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Speaker 1: Things have gotten even worked sport Text Mgiver. Prosecutors are

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Speaker 1: now saying text mge iver intentionally pulled the trigger, killing

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Speaker 1: his wife. Diane McIver says he was sitting in the

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Speaker 1: backseat of a car holding a pistol when it accidentally

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Speaker 1: went off and shot his life. According to the indictment,

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Speaker 1: mcgeiver told Danny Joe Carter, the woman who was driving

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Speaker 1: the couple that night, to tell the police that she

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Speaker 1: wasn't there. The indictment also says that Mgiver told his

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Speaker 1: spokesperson he was holding a gun that night because he

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Speaker 1: was afraid of Black Lives Matter protests. This is crime

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Speaker 1: Stories with Nancy Grace. Prosecutors believe Diane Mgiver had a

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Speaker 1: secret updated will that text mcgever is hiding. They also

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Speaker 1: believed that secret will might provide evidence of motive in

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Speaker 1: her death. There's no financial motive, there's no jealousy, there's

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Speaker 1: absolutely no motive. She is dead. She was beautiful, educated,

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Speaker 1: had closets and closets of clothes and shoes and bags

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Speaker 1: from all over the world. I mean, I'm embarrassed just

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Speaker 1: sitting here and my same old running shorts. Well they're

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Speaker 1: actually need ties. My tennis shoes in my brave shirt.

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Speaker 1: This woman was absolutely stunning in every way, not only

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Speaker 1: that she was a businesswoman without compare because she ran

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Speaker 1: an incredible business, very successful. No idiot by any stretch,

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Speaker 1: and she's dead. What happened, well, according to her husband,

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Speaker 1: a prominent lawyer, he fell asleep in the back seat

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Speaker 1: as they were driving home, and whoops, pull the trigger

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Speaker 1: and shot her in the back. I am I supposed

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Speaker 1: to actually believe that, I Mancy Grace, this is crime stories.

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Speaker 1: Thank you for being with us. With me is renowned

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Speaker 1: defense attorney Renee Rockwell in court when that husband, the

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Speaker 1: lawyer Text mc iver, showed up to plead not guilty. Hey, Renee,

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Speaker 1: it didn't really help. When he had that fancy garage sale,

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Speaker 1: or is the rich people call it? What was it?

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Speaker 1: A consignment by invitation only? I eat a garage sale

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Speaker 1: for all of his wife's stuff. She was barely cold

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Speaker 1: in the grave. He raised over a million dollars for

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Speaker 1: that sale, as I understand, raised a million dollars for

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Speaker 1: the seal. What did he do with the with the money?

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Speaker 1: I would imagine, Nancy, that he is spinning it on

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Speaker 1: this fabulous defense team. You know, ed Judge William Hill

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Speaker 1: is one of the players on his defense. Oh yeah,

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Speaker 1: you just had to get to me at the very

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Speaker 1: beginning because I practiced with along with Bill Hill when

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Speaker 1: he was in the a g. S Office, and I

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Speaker 1: practiced in front of him when he became a judge.

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Speaker 1: And out of that whole defensive team, that defense team

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Speaker 1: Macaiber has assembled, he is the one that could pull

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Speaker 1: this out. Not only is see an incredible legal scholar,

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Speaker 1: he has away with people. You know, he just he

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Speaker 1: just gets it. So he's the one that should strike

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Speaker 1: fear in the hearts of the prosecution. But Renee, this

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Speaker 1: is one of the reasons you're so good. You successfully

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Speaker 1: dodged what I brought up the garage shell of all

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Speaker 1: of his wife's stuff before she was even cold and

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Speaker 1: the great and you seem to make it seem like

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Speaker 1: it's okay because he raised a million dollars. That doesn't

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Speaker 1: really help anything, Renee. That he made a million dollars

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Speaker 1: offers dead wife's pandbags. Nancy, it's certainly not anything they're

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Speaker 1: gonna be able to use against him in a murderer.

