ATLANTA - The lead detective in the Tex McIver murder trial never asked the Atlanta attorney if he pulled the trigger or how the shooting happened.
Atlanta homicide detective Darrin Smith said he did not go into the hospital to interview Tex McIver the night he got the case. Smith said he interviewed witness Dani Jo Carter at 2:30 in the morning just an hour after Diane died.
Smith said Tex told him, "he felt horrible" about the shooting during a short phone call on the Monday following the shooting.
Smith said McIver had his attorney to cancel an interview that Tuesday. By that Wednesday, the Atlanta Attorney showed up for his interview with two attorneys and the McIver masseuse Annie Anderson.
Detective Smith said Attorney Steve Maples gave a 14-minute explanation of what Tex did and did not remember, as well as a demonstration of how the shooting happened. During Tex McIver's videotaped 26-minute interview, very few details were discussed.
Prosecutors Clint Rucker really drilled Smith on why he never asked the defendant if he pulled the trigger of the .38 revolver or how the shooting happened.
"Did you ask him if his hands were inside or outside of the bag?" Rucker questioned.
"No," Detective Smith responded.
Another conflicting issue centered around wine consumption.
"He indicated red wine gives him a headache and she only had sips that night," Detective Smith told the jury.
Several witnesses have testified that both McIvers drank wine on a regular basis, including the day of the shooting. A Georgia Bureau of Investigation toxicologist testified Thursday that Diane's blood alcohol level was more than twice the legal limit.
Jurors broke early from testimony Friday due to religious observances. The judge announced a week hiatus due to spring break. Testimony will resume April 9.