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Speaker 1: Crime Stories with Nancy Grace. I've always heard it's not

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Speaker 1: what you know, but who you know, and I never

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Speaker 1: believe that was actually true. But now I'm starting to

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Speaker 1: get very, very suspicious. A prominent Georgia lawyer who, as

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Speaker 1: juris says, killed his wife is set to be released

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Speaker 1: from jail after a plea deal. That's right, high profile

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Speaker 1: lawyer Tex McIvor plaguguilty to involuntary manslaughter. But is he

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Speaker 1: set to actually walk free? Is there any justice I

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Speaker 1: Nancy Grace, this is Crime Stories. Thank you for being

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Speaker 1: with us here at Crime Stories and on Serious M

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Speaker 1: one eleven. All you legal eagles, remember take mac ivor,

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Speaker 1: Remember in the backseat of a vehicle and claims he

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Speaker 1: was afraid of protesters from Black Lives Matter. That was BS.

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Speaker 1: That's absolutely not true. That did not happen. He claimed

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Speaker 1: he was so afraid that he pulled the trigger of

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Speaker 1: the gun and killed his wife. Really, that's a line

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Speaker 1: of BS technical legal term. And a jury agrees with me,

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Speaker 1: and they convicted him. Then, in an odd and bizarre

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Speaker 1: twist of the law, there is a problem in the trial.

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Speaker 1: The case is reversed and now he pled guilty to

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Speaker 1: a light sentence in voluntary manslaughter eight years for a death?

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Speaker 1: Is it me, am I the crazy one?

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Speaker 2: I mean?

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Speaker 1: Is he grace? This is crime Stories. Thank you for

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Speaker 1: being with us here Crime Stories and on serious xem

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Speaker 1: one eleven. Does anybody remember that just a few days

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Speaker 1: after his wife is killed by him, he throws this

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Speaker 1: giant cell and sells all of her jewelry, her luxury clothes, furs, everything, mementos.

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Speaker 1: He didn't care about her, he didn't care about keeping

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Speaker 1: her belongings. No, he wanted the money and he got

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Speaker 1: it all right. But now Tex McIvor, the pretend cowboy

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Speaker 1: lawyer in a silk stocking law from in Atlanta, could

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Speaker 1: be released from prison within a year after taking a

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Speaker 1: sweetheart plea deal. How did this happen?

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Speaker 3: Tex mcgiver has accepted a plea deal in the fatal

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Speaker 3: shooting of his wife in twenty sixteen. Macgiver had been

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Speaker 3: convicted of felony murder and was serving a life sentence,

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Speaker 3: but that conviction was overturned by Georgia's highest court, which

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Speaker 3: ruled that the jury should have had the option of

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Speaker 3: a misdemeanor involuntary manslaughter charge.

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Speaker 1: Take a listen to our friends at forty eight hours

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Speaker 1: and eleven alive.

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Speaker 4: This was an enormously high profile case. They were big

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Speaker 4: time power coupled. Here you have the vice chair of

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Speaker 4: the state Elections Board, who's a prominent Atlanta lawyer. You

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Speaker 4: have this strikingly beautiful, incredibly successful business woman.

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Speaker 5: On the night of September twenty fifth, twenty sixteen, Tex

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Speaker 5: mcgivers shot and killed his wife, Diane. They'd been married

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Speaker 5: for eleven years.

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Speaker 6: The Fulton County Medical Examiners ruled sixty three year old

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Speaker 6: Diane mcgiver died of a gunshot worn to the back.

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Speaker 6: She was shot inside a Ford expedition. She wrote it

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Speaker 6: with her husband, text and a close family friend as

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Speaker 6: they returned from their Putnam County branch.

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Speaker 2: They were very very good Putnam carrier.

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Speaker 1: Well, one of those so called good citizens of Putnam County.

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Speaker 1: Eaton in Georgia, ended up behind bars for shooting his

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Speaker 1: wife dead. One of the things I remember the most

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Speaker 1: Mike Patchinic is that his story about how and why

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Speaker 1: the gun misfired in the car. Let's see, first of all,

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Speaker 1: he was asleep and then he woke up because there

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Speaker 1: was a bump in the road, I think, and he

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Speaker 1: pulled the trigger and whoops, it shot his wife dead.

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Speaker 1: Then he claimed uh oh yes. Then he claimed it

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Speaker 1: was the black people's fault. Remember that that they were

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Speaker 1: protesting and he pulled the trigger. That's right, blamed the

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Speaker 1: black man again. Gosh, there was the sleeping, there was

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Speaker 1: the so called protest. Seems like there was another reason

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Speaker 1: he shot his wife dead. Mike Patentic is with me,

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Speaker 1: formerly with WSBTV Channel two, high profile reporter. Mike. I

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Speaker 1: can't believe they have reversed this case. But let's talk

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Speaker 1: about what happened at the beginning before we get to

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Speaker 1: another bad decision by the Georgia Supreme Court. Tell me

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Speaker 1: what happened the night the Diane McIvor, gorgeous, brilliant, beautiful,

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Speaker 1: worked her fingers to the bone to build up Carrie

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Speaker 1: Limo and was bailing this husband text McIvor, the high

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Speaker 1: profile lawyer bailing him out. I mean he was hemorrhaging money,

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Speaker 1: all those designer clothes, a full on farm in Eton

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Speaker 1: and Georgia when they lived and worked in Atlanta. He

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Speaker 1: had been put on was he put on of council?

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Speaker 1: Which means you're not bringing in enough money in his

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Speaker 1: fancy law firm. I mean she was bailing him out

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Speaker 1: with buckets and then when she died, he gets it all.

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Speaker 1: Isn't that the way it went down, Mike.

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Speaker 7: Well, that's certainly the way prosecutors portrayed their life.

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Speaker 2: But Nancy, this all.

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Speaker 7: Started or earlier in that day. They were at that

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Speaker 7: branch out there in Pugnan County, making their way back

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Speaker 7: to Atlanta. Their friend Danny Jocarter was at the wheel,

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Speaker 7: Diane's in the front seat, Texas in the back, and

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Speaker 7: as they made their way into downtown Atlanta, there was

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Speaker 7: some traffic, so they got diverted, got off the highway,

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Speaker 7: and that is when text claims that he woke up,

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Speaker 7: looked out the window and saw a group of homeless

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Speaker 7: people and some Black Lives Matter of protesters gathering in

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Speaker 7: this area off what's called the Downtown Protector Light in

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Speaker 7: the heart of downtown Atlanta.

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Speaker 1: I'm glad you corrected me, Mike. I forgot it was

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Speaker 1: also the homeless people's fault. Go ahead.

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Speaker 7: So they get off the highway and he looks around.

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Speaker 7: He says, girls, I don't think we should have gone

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Speaker 7: this direction. Please hand me my gun. His gun is

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Speaker 7: in the console. It's in a plastic public shopping He

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Speaker 7: puts it in his lap and then claims to have

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Speaker 7: fallen back asleep. They're driving through downtown into an area

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Speaker 7: of Atlanta known as Midtown, just north of there, right

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Speaker 7: on Piedmont Avenue, right next to Piedmont Park, of sprawling

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Speaker 7: green space, right in the heart of Midtown Atlanta, where

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Speaker 7: folks come to congregate for festivals, very popularity, with restaurants,

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Speaker 7: highly populated, a lot of folks out milling about. And

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Speaker 7: that's when he claims the guns in his lap. He

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Speaker 7: gets jerked away by this bump in the road and

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Speaker 7: the gun goes off.

