Summary of "Deadly Fortune | Episode 7: Extended Family"

Hosted by Sony Music Entertainment as part of The Binge Crimes series, Episode 7 titled "Extended Family" delves deep into the intricate and contentious aftermath of the tragic demise of Atlanta power couple Tex and Diane McIver. This episode uncovers the legal battles, questionable plea deals, and familial conflicts surrounding the distribution of Diane's substantial estate.

1. Introduction to the Case

The episode begins by revisiting the tumultuous relationship between Tex McIver, a prominent cowboy lawyer and political kingmaker, and Diane McIver, a charismatic executive. Their seemingly perfect marriage ends abruptly when Tex is accused of murdering Diane, leading to his imprisonment and raising suspicions about his motives and the true circumstances of her death.

2. The Trial and Initial Guilty Verdict

Frank Schenck, a criminal law professor at Western Carolina University, provides firsthand insight into the trial. He recalls:

"The whole story, both sides, didn't make sense. The prosecution theory and the defense theory... Diane made sure that Tex gave her a promissory note for his part. That's not your typical marriage arrangement." [02:16]

Despite Tex's influential status, the jury finds him guilty of murder and felony murder, a verdict that shocks the Atlanta community given Tex's standing.

3. The Supreme Court Appeal and Conviction Reversal

The episode details how the Supreme Court overturned Tex's original murder conviction. Frank Schenck critiques the decision:

"I think the Supreme Court was second guessing the jury here... it was a mistake that didn't need to be made." [05:09]

He explains that the reversal was not due to insufficient evidence but because of an error in the jury instructions regarding lesser included charges.

4. The Slayer Statute and Inheritance Issues

The discussion shifts to the implications of Texas's potential inheritance of Diane's fortune under Georgia's Slayer Statute, which prevents perpetrators from benefiting from their crimes. Frank elaborates:

"Any of those would stop him from inheriting. So we have a group of heirs out there... if Tex is feloniously guilty, how do you prove that?" [21:44]

This statute becomes a pivotal element in determining the rightful beneficiaries of Diane's estate.

5. Controversial Plea Deal and Estate Distribution

The episode exposes the controversial plea deal that Tex enters, aiming to resolve the criminal charges without a retrial. However, this agreement leads to questionable distributions of Diane's estate:

• $420,191.13 directed to Tex for personal items like condominium and wedding rings.
• $323,000 already spent by Tex before charges, totaling over $743,000 while he remains incarcerated.

J. Tom Morgan criticizes the plea arrangement:

"The whole plea bargain agreement and what they were trying to do there without some of the interested parties... doesn't pass the smell test." [27:01]

6. Legal Perspectives and Criticisms

Frank Schenck voices strong opposition to the handling of the case:

"The Schwals were friends with both Diane and Tex, but... the judge gave his approval. Now, there's... the appearance of a conflict can be just as powerful as a real conflict." [09:55]

He questions the ethical boundaries of the involvement of Judge Robert McBurney and other legal officials, suggesting potential conflicts of interest.

7. The Role of Extended Family and Lawsuits

Mary Margaret Oliver, the state-appointed executor for Diane's estate, initiates a lawsuit challenging the distribution of funds. This action brings Diane's extended family into the fray, with her cousins asserting their rights under the Slayer Statute. Frank Schenck highlights the complexity:

"Under our Georgia slayer statute... if Tess McIver is feloniously guilty, how do you prove that?" [21:44]

The extended family's involvement complicates the inheritance, leading to ongoing legal disputes.

8. Current Status and Ongoing Legal Proceedings

As of the episode's release, the legal battles continue with Mary Margaret Oliver's lawsuit involving Diane's first cousins. Frank Schenck has temporarily withdrawn his suit pending the judge's decision, emphasizing the unresolved nature of the case:

"They are entitled under Georgia law to be an heir of the estate. If Tex McIver is feloniously guilty... he is not entitled to any of the money." [25:32]

9. Conclusion and Reflections

The episode concludes by highlighting the paradoxical situation where Tex McIver, the man accused of killing his wife, stands to inherit both her substantial estate and a $1.4 million insurance settlement. The involvement of high-ranking legal officials and the extended family's fight for rightful inheritance paints a picture of a deeply flawed and emotionally charged legal saga.

"If the phrase 'you can't make this stuff up' doesn't apply here, I don't know when it ever would." [25:32]

Deadly Fortune: Extended Family serves as a compelling exploration of how wealth, power, and legal loopholes intertwine, leaving Diane McIver's legacy mired in controversy and legal uncertainty.

Notable Quotes:

• Frank Schenck on Trial Theories:

  "The whole story, both sides, didn't make sense. The prosecution theory and the defense theory." [02:16]

• Frank Schenck on the Supreme Court Reversal:

  "I think the Supreme Court was second guessing the jury here... it was a mistake that didn't need to be made." [05:09]

• J. Tom Morgan on Inheritance Rights:

  "The godsons aren't entitled to it at all. They don't have a say." [25:32]

• Frank Schenck on the Plea Deal and Ethics:

  "The appearance of a conflict can be just as powerful as a real conflict." [09:55]

• Payne Lindsey on the Inheritance Paradox:

  "The man who killed his wife is now in line to not only inherit her 3 million dollar estate, but also the $1.4 million insurance settlement." [29:19]

For those intrigued by the complexities of true crime intertwined with legal drama and familial disputes, Episode 7 of Deadly Fortune offers an in-depth and thought-provoking narrative that highlights the far-reaching consequences of tragic actions.