0:00

Attention

0:02

shoppers. All new deets and wats and

0:04

snacks are available in the deli section.

0:06

There's deep nuts, meat nuts, protein

0:08

packs, sausage bites, and

0:10

it's chips, pickles to heat like chips,

0:13

fresh, crunchy, no added brine,

0:15

and deep some fats on tree,

0:18

meat, crackers, and a tree.

0:20

Yo. I told you you can't be back here.

0:22

Your door was unlocked. They

0:24

won't need to know. Bates and wants. and

0:27

made cheese snacks since nineteen

0:29

thirty nine.

0:31

This is of Vault Studios production.

0:38

IT'S

0:38

ALMOST THE END OF MARCH AND THERE HAVE BEEN

0:40

TWO WEEKS OF TESTIMONY IN THE TEX McIVER

0:42

MURDER TRIAL SO FAR. Doctors,

0:45

nurses, friends, detectives, and

0:48

of course Danny Joe Carter, the

0:50

woman driving the McIvers SUV,

0:53

the night Diane McI her was shot

0:55

and killed, but there's more

0:57

courtroom drama to come.

0:59

Did you ever perform a

1:01

massage on hit many times in the

1:04

months following the yeah.

1:06

Because like Diane,

1:09

which he was making.

1:10

I'll tell you what was most compelling. was

1:12

this masseuse. It gave you another

1:14

reason, a more emotional reason

1:17

as to why he wanted to get rid

1:19

of Diane.

1:20

didn't see if there was anything necessarily untoward

1:23

about it, but it was just that it

1:25

was a very close relationship that a that

1:27

a couple would have with their masseuse,

1:30

Annie Anderson. And

1:32

it really struck a lot of people listening

1:34

to the testimony and following the story

1:36

and on social media as well as

1:39

what's going on with this masseuse? What's

1:41

the deal? Something doesn't sound

1:44

right or smell right here.

1:46

I'm Caitlyn Ross. This is intent,

1:48

the Tex McIver case, chapter

1:50

six.

1:53

That's the sound of another sale

1:55

on Shopify, the Ollin One Commerce

1:57

platform to start, run, and grow your business.

2:00

Shopify has the tools and resources that

2:02

make easy for any business to succeed. From

2:04

down the street to around the globe,

2:06

reach customers online and across social

2:08

networks with an ever growing suite of channel

2:10

integrations and apps, including Facebook,

2:12

Instagram, TikTok, Pinterest, and

2:15

more. Plus, gain insights as you grow

2:17

with detailed porting of conversion rates,

2:19

profit margins, and beyond. Shopify

2:21

gives entrepreneurs the resources once

2:23

reserved for big business. So upstart,

2:25

start ups, and establish businesses alike

2:27

can sell everywhere. Synchronize your online

2:29

and in person sales and effortlessly stay

2:32

informed. This is the possibility

2:34

powered by Shopify. Go to shopify

2:37

dot com slash odyssey podcast, all

2:39

lowercase, to start your free trial. and

2:41

get full access to Shopify's entire

2:44

suite of features. Grow your business

2:46

with Shopify today by visiting shopify

2:48

dot com slash odyssey podcast

2:50

right now. that's shopify dot com

2:52

slash odyssey podcast.

2:55

This

2:55

episode is brought to you by Samsung.

2:58

Unfold, the all new Galaxy

3:00

z fold four and expand

3:02

your world. With flex mode,

3:04

it stands on its own so your hands free

3:06

to get more done during calls. And

3:08

with multi window view, you can use up

3:10

to three apps at the same time. Plus,

3:13

the edge to edge screen allows you to fully

3:15

immerse yourself in your favor games and

3:17

shows. Visit samsung

3:19

dot com to learn more about Galaxy

3:21

z Fold four.

3:26

Alright. Take a look at all these guns inside

3:28

the Fulton County courthouse today. Piles of

3:30

guns carted in carded out. This

3:32

isn't a trial of some sort of drug kingpin

3:34

or gang member. On day thirteen of the

3:36

trial, the prosecution shifts its

3:39

focus to guns.

3:40

Texas thirty eight caliber revolver,

3:43

specifically. Zachary

3:45

Whitezel, a firearms investigator with

3:47

the Georgia Bureau of Investigation, testifies

3:50

for the prosecution about the

3:52

gun that was in Texas' hand, the night

3:54

of the shooting. jurors heard an expert

3:56

testify the gun was a double action

3:58

weapon meaning it has

3:59

to be cocked and the trigger for

4:02

it to go off. If it's not cocked,

4:04

the shooter needs to exert twelve

4:06

pounds of force to get that gun to fire.

4:09

Chief prosecutor Clint begins

4:11

the questioning.

4:12

And you've checked that guy to make

4:14

sure he is safe. Correct. Correct. The

4:16

jury watches as the firearms investigator

4:19

handles Texas gun.

4:21

Rucker then asks white soldier to demonstrate

4:23

what it would take to fire the revolver in

4:25

single action

4:26

mode. The trigger is gonna move forward

4:28

just a little

4:30

and slip off, and that's where

4:33

the hammer is gonna

4:35

fall. So

4:38

to demonstrate that,

4:41

with the paper if you can

4:43

see it. It's just a

4:45

very slight movement.

