Massage therapist Annie Anderson reacts as she is asked on the stand whether she had a sexual relationship with Tex McIver. The prosecution continually connected Anderson and defendant Tex McIver, hinting at a sexual relationship between the two. Anderson testified for the defense last week that she had never had such a relationship with McIver: “1,000 percent never.” Bob Andres / email@example.com
McIver’s team put up a sleep expert, who explained how REM behavior disorder works. Most of us don’t move a great deal while asleep: our dreams are inside our heads, walled off from the physical world. But people with RBD, according to Dr. David Rye’e testimony, break through that barrier, sometimes acting out in the physical world what they’re experiencing in the dream world.
» Closing arguments set for Tuesday
Rye cited the example of a French former national soccer player not only kicking in his sleep but celebrating with upraised arms when he dreamed of scoring a goal. The doctor also said that REM behavior disorder can be hazardous to both the person acting out the dream and anyone in the same bed. He cited black eyes and broken bones, among other consequences.
Tex McIver has been diagnosed with REM behavior disorder. His implication was that the shooting of Diane McIver could have resulted from McIver jerking the gun in his lap while sleeping.
» Photos: The witnesses in the Tex McIver trial
The defense also put up the estate attorney who handled Diane McIver’s will. Stan Smith testified that the estate didn’t have the cash to cover about $350,000 in cash bequests that Mrs. McIver provided for. Smith says he recommended to Tex McIver that he catalog and sell off Diane’s clothing, jewelry and furs to raise cash for the estate.
This was critical, because McIver has been condemned for auctioning his wife’s belongings. Smith also said he advised McIver to move quickly on the sale.
“Her clothing was stylish clothing,” Smith said. “To the extent you waited until the next year, they could be out of style, and the value would go down very quickly. Secondly, I understood them to be primarily winter clothes. You’re going to get a much better price if you sell them during the winter than if you wait and try to sell them during the summer. Especially with regard to the furs. She had 137 furs.”
Episode 10 of “Breakdown” is available at Apple Podcasts, on Stitcher or on your favorite podcast platform. Or you can stream it directly from the AJC website, right here, right now: