Following a withering opening statement by the prosecution, Tex McIver's defense countered that the evidence is on their side.
And so was Diane McIver, said defense co-counsel Amanda Clark Palmer in her opening Tuesday morning. Clark Palmer recounted Diane’s death-bed conversation with an emergency room physician at Emory Hospital.
“What she says to Dr. (Susan) Hardy, without any prompting, ‘It was an accident,’ she said.”
Credit: Channel 2 Action News
Credit: Channel 2 Action News
All things McIver: To read our previous coverage of the Tex McIver case and find links to our “Breakdown” podcast, visit myajc.com/crime/.
When Diane McIver was shot, Tex McIver was sitting behind her in the backseat of their SUV. Diane’s best friend Dani Jo Carter was driving.
Palmer said the gun was still inside a plastic bag when it was fired and was being held in a sideways position. Fired into the back of the seat, the bullet that killed his wife could’ve just as easily deflected and hit him, Palmer said.
Credit: Channel 2 Action News
Credit: Channel 2 Action News
“The evidence is going to show you that it is not a guarantee, or even likely, that you would be able to kill somebody in this method,” she said.
Minute by minute: Follow our live blog, with real-time updates throughout the McIver trial.
Palmer also disputed claims that McIver was trying to manipulate evidence and suppress witnesses — specifically the state’s assertion that the defendant exerted pressure on driver Dani Jo Carter’s husband.
MAP: How the McIver shooting unfolded
“Before he ever calls Tom Carter, he tells police he shot Diane and Dani Jo was in the car,” Palmer said. “Why on earth would he call her up and say now you have to change your story?”
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