SC - Paul Murdaugh,22 & Mom Margaret,52, 7 June 2021 *Media, Maps, Timeline-NO DISCUSSION*

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LIVESTREAM: Murdaugh Murder Trial - Feb. 14 -- DAY 17, AM testimony

First Witness: Ellen Reimer returns to the stand​

Court is resuming with cross-examination of Dr. Ellen Riemer, forensic pathologist who conducted autopsies for Maggie and Paul Murdaugh.

Defense attorney Dick Harpootlian asking Riemer about a possible bruise on Maggie's left calf. She says she was not asked about the mark, and if it could've been a bruise, or mud from someone stepping on the back of her calf. No opinion, no analysis, didn't examine.

Riemer says based on her autopsy, it's reasonable Maggie Murdaugh was moving during the shooting. Shooter could've been moving, too.

Riemer reiterates that based on what's known about the stippling (powder burns and abrasions), the gun barrel was no more than about 3 feet away from Maggie on on the first two shots.

Riemer says she had no occasion to examine anything from the scene such as the pattern of the ejected shells, a direct response to Dick Harpootlian's question.

Riemer reiterates Paul's arms were likely down for first shot. Riemer says based on bloody footprints, it's possible Paul had already started bleeding and was stepping in his own blood after the first shot.

Harpootlian having Riemer use his co-counsel Phil Barber as a living test dummy to demonstrate Paul Murdaugh's wounds.

Harpootlian says the feed room where Paul Murdaugh was shot was narrow, buckshot went through back window, no stippling. Riemer agrees that's consistent with the shot coming from the front of room, several feet away.

Riemer explaining again how she came to her conclusion the second fatal shot to Paul Murdaugh came from his left with Paul's face and head pointed in the same general leftward direction.

Harpootlian is trying to demonstrate the second shot to Paul could've been coming from an upward angle. Riemer says she's confident the shot was at a flatter angle than Dick is trying to suggest. The issue Dick is trying to make is how could the shotgun pellets gone out the top and back of Paul's head unless the shot was going at an upward angle.

Harpootlian has entered into evidence an excerpt from a book about gunshot wounds.

Dick is asking whether or not the concussion of the gas pressure expulsion from a shotgun blast is also a contributing factor to catastrophic wounds similar to Paul's (skull shattering, brain blown out). Reimer agrees, but she points out the scientist who conducted the test in reference to Dick's question was specifically looking at "contact" gunshot wounds, which would likely mean self-inflicted, suicide.

The point Dick is trying to make is the amount and type of destruction to Paul's head could've been caused by similar mechanisms if the shot was at extreme close range. Riemer says she can't say yes or no to the gas percussion and pressure in the skull being a contributing factor, but says shotgun blasts carry such immense energy that it's common to see severe destruction of bone and tissues at close range, even if it's not a "contact" wound.

Harpootlian trying to make the case that Paul could've been shot a third time, a second shot from the left entering the top of should and neck, and a third shot to the top of the head in direct contact shooting back the opposite direction. Riemer doesn't agree. Says if there had been a third shot directly to the back of the head, Paul's brain would've been destroyed, not basically intact the way it was found outside the body.

Riemer reviewing crime scene photo of Paul showing a semi-circular hole in his skull, which Dick is again suggesting could've been an entrance wound. She says it doesn't show any soot or stippling. If there had been she would've documented, it, and because there wasn't, she didn't.

Dick is trying to make the case Riemer didn't examine the wound to the back of Paul's head to rule out it being a third shot in direct contact with the back of the head. Riemer says not only would there have been soot and stippling and the brain destroyed, there also would have been significant skull fractures and other damage as well.

Coming full circle now, Riemer says the gas expulsion from the gunshot would've contributed to the damage Paul suffered, but there's not evidence there was a third shot to the back of his head.

Harpootlian tried very hard to make the point that Riemer's determinations were questionable, but she seemed to have an answer for each hypothetical he presented her. He finally gets her to agree a reasonable person might disagree with her findings. She says yes.

Waters in redirect for the State. Riemer says there's a difference between gunpowder stippling and soot deposition associated with gunshot wounds. Stippling is actual unburnt powder causing abrasions to the skin and sticking to the skin. Soot is burn marks from burning gunpowder, and would only be found within a few inches from the end of the gun barrel. No soot was found on Paul's wounds, only stippling.

Waters has Riemer say nobody told her what to conclude with her findings, her conclusions came from her 5,500 plus autopsies and 20+ years of experience, her educational background, etc. Her findings can't be considered 100% impregnable but are accurate to a reasonable degree of medical certainty.

Riemer reiterates her conclusions for the jury. No evidence Paul was shot a third time from the top of the head or that his wounds were consistent with suicide.

Harpootlian in brief redirect. Asks if Riemer ever reviews crime scene photos in the general course of her autopsies. She is adamant she doesn't. Sometimes she'll ask investigators about circumstances of the death to make sense of things, but her job is to examine the bodies and make her conclusions based on what the bodies tell her. She doesn't need to look at outside photos.

Harpootlian asks Riemer again about the potential muddy footprint on the back of Maggie's leg. She's clear again she didn't observe anything like that at the autopsy. It's entirely possible it was dirt from a shoe that was gone by the time it got to her. She didn't see it. Harpootlian tries to question further about facts of a meeting she had with South Carolina Law Enforcement Division (SLED) agent Dave Owen and the footprint. Waters objects, saying the questioning is beyond the scope of previous questioning or testimony. Objection sustained.

Harpootlian ends by asking Riemer if she agrees an opinion is just an opinion. She does. She's off the stand.



Next witness: Devon Newell​

Next on the stand, Devon Newell from General Motors. He's privy to records kept on servers related to vehicle performance. Through telematics units, modern GM vehicles upload data to GM's servers. Sent by Wi-Fi or cell phone signal.

Newell says he's aware GM received a subpoena for a search warrant from SLED in March 2022. Says he became aware Friday evening last week of data GM had that wasn't previously available at the time of the March 2022 subpoena.

The timing is conspicuous because it immediately followed an FBI agent testifying about how unhelpful GM and other car companies generally are on these investigations.

Newell testifies data salvaged includes vehicle diagnostics, battery systems, speed information and GPS location info. The disc containing all that data has been entered into evidence. No questions right now from John Conrad with the state. Phil Barber with the Defense now cross examining.

Phil Barber asks if Newell if he's aware of the FBI's efforts to reverse engineer the infotainment system to harvest data. Newell is aware it happened but is not privy to details of what the FBI found.

Newell is off the stand. No further questions.



Next witness: Roger Dale Davis​

Next witness called, Roger Dale Davis, the dog caretaker at the Murdaughs' property at the time of the murders.

Davis born and raised in Hampton. Construction worker all his life. He was the caretaker for the dogs at Murdaugh's property. Cleaned kennels twice a day for the last four years. Fed and watered the dogs at 7 a.m. and 3 p.m. each day.

Davis explains he would take the dog beds off the ground and store them on top of the dog houses while cleaning the kennels. He would put the beds back on the ground late in the afternoon in the summertime.

Davis says Maggie was laid back, easy to talk to, loved the dogs.

Davis says Paul was a hard worker, wild but would work. Would do anything his Dad asked, working on the tractors or working on the farm.

Davis says Alex is very particular. Wanted things done a certain way. Alex was also busy and hard to get ahold of.

Paul would typically drive his Ford F-150 to the kennels, unless he was working on something and he would take the F-250. Maggie would take the Range Rover or later her Mercedes to the kennels.

Davis says all the dogs stayed in the kennel most nights. Maggie would come down to the kennels late in the afternoons to let the dogs out to run and play, sometimes take them up to the house, but would bring them back later in the evening. If she was taking the dogs somewhere, she'd load them into her vehicle.

Davis reviewing photos and diagrams of the dog kennels.

First, Davis recalling hosing the kennels down. After he was done, he'd stretch the hose out going back toward the feed room. Cut the valve off at the top of the spigot, open the valve at the end of the hose, then slowly roll it up to get the pressure and water out of it to prevent kinks and breakage of the hose.

Looking at photo of crime scene, Davis says the hose as it's seen the night of the murders is not how he wound it. Somebody used the hose after he did. There's pressure on the hose, it's twisted, and the nozzle of the hose is not how he leaves it.

Davis found out about the murders the next morning. Came to the kennels to talk to SLED. Fed the dogs. He'd worked every day leading up to that day, did his normal routine, including the day of the murders.

Fed the dogs, fed the chickens, cleaned the kennels. Did it morning and afternoon on the day of the murders. Noticed nothing out of place that afternoon. Fed Grady, Bubba and Maggie the labs (pets), gave them fresh water and cleaned the pens. Left at 4:30.

When he left, Grady was in the first kennel, Bubba in the second, and Maggie in the third. Kennel 4 open. Kennel 5 was Rogan's dog. Kennel 10 was Dottie, Kennel 7 was Armadillo, Kennel 6 was "Tappy Toes." Kennels 4, 8 and 9 were open.

Davis says water tended to pool at the kennels. Under the hose, and in front of a few kennels. Water never pooled on the concrete down near the feed room where the three labs were located.

Shown the photos of the dogs and kennels from the night of the murders. He says water shown pooled in front of the kennels by the feed rooms is NOT how it normally pooled. Also, he notes Bubba is in the first kennel by the feed room, not Grady the way he left them. He says Maggie liked Grady being in the first kennel video.
2/14/23 -- Live Trial Blog Continued -- Day 17 PM

Davis says Paul would sometimes leave guns on the golf cart or ATV when he'd come down to the kennels, especially during hunting seasons. He'd observed that a few times a month over the years. Paul carried a camo 12 gauge shotgun and a AR15 .300 Blackout. Alex didn't carry guns in his vehicle, except a pistol.

Davis was shown the video from Paul's phone of the kennels at 8:44 p.m. He identified Maggie, Paul and Alex's voices on the video.

Davis notes how vehicles on the farm were left unlocked with keys in them.

Notes in his 4 years working there, he never saw guns left in the feed room. Lastly, he notes the dog beds had not been put back down from atop the dog beds as he would've done earlier.

In cross examination from Jim Griffin now. Davis notes he never saw guns in the feed room, but guns were occasionally left in the work shed down near the kennels.

Funny moment: Griffin asks Davis about Paul's hog hunting dogs. Griffin asks it it's true you can't use a gun to hunt hogs. Davis says "Oh yeah, you can use a gun. Unless you're man enough to go in there and drag 'em out by the foot." (This is a callback to one of Paul's friends testifying Paul had gotten into killing hogs with a knife).

Griffin showing Davis the kennel video from 8:44 p.m. Freezes a frame. It shows the hose unrolled. Davis had said he rolled it up after he left. Davis says Alex was particular about having the hose rolled up, Paul was not. Davis says Alex also had him be particular about not letting water pool around the feed room and kennel because the door frame wasn't properly sealed when it was constructed and water would drain underneath the door jamb, causing the wood to rot.

Davis notes Paul in particular was not as meticulous as Alex.

Davis says Alex and Maggie had a "lovey-dovey" relationship. Never saw Alex argue or raise his voice with Maggie or anyone. Lke hanging out, hunting and fishing and drinking beer with Paul.

Davis notes how lots of other stuff was kept in the feed room like medicines, collars, etc for the dogs.

Davis notes how Maggie would also sometimes take the golf car or bicycle to the kennels. Didn't know the dogs weren't typically allowed in the house due to Buster's eczema. They had an underground electric fence for the dogs up by the house. Sometimes it would work, sometimes it wouldn't. Davis noted that Bubba was rambunctious but would usually listen. Bubba wasn't the only one who had trouble with chickens. Grady did too. He recalls it started when Alex got a rooster that taunted the dogs.

On the night of the murders, Davis says he didn't hear any gunshots from his house a mile and a half away.

In redirect, Davis notes the dogs eventually killed the rooster.

Backing up, Davis noted once a dog got badly injured and Alex wasn't able to bring himself to put the dog out of its misery himself. He asked Davis to do it, and Davis shot and killed the dog to end its suffering at Alex's request.

In re-direct, Davis noted his routine was to take a shower around 4:30-5 p.m. after getting done at the kennels, and he was in his recliner the rest of the day. Davis leaving the stand appeared to walk with a noticeable limp.



Next witness: Carson Burney​

Next on the stand for the State, Carson Burney. He's a forensic accountant for the Attorney General's office in the State Grand Jury division. He compiles financial records including bank accounts, credit cards, etc.

Burney specializes in tracing funds ... where the money goes, in other words.

Burney has been qualified as an expert in forensic accounting.

In the Murdaugh case, Burney tracked tens of thousands of pages related to Murdaugh's financial transactions. For this case, he used what's known as the "first in, first out" method.

Burney was initially asked to track the $792K from Chris Wilson to Alex Murdaugh in three checks in Spring 2021.

  • March 10 - $192K
  • March 23 - $375K
  • April 20 - $225K
Large portion of the expenditures were to Murdaugh's known associates, and most of the rest were on credit card bills. The money was gone by late May 2021, about a month after the last check deposit.

In addition to his checking account at Bank of America, he had two fake "Forge" accounts and a credit card account. Also had several accounts at Palmetto State Bank. He'd regularly transfer money from the Forge accounts to his checking account, cashiers checks, or cashed and redeposited, or checks to himself to deposit into his Palmetto State Bank accounts.

Back to the $792K, it was determined Murdaugh returned the money first in a $250K check to Wilson from himself, and then a wire of $250K from Palmetto State Bank to Wilson, both around July 16, 2021. Money for $250K had come from a loan to Murdaugh from partner John E. Parker.

On June 7 2021 Murdaugh didn't have $792K for Wilson, $500K for Gloria Satterfield's sons, or $10 million for the Mallory Beach boat crash lawsuit. He didn't have money to fulfill his obligations on any of those debts at the time of the murders.

The state has no further questions for Burney.

Court is in recess until 2:15 for lunch.

Court is resuming with cross examination of Burney by Jim Griffin of the defense.

During the break, Marian Proctor, Maggie Murdaugh's sister, arrived at the courthouse with family. This is her first attendance of the ongoing murder trial for her brother-in-law.

In questioning Burney now, he testified he took into account Alex's regular income when tracking money, and subtracted that from balances to show a more accurate picture of Murdaugh's finances.

Griffin tries to make the point through selective details that Alex's finances weren't really in shambles in the spring and summer of 2021 (Griffin used a derailing train analogy.) Burney wasn't analyzing that. He was simply tracking where the money came from, and where it went with respect to the accounts he had access to.



Next witness: Marian B. Proctor​

Next on the stand, Marian Proctor, Maggie Murdaugh's sister.

Proctor talks about Maggie being a "girl's girl" who didn't grow up hunting or fishing or being outdoorsy, but really embraced that as a mom with Paul and Buster. Big South Carolina Gamecocks fan, while Marian was a big Clemson fan.

Marian on Paul: Sweet, sweet boy. Always wanted to help. Misrepresented in the media. Kind soul.

"I loved him a lot."
Marian says Maggie was a stay at home mom. She wasn't involved with the finances at all. She lived a comfortable life, not lavish life. Didn't worry about the finances. Money was never an issue for her "that she knew about." She wasn't very organized. Gives the anecdote that her (Marian's) check book would be balanced to the penny, while Maggie's would be in the floorboard of her car with a stack of bills.

June 2021, Randolph Murdaugh (Alex's father) was really sick, family felt nothing else could be done. Libby (Alex's mom) had failing health too due to Alzheimer's.

Marian recalls the three homes the family had. Hampton. Edisto Beach. Moselle. Maggie didn't like Moselle. Loved the beach.

Marian says Maggie felt like the Hampton community turned its back on her, gave them backlash after the boat crash. "Devastating blow for their family." "Maggie felt like the Hampton community had turned against her. Paul was being mistreated. People would say mean things to him. Inappropriate things." "Very hard on the family. Very stressful."

Marian says Maggie around the time before the murders had begun looking for a house somewhere else in the Bluffton / Hilton Head area. Found a house she just loved. Marian, their parents and Alex all came down to look at it. Thought they were going to make an offer, but Alex eventually told her the timing wasn't right due to the boat crash.

June 7, 2021. Marian says Maggie called her saying Alex called, wanted her to come home, bad prognosis for Mr. Randolph. She was in Edisto overseeing work done on the house. Marian says she encouraged Maggie to go to Moselle because Alex was very close to his dad, and it was the right thing to do to be with him.

That was the last time she and Maggie talked. It was her understanding they (the family) were going to Almeda to visit Alex's mother that night.

Late that night, Marian says her husband got word from Randy Murdaugh to call him. That's when she found out about the murders. Marian told her mother in person. Says she went into shock. They were in Moselle every day after that until the funeral.

Marian, very upset on the stand, says the shock hasn't subsided. It's still hard to face.

When she arrived at Moselle, she says she and Alex hugged and cried together. She didn't talk to Alex a lot about what happened over the next few days. Eventually she asked if Maggie and Paul had suffered. Alex said no, but now she's not so sure that's true for Maggie. She asked Alex if he had any idea who'd done this. She says Alex told her he didn't know, but that the felt like whoever it was must've thought about it for a long time.

Marian says that exchange struck her as odd. She didn't know what it meant.

Marian says Alex later told her mother that after dinner, he'd laid down and taken a nap (which she says was his routine), but told their mother he never went to the kennels.

Marian says it later struck her as odd Maggie didn't go to Almeda with Alex to see the family that night, she thought that was the whole reason Maggie went home. She didn't know Randolph was already in the hospital.

In the weeks after the murders, Marian says Alex was very intent on "clearing Paul's name" regarding the boat crash. He said it was his No. 1 goal. She thought that was so strange, her No. 1 goal was finding the murders. She supposes Alex was worried about that too, but he was talking about the boat case.

Proctor says everybody in the family was afraid the killers could still be out there, but Alex didn't seem to be afraid.

Marian says Alex talked a lot about getting Buster back into law school after the murders.

Waters switches gears to Maggie's love for the dogs. She'd take a car, take a golf cart or walk down to the kennels.

Marian was concerned, scared when she found out Maggie and Alex were giving Buster and Paul the AR15s for Christmas. Thought it was so dangerous, but she didn't know anything about guns,

Jim Griffin doing cross exam for Defense now.

Jim is upset, voice quaking. Marian continues to be upset.

Jim says this is hard for him, too.

Griffin painting the portrait of how close the two families were, hers and the Murdaughs. Paul and Buster's friends knew all the Branstetters and loved them and even called Maggie's parents Papa T and Grandmar despite not being related.

Marian recalls Alex and her father being close friends. She says Alex was very kind to her Dad.

Griffin introduces a photo into evidence. It's the Maggie, Paul, Buster and Alex all together a few weekends before the murders, the weekend before Memorial Day up near Greenville. Marian took the photo. She says she never saw her sister again after that.

Marian says re: Libby (Alex's mom), Maggie didn't like to go over there as much as Alex. Went over a lot still to help take care of her, and Mr. Randolph. Notes Maggie doted on Mr. Randolph. Really took great interest in him, devoted to helping him eat healthier (no-salt diet) and things like that.

Griffin notes how Randolph wasn't admitted into the hospital until late the afternoon of June 7, after Marian and Maggie spoke on the phone. Knowing that, does she still find it odd Maggie didn't go over to Almeda with Alex that night? She says not so much in that case.

Marian says Alex was very much grieving after the murders. Marian notes Alex didn't like being by himself. She can't say he was constantly asking Maggie to come back home to stay at Moselle, but she didn't find it odd for Alex to ask her that when she and Maggie spoke on the phone.

Marian again for the defense reiterates previous witnesses points that Maggie came and stayed with them and Maggie's parents quite often after murders. Never spent another night at Moselle.

Griffin says Maggie before the murders was adamant Paul had not been driving the boat the night of the crash, and was on a mission to clear Paul's name just like Alex.

Griffin asks if Marian is critical of Alex wanting to clear Paul's name after the murders. She's not critical, probably just his way of coping, but she thought his priorities should be on finding the killers. It was just odd. They didn't know the motive behind the killing, and feared the killers could be out there. Scared for Alex and Buster.

Proctor said she and her family thought the murders might've had something to do with the boat crash until September and the roadside shooting involving Alex. After that "things started to change a little bit," she says.

Jim shifts gears. Asking about the dogs, Maggie loved the dogs but they weren't allowed in the houses due to allergies.

She agrees Moselle was Paul's passion, and he loved being at that place. Alex and Paul had a very good relationship. They loved all the same things - hunting, fishing, working the land. Paul would take over Moselle one day.

As for Alex and Maggie's relationship, Marian says it wasn't perfect, but Maggie was happy.

Waters in redirect questioning Marian on why her thoughts on the motive for the killings changed in September. Griffin objects to any evidence or testimony related to September, Alex being fired from his job and the roadside shooting in the failed assisted suicide / insurance fraud plot.

Jury has been removed while the lawyers hash out whether or not the September events are admissible.

The court reporter is asked to go back and find the specific question Griffin asked that led to Marian offering up her opinion changed in September about motive and who could've committed the killings.

Judge Newman now asking Marian to explain what happened in September that reshaped Maggie's family's opinion about what happened in June. She recalls getting the call saying Alex had been shot Labor Day weekend. Marian says they were horrified whoever shot Alex was the same person who killed Maggie and Paul, and Buster was next. She recalls calling Buster and finding out Alex was OK, then talking to Jim Griffin who informed her Alex had been fired the day before. That's when things changed.

Waters says he feels the doors have been opened to ask Proctor to explain what she meant to the jury about September. He says he also wants to ask her about fidelity issues and opioid abuse.

Griffin argues this line of questioning about a Pandora's box of things that aren't (or shouldn't be admissible).

Newman pointing out how Griffin was questioning Proctor about Alex's safety and state of mind (carrying a gun), opened the door for it to be explored. Proctor even brought up conversation with Griffin. Judge Newman asks Griffin about that conversation, and if he plans to testify. Griffin jokes "That's hearsay."

Griffin says roadside shooting is "motive after the fact." Shouldn't be admissible.

Newman says Griffin was suggesting through his questions Alex was living in fear, but Proctor says that wasn't evident to her.

Proctor says she was certainly in fear for Alex after the murders and after the shooting, until more things started coming out about Alex.

Newman asks Proctor if the conversation with Jim Griffin was the catalyst for her discovering "other things" in September. Griffin here joked "that's hearsay."

Family relationship, opioid abuse, fidelity concerns in marriage: Griffin says it's related to an affair 15 years ago, and it wasn't true.

Griffin says he's not sure what the State will represent about the opioids. Newman reminds Griffin he was the one who introduced the letter about the opioids into evidence to be read in full.

Regarding infidelity, Proctor says the affair concerns did occur 15 years ago, but it always bothered Maggie. She brought it up with Alex as recently as about a year ago (around the time of the murders). It was still a sore point in their marriage in Maggie's eyes.

Griffin reiterates it was 15 years ago, and it's unfairly prejudicial. Newman says that's why Griffin needs to be more careful with his questions.

Court in recess while Newman decides on a ruling.

Newman back, court back in session. He rules Proctor may testify about what happened in September that changed her perspective about Alex potentially living in fear. Cannot testify about fidelity issue. Too remote in time, would confuse jury. Can testify about Murdaugh being fired and about concerns of a drug problem.

Griffin says he will be making hearsay objections about opioid drug problem testimony. Newman acknowledges but says it's an admissible line of questioning. The drug problem has already been established in evidence.

Jury is returning.

Proctor testifies about learning of Alex being shot on the side of the road in Sept. 2021. She was initially concerned Alex might be dead, felt the family was being targeted. She called Buster, who said Alex was going to be fine. Called Jim Griffin, and learned in addition to being shot, Alex had been fired from his job.