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Speaker 1: Okay, well, well wait, you know, Mike Pasink, You know

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Speaker 1: I've been a big fan of yours for a long time.

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Speaker 1: Not the creepy kind. It stalks you and tries to

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Speaker 1: look in your window. But following your work is a

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Speaker 1: better way to put it. But I love the way

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Speaker 1: you just put that. The gun just went off. It's

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Speaker 1: like a snake coiled up in the corner. It just

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Speaker 1: strikes all on his own bs paginic. He pulled the trigger,

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Speaker 1: the gun man just go off. It didn't. Malfunction was

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Speaker 1: pulled and he shot his wife. Dad isn't that true?

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Speaker 2: Well, that was the.

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Speaker 7: Question was whether he had cocked the gun prior to that, because,

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Speaker 7: as you know, if the gun isn't cocked, it takes

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Speaker 7: a lot of pressure for someone to pull a trigger,

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Speaker 7: and so if the gun were cocked, a hairpin would

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Speaker 7: set it up, right, So that was sort of the.

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Speaker 2: Story.

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Speaker 1: A hairpin, Yeah, a hairpin, Yeah, one hairpin, Now, I'm serious.

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Speaker 1: A hairpin would have set it off. It was his finger,

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Speaker 1: Is that the hairpin to which you are referring?

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Speaker 2: Perhaps?

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Speaker 7: Perhaps, But that was never established whether the trigger was

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Speaker 7: actually pulled, I mean, whether the gun was cock.

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Speaker 1: Okay, it was never established whether the gun was cocked

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Speaker 1: or not. Agree, But was it established it was his

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Speaker 1: finger on the trigger.

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Speaker 7: Right for the gun to have gone off the way

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Speaker 7: he's asserting, it would have had to have been pulled

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Speaker 7: back if it were that simple. Otherwise he would have

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Speaker 7: had to apply good five pounds of pressure to pull

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Speaker 7: the trigger, which would mean that he was intentionally pulling

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Speaker 7: the trigger.

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Speaker 1: Right cocked or not cocked. Do you disagree that he

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Speaker 1: pulled the trigger.

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Speaker 8: He had to pull the trigger if the gun went off,

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Speaker 8: So the gun didn't just go off, He pulled the trigger.

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Speaker 7: The question is whether he applied the pressure to pull

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Speaker 7: the trigger if the gun were not cocked.

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Speaker 1: If you know what, that's the first time I've laughed today.

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Speaker 1: Isn't that the first time I've laughed today? Okay? So,

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Speaker 1: Darald Cohen, I think Mike Patchinnik, as famous as he

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Speaker 1: has become throughout the South at WSBTV Channel two, he

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Speaker 1: may have lost his calling because he would make one

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Speaker 1: h double l of a defense attorney. Because I've never

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Speaker 1: heard anybody, really other than you, be able to suggest

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Speaker 1: that even though he pulled the trigger, it was an accident.

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Speaker 2: Well, Nancy, you're going to hear it from me. How

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Speaker 2: many times? How many times do we know that he

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Speaker 2: practiced firing a weapon from the back seat through a

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Speaker 2: front seat into a person before this? We don't how many?

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Speaker 2: How many times was the trigger pulled once? How much

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Speaker 2: do we know? Was he drunk? Was he sleeping? I

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Speaker 2: don't even think that matters.

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Speaker 1: He said he was sleeping and woke up and that

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Speaker 1: it was the black people and the homeless people that

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Speaker 1: scared him, so he shot his wife. Yeah. I don't

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Speaker 1: even understand this. Everyone keeps talking about Midtown, like his

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Speaker 1: son and the fairies. I lived there. It's not. I

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Speaker 1: lived right there, about three blocks from where this went

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Speaker 1: down for years and years and years and never had

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Speaker 1: a problem. But somehow it's the neighborhood, it's the homeless people,

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Speaker 1: it's the like man. It's all their fault because he

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Speaker 1: pulled the trigger. And you and Patinic can talk about

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Speaker 1: how was it an accident that he pulled the trigger.

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Speaker 1: He I could hold a gun up right now, point

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Speaker 1: it at Jackie sitting here in the studio and pull

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Speaker 1: it and go oh, that was an accident, isn't it true,

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Speaker 1: Darryl Cohen? The law, the black and white letter of

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Speaker 1: the law, presumes you intend the natural consequence of your eye.

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Speaker 1: I can't hold a gun up to her and pull

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Speaker 1: the trigger and go oh, I just meant to scare her.

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Speaker 1: I didn't mean to blow her face off. The law

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Speaker 1: presumes you mean the natural consequence of your act. And

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Speaker 1: if he's holding a gun with his finger on the

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Speaker 1: trigger in the back seat and the barrel is pointed

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Speaker 1: at her seat, what does the law presume, Darryl.

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Speaker 2: If there was no back seat, if he was pointing

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Speaker 2: it directly at her and everything else. And by the way,

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Speaker 2: Nancy let's use a kids method. Keep it short, stupid,

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Speaker 2: keep it simple, stupid. This is simple in my view.

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Speaker 2: We don't know what type of material was in the

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Speaker 2: seat between Okay, you.

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Speaker 1: Know what, Sometimes I forget. This is your job to

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Speaker 1: make what is very clear, very muddy crime stories with

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Speaker 1: Nancy Grace Claude Lee. Tex MacIvor the third just plag

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Speaker 1: guilty to involuntary manslaughter in exchange for an eight year

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Speaker 1: prison sentence. That is a drastic change from the life

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Speaker 1: sentence he originally got after trial. He is now immediately

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Speaker 1: eligible for parole. Seriously, did anybody think about that before

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Speaker 1: they entered a sweetheart deal? Why not just retry him

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Speaker 1: and get another serious conviction. This guy show his wife?

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Speaker 1: Why is he going to walk free? Mike Pachinnik tell

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Speaker 1: me about the juries verdict and the nurses who testified

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Speaker 1: on one Friday morning in court, how macival was completely

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Speaker 1: emotionless at the hospital, and that Diane herself said MacIvor

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Speaker 1: had been holding a gun behind her back, and that

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Speaker 1: she chose not to see her husband before she died.

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Speaker 1: She was asked, do you want him to come in?

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Speaker 1: She did not want him in the room with her.

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Speaker 7: Mike that's right, And everybody said that he was not

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Speaker 7: acting like you would expect a grieving husband to act,

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Speaker 7: you know, emotionless, perhaps in shock, but not certainly acting

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Speaker 7: like somebody who had just shot their wife, whether it

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Speaker 7: was accidental or not. And you know, yes, she did

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Speaker 7: not want to see him there in the er. Now,

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Speaker 7: you could perhaps argue she didn't want him to see

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Speaker 7: her in that condition, but you could also argue that

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Speaker 7: she was mad at him for what had happened, and

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Speaker 7: you know, didn't want to have him around for that situation.

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Speaker 1: Mike, are you married?

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Speaker 2: Yes?

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Speaker 7: I am?

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Speaker 1: Okay, is there me too? And he better say the

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Speaker 1: same thing, Mike, has your wife ever been in the

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Speaker 1: hospital or been really really sick?

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Speaker 7: Unfortunately she has?

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Speaker 1: Okay. Did she want you to stay out of the

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Speaker 1: room because she thought she didn't look good? No, because

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Speaker 1: my husband when Lucy and I almost died childbirth, my

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Speaker 1: husband never left my side, not once, and I didn't

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Speaker 1: care how I looked. I wanted him to be there,

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Speaker 1: even if it was the bitter end. You're a Darryl

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Speaker 1: Cohen saying, well, had this guy ever had target practice?

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Speaker 1: I'm glad you brought that up as a defense Daryl Cohen,

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Speaker 1: which is one of the reasons I like to follow

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Speaker 1: the cardinal rule in court. Don't ask the question that

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Speaker 1: you don't already know the answer to. Take a listen

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Speaker 1: to our cut five. This is Our Friend at forty

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Speaker 1: eight hours.

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Speaker 5: But Text was no stranger to guns, with a collection

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Speaker 5: of nearly forty including rifles and ar fifteen's you're.

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Speaker 1: A classes or anything like that.

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Speaker 5: You know, the idea that Tex macivers should have known

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Speaker 5: better was about to become a central theme in this case.

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Speaker 1: But it's what Text did after.

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Speaker 5: The shooting that to some made him seem more and

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Speaker 5: more like a killer.

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Speaker 1: It gets really crazy.

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Speaker 4: I think we've called it a textbook example of what

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Speaker 4: not to do after you kill your wife, and one of.

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Speaker 1: Those things was to immediately sell his highly successful wives

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Speaker 1: beautiful clothes or purses, her belongings, her jewelry. He basically

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Speaker 1: had a fire sell almost immediately after his wife is

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Speaker 1: shot dead by him. That's one of the things. Take

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Speaker 1: a listen our cut six are Friends at Fox five.

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Speaker 9: Listened as prosecutors asked a judge to delay any additional

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Speaker 9: sales of missus mcgiver's valuables.

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Speaker 10: If a defendant is allowed access to the proceeds of

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Speaker 10: either the benefits of the will and or the benefits

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Speaker 10: of the insurance policy, they can.

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Speaker 1: Conceivably deplete all of those assets.

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Speaker 10: And if a disposition is then entered where mister mcgiver,

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Speaker 10: for instance, was found guilty of murder or felony murder

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Speaker 10: of voluntary manslaughter under the Slayer statute, all of those

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Speaker 10: proceeds would have to be returned to missus mcgiver's estate,

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Speaker 10: and if he's not, all of those proceeds would then be.

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Speaker 9: His attorney William Hill challenged whether it was even necessary

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Speaker 9: to hold this hearing Tex mcgiver, who says the sale

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Speaker 9: is intended to award four of Diane's friends with settlements

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Speaker 9: called for in the will. He says he would have

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Speaker 9: been willing to first place all the proceeds in probate court.

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Speaker 9: Now it is the probate court that Judge Constance Russell

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Speaker 9: says should have handled the matter altogether, and she says

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Speaker 9: to the prosecution that's where it should go. She denied

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Speaker 9: the motion.

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Speaker 1: Okay, let me understand this. Daryl Cohen, so after he

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Speaker 1: shoots his wife in the back, after she says, don't

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Speaker 1: let him in my hospital room. Just before she dies,

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Speaker 1: he has a fire sell of all of her minks

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Speaker 1: and her jewels, and her designer's shoes and handbags and clothes.

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Speaker 1: Did I hear that correctly, Darryl Cohen?

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Speaker 2: I think you did, Nancy.

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Speaker 1: I think I did too.

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Speaker 2: What his actions were incomprehensible. But here's a man who

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Speaker 2: was absolutely incomprehensible. His actions, his demeanor. All of that

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Speaker 2: doesn't make sense. It goes under. It doesn't this stuff up.

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Speaker 1: It does make sense, It makes perfect sense. You know

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Speaker 1: what I've got right here in the studio with me,

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Speaker 1: My dad's shirt he wore all the time, his favorite

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Speaker 1: shirt in my closet. What you see every morning, Keith,

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Speaker 1: my fiance. That was baseball. He was on baseball scholarship.

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Speaker 1: And sometimes they make me sad, and sometimes they give

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Speaker 1: me strength. But somebody would have to go through hell

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Speaker 1: and high water to get either one of those things

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Speaker 1: away from me. And here he's having a yard sell.

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Speaker 1: Doctor Sherry Schwartz joining me forensics psychologists specializing in crime

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Speaker 1: and law, where law and psychology intersect. Doctor Sherry, I

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Speaker 1: don't find it difficult or incomprehensible as Darryl Cohen makes out.

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Speaker 1: I find it very simple and easy to understand. He

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Speaker 1: killed his wife and he wants her money and none

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Speaker 1: of her possessions. Nothing that was dear to her means

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Speaker 1: anything to him. He's selling it all. He might as

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Speaker 1: well just throw it out all the sidewalk.

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Speaker 11: Absolutely, here's what we know. Here's what grief research tells us.

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Speaker 11: One of the biggest challenge for widows in particular is

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Speaker 11: to clean out the closets of their loved one. They

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Speaker 11: want to hold on to the belongings because it makes

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Speaker 11: them feel close to the person.

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Speaker 1: They have guilt.

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Speaker 11: They don't want to get rid of the belongings because

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Speaker 11: then it's almost like you're staying out with the old

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Speaker 11: in with the news. Knew, but Tex mcgiver didn't seem

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Speaker 11: to struggle with that.

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Speaker 1: What exactly happened in that car, The aiming that Diane

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Speaker 1: was the murder was I'll just say shots. As we're

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Speaker 1: still arguing about the fact of the murder, take a

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Speaker 1: listen to our cut three. This is Valerie Hoff at

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Speaker 1: eleven Alive.

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Speaker 6: As police investigate how a gun went off inside the vehicle.

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Speaker 6: Putnam County Sheriff Howard Sills is remembering a close friend

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Speaker 6: of many years.

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Speaker 1: He says.

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Speaker 6: The mcgivers, who divided their time between Buckhead and Eatenton,

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Speaker 6: were philanthropists who were very involved in the community, often

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Speaker 6: entertaining at mcgiver ranch.

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Speaker 2: Diane, they say, five facious, beautiful, entertaining a woman who

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Speaker 2: was a lot of fun to be around.

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Speaker 6: Atlanta police have not yet completed their investigation, though they

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Speaker 6: say they are fairly close. Sheriff sil says tex Maguiver,

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Speaker 6: a prominent Atlanta attorney, is distraught and grief stricken.

