Could Tex McIver trial be moved? Judge says it’s a possibility

03/05/2018 — Atlanta, GA — Fulton County Chief Assistant District Attorney Clint Rucker reads over notes during the first day of jury selection for the Tex McIver case before Fulton County Chief Judge Robert McBurney on Monday, March 5, 2018. ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

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03/05/2018 — Atlanta, GA — Fulton County Chief Assistant District Attorney Clint Rucker reads over notes during the first day of jury selection for the Tex McIver case before Fulton County Chief Judge Robert McBurney on Monday, March 5, 2018. ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

A recurring bias among prospective jurors led the judge in the Tex McIver murder trial to wonder aloud Tuesday if the defendant can receive a fair hearing in Fulton County.

“We are definitely moving in the direction of, ‘Do we get a jury in Fulton County?’” said Fulton Superior Court Judge Robert McBurney, who noted that of  the second pool of 48 prospective jurors, 27 indicated some sort of bias or prejudice against McIver. The 75-year-old attorney is accused of intentionally shooting his wife as the couple were being driven by a friend through the streets of Atlanta. McIver says the shooting was accidental.

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03/06/2018 -- Atlanta, GA - Claud "Tex" McIver listens to his lawyer as he speaks with a potential juror during the second day of jury selection for his case before Fulton County Chief Judge Robert McBurney on Tuesday, March 6, 2018. ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

Credit: ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

03/06/2018 -- Atlanta, GA - Claud "Tex" McIver listens to his lawyer as he speaks with a potential juror during the second day of jury selection for his case before Fulton County Chief Judge Robert McBurney on Tuesday, March 6, 2018. ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

Credit: ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

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03/06/2018 -- Atlanta, GA - Claud "Tex" McIver listens to his lawyer as he speaks with a potential juror during the second day of jury selection for his case before Fulton County Chief Judge Robert McBurney on Tuesday, March 6, 2018. ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

Credit: ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

Credit: ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

Jury selection has moved along at a plodding pace since Monday morning, with only 20 citizens from the first pool of 48 still eligible to serve. It appears unlikely the number will be that high from the second pool. Forty two citizens must be qualified before a jury can be impaneled.


Stay with The Atlanta Journal-Constitution for every twist and turn in the Tex McIver murder trial. We’ll provide minute-by-minute courtroom action as well as in-depth legal analysis of what it all means. Find links to our daily coverage, the “Breakdown” podcast, and previous stories at our website, myajc.com/crime

Also watch trial developments on Twitter, @reporterJCB.