 

2/14/23

Alex Murdaugh's sister-in-law testified Tuesday in his double murder trial that she thought it was odd that he didn't seem scared in the weeks after his son Paul and wife Maggie were killed at their South Carolina home.

Marian Proctor told jurors her family was distraught after the killings. She said Alex Murdaugh was devastated too, but that he said a few odd things about the deaths of his wife and son.

“He did not know who it was, but he thought whoever had done it had thought about it a really long time,” Proctor said.

Alex Murdaugh, 54, faces 30 years to life in prison if convicted of killing his 52-year-old wife and their 22-year-old son, whose bodies were found June 7, 2021, near the kennels at the hunting lodge where the disgraced attorney lived with his family.

Proctor said Tuesday she had a great relationship with her nephew and her brother-in-law. Alex Murdaugh spent time with his in-laws after the killings as they all sorted through their grief.

But Proctor said that as time went on, there were some nagging doubts that entered her mind, especially Alex Murdaugh's focus on Paul Murdaugh's role in a 2019 boat crash where a teenager died. Investigators said Paul Murdaugh was driving the boat and charged him with boating under the influence.

“He said that his number one goal was clearing Paul's name,” Proctor said. “And I thought that was so strange because my number one goal was to find out who killed my sister and Paul.”

During cross-examination, Proctor said Maggie Murdaugh was adamant that her son wasn't driving the boat and wanted to clear his name too.

Proctor testified that Alex and Maggie Murdaugh had a special relationship with only occasional and typical disagreements.

“It was good,” Proctor said. “It wasn't perfect. But Maggie was happy.”
Prosecutors wanted to ask Proctor about Maggie Murdaugh's suspicions 15 years ago that her husband was having an affair, but the judge ruled that was too far in the past to be relevant.

Proctor testified her opinion of her brother-in-law started to change in September 2021 when police said Alex Murdaugh asked a friend to kill him on the side of the road so his surviving son could get a $10 million life insurance policy, but the shot just grazed his head.

At the same time, news started to emerge the investigators thought Alex Murdaugh stole from his family law firm and clients. Murdaugh is facing about 100 other charges outside of murder.
 

8/12/23

COLUMBIA, SC (WCIV) — A man jailed on fraud charges for ill-gotten pandemic relief funds has been implicated in the criminal enterprise of Alex Murdaugh, a former South Carolina lawyer accused of murdering his own wife and son amid what law enforcement has described as a multi-million dollar money laundering and drug trafficking scheme.

[..]

While explaining the history of those charges, Assistant Attorney General Creighton Waters also explicitly linked Roberts in the broader criminal sphere centered around Alex Murdaugh.

[..]

Waters, the lead prosecutor in the state's several Murdaugh-related criminal probes, told Judge Newman detectives have found evidence Roberts received several unexplained check payments from Alex Murdaugh. Waters also told the judge search warrants tied to those payments yielded illegal drugs, a trove of cash and a handgun.

Waters' comments were conspicuous in their timing, given Roberts' bond hearing immediately preceded a bond revocation hearing for Murdaugh associate Curtis "Eddie" Smith. Smith was hauled back into court Thursday after repeatedly violating terms of his release from jail on a $250,000 bond last month.

Smith was arrested in late June after he and Murdaugh were jointly indicted by the State Grand Jury on charges of drug trafficking and money laundering. The two are accused of conspiracy to illegally purchase and distribute oxycodone from 2013 to 2021, which saw Murdaugh reportedly pay Smith in excess of $3.4 million over that eight-year period.

Prior to their June indictments, Murdaugh defense attorneys Jim Griffin and Dick Harpootlian had downplayed Murdaugh's ties to Smith. They claimed Smith was simply a drug dealer Murdaugh used to feed his self-professed "20-year addiction" to prescription opioid pain medications.

But a more substantial connection was evident the instant law enforcement charged Smith and Murdaugh as co-conspirators in the now infamous suicide for hire plot over Labor Day weekend 2021, in which Murdaugh was reportedly shot in the head by Smith, but survived. Both Murdaugh and Smith await trial on criminal conspiracy and insurance fraud charges related to the staged shooting.

[..]

To date, investigators believe Alex Murdaugh misappropriated in excess of $8.4 million between at least 2011 and 2021, paying Smith $3.4 million along the way. Meantime, the FBI's narcotics task force suggests the average street value of oxycodone ranges from $15 to $30 per pill.

If Murdaugh's only connection to Smith had been buying drugs for personal consumption as his lawyers claimed, then the math of Murdaugh's alleged pain pill abuse would've been truly astonishing. Murdaugh would have been taking dozens of pills per day, every day, for about eight years for the dollar-to-pill breakdown to make sense.
 

2/15/23

LIVE TRIAL BLOG -- DAY 18

09:58
Owen says we've already established "family guns were used." If Paul's truck was at the house, where were the guns? And Alex adds 'How did they get down there?' Owen asks the same, how did they get down there? Owen says it's normal for the Murdaughs to leave keys in vehicles, but if somebody showed up to the property and did this, and the guns were in Paul's truck, the killers wouldn't have driven Paul's truck back up to the house afterward.

Wednesday​

Court begins at 9:30 with an in-camera motion hearing over admissibility of evidence and testimony related to the Sept. 2021 roadside shooting involving Alex Murdaugh, later revealed to be a botched assisted suicide attempt.

Prosecutor Creighton Waters is making an argument for why the botched assisted suicide assist should be admissible.

"It really doesn't matter what happened on the side of the road... (using it) is to show what the defendant said about it and that wasn't true," Water says
To make that claim about being targeted, that than causes people to assume he's in no way responsible for Moselle, Waters said. This evidence contributes to the "perfect storm" Waters has been referring to- all the motives the State is setting up as the reason Alex killed his wife and son.

"We think its very admissible as clear and convincing evidence," Waters says"
Waters doesn't want to spend a lot of time on the attempt or what exactly happened there. He says the point is to prove Alex was lying about what happened- which he feels is relevant to the murder trial.

Dick Harpootlian arguing the other side.

"All this is linked to is the financial crimes, not the murder," he says.
Dick is saying the suicide attempt is supportive evidence for getting out of the financial crimes, rather than the murder.

Dick says Alex would have killed his other son Buster if he really wanted to distract people more.

Waters tries to distinguish the desire for sharing this roadside occasion. He says again, the State wants to use it as evidence of Alex's lying and state of mind at the time, NOT to get into the workings of the assisted suicide attempt itself.

Waters said if the shooting was a scheme, it was created after Alex realized he wasn't dead.

Judge Clifton Newman says this shooting is not evidence of motive, but more toward common scheme or plan. It does not survive the logical relevancy test and it goes more towards showing a pretense to commit violent acts.

"I believe to allow this evidence is a bridge too far," Newman says.
Newman says the court needs to have guardrails and can't include everything.

He agrees with the defense that it would be admissible perhaps in a trial about the financial crimes.

Newman makes a point to say this roadside shooting evidence will NOT be admissible at this time, but anything could change further down the line.

The court laughs when the decision is made and the jury isn't expected back for another half hour.

Court will recess for 15 minutes to allow the State to prepare for their first witness of the day.



First witness: David Owen​

Next on the stand for the State, SLED Special Agent David Owen, the lead investigator on the Murdaugh case.

Owen was on-call the night of June 7, 2021. He was in bed around 10:30 p.m. when he got the call for two dead people in Moselle community, near Islandton, Colleton County. Arrived at scene, spoke with Colleton County and his agent on scene. Paired with Detective Laura Rutland from CCSO.

Owen says SLED assisting local law enforcement is common.

Owen began by surveying the scene outside the crime scene tape, talking to people to learn more about what had happened so far, any statements, evidence, etc. Knew not to go into the crime scene until his crew arrived.

Owen says he knew Alex Murdaugh was on scene with family and law partners, knew Alex had reportedly discovered bodies and made 911 calls. Every death investigation is treated as a homicide (death by another person) until determined otherwise, so it was paramount to speak to Alex Murdaugh as he was the first person on scene.

Interviewed Murdaugh in his car with CCSO Det. Laura Rutland and Murdaugh's lawyer Danny Henderson. Owen says Murdaugh didn't appear to be under the influence of any drugs or alcohol, no trouble answering questions or communicating.

Owen recalls nothing out of the ordinary on Murdaugh's clothes or with his appearance.

Buster arrived, interview ended. Alex allowed to go be with his son. 15 minutes later, Owen went to the house, asked for Murdaugh's clothes. Watched him disrobe, and took control of Murdaugh's green shorts, white T-shirt and tennis shoes.

Owen is opening boxes of evidence containing Murdaugh's clothes.

Asst. AG John Meadors asks Owen about reaching over and patting Alex on the shoulder to console him during the first interview. Owen says "That's just who I am."

Owen says once inside the house, there was no evidence of a scuffle, fight or forced entry. Murdaugh had mentioned trying to call Paul's friend Nolan Tuten, so Owen located Tuten inside the house and took him aside to interview him in his car.

Owen discussing evidence collected at crime scene and around the property and home. Meadors asks about Paul's phone. Owen recalls the phone lying on top of Paul's right buttock on top of his pants. Owen recalls Murdaugh telling him Paul's phone popped out of his pocket when he tried to turn him over to check his pulse after discovering the body, picked it up and thought of doing something with it, but thought better of it and set it back down.

Reminder that one of Paul's friends testified last week (Nathan Tuten I believe) testified Paul liked to keep his phone in his back pocket.

Owen says Paul's phone was dead when they collected it. Turned out to be a significant piece of evidence.

Owen testifying the scene around the bodies was very bloody, very gruesome. More blood remained around Paul due to water on concrete, most of the blood around Maggie had pooled under her body or soaked into the ground.

Interviewed Claude Rowe the day after the shooting after Alex telling the story of Paul saying Rowe told him he was a former FBI assassin. Rowe had an alibi that checked out, taking his father to the doctor in Mount Pleasant.

Owen recalls other agents interviewing Paul's friend Rogan Gibson.

Next day, SLED sent Colleton County to Moselle Road to look for home security videos. Not many found, the ones that were proved useless. So dark, couldn't see make, model or license plates of vehicles.

Owen recalls his agents telling him about interview with Rogan Gibson, who said he had been on the phone with Paul about a dog, heard voices in the background, 99% sure it was Alex's voice in the background. (Rogan later in court was played the video Paul was supposed to send and said he was 100% sure it was Alex).

June 10: Second interview with Murdaugh. Proper interview. Allowed for "memory reset," clearer recall. Voluntary interview by Alex. Agent Jeff Croft and attorney Jim Griffin present.

Owen is sure Alex was of clear mind, not under the influence during second interview.

Owen: Murdaugh was clear in first and second interview he hadn't been down to the kennels before going to visit his mother in Almeda that night.

Owen recalls doing logical extraction of Murdaugh's phone files on June 10 (photos, videos, texts, call history -- surface level files).

Owen recalls speaking with Marian Proctor, getting search warrants for Maggie's vehicle. Later recalls SLED searching the Murdaugh land plus ponds and waterways on the property. Also searching the Little Salkehatchie and Salkehatchie rivers, which are nearby. .300 Blackout shell casings recovered.

Owen said he verified Maggie Murdaugh had been to the doctor in Charleston the day of the murders, wearing the same clothes as she was found dead in. Normal visit for Maggie, the doctor said.

Late July 2021, Alex called and asked if he could get his SUV back. Owen said no, but allowed Alex to get belongings from SUV (golf clubs to go on vacation with Maggie's family). Owen said Alex also had questions about the investigation he wanted to ask, and Owen said he wanted to ask Murdaugh more questions as well. Met in person July 28. Decided Murdaugh would go on vacation, they'd schedule something when he got back.

August 3rd, Murdaugh returned, called Owen to set up interview.

Meadors asks Owen about multiple DNA swabs taken from people. Owen says he was generally aware of boat crash case at the time of the murders (catastrophic event for the family). Knew that was a big deal, and needed to be addressed.

So Owen started collecting DNA from people who were at the house the night of the murder, then moved to people who were on the boat or connected the boat case.

Owen recalls how it was Alex who on three different occasions the night of the murders brought up the boat case: First in 911 call, then to Colleton County deputy, then to Owen in first interview.

August 11, third SLED interview with Alex Murdaugh at SLED regional office in Walterboro. (Aug. 11 is the same day the 14th Circuit Solicitor's Office recused itself from involvement with the investigation, due to ties with Murdaugh and his family.)

Court in short recess as state prepares to play lengthy interview recording of Murdaugh's 3rd meeting with SLED.

Court is now playing the third Murdaugh - SLED interview. An immediately eyebrow-raising fact from this video: Cory Fleming is present with Alex Murdaugh acting as his attorney in this third SLED interview. Fleming is under indictment for direct involvement with Murdaugh's many, many financial crimes.

Fleming interrupts the interview almost immediately saying he thought Alex was coming to get updates on the investigation, not to be questioned himself. Fleming demands information first before Alex is questioned. Owen says some of his questions are directly related to information about the case.

Fleming demands Owen say if he's asking Murdaugh questions to further the investigation, or if he's asking Murdaugh questions because Murdaugh is a suspect. Owen says he's trying to further the investigation, and he's trying to eliminate Alex as a suspect because he's obligated to treat Alex as a suspect because he was the first on the scene.

Fleming seems fine with Owen's answer, but wants to be sure Owen will not be questioning Murdaugh based on news reporting surrounding the case.

Fleming: "I don't read it, but everybody in the United States of America has an opinion on this case. And Because I know everybody and I know it's a bunch of , I can't imagine y'all are going to be asking about the nonsense on the internet?"

Owen says that's not what he's asking about, and Fleming acquiesces to the questioning as long as Alex is OK with it. Alex says yes, let's proceed.

Owen asking Murdaugh about the morning of June 7. Doesn't recall the exact time he left for work. Maggie got up early to leave for an appointment in Charleston. Can't remember if he left right after that or piddled around awhile. Murdaugh says his keycard entry log at work can tell Owen exactly what time he arrived.

Murdaugh says at work he was working on motions related to the lawsuit from the boat crash case while he was at work. Murdaugh says he left work earlier than normal, around 5:30. He says he and Paul got home around the same time. They rode around the farm in separate trucks. White and black pickup trucks. (Murdaugh begins crying). Murdaugh says he doesn't recall any long guns (shotguns, rifles) in the trucks that day, just pistols. They were doing some shooting while riding around.

Murdaugh very upset now, Owen leaves to get Murdaugh a box of tissues. Fleming asks Murdaugh if he's sure he can do this? Murdaugh says yes.

Murdaugh describes talking to Paul about all kinds of stuff while riding around the farm. Talked to Paul about the issue of his feet swelling and blood pressure. Alex ties it to the stresses and pressures of the boat wreck. Alex and Maggie were trying to get him to go to the doctor. Paul was very resistant until the feet swelling issue, but still hadn't gone to the doctor.

Alex says Maggie arrived a couple hours after he and Paul arrived. Can't recall if Maggie came by the shed were they were messing around first, or if she went straight to the house first and they met her there.

Alex clarifies Maggie wasn't supposed to be coming home that night, she was planning to stay at Edisto. Alex says he wasn't sure she was coming home that night. (We previously heard from Blanca and Marian that Alex specifically asked Maggie to come home.) Alex says it wasn't a surprise exactly that Maggie came home, but he didn't know she was coming or the reason why until later. The reason he understood Maggie came was because she was worried about him because of his Dad's failing health.

Murdaugh says he isn't sure when Maggie and Paul went to the kennels. He laid down on the couch and dozed off after dinner.

Agent Owen asks Murdaugh about the clothes he was wearing in the Snapchat video: blue shirt, khaki pants. Owen asks Murdaugh when he changed clothes. Murdaugh doesn't remember messing with a tree as shown in the video. Alex asks Owen what time was the video taken? (Meadors stops the video to clarify this point for the jury). Owen says there's no timestamp on it, but about dusk, so 7:30 to 8:00 p.m. Alex finally says he guesses he changed when he got back to the house after riding around with Paul.

Owen recalls initial conversations with Alex about what he did that night when he left the house to go visit his mother. Alex woke up from nap, tried to call Maggie and Paul, then sent them text he was leaving to check on his mother. Owen recalls Alex telling him Maggie didn't normally go with him to check on his mom, but might THAT night. So Owen asks based on that, why didn't Alex go check on Maggie when she didn't respond? If she said she might go with him?

Murdaugh says he doesn't recall having specific plans for Maggie to ride with him that night. Maybe she'd told him she would that night, but he doesn't remember that. She didn't normally go with him. "It's not like we had plans that she was going to ride with me, that she was going."

Murdaugh recounts his path to his mom's house that night.

Murdaugh says he didn't often go visit his mom that late at night, but she'd been particularly bad, particularly agitated the night of June 7 without his father being there. He says he was at his mom's 45 minutes to an hour that night. (Meadors pauses to the video to ask if Shelly Smith, Murdaugh's mother's caretaker, had been interviewed at this point. Owen says yes, but he hadn't at personally at this point.)

Recall that Shelly Smith testified Murdaugh was only at the house about 20 minutes, and claims Murdaugh came by sometime after the fact and strangely indicated to her matter of factly he'd been there 30 to 45 minutes.

Owen asks Murdaugh about Rogan Gibson's dog Cash, and something being wrong with his tail.

Murdaugh says he found out from Rogan Gibson there was something wrong with the dog's tail, doesn't recall any conversation with Paul about it. (In the video from Paul's phone at 8:44 p.m. June 7 at the kennels, Alex can be heard asking Paul about the dog, "How bad is it Paul?").

Owen asks Murdaugh how Maggie and Paul got to the kennel that night? Murdaugh says he was hoping Owen could tell him that. Owen speculates Maggie and Paul went down there in Buster's old black truck, which spent equal time at the shed and at the house. Alex says it's possible, very unlikely Paul walked.

Owen asks if it was possible Maggie convinced Paul to walk that night due to Paul's health concerns. Alex says it's likely the other way around.

Owen asks Murdaugh again if he had been at the kennels after dinner. Owen brings up information that someone (Rogan Gibson) testified they heard Alex Murdaugh's voice in the background at the kennels around 9 p.m. the night of the murders.

Murdaugh says he talked to Rogan Gibson, and Rogan told him he thought he heard him in the background, but Alex is adamant he wasn't there. Doesn't know who else could've been down there with a voice like his.

Owen asks Murdaugh about the dogs. Alex says he didn't put the dogs up that night, and however the dogs were found was how they were. (Dale Davis testified yesterday Bubba was not in his normal kennel based on the crime scene photos, and Murdaugh could be heard calling Bubba at the kennels because of the dead chicken minutes before the murders).

Owen asks Murdaugh about the 911 call where he randomly said "Here!" Was Murdaugh calling a dog? Murdaugh doesn't remember that, but is sure no dogs were out when he was calling 911. Isn't sure why he said "Here."

Owen asks Murdaugh about how he normally loads his shotguns at the house. Notes Paul was shot with buckshot, birdshot. Shotgun Alex had with him the night of the murders was loaded with buckshot, birdshot. Shotguns recovered from the gun room were loaded with buckshot, birdshot. Alex doesn't really address this.

Owen brings up what guns were missing. Alex says three shotguns are for sure missing. A Benelli semi-auto, a Browning semi-auto and a Remington pump-action. Owen brings up the .300 Blackouts. Paul's missing one and the replacement one, both missing. Alex believes the replacement has been gone since before Christmas 2020.

Will Loving testified they were test firing it together by the gun room outside entrance around March or April of 2021, months before the murder. Owen confronts Murdaugh with shell casings around Maggie's body matching the ones recovered outside the gun room and at the gun range. Alex registers this, and the fact Paul's gun or guns (.300BLK) were used in the shooting.

Owen asks Murdaugh about him making the comment "I should've known" during the 911 call. Murdaugh says he doesn't remember it, but guesses it was related to him being convinced this all had something to do with the boat wreck.

Owens asks if Paul was ever physical in heated arguments with him or Maggie. Alex said one isolated incident between him and Paul a while ago when Paul had too much to drink.

Owen asks Alex about Paul's cell phone popping out when Alex tried to lift him. Owen recalls how Alex said in earlier interview he thought about doing something with it, but thought better of it. Owen asks what was Alex's intention for the phone? Alex doesn't recall.

Owen asks how long he, Maggie and Paul ate dinner together that night. Alex says about 15 minutes.

Owen asks how long it had been before the night of the murders Alex had last seen a long gun in Paul's truck. Alex doesn't recall, but said Paul ALWAYS had guns in the truck.
 
2/15/23

WEDNESDAY -- LIVE TRIAL BLOG -- DAY 18 am

10:22

Croft asks Murdaugh about the gun bought for Paul to replace his stolen one. Video ends. Court in recess for lunch until 2:20.

10:20

Rowe was hired late the previous fall (Fall 2020) according to Alex. Says he hired Rowe from working at a plantation owned by family friend Barrett Boulware.

10:18

Jeff Croft asks about Maggie and Alex ever discussing thefts from the property and installing cameras. Alex recalls there were some missing drills and power tools he recalled Paul reporting missing after CB Rowe was hired.

10:17

Owen says he hates to give credibility to the media reports about the case, but he wants to get as much information as he can to clear Alex's name.


10:14

Alex asks how far apart in time Paul and Maggie were shot -- did one know the other was shot or dead? Owen says it's impossible to know. Tells Alex not to beat himself up over getting an answer.

Owen says a lot of the leads they're getting are very far-fetched and crazy.

Cory Fleming talks about how lawyers can help expedite process of having Paul's phone unlocked through assigning power of attorney for Maggie's estate (she was the phone's owner). Owen is receptive to that.

10:12

Murdaugh asks if they have any solid leads. Owen says no. No tire impressions or shoe prints because it rained the night of the murders. From there, they start generally talking about phone data, car data, cell towers, etc.

10:10

Cory Fleming pipes in. Asks question on behalf of Randy and the family about having Murdaugh family's friends in the community to keep ears open for loose lips, etc, and report it back to SLED. Owen says he won't ask this of anyone because that would make them an agent of the state, but he can't stop anyone. Encouraes them to tell anyone with info to call the tipline or call SLED.
  • Comment


10:07

Murdaugh asks Owen if Maggie or Paul were alive very long after the shooting? Did they suffer? Owen says it was very quick, a matter of seconds. Alex asks if SLED knows how many people were involved with the shooting, 1 person, or more? (Meadors stops the video to clarify with Owen this is the first time in the entire investigation Alex has ever asked him these types of questions).
Alex: "And neither one of them suffered very long?"
Owen: "A matter of seconds."
Alex: "Thank you."
  • Comment


10:04

Alex offers up that he talked to someone who told him Nolan Tuten saw Paul with a gun (a .300 Blackout) three weeks beforehand but not the .300BLK that was at the house. Owen says no, Nolan told them he last saw Paul with his camo Benelli 12-gauge shotgun and another 7mm-08 rifle. Nolan says he hadn't seen Paul with the replacement .300BLK since March. Alex says he was under the impression the replacement .300BLK had been missing since Christmas, seems confused Nolan says he saw it so recently.
  • Comment


09:58

Owen says we've already established "family guns were used." If Paul's truck was at the house, where were the guns? And Alex adds 'How did they get down there?' Owen asks the same, how did they get down there? Owen says it's normal for the Murdaughs to leave keys in vehicles, but if somebody showed up to the property and did this, and the guns were in Paul's truck, the killers wouldn't have driven Paul's truck back up to the house afterward.

