate could forecloe on Tex McIver’ interet in the ranch. The aked the lead Atlanta homicide detective who invetigated the fatal hooting wh he aid it ounded like an accident efore he completed hi invetigation and whether he wa oligated to coordinate with the ditrict attorne. The wanted to know how man cae he worked at an given time.
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Jury Questions Are the Norm in Tex McIver Murder Trial | Daily Report
After crime cene technician teti ed aout the Ford xpedition, juror wanted to know wh the vehicle wa eized law enforcement for a econd time after Atlanta police had returned it to McIver. And the wanted to know where the UV wa.
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