Feb 23, 2023
Live blog below authored by Drew Tripp.
Thursday
Dick Harpootlian begins by saying he will very soon ask Judge Newman to advise Alex Murdaugh of his rights regarding taking the stand to testify in his own defense. But first, Harpootlian is re-raising his objection to evidence of Murdaugh's financial crimes being allowed into the trial. He says had the earlier rulings to allow the financial issues been different, his advice to Murdaugh on whether to take the stand would have been different, also.
Judge Newman rules he will not change his order on previously allowing in financial crimes evidence.
Harpootlian: He's not been convicted of anything, so normally they couldn't ask him anything about them. Then you've also got the issue of it being character evidence. We disagree with the State being able to ask Murdaugh extensively the financial crimes to assassinate Murdaugh's character. That would undermine the judge's instructions on Murdaugh's other misdeeds only being fodder for the jury's consideration under the scope of motive, not character. Our advice to Murdaugh had the financial crimes not come out would be the jury likely will acquit because the state hadn't proven motive.
"This is just a naked effort of character assassination to influence the jury. We're fearful ... that they will hold it against him."
Harpootlian again says they wouldn't put Murdaugh on the stand had the financial crimes not been allowed into the record. He's fearful the state will spend the next three days going through the minute details of the financial crimes -- "a Bernie Madoff trial, not a murder trial" -- rather than prosecuting the murder charges. If the State has carte blanche to do that, it's going to take another week.
Judge Newman: Defendant can't take the stand without exposing himself to cross examination. He'll take up any objections as they arise, as he said yesterday.
Judge Newman reads Alex Murdaugh his rights regarding his testimony. 5th Amendment protections against self incrimination, etc,
The Defense will call another witness before Murdaugh.
Alex Murdaugh: "I am going to testify. I want to testify."
First witness: Nolan Tuten
First on the witness stand today for the Defense: Nolan Tuten, lifelong friend of Buster and Paul. Known the Murdaugh family pretty much his whole life. Paul was one of his best friends, like a little brother. Paul was someone who was always there for you, call you all the time, do whatever he could for you "at the drop of a hat." He talked to Paul every day, and saw each other several times a week.
Nolan says Paul's phone was always within reaching distance.
Murdaughs had a good family relationship. Paul and Alex had a good relationship.
Nolan says they'd take whatever vehicle was closest when they'd ride around at Moselle. They never walked, not even to the kennels.
Nolan says Maggie would walk, ride her bike, or take a vehicle to the kennels.
The morning of June 7, he talked to Paul about plowing under dead sunflowers CB Rowe had sprayed. They were supposed to meet that afternoon, but Nolan couldn't get off work. He found out about 10:30 they'd been killed. He came to Moselle, hugged Alex, Alex said "they're gone." Alex was pretty distraught.
Fernandez in cross exam for the State. He asks several background questions on Nolan's relationship with Paul. Paul was the kind of guy who'd always be there, always have his phone.
Fernandez asking Tuten about the guns Paul had.
Halloween party 2017, Paul's original .300 Blackout AR15 rifle was stolen.
After Paul's rifle was stolen, Paul took Buster's .300 BLK as his own.
Tuten reiterates how guns were left at the kennels, shed area on occasion, but not stored down there. Paul might leave guns down there after cleaning out his truck or something.
Notes how originally the only entrance to Moselle was by the kennels. Entrance straight to the house was added later.
Tuten agrees Paul was always on the move, somewhat unpredictable. He agrees it would be hard to keep up with Paul and know where he was going to be unless you talked to him a lot -- like Nolan did.
Tuten spent a lot of time at Moselle. Reiterates he was supposed to go to Moselle that afternoon. Received a Snapchat message from Paul around 7 p.m. showing a bad leak on the high boy sprayer.
Tuten was shown the "kennel video." He identified Paul, Maggie and Alex's voices on the video.