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Speaker 1: I'd use it. I would totally use it to show

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Speaker 1: frame of mind, but we would use that. Yeah, you're

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Speaker 1: darn right, I'd use everything you got one swing at

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Speaker 1: the ball, one by an apple. Yeah, I go into

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Speaker 1: what you call overkill because I would want the truth

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Speaker 1: to come out in front of this jury. You don't

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Speaker 1: get a do over what you know what? Hold on.

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Speaker 1: I'll get into all that in a moment. But first, Renee,

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Speaker 1: you were in court at the time of the not

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Speaker 1: guilty play. Tell me everything, don't leave anything out. Obviously

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Speaker 1: he played not guilty. But the important part of yesterday's

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Speaker 1: hearing is he has been in jail now for forty

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Speaker 1: two days, forty three days. Today he was out on

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Speaker 1: bond and his bond was revoked. His bond was revoked

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Speaker 1: because condition of his bond was that he surrendered all firearms.

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Speaker 1: Now you well know, Nancy, that the District al Porney's office,

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Speaker 1: not the police department, but the District Attorney's office, decided

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Speaker 1: to execute another search warrant at his home, presumably looking

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Speaker 1: for another will. I think the state, Nancy, is still

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Speaker 1: looking for a movortive but the death. But way, why

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Speaker 1: do they have to look for a motive? Why do

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Speaker 1: they need a motive? A The state doesn't have to

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Speaker 1: prove a motive. Although you're right, juries like to hear

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Speaker 1: why but what about all that money? She was the

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Speaker 1: money bag. She was the money bag, but presumably he's

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Speaker 1: using it along with her. But back to the search warrant, Nancy,

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Speaker 1: she has a um. He has an assistant that's helping

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Speaker 1: the investigators walk through his house. By the way, this

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Speaker 1: this UH Residents is Caddy Corner from where I live. Nancy,

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Speaker 1: you passed by any time you come to to my home.

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Speaker 1: As the assistant is walking through the home assisting the investor,

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Speaker 1: get us from the District Attorney's office to look through

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Speaker 1: the home for presumably papers, possibly another will where wherein

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Speaker 1: she may have changed her will. They go in his

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Speaker 1: sock tour and what is in the sock tour a firearm,

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Speaker 1: and based on that they freeze the scene, go and

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Speaker 1: get another search warrant. Because the search warrant, the initial

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Speaker 1: search warrant is for papers, the second search warrant is

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Speaker 1: for a firearm. And based on them viewing that firearm

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Speaker 1: in the sock tour, Nancy, his bond was revoked yesterday's

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Speaker 1: hearing was so that he could get back out on

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Speaker 1: bond um. Judge mc bunney has not decided that yet.

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Speaker 1: He's taken it under advertisement. But that was the plan

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Speaker 1: of the dream team yesterday to get hit the client

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Speaker 1: back and fight the case from the streets instead of

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Speaker 1: nine oh one right street. Hold on, hold on, okay,

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Speaker 1: what the street? Fight from the street? I mean you

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Speaker 1: make it satellite where you know, fighting World War two

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Speaker 1: on the at Normandy the street, my rear end. He

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Speaker 1: lives in an exclusive high rise. You couldn't have more

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Speaker 1: luxury if you wanted it, so that that's not exactly

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Speaker 1: the mean street. The buckhead, Ah, don't don't start up

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Speaker 1: with me about him fighting from the street. And I

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Speaker 1: tell you another thing, if he were not a rich

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Speaker 1: white member of the Atlanta bar, okay, this would not

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Speaker 1: even we wouldn't even be talking about him getting back

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Speaker 1: out on bond. He was out on bond, which he

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Speaker 1: should not have been to start with that. That's my

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Speaker 1: two cents that nobody asked. But he got out on bond.

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Speaker 1: Then he was caught with another gun. I mean, how

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Speaker 1: many guns does this guy have? I mean, he killed

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Speaker 1: his wife with a gun. Now he's caught with another

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Speaker 1: gun after they've confiscated all his guns. So why should

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Speaker 1: I even entertain him getting back out on bond. But

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Speaker 1: somehow they got another hearing on him getting back on bond,

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Speaker 1: and I imagine the judge didn't rule immediately because they

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Speaker 1: want to hush hush, hush it, and that at some

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Speaker 1: point down the road, in a couple of weeks, when

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Speaker 1: nobody's watching, they'll let him back out on bond. So

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Speaker 1: don't worry about that. He'll be back up and his

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Speaker 1: plush man cave in no time. Yeah, I'm watching, You're

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Speaker 1: I'm on it. Can we get back to what matters?

