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2/14/23 -- Live Trial Blog Continued -- Day 17 PMLIVESTREAM: 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.
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
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.
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."I loved him a lot."
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.