Tuten says the kennel and shed area is very well lit if the lights are on at night. There's lights inside and outside the hangar shed and in the kennels.
Tuten says at night, you'd be able to see the lights of the kennels and shed from the house.
Tuten got a call at 10:30 from his mom. He tried to call and text Paul, didn't get a response, so he drove over there as fast as he could. It was probably a 20-25 minute drive. He pulled up to the scene from the road. First responders wouldn't let him in. He came in the other driveway and approached the scene. He saw the bodies under the sheets.
Alex, Randy, Ronnie Crosby, Mark Ball and first responders were on the scene when he arrived.
Nolan says Alex said to him at the scene "the boat wreck, the *advertiser censored*king boat wreck" twice, and asked he get in touch with Rogan Gibson.
No further questions for Tuten. Court in recess for about 10 minutes. Alex Murdaugh will take the stand afterward.
Alex Murdaugh takes the stand
The jury is back. Here we go. Alex Murdaugh is about to take the stand in his own defense.
Jim Griffin picks up a shotgun from the evidence cache, asks Alex Murdaugh if he blew his sons brains out with that gun or any gun like it.
Murdaugh: "No, I did not."
Griffin asks about Maggie.
Murdaugh: "Mr. Griffin, I didn't shoot my wife or my son anytime, ever."
Murdaugh admits it's his voice on the kennel video. Admits he lied to SLED about staying at the house after dinner.
Murdaugh: "I did lie to them."
Griffin asks why he lied.
Murdaugh says as his addiction evolved, he'd get paranoid about anything and everything. He says his lawyer friends were all telling him not to talk without lawyer Danny Henderson present. Police taking gunshot residue from his hands, being questioned by SLED, finding Maggie and "Paul Paul" dead made him paranoid.
"I wasn't thinking clearly. I don't think I was capable of reason, and I lied about being down there, and I'm so sorry that I did. I'm sorry to my son Buster. I'm sorry to Grandma and Papa T (Maggie's parents). I'm sorry to both of our families. Most of all, I'm sorry to Mags and Paul Paul. I would never do anything intentionally to hurt either one of them. Ever. Ever."
Griffin asks why Murdaugh continued to lie:
Murdaugh: "Once I lied, I continued to lie, yes sir. You know, what a tangled web we weave, but once I told the lie, I told my family -- I had to keep lying."
Murdaugh is now describing his day leading up to the murders on June 7.
Murdaugh is adamant he always asked Maggie to come back home to stay at Moselle at night.
Alex is emotional talking about riding around with Paul on the property the evening of the 7th.
Murdaugh says it was impossible not to have fun with Paul.
Griffin brings up the clothes Alex was seen wearing in the Snapchat video the evening before the murders. Murdaugh says he was about 265 pounds at the time and was sweating a lot. He say you also sweat a lot when you take oxycodone. He came back and took a shower. After he got done, he ate dinner on the couch. Paul was already done and wasn't in the den anymore. After he got done, Maggie asked him to come down to the kennels with her. Alex explained he didn't want to. It was hot, he'd just showered, he knew he'd end up doing work and messing with the dogs was always an ordeal. He didn't go immediately.
Griffin now shifts gears to the weekend before. Murdaugh talking about visiting Columbia for a University of South Carolina baseball game and seeing Buster and his girlfriend.
Murdaugh says at the time he didn't know how Maggie got to the kennels. He now thinks it's clear Maggie rode with Paul down there. He changed his mind and got on the golf cart, then drove down there. The golf cart stayed up at the house most of the time.
Murdaugh got down there and the dogs were out. He's describing the dogs being in the pines behind the kennels, indicating to him they hadn't been out long. Grady was chasing guineas. Bubba was chasing chickens and caught one. Alex was talking to Maggie, Paul was looking at Rogan Gibson's dog Cash, didn't know what exactly Paul was doing besides "fooling with his tail." Alex took the chicken from Bubba, put it up on the shelf in the feed room thinking it was stunned, not dead.
