‘Breakdown’ S05 Ep. 5: Already decided?


Jury selection in the Tex McIver case zeroed in almost immediately on the heart of McIver’s defense: that he killed his wife, Diane, because his .38 revolver fired by accident.

The new episode of the AJC’s podcast, “Breakdown: The McIver Murder Case” dropped early Monday. Episode 5 explores the issues that arose in jury selection and also sets the table for the beginning of testimony.

» FULL COVERAGE: Tex McIver murder trial

Last week, several prospective jurors with knowledge of guns said that they just didn’t buy McIver’s claim.

“It would be very unlikely to have been an accident in that situation,” said Juror 14, who said he’s been carrying a concealed weapon for 10 years.

And Juror 19: “Someone’s got to pull the trigger. They don’t accidentally discharge.”

Juror 56: “My opinion is Mr. McIver is guilty of killing his wife. I own 39 guns and I know they don’t just go off.”

All were dismissed for cause.

And then there was Juror 11.

“I don’t really want to hear about it,” Juror 11 said of the case. “I’ve got work to do. I’m losing money coming here. I just don’t care. It had nothing to do with me and I don’t care to be a part of it.”

Fulton County Superior Court Judge Robert McBurney, known for championing jury service, asked Juror 11 to wait outside while the judge and the lawyers discussed whether to excuse him. Juror 11 actually asked how long that would take.

Listen to Episode 5 of Breakdown to learn the unexpected answer to that question. You can find us at Apple Podcasts, on Stitcher or your favorite podcast platform. Or you can stream it right here, right now:



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