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Speaker 1: So distraught and grief stricken, he has a yard sell

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Speaker 1: in the last days we learn that high profile lawyer

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Speaker 1: out of Atlanta techs MacIver, the wannabe cowboy will quote

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Speaker 1: Max out in the fall of twenty twenty five that

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Speaker 1: what does that mean he's going to be released by

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Speaker 1: that date? And actually through parole there is a very

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Speaker 1: strong possibility he will be released earlier. In fact, the

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Speaker 1: parole bor could decide to release him today. I'm telling

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Speaker 1: you this is the case of rich Man's justice, and

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Speaker 1: I don't like it. Now take us to our cut

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Speaker 1: for our friends from forty eight hours.

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Speaker 4: Diana is seated in the passenger seat. Texas seated right

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Speaker 4: behind his wife.

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Speaker 5: Not far from home. They in traffic and exited the highway.

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Speaker 5: Tex says he woke up, saw homeless people and became worried.

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Speaker 5: A spokesman would later say that Tex asked for his

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Speaker 5: gun because he was afraid of carjackers and Black Lives

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Speaker 5: Matter protesters. With that loaded gun now in his lap,

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Speaker 5: Tex says he fell back asleep.

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Speaker 2: I realized it was in my lab and writing.

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Speaker 5: Gun expert Davis, can a thirty eight special just accidentally

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Speaker 5: go off?

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Speaker 1: Never known it to happen. You have to pull the trigger, Jimmy, Oh,

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Speaker 1: what is your challenge with this gun?

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Speaker 12: Well, I think you just put your finger on it.

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Speaker 1: Clearly a trigger was pulled.

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Speaker 12: The question is it was that a voluntary knowing, an

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Speaker 12: intentional action, or an involuntary action based upon an accident.

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Speaker 1: I mean, Lisa, Daddy, he's wanting to me form and

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Speaker 1: police lieutenant when you have in PD and now director

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Speaker 1: of the Center for Advanced Policing, Lisa, thank you for

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Speaker 1: being with us. You hear this guy has the collection

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Speaker 1: of forty guns, including an AR. You also hear the

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Speaker 1: ballistics experts say a thirty eight is not going to

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Speaker 1: go off. Quote on its own, what do you make

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Speaker 1: of it.

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Speaker 13: It's an excuse he's using it, and that's just my

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Speaker 13: personal feeling. You don't have that volume of firearms, and

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Speaker 13: one would assume he has adequate training and he knows

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Speaker 13: what he's doing with the firearm for something to go off,

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Speaker 13: quote accidentally having your finger on the trigger, being able

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Speaker 13: to pull that trigger with however many pounds is required

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Speaker 13: for the weapon that was used in this murder. It

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Speaker 13: just doesn't make any sense.

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Speaker 2: And hearing it.

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Speaker 13: And seeing it, it's just it's honestly mind boggling the

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Speaker 13: claims in this case that it was anything but murder.

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Speaker 1: And let's talk about the trajectory path in the case.

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Speaker 1: Doctor Kendall Crowns is joining me, Chief Medical Examiner of

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Speaker 1: Trett County. That's fort Worth Lecturer, University of Texas and

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Speaker 1: Texas A and m and On Faculty, University of Texas

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Speaker 1: Medical Branch. Doctor Crowns, thank you for being with us.

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Speaker 1: What can you tell us about the trajectory path?

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Speaker 14: So the trajectory path of the bullet was listed by

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Speaker 14: the medical examiner going from back to front, right to

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Speaker 14: left and downwards. There was some question of whether it

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Speaker 14: was upwards, but based on what the medical examiner said

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Speaker 14: it did have a downward trajectory path.

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Speaker 1: Okay, doctor Kendall Crowns, could you translate that? What does

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Speaker 1: that mean? If he's sitting in the back seat and

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Speaker 1: you've got obviously back to front, which means he's shot

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Speaker 1: from the back seat, she's sitting in the front seat

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Speaker 1: from right to left. Must mean he scooted over or

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Speaker 1: in the very middle. If the trajectory goes from her

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Speaker 1: right to her left, and you're saying up to down,

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Speaker 1: up to down, like right under the breast, downward toward

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Speaker 1: the hip in that, what does that mean? Where would

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Speaker 1: he have been sitting? How would that have happened?

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Speaker 14: So if the gun itself would have to be slightly

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Speaker 14: to have a downward wound course, kind of slightly elevated

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Speaker 14: based on the entrance wound, So it's you know, if

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Speaker 14: it's sitting in his lap like the he is saying,

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Speaker 14: it's a possibility that the guns firing from a waste

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Speaker 14: height of him hitting her in the back and then

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Speaker 14: going in a slightly downward course.

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Speaker 1: And he's right handed, that if it were to go

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Speaker 1: off in that direction and he's holding it in his

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Speaker 1: right hand, he'd have to turn. I don't see how

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Speaker 1: that would be achieved by just sit in the back

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Speaker 1: seat with your hand holding the gun in your finger

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Speaker 1: on the trigger. If that were to you and you're

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Speaker 1: right handed, it would have gone off toward the driver's side,

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Speaker 1: not the passenger side.

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Speaker 14: That's correct, if he's sitting that Yeah, I mean, you

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Speaker 14: make a good point. It would be difficult if he's

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Speaker 14: firing it from his right hand for it to have

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Speaker 14: a right to left trajectory based on her position in

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Speaker 14: the car.

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Speaker 1: Okay, so, doctor Kennel Crowns, I was thinking left to right.

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Speaker 1: You said this was right to left. Correct? Correct? Okay,

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Speaker 1: that makes more sense if he's right hand and he's

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Speaker 1: on the right and he's turned that way. Yeah. Still,

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Speaker 1: but still you've got up to down. That doesn't make

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Speaker 1: sense if he's sitting behind her holding the gun in

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Speaker 1: his lap, as he says, how would the trajectory path.

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Speaker 14: Be up to down again, I mean it's it's difficult

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Speaker 14: to say. Based on the level of the chairs in

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Speaker 14: the car, I would assume they're all level. He would

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Speaker 14: expected to be more of a just no upward downward deviation,

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Speaker 14: just to be a straight shot through. So it does

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Speaker 14: show that the gun is slightly above her position when

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Speaker 14: it's fired to give it a downward course. Again, I

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Speaker 14: don't have a good explanation for that too.

437
00:26:18,640 --> 00:26:24,120
Speaker 1: Mike Patan joining me, former reporter WSB TV channel to Atlanta.

438
00:26:24,600 --> 00:26:28,000
Speaker 1: How did the defense, if you can recall, explain away

439
00:26:28,119 --> 00:26:29,320
Speaker 1: that trajectory path.

440
00:26:29,560 --> 00:26:33,240
Speaker 7: Well, I mean they claimed that, you know, the way

441
00:26:33,280 --> 00:26:36,280
Speaker 7: he was sitting, you know, that the gun would have

442
00:26:36,320 --> 00:26:39,479
Speaker 7: been on his lap. And you know, they had a

443
00:26:39,520 --> 00:26:45,119
Speaker 7: defense expert who testified that the gun would not have

444
00:26:45,160 --> 00:26:47,080
Speaker 7: been against the seat, that it would have been, you know,

445
00:26:47,200 --> 00:26:51,400
Speaker 7: back a few inches when fired. Test for gunshot residue

446
00:26:51,440 --> 00:26:56,040
Speaker 7: were not conducted by APD according to this expert, and

447
00:26:56,520 --> 00:26:58,560
Speaker 7: that he said, the gun really wouldn't have been pressed up.

