Two weeks before Claud “Tex” McIver’s murder trial was to begin, the prosecution filed an unusual motion.
The state wanted to delay the trial, scheduled for Oct. 30 because, it said, the defense might not be ready.
“What am I supposed to do with that?” said William Hill, lead defense attorney for McIver. “Which is why I didn’t file a response. … It is so transparently disingenuous and it is so blatantly gamesmanship that there is no intelligent response that I can make.”
» Breakdown, Season 5: The McIver Murder Case
Episode 2.5 of the AJC podcast, "Breakdown: The McIver Murder Case," will be available early Monday on iTunes, Stitcher or your favorite podcasting platform. You can also stream it from right here, right now (player below).
McIver is charged with malice murder in the shooting death of his wife, Atlanta corporate executive Diane McIver. He says the shooting was a tragic accident.
» McIver trial delayed until March
» McIver shooting a tale of love, race and class
Fulton County Superior Court Judge Robert McBurney said he decided to delay McIver’s trial until March 5 because both sides needed more time to prepare.
On the prosecution side, the state wants time to review the contents of 30 boxes of material its investigators seized from McIver. Chief Assistant District Attorney Clint Rucker says the boxes may contain evidence of a financial motive for Diane McIver’s murder. The defense, meanwhile, needs time to review 90,000 emails from Diane’s corporate account — emails that were just recently delivered to the defense by the prosecution. McIver’s defense team will be looking for evidence of warm or loving exchanges between the McIvers.
This fifth season of “Breakdown” will go on hiatus after Monday until a week before the McIver trial begins.
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