Alex says after he got the chicken out of Bubba's mouth, and left to go back to the house.
Alex says he didn't notice he water hose on the ground outside of the kennels at the time.
Murdaugh says he went back to the house on the golf cart.
Murdaugh says back at the house, he laid down on the couch. TV was on (he claims the TV was always on when they were home). He stayed on the couch a few minutes. He may or may not have dozed off, he isn't sure. He got up, and decided he was going to his mother's house.
Murdaugh says it was frequent for Libby Murdaugh to get agitated when Randolph wasn't home. Barbara Mixson had called him earlier saying he needed to go check on her, so he did. He drove to Almeda after lying on the couch, parked around the side, and says that's where his family always parked.
When he arrived, he called the house phone to ask Shelly to let him in. He went in and sat on the rollaway bed beside his mother's bed. Held her hand and talked to her for a minute. She wasn't agitated the way Barbara had described earlier before giving her medicine. Tried to be real positive and upbeat. Just talked to her and made sure she was OK. He eventually got on his mother's bed after a few minutes, sitting then lying beside her. Watched TV.
Alex says Maggie wasn't planning to go visit his mom that night. She loved to visit Alex's dad, but by this time Libby was a shell of herself, she wasn't healthy, and Maggie didn't like to go visit her. (When he originally called Maggie to come home, it was to go visit his Dad, not his mom. His Dad got hospitalized that day.)
Alex says he tried to call Maggie twice to let her know he was leaving, then texted her. It didn't concern him when she didn't answer at the time because she was with Paul and he also knew cell phone service was spotty out there. Not unusual.
Alex explains why he stopped in the driveway at his mother's house on the way back. He dropped his phone down between the seat and center console, and was trying to get it. He answers emphatically "No" to whether or not he was disposing of bloody clothes or murder weapons.
Alex says when he got to Moselle, all the lights were on. He was inside several minutes. He wasn't totally surprised Maggie and Paul weren't back, he thought they would've been back, but he wasn't shocked or concerned immediately. He went and looked around the house for Maggie and Paul. He assumed they were still at the kennels. Thinks he tried to call them, got in his suburban and drove down to the kennels.
He says he saw what the jury has seen pictures of. "It was so bad."
Griffin asks if he could see them on the ground as he pulled up. Alex says he could. He jumped out of his car. He isn't sure what he did. He ran back to his car to call 911. He was going back and forth between Maggie and Paul while on the phone trying to tend to them.
Alex crying.
"Paul was so bad. At some point, I know I tried to check him for a pulse. I know I tried to turn him over."
Alex says he doesn't know why he tried to turn Paul over.
Murdaugh sobbing: "I mean my boy's laying face down, and he's done the way he's done. His head was the way his head was. I could see his -- I could see his brain laying on the sidewalk. I didn't know what to do. I tried to turn him over. I grabbed him by the belt loop, and I tried to turn him over. And when I did, his phone popped out of his -- I mean his phone popped out. So I picked it up and I put it right back there."
Murdaugh says the phone popped out of Paul's pocket when he tried to turn him over. He doesn't recall much about that other than he picked up the phone and put down on top of him. He didn't see any messages on it or anything.
Defense now playing the Colleton County portion of Alex Murdaugh's 911 call. "I've been up to it now, it's bad." He says he thinks he didn't go all the way up to Maggie and Paul's bodies at first before calling 911. He knows he touched them after that.
Griffin asks Murdaugh about him randomly saying "Here" while talking to 911. Murdaugh says he was trying to explain to the dispatcher Maggie and Paul hadn't shot themselves, but he wasn't talking to somebody else or calling a dog or anything. He says he didn't mess with the dogs when he arrived or the hose. He looked around for a flashlight or a gun.
Alex is asked about saying "I should've known." Alex says he said "Paul Paul I should've known." He was referring to the threats Paul received, and how he (Alex) should've taken them seriously. Alex says Paul got some of the most vile, over the top threats, so crazy you couldn't believe. People talking about what he was going to get, and how they were going to "get him." He disregarded the threats.