448
00:26:58,440 --> 00:27:00,640
Speaker 2: Against the seat, had to have been at least six inches.

449
00:27:00,359 --> 00:27:05,840
Speaker 7: Away and potentially in that plastic bag, as they had said,

450
00:27:06,280 --> 00:27:09,679
Speaker 7: And that, you know, with the gun resting on his

451
00:27:09,800 --> 00:27:13,600
Speaker 7: thigh in that way, due to what they called spatial

452
00:27:13,680 --> 00:27:16,879
Speaker 7: constraints inside the suv, holding the gun vertically would not

453
00:27:16,920 --> 00:27:17,680
Speaker 7: have been possible.

454
00:27:17,920 --> 00:27:22,720
Speaker 1: Okay, I hear you talking about what the defense said.

455
00:27:22,720 --> 00:27:26,520
Speaker 1: With spatial constraints in the car, I know this. They

456
00:27:26,520 --> 00:27:29,879
Speaker 1: can spatial constraint, constraint all they want to, But he

457
00:27:29,960 --> 00:27:33,080
Speaker 1: pulled the trigger, and she's dead, and she did not

458
00:27:33,600 --> 00:27:38,520
Speaker 1: want him in the room with her as she was dying.

459
00:27:40,280 --> 00:27:45,000
Speaker 1: That's got to count for something. And you heard people

460
00:27:45,040 --> 00:27:49,600
Speaker 1: describe his behavior afterwards as what not to do after

461
00:27:49,680 --> 00:27:54,520
Speaker 1: your spouse dies. Take a listen now to our cut seven.

462
00:27:54,680 --> 00:27:57,480
Speaker 5: So in the car, you have the man who pulls

463
00:27:57,520 --> 00:28:00,320
Speaker 5: the trigger, the woman who dies, and the driver. All

464
00:28:00,359 --> 00:28:03,480
Speaker 5: three of these people initially say it was an accident.

465
00:28:03,880 --> 00:28:06,000
Speaker 5: What happens after they get out of the cars.

466
00:28:06,160 --> 00:28:07,600
Speaker 1: Text changes his story.

467
00:28:07,359 --> 00:28:09,680
Speaker 5: A couple of times, and the driver of the car,

468
00:28:09,720 --> 00:28:13,200
Speaker 5: who originally said it was a terrible tragedy, a terrible accident,

469
00:28:13,560 --> 00:28:16,440
Speaker 5: she changes her story, and she says that Texts asked

470
00:28:16,480 --> 00:28:19,880
Speaker 5: her to change her story as well. He also then

471
00:28:19,960 --> 00:28:23,119
Speaker 5: goes on to auction off all of her belongings. She

472
00:28:23,240 --> 00:28:26,520
Speaker 5: had hundreds of thousands of dollars worth of jewelry and

473
00:28:26,640 --> 00:28:30,960
Speaker 5: furs and Coulture clothing. And now he says it was

474
00:28:31,000 --> 00:28:33,840
Speaker 5: at the behest of a lawyer who was running her estate.

475
00:28:34,240 --> 00:28:38,240
Speaker 5: But each thing he does individually it looks a little odd,

476
00:28:38,280 --> 00:28:40,560
Speaker 5: but collectively it just doesn't look good at all.

477
00:28:40,720 --> 00:28:43,920
Speaker 1: What does she mean by that, Mike Pichinning joining me

478
00:28:44,000 --> 00:28:48,719
Speaker 1: formly with WSBTV, What does she mean that the driver

479
00:28:48,840 --> 00:28:51,440
Speaker 1: of Danny Joe Carter also changed her story.

480
00:28:51,600 --> 00:28:55,000
Speaker 2: Well, you know, in the days after the shooting.

481
00:28:55,520 --> 00:28:59,960
Speaker 7: We know that text Baguiver called her left a voicemaan

482
00:29:00,600 --> 00:29:05,200
Speaker 7: on her husband's phone, essentially saying she's going to send

483
00:29:05,200 --> 00:29:07,000
Speaker 7: me to prison. You got to help me here, buddy,

484
00:29:07,520 --> 00:29:10,440
Speaker 7: And that's, of course why he was convicted of witness

485
00:29:10,440 --> 00:29:13,160
Speaker 7: camp ring. But she was she was fearful, She was

486
00:29:13,200 --> 00:29:14,760
Speaker 7: worried that he was going to come after her.

487
00:29:15,080 --> 00:29:17,960
Speaker 1: When he wanted her, the driver Dannie Lin Carter, to

488
00:29:18,080 --> 00:29:20,880
Speaker 1: change her story. What did he want her to say, Mike,

489
00:29:21,120 --> 00:29:21,560
Speaker 1: Oh yeah, I.

490
00:29:21,560 --> 00:29:23,960
Speaker 7: Mean you wanted her say this was this was an accident.

491
00:29:24,040 --> 00:29:25,920
Speaker 7: He wanted her to corroborated story.

492
00:29:26,200 --> 00:29:29,360
Speaker 1: So in the end everything changed. I want you to

493
00:29:29,440 --> 00:29:34,520
Speaker 1: hear what we know about Diane before her death, refusing

494
00:29:34,560 --> 00:29:37,120
Speaker 1: to have her husband with her as she was rolled

495
00:29:37,320 --> 00:29:40,440
Speaker 1: into the er. Take a listen to hour cut twelve

496
00:29:40,520 --> 00:29:41,840
Speaker 1: Our Friends at eleven Alive.

497
00:29:42,080 --> 00:29:44,960
Speaker 8: Before Diane went into the operating room, doctor Hardy asked

498
00:29:44,960 --> 00:29:47,480
Speaker 8: Diane if she wanted to see her husband. Here is

499
00:29:47,600 --> 00:29:51,520
Speaker 8: doctor Hardy recalling that question, followed by Diane's response to

500
00:29:51,800 --> 00:29:54,120
Speaker 8: questions about the shooting itself, and.

501
00:29:55,560 --> 00:29:59,720
Speaker 7: She appeared to be coherent when she said, no, correct right.

502
00:30:00,280 --> 00:30:01,400
Speaker 1: She said it was an act.

503
00:30:02,680 --> 00:30:03,960
Speaker 2: She wasn't arrest.

504
00:30:04,040 --> 00:30:05,800
Speaker 9: What she said, no, you.

505
00:30:07,440 --> 00:30:08,680
Speaker 2: Steered her one direction.

506
00:30:08,720 --> 00:30:10,880
Speaker 12: You know, it's again to say something.

507
00:30:12,680 --> 00:30:31,000
Speaker 1: In her compuriscy she said was yes, Prime Stories with

508
00:30:31,120 --> 00:30:36,680
Speaker 1: Nancy Grace. I'm looking at text Machaiva right now, all

509
00:30:36,800 --> 00:30:41,040
Speaker 1: dressed up in his uh Brooks brother suit, wearing the

510
00:30:41,040 --> 00:30:45,400
Speaker 1: American flag on his lapel, looking pretty darn smug with

511
00:30:45,480 --> 00:30:50,440
Speaker 1: his fleet of lawyers Michael Chenning, What exactly was the verdict?