4:47

Were you were you able to see?

4:51

Rucker then asks Whitezel to demonstrate

4:54

double action

4:54

mode. So with double action, you

4:57

see that the trigger is now set further

4:59

back. Okay.

5:02

So from there, I

5:06

would have to pull the trigger.

5:09

the

5:10

all the way. So

5:13

fell to

5:15

theirs as far as I can stage it

5:17

without the hammer. falling.

5:20

But then from this, it's

5:22

almost the same distance as the

5:24

as the single action. But it would have to travel

5:26

this full distance

5:27

to fire. RUCKER

5:28

CONTINUES, ASKING

5:31

WHAT IT WOULD TAKE FOR THE GUN TO FIRE

5:33

ACCIDENTALLY. I

5:33

JUST HOLD IT IN MY HANDS

5:36

LIKE THIS. Will it just go off?

5:38

No. Sit down with it. Hold it down

5:40

here in my lap. Will it just go off?

5:42

No. If I handle it

5:44

like this in any way, Will it

5:46

just go off? What

5:48

will make this firearm go off?

5:51

Something will have to act on the trigger. And when you say

5:53

something has to act on the trigger, what do you

5:55

mean? BEEN THE TRIGGER HAS TO BE HOLD REOPARD.

5:57

Reporter: AFTER

5:57

RUCKER LEADS WHITESOLL THROUGH A DETAIL

6:00

DISCUSSION OF THE WEAPON IN ITS INTER

6:02

WORKINGS, defense attorney

6:04

Bruce Harvey questions the witness.

6:06

You don't

6:08

know whether the

6:10

weapon This particular

6:13

weapon was fired single

6:16

action or double action because

6:18

there's no way to tell is there

6:21

Right. weapon was fired. Correct?

6:23

That's correct. There's no

6:25

way to tell, especially if

6:27

if something is inside a bag at

6:29

night, whether it's already

6:31

in single action or double action.

6:33

Correct. Right. There's not a test for me.

6:35

Okay. And there's

6:36

not a test to determine whether

6:39

fired in a single action, a

6:41

double action. Correct? Right. And

6:47

The weapon was not you

6:49

said malfunctioning. We know

6:51

that. Right. So your

6:53

telling us that there was manipulation

6:56

of the trigger. Correct? Right.

6:59

Do you know what that was? No.

7:02

Alright. If it's in single action,

7:04

I think you said that if

7:06

it's in single action, if

7:08

you put it in your pocket, even

7:10

tease. it may hit

7:12

some keys in your pocket and go

7:14

off the trigger pull is so light.

7:16

Correct. Alright. And if

7:19

you have eleven we don't know

7:21

whether it's a single action or a double

7:23

action. It's extremely

7:25

easy for that weapon to

7:27

go off. even things like keys

7:29

in your pocket, can

7:36

unintentionally

7:36

discharged the weapon.

7:39

Correct? Right. So any force

7:41

that exerts that amount

7:43

of pressure and our average was two

7:45

and one quarter pound. So anything that

7:48

can exert that amount of force can

7:50

pull the trigger. And there's no

7:52

scientific test or test that you

7:54

can do to tell us whether

7:56

or not the trigger was intentionally

7:59

or unintentional report. Correct?

8:02

No.

8:03

The following day, detective Darren

8:06

Smith with the Atlanta police homicide unit

8:08

takes the stand. Prosecutors

8:10

lean in to what investigators failed

8:13

to ask following the shooting.

8:14

You asked directly, mister

8:17

McArthur, did you hold up

8:19

the trigger? I I did not.

8:21

A

8:21

bit of a bizarre moment in court. People

8:24

watching our stream on social media wondering what's

8:26

going on with the prosecutor in

8:28

the Tex McGyver murder case going

8:30

after his only detective from APD

8:33

on the witness stand. I mean, at one point,

8:35

the detective was telling the jury that

8:37

he told a witness he thought it was

8:39

an accident. AND DON'T FORGET

8:41

POLICE ORIGITELY CHARGE MIGAVA WITH

8:43

VOLUNTE MAN SLURDER. THAT

8:45

WAS THE D. A. Reporter: DAY fourteen COMES

8:47

TO A CLOSE. as the

8:49

judge, the jury, the

8:51

lawyers, and Tex McIver all

8:53

prepare for a one week

8:55

break. That night on eleven:zero, live, Vinnie

8:58

Palatán takes a chance to review

9:00

where the case stands with the station's

9:02

team of legal experts. How

9:04

has the prosecution been doing

9:06

INPROVING TEX McIVER INTENTIONALLY

9:09

SHOT AND KILLED HIS WIFE, DIAN.