Griffin asks Alex about telling 911 he last talked to them about 1.5-2 hours before he found their bodies. Murdaugh says he told 911 that's approximately when he last saw them. Given him last being at the kennels at 8:45ish, and this call being around 10:10, it was close to an hour and a half.
Murdaugh discussing going back to the house and grabbing a shotgun and shells. Asked about putting the 16 gauge shell in the 12 gauge shotgun, he says he's been hunting and using firearms his whole life. That's not a mistake he'd have made under any other circumstances except that night.
Murdaugh says he's not totally sure why he thought he needed to go get a gun from his house "just in case." He was scared there could've been danger still, killers maybe around.
Griffin points out Murdaugh saying he was 100 yards away from the house when he told dispatchers he was going to get a gun. Murdaugh admits the distance is over 1,100 feet (nearly 400 yards), he was clearly wrong in what he told dispatchers, he has no explanation.
Griffin continues playing 911 call. Murdaugh brings up the boat wreck and Paul getting threats. Alex is asked on the call not to touch them. He says he's already touched them checking to see if they were breathing. Alex tells the court he touched Maggie several times, but doesn't think he touched Paul but once or twice. He touched both before he got in the car and drove back to the house.
Griffin asks about Paul getting threats after the boat wreck. Murdaugh recalls a meeting with Paul and the dean of students at UofSC, making sure Paul was OK, letting him know they were aware of the threats.
Griffin asks Murdaugh about the photo of the woman in the bathing suit texted by Michael Gunn, and the Safari browser search for Whaleys restaurant at Edisto Beach. Murdaugh is adamant that even though he opened that text, he wasn't reading it.
He says the Whaleys search must have been from his search history. He says the call to the videographer must've been accidental. Murdaugh is adamant all those things were simply accidental incidents while he was trying to do other things and call other people on his phone.
Alex says he knows he got blood on his fingertips from touching the bodies. He wasn't sure whose blood, likely both Maggie and Paul. If Maggie's blood was on his steering wheel and gun that night, then he "put it there" after touching them.
The gun Alex grabbed the night of the murders was Paul's Benelli shotgun. Murdaugh says Paul didn't frequently clean his guns. Murdaugh says he was carrying Paul's shotgun around for awhile at the scene before police arrived, explaining the gunshot residue on his hands and clothes.
Alex says there couldn't have been high velocity blood spatter on his clothes. "No way." He was nowhere near the shooting.
Griffin asking Murdaugh about after the murders. He discusses giving SLED full access to search everything. He says he asked SLED agent David Owen repeatedly after the murders for location data off Maggie and Paul's phones. He says he gave SLED the code to Maggie's phone via John Marvin after it was found. He and Maggie knew each other's passwords.
Maggie always used location services. She loved to use "Find My iPhone" to see where family was, and would tease them about where they were, or surprise them out places.
Alex says it was important for SLED to get that information off Maggie and Paul's phones after that because he knew he was in that circle of suspects but also knew the location data could prove they never crossed paths. (Of note, Murdaugh left his phone at the house while Maggie and Paul were at the kennels. Several people have testified he was always on his phone.)
Murdaugh says he was attached at the hip to Buster after the murders, all the way through the funeral services and burials on the following Sunday. He says the burials were all on the same day.
The week after, he stayed in Summerville with Maggie's parents for a few days, and then went to Greenville in the Upstate for the end of the week to be with niece and family after she'd just had a baby.
Very important dialogue from earlier in Murdaugh's testimony about the importance to him of SLED getting the location data off all the phones and his SUV:
Murdaugh: "Every time that I talked to David Owen, I would ask him about getting OnStar data (from his SUV) and GPS data from phones."
Griffin: "Why was that important to you?
