February 28, 2018 Atlanta - Tex McIver sits with his defense attorneys Amanda Clark Palmer, Bruce Harvey and Don Samuel during a pretrial hearing for Tex McIver before Fulton County Chief Judge Robert McBurney on Wednesday, February 28, 2018. HYOSUB SHIN / HSHIN@AJC.COM

‘Breakdown’ S05, Ep. 4: Legal strategy

The Tex McIver murder trial commences Monday, the same day a new episode of our podcast, “Breakdown: The McIver Murder Case,” drops.

The prosecution and the defense will begin jury selection on Monday. But in Episode 4 of “Breakdown,” host Bill Rankin leaps ahead to examine the trial strategies of both sides.

» The key question: Accident or murder?

The analysis finds that both the prosecution and defense face major challenges in court.

This is a Smith & Wesson .38 similar to the one that killed Diane McIver. The 638 model has a “shrouded” hammer so it will not catch on clothing when its owner pulls the weapon from a pocket.
Photo: The Atlanta Journal-Constitution

For the state, it’s the question of motive. Why did McIver shoot and kill his wife, Diane? Prosecutor Clint Rucker told the court last week that he believes Diane wrote a second will that would have hurt Tex financially. But Rucker has not been able to find such a will.

For the defense, the major challenge is Tex McIver himself. McIver’s words and deeds in the days and weeks after the shooting could not have cast him in a much worse light. The defense will have its hands full trying to undo the damage McIver did to himself.

“Breakdown,” Episode 4, went live early Monday morning. You can find it on Apple Podcasts, Stitcher or your favorite podcasting platform. Or you can stream it directly from our website, right here, right now: