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Speaker 1: Things have gotten even works for Text Mgiver. Prosecutors are

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Speaker 1: now saying Text mgeiver intentionally pulled the trigger, killing his wife.

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Speaker 1: Diane mc iver says he was sitting in the backseat

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

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

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

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Speaker 1: couple that night, to tell the police that she wasn't there.

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Speaker 1: The indictment also says that mcgiver told his spokesperson he

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

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Speaker 1: of Black Lives Matter protests. This is crime Stories with

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Speaker 1: Nancy Grace. Prosecutors believe Diane McKeiver had a secret updated

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Speaker 1: will that text Mdiver is hiding, and also believed that

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Speaker 1: secret will might provide evidence of motive in her death.

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

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Speaker 1: She is dead, is dead for no apparent reason. She's gorgeous,

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Speaker 1: she is talented, she's well known. She's got a closet

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Speaker 1: full of clothes, jewelry, shoes, and handbags like nothing you've

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Speaker 1: ever seen in your life. So how did this beautiful, accomplished,

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Speaker 1: successful businesswoman die as she's sitting in her own car,

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Speaker 1: shot in the back. How does that happen? I, Nancy, Grace,

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Speaker 1: this is crime Stories. Thank you for being with us.

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Speaker 1: And of course I'm talking about the beautiful at lantern.

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Speaker 1: Diane McIvor, her husband, a leading Atlanta lawyer, Text mc iver,

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Speaker 1: says it was all just a big accident. Joining me

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Speaker 1: right now. In addition to the deep Alan Duke is

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Speaker 1: a very well known local attorney, actually known in multiple jurisdictions.

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Speaker 1: Renee Rockwell, Now, Renee, let's just point out right now

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Speaker 1: that while we practiced in the same courthouse, I never

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Speaker 1: tried a case against you because it would have just

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Speaker 1: broken my heart to stop you dead in the middle

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Speaker 1: of the courtroom, embarrass you, make you cry, make you

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Speaker 1: lose a kays in front of all your clients. So

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Speaker 1: we basically would cut deals. Nancy, let me correct you.

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Speaker 1: We started. I know what you're gonna say. I remember

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Speaker 1: what you're gonna say. Is this the guy with the

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Speaker 1: horrible breath, the horrible breath and the the coke bottle eyeglasses,

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Speaker 1: who was charged with what um child abuse, child molestation?

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Speaker 1: We did? Is that the one you're talking about that

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Speaker 1: is not the one that that's Larry. But do you

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Speaker 1: remember her debt? We started, we picked the jury and

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Speaker 1: the next day he didn't show up because he had

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Speaker 1: to walk to the courthouse from like Covington, Georgia. Do

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Speaker 1: you think I believe that crap? I'll walk through the courthouse.

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Speaker 1: Come on, Renee, please don't don't. Are you still sticking

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Speaker 1: with that? Sorry story? He had shocked to his dope dealer.

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Speaker 1: That's what he did. Wait, what happened to the guy

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Speaker 1: Larry with the coke bottle glasses? Wait? I didn't try that?

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Speaker 1: Or was I just watching what? I can't remember anymore? No, Larry,

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Speaker 1: and not only did he have the black horn room glasses,

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Speaker 1: but he had the band aid on the bridge of

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Speaker 1: the glasses. Wait. I didn't try him, right, No you didn't, Oh,

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Speaker 1: thank you Lord in Heaven. No I didn't because he

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Speaker 1: went down. I remember taking myself off that case because

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Speaker 1: you were the defense lawyer. I think it's what it's

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Speaker 1: all starting to come back to me now, Renee. I

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Speaker 1: think I think I remember exactly what happened. Oh my stars,

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Speaker 1: m Renee. Can we can we now stop talking about people?

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Speaker 1: We tried or didn't try, and talk about Let's talk

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Speaker 1: about Tex mcdiver. Renee, here's my problem with Tex McIver. Okay,

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Speaker 1: he shoots his wife dead, Diane. Number one. First of all,

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Speaker 1: he's a lawyer. He's immediately under suspicion with me. But

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Speaker 1: number two, he shoots his wife dead. He's in the

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Speaker 1: backseat getting driven around by one of their mutual girlfriends.