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Speaker 1: Then not guilty plea? Back to the courtroom. So they

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Speaker 1: come in and what happens, Yes, just as you know,

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Speaker 1: for any defendant is the most important thing. Just get

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Speaker 1: me out on bond, Get me out on and I'll

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Speaker 1: say one thing. If you want to leave this point,

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Speaker 1: I want to say one thing. Robert mcbarney, the judge

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Speaker 1: in this case, is not worried about him. Fleeing. Flight

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Speaker 1: was not a concern with him. He doesn't think he's

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Speaker 1: gonna run, doesn't think he's gonna take the money and

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Speaker 1: go to some some location where he can't be um,

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Speaker 1: he can't be apprehended and brought back for trial. That

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Speaker 1: is not the problem. The problem is the issues that

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Speaker 1: the judge wants address are safety and whether or not

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Speaker 1: he's trying to influence or intimidate any witness. I'm so

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Speaker 1: glad you said that. I'm so glad he's already trying

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Speaker 1: to tamper with witnesses. According to the documents, that's the case.

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Speaker 1: But there's one thing that is gonna be appropriately discussed

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Speaker 1: at the time of the trial, whether he was trying

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Speaker 1: to intimidate a witness, whether he was trying to make

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Speaker 1: them change their minds on what their testimony was or

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Speaker 1: what it or not he was suggesting what actually happened. Nancy, Oh,

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Speaker 1: you mean when he said, will you please quit giving

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Speaker 1: statements that indicate I'm guilty that that that one? Will

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Speaker 1: you please quit talking about what happened that night? Can

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Speaker 1: you not say that anymore? You mean those statements exactly?

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Speaker 1: They let's see, Renee, what exactly is alleged that he

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Speaker 1: did to try and influence witnesses exactly. I don't want

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Speaker 1: to misrepresent anything because I am not looking at the

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Speaker 1: exact report and the statement, but it does have something

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Speaker 1: to do with whether or not they told their story

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Speaker 1: once to the police, and then there may have been

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Speaker 1: some communication between mcgover and these witnesses before they went

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Speaker 1: back to be re questioned. So I'll leave did that Alan?

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Speaker 1: He allegedly made phone calls to witnesses from jail, and

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Speaker 1: of course we all know that telephone calls in jail

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Speaker 1: are recorded, and so a lawyer should know that. Let's

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Speaker 1: get right down to it in court. The assistant d A,

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Speaker 1: who is also a longtime friend of both Renee and myself,

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Speaker 1: that I actually trained when he came to the d

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Speaker 1: a's office. Clint Rucker is a fine, fine prosecutor, he

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Speaker 1: said in court. As Alan just reported, three recent phone

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Speaker 1: calls were recorded from jail. In one he speaks about

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Speaker 1: providing a car to a potential witness, and another phone

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Speaker 1: call soliciting a favor from a judge. As Rucker points out, quote,

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Speaker 1: He's a very smart man. He's very well connected. He

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Speaker 1: has financial resources to reach out to people who can

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Speaker 1: have influence over what happens to him. Mctiver is a

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Speaker 1: former Republican donor and vice chairman of the State Board

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Speaker 1: of Elections. Accusations were made during the arrayment on charges

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Speaker 1: that he shot his wife, Diane McIver, while they were

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Speaker 1: driving near Piedmont Park. He has pled not guilty, but

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Speaker 1: there were other issues that happened regarding tampering with or

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Speaker 1: influencing witnesses. When he was out before his bond was

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Speaker 1: revoked and he was still out, he was making phone

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Speaker 1: calls and stating to witnesses to stop talking to stop

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Speaker 1: talking because they were making him look guilty. Renee, Renee,

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Speaker 1: that is tampering with a witness to tell somebody to

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Speaker 1: stop talking. I don't know about that, Nancy. Stop gossiping,

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Speaker 1: stop doing this, stop doing that. If he is calling

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Speaker 1: somebody and telling and intimidating somebody and says I need

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Speaker 1: you to say X instead of wires Z and and

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Speaker 1: presumably X is not the truth, then then that's one thing.