Murdaugh: "To confirm where I was saying I went, what I did, GPS. At that point in time, I knew that Maggie's phone had been taken, and I knew that my phone and Maggie's phone and my Suburban had never crossed paths, and that was extremely important to me, and I asked him about it every single time we talked. Every single time."
Murdaugh says because Maggie loved to use the "Find My iPhone" or "Find My Friends" feature on iPhone, Murdaugh says "I just knew that there would be GPS data on Maggie's phone."
Murdaugh: "I knew at that point in time, since I was the person who found PaulPaul and Mags, that I was a suspect. I mean they kept talking about this circle. But I knew that it was very important for me to find that -- to get that.
Griffin: "What was your belief that information would've done for you?
Murdaugh: "There's no question in there that it'd demonstrate that I couldn't have done this."
Catching back up now on testimony about the blue tarp/jacket, etc.
Morning of Wednesday, June 16, he was in Summerville. Murdaugh says he doesn't believe he went to Almeda at 6:30 in the morning that day. He says he didn't go to Almeda at any point early in the morning that week after the funerals. He was in Summerville.
Murdaugh says in the week following his Dad's funeral, he never carried a tarp into his parent's house. Asked about the blue rain jacket, he says he's never seen it or touched it. He never at any point recalls taking a blue tarp to his parents' house. He says Shelly seems to have that in her mind, and he says it's not impossible he did at some point in time, but it certainly didn't happen in the week or weeks around or after his father's funeral.
Griffin replays the August 11 SLED interview with Alex, specifically bringing up Alex's inaccurate recollection of times. Murdaugh says in interview he arrived by 10 at work the morning of the murders at the latest, but in reality he didn't get there until around noon. Murdaugh points out how he also told David Owen to go pull his key card data to get an accurate time.
Griffin plays the June 10 interview now. Murdaugh told SLED he thought Paul arrived around 5 p.m. but we know now it was around 7 p.m. Another example of Murdaugh not appearing to have a good grasp on time.
Griffin asks Murdaugh about Shelly Smith saying he tried to suggest to her how long she should say Murdaugh was there. Murdaugh insinuates now for a second time Smith misremembered what happened. He claims he told Smith to talk to SLED and please tell the truth.
Murdaugh says he was careful not to talk to potential witnesses after the murders because of the scrutiny over the boat crash case alleging he fixed witnesses and orchestrated the investigation and influenced the police. He didn't want to take any chances.
Murdaugh recalls how he'd been begging David Owen to meet with him and Maggie's parents for weeks ahead of the August 11 meeting with SLED, and thought that the purpose of the meeting was to get an update. By the end, he says it was clear to him he was a suspect.
Griffin brings up how SLED asked him August 11 about clothes Alex was wearing in the Snapchat video. Murdaugh says he specifically asked Blanca if she remembered getting his clothes after August 11, contradicting the testimony Blanca gave about what he said. He says he asked because SLED had made an issue about the clothes in the meeting. The state never asked him for the clothes.
Contradicting his statements immediately before -- saying SLED made his clothes an issue on Aug. 11 -- Murdaugh says "I'm well aware that my clothes never became an issue in this case until my lawyers proved that this blood spatter that they said I had on my shirt from my wife and my son was a lie, and that there was no blood on my shirt. Once they filed the documents and they proved that was a lie, all of a sudden the clothes I was wearing back on that day became an issue. And that's in the weeks leading up to this trial."
Murdaugh rehashes how he never stayed another night at Moselle after the murders.
Murdaugh notes his clothes were spread out among several locations while he stayed with friends and relatives following the murders.
Adding for the record Murdaugh broke down crying at one point noting there was blood everywhere, so much blood. But he says he only got a little blood on his fingertips from touching both bodies. He says he touched Maggie's body several times, and Paul at least twice.
Court broke for lunch just before 1:30 p.m. Will return at 2:40 p.m.
Griffin is now discussing with Alex his financial thefts, and being confronted by Jeanne Seckinger on June 7 (the morning of the murders).