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Speaker 1: And I mean that in a platonic way. A friend girl,

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Speaker 1: a friend of theirs, is driving the car. The wife,

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Speaker 1: Diane is in the front passenger seat of the suv.

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Speaker 1: He is in the rear, and for some inexplicable reason,

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Speaker 1: he says he needs to have a loaded gun in

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Speaker 1: his lap as he's driving, as he's riding from his

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Speaker 1: million dollar ranch in Eatonton, Georgia. Now, Renee, I know

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Speaker 1: exactly where this is because remember I was a counselor

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Speaker 1: in Eatonton, Georgia at Rock Eagle for Age Center. So

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Speaker 1: it's beautiful country. So he's down there in Putnam County

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Speaker 1: and for whatever reason, they're coming back and whoops, his

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Speaker 1: wife is dead. What hey, he's changed his story three times.

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Speaker 1: Help me out. Okay. Number one, you never tell any

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Speaker 1: kind of story to any investigator at all. What happens

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Speaker 1: is you end up painting yourself into a corner. He's

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Speaker 1: already done it, or as we like to say, he

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Speaker 1: done done it. He has already sent a spokesperson. Yeah,

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Speaker 1: he should know better, but he does labor law, which

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Speaker 1: is a far cry from criminal law. Renee, he got

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Speaker 1: some friend of the family to be a spokesperson and

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Speaker 1: fedom some lines, and then the family friend comes out

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Speaker 1: and is immediately attacked by the media because the story

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Speaker 1: doesn't make any sense. So that cow has left the barn.

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Speaker 1: Renee Rockwell, Okay, No, what makes no sense is the

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Speaker 1: state's motive. That's what. Mayn't need a motive. I don't

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Speaker 1: need a motive, and that, but the jurors of Fulton County,

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Speaker 1: and hopefully they keep this trial in Fulton County. The

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Speaker 1: jurors in Fulton County are not going to appreciate some

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Speaker 1: motive that he killed his wife because he owed her

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Speaker 1: three hundred fifty thousand dollars at the time. Okay, that

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Speaker 1: kind of stuck in my throat. Now did you say

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Speaker 1: three hundred and fifty thousand dollars he owed her? How

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Speaker 1: do you owe your bride three D fifty thou dollars.

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Speaker 1: I can tell you how it was alone. I'll tell

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Speaker 1: you how because she has this very very successful marketing firm.

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Speaker 1: Did didn't she do? Carry c A R E y Limo.

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Speaker 1: She worked really hard and she made millions of dollars.

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Speaker 1: And let's just say they newly weds. The bloom is

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Speaker 1: off the rose, Renee. I mean you, of all people,

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Speaker 1: no better than that. Now. I cannot comment on my

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Speaker 1: current husband because we are happily wet. You, however, have

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Speaker 1: a few discards. Now after about a year or two,

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Speaker 1: isn't it like a car? You start finding out what's

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Speaker 1: wrong with it and you wish you hadn't bought it.

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Speaker 1: But do you think that they're going to be able

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Speaker 1: to sell that to a jury that the reason he

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Speaker 1: did that is because he owed her three D fifty thousand.

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Speaker 1: Nobody a Holton County is gonna understand that. I understand it.

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Speaker 1: Did you see that, wonder, Renee? Renee? You listen, Renee.

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Speaker 1: Don't you remember the zil the zell In case I prosecuted.

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Speaker 1: I think that was it. That was just over a

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Speaker 1: five dollar hit of crack. Then I had a murder

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Speaker 1: over a ten dollar hit of crack. So I'm pretty

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Speaker 1: sure if a jury can understand a shooting over a

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Speaker 1: five dollar a hit of crack cocaine, they can understand

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Speaker 1: a three D and fifty thousand dollar hit. Okay, I

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Speaker 1: don't think that we got a problem there. Now you

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Speaker 1: know who the prosecutor is, right, there's a team, But

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Speaker 1: your favorite Clint Rucker lead the donkey is not. Oh,

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Speaker 1: I'm gonna have to give him some h G double

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Speaker 1: L Because guys, Clint was my what would you say,

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Speaker 1: my impressario, my um. I trained him when he came

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Speaker 1: to Fulton County, as I also helps train Vick Reynolds,

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Speaker 1: remember that young man who's now an elected district attorney.

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Speaker 1: So Clint is one of the lead investigators, excuse me,

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Speaker 1: one of the lead prosecutors in Fulton County. Now he

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Speaker 1: has handled a lot of big cases, so he's gonna

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Speaker 1: be handling this. Can we talk about who's across who's

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Speaker 1: across the table from him? William Hill, an ex judge?

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Speaker 1: Oh my whoe? Are you serious? Yes? And he's a

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Speaker 1: wonderful lawyer. Wonderful lawyer. He's gonna to get these statements

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Speaker 1: and keep these statements out, Renee, you could not have

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Speaker 1: said two different words that would have struck a chill

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Speaker 1: down my spine as a prosecutor other than Bill Hill. Okay,

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Speaker 1: when I was a young prosecutor, a new prosecutor, because

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Speaker 1: according to me, we're still young, Renee. I when I

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Speaker 1: would have a murder case, you know, conviction. Of course,

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Speaker 1: every murder case goes up on appeal, whether there's grounds

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Speaker 1: or not. The State Attorney General's office whenever it's a

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Speaker 1: murder case immediately is triggered and they write an amicus

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Speaker 1: currey friend of the court brief. Well, that's how I

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Speaker 1: met Bill Hill. I had a murder case and it

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Speaker 1: was up on appeal, as they all were. He wasn't

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Speaker 1: doing that one because he specialized in death penalty convictions.

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Speaker 1: That's how good he is. But I met him through

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Speaker 1: that first murder case, Renee, and I was just completely

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Speaker 1: I mean, he walks in the room and it's like

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Speaker 1: energy just crackles out of him. He's charming, he is handsome,

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Speaker 1: he's a smooth talker, he can really wear a suit,

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Speaker 1: and he as smart as a whip. Okay. He goes

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Speaker 1: from there, he becomes judge in Fulton County, then he

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Speaker 1: leaves the bench. Then he becomes a partner and a

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Speaker 1: really big law firm, probably making a whole bunch of money. Wow, Okay,

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Speaker 1: Clinton has a problem you and he's part of the team. Man.

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Speaker 1: You couldn't have said anything other than that. That would

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Speaker 1: have made would have made me think, Okay, we're in

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Speaker 1: trouble on this one. We are in trouble now that

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Speaker 1: you said, Bill Hill. Okay, let's talk about the evidence.

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Speaker 1: Let me get off Bill Hill for a moment and

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Speaker 1: talk about the evidence. So correct me if I'm wrong, Renee.

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Speaker 1: But September Diane McIver, front seat passenger driving along and

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Speaker 1: then her husband for some reason, opens fire on her.

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Speaker 1: The problem is he gave multiple statements. One he said

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Speaker 1: he was afraid of the Black Lives Matter protest and

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Speaker 1: that he thought because he's driving through inner city Atlanta,

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Speaker 1: somebody might run up to his car and try to

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Speaker 1: car jack him. Okay, that's his first story. Then there

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Speaker 1: was we went over a bump in the road and

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Speaker 1: I accidentally shot her. I can already see the crying

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Speaker 1: lab coming in to talk about trigger pool. How many

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Speaker 1: pounds of resistance you need to pull that trigger? You

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Speaker 1: don't just run over, a bump, a bam, murder your wife.

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Speaker 1: Then the third story. Those two stories are not inconsistent, Okay,

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Speaker 1: whatever you say. And then the third story is he

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Speaker 1: was asleep. He was asleep and somehow in his sleep,

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Speaker 1: as I always used to say to the twins when

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Speaker 1: they would have a start in their sleep, was the

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Speaker 1: bunny chasing you, sweetheart? A bunny must have been chasing

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Speaker 1: him in his sleep, because he's sure pull that trigger. Okay,

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Speaker 1: those are the three stories that I know of. Are

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Speaker 1: there anymore? I don't think so, Nancy? Is that not enough? Well,

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Speaker 1: you know, I'm always looking for more evidence, but those

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Speaker 1: stories are not inconsistable. If he was so afraid of

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Speaker 1: getting carjacked, how could he all asleep. I think that

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Speaker 1: they were responsibly using a designated driver because there was

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Speaker 1: some alcohol involved. Oh it sounds like a big drunk

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Speaker 1: to me. He may have nodded off. And all of

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Speaker 1: those stories are consistent with each other. The problem is

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Speaker 1: if you can't throw those statements out, nothing else, nothing else,

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Speaker 1: can be used to explain his conduct. Who's the judge?

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Speaker 1: Has it been a sciential court room? Yet? You know

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Speaker 1: the judge? It's judge McBurney. Oh, yes, okay, I was

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Speaker 1: just gonna say, please, don't say dempsy, because he'll let

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Speaker 1: anybody walk right out the door. It was Judge McBurney

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Speaker 1: that did the hearing where he was taken back into custody. Nancy. So,

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Speaker 1: now a defense attorney's worst nightmare. You're trying the case

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Speaker 1: from the Fulton County jail, so you have to grab

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Speaker 1: your file, slip on over to the jail and talk

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Speaker 1: to your client across through the glass. That jail stinks.

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Speaker 1: I mean literally stinks. I mean it stinks. That's something

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Speaker 1: about the Fulton County jail. I've never smelled anything like it. Um,

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Speaker 1: they got bigger problems and talking through a glass. Are

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Speaker 1: you aware of why he had to go back to jail? Yes,

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Speaker 1: because he had a gun in his possession he wasn't

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Speaker 1: supposed to have. And that's it. I think he surrendered

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Speaker 1: like fifteen firearms. After three days of hearings this past week,

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Speaker 1: a judge of Fulton County decides text mcgiver's bond would

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Speaker 1: be revoked because he violated it. How did he violate it?

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Speaker 1: Because he kept a gun in his possession. That's not okay.

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Speaker 1: The gun was in his Buckhead condo. How did they

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Speaker 1: know to even look there? How did they find out

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Speaker 1: about the gun? Renee? Okay, So my understanding is that

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Speaker 1: they went to the residents to do a search warrant

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Speaker 1: to look for paperwork i e. Wills, financial statements, et cetera.

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Speaker 1: There was a an assistant and administrative assistant who was

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Speaker 1: directing traffic and allowing the search warrant team to go

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Speaker 1: through the house and look and lo and behold when

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Speaker 1: they opened up a sock drawer, I think it was

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Speaker 1: they found a gun. Rene, Do you mean to tell

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Speaker 1: me he has not changed his socks since the original hearing.

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Speaker 1: He didn't know that gun was there. What I think

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Speaker 1: is gonna end up happening is that she's going to

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Speaker 1: become a witness because she would know better than anybody

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Speaker 1: if the gun was there. Not there, of course the

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Speaker 1: gun was there. Are you suggesting the police planted it? Oh?

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Speaker 1: Absolutely not. Now, now I do have an update. While

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Speaker 1: it was Judge, while it was Judge McBurney who did

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Speaker 1: the bond revocation, here the case has been assigned to

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Speaker 1: a good friend of yours, Henry Newkirk. I love Henry

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Speaker 1: and his wife. You know Henry was the former Atlanta

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Speaker 1: police officer. And I always tell a funny story about Henry, Well,

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Speaker 1: probably not funny to him. When I first came to

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Speaker 1: the d a's office. Henry also used to work in Florida,

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Speaker 1: and he, believed it or not, was the first cop

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Speaker 1: on the scene at the sorority house where Ted Bundy

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Speaker 1: had new victims. And his story is, yeah, his story is,

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Speaker 1: he went in, he realized what had happened, and he goes,

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Speaker 1: all the girls came running down. He goes, stay calm,

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Speaker 1: there has been a brutal murder in your sorority house.

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Speaker 1: Stay calm, And of course all the girls are like,

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Speaker 1: you know, I mean he was a rookie. He didn't know,

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Speaker 1: but he has been. He's a real trial lawyer. I

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Speaker 1: did not know that. Okay, so I'm glad to hear that.

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Speaker 1: I think he prosecuted with you, Nancy, did he not?

