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There are at least two pieces of evidence Waters said are still in “draft form,” and therefore have not been yet provided to the defense. One is cellphone data from a nearby tower being conducted by the FBI. Waters said he has called the federal agency repeatedly and the information should be “ready soon.” Waters said the second item is a timeline being worked on by an agent that “once that is ready, I am happy to share that with the defense,” Waters said.
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As much as the defense may want to make this case about Smith, currently indicted for 19 felonies, Waters told Newman, “This case is not about Curtis Eddie Smith. Curtis Eddie Smith is not the center of this particular case.”
Countering Waters, Harpootlian said he isn’t saying Smith committed the murders, but added it “certainly sounds like” Smith could have done it and, as Murdaugh’s attorney, it’s his “duty to pursue.” “Mr. Waters knows that Mr. Smith visits the murder scene on numerous occasions to commit illegal acts by leaving drugs there, so we know he knew how to get there surreptitiously,” Harpootlian said. “We know his DNA, as of today, has not been tested under Maggie’s fingernails.”
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Sure....Harpo isn't saying Smith committed the murders - that's what these motions and hearing was all about. Despite the gag order, this has to get out somehow to the press!