512
00:30:50,960 --> 00:30:54,200
Speaker 1: On which level offense was he convicted?

513
00:30:54,280 --> 00:30:58,640
Speaker 7: So he was convicted of felony murder, which, as you know, Nancy,

514
00:30:58,680 --> 00:31:02,360
Speaker 7: in the state of Georgia, means that the jury believed

515
00:31:02,400 --> 00:31:06,560
Speaker 7: that he was committing that felony of aggravated assault to

516
00:31:07,280 --> 00:31:10,760
Speaker 7: wound his wife and she died during the commission of

517
00:31:10,800 --> 00:31:15,840
Speaker 7: that felony. But what was curious was after the verdict

518
00:31:16,680 --> 00:31:19,520
Speaker 7: a juror wrent on TV and was asked, point blank,

519
00:31:19,640 --> 00:31:23,320
Speaker 7: do you feel like this was you know, malicious in

520
00:31:23,360 --> 00:31:25,440
Speaker 7: any way? Of course, he wasn't convicted of malice murder,

521
00:31:25,520 --> 00:31:27,280
Speaker 7: but he was convicted of selling murder, and the juror

522
00:31:27,680 --> 00:31:30,320
Speaker 7: was seemed kind of confused and was like, you know,

523
00:31:30,400 --> 00:31:31,840
Speaker 7: I think he did what he had to do. He

524
00:31:31,880 --> 00:31:35,480
Speaker 7: shot her to incapacitate her so he could somehow control her.

525
00:31:36,120 --> 00:31:39,200
Speaker 7: So there was a lot of confusion after that verdict.

526
00:31:39,440 --> 00:31:44,320
Speaker 1: Nancy, take a listen hour cut thirteen. The jury, four persons.

527
00:31:43,400 --> 00:31:44,800
Speaker 2: A verdict into the record.

528
00:31:48,320 --> 00:31:49,880
Speaker 11: Murder reminded.

529
00:31:52,720 --> 00:31:55,760
Speaker 2: On not to fell, murder reminded.

530
00:31:56,440 --> 00:32:02,560
Speaker 7: Defendant guilty murder uncopreehraated a fault.

531
00:32:02,880 --> 00:32:04,240
Speaker 11: We find the defendant.

532
00:32:03,960 --> 00:32:07,920
Speaker 7: Guilty uncount for the vision of a.

533
00:32:07,960 --> 00:32:09,520
Speaker 11: Fire or admission of abel.

534
00:32:09,960 --> 00:32:10,520
Speaker 2: We find a.

535
00:32:10,440 --> 00:32:14,800
Speaker 1: Dependent guilty on copio influencing a witness.

536
00:32:15,040 --> 00:32:16,320
Speaker 2: We find the dependent.

537
00:32:18,800 --> 00:32:24,120
Speaker 1: Darryl. You know we've all heard of ear witnesses. I

538
00:32:24,240 --> 00:32:27,280
Speaker 1: was just listening and I heard a voice that I

539
00:32:27,280 --> 00:32:33,120
Speaker 1: could identify anywhere. It was a longtime friend, a protege,

540
00:32:33,160 --> 00:32:38,640
Speaker 1: a person I trained myself, quint Rucker, a prospectute, one

541
00:32:38,680 --> 00:32:42,920
Speaker 1: of the prosecutors in this case. Darryl, could you explain

542
00:32:43,520 --> 00:32:48,120
Speaker 1: how it feels when you put your heart, your soul

543
00:32:48,600 --> 00:32:53,520
Speaker 1: into a case and you know the person is guilty

544
00:32:54,120 --> 00:32:57,960
Speaker 1: and has done a horrible thing, and an appellate court

545
00:32:58,680 --> 00:33:02,920
Speaker 1: in their ivory tower versus Nancy.

546
00:33:03,120 --> 00:33:08,280
Speaker 2: It's almost impossible to explain Clint Rucker won this case

547
00:33:08,360 --> 00:33:13,240
Speaker 2: in my view because of his purpasis. He was so saying,

548
00:33:13,560 --> 00:33:16,320
Speaker 2: oh my gosh, he was so good at what he did.

549
00:33:16,720 --> 00:33:20,160
Speaker 2: He made the jury realize, he brought the jury into

550
00:33:20,200 --> 00:33:23,800
Speaker 2: the car, He brought the jury into the life of

551
00:33:23,920 --> 00:33:28,400
Speaker 2: Text and Diane mckiv He was able to convince them

552
00:33:28,680 --> 00:33:31,959
Speaker 2: that what happened was not an accident. And when you

553
00:33:32,000 --> 00:33:34,640
Speaker 2: put your heart it sold into a case and you

554
00:33:34,720 --> 00:33:38,640
Speaker 2: believe everything that you've done, and then you have someone

555
00:33:39,000 --> 00:33:41,560
Speaker 2: or some ones in this case who are not in

556
00:33:41,600 --> 00:33:45,640
Speaker 2: the courtroom, who are only looking at the transcripts. It

557
00:33:45,800 --> 00:33:51,280
Speaker 2: destroys your whole fiber of your being for this particular case,

558
00:33:51,600 --> 00:33:54,360
Speaker 2: because you know what you did was right, You know

559
00:33:54,400 --> 00:33:57,040
Speaker 2: what you did was the correct thing to do, and

560
00:33:57,080 --> 00:34:00,280
Speaker 2: you argued and you persuaded this jury to do what

561
00:34:00,320 --> 00:34:04,280
Speaker 2: they should have done. And to see people who were

562
00:34:04,320 --> 00:34:09,240
Speaker 2: not there, who don't really don't know what the feelings

563
00:34:09,239 --> 00:34:12,560
Speaker 2: are the emotion. It's destroyed you from within.

564
00:34:12,520 --> 00:34:19,080
Speaker 1: And especially a good prosecutor, a decent, good person like Clint,

565
00:34:19,120 --> 00:34:22,719
Speaker 1: who gave it his all. And now this you know

566
00:34:22,760 --> 00:34:24,600
Speaker 1: what I want to talk about. I want to talk

567
00:34:24,600 --> 00:34:29,719
Speaker 1: about money, Mike Pitchinnik. You just heard Darryl Cohen, who

568
00:34:29,800 --> 00:34:33,319
Speaker 1: was a prosecutor in the same office with me under

569
00:34:33,360 --> 00:34:38,120
Speaker 1: mister Slayton. As you will recall describing the feeling you

570
00:34:38,239 --> 00:34:42,080
Speaker 1: get when an appellate court who really has no idea

571
00:34:42,120 --> 00:34:46,120
Speaker 1: what went on in the courtroom reverses your case. He's

572
00:34:46,280 --> 00:34:51,759
Speaker 1: mentioned the life they led. They lived pretty high on

573
00:34:51,760 --> 00:34:55,560
Speaker 1: the hog, Mike. It was all her money. He was floundering.