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Speaker 1: Yeah he did. Yeah, he prosecuted with me. I think

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Speaker 1: a lot of him, a lot of him. What I

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Speaker 1: like Renee is that as a trial lawyer, he's not

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Speaker 1: some Harvard educated lawyer that gets spit out and makes

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Speaker 1: a couple of political contributions and gets on the bench.

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Speaker 1: This is a guy that has tried a lot of cases.

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Speaker 1: You know, he knows, he knows the law. Now I

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Speaker 1: want to get back because you've so adroitly managed to

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Speaker 1: get off his changing statements. Alan Duke with Mee the Duke,

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Speaker 1: Alan Duke out of his luxury pad in Hollywood. Alan,

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Speaker 1: are we missing any statements? No, you're not missing any statements.

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Speaker 1: But I will tell you one of the more remarkable

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Speaker 1: things was not a statement but an action. Back in February,

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Speaker 1: mcgever auctioned off his dead wife's furs and jewelry. I

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Speaker 1: just thought that made a big statement. Yeah, I mean Renee.

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Speaker 1: She's still warm in the grave, she's warm to the touch,

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Speaker 1: and he holds basically a yard cell of all of

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Speaker 1: her stuff. Okay, now, do we use that against him? Yeah?

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Speaker 1: I don't think so totally. I would use it against him.

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Speaker 1: It reminds me of m and again text. Mcdiver has

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Speaker 1: not been convicted, he's only charged right now, he declares

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Speaker 1: his innocence and says this is an accident, and a

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Speaker 1: lot of people believe him. Do you remember Drew Peterson,

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Speaker 1: the cop. He's got one dead wife, Kathleen Savio. He

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Speaker 1: has another wife missing Stacy Peterson. She had only been

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Speaker 1: gone a couple of weeks till he started to try

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Speaker 1: to give away her lingerie, her fur coat. Okay, he

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Speaker 1: didn't expect her to come back in the door, all right.

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Speaker 1: So I don't think any juror is gonna look kindly

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Speaker 1: on having a yard sale to get rid of your

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Speaker 1: wife's stuff. It's just not a good look, Nancy. It

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Speaker 1: was more than a yard sale. You know how much

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Speaker 1: he raised by selling her stuff? Hit me one point

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Speaker 1: one million dollars. That's not a yard sell. Yeah, he's

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Speaker 1: not in money trouble, Renee. He's selling offer lubatons to

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Speaker 1: make to raise money. You know that looks bad. It

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Speaker 1: looks bad. But do you think it comes in? They

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Speaker 1: better not let that in. Yes, I think it's going

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Speaker 1: to come in for what what kind of What would

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Speaker 1: you use that for? To show frame of mind, course

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Speaker 1: of conduct, and motive? And I'll tell you why. The

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Speaker 1: motive is going to be money. How do I prove that?

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Speaker 1: I showed that three debt and I show he's so

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Speaker 1: hard up for money he is willing to sell his

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Speaker 1: beloved wife's most prized possessions. Within a couple of months

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Speaker 1: after her death to raise money. That would be my

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Speaker 1: argument that she's his meal ticket. That would be my argument.

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Speaker 1: I mean, if I could support it with the facts,

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Speaker 1: of course, i'd bring it in. Now am I what?

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Speaker 1: Am I crazy? Let's talk about this. Today is April.

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Speaker 1: He went to jail two days ago. He's now fighting

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Speaker 1: this case from the jail. You know that his attorneys

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Speaker 1: right now because they today is the last day of

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Speaker 1: the term and they're gonna be making some decisions as

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Speaker 1: to whether or not to file a motion for a

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Speaker 1: speedy trial. Today's today. If I knew Bill Hill, he will.

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Speaker 1: I could see he'll slapping the state with a speedy

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Speaker 1: trial demand because the prosecution is so overloaded with cases,

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Speaker 1: they could easily drag their feet on this and then

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Speaker 1: be forced into a speedy trial before they're ready. All right,

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Speaker 1: So I could see Hill doing that very easily doing that.

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Speaker 1: So let's decide when they would have to try him.

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Speaker 1: They would have to try him within three terms, so April.

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Speaker 1: So three terms is nine months July, August, September, October,

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Speaker 1: so this case is over in October. State file today, Alan,

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Speaker 1: how badly do you think it's going to hurt him?

