Attorneys in the Claud “Tex” McIver case will be back in court Thursday for a hearing that could determine whether the Atlanta lawyer’s murder trial will start on Oct. 30 as scheduled.
McIver’s lawyers would like to delay the trial but only if they can secure bond for their client, which prosecutors oppose. And while the state has yet to view all the papers and materials seized from McIver’s condo back in April, they vow to be ready.
"We are going to be ready Oct. 30 by hook or by crook, " lead prosecutor Clint Rucker said recently.
The People vs. Tex McIver
McIver is charged with fatally shooting his wife in September 2016 while they were passengers in an SUV driving near Piedmont Park. McIver says the shooting was an accident; prosecutors have suggested a financial motive. He's also charged with attempting to influence witnesses, including the couple's friend, Dani Jo Carter, who was driving their SUV. McIver has been jailed without bond since April following the discovery of a pistol in his condo.
90,000 emails in 25 days
On Friday, defense attorney Joe Sharp said prosecutors only recently handed over a thumb drive belonging to McIver's late wife, marketing executive Diane McIver.
"There's no way we can get through 90,000 emails in the next 25 days, " Sharp said during a pre-trial motions hearing.
The emails appear to be from Diane McIver’s work computer. She was president of Corey Airport Services. Whether they contain anything relevant to the case against her husband is unclear.
Sharp accused prosecutors of aiming to "jam us up before trial" by waiting until the last minute to turn them over.
Smear campaign?
The defense wants the judge to separate the murder counts against McIver from the influencing witness charges, fearing a juror backlash due to circumstances tied to the alleged tampering. McIver, a former state elections board member, is accused of asking his public spokesman to retract a statement in which he said he pulled out his gun once the car happened upon a Black Lives Matter rally.
What’s next?
A discussion about jury selection is on the agenda for Thursday’s hearing though that could change if the two sides agree to postpone McIver’s trial.
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