574
00:34:55,800 --> 00:34:57,400
Speaker 1: She was bailing him out, wasn't she.

575
00:34:57,520 --> 00:34:57,719
Speaker 8: Yeah.

576
00:34:57,719 --> 00:34:59,200
Speaker 7: I mean he worked at a big law firm. But

577
00:34:59,239 --> 00:35:01,759
Speaker 7: you mentioned it the beginning that he was sort of

578
00:35:02,200 --> 00:35:04,839
Speaker 7: set out the pasture right because he wasn't pulling his weight,

579
00:35:05,480 --> 00:35:08,799
Speaker 7: and she was definitely the breadwinner in that house. She

580
00:35:09,160 --> 00:35:13,200
Speaker 7: owned the ranch out in Eatington. There was testimony that

581
00:35:13,280 --> 00:35:16,600
Speaker 7: she was lending him hundreds of thousands of dollars to

582
00:35:16,840 --> 00:35:20,960
Speaker 7: bankroll his lavish lifestyle. In fact that during the trial

583
00:35:20,960 --> 00:35:22,560
Speaker 7: it came up that he sort of joked with her

584
00:35:22,600 --> 00:35:25,040
Speaker 7: that he had to win the lottery because he was

585
00:35:25,080 --> 00:35:28,360
Speaker 7: spending more than they were bringing in. And you know,

586
00:35:28,400 --> 00:35:31,399
Speaker 7: the prosecution put on a case that here's a guy

587
00:35:31,400 --> 00:35:36,200
Speaker 7: who stood to gain millions of dollars with Diane dead.

588
00:35:36,719 --> 00:35:38,799
Speaker 7: She was worth more to him dead than a lot.

589
00:35:39,000 --> 00:35:42,400
Speaker 1: You know, I think that's an illness dot to Shery Schwartz,

590
00:35:42,440 --> 00:35:45,640
Speaker 1: I really did not rising to the level of insanity.

591
00:35:45,719 --> 00:35:49,440
Speaker 1: But I mean, you know, doctor Sherry, we grew up

592
00:35:49,440 --> 00:35:51,760
Speaker 1: with nothing on a red dirt road in Middle Georgia.

593
00:35:52,520 --> 00:35:57,799
Speaker 1: And when you grow up that way, you know how

594
00:35:57,840 --> 00:36:00,920
Speaker 1: blessed you are when you finally get a job, you know,

595
00:36:01,000 --> 00:36:04,880
Speaker 1: when you finally get your first car. I mean, it

596
00:36:04,960 --> 00:36:08,320
Speaker 1: sounds like spending money and being used to a lavish

597
00:36:08,440 --> 00:36:12,400
Speaker 1: lifestyle was something he could not forego.

598
00:36:13,160 --> 00:36:16,560
Speaker 11: It does seem like that, and you're right there. It

599
00:36:16,600 --> 00:36:20,760
Speaker 11: may not in and of itself be a diagnosable mental illness,

600
00:36:20,760 --> 00:36:24,759
Speaker 11: but there is usually some sort of psychopathology underlying that,

601
00:36:25,440 --> 00:36:28,080
Speaker 11: whether it's mean. You know, we see it a lot

602
00:36:28,160 --> 00:36:32,800
Speaker 11: in narcissism, you know, we see it in histrionic personalities,

603
00:36:33,280 --> 00:36:36,160
Speaker 11: various things where people are spending and spending and spending

604
00:36:36,160 --> 00:36:39,040
Speaker 11: to try to fill some void and they think that

605
00:36:39,200 --> 00:36:41,400
Speaker 11: the stuff is going to help them fill that void.

606
00:36:42,120 --> 00:36:44,160
Speaker 1: I think you just get used to being rich. I

607
00:36:44,200 --> 00:36:46,920
Speaker 1: mean Darryl Cohen, You and I have prosecuted people that

608
00:36:46,960 --> 00:36:53,480
Speaker 1: were broke. We prosecuted really, really rich people up from

609
00:36:53,520 --> 00:36:58,799
Speaker 1: North Atlanta. Have you ever noticed how rich people they

610
00:36:58,880 --> 00:37:02,480
Speaker 1: are so cheap. They will spend all kinds of money

611
00:37:02,480 --> 00:37:05,680
Speaker 1: on themselves in a lavish lifestyle. They wouldn't give a

612
00:37:05,719 --> 00:37:09,320
Speaker 1: man on the corner a dollar if their life depended

613
00:37:09,400 --> 00:37:09,719
Speaker 1: on it.

614
00:37:09,960 --> 00:37:12,319
Speaker 2: We Well, Nancy, I think that's narcissism.

615
00:37:12,640 --> 00:37:16,680
Speaker 1: I'm sorry, I didn't realize you had your psychiatric degree

616
00:37:16,719 --> 00:37:19,480
Speaker 1: as well, but go ahead, it's.

617
00:37:19,320 --> 00:37:23,400
Speaker 2: My personal psychiatric degree. I just think that's narcissism, and

618
00:37:24,520 --> 00:37:27,120
Speaker 2: it's all about me. And this is what much of

619
00:37:27,120 --> 00:37:28,360
Speaker 2: this country has turned to be.

620
00:37:28,640 --> 00:37:33,719
Speaker 1: I mean that farm in Eatonton, that that was his idea.

621
00:37:34,040 --> 00:37:38,160
Speaker 1: The ranch, the farm, they had a full on staff,

622
00:37:38,360 --> 00:37:41,239
Speaker 1: there was a home, there were hundreds of acres that

623
00:37:41,360 --> 00:37:44,160
Speaker 1: had to be kept up for what so they could

624
00:37:44,239 --> 00:37:46,880
Speaker 1: drive an hour out of Atlanta and go sit on

625
00:37:46,880 --> 00:37:48,799
Speaker 1: the front porch on the weekend. I mean, that's a

626
00:37:49,000 --> 00:37:50,440
Speaker 1: huge ticket.

627
00:37:50,520 --> 00:37:53,680
Speaker 2: Item makes no sense to me. Never did. But you

628
00:37:53,760 --> 00:37:55,560
Speaker 2: can't make this stuff up.

629
00:37:55,719 --> 00:37:58,120
Speaker 1: You know, you just can't figure out rich people. I'm

630
00:37:58,160 --> 00:38:00,520
Speaker 1: just telling you that, I mean, might put it what

631
00:38:00,600 --> 00:38:01,480
Speaker 1: was their lifestyle.

632
00:38:01,680 --> 00:38:04,160
Speaker 7: I mean, they give me an example. They had a

633
00:38:04,239 --> 00:38:07,640
Speaker 7: private messuse that would come to their fancy condo and

634
00:38:07,719 --> 00:38:10,279
Speaker 7: Buckhead and you know, rub them down a couple of

635
00:38:10,320 --> 00:38:10,919
Speaker 7: times a week.

636
00:38:11,160 --> 00:38:12,400
Speaker 2: That had to have been expensive.