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Speaker 1: About this spokesperson's changing stories, and what about the influencing

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Speaker 1: a witness charges The spokesman that he chose to release

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Speaker 1: that statement is one of the most respected and experienced

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Speaker 1: public relations people in Atlanta, somebody that I covered when

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Speaker 1: I was a local reporter back in the eighties. There

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Speaker 1: Bill Crane. And so he doesn't just go out Willie

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Speaker 1: nearly making statement. There's no pulling back that statement to hey,

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Speaker 1: to hey with the marketing and the PR. What matters

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Speaker 1: is Crane the spokesperson got his information from the defendant.

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Speaker 1: While the defendant is protected under the Constitution from police questioning,

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Speaker 1: he's not protected from his own blabbing to a PR firm.

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Speaker 1: So whatever he told the PR firm will come in

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Speaker 1: to evidence. Okay, next, Oh, I agree it should. There

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Speaker 1: is a voice recording that exists of him calling the

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Speaker 1: husband of this woman who was driving the car at

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Speaker 1: the time that will be used against him. A recording

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Speaker 1: that he had asked that person to a race but

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Speaker 1: apparently did not get deleted. And what did it say.

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Speaker 1: It was suggesting that she shouldn't talk to law enforcement anymore,

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Speaker 1: that they should forget that she was even in the

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Speaker 1: car because her and his discussions with investigators was hurting

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Speaker 1: his case, and that apparently is recorded. So, Renee, it

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Speaker 1: looks bad when you're caught on audio saying, let's pretend

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Speaker 1: you weren't even in the car or words to that effect,

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Speaker 1: and quit making statements that made me look guilty. Uh.

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Speaker 1: And you know that she admitted to all of that

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Speaker 1: when asked by the Digital Attorney's office. They've been interviewing witnesses,

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Speaker 1: asking them to come down talk to them about what's

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Speaker 1: going on with him. Now you know he's my neighbor,

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Speaker 1: do you not, Nancy, Yes, I do. He lives one

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Speaker 1: block from me. Well, now he's at the Fulton County Jail.

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Speaker 1: So another nice high rise to be to have your

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Speaker 1: own private room in. Uh. Yeah. He has some pretty

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Speaker 1: fancy digs in Atlanta on in addition to that farmhouse.

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Speaker 1: But I don't know, Renee. When I first heard this,

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Speaker 1: I will tell you, of course I was suspicious, but

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Speaker 1: I thought nah, But then when I heard the different

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Speaker 1: statements just got worse and worse than there was the

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Speaker 1: yard seal. I don't know. I mean, how could a

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Speaker 1: lawyer be this darned stupid? You know what? People just

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Speaker 1: want to talk their way out of out of charges.

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Speaker 1: They think that if they can say something, and they

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Speaker 1: have to remember that these investigators are not trying to

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Speaker 1: help them. The investigators are trying to make a case,

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Speaker 1: So nothing you say is going to be helpful, not

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Speaker 1: to your pr person. Are your investigator? Renee Rockwell, veteran

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Speaker 1: defense attorney and longtime friend of mine. I want to

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Speaker 1: thank you for being with us. I know you've got

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Speaker 1: to get back in that courtroom. Tell everybody at the

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Speaker 1: courthouse I said I missed them, and um, I'll catch

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Speaker 1: you on the backside. Friend, I love you. I love

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Speaker 1: you back, Alan, Alan the duke Man. This case is

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Speaker 1: going forward. There's no stopping it now. So let's see

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Speaker 1: what unfolds. We are talking about renowned lawyer in Atlanta,

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Speaker 1: Text mcgiver now charged with homicide and the shooting death

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Speaker 1: of his wife, Diane. We'll see where it goes. He's

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Speaker 1: charged with homicide. He insists he is not guilty, that

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Speaker 1: it was an accident. We'll see what a jury says.

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Speaker 1: Just indict and hot off the press and assigned to

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Speaker 1: a judge. Judge Henry Newkirk, you've got a great prosecutor,

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Speaker 1: Clint Rucker. You also have a great defense attorney, Bill

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Speaker 1: hill O K we're between the gods. We'll be there.

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Speaker 1: Nancy Grace Crime Stories, signing off goodbye friend,