9:11

DID THEY PROOVE MOTIVE? Reporter: WITH

9:12

THAT ATTACK THEY SHOW MOTIVE, AS THEY SHOW THAT THERE

9:15

WAS NO LOVE that he didn't care

9:17

about Diane. He didn't love her,

9:19

but he loved her money. And the only way

9:21

that he could get it was that he had to have

9:23

her gone. Yes. They proved motive. They

9:25

proved it by showing a story

9:27

of greed and

9:29

he's callous disregard for his for

9:31

his wife and he

9:32

shot dead. The Tex

9:34

McIver trial resumes after that

9:36

one week break on April ninth

9:39

twenty eighteen, the fifteenth

9:41

day of testimony. Among

9:43

those taking the stand on the first day

9:45

back, doctor Marty Sellars,

9:48

one of the surgeons who fought

9:50

to SAVE DIAN McIVER THE NIGHT SHE

9:52

ARRIVED AT EMARY UNIVERSITY HOSPITAL.

9:54

THE JURY HERE'S DETAILS

9:56

ABOUT DIAN'S fatal injury

9:58

and that surgeons tried for more

10:00

than two hours to keep her

10:02

alive. But it's what

10:04

happened after she died. when

10:06

doctor's sellers went to find Tex

10:08

McEiver and tell him the news

10:10

that the prosecution is eager

10:12

to highlight. Well, doctor

10:14

Sayed and I were already in the room,

10:17

and I was standing immediately next

10:19

to

10:20

the to the door, which wouldn't be right

10:22

here. Doctor Sajid was standing over

10:24

here by this chair. And

10:29

Mr. McGyver and his

10:32

companion came into the room

10:34

with his security agent or with I'm

10:36

sorry, the security guard. And the

10:42

Chapeland, I think, was with them or they she

10:44

was already in the room. I don't recall that

10:46

specifically. But

10:48

doctor Saeed, took the

10:50

lead and said, you know, please mister

10:52

McGyver have a seat and he was pointing

10:54

to this chair here. And

10:57

mister McGyver basically

10:59

before the sentence was able to fin be

11:01

finished. He said,

11:03

don't tell me what to do, boy.

11:05

which was not

11:08

in a threatening way, but in an

11:10

aggressive way, I would say. Doctor

11:12

Sellars goes on. testifying

11:14

about what happened next.

11:16

It

11:16

caught us, I guess, off

11:19

guard a little bit. But,

11:21

you know, I guess at that

11:23

time and someone's delivering

11:26

this news and not knowing what

11:28

they already know, there's

11:31

maybe a little bit of latitude, you give someone in terms

11:33

of how they act. So

11:35

we convinced them to sit down

11:37

and started

11:40

delivering the news and basically,

11:42

without recalling exact words that we would have

11:44

used, said that despite all

11:46

of our efforts, the injuries

11:48

that she sustained were just impossible to

11:51

recover from. to

11:57

rather interrupt you?

12:00

He does. And

12:04

that there were a couple notable things

12:06

that that Silva stuck

12:08

out, one of which

12:10

was he was

12:13

sitting with his, you know,

12:15

knees on his elbows and

12:19

looked up and said, I'm

12:22

really trying hard not to lose it or I'm really

12:24

trying hard not to cry. I don't remember specifically.

12:26

I think I don't

12:28

but it won't maybe a

12:30

distinction without a difference, but he looked

12:33

up and he said that.

12:35

Doctor Sellars then recalled another

12:38

comment text made. We had delivered

12:40

toward the news thinking, you

12:42

know, now we've said everything we

12:44

need to say and give him a

12:46

chance to respond or ask any questions.

12:48

And I'm sure we even said, do you have

12:50

any questions? and

12:53

then similar conversation ensued

12:55

and interrupted

12:58

this time, he looked

13:00

up and said, this is the

13:02

hardest thing you do, isn't it?

13:04

And I would have said

13:06

something to the effect, you know, right now, I'm

13:08

more concerned about you than what how

13:10

difficult our job those. And

13:12

then he went into a description

13:14

of because

13:16

I used to do this in the

13:19

army or military, I forget which service he

13:21

said, but I used to have to

13:23

call and tell little

13:25

Johnny's parents that little Johnny didn't survive. And I

13:27

remember how hard that was.

13:29

Tex McGyver, very aggressive

13:31

with Diane Surgeon.

13:32

Is this evidence of

13:34

Tex is bad temper. It

13:35

absolutely is Avenue, Texas. Bad

13:38

behavior is one more clink

13:40

in the coffin for him.

13:41

Guilty of having bad temper. Guilty

13:43

of a reaction. guilty of not reacting the way

13:45

we wish he had reacted does not make him guilty

13:47

of murder. On

13:49

April fifteenth, after sixteen

13:52

days and testimony from dozens

13:54

of witnesses, the prosecution

13:56

rests its case.

13:57

State rested. Who's

13:59

winning right

13:59

now? Prosecution or defense?

14:01

clearly the defense. The state

14:04

has just not proven this

14:06

case beyond a reasonable doubt.

14:08

Prosecutors without a doubt because they've proven that

14:10

Texas is a liar proven this

14:12

financial motive, and that there are other reasons

14:14

out there that texts might have wanted Diane

14:16

gone. The

14:16

defense is poised to begin calling

14:19

witnesses to the stand. But

14:21

first, judge Robert McBERNIE

14:23

makes a ruling on two of the seven

14:25

charges against Tex McIver.

