Testimony heated up in the Tex McIver murder trial on Thursday, when the defense called masseuse Annie Anderson to the stand. McIver is accused of murdering his wife Diane McIver, and the prosecution had been working the theory that Anderson and McIver may have been having an affair.
Defense attorney Don Samuel asked Anderson about her professional relationship with the McIvers before getting right down to what everyone was thinking about.
“Did you ever touch him sexually?” Samuel asked point blank.
“Never,” Anderson replied.
“Did he ever touch you sexually?”
Samuel then tried to ask about whether people in the community talked about rumors of an affair between McIver and Anderson, but both the prosecution and the judge cut off that line of questioning, saying it was irrelevant.
Making sure the point was clear, Samuel asked again, only louder, “Did you ever, at any time … before Diane McIver’s death, or after her death, engage in any sexual conduct, however you want to define it, with Tex McIver?”
Samuel went on to address another key issue for the defense: McIver’s behavior while sleeping. When asked if McIver ever fell asleep during a massage, Anderson said, “Almost every time.”
When asked if McIver ever exhibited unusual behavior, Anderson said that sometimes his arm would flail or punch out, and she would have to get out of the way. Earlier in the trial, it came out that McIver had a habit of lashing out with his arms while sleeping. This is relevant to the defense’ claim that Diane’s death was an accident. Right before she was shot, McIver had asked for gun while riding in the back seat of a car, supposedly for protection, while Diane was in the front passenger seat. The defense claims that Tex had fallen asleep, and then accidentally pulled the trigger when he awoke with a start.
[Image via Law&Crime Network screengrab]