09:55

Owen shifts gears to answer some of Alex's questions. Alex says he would like to know exactly what happened. Owen: "Me too." Owen says he believes Paul was shot first because of where he was located. We may honestly never know. Alex says he thought Maggie was shot first because she was shot in the back of the head. Owen says he thinks Paul was shot first because there's no way if Paul saw his mama getting shot he would've run toward the feed room.
  • Comment


09:51

Murdaugh is confident he wasn't still at work at 6, but if he was, he wasn't there long afterward. Murdaugh asks if SLED has been able to get his SUV data yet? Owen says no, long process. Murdaugh is adamant he was home in time for he and Paul to ride around for a substantial amount of time, he believed possibly 2 hours. "We rode all over."
  • Comment


09:46

Owen brings up Alex saying he left for the office around 8:30-10 a.m. the morning of the murders, left work around 5:30. Having trouble nailing down times. Owen asks Murdaugh about him saying on 911 call he'd last seen Maggie around 1.5-2 hours before 911 call (8:00-8:30 pm). Owen asks Alex about his timeframe getting home that day. Alex said around 5:30, but Owen says keycard log shows Murdaugh actually walking in at that time, and Randy testifying Alex was still at work when he left at 6.
  • Comment


09:42

Owen asks Alex about Paul's truck being put in the shop the Friday before the murders. Alex doesn't recall seeing Paul that day.
  • Comment


09:41

Owen asks how long it had been before the night of the murders Alex had last seen a long gun in Paul's truck. Alex doesn't recall, but said Paul ALWAYS had guns in the truck.
  • Comment


09:40

Owen asks how long he, Maggie and Paul ate dinner together that night. Alex says about 15 minutes.
  • Comment


09:39

Owen asks Alex about Paul's cell phone popping out when Alex tried to lift him. Owen recalls how Alex said in earlier interview he thought about doing something with it, but thought better of it. Owen asks what was Alex's intention for the phone? Alex doesn't recall.
  • Comment


09:38

Owens asks if Paul was ever physical in heated arguments with him or Maggie. Alex said one isolated incident between him and Paul a while ago when Paul had too much to drink.
  • Comment


09:37

Owen asks Murdaugh about him making the comment "I should've known" during the 911 call. Murdaugh says he doesn't remember it, but guesses it was related to him being convinced this all had something to do with the boat wreck.
  • Comment


09:35

Owen brings up what guns were missing. Alex says three shotguns are for sure missing. A Benelli semi-auto, a Browning semi-auto and a Remington pump-action. Owen brings up the .300 Blackouts. Paul's missing one and the replacement one, both missing. Alex believes the replacement has been gone since before Christmas 2020. (Will Loving testified they were test firing it together by the gun room outside entrance around March-April of 2021, months before the murder). Owen confronts Murdaugh with shell casings around Maggie's body matching the ones recovered outside the gun room and at the gun range. Alex registers this, and the fact Paul's gun or guns (.300BLK) were used in the shooting.
  • Comment


09:31

Owen asks Murdaugh about how he normally loads his shotguns at the house. Notes Paul was shot with buckshot, birdshot. Shotgun Alex had with him the night of the murders was loaded with buckshot, birdshot. Shotguns recovered from the gun room were loaded with buckshot, birdshot. Alex doesn't really address this.
  • Comment


09:27

Owen asks Murdaugh about the dogs. Alex says he didn't put the dogs up that night, and however the dogs were found was how they were. (Dale Davis testified yesterday Bubba was not in his normal kennel based on the crime scene photos, and Murdaugh could be heard calling Bubba at the kennels because of the dead chicken minutes before the murders). Owen asks Murdaugh about the 911 call where he randomly said "Here!" Was Murdaugh calling a dog? Murdaugh doesn't remember that, but is sure no dogs were out when he was calling 911. Isn't sure why he said "Here."
  • Comment


09:23

Owen asks Murdaugh again if he had been at the kennels after dinner. Owen brings up information that someone (Rogan Gibson) testified they heard Alex Murdaugh's voice in the background at the kennels around 9 p.m. the night of the murders. Murdaugh says he talked to Rogan Gibson, and Rogan told him he thought he heard him in the background, but Alex is adamant he wasn't there. Doesn't know who else could've been down there with a voice like his.
  • Comment


09:19

Owen asks Murdaugh how Maggie and Paul got to the kennel that night? Murdaugh says he was hoping Owen could tell him that. Owen speculates Maggie and Paul went down there in Buster's old black truck, which spent equal time at the shed and at the house. Alex says it's possible, very unlikely Paul walked. Owen asks if it was possible Maggie convinced Paul to walk that night due to Paul's health concerns. Alex says it's likely the other way around.
  • Comment


09:16

Owen asks Murdaugh about Rogan Gibson's dog Cash, and something being wrong with his tail. Murdaugh says he found out from Rogan Gibson there was something wrong with the dog's tail, doesn't recall any conversation with Paul about it. (In the video from Paul's phone at 8:44 p.m. June 7 at the kennels, Alex can be heard asking Paul about the dog, "How bad is it Paul?")
  • Comment


09:14

Recall that Shelly Smith testified Murdaugh was only at the house about 20 minutes, and claims Murdaugh came by sometime after the fact and strangely indicated to her matter of factly he'd been there 30-45 minutes.
  • Comment


09:12

Murdaugh says he didn't often go visit his mom that late at night, but she'd been particularly bad, particularly agitated the night of June 7 without his father being there. He says he was at his mom's 45 minutes to an hour that night. (Meadors pauses to the video to ask if Shelly Smith, Murdaugh's mother's caretaker, had been interviewed at this point. Owen says yes, but he hadn't at personally at this point.)
  • Comment


09:09

Murdaugh recounts his path to his mom's house that night.
  • Comment


09:08

Murdaugh says he doesn't recall having specific plans for Maggie to ride with him that night. Maybe she'd told him she would that night, but he doesn't remember that. She didn't normally go with him. "It's not like we had plans that she was going to ride with me, that she was going."
  • Comment


09:06

Owen recalls initial conversations with Alex about what he did that night when he left the house to go visit his mother. Alex woke up from nap, tried to call Maggie and Paul, then sent them text he was leaving to check on his mother. Owen recalls Alex telling him Maggie didn't normally go with him to check on his mom, but might THAT night. So Owen asks based on that, why didn't Alex go check on Maggie when she didn't respond? If she said she might go with him?
  • Comment


09:03

Agent Owen asks Murdaugh about the clothes he was wearing in the Snapchat video: blue shirt, khaki pants. Owen asks Murdaugh when he changed clothes. Murdaugh doesn't remember messing with a tree as shown in the video. Alex asks Owen what time was the video taken? (Meadors stops the video to clarify this point for the jury). Owen says there's no timestamp on it, but about dusk, so 7:30-8:00. Alex finally says he guesses he changed when he got back to the house after riding around with Paul.
  • Comment


09:00

Murdaugh says he isn't sure when Maggie and Paul went to the kennels. He laid down on the couch and dozed off after dinner.
  • Comment


08:59

Alex clarifies Maggie wasn't supposed to be coming home that night, she was planning to stay at Edisto. Alex says he wasn't sure she was coming home that night. (We previously heard from Blanca and Marian that Alex specifically asked Maggie to come home.) Alex says it wasn't a surprise exactly that Maggie came home, but he didn't know she was coming or the reason why until later. The reason he understood Maggie came was because she was worried about him because of his Dad's failing health.
  • Comment


08:56

Alex says Maggie arrived a couple hours after he and Paul arrived. Can't recall if Maggie came by the shed were they were messing around first, or if she went straight to the house first and they met her there.
  • Comment


08:54

Murdaugh describes talking to Paul about all kinds of stuff while riding around the farm. Talked to Paul about the issue of his feet swelling and blood pressure. Alex ties it to the stresses and pressures of the boat wreck. Alex and Maggie were trying to get him to go to the doctor. Paul was very resistant until the feet swelling issue, but still hadn't gone to the doctor.
  • Comment


08:52

Murdaugh very upset now, Owen leaves to get Murdaugh a box of tissues. Fleming asks Murdaugh if he's sure he can do this? Murdaugh says yes.
  • Comment


08:51

Murdaugh says at work he was working on motions related to the lawsuit from the boat crash case while he was at work. Murdaugh says he left work earlier than normal, around 5:30. He says he and Paul got home around the same time. They rode around the farm in separate trucks. White and black pickup trucks. (Murdaugh begins crying). Murdaugh says he doesn't recall any long guns (shotguns, rifles) in the trucks that day, just pistols. They were doing some shooting while riding around.
  • Comment


08:49

Owen asking Murdaugh about the morning of June 7. Doesn't recall the exact time he left for work. Maggie got up early to leave for an appointment in Charleston. Can't remember if he left right after that or piddled around awhile. Murdaugh says his keycard entry log at work can tell Owen exactly what time he arrived.
  • Comment


08:47

Fleming seems fine with Owen's answer, but wants to be sure Owen will not be questioning Murdaugh based on news reporting surrounding the case.
Fleming: "I don't read it, but everybody in the United States of America has an opinion on this case. And Because I know everybody and I know it's a bunch of , I can't imagine y'all are going to be asking about the nonsense on the internet?"
Owen says that's not what he's asking about, and Fleming acquiesces to the questioning as long as Alex is OK with it. Alex says yes, let's proceed.
  • Comment


08:44

Fleming demands Owen say if he's asking Murdaugh questions to further the investigation, or if he's asking Murdaugh questions because Murdaugh is a suspect. Owen says he's trying to further the investigation, and he's trying to eliminate Alex as a suspect because he's obligated to treat Alex as a suspect because he was the first on the scene.
  • Comment


08:42

Fleming interrupts the interview almost immediately saying he thought Alex was coming to get updates on the investigation, not to be questioned himself. Fleming demands information first before Alex is questioned. Owen says some of his questions are directly related to information about the case.
  • Comment


08:39

Court is now playing the third Murdaugh - SLED interview. An immediately eyebrow-raising fact from this video: Cory Fleming is present with Alex Murdaugh acting as his attorney in this third SLED interview. Fleming is under indictment for direct involvement with Murdaugh's many, many financial crimes.
  • Comment


08:20

Court in short recess as state prepares to play lengthy interview recording of Murdaugh's 3rd meeting with SLED.
  • Comment


08:17

August 11, third SLED interview with Alex Murdaugh at SLED regional office in Walterboro. (Aug. 11 is the same day the 14th Circuit Solicitor's Office recused itself from involvement with the investigation, due to ties with Murdaugh and his family.)
  • Comment


08:15

Owen recalls how it was Alex who on three different occasions the night of the murders brought up the boat case: First in 911 call, then to Colleton County deputy, then to Owen in first interview.
  • Comment


08:15

So Owen started collecting DNA from people who were at the house the night of the murder, then moved to people who were on the boat or connected the boat case.
  • Comment


08:14

Meadors asks Owen about multiple DNA swabs taken from people. Owen says he was generally aware of boat crash case at the time of the murders (catastrophic event for the family). Knew that was a big deal, and needed to be addressed.
  • Comment


08:13

August 3rd, Murdaugh returned, called Owen to set up interview.
  • Comment


08:12

Late July 2021, Alex called and asked if he could get his SUV back. Owen said no, but allowed Alex to get belongings from SUV (golf clubs to go on vacation with Maggie's family). Owen said Alex also had questions about the investigation he wanted to ask, and Owen said he wanted to ask Murdaugh more questions as well. Met in person July 28. Decided Murdaugh would go on vacation, they'd schedule something when he got back.
  • Comment


08:10

Owen said he verified Maggie Murdaugh had been to the doctor in Charleston the day of the murders, wearing the same clothes as she was found dead in. Normal visit for Maggie, the doctor said.
  • Comment


08:08

Owen recalls speaking with Marian Proctor, getting search warrants for Maggie's vehicle. Later recalls SLED searching the Murdaugh land plus ponds and waterways on the property. Also searching the Little Salkehatchie and Salkehatchie rivers, which are nearby. .300 Blackout shell casings recovered.
  • Comment


08:06

Owen recalls doing logical extraction of Murdaugh's phone files on June 10 (photos, videos, texts, call history -- surface level files).
  • Comment


08:05

Owen: Murdaugh was clear in first and second interview he hadn't been down to the kennels before going to visit his mother in Almeda that night.
  • Comment


08:04

Owen is sure Alex was of clear mind, not under the influence during second interview.
  • Comment


08:03

June 10: Second interview with Murdaugh. Proper interview. Allowed for "memory reset," clearer recall. Voluntary interview by Alex. Agent Jeff Croft and attorney Jim Griffin present.
  • Comment


08:01

Owen recalls his agents telling him about interview with Rogan Gibson, who said he had been on the phone with Paul about a dog, heard voices in the background, 99% sure it was Alex's voice in the background. (Rogan later was played the video Paul was supposed to send and said he was 100% sure it was Alex).
  • Comment


08:00

Next day, SLED sent Colleton County to Moselle Road to look for home security videos. Not many found, the ones that were proved useless. So dark, couldn't see make, model or license plates of vehicles.
  • Comment


07:58

Owen recalls other agents interviewing Paul's friend Rogan Gibson.
  • Comment


07:58

Interviewed Claude Rowe the day after the shooting after Alex telling the story of Paul saying Rowe told him he was a former FBI assassin. Rowe had an alibi that checked out, taking his father to the doctor in Mount Pleasant.
  • Comment


07:57

Owen testifying the scene around the bodies was very bloody, very gruesome. More blood remained around Paul due to water on concrete, most of the blood around Maggie had pooled under her body or soaked into the ground.
  • Comment


07:55

Owen says Paul's phone was dead when they collected it. Turned out to be a significant piece of evidence.
  • Comment


07:55

Reminder that one of Paul's friends testified last week (Nathan Tuten I believe) testified Paul liked to keep his phone in his back pocket.
  • Comment


07:54

Owen discussing evidence collected at crime scene and around the property and home. Meadors asks about Paul's phone. Owen recalls the phone lying on top of Paul's right buttock on top of his pants. Owen recalls Murdaugh telling him Paul's phone popped out of his pocket when he tried to turn him over to check his pulse after discovering the body, picked it up and thought of doing something with it, but thought better of it and set it back down.
  • Comment


07:50

Owen says once inside the house, there was no evidence of a scuffle, fight or forced entry. Murdaugh had mentioned trying to call Paul's friend Nolan Tuten, so Owen located Tuten inside the house and took him aside to interview him in his car.
  • Comment


07:48

Asst. AG John Meadors asks Owen about reaching over and patting Alex on the shoulder to console him during the first interview. Owen says "That's just who I am."
  • Comment


07:44

Owen is opening boxes of evidence containing Murdaugh's clothes.
  • Comment


07:41

Buster arrived, interview ended. Alex allowed to go be with his son. 15 minutes later, Owen went to the house, asked for Murdaugh's clothes. Watched him disrobe, and took control of Murdaugh's green shorts, white T-shirt and tennis shoes.
  • Comment


07:39

Owen recalls nothing out of the ordinary on Murdaugh's clothes or with his appearance.
  • Comment


07:38

Interviewed Murdaugh in his car with CCSO Det. Laura Rutland and Murdaugh's lawyer Danny Henderson. Owen says Murdaugh didn't appear to be under the influence of any drugs or alcohol, no trouble answering questions or communicating.
  • Comment


07:36

Owen says he knew Alex Murdaugh was on scene with family and law partners, knew Alex had reportedly discovered bodies and made 911 calls. Every death investigation is treated as a homicide (death by another person) until determined otherwise, so it was paramount to speak to Alex Murdaugh as he was the first person on scene.
  • Comment


07:33

Owen began by surveying the scene outside the crime scene tape, talking to people to learn more about what had happened so far, any statements, evidence, etc. Knew not to go into the crime scene until his crew arrived.
  • Comment


07:31

Owen says SLED assisting local law enforcement is common.
  • Comment


07:31

Owen was on-call the night of June 7, 2021. He was in bed around 10:30 p.m. when he got the call for two dead people in Moselle community, near Islandton, Colleton County. Arrived at scene, spoke with Colleton County and his agent on scene. Paired with Detective Laura Rutland from CCSO.
  • Comment


07:27

Next on the stand for the State, SLED Special Agent David Owen, the lead investigator on the Murdaugh case.
  • Comment


06:55

Court will recess for 15 minutes to allow the State to prepare for their first witness of the day.
  • Comment


06:53

The court laughs when the decision is made and the jury isn't expected back for another half hour.
  • Comment


06:52

Newman makes a point to say this roadside shooting evidence will NOT be admissible at this time, but anything could change further down the line.
  • Comment


06:52

Newman says the court needs to have guardrails and can't include everything.

He agrees with the defense that it would be admissible perhaps in a trial about the financial crimes.
  • Comment


06:51

Judge Clifton Newman says this shooting is not evidence of motive, but more toward common scheme or plan. It does not survive the logical relevancy test and it goes more towards showing a pretense to commit violent acts.

"I believe to allow this evidence is a bridge too far"
Updated: 07:18
  • Comment


06:50

Waters said if the shooting was a scheme, it was created after Alex realized he wasn't dead.
  • Comment


06:48

Waters tries to distinguish the desire for sharing this roadside occasion. He says again, the State wants to use it as evidence of Alex's lying and state of mind at the time, NOT to get into the workings of the assisted suicide attempt itself.
Updated: 07:18
  • Comment


06:46

Dick is saying the suicide attempt is supportive evidence for getting out of the financial crimes, rather than the murder.

Dick says Alex would have killed his other son Buster if he really wanted to distract people more.
Updated: 07:19
  • Comment


06:45

Dick Harpootlian arguing the other side.

"All this is linked to is the financial crimes, not the murder," he says.
  • Comment


06:43

Waters doesn't want to spend a lot of time on the attempt or what exactly happened there. He says the point is to prove Alex was lying about what happened- which he feels is relevant to the murder trial.
  • Comment


06:42

Waters: "We think its very admissible as clear and convincing evidence."
Updated: 07:20
  • Comment


06:41

To make that claim about being targeted, that than causes people to assume he's in no way responsible for Moselle, Waters said. This evidence contributes to the "perfect storm" Waters has been referring to- all the motives the State is setting up as the reason Alex killed his wife and son.
  • Comment


06:39

Prosecutor Creighton Waters is making an argument for why the botched assisted suicide assist should be admissible.

"It really doesn't matter what happened on the side of the road... (using it) is to show what the defendant said about it and that wasn't true."

  • Comment


05:37

Court begins at 9:30 with an in-camera motion hearing over admissibility of evidence and testimony related to the Sept. 2021 roadside shooting involving Alex Murdaugh, later revealed to be a botched assisted suicide attempt.

 
2/15/23 LIVE TRIAL BLOG --cont. (after lunch recess).


14:32

Court will resume at 9:30 Thursday. Court is scheduled to adjourn early at 4:30 tomorrow.
  • Comment


14:32

State has no further questions for Grubbs. With jury dismissed, Judge Newman announces he's reversing his decision from this morning about the roadside shooting evidence and testimony, and allowing it all to come into the trial in the interest of fairness, noting that the defense opened the door to all of it through its questioning of David Owen about Eddie Smith.
  • Comment


14:30

Grubbs moving now to Maggie's phone timeline based on data gathered from her phone. Notes several orientation changes on Maggie's phone after 8:53 p.m. Phone locked from this time forward. Camera activation briefly. Snapshots of apps closing in the background. Siri activation. Screen turned off at 9:07 p.m. Turned back on at 9:31 p.m. If Maggie's phone were thrown between 9:07 and 9:31 p.m. with the screen locked and off, Grubbs says the version of iOs Maggie's phone was using wouldn't have recorded an orientation change.

14:24

Grubbs notes it's very likely anyone who would've picked up Paul's phone and the screen came on would've seen the notification for the text from Rogan Gibson. Grubbs notes there's a number of reasons why the screen came on at 10:18. Someone could've picked up the phone or tapped it. It's possible a phone could be picked up and not record a screen orientation.


14:21

Talking about the backlight of Paul's phone activating. Night of the murders, Paul's phone backlight didn't activate between 9:49 p.m. and 10:18 p.m. It activated three times between 10:18 and 10:34. John Conrad notes Paul got a text in the 9 p.m. hour from Rogan Gibson. No phone backlight activation at that time.
  • Comment


14:18

Grubbs says Paul's phone battery died four times in the week of the murders, including June 7. Usually plugged it in to charge a few minutes later. Paul also would generally let his phone battery get very low before plugging it in to charge on times when it didn't die


14:15

Grubbs analyzed Paul Murdaugh's phone, battery habits and shutdown times.
  • Comment


14:15

Now on the stand for the state, David Grubbs. A South Carolina Attorney General's Office cell phone data forensics expert.
  • Comment


14:13

Griffin ends by pointing out a discrepancy of three days between Shelly Smith's sworn testimony on the date she saw Alex come in with the blue jacket and when SLED determined that would've been.
  • Comment


14:11

Griffin in re-cross has Owen concede they never went and searched Almeda that night because Alex was not a primary suspect the night of the murders (even though he has explained multiple times how Alex was always in "the circle" of potential suspects.


14:09

Meadors, slamming fist on edge of witness stand: "Did he ever mention anybody else that could've done this -- who could've been involved with -- who could've killed my -- my wife and my son from June 7, 2021, until September of 2021? Did he ever mention anybody else?"
Owen: "No he did not."

  • Comment


14:06

Meadors calls out Dick Harpootlian for laughing after the question about Almeda.
  • Comment


14:05

Meadors has Owen note how Alex and none of the lawyers there at Moselle the night of the murders never mentioned Almeda and going to search there, despite Griffin's characterization everyone had been bending over backward to help.
  • Comment


14:04

Owen notes there was no evidence to his eyes on Alex that Alex had ever touched Paul to turn him over.
  • Comment


14:02

Meadors reviewing Owen's grand jury testimony now, and how he told them about so much more than just the guns, including the details about the dog kennels and phone calls with his voice in the background, how Alex stood to come into money from Maggie's death through probate, how Alex's statements in the August interview (saying he wasn't sure Maggie wasn't coming home) conflicted with what Maggie told people about Alex summoning her home.
  • Comment


13:57

Meadors asks Owen about the blue rain jacket. Meadors recalls how defense asked Shelly Smith about how long it had been in the closet, and Griffin suggested it could've been there 5 or 10 years. Meadors has Owen clarify when Smith told SLED she saw Alex walk in the mother's house with it or something similar. Owen said it was only seven days after the murders, the day after Randolph's funeral.
  • Comment


13:54

Meadors brings up the cooler again. Owen notes how CB Rowe told investigators there was a cooler out near the kennels the day after the murders that wasn't usually there. Meadors suggests that cooler may be gone now. Owen doesn't recall ever seeing it again.
  • Comment


13:53

Meadors asks Owen why the timeline on the trip to Almeda is so important, and if hiding guns might be a reason for someone to have a contradictory timeline. Owen says it wouldn't take someone familiar with a property very long to hide guns on a place like that. (Owen noted earlier in response to a Jim Griffin question in cross exam how Alex's SUV location data showed he parked far away from the house near a work shed when he first arrived).
  • Comment


13:49

Meadors has Owen note there were several contradictions in Alex's story, and that Alex talked to both Blanca Simpson and Shelly Smith to get his story straight.
  • Comment


13:47

Meadors notes Maggie's blood was found on the gun Alex had at the scene, and firearms examiner wasn't able to exclude the gun as the one that fired the shots that killed Paul. Meadors also has Owen note how a drop of Maggie's blood was found on the steering wheel of Alex's SUV.
  • Comment


13:46

Switching gears now to forensic evidence. Meadors has Owen concede wet or bloody clothes or a gun could've been stored inside a cooler to avoid leaving trace evidence.
  • Comment


13:43

While talking with Alex in Savannah, Alex never mentioned anybody's name, but gave a sketch artist a description. Never mentioned Eddie Smith. Owen recalls SLED eventually through their own investigation developed Smith as a subject involved in the roadside shooting, and other agents interviewed Alex who admitted he'd been lying about the roadside shooting. But Alex never brought up to Owen personally anything about Eddie Smith or any other potential suspects.
  • Comment


13:38

Meadors asks how it came about that Murdaugh told SLED about Curtis Edward Smith. (Griffin objects to this question, Newman overrules). Owen notes how on Sept. 4 2021 Randy Murdaugh called him saying Alex had been shot alongside Old Salkehatchie Road in Hampton County, and the family was concerned for Alex's safety. Alex was taken to a hospital in Savannah. SLED agents went down to talk to him.
  • Comment


13:36

Owen says Alex never mentioned any other specific potential suspects. Didn't bring up gangs. Didn't bring up Curtis Edward Smith until Sept. 24 2021.
  • Comment


13:35

Owens agrees with Meadors when confronted about the blue shirt in the Snapchat video, Murdaugh didn't volunteer to produce it right away. And Owens agrees with Meadors Blanca Simpson told her Alex came to her after that August 11 meeting to try to instruct her on what shirt he'd been wearing.