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Speaker 1: But if he says stop talking about me, you're making

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Speaker 1: me look guilty. I don't know that that rises to

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Speaker 1: the level of an event. Okay, you know what, I

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Speaker 1: agree with you on that. More troubling is, according to

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Speaker 1: the charging documents text mcgiver, the defendant instructed Patricia Danny

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Speaker 1: Joe Carter, the woman who was driving the car that night.

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Speaker 1: He instructed her, according to the documents, to tell police

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Speaker 1: she was not there at the time of the shooting.

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Speaker 1: That is in the charging documents. Now, that will be

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Speaker 1: a simple matter of putting the witness, Danny Joe Carter,

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Speaker 1: on the stand, presumably she will say what she told

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Speaker 1: police he said. That is going to be tampering with

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Speaker 1: a witness now lessen. Two weeks later, October six. The

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Speaker 1: indictment itself states, mc iver leaves a voicemail with Danny

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Speaker 1: Joe Carter's husband Thomas, asking him to stop his wife

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Speaker 1: from quote communicating her rele recollection of the facts and

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Speaker 1: circumstances of the death of Diane McIvor to law enforcement

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Speaker 1: because those statements placed the defendant at risk of immediate incarceration.

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Speaker 1: Then he asked Thomas Carter to delete the voicemail. He also,

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Speaker 1: according to the indictment, asked the spokesperson Bill Crane, to

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Speaker 1: retract a statement he had made to the media Renee,

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Speaker 1: and that statement had to do with him claiming he

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Speaker 1: opened fire, pulled out the gun because he was afraid

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Speaker 1: of black lives matters, and the gun went off when

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Speaker 1: they hit a bump. Okay, So he asked Crane to

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Speaker 1: retract that after he had already told Crane that's what happened.

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Speaker 1: So what do you think about those Is there a

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Speaker 1: way around those statements, Nancy? There's an even more unusual one,

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Speaker 1: and only someone like mcgever could pull this one off.

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Speaker 1: According to Rucker, the prosecutor, mcgeiver called from jail, called

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Speaker 1: and Schwall. She's the ex wife of a Fulton County

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Speaker 1: Superior Court Judge Craig Swall. They happened to be the

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Speaker 1: godparents of mcgiver's child, and suggested that she called her

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Speaker 1: ex husband, quote all he needs to do is make

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Speaker 1: a phone call. I can be out of here the

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Speaker 1: next day. In other words, he was reaching out to

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Speaker 1: this judge friend to help him get bond, and the

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Speaker 1: lawyer for mcgever explained that he was not influencing. He

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Speaker 1: was quote just venting during that phone call. Just venting,

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Speaker 1: not tampering. Oh, Renee, I didn't. I did not know.

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Speaker 1: Alan just told me something new. You and I both Okay,

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Speaker 1: let me tell you a funny story. Okay, Renee. Do

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Speaker 1: you remember when you and I. Of course, this was

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Speaker 1: not on the same case because I would never ever

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Speaker 1: try a case against you because we're you know, best

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Speaker 1: friends from way back. So you and I were in

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Speaker 1: Judge Wafford's chambers and his secretary his assistant had a

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Speaker 1: hot plate and which they later caught the chambers on

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Speaker 1: fire with I think, But long story short, we were

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Speaker 1: having their famous Russian tea translation lipped an instant tea

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Speaker 1: with tang or something, and I don't know what that was,

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Speaker 1: but we would drink it and sit back there and taught,

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Speaker 1: waiting for court to start. Do you remember all those

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Speaker 1: times we sat back there? Okay? Do you remember, Renee?