Murdaugh admits he was concerned but "it wasn't a very big concern" about Jeanne Seckinger confronting him about the money he wasn't supposed to have.
Murdaugh tells a story about one of Chris Wilson's former law partners going through a divorce and the ex-wife trying to subpoena Wilson's firm's financial documents, so he somehow knew because of that Chris Wilson wouldn't be sending out any financial documents to anybody, so he thought he didn't really have to worry at the time about his firm getting the records. Not an immediate concern.
Griffin brings up the testimony of Jeanne Seckinger saying she learned in the June 7 meeting Alex's father was going in the hospital and was terminal. Murdaugh says the info he got during that meeting said the doctor only thought it was pneumonia, and Jeanne is misremembering and just assuming in hindsight that the news meant Randolph was terminal.
Griffin: "On June 7, did you believe your financial house of cards was about to crumble?"
Murdaugh: "On June 7? Absolutely not."
Murdaugh says he'd reached out about a line of credit on the Moselle property around the time of the murders (the $600K line of credit mentioned in text message state presented last week). He also says there was several million dollars in combined equity in the beach house and the house/property at Moselle.
However, Maggie's death made it more difficult to obtain financing afterward because Moselle was 100% in Maggie's name, beach house was 50% in her name. He couldn't get documents signed due to estate issues in probate.
Murdaugh is asked about the June 10 hearing in the boat crash case that got canceled. Murdaugh says he wasn't concerned about the motion to compel his financial records from Tinsley, rather he was concerned about the change of venue motion filed by Parkers. Murdaugh says he also wasn't doing legal work on his own case.
He says in his entire career as an attorney, he never heard of a judge ordering someone to turn over the full financial records to the scope Mark Tinsley was asking for at that phase of trial. Murdaugh says he was expecting however to turn over a statement of net worth, and that's what he was working on in his office the afternoon of June 7, the handwritten note about which Mark Ball testified finding in Murdaugh's desk.
Murdaugh admits to stealing client money, and blames it on his opioid pain killer addiction. Hydrocodone, oxycodone, oxycontin. He hurt his knee very badly playing football in college. Had several surgeries. He was hooked on painkillers by the early-mid 2000s around the time of his final surgery to repair his knee.
Murdaugh says he first entered a clinical detox facility at home in December 2017. He'd tried to detox at home before and after that. All three times he went into clinical detox, it was at the same facility in Atlanta. He explains the detox process only cures the physical dependency in the body, not the chemical dependency in the brain (the addiction). He'd never been to rehab before Sept. 2021. He relapsed each time he came out of detox. He's been opioid free now for 535 days.
Murdaugh is certain none of his law partners were aware of his opioid addiction before he confessed when confronted by his brother Randy and Danny Henderson about stealing Sept. 3, 2021.
Murdaugh says he reached out to Blanca about his insurance information the morning of Sept. 4, 2021 so he could have it to enter rehab. Alex took a bunch of pills the day before when he was confronted, handed over what was left to Randy. Morning after, he called Eddie Smith to bring him more. Withdrawals had started, so he changed his mind and asked Eddie to kill him.
Murdaugh: "I meant for him to shoot me so I'd be gone."
Murdaugh says it seemed like the best thing to do at the time. He had $12 million in life insurance policies.
Murdaugh describing relationship with Maggie. "Just as beautiful inside as she was outside." Adventurous. Wanted to form her own opinion. Devoted to Paul, Buster and him. Made sure they were always taken care of. Fun, playful. Contagious laugh. Playful look biting her lip and smiling that would melt you.
She didn't grow up in the country, but changed everything to become a "boy mom." Threw herself into her boys' life. She might not have had a job, but she worked so hard for the family. She wanted a big family but couldn't because pregnancy didn't suit her. There were problems with Paul's pregnancy such that they both got "in trouble."
They didn't have anymore children after that. Could fit in at the governor's mansion in a ball gown or at the food banks in Hampton and the Lowcountry. He could never hurt Maggie.