14:27

Two witness tampering charges

14:29

in the Tex McGyver trial dismissed by

14:31

the judge today because he said prosecutors

14:33

did not present enough

14:35

evidence Judge Robert

14:37

McBERNIE says the state didn't

14:39

prove McIver tampered with witnesses

14:41

when he contacted Bill

14:43

Crane about his Black Lives Matter statement.

14:46

or when he called and left a voicemail

14:48

for Danny Joe Carter's husband

14:50

about the Carter's hiring lawyers

14:52

and how that might look bad

14:54

for

14:54

tax. It's

14:55

a small victory for the defense,

14:57

but Tex McEiver is still

14:59

left facing five other

15:01

charges. including one remaining

15:03

count of witness tampering, and of

15:05

course, malice murder.

15:08

This episode

15:09

is brought to you by Stryvecton.

15:12

blackheads,

15:12

congested pores, oily skin.

15:14

If you struggle with any of these, you need

15:16

to try the new super shrink, poor,

15:19

minimizing serum from Stryvectin. It's

15:21

clinically proven to reduce the appearance of

15:23

pores and blackheads, and it helps

15:25

reduce excess oil without leaving your

15:27

skin feeling dry or tight. making it

15:29

the perfect addition to your skin care

15:31

routine. Shop now at strivecton

15:33

dot com. That's STRIVECTIN

15:37

dot com. On

15:38

the first day of testimony from defense witnesses,

15:41

doctor David Rye, a professor

15:43

of neurology at Emory University,

15:45

is called to the stand to explain how Tex

15:48

could have fired the gun

15:50

unknowingly. They brought up a sleep

15:52

expert who studied Tex almost fifteen

15:54

years ago to talk about his

15:56

specific sleep disorder.

15:57

Okay. What was your diagnosis? REM

15:59

sleep behavior disorder. Being

16:02

awakened when the government offers that

16:04

consistent or inconsistent with the confusional

16:07

arousal. I think

16:09

it's

16:09

one explanation. It's consistent.

16:12

REM's sleep behavior disorder

16:14

or RBD has

16:16

already been brought up by a prosecution

16:18

expert who discounted the

16:20

theory that could have played into the

16:22

events that night. The defense expert

16:24

believes otherwise, saying that RBD

16:27

can cause someone to flail their

16:29

arms and legs while sleeping, movements

16:32

that can be jerky and sporadic.

16:34

The expert says that someone

16:36

with RVD, like text,

16:38

can suffer from confusions

16:40

or arousal. And when they

16:42

wake up, they can be disoriented and

16:45

unaware of what they've

16:46

done. being confused, not

16:49

oriented fully, maybe

16:51

not remembering, and maybe

16:53

performing partial behaviors. that

16:55

are not purposeful.

16:58

As the defense continues calling

17:00

witnesses, those of us in the

17:01

courtroom are still wondering if

17:04

Texas Massachusetts Amy Anderson will

17:06

be called to the stand. The

17:08

woman who was allegedly seen wearing

17:10

a pair of Diane's boots not

17:12

long after her death.

17:13

What if Texas

17:16

masseuse comes into that courtroom and

17:18

takes the stand? What sort of impact is

17:20

that gonna on this case. One of the

17:23

characters that

17:24

everyone was talking about

17:26

during the trial and was anticipating her

17:29

testimony was Annie Anderson. Annie

17:32

Anderson was a massage

17:34

therapist, a masseuse. And

17:36

and Diana McGyver

17:38

would get

17:39

massages from Annie Anderson,

17:41

and then Tex would also get massages.

17:43

But the re the relationship

17:46

went beyond that. It seems like they

17:48

really became very close with

17:50

Annie Anderson, the masseuse, Diane, and

17:53

texted, so much so that there were stories that

17:55

they would travel together.

17:57

Like, they're going on a trip and they would bring

17:59

the masseuse

17:59

with them. On day

18:01

eighteen, the defense does call Annie

18:04

Anderson to the stand. AND

18:06

ALL LIES IN THE COURT ROOM ARE

18:07

ON HER. Reporter:

18:13

ANI ANDERSON

18:13

ANNIEANDERS0N

18:19

Texas attorney, Don Samuel, begins

18:22

the questioning.

18:22

And

18:25

what is your profession? I

18:27

am

18:27

a massage therapist and

18:29

wellness coach, which involves

18:31

a list of

18:32

other things, posture,

18:36

orthopedic massage. Anderson

18:38

testifies she first got to know

18:40

the McIver's thirteen years

18:42

ago. And So

18:44

over the next thirteen years, did you

18:46

maintain a business

18:48

relationship with them? I did.

18:50

Did

18:50

you provide a percentage of total

18:53

tax and financial provider? Yes.

18:56

Other

18:58

therapies? therapies and things

19:01

like that? Yes. Over the

19:03

years,

19:04

Diane had a

19:06

wealth

19:06

that she probably treasured more

19:09

than anything on earth other

19:11

than the

19:11

beautiful family that she loved. and

19:14

that was her her health and wellness.