13:32

Meadors notes Owen told Murdaugh in the August 11 interview the murderer(s) used a family owned gun, and Alex asked him "How'd they get it?"


13:31

John Meadors in redirect now, immediately clarifies that despite no murder weapon, SLED firearms analyst confirmed the shell casings near Maggie's body and others on the property had been in the same gun at some point.
  • Comment


13:30

Owen says it was his understanding that they firearms lab at SLED they couldn't 100% say which firearm the shell casings from ammo used to kill Maggie had been fired from without the state producing the murder weapon to test it against

13:28

Griffin asks Owen if he had heard Eddie Smith might've been skimming money from what Alex was giving him thus getting Alex in trouble with the gangs by making them think he was shorting them. Owen is unaware of that.
  • Comment


13:25

Griffin asks why didn't Owen, the lead case agent, not get the report about his own lab's hematrace blood testing until November 2022? Owen says he simply never got the email notifying him the report was ready.
  • Comment


13:23

Griffin back in cross exam. Owen notes the potential muddy shoeprint on the back of Maggie's leg was mentioned to Dr. Ellen Riemer, but he says Riemer told him it didn't look someone stood on the back of Maggie's leg, even though she apparently did note a bruise. This is somewhat contradictory to what Riemer said in her testimony.
  • Comment


13:18

Before Griffin resumes cross-examination, Meadors says he believes the door has been opened to admit testimony and evidence about the roadside shooting in Sept. 2021 as it relates to Eddie Smith, who Griffin mentioned by name. Judge Newman says he tends to agree with Meadors, but now is not the time to bring that up in the middle of Griffin's cross examination.
  • Comment


13:09

Court is in recess for a break.
  • Comment


13:09

Owen said they did geofencing to analyze if other phones had come onto the Moselle property the night of the murders, but the only other phones identified were first responders. Griffin asks if any DNA samples were taken from any gang members to determine if they were suspects. Owen says that's an ongoing investigation from the drugs aspect.
  • Comment


13:07

Part of financial investigation and Alex's money stealing was to support a drug addiction. Paying Curtis Edward Smith up to $50K a week for drugs, and Eddie Smith was buying the drugs from the SandHill gang, an affiliate of the Cowboys gang. They learned Eddie owed the gangs a lot of money for the drugs sold to Alex, per Owen, but the gangs weren't worried about it because they knew they would get paid.

13:03

Owen said he found it significant Alex couldn't recall how long Paul and he had ridden together.
  • Comment


13:01

Owens concedes one of the most difficult details for people to remember is time. People make mistakes and time is one of the most frequent ones. Griffin brings up the timeline of Alex and Paul riding around, and the fact Alex drove straight to Almeda from Moselle, stayed 20 minutes and left.

12:55

Owen notes how he lied when he told Murdaugh all the shotguns at his house were found loaded with buckshot and birdshot the same way the murder weapon used on Paul would've been. Owns says that's not exactly true, but he says he's allowed to use trickery to illicit a response. But Griffin points out how in his county grand jury testimony used to secure indictments, Owen repeated the same basic line indicating the shotguns all had been loaded the same or similar way.
  • Comment


12:49

Owen doesn't recall what Alex put on after changing cothes to hand over his t-shirt, shirt and shoes the night of the murders. He can't say if it was khaki pants. Griffin reminds jury khaki pants were found in the bathroom the morning after the murders by Blanca, and SLED never collected those.



12:48

Griffin brings up how the report from the bloodspatter expert presented in part to the Colleton County Grand Jury for the murder indictment said bloodspatter likely from Maggie and Paul was found on the t-shirt. Owen agrees he now knows that's incorrect information he gave to the grand jury based on what SLED's own hematrace testing found.
  • Comment


12:45

Griffin asks if he ever heard about another man's DNA being found on Maggie's fingernail clippings. Owen says his understanding it was only one allele and not enough to test. Griffin says the DNA just testified in court a few days ago she found three alleles of DNA on Maggie's fingernails, not one. Owen insists he only ever heard about one.
  • Comment


12:43

Griffin notes SLED sent that shirt to the out of state expert for testing having overlooked the fact their own internal hematrace testing on the shirt found it had been negative for human blood, Owen says he didn't know that was the case until November 2022.
  • Comment


12:41

Griffin says SLED was more concerned with the clothes Alex was wearing the night of the shooting, the white t-shirt. Notes how they sent it to a high-velocity blood spatter expert for testing out of state, and the expert supposedly found blood spatter on the shoulders and front around the collar. But Griffin has Owen concede they haven't shown the t-shirt in court because it's completely purple now from being treated with LCV spray.

12:38

Griffin asks if he ever heard about another man's DNA being found on Maggie's fingernail clippings. Owen says his understanding it was only one allele and not enough to test. Griffin says the DNA just testified in court a few days ago she found three alleles of DNA on Maggie's fingernails, not one. Owen insists he only ever heard about one.
  • Comment


12:43

Griffin notes SLED sent that shirt to the out of state expert for testing having overlooked the fact their own internal hematrace testing on the shirt found it had been negative for human blood, Owen says he didn't know that was the case until November 2022.
  • Comment


12:41

Griffin says SLED was more concerned with the clothes Alex was wearing the night of the shooting, the white t-shirt. Notes how they sent it to a high-velocity blood spatter expert for testing out of state, and the expert supposedly found blood spatter on the shoulders and front around the collar. But Griffin has Owen concede they haven't shown the t-shirt in court because it's completely purple now from being treated with LCV spray.
  • Comment


12:38

Owen agrees Alex and the family gave them carte blanch to search the property and everything, ask questions. Always got consent, everything asked for was provided. But at no time prior to August did they ask about the blue shirt and khaki pants, and to this day haven't asked him to produce those clothes. Owen confirms.


12:35

Owen says it's fair to say Blanca told them after the August interview Alex came to SLED saying Alex had questioned her about what he was wearing the day of the murders.
  • Comment


12:34

Owen had the Snapchat video by early July. Showed it to Alex in August 2021 interview. Alex noted in interview he doesn't remember when he changed. Same interview: Owen asked Alex if he killed Maggie and Paul and told him he was a suspect.

Griffin asking Owen about the Snapchat video and the blue shirt and khakis Alex was wearing.
  • Comment


12:31

Owen says no trace evidence of blood found in the showers or anywhere in the house at Moselle.
  • Comment


12:30

Griffin notes inconsistencies in Shelly Smith's testimony about the blue tarp / blue rain jacket, what she saw and when she saw it. Notes there was gunshot residue on the jacket, but no blood, no DNA. No wet spot as if he'd rinsed off the jacket and then put the guns inside.


12:27

Griffin: OnStar data shows Alex's SUV never went to the kennels before he went to Almeda. No gunshot residue in the vehicle. Two drops of blood, one with Maggie's DNA. So can we conclude there were no guns ever in Alex's vehicle the night of the murders?
Owen: Unless they were wrapped up in something.

They bring up the blue rain jacket.
  • Comment


12:24

Griffin: Alex was in the circle (of potential suspects) and he'd been to Almeda, right?
Owen: Yessir.
Griffin: And no one went to Almeda to look for guns or blood or bloody clothes, did they?
Owen: Not that day, no sir.
Griffin: Would you agree that was an opportunity missed?
Owen: For Almeda, yes.
  • Comment


12:21

Griffin notes Rogan Gibson the morning after the murders told SLED he was 99% sure he heard Alex on the phone with Paul and Maggie at the kennels the night before. Owen says he wasn't able to follow up on the discrepancy right away because he needed to firm up a timeline from Alex first.
  • Comment


12:19

Owen says they didn't know what the murder weapons were to even know what to look for the night of the murders. Griffin counters Colleton deputies identified a .300 Blackout the same night and told SLED. Owen said he still has to have his crime scene team verify that for themselves.


12:17

Owen says no search of Almeda was done until September months later. Griffin notes Alex told them about Almeda that night, and had given SLED carte blanch to search property. Griffin says prompt search of Almeda could've excluded Murdaugh or shown he was involved. Owen says he had no probable cause to search Almeda that night. Griffin calls it a missed opportunity, but Owen disagrees.
  • Comment


12:15

Griffin introduces fact GM OnStar data shows Alex's vehicle never stopped between Moselle and Almeda.

12:14

Owen agrees Murdaugh would've had to dispose of the murder weapons on the Moselle property, somewhere along the drive, or on his mother's property in the Almeda community. Moselle searched the next day. No murder weapons found. Search of route to Almeda (including waterways) revealed no weapons.


12:12

Owen confirms the timeline of the murders is between 8:50 p.m. and 9:06 p.m. Murderer or murderers would've had AR15 rifle and 12 gauge shotgun in their possession at the time, and likely been covered in some amount of the victims' biological matter from the murders.
  • Comment


12:07

Jim Griffin now in cross examination for the defense.
  • Comment


12:06

Owen says there were no other credible criminal leads that led to any other suspects except Alex Murdaugh throughout the duration of the investigation. SLED and local law enforcement followed up on all leads, including social media rumors.
  • Comment


12:05

Owen notes information has continued to be gathered through this past weekend, referring to GM data delivery on Alex's SUV.
  • Comment


12:04

Full extraction of Paul's phone didn't happen until March 2022. That reveals the video on Paul's phone at 8:44 p.m. night of June 7 at the kennels. Owen says to his knowledge, nobody else in the world knew that video was on Paul's phone as of the time of its discovery.
  • Comment


12:02

Now switching gears to phones. Full extraction from Maggie's phone on June 8. Logical (surface) extraction on June 10, then full extraction in September. Gained some information that was able to be compared to logical extraction in June, but memory had been lost over time due to nature of phone internal computer system. However, some call logs had been manually deleted.
  • Comment


12:00

Multitudes of search warrants still outstanding as of August-September 2021.
  • Comment


11:59

Owen: Financial investigation opened on Alex in the fall of 2021, overlapping and even feeding off each other. Gave him additional people to look at and consider (including Murdaugh) as suspects. Heard grand jury testimony about some things and followed up.
  • Comment


11:57

Inconsistency: Rogan Gibson said he heard Alex in the background on the phone at the kennels. But Alex said repeatedly that he never went to the kennels, stayed at the house and took a nap.
  • Comment


11:56

Other inconsistencies: How much time he was riding around with Paul. First about an hour, then an hour and a half to two hours.
  • Comment


11:55

Owen says the times Alex gave him were the most outstanding inconsistencies to him. Visiting his mother: a little while, then changed on June 10 to 25-30 minutes, then third interview was 45 minutes to an hour.
  • Comment


11:54

Owen notes several concerning inconsistencies over a period of time with Alex's story.
  • Comment


11:53

A few months after the interview, Owen says Blanca Simpson reached out to them with information about a conversation they'd had about the shirt he was wearing that day.
  • Comment


11:52

Video over. Owen now answering questions for John Meadors. Owen says as of the conclusion of this interview, Aug. 11, 2021, Alex was the only known suspect, and the case was transferred from the 14th Circuit to the S.C. Attorney General's Office.

  • Comment


11:50

Owen: With everything we've talked about -- the family guns, the ammunition, nobody else's DNA -- I have to put my beliefs aside and go with the facts.
  • Comment


11:49

Owen: "Did you kill Maggie?"
Alex: "No! Did I kill my wife? No, David."
Owen: Do you know who did?
Alex: No, I do not know who did.
Owen: Did you kill Paul?
Alex: No, I did not kill Paul?
Owen: Do you know who did?
Alex: No, I do not know who did. ... Do you think I killed Maggie?
Owen: [Gestures he's weighing it as an option] I have to go where the evidence and the facts take me.
Alex: I understand that. Do you think I killed Paul?
Owen: I have to go where the evidence and the facts take me, and I don't have anything that points to anybody else at this time.
Alex: So does that mean I'm a suspect?
Owen: Like I told Cory earlier, you're still in this.

  • Comment


11:45

Murdaugh says there's a bunch of untrue rumors about him trying to "fix" the boat wreck, but he's being very careful not to talk to people about things related to all this knowing SLED needs to talk to them too. Owen says the friend who called Murdaugh about 6 weeks before the murders has given SLED "some" information. Owen said people will talk on the street, but won't talk to them. Alex says he'll have someone talk to that friend and tell them to cooperate.
  • Comment


11:42

Owen asks Murdaugh again about the boat crash, and if the Murdaughs had any confrontations with anyone involved recently, or if they'd heard anything in the community. Murdaugh says again family friend called him about 6 weeks before the boat wreck, and said she'd heard something "so over the top he didn't pay it much attention."
  • Comment


11:39

Owen now playing Alex the Snapchat video from Paul's phone of Alex messing with the tree that had bent over. Alex says he recalls that interaction now, and Paul was laughing at him because of the great lengths Alex had gone to trying to save that tree and get it back upright. Alex says he can't recall if the video was taken that night. (Alex testified earlier he hadn't seen Paul since Friday).
  • Comment


11:34

Alex says one of the fathers of another kid in the boat wreck (and possibly son himself) that they were going around telling people they can't be friends with them if they're still going to be friends with the Murdaughs.
  • Comment


11:33

Owen asks if others in the case are pissed off with more motive thinking "Paul's gonna get away with this."
  • Comment


11:33

Alex says he doesn't mind talking about it. Says it's making progress, but unresolved. Not in initial stages by any means.
  • Comment


11:32

Resuming court now. Video playing again. Owen begin asking Alex more about the boat crash. He says he can't exclude the boat incident and those involved. He asks Alex how things were going, and if things had been breaking down. Cory Fleming advises he doesn't think Alex should be talking about the boat case to SLED without his boat case lawyers present.

 

2/16/23: LIVE TRIAL BLOG -- DAY 19, am

10:06

Court in recess for lunch. Judge Newman has appointed a foreperson for the jury.

10:05

Re-cross by Dick Harpootlian. He pulls out the shotgun again, has co-counsel Phil Barber stand in as Paul, and points the gun at Barber in the odd angle at which the evidence suggests the fatal shot came from.

10:03

Kinsey notes how nothing in his back and forth with Harpootlian changed his opinion about what happened at the crime scene. The fatal shot was fired at an upward angle of ~135 degrees.

10:02

Kinsey reiterates shell casings wouldn't be thrown 30 feet, and they were concentrated around the outside of the feed room (again indicating Maggie's killer was close).
Kinsey agrees with Waters how death scenes can be fluid, people moving and changing position at any given moment.

10:00

Kinsey notes there were no other ATVs at the crime scene with tires like the one next to Maggie's body to explain the muddy tread mark on her leg.

09:58

Creighton Waters now doing redirect for State with Kinsey.
Kinsey says all his conclusions were his own and nobody told him what to arrive at or say.

09:57

Harpootlian has Kinsey clarify the impression on the back of Maggie's leg was caused by mud on the ATV tire near her body, or a tire just like it.

09:56

Kinsey notes both Maggie and the shooter could've been moving. The only data was the similar angle of the thigh wound and stomach wound with stippling. That leads to the reasonable conclusion the shooter was close to her.

09:53

Moving back to Maggie, Kinsey says he found no data that could tell him exact location of the shooter.

09:52

Based on the large spread of the wound Paul suffered on the second shot, the gun wasn't parallel (shouldered), resulting in the more oblong, spread-out wound path of the shotgun pellets. Kinsey also noted however, that the angle doesn't support the shooter being several yards away at the time of the second shot.



9:50

Going back to Paul, based on shotgun knowledge, at 3 feet and shooter facing target at parallel angle to ground, the spread of the shot would be around 1-1.75 inches based on the constriction of the gun barrel (choke).

9:47

Moving to Maggie's wounds, Kinsey says it's hard to say how the shooter was moving around while firing the gun, but he believes the gunman was within 4-5 feet of Maggie.


09:45

Kinsey says the height of the entrance wound on Paul's shoulder from the second shot would've been about 4'3" from the ground.

Harpootlian seems to be suggesting if the murder weapon on Paul was the missing Benelli shotgun like the one he used for demonstration today (with a long barrel) as the State has suggested, and for there to be no stippling from the shotgun blast to indicate extreme close quarter, it means the shotgun would be potentially farther away than the State's theory suggests?


9:38

However, Harpootlian points out there appeared to be no stippling on Paul from the second fatal wound. Kinsey has no explanation for that. Shooter could've backed away, could've been crouching, could've been holding the gun low and squatting. Kinsey can't explain it without having been there.


09:33

Using the Benelli shotgun to demonstrate the first shot inside the feed room, they determine the end of the gun barrel easily could've been within 3 feet, explaining the stippling on Paul from the first shot.


09:30

Kinsey affirms whomever was holding the shotgun for the fatal shot to Paul was holding the gun at a very low angle, not shouldered like a long gun normally would be. Kinsey can't say why that would've been the case, but the evidence supports it.


09:27

Harpootlian is having Kinsey use an actual shotgun to demonstrate the angle of the fatal shot to Paul.


09:26

Kinsey and Harpootlian are going through a really protracted (pun intended) demonstration and haggling session over the angle and location of the fatal shot to Paul.
Kinsey: "I've got a feeling you're fooling with me, Mr. Harpootlian."
Harpootlian: "You've got that feeling?"
Kinsey: "I've got that feeling."
(More chuckles from the courtroom)


09:23

Kinsey concedes the entry wound height of the fatal shot on Paul was about 4'7" from the ground, at a trajectory angle of about ~135 degrees (130-140) upward from the barrel toward the top of the door where blood, biological material, bullet defects where discovered.


09:19

Harpootlian calls Kinsey down to demonstrate angle again using a protractor. Harpootlian: "I hadn't touched a protractor in 50 years, and I've used one twice this week." Kinsey walks up with his own protractor. Harpootlian: "Oh, you walk around with one?" (Another big laugh from the courtroom).


09:18

There's some discrepancy over Paul's height. Kinsey says driver's license said 5'6", but Dr. Riemer's autopsy noted 5'9," he split the difference for his purposes.


09:16

Kinsey and Harpootlian are discussing the gunshots to Paul. Kinsey concedes he can't get an exact scale for everything or exact location of Paul in the room. He believes Paul's head and shoulders were slightly outside the feed room door when the fatal second shot occurred.


09:13

Harpootlian asks what should he call Kinsey based on his qualifications. Kinsey says Harpootlian can call him whatever he likes. Harpootlian: "You may regret that." (Big laugh from the courtroom.)


09:12

Dick Harpootlian in cross exam for the Defense. Notes how he and Dr. Ken Kinsey have a history together, and he even called Kinsey to be a witness for him on cases when he was a prosecutor.


08:50

Court in recess for morning break.


08:49

Kinsey notes AR15 rifles (including .300 Blackout) are very loud, much louder than a shotgun, he is an avid hunter and shooter but cannot shoot them without ear protection.


08:48

Kinsey says in his opinion there's little evidentiary value in swabbing or analyzing the sinks, showers and tub drains for blood, bodily fluid and DNA when there's no known outside suspect because the members of a household are frequently depositing their own bodily fluid and DNA in sinks and drains. It would be hard to say when it was deposited.


08:44

Kinsey now reviewing Paul's phone being located on his butt. He believes there's not a reasonable way that phone winds up there except by being placed there.


08:42

Kinsey notes the first two shots Maggie suffered could've come from the direction of the feed room. It's certainly a possibility, he says. Backing up, he believes Maggie was not run over by the tire, but the back of her leg came in contact with it at some point before her death.


08:40

Kinsey compares to the tire tread to pattern in the mud and notes mud on the tires. Whoever drove the ATV last drove through mud and mud was transferred to Maggie's leg in tread outline through contact with tire.


08:37

Kinsey in his expert opinion believes the impression on Maggie's leg was a tire tread impression from the ATV. A peer reviewed his work, and agreed with his conclusions.


08:29

Kinsey says he compared the impression on Maggie's leg to the tire tread on the ATV.


08:24

Kinsey says he noted biological material on the tire and front end of the ATV. (We learned earlier in the case SLED never tested that biological material to determine DNA or human blood vs. animal blood.)


08:22

Now to the unknown impression on Maggie's leg. Kinsey notes there was an ATV located very close to Maggie's body to the left of where her body was located.


08:21

First, Kinsey notes the blood staining on the back of Maggie's thigh indicates the blood ran straight down, meaning she remained standing upright for a time after the shot hit her leg.


08:20

Kinsey now reviewing with Waters the much discussed "impression" on Maggie's left calf, which has been suggested by the Defense to be a possible shoe print the crime scene investigators missed an didn't analyze at the scene.


08:18

Now moving on to Maggie Murdaugh's injuries. He says she suffered three non-fatal gunshot wounds, two fatal. Two very close range wounds (with stippling) coming right to left (from Maggie's perspective). First entered her right abdomen, exited her left lower back near kidney. Second entered right side of her left upper thigh, exited left side of lower left thigh. Kinsey believes Maggie fell to the ground at some point, or doubled over at the waist. Third wound was to wrist, possibly a precursor to fourth wound which grazed along her abdomen, through her breast, up into her jaw and into her brain. She would've collapsed immediately to the ground from her hands and knees. The way her body was found with her arms trapped underneath her supports this. Final wound indicated the shooter was in front of Maggie's body, where she may have been showing signs of life but was essentially dead and unable to move. The shooter shot down into the top of the back of Maggie's head, the bullet exited the base of her skull, and the bullet reentered her body around her shoulders.


08:08

Kinsey using a dowel rod and Waters as models, shows he believes the second shot came up at Paul from a low angle, with the gun located waist high or lower.


08:07

Now Kinsey says he believes Paul would've been favoring his left arm and shoulder after the first shot as he moved toward the feed room door, with his arm and shoulder drooping downward (as opposed to a flat, 90 degree angle of a normal person walking)


08:05

Kinsey is confident the shooter was just outside the door on the second shot to Paul.


08:05

Kinsey now discussing difference between buckshot and birdshot. Buckshot: large pellets, small number of them. Birdshot: small pellets, large number of them.


08:04

Waters, countering points the defense tried to make with Riemer, asks Kinsey if he thinks Paul could've been shot from the top of the head, or if Paul could've committed suicide. For the top of the head, Kinsey says there's no blood pattern evidence suggesting a top-down shot. The shooter would've needed to be on the roof, and the angle of the blood spatter doesn't support that. As for the suicide prospect, Kinsey says he sees no possible way based on the angles of the shots and lack of evidence of "contact" wound (meaning the gun barrel was directly against his skin) indicate there's no way it could've been a suicide.


