The latest: Most lawyers say picking a jury is the most important part of a trial —"especially in a circumstantial case like (the Tex McIver murder trial)," said criminal defense attorney Esther Panitch, who has followed the proceedings closely. Few would disagree that it's the most tedious. But the end is in sight after three days of questioning potential McIver jurors. And with fewer citizens from the third jury pool reporting any bias or prejudice toward the defendant, it's highly doubtful a change of venue will be sought.
Too close for comfort: "I find it very uneasy to be involved in sitting in a situation where I would be making an opinion on someone I have great respect for," said Juror 80, who worked for a company that received legal counsel from Tex McIver. Still, when he heard McIver claim, through media reports, that the shooting of his wife, Diane, was an accident, Juror 80 recalled saying, "that doesn't sound right." He was excused from service.
Quotable: "I think the handling of the firearm (was) very careless and I want to use the term idiotic," said Juror 95. McIver, according to the prospective juror, violated the two most basic rules of gun safety: "(A)lways have your gun pointed down range and never, ever take the safety off unless you're ready to pull the trigger." He was excused for cause.
Moving out? On Tuesday,Fulton County Superior Court Judge Robert McBurney raised the possibility of a change of venue, noting many prospective jurors have shared opinions that McIver is guilty. But that won't happen without a motion from the defense, and so far they've shown no inclination to move the trial from Atlanta.
What's next: Questioning of the third pool of 48 citizens will resume Thursday. Jury selection is expected to last into Friday, with opening statements most likely to occur Monday.
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 the previous stories at our subscriber website, myajc.com/crime/.
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