19:16

She was articulate about it

19:18

and she wanted everyone around her to be the

19:20

healthiest, most agile people.

19:23

So she was one

19:25

of the

19:26

greatest people that ever work with

19:28

because she had no limit on

19:30

what she would try or what she

19:32

would try to rebalance or strengthen

19:34

or empower her body

19:36

or

19:36

anyone else's body to do. And

19:39

so we went through a million

19:41

modalities over the years, and

19:43

we had been working a

19:45

lot on Pilates. Samuel

19:48

then shifts and asks

19:51

specifically about her relationship with

19:53

Tex McIver.

19:53

you relationship

19:55

with Tex Brown?

19:58

Never.

19:59

Did you ever perform any

20:03

beside him in any time the

20:05

judge following the death

20:07

of his black band

20:09

when she was made it. one

20:11

thousand percent never.

20:13

You ever touched on this dashboard?

20:18

Never.

20:21

Never. Are you aware of the prosecution in

20:24

this case as well? Yes.

20:26

After

20:26

a series of objections from the prosecution, Samuel

20:29

picks back up.

20:30

Question,

20:36

ma'am. Did you ever at

20:38

any time? I'm

20:40

home at any time. Four to

20:42

nine children that or

20:44

after that? Either before September

20:46

two thousand sixteen.

20:48

After September two thousand sixteen.

20:51

engaged in asexual conduct. However,

20:53

you wanna define protectionism.

20:58

Never.

20:59

But mister McConnell McConnell

21:02

received the massage. I

21:04

haven't read the word received at

21:06

massage. I received massage. Did

21:08

he have a full sleep on massage?

21:11

Almost every

21:12

time. When he was

21:15

asleep, did you notice anything

21:17

about any unusual behavior?

21:19

Yes. Come

21:20

yeah on, jury.

21:24

he

21:25

would have conversations in

21:28

his sleep. And then

21:30

depending on what he was saying,

21:33

he would act

21:33

things out or he might just be quiet and all

21:35

of a sudden flare an

21:38

arm or kind of a punch or

21:40

something like that. And

21:40

I would have to get out

21:42

of the way if I was close to

21:44

his body

21:45

in any way. She

21:47

testifies

21:47

that after Diane's death,

21:49

She kept a close eye on text

21:52

knowing he was in a fragile state. Did

21:53

you let him go? No.

21:55

Did you let go anywhere by

21:57

No. Did you let me

21:59

know for room by himself? Only

22:03

the bathroom. You and

22:06

your salary starts concerned

22:08

about financial crime

22:10

unfolding? In

22:11

many ways. You're concerned about

22:13

the state? Yes. And

22:16

then there was testimony when

22:18

Tex McGyver shot and

22:20

killed Diane, and and and Afterwards,

22:24

they're all back at the apartment

22:27

in Buckhead, and there's a group of

22:29

people there all there, you

22:31

know, condolences, trying to

22:33

support texts, who who seem to

22:35

be impacted by all of it. And

22:38

Annie Anderson, the masseuse, testifies

22:40

that that night she she

22:42

spent in Texas

22:44

bedroom sleeping on

22:46

the floor Just keeping an eye on text, making sure

22:48

he was okay. A lot of people

22:50

like, what? That's that's

22:52

kinda strange. That's

22:54

kinda strange. But there was no indication that there was any sort

22:56

of relationship between

22:59

Tex McGyver and Annie Anderson. She

23:01

was happily married. So it

23:03

didn't see, but it was just strange

23:06

to hear. I

23:06

was going to take care of

23:08

him overnight.

23:10

Just monitor him and make sure that

23:12

he got up go to the bathroom that

23:15

he

23:15

did not fall or

23:17

that he in no way was harmful

23:19

to himself just because we

23:21

honestly weren't sure what state of mind he

23:24

had. Seven four

23:25

hello? Yes. With

23:27

my backup against a

23:29

mirrored wall. occasionally,

23:33

I try to lay down for a second on the

23:35

pillows,

23:35

but it was a small palette.

23:38

On his side of the

23:40

bed, which was obviously the

23:42

opposite side of the bed. Did

23:44

you get into the

23:47

bed? Number. Did

23:48

you did

23:52

you keep you dry? Sorry.

23:55

Keep you dry. Do you have sexual

23:58

relation to the sexual

23:59

impact? One thousand percent never.

24:03

Can you have a sexual impact? No.

24:06

Can

24:08

I

24:09

clarify something?

24:11

You can just answer the

24:13

questions. Okay. She

24:17

just said one thousand percent

24:19

no.

24:21

No. The last question that you asked that if

24:24

I ever touched him when

24:26

he

24:27

was sleeping, like, yes.

24:28

So

24:29

I'm just trying to clarify.

24:31

Alright. Can I say?