08:00

Kinsey notes the door to the feed room is only 6 feet high (72 inches). The angle of the shot he suggests puts the height of the gun barrel at only about 3.5 feet off the ground. The shooter would've been right outside the door.


07:55

Kinsey narrating this photo, which shows his approximation of the trajectory of the second shot to Paul's head, based on Paul's height and other facts. The green cone in the photo is the representation of the shotshells path to, into and through Paul's body. Kinsey's estimation seems to contradict Dr. Ellen Riemer's hypothesis that the fatal shot to Paul came in at a more flat angle and that his head might've been tilted to the side.



07:50

Kinsey says the second shot to Paul was immediately fatal. Once he received the shot to the head, he ceased all voluntary movement.


07:47

Kinsey says the shell was ejected inside the feed room on the first shot, meaning most of the gun was inside the feed room with Paul when it was fired -- extremely close range (supporting previous testimony by Dr. Ellen Riemer saying she found "stippling" from unburnt powder abrasions on Paul at the wound site, which only occurs inside about 3 feet.)


07:45

Kinsey notes the entrance wound on Paul's chest was oblong, suggesting the shot came in from Paul's side.


07:41

Kinsey says there was no way Paul's arms were up when he was shot. There were only 9 buckshot pellets, yet Paul had over 20 entry and exit wounds in his chest, armpit and arm.


07:39

Kinsey says Paul was about 5 feet inside the 10-foot-long feed room when he was shot. Blood drops indicated 90-degree droplet pattern, indicating the drops of blood dripped straight down, meaning Paul stood still where he was shot for a few moments, then (based on the blood trail) slowly moved toward the door.


07:38

Kinsey concludes Paul was shot in the chest first while standing in canted (angled sideways) in the feed room with his right shoulder toward the door. Most of the 00 buckshot pellets went into his chest through the muscle and tissue, exited under his left armpit, went into his left arm, and most of the pellets exited out the back window of the feed room.


07:33

Kinsey reviewed Moselle murder crime scene at SLED's request. Examined forensic reports, photos and measurements in case. Went out to the scene in late 2022 to take a fresh look himself and take own measurements to come up with his own objective conclusions.


07:32

To be clear, Kinsey is qualified as an expert witness in
Crime scene exam & reconstruction
Fingerprint exam
Footwear exam
Tire tread exam


07:30

Backing up, Kinsey noted a few moments ago he often works for and against law enforcement in his role as a crime scene specialist where he's called in from the outside.

Harpootlian interrupts Creighton Waters and Ken Kinsey going over his background, Harpootlian says he'll concede to Kinsey being qualified as an expert witness if Waters will just get this over with.


07:23

Kinsey has processed north of 800 death scenes as a primary or secondary investigator.


07:21

Kinsey is a specialist in crime scene investigations.


07:21

Next witness for the State, Dr. Kenneth Kinsey, chief deputy of Orangeburg County Sheriff's Office and professor of criminal justice at Claflin University.
Updated: 07:21


07:18

Defense now in redirect of David Grubbs, AG's Office Cell Phone Forensics Expert. They have no questions.


07:17

Back from recess, Waters says he and Harpootlian are "on the same sheet of music" now and the state is preparing to call witnesses. Harpootlian says "Sounds reasonable to me," and notes his "goal here is to be as reasonable as possible."


07:15

Court back in session. Jury being brought in for the first time today.


07:14

Harpootlian asks for additional time to review matters pursuant to the upcoming testimony. Court takes about 15 minute recess.


07:13

Harpootlian and Waters say they reached an agreement before trial proceedings today about the extent to which the State will go into some of the details of the roadside shooting in order to expedite the process.


07:10

Harpootlian addresses the recorded statements Murdaugh made to SLED in the hospital. Murdaugh had a fractured skull and was suffering a brain bleed, and was medicated at the time of the statements, thus calling into question Murdaugh's competency when giving those statements. Griffin says Doctors need to be called in testify on Murdaugh's competency.


Newman notes that Griffin in his recitation of what he claimed he said Wednesday actually excluded the most relevant portion of what he said re: the "circle" and Eddie as a suspect.


07:06

Newman: Mr. Murdaugh at the outset told the State this case was all about the boat crash, then later engaged in what appeared to be a conspiracy with someone (Eddie Smith) the Defense insinuates to be or should have been a suspect, the State is entitled to explore that. It's open to discussion the extent to which the State can explore it, and that will be decided in progress today.


07:03

Newman: "Mr. Griffin introduced the relationship between the defendant and Eddie Smith." Newman recalls how he ruled originally the roadside shooting and Eddie Smith were "a bridge too far" ... only for the Defense to "build a road over that bridge" and "decided to just go right there as if they could dance through fire without getting burned, scarred or anything. The door was opened."


07:02

Griffin started by reading a verbatim of what he claimed happened in court. Newman pulls out his own notes, and shows how Griffin's line of questioning wasn't as limited as he pretended in his recitation this morning, saying Griffin in context had asked SLED agent David Owen about the circle of suspects, and specifically mentioned Eddie Smith as a potential suspect.


06:58

Creighton Waters says he agrees with Judge Newman's ruling yesterday and feels the door is open and questioning will be warranted and proper.


06:57

Griffin contends they didn't open the door to the roadside shooting, only the drug investigation. Griffin objects because the State today wants to discuss Alex and the roadside shooting and play a 3-hour video of Alex's interview in the Savannah hospital after the fact, when it was revealed Alex had been lying. Griffin says the Court must limit "open door" testimony only to the context of what was said, not offshoots.



06:53

Judge Newman begins by addressing Defense objection over the State question in direct exam yesterday about additional people to consider as suspects due to overlapping criminal cases involving Murdaugh. Griffin reads an excerpt of his cross examination saying he didn't open the door to roadside shooting because he only mentioned Eddie Smith in context of drugs and gangs or whether SLED had considered other suspects.
 
https://twitter.com/AveryGWilks

2/16/23

Defense attorney Dick Harpootlian rises for cross-examination.

Harpootlian: You’re a doctor, deputy, professor. What do I call you? Kinsey: “I’ll answer to whatever you call me, sir.” Harpootlian: “You may regret that.” The courtroom erupts in laughter. They have a good rapport. Kinsey has testified in Harpootlian’s cases before.

Harpootlian: “I haven’t touched a protractor in 50 years. I’ve done it twice this week.”
He brings one over to Kinsey before they go over the Paul fatal shotgun blast trajectory.

Kinsey: the second shotgun blast that killed Paul was delivered at a 135-degree upward angle, give or take a few degrees.

At such an upward trajectory, Kinsey says he doesn’t think Paul’s shooter was more than three feet away - as MUSC forensic pathologist Ellen Riemer previously indicated.

Harpootlian also establishes that Kinsey isn’t aware of any stippling or soot on Paul’s shoulder. You’d expect that for a close-range shotgun blast, experts have said.

Kinsey notes that Riemer looked only at the bodies and their wounds, not at the other evidence at the scene - like the blood and brain matter splattered high up on the door/walls.

Still trying to figure out where Harpootlian is going here.

Kinsey is in the same boat. He and Harpootlian go back and forth with a protractor on the angle of the fatal Paul shotgun blast: Kinsey: “I’ve got a feeling you’re fooling with me, Mr. Harpootlian.” Harpootlian: “You got that feeling?” Kinsey: “I’ve got that feeling.”

Kinsey testifies he thinks the shooter on Paul’s second shot was farther than 3 feet away. He says if the shooter had been that close, there would be damage to the feed room door frame because the pellets would have spread only one inch in three feet.

Harpootlian hands Kinsey a Benelli 12-gauge shotgun that has been admitted into evidence. He has Kinsey hold it and re-enact the angle of the second shot. Kinsey has to get the shotgun really low toward the floor.

Harpootlian: Whoever was holding the shotgun was holding it that low? Kinsey: “Really low. Not from the shoulder.” H: Why would the shooter do that? K: “I can’t figure out why people do what they do.”

Harpootlian seems to be getting toward a reveal in this geography exam. At some point I imagine he will point out that Paul was around 5-foot-9 and his father was well over 6-feet tall.

Harpootlian: “That angle is an unusual angle. Typically, people shoot a shotgun from the shoulder.” Kinsey says he can’t explain the lack of stippling or powder burn on Paul from the second shot.

“Whoever fired the first shot could have backed up or even was taking cover to see what was going to happen,” Kinsey said. Harpootlian says the shooter would have had to crouch down to fire the second shot at such an angle. Or perhaps "was a very short person.”

Harpootlian moves on from the shotgun trajectory analysis/debate/geometry lesson.

The idea of an elephant ear from Tracy's food truck weighs heavily on the mind.

Harpootlian asserts the large spread of the pellets that hit Paul on the second shot indicate that the shooter was standing farther away. The pellet spread would be about 1-1.75 inches at 3 feet away, Kinsey says. Harpootian says the pellet spread on Paul was 6 inches.

Harpootlian: “Do you have an explanation for why the spread would be that big?” Kinsey: “I’m not a firearms examiner. I’m just familiar with how they work.”

Kinsey did say the spread could be explained by the angle of the second shot.

Harpootlian: “I’m not closing. I have a couple more shots - a couple more questions.” He goes to consult with the rest of the defense team. Kinsey laughs. Asks to stand for a moment.

Harpootlian actually is done with questioning. Prosecutor Waters rises on redirect. He establishes quickly that shooters and victims can move during the commission of a crime.

Waters: All that stuff you did with the easel and protractor, “does any of that change your opinion about what happened to Paul?” Kinsey: “It does not.”

Defense attorney Phillip Barber is again used as a prop. Harpootlian: “Mr. Barber in the interest of justice has allowed me to point this shotgun at him.” Harpootlian again re-enacts the dramatic upward angle of the fatal shotgun blast that kills Paul. Then we break for lunch.

We're back at 2:15 p.m.
 
2/16/23
Jury comes back in. Grubbs, the cell phone data guy, takes the stand for cross-examination. Except that defense attorney Phillip Barber doesn't bother to cross-examine him. So now we're moving on to the next witness.

I believe that decision speaks to the defense's estimation of the value (or lack thereof) Grubbs' testimony provided to the state's case. The state’s 59th witness is Kenneth Kinsey, an Orangeburg County sheriff’s deputy and crime scene expert.

Kinsey is also a professor at Claflin College.

It sounds like Kinsey was brought into the case at the end of 2022. He reviewed crime scene reports and photos and traveled out to Moselle to take measurements for a crime scene reconstruction.

Waters is displaying photos of the feed room where Paul Murdaugh was shot. Kinsey explains that blood and bloody footprints lead toward the door after the first shot, which hit Paul in the chest at an angle and wasn’t fatal.

Waters: Were Paul’s arms raised before the first shotgun blast? “I see no possible way,” Kinsey said. Waters trying to establish that Paul was killed unexpectedly or by someone he knew.

Kinsey: Paul wasn’t facing the feed room door when he was first shot. More likely he was perpendicular to the door. The wound was oblong, not round. Kinsey estimates the shotgun itself was somewhere inside the door because the shot shell was found inside the door.

Kinsey: Paul’s height was listed with the DMV as 5-foot-6, but the pathologist said he was 5-foot-9. He said he split the difference in his own analysis.

This green cone illustrates the trajectory of the second shotgun blast that killed Paul, Kinsey testifies. Dramatic upward angle



Kinsey testifies he used biological matter found at the scene, including brain and blood matter found high on the walls and door, to estimate the trajectory. He said the second shot was fired from outside the feed room, to the right of the doorway.

Kinsey: Paul was moving toward the doorway after the first shot. When he was shot, his body fell forward outside of it.

Waters: Any way Paul’s injury came from the top of his head in a contact fashion? (As Harpootlian tried to establish earlier this week with Dr. Riemer) Kinsey: No way. Because then the biological material wouldnt have been sprayed onto the top of the door.

Waters asks Kinsey if there is any forensic value in collecting every single one of the 150-156 pellets that come in a birdshot shotgun round. Kinsey says no. As long as you get enough of them for a sample for the forensic examiner to weigh.

Note: Earlier in this trial, defense attorney Jim Griffin pointed out that investigators didn’t collect some 30 pellets from the feed room. Kinsey: “There is no forensic value as long as you have enough to determine what type of shot or what type of shell and the weight of it.”

Kinsey on Paul after the first shot: Based on blood evidence, “he’s moving real slow to the door.” The first shot hurt him badly and affected him.
In the courtroom, Murdaugh bends over. Appears to be crying.

Kinsey uses Waters as a prop to explain the angle at which Paul was shot the second time.


Kinsey's testimony about how Paul and Maggie were shot, as well the order of the wounds and which were fatal vs. nonfatal, very closely tracks with what MUSC forensic pathologist Dr. Ellen Riemer testified earlier this week.

The shots at Maggie were fired from a military-style rifle “in very quick succession” from about 4-5 feet away, Kinsey says. He says he can tell from the similar angle from which the shots were fired.

Via the @wltx feed, prosecutor Creighton Waters gets onto his hands and knees (bottom-right of the screen) to show how Maggie might have been positioned when the first fatal shot was fired at her. Kinsey uses a stick to demonstrate the shooter’s position.


Waters now asks about the impression found on the back of Maggie’s calf. He shows Kinsey a photo of it. Kinsey testifies he did an analysis of that impression. Murdaugh’s attorneys have been asking about this for weeks now.

Kinsey is explaining how he does footwear and tire tread analysis. He comes off as extremely smart and experienced. He is also a good communicator. We haven't gotten to the reveal yet.

Waters: Is it your expert opinion that that mark on the back of Maggie’s leg is a tire tread impression and nothing else? Kinsey: “That is a tire tread impression. That is my opinion.” So, someone ran over Maggie with the ATV?

Kinsey says the impression on Maggie's calf is consistent with the ATV tire tread. Waters wonders if it is consistent with Maggie backing up into the ATV. How did it get there? "I saw no evidence that she was run over," Kinsey says.

Waters asks if the angle of the shots that killed Maggie is consistent with the shooter coming from the feed room. Kinsey: “It certainly could be.”

Waters asks about how Paul’s phone came to be lying on his back-right pocket. Kinsey: “There is no way Paul could have retrieved that phone from his pocket and placed it on the back of his pants.” Someone else did that after his death.

Waters: Was there forensic value in investigators searching and swabbing the Moselle house that night? Kinsey: Not really because the family left DNA everywhere.

Waters' final question: “Did you see any evidence or anything that would reflect a struggle between Paul and the shooter?” Kinsey: “I did not.” No defensive wounds on Paul or Maggie.

Defense attorney Dick Harpootlian rises for cross-examination.

Edited to include one additional tweet.
 

2/14/23

The possibility of a bruise on Maggie Murdaugh’s calf was brought up by Harpootlian and Riemer said her notes didn’t indicate bruising and that dirt could have fallen off when they transported the body.

The location of the entrance and exit wounds on Maggie Murdaugh’s body could have been an indication that she, the shooter or both were moving during the shooting.
 

LIVESTREAM: Murdaugh Murder Trial - Feb. 16, am

Court began at 9:30 a.m. Thursday.
It is scheduled to adjourn at 4:30 p.m.

Thursday​

Judge Newman begins by addressing Defense objection over the State question in direct exam yesterday about additional people to consider as suspects due to overlapping criminal cases involving Murdaugh. Griffin reads an excerpt of his cross examination saying he didn't open the door to roadside shooting because he only mentioned Eddie Smith in context of drugs and gangs or whether SLED had considered other suspects.

Griffin contends they didn't open the door to the roadside shooting, only the drug investigation. Griffin objects because the State today wants to discuss Alex and the roadside shooting and play a three-hour video of Alex's interview in the Savannah hospital after the fact, when it was revealed Alex had been lying. Griffin says the Court must limit "open door" testimony only to the context of what was said, not offshoots.

Creighton Waters says he agrees with Judge Newman's ruling yesterday and feels the door is open and questioning will be warranted and proper.

Griffin started by reading a verbatim of what he claimed happened in court. Newman pulls out his own notes, and shows how Griffin's line of questioning wasn't as limited as he pretended in his recitation this morning, saying Griffin in context had asked SLED agent David Owen about the circle of suspects, and specifically mentioned Eddie Smith as a potential suspect.

Newman: "Mr. Griffin introduced the relationship between the defendant and Eddie Smith."

Newman recalls how he ruled originally the roadside shooting and Eddie Smith were "a bridge too far" ... only for the Defense to "build a road over that bridge" and "decided to just go right there as if they could dance through fire without getting burned, scarred or anything. The door was opened."

Newman: Mr. Murdaugh at the outset told the State this case was all about the boat crash, then later engaged in what appeared to be a conspiracy with someone (Eddie Smith) the Defense insinuates to be or should have been a suspect, the State is entitled to explore that. It's open to discussion the extent to which the State can explore it, and that will be decided in progress today.

Newman notes that Griffin in his recitation of what he claimed he said Wednesday actually excluded the most relevant portion of what he said re: the "circle" and Eddie as a suspect.

Harpootlian addresses the recorded statements Murdaugh made to SLED in the hospital. Murdaugh had a fractured skull and was suffering a brain bleed, and was medicated at the time of the statements, thus calling into question Murdaugh's competency when giving those statements. Griffin says Doctors need to be called in testify on Murdaugh's competency.

Harpootlian and Waters say they reached an agreement before trial proceedings today about the extent to which the State will go into some of the details of the roadside shooting in order to expedite the process.

Harpootlian asks for additional time to review matters pursuant to the upcoming testimony. Court takes about 15 minute recess.

Court back in session. Jury being brought in for the first time today.

Back from recess, Waters says he and Harpootlian are "on the same sheet of music" now and the state is preparing to call witnesses.

Harpootlian says "Sounds reasonable to me," and notes his "goal here is to be as reasonable as possible."



First witness: Kenneth Kinsey​

Kenneth Kinsey is Chief Deputy of the Orangeburg County Sheriff's Office and a professor of criminal justice at Claflin College.

Kinsey is a specialist in crime scene investigations.

Kinsey has processed north of 800 death scenes as a primary or secondary investigator.

Harpootlian interrupts Creighton Waters and Ken Kinsey going over his background, Harpootlian says he'll concede to Kinsey being qualified as an expert witness if Waters will just get this over with.

Backing up, Kinsey noted a few moments ago he often works for and against law enforcement in his role as a crime scene specialist where he's called in from the outside.

To be clear, Kinsey is qualified as an expert witness in:

  • Crime scene exam & reconstruction
  • Fingerprint exam
  • Footwear exam
  • Tire tread exam
Kinsey reviewed Moselle murder crime scene at SLED's request. Examined forensic reports, photos and measurements in case. Went out to the scene in late 2022 to take a fresh look himself and take own measurements to come up with his own objective conclusions.

Kinsey concludes Paul was shot in the chest first while standing in canted (angled sideways) in the feed room with his right shoulder toward the door. Most of the 00 buckshot pellets went into his chest through the muscle and tissue, exited under his left armpit, went into his left arm, and most of the pellets exited out the back window of the feed room.

Kinsey says Paul was about 5-feet inside the 10-foot-long feed room when he was shot. Blood drops indicated 90-degree droplet pattern, indicating the drops of blood dripped straight down, meaning Paul stood still where he was shot for a few moments, then (based on the blood trail) slowly moved toward the door.

Kinsey says there was no way Paul's arms were up when he was shot. There were only 9 buckshot pellets, yet Paul had over 20 entry and exit wounds in his chest, armpit and arm.

Kinsey notes the entrance wound on Paul's chest was oblong, suggesting the shot came in from Paul's side.

Kinsey says the shell was ejected inside the feed room on the first shot, meaning most of the gun was inside the feed room with Paul when it was fired -- extremely close range (supporting previous testimony by Dr. Ellen Riemer saying she found "stippling" from unburnt powder abrasions on Paul at the wound site, which only occurs inside about 3-feet.)

Kinsey says the second shot to Paul was immediately fatal. Once he received the shot to the head, he ceased all voluntary movement.

Kinsey narrating this photo, which shows his approximation of the trajectory of the second shot to Paul's head, based on Paul's height and other facts. The green cone in the photo is the representation of the shotshells path to, into and through Paul's body. Kinsey's estimation seems to contradict Dr. Ellen Riemer's hypothesis that the fatal shot to Paul came in at a more flat angle and that his head might've been tilted to the side.

Kinsey notes the door to the feed room is only 6-feet high (72-inches). The angle of the shot he suggests puts the height of the gun barrel at only about 3.5-feet off the ground. The shooter would've been right outside the door.

Waters, countering points the defense tried to make with Riemer, asks Kinsey if he thinks Paul could've been shot from the top of the head, or if Paul could've committed suicide. For the top of the head, Kinsey says there's no blood pattern evidence suggesting a top-down shot. The shooter would've needed to be on the roof, and the angle of the blood spatter doesn't support that. As for the suicide prospect, Kinsey says he sees no possible way based on the angles of the shots and lack of evidence of "contact" wound (meaning the gun barrel was directly against his skin) indicate there's no way it could've been a suicide.

Kinsey now discussing difference between buckshot and birdshot. Buckshot: large pellets, small number of them. Birdshot: small pellets, large number of them.

Kinsey is confident the shooter was just outside the door on the second shot to Paul.

Now Kinsey says he believes Paul would've been favoring his left arm and shoulder after the first shot as he moved toward the feed room door, with his arm and shoulder drooping downward (as opposed to a flat, 90 degree angle of a normal person walking).

Kinsey using a dowel rod and Waters as models, shows he believes the second shot came up at Paul from a low angle, with the gun located waist high or lower.

Now moving on to Maggie Murdaugh's injuries. He says she suffered three non-fatal gunshot wounds, two fatal.

Two very close range wounds (with stippling) coming right to left (from Maggie's perspective). First entered her right abdomen, exited her left lower back near kidney. Second entered right side of her left upper thigh, exited left side of lower left thigh.

Kinsey believes Maggie fell to the ground at some point, or doubled over at the waist. Third wound was to wrist, possibly a precursor to fourth wound which grazed along her abdomen, through her breast, up into her jaw and into her brain.

She would've collapsed immediately to the ground from her hands and knees. The way her body was found with her arms trapped underneath her supports this.

Final wound indicated the shooter was in front of Maggie's body, where she may have been showing signs of life but was essentially dead and unable to move. The shooter shot down into the top of the back of Maggie's head, the bullet exited the base of her skull, and the bullet reentered her body around her shoulders.

Kinsey now reviewing with Waters the much discussed "impression" on Maggie's left calf, which has been suggested by the Defense to be a possible shoe print the crime scene investigators missed an didn't analyze at the scene.

First, Kinsey notes the blood staining on the back of Maggie's thigh indicates the blood ran straight down, meaning she remained standing upright for a time after the shot hit her leg.

Now to the unknown impression on Maggie's leg. Kinsey notes there was an ATV located very close to Maggie's body to the left of where her body was located.

Kinsey says he noted biological material on the tire and front end of the ATV. (We learned earlier in the case SLED never tested that biological material to determine DNA or human blood vs. animal blood.)

Kinsey says he compared the impression on Maggie's leg to the tire tread on the ATV.

Kinsey in his expert opinion believes the impression on Maggie's leg was a tire tread impression from the ATV. A peer reviewed his work, and agreed with his conclusions.

Kinsey compares to the tire tread to pattern in the mud and notes mud on the tires. Whoever drove the ATV last drove through mud and mud was transferred to Maggie's leg in tread outline through contact with tire.

Kinsey notes the first two shots Maggie suffered could've come from the direction of the feed room. It's certainly a possibility, he says. Backing up, he believes Maggie was not run over by the tire, but the back of her leg came in contact with it at some point before her death.

