Judge: Sheriff to decide where Tex McIver is housed

- The judge hearing all matters in the Tex McIver case remarked that nothing is standard in this death investigation case. Monday evening was no different.

Attorneys spent almost three hours arguing about where the Buckhead attorney, held for murder in the shooting of his wife Diane, should be confined.

RELATED: DA asks to move Tex McIver back to Fulton County Jail

Eight days ago, McIver was moved to a suburban annex of the Fulton County Jail. It is located in Alpharetta. District Attorney Paul Howard knew nothing about the move in advance and filed a motion for an emergency hearing to have McIver returned to the downtown Atlanta jail on Rice Street.

Howard speculated the move was to provide McIver with preferential treatment. Sheriff Ted Jackson objected. A county attorney said Howard was wrong. The other complaint from the district attorney had to do with whether the defendant now has more flexibility to make phone calls and receive visitors that are not monitored. For the weeks that McIver was at the downtown jail, the district attorney collected and listened to his phone calls.

The prosecutor played some of the calls recorded at the Alpharetta jail in court. The district attorney complained some calls at the suburban jail are recorded, some are not.

Judge Robert Mcburney took all the arguments under advisement. Still, he indicated from the bench how he is thinking. He said the power to house defendants rests with Sheriff Jackson, not District Attorney Howard.

RELATED: Tex McIver moved to Alpharetta Annex

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