24:32

So

24:33

I created on his side

24:35

of the bed when he went to sleep kind

24:37

of a zero gravity

24:40

portion of him laying. He was very swollen

24:42

in his sinuses. His eyes were

24:44

puffy. They were very red

24:46

and obviously from

24:48

crying. And so I had a cold

24:51

it's made of flat seats. It's like a little

24:53

pillow that goes over your eyes has a heavy

24:55

weight to it for the compression.

24:57

and then he had a hot

25:01

did you warm

25:01

up in the night my my microwave kind of

25:03

like a neck pillow? that

25:05

weighs about eight pounds on his chest.

25:08

because with the anxiety, he was

25:10

having some trouble catching his

25:12

breath sometimes and it was just helping to

25:14

keep his chest relaxed. and

25:16

his feet and his legs had

25:18

pillows underneath them to create like a

25:20

zero gravity for his lymphatic drainage.

25:23

it allowed the blood to be kind of

25:25

circulating more naturally in his body and

25:27

that zero gravity. And

25:30

so

25:30

you know, and he had a lot

25:32

of nightmares. And so if he had a nightmare, I

25:34

would do the polarity rocking that I talked about

25:36

for a second or two.

25:38

and just kind of jostle him

25:39

to try to keep him asleep. You got

25:42

to take his clothes off?

25:44

No. Dude,

25:45

hey, you're off. No. In his

25:47

cross examination, Clint Rooker with

25:49

the prosecution asks Anderson about going

25:52

with texts to the ranch that

25:54

week after Diane's death. And when

25:55

you got down to the ranch on

25:58

Friday, did

25:58

you

25:59

stay down there Friday night?

26:03

Yes. Okay. And can you tell the

26:05

jurors, did

26:07

you stay in the guest house in the saloon

26:09

that night? No. And

26:12

so what part of the of the ranch did you

26:15

were you occupied in? I

26:17

was

26:17

sitting on the couch

26:19

that is in the master bedroom watching

26:22

over him.

26:23

Rooker also asks about the

26:26

rubber boots that a prosecution witness

26:28

testified he'd seen Anderson wearing

26:30

at one point. Anderson

26:32

says she never wore the boots,

26:34

testifying that Diane's foot size

26:36

was seven and a half, and

26:38

hers

26:38

is much larger. Are you

26:40

one thousand percent sure that

26:42

she wears a seven and a half?

26:44

Well, A

26:45

shoe size can vary by a half to a

26:47

full size depending on the narrowness of

26:50

it. And Diane had

26:52

very narrow feet and

26:54

I do not. So I don't know how her shoe size

26:57

varied. But I would imagine it's

26:59

anywhere from a

27:01

seven and a half to a half

27:03

a size up or down depending on the

27:06

size of the shoe.

27:07

Are you just guessing about that? Because

27:09

my question to you was, are you one

27:11

thousand percent sure that

27:13

she wears a seven and a half?

27:17

No. Okay. Rooker

27:19

then asks Anderson if she talked to

27:22

texts about leaving the ranch at some

27:24

point and to Atlanta.

27:26

While

27:26

you were there that Sunday

27:28

or even Monday, did

27:31

you have a conversation with the

27:33

defendant about the fact that you needed to go back to

27:35

Atlanta because it didn't

27:37

look good for you to be there with

27:39

him? No. No. You never had

27:41

that conversation with you? You

27:43

asked me if I conversation with him, I did not and

27:45

he did not have it with me to

27:48

answer both

27:48

ways. Okay.

27:54

Let me ask you

27:54

this. Did you go back to Atlanta? Yes.

27:57

When? I believe

28:00

it was at

28:02

some point on Sunday. Did you

28:04

go back

28:04

with the defendant or did you go alone? With

28:07

the

28:07

defendant.

28:09

On day

28:13

nineteen of testimony, tension

28:15

once again

28:15

builds in the courtroom

28:17

as the prosecution cross examines

28:20

the final defense witness, a

28:22

crime

28:22

scene expert. Can you offer jury

28:24

any information about where

28:27

this gun

28:29

was in relationship to mister

28:31

McGyver at the time

28:32

of the discharge. If he is seated

28:34

-- Mhmm. -- as Everyone has

28:36

demonstrated mister Knox, mister Dustin, and so

28:38

forth. And vice versa for you guys.

28:41

Subsea's got ready to answer the

28:43

question. as he sees the rope where you cut them off if you don't

28:45

like the answer. Okay. No need to

28:47

get involved with her. Whoops. They're hard to say to

28:50

see. Sorry. Yeah. The punch would you say to go

28:52

to be you chose to

28:54

demonstrative whether God could be the longer

28:56

time? I haven't measured my thigh recently. I haven't measured my thigh

28:58

recently. I haven't measured my thigh. Prosecured

29:00

Clint Rucker was animated yelling,

29:03

arguing with the defense expert.

29:05

You said it's the reason why you can come in

29:07

here and tell this jury that he

29:09

couldn't have done exact what

29:11

mister Nox said he did.