Kinsey now reviewing Paul's phone being located on his butt. He believes there's not a reasonable way that phone winds up there except by being placed there.

Kinsey says in his opinion there's little evidentiary value in swabbing or analyzing the sinks, showers and tub drains for blood, bodily fluid and DNA when there's no known outside suspect because the members of a household are frequently depositing their own bodily fluid and DNA in sinks and drains. It would be hard to say when it was deposited.

Kinsey notes AR15 rifles (including .300 Blackout) are very loud, much louder than a shotgun, he is an avid hunter and shooter but cannot shoot them without ear protection.

Court in recess for morning break.

Dick Harpootlian in cross exam for the Defense. Notes how he and Dr. Ken Kinsey have a history together, and he even called Kinsey to be a witness for him on cases when he was a prosecutor.

Harpootlian asks what should he call Kinsey based on his qualifications. Kinsey says Harpootlian can call him whatever he likes. Harpootlian: "You may regret that." (Big laugh from the courtroom.)

Kinsey and Harpootlian are discussing the gunshots to Paul. Kinsey concedes he can't get an exact scale for everything or exact location of Paul in the room.

He believes Paul's head and shoulders were slightly outside the feed room door when the fatal second shot occurred.

There's some discrepancy over Paul's height. Kinsey says driver's license said 5'6", but Dr. Riemer's autopsy noted 5'9," he split the difference for his purposes.

Harpootlian calls Kinsey down to demonstrate angle again using a protractor.

Harpootlian: "I hadn't touched a protractor in 50 years, and I've used one twice this week."
Kinsey walks up with his own protractor.
Harpootlian: "Oh, you walk around with one?" (Another big laugh from the courtroom).
Kinsey concedes the entry wound height of the fatal shot on Paul was about 4'7" from the ground, at a trajectory angle of about ~135 degrees (130-140) upward from the barrel toward the top of the door where blood, biological material, bullet defects where discovered.

Kinsey and Harpootlian are going through a really protracted (pun intended) demonstration and haggling session over the angle and location of the fatal shot to Paul.

Kinsey: "I've got a feeling you're fooling with me, Mr. Harpootlian."
Harpootlian: "You've got that feeling?"
Kinsey: "I've got that feeling."
(More chuckles from the courtroom)
Harpootlian is having Kinsey use an actual shotgun to demonstrate the angle of the fatal shot to Paul.

Kinsey affirms whomever was holding the shotgun for the fatal shot to Paul was holding the gun at a very low angle, not shouldered like a long gun normally would be. Kinsey can't say why that would've been the case, but the evidence supports it.

Using the Benelli shotgun to demonstrate the first shot inside the feed room, they determine the end of the gun barrel easily could've been within 3 feet, explaining the stippling on Paul from the first shot.
 

2/16/23: LIVE TRIAL BLOG -- DAY 19, pm



The jury is released before cross examination. Looks like we'll hear that tomorrow morning at 9:30



an hour ago

Kelly says no evidence indicates Smith was involved in the Moselle shootings.

an hour ago

Murdaugh tells Kelly he only paid Smith for pills and not to shoot him.

an hour ago

Kelly asks if Murdaugh owes any money to drug dealers. Murdaugh says no. Kelly says they want to make sure there's no threat to Buster.

an hour ago

Kelly says Smith mentioned Alex and Randy Murdaugh as his lawyers. Murdaugh tells him that Randy wouldn't represent him.
Kelly asks where the gun is and Murdaugh says he didn't get it back.
Murdaugh admits to talking to Smith while he was in the hospital but doesn't remember what they talked about.

an hour ago

During the call Kelly asks about how Smith was paid for drugs. Murdaugh says he would sometimes use cash but usually through his checking account at Bank of America. Admits to the fake Forge account. Says sometimes he would use his Palmetto State account.


an hour ago

Murdaugh apologizes to Kelly for lying when he was in the hospital.
"I was in a very bad place."

2 hours ago

Murdaugh says he gave Smith his gun to shoot him. Then admits to stabbing his tire with a knife and throwing it across the road.

2 hours ago

Murdaugh says he called Smith on the morning of Sept. 4, 2021, and asked him to meet him. Says he asked Smith to shoot him.
"I think at first he was a little surprised," Murdaugh says.

2 hours ago

Murdaugh admits an 18-20 year Oxycontin addiction in the interview.
"I was in a very bad place. I thought it would be better for me not to be here anymore."
Murdaugh says he thought it would have been easier on his family if he was dead.


2 hours ago

Harpootlian can be heard in the call saying they only want to talk about the roadside shooting.

2 hours ago

Kelly is played a phone interview conducted with Murdaugh, Griffin and Harpootlian.

2 hours ago

Kelly says they also located deposits of several hundred thousand dollars made to Smith's account that went back to Murdaugh.

2 hours ago

Kelly says they traced the truck back to Curtis Smith and went to Smith's house, saw the truck and located narcotics and a spiral notebook that appeared to be a crude sales ledger

2 hours ago

Kelly says they got surveillance photos from the church near the shooting. The photos show a blue chevy truck and Murduagh's SUV going the same direction then the blue truck going in the opposite direction a few minutes later.

2 hours ago

Kelly says Murdaugh description of the person who shot him remained consistent and a composite sketch was made:


2 hours ago

Kelly says DNA profiles of Murdaugh and Curtis Smith were found on the knife.

2 hours ago

Kelly says agents returned to the scene the next day and recovered a gray utility knife. Says they never found evidence of debris.

2 hours ago

Kelly says Murdaugh described the person who shot him as a man between 30 and 40 who seemed nice.
Kelly says he never indicated he knew who it was.

2 hours ago

Kelly testifies that the story told to 911 and the story in the ambulance were consistent.

2 hours ago

Murdaugh can be heard saying the shot was really loud and "sounded like a shotgun"
Someone else can be heard saying the bullet appeared to be a small caliber.

2 hours ago

Now we're getting a look at the body cam footage from the ambulance.

2 hours ago

Technical issues fixed. The jury is hearing the 911 call now.


3 hours ago

Maybe not. Waters is having technical difficulties trying to play back the call.

3 hours ago

Kelly is being played the 911 call from the incident.

3 hours ago

Kelly testifies the tires on the Mercedes SUV that Murdaugh was driving had run-flat tires.

3 hours ago

Kelly is the lead investigator of the Labor Day weekend shooting. Says he went to Savannah to meet with Murduagh in the hospital before going to the Salkahatchie Road scene.


3 hours ago

Back from lunch, the state calls Ryan Kelly to the stand.


4 hours ago

Before lunch, Newman appoints a foreperson for the jury.


4 hours ago

Court is on a lunch recess until 2:15 p.m.
 
LIVESTREAM: Murdaugh Murder Trial - Feb. 16, pm

Thursday​


Using the Benelli shotgun to demonstrate the first shot inside the feed room, they determine the end of the gun barrel easily could've been within 3 feet, explaining the stippling on Paul from the first shot.

However, Harpootlian points out there appeared to be no stippling on Paul from the second fatal wound. Kinsey has no explanation for that. Shooter could've backed away, could've been crouching, could've been holding the gun low and squatting. Kinsey can't explain it without having been there.

Kinsey says the height of the entrance wound on Paul's shoulder from the second shot would've been about 4'3" from the ground.

Harpootlian seems to be suggesting if the murder weapon on Paul was the missing Benelli shotgun like the one he used for demonstration today (with a long barrel) as the State has suggested, and for there to be no stippling from the shotgun blast to indicate extreme close quarter, it means the shotgun would be potentially farther away than the State's theory suggests?

Moving to Maggie's wounds, Kinsey says it's hard to say how the shooter was moving around while firing the gun, but he believes the gunman was within 4 to 5-feet of Maggie.

Going back to Paul, based on shotgun knowledge, at 3-feet and shooter facing target at parallel angle to ground, the spread of the shot would be around 1 to 1.75-inches based on the constriction of the gun barrel (choke).

Based on the large spread of the wound Paul suffered on the second shot, the gun wasn't parallel (shouldered), resulting in the more oblong, spread-out wound path of the shotgun pellets. Kinsey also noted however, that the angle doesn't support the shooter being several yards away at the time of the second shot.

Moving back to Maggie, Kinsey says he found no data that could tell him exact location of the shooter.

Kinsey notes both Maggie and the shooter could've been moving. The only data was the similar angle of the thigh wound and stomach wound with stippling. That leads to the reasonable conclusion the shooter was close to her.

Harpootlian has Kinsey clarify the impression on the back of Maggie's leg was caused by mud on the ATV tire near her body, or a tire just like it.

Creighton Waters now doing redirect for State with Kinsey.

Kinsey says all his conclusions were his own and nobody told him what to arrive at or say.

Kinsey notes there were no other ATVs at the crime scene with tires like the one next to Maggie's body to explain the muddy tread mark on her leg.

Kinsey reiterates shell casings wouldn't be thrown 30 feet, and they were concentrated around the outside of the feed room (again indicating Maggie's killer was close).

Kinsey agrees with Waters how death scenes can be fluid, people moving and changing position at any given moment.

Kinsey notes how nothing in his back and forth with Harpootlian changed his opinion about what happened at the crime scene. The fatal shot was fired at an upward angle of ~135 degrees.

Re-cross by Dick Harpootlian. He pulls out the shotgun again, has co-counsel Phil Barber stand in as Paul, and points the gun at Barber in the odd angle at which the evidence suggests the fatal shot came from.

Court in recess for lunch. Judge Newman has appointed a foreperson for the jury.

Court is back in session. Judge Newman discussing jury foreman, says all jurors have equal weight on the jury, foreperson doesn't have special authority, only special responsibilities.



Next witness: Ryan Kelly​

Next on the witness stand for the State, Sr. Special Agent Ryan Kelly with SLED.

Sept. 4, 2021, Alex Murdaugh shot alongside Old Salkehatchie Rd approximately 1:30 p.m. in Hampton County.

Kelly responded to Savannah first where Murdaugh was being treated, then went to the scene afterward. Maggie Murdaugh's black SUV was at the scene. It had a flat tire on the driver's side rear tire. He noticed it was a run-flat tire, which means tire can remain operable, don't go immediately flat. Noticed a small puncture mark on the sidewall like from a pocket knife, not catastrophic damage he'd expect to render that type of tire immediately flat or inoperable.

Kelly reviewed 911 call by Alex Murdaugh from roadside shooting scene.

Murdaugh called 911, Hampton County said he was by a church with a red roof on Old Salkehatchie Road, suffered a flat tire, motorist stopped offering to help but then shot him.

Now playing an ambulance video. Murdaugh giving details, saying the person who shot him came up acting nice like they were going to help with the flat tire, then shot him.

Murdaugh remarks how the gunshot was very loud like a shotgun even though they're telling him his wound is from a small caliber bullet. Murdaugh says he thinks it was Chevy or GMC, blue in color, that the "suspect" was driving. Murdaugh mentioned he'd temporarily lost his vision afterward.

In interview with SLED, Murdaugh said he'd hit something significant to cause the flat tire.

Kelly says Murdaugh gave a description of the suspect: white male, unknown to him, nice looking, "nice person," younger than him, close cropped hair and beard, in a newer model Chevy/GM truck, dark blue in color.

Back at the scene, Kelly notes how Murdaugh's "assistant solicitor" badge from his volunteer role with the 14 Circuit was found inside the SUV.

The day after the shooting, agents went back to the scene and looked for debris. In the grass across the street, they found a gray utility knife. They never found the alleged debris Murdaugh claimed caused his flat tire.

Kelly says DNA from both Alex Murdaugh and Curtis Edward Smith were found on the folding knife.

SLED learned Murdaugh had met with Chris Wilson shortly before the "shooting" to discuss being fired from his law firm, and the money he owed Wilson and all the stealing he'd been doing.

Shifting gears back to the description of the alleged shooting suspect. State produces composite sketch created from Alex's description.

While in hospital, Randy Murdaugh (Alex's brother) called SLED to let them know Alex in the hospital was making calls to unknown numbers, even offering hospital staff money to use their cell phones.

Murdaugh's family turned over Eddie Smith's name and phone number to law enforcement.

SLED obtained surveillance footage from nearby St. John's Baptist Church showing blue pickup pass by, 20 seconds later followed by Murdaugh's black SUV. About 5 minutes later the video shows the blue Chevy truck traveling back by the church in the other direction.

SLED went to Eddie Smith's residence in Walterboro on Sept. 7, and observed the blue Chevy pickup. Search warrant obtained. Narcotics (pills), a physician's prescription guide, and a notebook containing a sales ledger for pills were found in Smith's home.

Kelly notes Murdaugh had been fired at this point after his years of thefts were discovered, and Murdaugh had confessed also to prescription pain pill abuse problem.

Eddie Smith's bank accounts were investigated, and numerous checks totaling hundreds of thousands of dollars from Murdaugh to Eddie Smith were discovered as a result.

Kelly notes how Murdaugh had called Blanca Simpson the day of the roadside shooting asking her for insurance cards.

After the search warrant and the ties to Eddie Smith were revealed, SLED tried to interview Murdaugh again, but Dick Harpootlian said Alex was going to a rehab facility in Atlanta. No meeting ultimately happened. Then a phone interview occurred on Sept. 13.

State now playing phone interview between SLED and Alex Murdaugh from Sept. 13, 2021, the day before he was arrested for the very first time.

Alex, Dick Harpootlian and Jim Griffin all declare Alex is of sound mind and competent to discuss the case.

The morning of the shooting, Alex first met with attorney Jim Griffin the morning of the shooting at the family's house in Chechessee (near Okatie, Beaufort). Then he drove to Hampton to meet Chris Wilson.

Murdaugh confessed to Wilson everything he'd done ("finances, pills, lies.") Murdaugh notes he's had an opioid addiction for 18 to 20 years. The morning of the roadside shooting, Murdaugh took some pills around 4 a.m.

Murdaugh notes he'd been confronted the day before about embezzling law firm and client money. He was in a very bad place, and thought it'd be better if he wasn't here anymore. He thought it'd be easier on his family if he was dead. He hoped his family's life insurance would go to enrich his family -- $10 to $12 million policy.

Alex decided to end his life, called Eddie Smith on the phone. Smith was his primary drug dealer for years, sometimes giving him $30,000 to $50,000 a week.

Alex met with Eddie, they had a discussion outside a gas station in Hampton. Told Eddie things were about to get really bad and he wanted not to be here anymore. He wanted Eddie to shoot him. Eddie was hesitant but eventually said OK. Alex developed the plan, had Eddie follow him to Old Salkehatchie Road, gave Eddie his personal .38 revolver, flattened his own tire with his own knife, threw it away and then waited for Eddie to come back by him (he'd already passed).

Alex says Eddie pulled up, Alex stood close to Eddie's car, Eddie shot him but grazed him in the very back the head. He lost his vision and was disoriented, but eventually his sight came back. A car stopped and they tried to drive Alex to the hospital. They called 911 and an ambulance met them.

Murdaugh says his intent was to have Eddie kill him so his son Buster could get the life insurance. "I knew I was about to lose everything, and I figured he was better off that way than dealing with me."

Murdaugh twice in the phone interview said Eddie was driving a gray truck.

Murdaugh notes it was less than a half-hour between the time Eddie shot him and when he first asked. Murdaugh said he didn't take notice or find it odd that Eddie was so quick to agree to shoot him. Alex says he was just focused on not being here anymore.

Alex says he met Eddie through his dad Randolph, who knew each other from playing softball. Eddie came to the law from about 10-12 years earlier with a lawsuit. Eddie and Alex would talk on the phone frequently about getting pills after that. Several times a week. Alex paid him mostly in cash and checks from Bank of America and Palmetto State Bank accounts. Alex discloses his fake "Forge" bank account exists.

Alex says Eddie told him he was getting the drugs from a Black guy in Walterboro and some connection in Beaufort. Alex says he also bought pills from another person named Kenny Hughes. In the past, he would buy pills from Barbara Mixson on very limited occasions, who was a domestic worker for his mother.

Alex discussing the .38 revolver Eddie used to shoot him says he picked it up from his mother's house, then he told Eddie to get rid of him.

Murdaugh can't recall when he called Eddie Smith while in the hospital or what they talked about, but says in his past experience, when he's in withdrawal he'll do just about anything to make it quit.

Murdaugh admits he used money from ill-gotten gains and his own personal funds to buy the drugs. Kelly notes Alex is an independently wealthy man. Dick interjects in the call, and says not anymore.

Murdaugh says he didn't pay Eddie any money to kill him, just a verbal agreement. But Murdaugh says the last time he paid Curtis for pills before the shooting was a few days before the shooting. Murdaugh says he was paid in full with Eddie and didn't owe any drug dealers money. Kelly specifically asked about Murdaugh not owing money to make sure there wasn't a threat to Buster's life.

Kelly asks if it was a coincidence Alex's will and other documents were in the SUV at the time of the shooting. Murdaugh notes he'd had those papers in there from meetings with attorneys the day before. He was trying to get things "cleaned up."

Harpootlian notes there's a two-year period after which beneficiaries can collect life insurance despite suicide. That may have been what Alex was thinking.

Kelly notes that's irrelevant, Alex entered an agreement with Eddie to kill him so his son could collect life insurance.

Kelly asks again where Alex got the knife. This time he says Eddie gave it to him (earlier he said it was his own knife). Alex doesn't know where Eddie got rid of the gun, but says it was his (Alex's) gun. He bought it, can't remember when or where.

SLED asks Alex about the Berkeley County properties near Huger (0 United Drive, LLC, Redbeard LLC). Alex explains it was property he bought with some other guys and wasn't able to sell. Eddie had been out there digging ditches on the property the last few months.

Alex says he always had one phone, then Jim Griffin took it from him and turned it over to SLED. Alex got a second one right after that, and then Jim Griffin says Alex got a third "burner" phone before going into rehab.

Murdaugh notes nobody knew about the plan other than him and Eddie, and he didn't tell anybody about the plan until the day before the interview. He was not able to have coherent thoughts because he was so sick from withdrawals.

Alex notes Eddie gave him the knife and he gave Eddie the gun shortly after they turned onto Old Salkehatchie Road. Eddie drove past him, Alex stabbed the tire, threw the knife. Eddie came back by, Alex stood 4-5 feet from the car and waited for Eddie to shoot him.

Kelly asks why wasn't Alex initially truthful? Murdaugh says he was in a bad, bad, bad place.

Waters questioning Kelly about the video now. Kelly says never mentioned Eddie Smith at all until his lies were exposed. Never said there as a risk or threat to Buster. Never said Eddie Smith had anything to do with the murders at Moselle.

Waters: "Is there any evidence that Curtis Edward Smith had anything to do with Moselle?"

Kelly: "None whatsoever."

Court adjourned until 9:30 a.m. Friday.

 

2/17/23

The trial will begin Day 20 at 9:30 a.m. with cross-examination of witness Ryan Kelly of the South Carolina Law Enforcement Division (SLED).

A major factor here is not the murder case, but the alleged botched assisted suicide involving Murdaugh and accused triggerman Curtis "Eddie" Smith.

The State is weaving all this in as it tries to prove Murdaugh- and Murdaugh alone- killed his wife and son.

2/17/23: LIVE TRIAL BLOG -- DAY 20, am

Live blog embed below authored by Drew Tripp.

Court is in recess for lunch until 2:15 p.m.

a minute ago

Waters concludes questioning of Rudofski by showing two photos extracted from Maggie's phone: One of Maggie and Marian Proctor, her sister. The other is Maggie, Paul and Buster.

3 minutes ago

June 3, 2021 - Alex sends text message to former Palmetto State Bank CEO (now convicted in federal bank fraud conspiracy involving Murdaugh due to decade-long theft and fraud scheme). Text reads Alex is asking Russell to extend him another $600K line of credit, and his dad will co-sign it.

5 minutes ago

May 26, 2021 - Maggie's phone internet history shows her doing a web search for several types of pills.

7 minutes ago

May 6, 10:52 p.m. - Paul texts Alex saying they need to talk, because Mom (Maggie) told him she found several bags of pills in Alex's computer bag

8 minutes ago

State now presenting texts from Alex's phone predating murders.

9 minutes ago

10:24 - Alex calls Rogan, then texts him to "Call me"
10:25 - Alex attempts to Facetime Rogan
(Rudofski notes Murdaugh attempted to call Rogan multiple times after the phone screen activated at 10:20, and Paul's phone was found on top of his body. Alex admitted touching it and trying to do "something" with it in law enforcement investigations.)


12 minutes ago

10:17 - 911 call ends, Alex calls Randy
10:18 - Alex texts Randy "Pls call me, emergency"
10:18 - Paul's phone backlight comes on, last text from Rogan had been at 9:58
10:18-10:28 - Alex 525 steps
10:19 - Alex calls Randy & John Marvin
10:20 - Paul's phone screen comes on, "AutoLock" engages (could be because it didn't recognize face.)
10:21 - Alex calls Rogan
10:22 - Alex receives group text photo from Michael Gunn (Forge Consulting) of woman in bikini. He read that text at 10:38 p.m., despite not reading until the next day a text from his brother earlier about visiting his dad in the hospital.


24 minutes ago

9:56-10:06 - Alex's phone 231 steps (911 call at 10:06)
10:00:56 - Alex's SUV pulls into Moselle driveway
10:03 - Alex calls Maggie's phone.
10:05 - Alex's SUV starts driving to kennels.
10:05:57 - Alex arrives at kennels
10:06:14 - Alex calls 911
(Waters has Rudofski say only 20 seconds passed between Alex arriving at the kennels in the SUV and calling 911, and brings up how Alex told law enforcement he went up and checked the bodies for a pulse when he arrived)

29 minutes ago

9:21 - CB Rowe calls Alex, no answer
9:22:39-9:32:14 - Alex arrives at Almeda, phone shows 195 steps
9:24 - Alex calls the landline phone at his mom's house
9:29 - Rogan Gibson calls Paul's phone
9:31 - Maggie's phone backlight turns on and off.
9:34 - Rogan texts Maggie to have Paul call him, backlight on then off
9:35-9:45 - Alex 60 steps
9:43 - Alex's phone connects to SUV, SUV begins moving back toward Moselle
9:45 - Alex calls Maggie's phone
9:47 - Alex texts Maggie
9:52-9:53 - Alex texts Chris Wilson, going 80 mph, Alex receives calls from Chris Wilson

38 minutes ago

9:10-9:18 - Alex starts calling people. Buster, Chris Wilson, John Marvin
9:14 - CB Rowe's phone shows he's at his home near Brunson and Fairfax.

