Jury selection begins for retrial of former Georgia attorney accused of killing his wife

A jury originally found a former attorney guilty of killing his wife.

But now Tex McIver is getting a second trial in Fulton County.

The State Supreme Court overturned the conviction saying the jury was given the wrong instructions.

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When many of the potential jurors found out this trial would probably go on for at least two weeks, they told the judge they couldn’t serve.

For the retrial, the debate isn’t about whether or not McIver killed his wife, it’s about the intent or lack of intent behind it.

As the state and McIver’s defense team sifted through the first 50 potential jurors on Monday, Judge Robert McBurney, the same judge who presided over McIver’s first trial, was deciding if the new jury would hear evidence that suggests McIver killed his wife for money.

Defense attorneys are fighting against that.

State prosecutors believe it’s part of deciding if he intended to kill his wife or not.

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During the first trial, all 12 jurors didn’t believe McIver killed his wife on purpose but they convicted him of felony murder because they had no other options.

The Georgia Supreme Court believes they should have been able to convict on a lesser charge and they overturned the original conviction.

On Tuesday, a new set of 50 potential jurors will begin the screening process.

With the holidays rapidly approaching, it may be difficult to choose a jury quickly.

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