29:12

This is

29:13

one of just a little factor. Who wins

29:15

that battle? By

29:16

doing that, it shows that the

29:19

defense is getting to a means he's loosing the

29:21

case. Clint Rucker fell into

29:22

the category of if you're not gonna convince me,

29:24

maybe if I just talk a little louder and

29:26

louder and louder. argument never

29:28

went. So he can't really he's

29:31

really gonna force

29:32

the issue. The defense crime

29:34

scene experts said the process execution

29:36

theory is impossible. Try to put that

29:38

gun down here and keep

29:41

that orientation. Once again,

29:43

you're gonna have to

29:45

would be in a very convoluted

29:47

position. Will the jury buy it?

29:49

He hedged on whole other issues, so that

29:51

means that the prosecution wins not the defense.

29:54

Then after

29:55

less than a

29:56

week, the defense rests. And

29:59

for the first

29:59

time in the trial, we heard

30:02

Tex McIvers

30:02

speak aloud in the courtroom. Do

30:04

you also have an absolute right,

30:07

not to testify? Do you understand

30:09

that? And do do you choose to

30:11

testify in your truck? Following a

30:14

weekend break, the trial

30:17

resumes. The prosecution brings

30:19

forward auto witness to address the defense

30:21

claim that Tex has a sleep disorder.

30:24

And its argument as to how that

30:26

might have played in to Tex firing

30:28

the gun that night of Diane's

30:30

death. Doctor Mark Pressman is a

30:32

trained sleep researcher with

30:34

forty years of experience in the field of

30:36

sleep disorders. There

30:37

are two major categories Arizona's?

30:39

Well, those that occurred

30:42

during rapid eye movement sleep

30:44

were REM sleep, And

30:47

those that occur in

30:49

sleep, that is not REM sleep. It's usually

30:51

just called non REM sleep.

30:53

although usually in the deeper

30:56

stages of

30:57

non REM sleep, there are actually three

30:59

stages of REM sleep, very light.

31:02

So our intermediate and

31:04

D.

31:04

Doctor Preston testifies that he's

31:07

reviewed years of tests and test

31:09

results indicating that Tex

31:11

McIver might have a sleep disorder.

31:13

But then he's asked if anything in particular struck

31:15

him about Texas interview with police

31:17

following Diane's death. The first one

31:19

was a description he

31:22

gave

31:22

to the police as to

31:24

his how

31:25

he was feeling

31:28

as they kept on driving you

31:30

can give me the exact

31:32

words that he was driving, that he was

31:34

saying more and more, you know, people

31:37

on the streets And at the I believe at the

31:39

end, he said it made the hair on the

31:41

back of his neck stand up.

31:45

And would you consider that to

31:47

be a type of stress or

31:50

anxiety? Well, I'd go even

31:52

further than that. I think hair

31:54

on standing up on the back of your

31:56

neck is is something that is

31:58

typically associated with

32:00

fear, fearfulness. and our

32:02

stress, anxiety, or she latches,

32:04

as kind of. Fear, are

32:06

they compatible with sleeping or

32:09

sleeping? No. People who are

32:11

very fearful will

32:14

have a very hard time falling asleep is

32:16

absolutely incompatible. When

32:18

we treat patients with

32:21

insomnia, it's one of

32:23

the things that we made great efforts is

32:26

to you know, keep that hour or so before

32:28

bedtime, you know, free completely

32:30

free of stressing that anxiety.

32:32

Prisman is essentially

32:33

saying if tech felt

32:35

fear as they drove through the streets of Atlanta,

32:38

then it wouldn't make sense for him to

32:40

be able to fall into any kind of

32:42

sleep

32:42

state such a short time

32:44

later only to be jarred awake. Well, I

32:46

I believe we only have a few

32:49

minutes.

32:51

I

32:52

think we said seven to ten minutes maybe

32:55

or probably less for

32:57

it to occur. So if he had

33:00

dosed off, the almost

33:04

almost immediately.

33:06

Then three or four

33:08

minutes is not know, even ten minutes is

33:10

not sufficient time to get to ram,

33:13

much less to deep sleep. He

33:14

then testifies that the

33:17

timing meant it would have

33:19

been unlikely that a sleep disorder or something like

33:21

confusional arousal could have played

33:23

into what happened that night. What

33:24

you reviewed? what

33:27

it is, a self described, consistent

33:32

with somebody who's experiencing,

33:34

a confusion around. No.

33:37

Wow.

33:40

Well, again, the timing is

33:42

off.

33:43

ah

33:45

confusionals occur

33:49

during deep sleep or

33:51

on the transition to deep

33:53

sleep at the the least. They certainly don't occur

33:56

in light sleep. You

33:58

cannot have a

33:59

disorder of arousal. You can't have a

34:02

partial arousal if you're only just

34:05

a little bit past being awake.

34:07

You need to

34:08

be substantially asleep.

34:11

to have a partial

34:13

arousal. You know, can someone

34:16

wade out or wade quickly from an

34:18

unusual arousal and you need to be aware

34:20

of this now? No. It's it's a standard

34:23

for all

34:25

the disorders of

34:26

arousal, sleepwalking, fusion arousal.