41 minutes ago

9:03 - Alex's SUV system computer boots up.
9:03-9:04 - Maggie's iPhone backlight on
9:04 - Alex calls Maggie's phone
9:05 - Alex calls Randolph Murdaugh
9:06:15-9:06:52 - Maggie's phone orientation changes from vertical to horizontal. Receives incoming call from Alex. Final orientation change. Suburban begins driving. Alex calls Maggie again. Alex's phone connects to SUV.
9:07 - Maggie's phone backlight turns off for next 30 minutes. Alex leaves the house without driving down to kennels despite two calls to Maggie.
9:08:42 - Alex's SUV doing 45 mph at location where Maggie's phone was found next day.
9:08:58 - Alex texts Maggie saying he's going to his mom's.


an hour ago

Looking at Alex's phone: 283 steps starting at 6:52 at 29 steps per minute, then 283 steps at 9:02 but this time 70 steps per minute. Rudofski notes this is "far in excess" of his other steps per minute.

an hour ago

Rudofski now reviewing pace & step spreadsheets for Paul, Maggie, and Alex Murdaugh.


an hour ago

8:53-8:55 - Maggie's phone records 59 steps, various orientation changes
8:55:48 - Maggie's phone records internal snapshot of app activity, normal activity.
(Waters has Rudofski call back to Alex taking 54 steps between 8:05-8:09)
9:02-9:06 - Alex's phone wakes up, 286 steps traveled

an hour ago

Waters has Rudofski note how at 8:44 video records Alex's voice in the background, 8:49 phones lock forever, Alex said in multiple interviews he was never at the kennels.

an hour ago

8:32-8:42 - Paul 283 steps
8:38 - Paul phone located at kennels
8:40 - Paul calls Rogan
8:44 - Paul Facetimes Rogan, creates kennel video after it ends.
8:47-8:48 - Paul texting
8:49:01 - Paul's phone locks for the final time
8:49:26 - Maggie's phone unlocks, reads text message
8:49:31 - Maggie's phone locks for the final time.
8:49:35 - Paul text from Rogan, never read.

an hour ago

8:17-8:18 - 38 steps by Maggie
8:19 - Paul's phone connects to wi-fi, he's sending / receiving snapchats with friends
8:23-8:30 - Paul texting, Snapping with friends.
8:30-8:33 - Maggie 38 steps
8:31 - John Marvin group text to Maggie, Alex and family about going to visit Randolph in hospital.
8:31 - Maggie phone unlocked, orientation to vertical, reads message from Alex's sister Lynn, locks again until 8:49.

an hour ago

8:13 - CB Rowe is in the Augusta, Georgia area.
8:14-8:35 - Paul's phone location at main house
8:15-8:21 - Paul 140 steps.
8:17 - Maggie unplugs phone, believed she's at Moselle by this point.

an hour ago

8:11-8:31 - Maggie's iPhone locked.

an hour ago

8:07 - Paul sends snapchat to several friends.

an hour ago

7:57 - Paul receives reply from Bryan Murdaugh about Snapchat video, saying they need straps on the tree.
8:05 - Paul's phone begins moving from cabin near kennels toward the main house.
8:08-8:14 - Paul's phone location at main residence
8:05-8:09 - Alex 54 steps
8:05-8:15 - Paul 303 steps

an hour ago

7:09 - Maggie calls her mom
7:14-7:15 - Paul and Alex both take about 200 steps.
7:18 - Alex tells CB Rowe to call him
7:25-7:34 - Paul 139 steps
7:28-7:37 - Alex 47 steps
7:35-7:41 - Paul 171 steps
7:37 - Paul getting texts and snapchats
7:39:55 - Paul's phone records video of Alex at the tree?
7:41-7:48 - Alex takes 29 steps
7:45-7:55 - Paul phone location data showing him at kennels, 89 steps traveled
7:50 - Maggie's phone pings in Walterboro on way home from Charleston.
7:52 - Paul's battery at 7% (Previous testimony, Paul continued to used phone on low battery
7:55-8:05 - Paul 262 steps, Alex 270 steps

2 hours ago

6:42 - Alex arrives at Moselle.
6:43 - Maggie missed call from Alex
6:52 - Alex calls Terry Branstetter
6:52 - Paul calls John Marvin
7:00 - Paul texts CB Rowe about the dead sunflowers needing to be plowed under
7:02 - Maggie calls Alex
7:03 - Alex takes 165 steps
7:04 - Paul arrives home
7:05 - Maggie calls Marian back
7:05 - Alex texts Maggie asking her to call after pedicure
7:05 - Maggie calls Paul, 1:31
7:05 - Alex calls Paul at same time
7:07 - Maggie calls Marian

2 hours ago

6:40 - Paul called Alex and talked for 2 minutes.

2 hours ago

Alex Murdaugh's cell phone didn't ping off any towers between 6:52 and 9:04 p.m.

2 hours ago

6:25 - Alex Murdaugh gets call from "Jay Parker."

More calls and texts recorded from Paul and Rogan Gibson to various people.

2 hours ago

6:23 - Alex's SUV starts up and phone connects.

2 hours ago

6:17 p.m. - Paul's phone pinging off cell towers near Beaufort, moving toward Moselle.
6:20 - Maggie gets call from sister Marian, texts back can't talk, getting foot massage.
6:23 - Paul and Maggie text about what Blanca cooked. Country fried steak and mac and cheese

2 hours ago

Timeline begins 6:04 p.m., June 7, 2021.
Paul calls his friend Will Loving.
6:08 - Paul calls Alex, 1 second. Doesn't show up in Alex's phone data, but does show up in Verizon records.
6:09 - Maggie texts Paul saying she's getting a foot massage, and saying Blanca cooked him dinner.

2 hours ago

Rudofski is about to present a comprehensive timeline from cell phone and vehicle data of Paul, Maggie and Alex Murdaugh, plus call records from phones of Rogan Gibson and Buster Murdaugh. PMPED building access log, 911 calls, GM OnStar data, Dylan Hightower's first extraction of Alex Murdaugh's phone.

2 hours ago

Judge Newman notes for the record the jury sent him a note yesterday saying they thought they'd get to elect their own foreperson. He says he explained his policy is to appoint, but that no one juror has more authority than another. He wanted that on the record.

2 hours ago

Back in session. Creighton Waters says he has no more witnesses to call after Rudofski and State will rest. Harpootlian says he expects to begin calling first Defense witnesses with two short witnesses followed by a long one, but that may wait until court resumes on Tuesday.

2 hours ago

Court in recess for brief break.

2 hours ago

Murdaugh arrives home at 10:00 p.m. At 10:05, he begins driving toward kennels. At 10:06, he called 911.

2 hours ago

Rudofski says as a law enforcement officer, even running code with lights and sirens on, he wouldn't drive 80 mph on the roads Murdaugh was taken due to road conditions, deer population. Notes the speed limit on all roads Murdaugh took is 55mph. He notes again Murdaugh went faster on both the leaving and return trip to and from Moselle to Almeda on the night of June 7 than he had going to or leaving for work earlier in the day.

2 hours ago

9:51 approaching Varnville, reaches 74 mph. 70 mph on Hwy 63 at 9:54. 9:59 he's doing 57 mph in area he was doing around 45 earlier. Max speed on drive back to Moselle 80 mph, avg speed 46 (which included pause for one minute at Almeda).

2 hours ago

9:22:39, he parks. 9:43:18 the vehicle starts driving again. Car pauses about halfway down the driveway for around one minute. 9:45:22, leaves driveway and begins driving home.

2 hours ago

Arrives at Almeda property at 9:22:06. GPS shows Alex drove over toward outbuildings first, not to parking area beside house.

2 hours ago

Max speed of 74 mph on drive to Almeda, avg. speed 51 mph. Both higher than two previous drives that day.


3 hours ago

Murdaugh leaves Moselle for Almeda at 9:07:06 p.m.
9:08:36 - Cross reference with Maggie's final phone location, traveling 42 mph. He stays under 50 mph for another minute or so. Gets up to 54 mph on Moselle Road. Then onto Dobson Road. Gets up to 68, 69, 70 mph on Hwy 63 during drive coming into Varnville.

3 hours ago

Murdaugh left work at 6:24 p.m. Arrived back at Moselle at 6:42 p.m. Average speed 41 mph, max speed, 54 mph.

3 hours ago

Murdaugh left for work at 12:06 p.m. Arrives at law firm at 12:24. Max speed was 65 mph, average speed was 37 mph.

3 hours ago

4820 OnStar location data points between Moselle and Almeda from June 7, 2021.

3 hours ago

Next on the stand, SLED agent Peter Rudofski. He's analyzing vehicle data from Murdaugh's SUV. He's going to review the OnStar location and speed data from Murdaugh's Suburban against the telemetry data mined by the FBI. The OnStar data will largely be the same as the FBI data, but more precise.

3 hours ago

Harpootlian asks if Kelly had known Murdaugh was on drugs and had injuries, would he still have asked him questions? Kelly says yes, he appeared coherent and he was the victim of a crime. He needed Murdaugh's statements to see if they matched up with his EMS statements and 911 call (which they did).

3 hours ago

Moving forward in re-cross. Kelly notes Murdaugh didn't appear to be under influence of narcotics on first visit to hospital. He was walking around, on his cell phone, seemed competent. But Harpootlian has Kelly note he didn't ask any doctors if Murdaugh was competent and what medicines he was on according to his medical records (opioids and benzodiazepines). Harpootlian won't allow Kelly to explain, demanding yes or no. More repeated objections. Finally Creighton Waters objects to Harpootlian badgering Kelly. Judge Newman sustains objection. Kelly finally explains he didn't ask doctors about Murdaugh's medical condition at the time of the first interview because HIPPA wouldn't allow the doctors to discuss that with SLED and he knew that. They had to subpoena the records, which SLED did, and later got Murdaugh's medical info. But there was no point in asking doctors about Murdaugh's medical condition.

3 hours ago

Harpootlian asks if Kelly tried to go visit Murdaugh before the Sept. 13 while still in rehab under the auspices of wanting to show Murdaugh a photo of the truck. After significant back and forth and objections and rephrasing of questions, Kelly says yes, that's one of the reasons he'd given Murdaugh's brother, Randy, for wanting to see Murdaugh in rehab. Kelly says they had reason to believe Murdaugh was lying and SLED was trying to get more information. But Harpootlian has Kelly also admit Harpootlian had told him prior to that time Murdaugh was in detox and couldn't be disturbed or give competent answers while still on drugs.

3 hours ago

Kelly confirms to Waters the Moselle murders weren't brought up in the Sept. 13 interview, and the financial crimes came up organically during the interview despite a stipulation agreed upon beforehand with Harpootlian he wasn't going to ask about that.

3 hours ago

Kelly confirms to Waters the Moselle murders weren't brought up in the Sept. 13 interview, and the financial crimes came up organically during the interview despite a stipulation agreed upon beforehand with Harpootlian he wasn't going to ask about that.

3 hours ago

Kelly says Murdaugh voluntarily agreed to talk to him Sept. 4, responded appropriately to questions, appeared to understand questions. Same thing Sept. 6. Gave consistent answers. Was not in custody.

3 hours ago

Waters says he will stick to the agreement and keep the questions about the first hospital interview very basic.

3 hours ago

As re-direct exam begins, Creighton Waters begins asking Kelly about the circumstances of Kelly's first interview with Murdaugh in the hospital on Sept. 4, since Harpootlian brought it up in cross exam. Harpootlian objects immediately. He wants to make sure Waters sticks to agreement from Thursday only to go into summary of details from first interview because Murdaugh had opiates and barbiturates in his system at that time, some administered by the hospital. Harpootlian feels Murdaugh wasn't competent to give answers because of that, and he wants doctors brought in to testify to that if Waters doesn't stick to the agreement.

3 hours ago

Harpootlian asks Kelly if the interview on Sept. 13 was voluntarily, and "nobody put a gun to (Murdaugh's) head to do the interview.

Harpootlian asks Kelly if it's true Murdaugh was later indicted on 90 financial crimes and faces life in prison without parole. Waters objects based on South Carolina Evidence Rule 401 ("Relevance"). Newman sustains the objection.
Updated: 3 hours ago

3 hours ago

Kelly brings up how at the time of the third interview, SLED knew about the checks Murdaugh sent to Eddie Smith, and confirms Murdaugh's financial crimes were already under investigation. Kelly wasn't personally investigating that at the time, but knew about it and turned over to other agents what he learned from Murdaugh about the financial crimes during the third interview.

3 hours ago

Harpootlian asking if Kelly was only investigating the roadside shooting the three times he spoke to Murdaugh after the Sept. 4 incident. Kelly confirms, says Murdaugh was considered a victim of a violent crime in the first two interviews.

3 hours ago

Harpootlian notes how Murdaugh was granted bond on the insurance fraud and other charges related to the roadside shooting on Sept. 14, then was allowed to go back to Orlando to rehab.

3 hours ago

Apparently Murdaugh was supposed to drive from the rehab facility in Orlando directly to Hampton to surrender to Dick Harpootlian's custody and turn himself in for charges. Buster was driving. SLED arrested Murdaugh pulling into his mother's house in Almeda, against the arrangement he had to drive directly to meet with Harpootlian and SLED.

3 hours ago

Harpootlian rehashing the sequence of events after the phone call in which Murdaugh admitted he had staged the roadside shooting.

4 hours ago

Harpootlian has Kelly acknowledge he at least knew Murdaugh had been shot in the head because he told Marian Proctor so in a phone call the day of the shooting.

4 hours ago

Harpootlian has Kelly acknowledge he at least knew Murdaugh had been shot in the head because he told Marian Proctor so in a phone call the day of the shooting.


4 hours ago

Harpootlian establishing that Murdaugh was shot in the head, suffered a "furrow" wound along the top of his head, skull fracture and subdural hematoma (brain bleed). Kelly was not aware of the extent of Murdaugh's injuries when he arrived at the Savannah Hospital and spoke to Murdaugh.

4 hours ago

We begin with cross examination by Dick Harpootlian of SLED Sr. Special Agent Ryan Kelly.

 

Friday - Day 20​

2/17/23 - live trial blog​

First Witness: Ryan Kelly returns to the stand​

We begin with cross examination by Dick Harpootlian of SLED Sr. Special Agent Ryan Kelly.

Harpootlian establishing that Murdaugh was shot in the head, suffered a "furrow" wound along the top of his head, skull fracture and subdural hematoma (brain bleed). Kelly was not aware of the extent of Murdaugh's injuries when he arrived at the Savannah Hospital and spoke to Murdaugh.

Harpootlian has Kelly acknowledge he at least knew Murdaugh had been shot in the head because he told Marian Proctor so in a phone call the day of the shooting.

Harpootlian rehashing the sequence of events after the phone call in which Murdaugh admitted he had staged the roadside shooting.

Apparently Murdaugh was supposed to drive from the rehab facility in Orlando directly to Hampton to surrender to Dick Harpootlian's custody and turn himself in for charges. Buster was driving. SLED arrested Murdaugh pulling into his mother's house in Almeda, against the arrangement he had to drive directly to meet with Harpootlian and SLED.

Harpootlian notes how Murdaugh was granted bond on the insurance fraud and other charges related to the roadside shooting on Sept. 14, then was allowed to go back to Orlando to rehab.

Harpootlian asking if Kelly was only investigating the roadside shooting the three times he spoke to Murdaugh after the Sept. 4 incident. Kelly confirms, says Murdaugh was considered a victim of a violent crime in the first two interviews.

Kelly brings up how at the time of the third interview, SLED knew about the checks Murdaugh sent to Eddie Smith, and confirms Murdaugh's financial crimes were already under investigation. Kelly wasn't personally investigating that at the time, but knew about it and turned over to other agents what he learned from Murdaugh about the financial crimes during the third interview.

Harpootlian asks Kelly if the interview on Sept. 13 was voluntarily, and "nobody put a gun to (Murdaugh's) head to do the interview.

Harpootlian asks Kelly if it's true Murdaugh was later indicted on 90 financial crimes and faces life in prison without parole. Waters objects based on South Carolina Evidence Rule 401 ("Relevance"). Newman sustains the objection.

As re-direct exam begins, Creighton Waters begins asking Kelly about the circumstances of Kelly's first interview with Murdaugh in the hospital on Sept. 4, since Harpootlian brought it up in cross exam. Harpootlian objects immediately. He wants to make sure Waters sticks to agreement from Thursday only to go into summary of details from first interview because Murdaugh had opiates and barbiturates in his system at that time, some administered by the hospital.

Harpootlian feels Murdaugh wasn't competent to give answers because of that, and he wants doctors brought in to testify to that if Waters doesn't stick to the agreement.

Waters says he will stick to the agreement and keep the questions about the first hospital interview very basic.

Kelly says Murdaugh voluntarily agreed to talk to him Sept. 4, responded appropriately to questions, appeared to understand questions. Same thing Sept. 6. Gave consistent answers. Was not in custody.

Kelly confirms to Waters the Moselle murders weren't brought up in the Sept. 13 interview, and the financial crimes came up organically during the interview despite a stipulation agreed upon beforehand with Harpootlian he wasn't going to ask about that.

Harpootlian asks if Kelly tried to go visit Murdaugh before the Sept. 13 while still in rehab under the auspices of wanting to show Murdaugh a photo of the truck. After significant back and forth and objections and rephrasing of questions, Kelly says yes, that's one of the reasons he'd given Murdaugh's brother, Randy, for wanting to see Murdaugh in rehab.

Kelly says they had reason to believe Murdaugh was lying and SLED was trying to get more information. But Harpootlian has Kelly also admit Harpootlian had told him prior to that time Murdaugh was in detox and couldn't be disturbed or give competent answers while still on drugs.

Moving forward in re-cross. Kelly notes Murdaugh didn't appear to be under influence of narcotics on first visit to hospital. He was walking around, on his cell phone, seemed competent.

But Harpootlian has Kelly note he didn't ask any doctors if Murdaugh was competent and what medicines he was on according to his medical records (opioids and benzodiazepines).

Harpootlian won't allow Kelly to explain, demanding yes or no. More repeated objections. Finally Creighton Waters objects to Harpootlian badgering Kelly.

Judge Newman sustains objection. Kelly finally explains he didn't ask doctors about Murdaugh's medical condition at the time of the first interview because HIPPA wouldn't allow the doctors to discuss that with SLED and he knew that. They had to subpoena the records, which SLED did, and later got Murdaugh's medical info. But there was no point in asking doctors about Murdaugh's medical condition.

Harpootlian asks if Kelly had known Murdaugh was on drugs and had injuries, would he still have asked him questions? Kelly says yes, he appeared coherent and he was the victim of a crime. He needed Murdaugh's statements to see if they matched up with his EMS statements and 911 call (which they did).

Next witness: Peter Rudofski​

Next on the stand, SLED agent Peter Rudofski. He's analyzing vehicle data from Murdaugh's SUV. He's going to review the OnStar location and speed data from Murdaugh's Suburban against the telemetry data mined by the FBI.

The OnStar data will largely be the same as the FBI data, but more precise.

Murdaugh Murders Timeline of Events by Bailey Wright on Scribd

4820 OnStar location data points between Moselle and Almeda from June 7, 2021.

  • Murdaugh left for work at 12:06 p.m. Arrives at law firm at 12:24. Max speed was 65 mph, average speed was 37 mph.
  • Murdaugh left work at 6:24 p.m. Arrived back at Moselle at 6:42 p.m. Average speed 41 mph, max speed, 54 mph.
  • Murdaugh leaves Moselle for Almeda at 9:07:06 p.m.
  • 9:08:36 - Cross reference with Maggie's final phone location, traveling 42 mph. He stays under 50 mph for another minute or so. Gets up to 54 mph on Moselle Road. Then onto Dobson Road. Gets up to 68, 69, 70 mph on Hwy 63 during drive coming into Varnville.
  • Max speed of 74 mph on drive to Almeda, avg. speed 51 mph. Both higher than two previous drives that day.
  • Arrives at Almeda property at 9:22:06. GPS shows Alex drove over toward outbuildings first, not to parking area beside house.
  • 9:22:39, he parks. 9:43:18 the vehicle starts driving again. Car pauses about halfway down the driveway for around one minute. 9:45:22, leaves driveway and begins driving home.
  • 9:51 approaching Varnville, reaches 74 mph. 70 mph on Hwy 63 at 9:54. 9:59 he's doing 57 mph in area he was doing around 45 earlier. Max speed on drive back to Moselle 80 mph, avg speed 46 (which included pause for one minute at Almeda).
Rudofski says as a law enforcement officer, even running code with lights and sirens on, he wouldn't drive 80 mph on the roads Murdaugh was taken due to road conditions, deer population. Notes the speed limit on all roads Murdaugh took is 55mph. He notes again Murdaugh went faster on both the leaving and return trip to and from Moselle to Almeda on the night of June 7 than he had going to or leaving for work earlier in the day.

  • Murdaugh arrives home at 10:00 p.m. At 10:05, he begins driving toward kennels. At 10:06, he called 911.


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Evidence shared in the Murdaugh murder trial on Feb. 17, 2023. Timeline information on the day of the murders, June 7, 2021. (Screengrab from CourtTV livestream)


Back in session after a brief break. Creighton Waters says he has no more witnesses to call after Rudofski and State will rest. Harpootlian says he expects to begin calling first Defense witnesses with two short witnesses followed by a long one, but that may wait until court resumes on Tuesday.

Judge Newman notes for the record the jury sent him a note yesterday saying they thought they'd get to elect their own foreperson. He says he explained his policy is to appoint, but that no one juror has more authority than another. He wanted that on the record.

Rudofski is about to present a comprehensive timeline from cell phone and vehicle data of Paul, Maggie and Alex Murdaugh, plus call records from phones of Rogan Gibson and Buster Murdaugh. PMPED building access log, 911 calls, GM OnStar data, Dylan Hightower's first extraction of Alex Murdaugh's phone.

Timeline begins 6:04 p.m., June 7, 2021.

Paul calls his friend Will Loving.

  • 6:08 - Paul calls Alex, 1 second. Doesn't show up in Alex's phone data, but does show up in Verizon records.
  • 6:09 - Maggie texts Paul saying she's getting a foot massage, and saying Blanca cooked him dinner.
  • 6:17 p.m. - Paul's phone pinging off cell towers near Beaufort, moving toward Moselle.
  • 6:20 - Maggie gets call from sister Marian, texts back can't talk, getting foot massage.
  • 6:23 - Paul and Maggie text about what Blanca cooked. Country fried steak and mac and cheese
  • 6:23 - Alex's SUV starts up and phone connects.
  • 6:25 - Alex Murdaugh gets call from "Jay Parker."
More calls and texts recorded from Paul and Rogan Gibson to various people.

Alex Murdaugh's cell phone didn't ping off any towers between 6:52 and 9:04 p.m.

  • 6:40 - Paul called Alex and talked for 2 minutes.
  • 6:42 - Alex arrives at Moselle.
  • 6:43 - Maggie missed call from Alex
  • 6:52 - Alex calls Terry Branstetter
  • 6:52 - Paul calls John Marvin
  • 7:00 - Paul texts CB Rowe about the dead sunflowers needing to be plowed under
  • 7:02 - Maggie calls Alex
  • 7:03 - Alex takes 165 steps
  • 7:04 - Paul arrives home
  • 7:05 - Maggie calls Marian back
  • 7:05 - Alex texts Maggie asking her to call after pedicure
  • 7:05 - Maggie calls Paul, 1:31
  • 7:05 - Alex calls Paul at same time
  • 7:07 - Maggie calls Marian
  • 7:09 - Maggie calls her mom
  • 7:14-7:15 - Paul and Alex both take about 200 steps.
  • 7:18 - Alex tells CB Rowe to call him
  • 7:25-7:34 - Paul 139 steps
  • 7:28-7:37 - Alex 47 steps
  • 7:35-7:41 - Paul 171 steps
  • 7:37 - Paul getting texts and snapchats
  • 7:39:55 - Paul's phone records video of Alex at the tree?
  • 7:41-7:48 - Alex takes 29 steps
  • 7:45-7:55 - Paul phone location data showing him at kennels, 89 steps traveled
  • 7:50 - Maggie's phone pings in Walterboro on way home from Charleston.
  • 7:52 - Paul's battery at 7% (Previous testimony, Paul continued to used phone on low battery
  • 7:55-8:05 - Paul 262 steps, Alex 270 steps
  • 7:57 - Paul receives reply from Bryan Murdaugh about Snapchat video, saying they need straps on the tree.
  • 8:05 - Paul's phone begins moving from cabin near kennels toward the main house.
  • 8:08-8:14 - Paul's phone location at main residence
  • 8:05-8:09 - Alex 54 steps
  • 8:05-8:15 - Paul 303 steps
  • 8:07 - Paul sends snapchat to several friends.
  • 8:11-8:31 - Maggie's iPhone locked.
  • 8:13 - CB Rowe is in the Augusta, Georgia area.
  • 8:14-8:35 - Paul's phone location at main house
  • 8:15-8:21 - Paul 140 steps.
  • 8:17 - Maggie unplugs phone, believed she's at Moselle by this point.
  • 8:17-8:18 - 38 steps by Maggie
  • 8:19 - Paul's phone connects to wi-fi, he's sending / receiving snapchats with friends
  • 8:23-8:30 - Paul texting, Snapping with friends.
  • 8:30-8:33 - Maggie 38 steps
  • 8:31 - John Marvin group text to Maggie, Alex and family about going to visit Randolph in hospital.
  • 8:31 - Maggie phone unlocked, orientation to vertical, reads message from Alex's sister Lynn, locks again until 8:49.
  • 8:32-8:42 - Paul 283 steps
  • 8:38 - Paul phone located at kennels
  • 8:40 - Paul calls Rogan
  • 8:44 - Paul Facetimes Rogan, creates kennel video after it ends.
  • 8:47-8:48 - Paul texting
  • 8:49:01 - Paul's phone locks for the final time
  • 8:49:26 - Maggie's phone unlocks, reads text message
  • 8:49:31 - Maggie's phone locks for the final time.
  • 8:49:35 - Paul text from Rogan, never read.
Waters has Rudofski note how at 8:44 video records Alex's voice in the background, 8:49 phones lock forever, Alex said in multiple interviews he was never at the kennels.