637
00:38:12,440 --> 00:38:15,120
Speaker 1: Okay, well, well, white white, white, white, white white, please,

638
00:38:15,440 --> 00:38:17,400
Speaker 1: Mike talking to me, I feel like I'm drinking out

639
00:38:17,400 --> 00:38:19,719
Speaker 1: of the fire hatch too much, too fast. Wait, could

640
00:38:19,760 --> 00:38:21,440
Speaker 1: you slow down and say that again? I need to

641
00:38:21,480 --> 00:38:22,480
Speaker 1: hear that one more time.

642
00:38:22,719 --> 00:38:26,280
Speaker 7: They had a private messuse who came to their fancy

643
00:38:26,320 --> 00:38:30,160
Speaker 7: Buckhead condo several times a week to give them a massage,

644
00:38:30,640 --> 00:38:33,000
Speaker 7: which had to have been very expensive. In fact, she

645
00:38:33,160 --> 00:38:36,480
Speaker 7: was called as a witness in the trials.

646
00:38:36,640 --> 00:38:39,800
Speaker 1: You know, I completely forgot that part. Tell me about

647
00:38:39,800 --> 00:38:40,280
Speaker 1: that part.

648
00:38:40,600 --> 00:38:40,799
Speaker 2: Yeah.

649
00:38:40,960 --> 00:38:45,200
Speaker 7: This was a young female messuse who became very close

650
00:38:45,400 --> 00:38:49,279
Speaker 7: with Diane an text over time, who would come and

651
00:38:49,320 --> 00:38:54,799
Speaker 7: give them massages. And frankly, during the trial, those of

652
00:38:54,880 --> 00:38:58,239
Speaker 7: us who were covering it were kind of waiting for

653
00:38:58,280 --> 00:39:01,239
Speaker 7: the prosecution to drop some shoe and claimed that there

654
00:39:01,320 --> 00:39:04,440
Speaker 7: was something untoured happening between Text and this miscuse that

655
00:39:04,560 --> 00:39:06,319
Speaker 7: did not happen, and that there was no evidence of

656
00:39:06,360 --> 00:39:08,560
Speaker 7: that that they were certainly kind of leading jurors down

657
00:39:08,600 --> 00:39:11,600
Speaker 7: that path. But that's just an example of the kind

658
00:39:11,640 --> 00:39:13,160
Speaker 7: of spending.

659
00:39:13,000 --> 00:39:13,799
Speaker 2: That they did.

660
00:39:13,880 --> 00:39:18,760
Speaker 7: They were, you know, they were high society folks.

661
00:39:18,520 --> 00:39:22,120
Speaker 1: You know, doctor Kendall Crown's chief medical Examiner, Terran County

662
00:39:22,719 --> 00:39:25,640
Speaker 1: as fort Worth, doctor Crown's. I'm sure you've heard the

663
00:39:25,640 --> 00:39:30,920
Speaker 1: phrase dying declaration many many times. That's an exception to hearsay,

664
00:39:31,719 --> 00:39:35,880
Speaker 1: and hearsay when you ask a witness to state under

665
00:39:35,880 --> 00:39:38,960
Speaker 1: oath to a jury or in court what somebody else said,

666
00:39:39,160 --> 00:39:42,640
Speaker 1: that's not there to be cross examined. That's the problem

667
00:39:42,680 --> 00:39:47,120
Speaker 1: with hearsay. You can't cross examine the speaker. Dying declaration

668
00:39:47,280 --> 00:39:52,319
Speaker 1: completely different. And in this case, Diane said no, I

669
00:39:52,520 --> 00:39:55,799
Speaker 1: don't want to see him. That was her dying declaration.

670
00:39:55,880 --> 00:39:58,839
Speaker 1: She did not want him around her. Have you had

671
00:39:58,960 --> 00:40:02,480
Speaker 1: other cases of your let me just say, patients that

672
00:40:02,600 --> 00:40:06,719
Speaker 1: gave dying declarations, and do you believe that based on

673
00:40:06,719 --> 00:40:09,359
Speaker 1: what you know, Diane understood what she was saying at

674
00:40:09,400 --> 00:40:09,799
Speaker 1: the end.

675
00:40:10,680 --> 00:40:13,719
Speaker 14: You know, I have had other cases in which there

676
00:40:13,920 --> 00:40:15,839
Speaker 14: was you know, they asked for family to be by

677
00:40:15,880 --> 00:40:18,840
Speaker 14: their side, or asked to go home, things of that nature.

678
00:40:19,400 --> 00:40:23,319
Speaker 14: Based on her injuries, I don't feel like she had

679
00:40:23,400 --> 00:40:28,440
Speaker 14: anything that would have caused her cognition or her ability

680
00:40:28,480 --> 00:40:33,239
Speaker 14: to think clearly to be disrupted. So I feel like

681
00:40:33,560 --> 00:40:36,279
Speaker 14: she knew what she was saying at the time she

682
00:40:36,600 --> 00:40:40,240
Speaker 14: passed away and had a whatever purpose in her mind

683
00:40:40,400 --> 00:40:44,320
Speaker 14: for it. I don't think it was a confused statement.

684
00:40:44,440 --> 00:40:47,680
Speaker 14: I think it was something that she just didn't want

685
00:40:47,760 --> 00:40:48,759
Speaker 14: him around at the end.

686
00:40:49,160 --> 00:40:54,320
Speaker 1: Mike Patinik with Me, high profile reporter formerly WSBTV Channel two.

687
00:40:55,040 --> 00:40:59,960
Speaker 1: Why did the supremes claim they had to reverse this decision?

688
00:41:00,320 --> 00:41:05,680
Speaker 7: They claimed that there was then evidence at best that

689
00:41:05,840 --> 00:41:09,279
Speaker 7: there was an intentional murder committed here.

690
00:41:09,160 --> 00:41:12,400
Speaker 1: But it wasn't unintentional murder conviction. It was a felony

691
00:41:12,480 --> 00:41:14,200
Speaker 1: murder conviction right right.

692
00:41:14,320 --> 00:41:16,839
Speaker 7: And they are claiming that the jury should have been

693
00:41:16,880 --> 00:41:21,080
Speaker 7: given the option to convict Tex mcgiver of the much

694
00:41:21,200 --> 00:41:26,440
Speaker 7: lesser misdemeanor involuntary man splutter charge, which would say that

695
00:41:26,520 --> 00:41:29,960
Speaker 7: this was a reckless act and accident, and they were

696
00:41:30,040 --> 00:41:33,840
Speaker 7: not given that instruction, so because of that they overturned

697
00:41:33,840 --> 00:41:34,240
Speaker 7: the conviction.

698
00:41:34,880 --> 00:41:40,920
Speaker 1: He doesn't fool me. He shot his wife dad, and

699
00:41:41,000 --> 00:41:44,520
Speaker 1: I do not believe for one minute any any one

700
00:41:44,960 --> 00:41:47,719
Speaker 1: of as many stories he came up with as to

701
00:41:47,840 --> 00:41:50,719
Speaker 1: why he pulled the trigger. But this is what I

702
00:41:50,800 --> 00:41:56,040
Speaker 1: do know. He is set to walk free. We wait

703
00:41:57,200 --> 00:42:00,399
Speaker 1: as justice unfolds. Goodbye friend,