34:30

and people do not wake up suddenly. they're stuck

34:32

in this, never never land between

34:34

sleep

34:34

and wake. Typically, when

34:36

they come out of the state,

34:39

they are confused, and they

34:43

slowly regain their

34:45

orientation and

34:48

their alertness. usually over several minutes. So was

34:50

it inconsistent with having a

34:52

fusion route to be

34:54

immediately aware that your

34:56

candidate had

34:58

gone? they got discharged. And again, that you're

35:00

able to give directions to

35:02

a hospital. No. That that should

35:04

not be able to occur for

35:07

several minutes after a confusion

35:09

on arousal. He goes

35:10

on answering the prosecution's questions.

35:13

Clearly stating he believes Text

35:15

McIver was awake when the gun went off. your

35:17

before that sentence, I think

35:19

you I

35:22

think you conclusion or what

35:24

you believe based on all your training

35:26

and experience as

35:28

to come

35:30

the defendant's behavior on September twenty fifteen?

35:32

Yes. Okay. And based

35:34

on everything that you reviewed, of

35:38

greatest pain or consistent with some

35:40

of that he's suffering from

35:42

a random

35:43

behavior disorder in that

35:46

state? No. And was it

35:48

consistent with somebody who was

35:50

experiencing confusion

35:54

around? No. based on everything you do for you.

35:56

Based on the four years of

35:58

experience, your

36:01

research, your publication, Is

36:04

the defendant's

36:05

behavior consistent with somebody who

36:08

was awake when the gun was

36:10

fired on September twenty fifth of two thousand

36:12

sixteen? Yes.

36:14

Before

36:14

Preston leaves the stand, judge McBERNie asks

36:17

one final question. As

36:19

clarification for the jury, why

36:22

pressmen

36:22

believes text wasn't asleep

36:24

or startled awake. Explain

36:26

to the jurors, please, why

36:30

you concluded based on what you know that it was impossible

36:32

for mister McAigler to have fallen

36:34

back asleep after he

36:37

gas for the firearm. k.

36:40

Well,

36:41

we're talking about While still in the car while still in the

36:43

car. Right. Well, it's just

36:47

what we know about the relationship

36:50

of stress, anxiety,

36:54

and fear I mean, he

36:56

asked for

36:57

the gun because he

36:59

felt danger. k?

37:02

I assume that,

37:04

you

37:04

know, a gun is a defensive

37:06

weapon against attack. We thought all

37:08

these people, I guess, on the street, might,

37:12

you know, at the

37:14

car or whatever. And

37:16

he became so fearful that he

37:18

actually had had a biological signs

37:20

of it as he describes it

37:22

that the hairs on the back of his neck.

37:25

That's very fearful.

37:26

And

37:28

in that kind of condition,

37:31

people don't sleep You can't be you

37:33

can't be extremely fearful

37:36

and be relaxed enough to fall asleep

37:40

within moments. Following that

37:42

testimony, jurors

37:44

take

37:44

a field trip after asking for

37:46

a close-up look at the McIvers SUV.

37:49

one at a time and we're just gonna

37:51

go numerically. You will be permitted to

37:53

approach the vehicle if you wanna get in

37:55

it. You can get in.

37:57

Cameros aren't allowed, but I was able to

37:59

join the tour with eleven live

38:01

photographer,

38:01

Jefferson Cochrane. The jurors

38:04

went up one at a time. Each jur took about a

38:06

minute and a half. Some jurors took as

38:08

long as two minutes. Some got in

38:10

all four doors. Some only got

38:12

in two

38:14

doors. they were allowed to sit in each of the four seats. Yes. Any

38:16

notable reaction from any of the jury? No.

38:18

It just seemed like they were just looking at another car.

38:21

The final day

38:23

of testimony comes to a close

38:25

with closing arguments scheduled to begin

38:27

in the morning.

38:28

some of the themes that we can expect to hear

38:31

tomorrow morning. You know, first, guns don't

38:33

just go off. Sleep disorders don't

38:35

make guns fire. Bumps in the

38:37

road don't do it. someone has to

38:39

pull that trigger. Another big theme for prosecutors will

38:41

be motive. Why did he do

38:43

it? Money after Diane was dead,

38:45

Tex McGaver was dollars

38:48

richer. Now for the defense expect

38:50

to hear that Tex McGyver loved his

38:52

wife, Diane, and had no reason to kill

38:54

her, he had money she

38:57

had money and together they were living a

38:59

very luxurious life. Next time

39:02

on intent. for

39:05

the name of God.

39:08

He knew betrayal, hurt,

39:12

and peace. In

39:14

tent, the

39:18

Tex McIver

39:18

case is a co production of Vault

39:21

Studios,

39:21

an eleven alive WXIA

39:23

news in Atlanta. Will Johnson

39:25

and Brian

39:26

Weiss are executive producers with Vault Studios.

39:28

Read Redman produces researches and edits the podcast. Richard

39:31

Humphreys at Tacoma media in

39:33

Silver Spring, Maryland mixes and

39:35

edits the show. You can

39:37

find me on Facebook at Caitlyn Ross eleven

39:40

alive or on Twitter at Caitlyn

39:42

Ross

39:44

one.