  • 8:53-8:55 - Maggie's phone records 59 steps, various orientation changes
  • 8:55:48 - Maggie's phone records internal snapshot of app activity, normal activity. (Waters has Rudofski call back to Alex taking 54 steps between 8:05-8:09)
  • 9:02-9:06 - Alex's phone wakes up, 286 steps traveled
Rudofski now reviewing pace & step spreadsheets for Paul, Maggie, and Alex Murdaugh.



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Evidence shared in the Murdaugh murder trial on Feb. 17, 2023. Timeline information on the day of the murders, June 7, 2021. (Screengrab from CourtTV livestream)


Looking at Alex's phone: 283 steps starting at 6:52 at 29 steps per minute, then 283 steps at 9:02 but this time 70 steps per minute. Rudofski notes this is "far in excess" of his other steps per minute.

  • 9:03 - Alex's SUV system computer boots up.
  • 9:03-9:04 - Maggie's iPhone backlight on
  • 9:04 - Alex calls Maggie's phone
  • 9:05 - Alex calls Randolph Murdaugh
  • 9:06:15-9:06:52 - Maggie's phone orientation changes from vertical to horizontal. Receives incoming call from Alex. Final orientation change. Suburban begins driving. Alex calls Maggie again. Alex's phone connects to SUV.
  • 9:07 - Maggie's phone backlight turns off for next 30 minutes. Alex leaves the house without driving down to kennels despite two calls to Maggie.
  • 9:08:42 - Alex's SUV doing 45 mph at location where Maggie's phone was found next day.
  • 9:08:58 - Alex texts Maggie saying he's going to his mom's.
  • 9:10-9:18 - Alex starts calling people. Buster, Chris Wilson, John Marvin
  • 9:14 - CB Rowe's phone shows he's at his home near Brunson and Fairfax.
  • 9:21 - CB Rowe calls Alex, no answer
  • 9:22:39-9:32:14 - Alex arrives at Almeda, phone shows 195 steps
  • 9:24 - Alex calls the landline phone at his mom's house
  • 9:29 - Rogan Gibson calls Paul's phone
  • 9:31 - Maggie's phone backlight turns on and off.
  • 9:34 - Rogan texts Maggie to have Paul call him, backlight on then off
  • 9:35-9:45 - Alex 60 steps
  • 9:43 - Alex's phone connects to SUV, SUV begins moving back toward Moselle
  • 9:45 - Alex calls Maggie's phone
  • 9:47 - Alex texts Maggie
  • 9:52-9:53 - Alex texts Chris Wilson, going 80 mph, Alex receives calls from Chris Wilson
  • 9:56-10:06 - Alex's phone 231 steps (911 call at 10:06)
  • 10:00:56 - Alex's SUV pulls into Moselle driveway
  • 10:03 - Alex calls Maggie's phone.
  • 10:05 - Alex's SUV starts driving to kennels.
  • 10:05:57 - Alex arrives at kennels
  • 10:06:14 - Alex calls 911
(Waters has Rudofski say only 20 seconds passed between Alex arriving at the kennels in the SUV and calling 911, and brings up how Alex told law enforcement he went up and checked the bodies for a pulse when he arrived.)

  • 10:17 - 911 call ends, Alex calls Randy
  • 10:18 - Alex texts Randy "Pls call me, emergency"
  • 10:18 - Paul's phone backlight comes on, last text from Rogan had been at 9:58
  • 10:18-10:28 - Alex 525 steps
  • 10:19 - Alex calls Randy & John Marvin
  • 10:20 - Paul's phone screen comes on, "AutoLock" engages (could be because it didn't recognize face.)
  • 10:21 - Alex calls Rogan
  • 10:22 - Alex receives group text photo from Michael Gunn (Forge Consulting) of woman in bikini. He read that text at 10:38 p.m., despite not reading until the next day a text from his brother earlier about visiting his dad in the hospital.
  • 10:24 - Alex calls Rogan, then texts him to "Call me"
  • 10:25 - Alex attempts to Facetime Rogan
(Rudofski notes Murdaugh attempted to call Rogan multiple times after the phone screen activated at 10:20, and Paul's phone was found on top of his body. Alex admitted touching it and trying to do "something" with it in law enforcement investigations.)

State now presenting texts from Alex's phone predating murders.

May 6, 10:52 p.m. - Paul texts Alex saying they need to talk, because Mom (Maggie) told him she found several bags of pills in Alex's computer bag



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Evidence shared in the Murdaugh murder trial on Feb. 17, 2023. Shows a message from Paul to Alex about a month before the murders. (Screengrab from CourtTV livestream)


May 26, 2021 - Maggie's phone internet history shows her doing a web search for several types of pills.

June 3, 2021 - Alex sends text message to former Palmetto State Bank CEO (now convicted in federal bank fraud conspiracy involving Murdaugh due to decade-long theft and fraud scheme). Text reads Alex is asking Russell to extend him another $600K line of credit, and his dad will co-sign it.

Waters concludes questioning of Rudofski by showing two photos extracted from Maggie's phone: One of Maggie and Marian Proctor, her sister. The other is Maggie, Paul and Buster.

Court is in recess for lunch until 2:15 p.m.

Cross-examination begins after lunch.

He begins by asking how long Alex's drive from Moselle to Almeda took the night of the murders. About 16 minutes going. Then on the drive back, he drove faster, but the overall drive back took 18 minutes.

Barber notes how SLED agents Owen and Rudofski test drove the route during the day recently, and it took them 17.5 minutes.

Barber describes Murdaugh hitting 80 mph as only a short burst.

Barber asks if it would be unusual for someone to get on a rural road and "give it a little gas" on a straightaway. Rudofski balks at this, noting 80 in a 55 at night with deer and other environmental factors isn't "giving it a little gas."

Murdaugh appears to be diligently writing and looking at data as Rudofski is being questioned.

Barber has Rudofski agree how Murdaugh was gently accelerating before and after he passed the location where Maggie's phone was found on the way to Almeda, didn't appear to slow down or stop.

Barber is grilling Rudofski over the position of Murdaugh's vehicle coming up to the scene, the direction of his headlights and if he could've seen Maggie and / or Paul's bodies before he arrived fully at the scene and got out of the vehicle. Rudofski says it's possible but he's unsure since he wasn't there or driving that night.

Rudofski says it's most likely based on where the bodies were located that Alex would've seen Maggie's body while pulling up if he saw any body. Barber sets a timer for 20 seconds in the courtroom. After it goes off, Barber asks Rudofski if 20 seconds would be an unreasonable amount of time for someone to go check on Maggie and Paul and then call 911 if he'd seen their bodies on the ground before he ever parked the car.

Rudofski says he is not the right person to attempt to answer that question about 20 seconds being enough time to call 911, he only plots the data. Barber says fair enough.

Barber now noting how there appears to be a missing data point for an orientation change on Maggie's phone. Data shows it switched to vertical, and the next orientation change also shows switching to vertical. A horizontal change is missing somewhere in between.

Barber is generally asking Rudofski about what he's trying to suggest are shortcomings or omissions in his timeline, and why his timeline was produced the way it was.

Why didn't he included distance data with steps? He says he's been told it's unreliable, wasn't asked to include it. Would feet per step be relevant? Would speed be relevant? Were Maggie or Alex walking particularly fast or slow? Rudofski says he wasn't asked for that and thus didn't include it. Why did he include steps per minute? He says it's just another way to present the data.

Barber notes Rudofski didn't include the data points about Maggie's Siri activating and her camera activating. Barber notes previous experts noted how they didn't know what caused the Siri/camera activation.

Barber asks if it's fair to say the data cannot say when Maggie and Paul died, only when the phone activity stopped. Alternatively, the longer there's no activity, the more it would suggest they were dead, but hard to say from phone when they were actually dead. Rudofski agrees.

Barber brings up how David Owen said it would take around five to 10 minutes to get rid of evidence already wrapped up once on the Almeda property, but then quickly transitions away to something else.

Barber asks how long it would take to get from the kennels to the house or vice versa at Moselle. Barber suggests it would be about five minutes walking, a minute and 15 seconds driving.

Barber points out how activity on Maggie's phone ends at 8:55 p.m., and Alex's phone starts moving around 9:02 p.m. Would this be enough time for Alex to kill Maggie and Paul, get rid of evidence and get up to the house? Rudofski points out Barber is ignoring the phone locked at 8:49 p.m. But Barber counters by saying there were steps recorded on the phone from 8:53 to 8:55, orientation changes, plus the Siri and camera activation.

Barber also points out that SLED didn't check the speed at which Maggie's phone was moving during those steps. Rudofski points out again speed and distance on phones aren't exact, they're estimations.

Barber again repeats a line he's used several times: the reason why the camera activated was "knowable," but none of the cell phone technical experts ever dug in to figure out why for sure the camera activated. (If I remember correctly, the experts testified a number of things could've triggered the camera to open and close briefly, but they couldn't say why -- not that it was "knowable" but they didn't check).

Barber uses this as a point to suggest Maggie could've been trying to take a picture of the killers, and that's why they took her phone and not Paul's. Rudofski says his inference would be instead that the phone camera was trying to recognize a face to unlock but didn't see one, so it quickly turned back off.

Barber points out how Paul's phone on low battery wasn't lighting up after 8:49 p.m. thus potentially not prompting him to look at his phone.

Barber shifts gears to the idea of Alex or someone potentially looking at Paul's phone when the screen came on around 10:18 and 10:20 (at which time Murdaugh could've seen the notification from Rogan Gibson and immediately started calling him). Barber tries to say data shows Alex was walking at this time. Rudofski says the steps are logged in 10 minute time frames, it doesn't mean someone is walking every second of those 10 minutes.

Barber notes Rogan wasn't technically the first person Alex called after Paul's phone screen came on at 10:18. He called his brothers first and 2 minutes went by before the second screen activation and calls to Rogan.

Barber asks Rudolfski to suppose Alex did pick up Paul's phone and see a notification from Rogan Gibson indicating a missed call at 10:08 and missed text message at 9:53. Barber asks would it be unreasonable for someone to begin (after calling other family members) also calling their dead son's best friend and ask questions maybe? Rudofski says yes, that would be very odd. Standing over his dead son and wife, seeing that for the first time, he thinks it would be odd. Also odd for someone to be on their phone constantly like Alex appears to have been. He'd bee in a state of shock.

Barber tries to say Murdaugh read a spam text message. Rudofski says it wasn't a spam text, it was from his friend Michael Gunn. They note how Alex googled the name of a restaurant at Edisto Beach and also called a videographer he hadn't spoken to in years in the immediate aftermath. Rudofski won't back down on his point Alex's behavior to him is very unusual. He personally would've only been focused on his loved ones.

Barber points out Alex's phone is logging steps from 9:02 to 9:06, but Maggie's is not. Is there any evidence the phones were moving together, as in being carried by the same person. Barber and Rudofski both posit inferences. Barber says someone else could've had it and saw Alex's incoming call then tossed it out the window. Rudofski says Alex could've been holding it in hand while calling it with his other hand. It's all how you interpret the data.

Barber introduces text from Alex to Maggie on May 7. "I am very sorry that I do this to all of you. I love you." Barber says this suggests this must prove Alex is aware his family knows about his drug problems and they support him. Rudofski says it's evident they know, but notes Maggie didn't respond to that text. It's unclear if she supported him or not. He'd have to see more texts. Barber promises there will be more texts, no further questions.

In redirect examination, Waters notes again how Alex's vehicle paused in the driveway at Almeda, which would've impacted the overall time and average speed of the return trip.

Rudofski notes Maggie's phone backlight was off and phone locked from 9:07 to 9:34 p.m.

Notes how Maggie's phone recorded 59 steps between 8:53 and 8:55 p.m. No way to know who was holding phone. Notes how Paul's phone screen came on and auto-locked around 10:20 p.m. His understanding of auto-lock could be from not recognizing a face or from pressing the lock button on the side. Notes how Murdaugh immediately called Rogan after the phone screen came on at 10:20 p.m. Nothing further from the State.

Barber in re-cross suggest Alex could've been passing someone on the highway on the way to and from Almeda the night of the murders. Rudofski says there's no evidence of that. Pure speculation by Barber.

State rests.

Defense asks for directed verdict of not guilty because state failed to prove Alex killed Maggie and Paul, and there was insufficient of evidence he was at the crime scene or even Maggie and Paul's times of death. Creighton Waters presents comprehensive rebuttal with a list of state's circumstantial evidence and motive evidence.

Judge Newman rules against the Defense's motion for directed verdict, ruling there is sufficient evidence to support a guilty verdict for Alex Murdaugh should a jury believe such is true. Motion denied.



Defense's first witness: Richard Harvey​

Defense's first witness, Colleton County Coroner Richard Harvey.

Harvey determined approximate time of death on Maggie and Paul as 9 p.m. He arrived at the scene at 11:04 p.m. He went to the bodies and put his hands in the armpits to see how warm they were, and checked them for rigor mortis. No rigor noted, meaning they'd been dead less than 3 hours. Notes his time of death was strictly an estimation based on warmth and rigor. Could've been shot anytime 8 and 10 p.m.

He says sometimes he'll do a rectal thermometer reading, but doesn't tend to do that when a bunch of people are around like they were at the scene. No further questions from Defense.

Don Zelenka doing cross for State. Harvey concedes temperature is the best way to determine time of death, with a standard of about 1.5 degrees of body temperature drop per hour after death. Environmental factors can influence this. Nothing further from the State.

In brief redirect, Harpootlian has Harvey note nobody from law enforcement asked him about time of death on scene.



Next witness: Shalane Tindal​

Now on the stand, Public Information Officer for the Colleton County Sheriff's Office.

Harpootlian asks Tindal about the statement on June 8, 2021 saying there was "at this time there is no threat to the public," and the public would be notified if anything changed. Tindal notes she didn't originate the statement, it was produced in concert with the sheriff's office and SLED.

Tindal confirms she released the statement in coordination with SLED's PIO. She emailed it and SLED signed off on it. The language was removed by SLED in later releases, but they never said there was in fact any danger to the public.

John Meadors in cross for the state. Tindal notes the second release by SLED without the "no threat to the public" later on the 8th. No further questions.

Humorous exchanges with Tindal between State and Defense on the stand. Harpootlian noted her last name was Lowes on the original press release.

She said she got married, guesses somebody decided to like her. Meadors when he began cross exam noted he missed that, did she say she'd gotten married? Tindal asked "Why, are you trying to court me?" Huge laugh from the courtroom.

Meadors says no, he's happily married but hard of hearing. Meadors concludes, congratulates her. "Thank you, sir, I 'preciate ya.'" In brief redirect, Harpootlian asks if she thought Meadors was proposing? "I don't know?" "I'm just picking."

Court will resume 9:30 a.m. Tuesday morning. There will be no court on Monday due to President's Day.
 

2/17/23: LIVE TRIAL BLOG -- DAY 20, pm

6 hours ago

Tindal steps down from the stand. The defense will not call another witness today. Court resumes Tuesday morning at 9:30 a.m.

6 hours ago

Tindal says the second release was released a few hours later with the information.

7 hours ago

Tindal says the updated release removed the language about no threat to the public but did not add there was a threat

7 hours ago

Tindal says the statement was a coordinated release between Colleton Co. Sheriff's Office and SLED.

7 hours ago

Harpootlian starts by asking Tindal about the "no threat to the public" statement printed in the media.

7 hours ago

Shalane Tindal, Colleton County Sheriff's Office Public Information Officer, is the next witness for the defense.


7 hours ago

The prosecution is up for cross examination.
They establish that Harvey did not take actual temperatures from the bodies.

7 hours ago

Harvey concludes they could have been killed between 8 and 10 p.m.

7 hours ago

Harvey says the 9 p.m. was an estimation based on the body temp.

7 hours ago

"I simply, put my hands in their armpits to determine how warm they are," Harvey says.

7 hours ago

Harvey's report determined time of death as 9 p.m.

7 hours ago

Harvey says the scene had not been processed by SLED when he was there.

7 hours ago

Harvey says he arrived at Moselle around 11:04 p.m. Was notified at 10:30 p.m.
Says he photographed the scene.

7 hours ago

Coroner Richard Harvey is the first witness up for the defense.

7 hours ago

Motion for the directed verdict is denied. Defense calls their first witness.

7 hours ago

Judge Newman is now hearing a defense motion for a directed verdict.
Jim Griffin argued that the state can put Murdaugh at the scene before the murders but not during the murders and that they can't prove an actual time of death

7 hours ago

The state has rested their case 20 days in.

7 hours ago

Recross is complete.

7 hours ago

Barber asks if the speed peak on the way home could have been Murduagh passing another car.
Rudofski says there's no way to know.

7 hours ago

Waters points out steps logged on Maggie's phone asks if the data says who took the steps.

Rudofski says no.

Rudofski says his job was to take all the data collected and put it together in one timeline.

7 hours ago

Waters points out a pause on the return trip from Almeda. Rudofski says it would affect the average speed and the time.

8 hours ago


Barber argues that this shows they're loving and supportive despite Murdaugh's drug addiction.
Rudofski points out that this is a message from Alex to Maggie.

8 hours ago

Barber: Do we have any evidence that her phone and his phone ever moved together?
Rudofski: I would argue that between 9:06:12 and 9:20 that the same person has both phones.

8 hours ago

Data shows Murduagh googling the name of a restaurant in Edisto Beach.
Rudofski: "I would not be googling and doing other things with my phone, no."
Barber asks if maybe it was just "fat-fingered"

8 hours ago

Rudofski: "To have someone on their phone constantly like that right after given the scene and situation..."
Barber: "It wouldn't be someone trying to figure out what happened?"
Rudofski: "At that moment that would be the last thing that would probably come through my mind as an investigator looking at the scene is trying to figure out what happened minutes after I discovered it. I'd be in a state of shock if that was me personally"

8 hours ago

Barber establishes that Murdaugh made calls to Randy and John Marvin after the 911 call.

Barber hands Rudofski his cell phone with a 20-second timer set.

"Do you believe that is an unreasonably short amount of time to inspect and call 911?" Barber says.

"I'm here to testify on this data. Not hypothetical. I think you're asking the wrong person on that," Rudofski says.

"Fair enough. We'll move on," Barber says.

9 hours ago

Rudofski says he can't speak to what Murdaugh would have seen when pulling up.
"There is no data that says that the headlights were pointed in a specific direction or at a specific object," Rudofski says.

9 hours ago

Rudofski says the headlights would have been lighting up Maggie's body when he approached the kennels and possibly Paul's.

9 hours ago

Barber contests that Murdaugh didn't slow down as he approached the area where Maggie's phone was located.

9 hours ago

Barber asks if it's uncommon for someone to "give it a little gas" on a straight rural road.

9 hours ago

Barber is questioning Rudofski on the drive times to and from Almeda.

9 hours ago

Back from lunch, Phillip Barber is up to cross-examine Rudofski.

10 hours ago

Lunch
Court heads to its lunch break after prosecutors finish up questioning of Rudofski.
Back around 2:30 p.m
 

Published: Feb. 17, 2023 at 12:00 AM PST|Updated: 6 hours ago

WALTERBORO, S.C. (WCSC) - The state presented evidence from updated technology in the SUV that Alex Murdaugh was driving the night his wife and son were murdered on the 20th day of the Murdaugh trial.
Murdaugh is standing trial for the June 7, 2021, killings of his wife, Maggie; and their youngest son, Paul.

Prosecutors said they just received the new evidence from General Motors over the weekend that details the movement, speed, direction and locationof Murdaugh’s Suburban minute by minute.

Investigators said the data showed that Murdaugh arrived at the family’s Moselle Road property at 6:42 p.m. on the night of the killings and his speed during that trip from work was within the speed limit.

However, additional data showed that he left Moselle for Almeda to visit his ailing mother at 9:07 p.m. Data showed Murdaugh’s vehicle reached speeds of up to 74 mph and arrived there at 9:22 p.m.

Approximately 20 minutes later, at 9:43 p.m., Murdaugh’s vehicle leaves Almeda and heads back to Moselle. During the return trip, data showed the vehicle was going as fast as 80 mph before he arrived back at Moselle at 10 p.m.

The Colleton County coroner estimated the murders happened between 9 p.m. and 9:30 p.m. Maggie and Paul Murdaugh’s phones went silent at 8:49 p.m. that night.

Murdaugh called 911 at 10:05 p.m., telling investigators he has arrived back at Moselle and discovered the victims.

Jury hears crime scene reconstruction evidence during Thursday testimony​

Jurors listened Thursday to a recording of an interview with Alex Murdaugh on the roadside shooting in Hampton County that occurred on Labor Day weekend 2021, just less than three months after the killings.

In that recording, Murdaugh was heard telling South Carolina Law Enforcement Division Agent Ryan Kelly that he had a sizable life insurance payout worth some $10 million and that in terms of his state of mind, he was “in a very bad place.”

“I thought it would be better for me not to be here anymore,” Murdaugh said in the recording.

Murdaugh’s acknowledgment that he asked a man named Curtis Eddie Smith to fatally shoot him so Murdaugh’s surviving son, Buster, could inherit that insurance payout was something the jury almost didn’t hear.

Judge Clifton Newman ruled Wednesday morning that it would not be admitted because it could not be considered motive in the killings. But after the defense questioned a witness about Smith’s connection to Murdaugh, Newman reversed the decision, saying they had opened the door to have information about the alleged insurance plot heard by jurors.

Also during Thursday’s testimony, Kenneth Kinsey, a crime scene investigator prosecutors hired in late 2022 to examine documentation of the crime scene, Kinsey told the court he believed Paul Murdaugh was shot first with his arms down and that the fatal shot came from a shotgun about two feet away. Maggie Murdaugh, Kinsey said, was shot several times with two possible fatal shots; he said one came from behind and the killed most likely then walked around to shoot her again while she was on the ground.

Smith has not yet been called to the stand, but has previously denied being involved in a plot and said he did not shoot Murdaugh.

Murdaugh defense attorney Dick Harpootlian said after Thursday’s trial that he expects the trial to continue through the beginning of March.
 

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