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Speaker 1: And we were back there talking you and I about

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Speaker 1: Judge Wafford insisted on driving to court every morning, and

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Speaker 1: he had drive his truck up on the sidewalk. He

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Speaker 1: couldn't see a thing. Now. Do you remember the time

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Speaker 1: he had to be I guess eighty five years old?

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Speaker 1: He tried to kiss me on the cheek and he

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Speaker 1: missed and kissed me on the knee, the knee cap.

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Speaker 1: Do you remember that? I remember? Oh my stores. Okay,

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Speaker 1: wait a minute, okay. The way that happened was okay,

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Speaker 1: I was sitting beside him. He was at his desk.

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Speaker 1: Of course, we didn't have any cases in front of him.

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Speaker 1: He was retired judge, and occasionally he would come in

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Speaker 1: and and accept guilty pleas that had been negotiated if

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Speaker 1: another judge was, you know, in the middle majury trial

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Speaker 1: and I was. I was sitting right beside him. We

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Speaker 1: were both seated, and he leaned over to kissing me

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Speaker 1: on the cheek and missed and hit the kneecap, and

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Speaker 1: he kissed it I don't ever even know if he

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Speaker 1: knew it was my kneecap or if he thought it

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Speaker 1: was my I don't know what he thought. Anyway, long

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Speaker 1: story short, that is when I first met now Judge

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Speaker 1: Craig Schwall. Schwall was I don't know what his position

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Speaker 1: was in he was not a judge, but he was

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Speaker 1: in the courthouse all the time. It's a very good lawyer.

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Speaker 1: And um I remember one day he came into Judge

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Speaker 1: Waffer's chambers and I met him for the first time.

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Speaker 1: Very likable, very smart, great guy. Now he's a judge,

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Speaker 1: and now he's got dragged into all this. And let

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Speaker 1: me make it clear, he had nothing to do with

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Speaker 1: Judge Waffer kissing me on the knee. That was a

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Speaker 1: whole another incident. I just happened to be in Wafford's

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Speaker 1: chambers the day I met Craig Schwall. Do you remember

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Speaker 1: him as a practicing lawyer, Renee, I absolutely to do.

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Speaker 1: And also his father, very prominent attorneys, a boat in

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Speaker 1: their own light. Now still his father still practices. And

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Speaker 1: since you're mentioning Judge Wall, I will say this, Nancy,

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Speaker 1: that Robert McBurney said after the hearing or or at

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Speaker 1: the conclusion of the hearing, he said, I wanted very

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Speaker 1: clear that crash Wall has not called me, has not

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Speaker 1: mentioned anything to me, has not alluded that there has been.

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Speaker 1: In other words, Nancy, no innuendo from Judge Wall to

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Speaker 1: Judge mcberney to let mcguy her out on bond. You

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Speaker 1: know another thing about Schwall and mcberney. I've never heard

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Speaker 1: a bad thing about either one of them. I've never

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Speaker 1: heard McBurney was partial to one side of the other.

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Speaker 1: What what's mcbernie's background? Is he a former prosecutor or

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Speaker 1: a former defense lawyer? What what is he? What's his background? Mcbernie?

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Speaker 1: Nancy mcberney's background is he was a district attorney in

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Speaker 1: the same office where you prosecutor, Pulton County District Attorney's office.

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Speaker 1: Then he went on to be a federal prosecutor for

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Speaker 1: several years and and was a it was a hi

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Speaker 1: ranking prosecutor and has now become a member of the

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Speaker 1: Fulton County Superior Court. Bitch a couple of doors down. Well,

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Speaker 1: then he is no, he is no idiot. He's no idiot,

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Speaker 1: neither a Schwall. Okay, so bottom line of it's like

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Speaker 1: pulling a tooth with Renee Rockwell. You know, I'm just

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Speaker 1: a j D. I'm not a d d S. I'm

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Speaker 1: not a dentist. I think what she's saying is there

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Speaker 1: are a lot of issues at trial and this is

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Speaker 1: just the beginning. Okay, Renee Rockwell, friend and opponent, thank

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Speaker 1: you for being with us. I Meancy Grace Crime Stories,

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Speaker 1: signing off, Goodbye friend,