‘Breakdown’ S05 Ep. 2.5: McIver trial delayed, with fireworks

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.

JOIN THE DISCUSSION: Join the Breakdown Podcast Facebook group for more AJC coverage and behind-the-scenes looks at previous Breakdown seasons.

Reader Comments ...

Next Up in Local

Man indicted for allegedly kidnapping woman, daughter from Cobb home
Man indicted for allegedly kidnapping woman, daughter from Cobb home

A man has been formally charged with kidnapping a woman and her daughter in July. Daniel Robert Green, 34, was indicted Oct. 11 on two counts of kidnapping and single counts of burglary along with child cruelty, according to court records. The man took the woman, who police said was his ex-girlfriend, and her 5-year-old daughter to his home in Jasper...
2 Dekalb officers injured after chase ends in crash
2 Dekalb officers injured after chase ends in crash

Two DeKalb County police officers were injured Wednesday after a chase ended in a crash near Flat Shoals Road, a police spokesman said.  DeKalb County police Sgt. J.D. Spencer said at one point during the chase there was an accident involving the two officers. The officers were seated in their patrol cars at the time of the accident. They were...
Q&A on the News

Q: The AJC had a story in August about CSX possibly abandoning a section of rail in Cobb County, clearing the way for the expansion of the Silver Comet Trail. The article cited a study by the Northwest Georgia Regional Commission, which stated the trail’s economic impact to Georgia amounted to $118 million and 1,300 jobs. What specific costs/activities...
Atlanta entrepreneurial college students can compete for $25K cash
Atlanta entrepreneurial college students can compete for $25K cash

Atlanta college students may apply to compete for a hefty prize, including services to help build their business. The Atlanta chapter of Entrepreneurs’ Organization, a global business network, is calling for local entries in the first round of the Global Student Entrepreneur Awards. The student entrepreneurs will present their business...
Atlanta has first chief housing officer
Atlanta has first chief housing officer

Atlanta Mayor Keisha Lance Bottoms recently announced the appointment of Terri Lee as the city’s first Chief Housing Officer during a gathering of more than 100 cross-sector non-profit, corporate, community and affordable housing leaders, according to a press release. Lee was most recently the Deputy Commissioner of the City of Atlanta Department...
More Stories