A judge on Friday denied bond for a well-connected Atlanta lawyer who’s pending a second trial in the killing of his wife after Georgia’s highest court overturned his murder conviction earlier this year.
felony murder in the September 2016 death of 64-year-old Diane McIver and was sentenced to serve life in prison. The Georgia Supreme Court in June the murder conviction, saying the jury should have had the option to give him a misdemeanor involuntary manslaughter charge., 79, was convicted in 2018 on charges including
When reversing his other convictions, the high court affirmed his conviction for influencing a witness. But McIver finished serving his sentence for that conviction last month. Prosecutors said in a court filing in July that they plan to retry McIver on charges of felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony.
“He’s now serving time for nothing he’s been convicted of,” defense attorney Don Samuel told Fulton County Superior Court Judge Robert McBurney during a hearing Friday, according to The Atlanta Journal-Constitution.
Samuel asked for a $220,000 bond and asked that McIver be allowed to live with his sister near Dallas, Texas, the newspaper reported.
Prosecutor Adam Abbate urged the judge to deny bond.
“He’s 80 years old,” Abbate said. “After being convicted of murder he’s less likely to return to court because he has less to lose.”
After hearing from four witnesses called by the state who all asked the judge not to let McIver go free, McBurney denied the request for bond.
“I have before me