Judge to decide whether Tex McIver can attend mom's memorial ser - CBS46 News

Judge to decide whether Tex McIver can attend mom's memorial service

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(Source: WGCL) (Source: WGCL)

Tex McIver will be back in court Tuesday as a judge decides whether or not he can travel to Texas to attend his mother's memorial service.

CBS46 spoke with a legal expert who discussed the chances the judge would allow the accused killer to attend.

"You can imagine how hopeless you feel," says William Hill, McIver's attorney. "You're a 74-year-old man. You're locked away in jail."

McIver's 94-year-old mother died before Judge McBurney had a chance to rule on an earlier motion asking to go visit her in Texas. 

Jackie Patterson is a former judge-turned-criminal defense attorney. He says it's not likely a judge will allow a murder suspect to travel to another state for a funeral -- even for the suspect's own mother.

"The judge has to balance him being there with his mother for her funeral, and balance for paying for two or three deputies. They have to get permission from the jail in that city to house him, and the sheriff does not have to accept him," says Patterson.

Patterson says although McIver is innocent until proven guilty, he still does not have a right to get out of jail for the funeral.

"I think there is a high possibility that it will be completely denied because of the financial cost and the fact that they have to try to find a sheriff or a police chief that will allow him to be in that jail," says Patterson.

Judge McBurney is scheduled to hear the motion at 9:30 a.m. Tuesday morning.

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