Fulton County Senior Assistant District Attorney Seleta Griffin examines a witness during the third day of trial for Tex McIver on Thursday. Griffin presented the prosecution’s opening statement earlier in the week. ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

‘Breakdown’ S05, Ep. 6: McIver Goes to Trial

The first week of the prosecution’s case against Tex McIver is in the books. The state scored some serious points last week but also landed a few self-inflicted blows.

» Full coverage of the Tex McIver murder trial

The AJC’s “Breakdown” podcast explores that first week in depth in a new episode that posts early Monday.

In a concise and effective opening statement, assistant DA Seleta Griffin told the jury it would hear certain things from certain witnesses and would see certain evidence that suggests Tex McIver’s guilt.

But the state failed to deliver on some of those promises. A witness’s testimony didn’t prove to be as damning as advertised. A video that was supposed to show a nonchalant Tex McIver arriving at Emory Hospital’s ER appeared to show the opposite. McIver was out of the car even before it stopped, calling out “Gunshot!”

Tex McIver listens to witness Terri Sullivan on Day 4 of his murder trial in Fulton County on Friday. STEVE SCHAEFER / SPECIAL TO THE AJC
Photo: The Atlanta Journal-Constitution

These were problems the state created for itself – problems that may have left the jury wondering about the prosecution’s competence and credibility.

Nevertheless, the state also hammered McIver with newly disclosed evidence of his weakened financial state.

And it broke some news that cast McIver in a very bad light. For example, one witness testified that, even before Diane’s memorial service, McIver spoke of the possibility of dating a woman who had been a good friend of Diane’s. In addition, a crematory disclosed that, in spite of reminder calls, McIver never retrieved his wife’s ashes; a friend of Diane’s learned that the ashes were still at the crematory a month later, paid the $1,600 owed for the cremation and collected the remains.

You may download Episode 6 from Apple Podcasts, Stitcher or your favorite podcasting platform. Or you can stream it from myajc.com, right here, right now:

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