ATLANTA — Lawyers for a prominent Atlanta attorney charged with murdering his wife want the entire Fulton County District Attorney’s Office removed from the case.
The defense attorneys for Tex McIver are claiming the Fulton County District Attorney’s Office looked through and took some items during an illegal search.
McIver -- who maintains that his gun accidentally went off in a car near Piedmont Park, killing his wife -- is charged in the murder of his wife, Diane.
In April, the DA’s office got warrants to search McIver’s condo and law office.
In court documents obtained by Channel 2 Action News, the defense says an assistant DA looked through and took some billing records of one of the lawyers. They argue there was no language in the warrants to do that or take certain other items.
They want a judge to remove the entire Fulton DA’s office from the case.
The search was part of the criminal investigation of McIver. He was indicted April 27 on seven counts in his wife’s death, including malice murder.
The Fulton County District Attorney’s Office sent Channel 2 Action News the following statement: “Each of the issues raised by Tex Mciver and his legal counsel will be addressed at appropriate times and venues in the Fulton County Superior Court and the Fulton County Probate Court. Accordingly, we, the Fulton County District Attorney’s Office will make our responses to the allegations in Court.”
Cox Media Group