Alex talking about Paul. He was the brightest, most inquisitive young man. He wanted to be part of everything. He was a man's man. 100% country boy. Hunt anything, catch any fish, run equipment, at 22-years-old took care of so many things, so tough. But he was also so sweet.
Wouldn't come home or go near Summerville without going out of his way to visit his grandparents. Would get all his friends on a boat to go watch a sunset. How many 22-year-old's do you know who'd do stuff like that? Fiercely loyal. Cared about people.
So misrepresented in the media. Never an accurate story told about him. Challenges anyone without an ulterior motive to tell a negative story about Paul. He was helpful, glad to help anyone. He was ADHD. Would jump around from thing to thing, but he would've found his "thing" and he would've been the best at it.
He didn't even know when Paul was alive, but there was a cute girl named Julianne who said Paul always told her and friends to be present and appreciate those around you. How many 22-year-old's do you know who think that way? He was a special boy.
Alex loved Paul and Buster like no other. Would never hurt or kill Maggie or Paul under any circumstances.
Jim Griffin has no more questions for Murdaugh right now.
Cross-examination of Alex Murdaugh
Creighton Waters in cross examination. He begins by asking if Murdaugh agrees the most important part of his testimony is explaining his lie for a year and a half that he was never down at the kennels the night of June 7. Murdaugh says all of his testimony was important. But he agrees that was an important part and the first time he ever admitted it before today in court.
Murdaugh doesn't dispute he's been stealing since 2010, but is not certain.
Waters: "You're sure about a lot of things, just not that?"
Waters asking Murdaugh about his family legacy.
Great-Grandfather Randolph Murdaugh. Founded the Murdaugh law firm, served as chief elected prosecutor (solicitor) of the SC 14th Judicial Circuit.
Grandfather Buster Murdaugh. Solicitor from 1940-1986. Lognest serving solicitor in state. Alex loved him and idolized him.
Father Randolph III ("Handsome") was the Solicitor from 1986 to 2006. Excellent lawyer. Waters notes he worked a case with Handsome.
Murdaugh worked at Moss & Kuhn in Beaufort after he got out of law school in 1994. Later joined the family law firm.
Waters asks if that family law firm closed because of his actions. Murdaugh agrees, yes.
Waters asks Murdaugh if Murdaugh was a successful trial lawyer. Murdaugh is hesitant to say successful. He agrees that if winning lots of cases and making millions of dollars is the criteria for successful, then he was successful.
Murdaugh primarily did plaintiffs work as a trial lawyer. Many automobile accidents. Led to big recoveries.
Waters asks if Murdaugh was involved in investigating the cases, and gathering the type of data in evidence in this case. Murdaugh says most of the investigating and records pulled focused on cars' black boxes, not so much telemetry data like has been prominent in this case. Waters has Murdaugh agree he's had cases where cell phone evidence such as cell towers, call logs, computer data were all relevant to his case.
Waters brings up how Murdaugh was president of the trial lawyers association.
Murdaugh: "By those criteria, I was successful, certainly. But we've talked about a lot of my flaws here today, too. Do I feel like I was successful? No, sir. Not sitting here today, I don't. If you want to use that term on those criteria, I don't have any problem with you saying at that time I looked like I was successful."
Murdaugh agrees people probably viewed him as very successful and his family as very prominent. Murdaugh says he never thought of himself that way. Waters says he was asking about public perception. Murdaugh disagrees, he didn't think of he and his family as big shots or prominent just because of their work in the legal community.
Murdaugh: "I think my family was very well thought of. I think my family was very well respected. I think my family helped a lot of people."
Waters asks Murdaugh about family's ties with law enforcement though his legal work. Murdaugh agrees he had lots of professional connections, close working relationships and personal friendships within law enforcement in the 14th circuit through his work in the legal community.
Murdaugh agrees in addition to his trial work in civil litigation, he was also an assistant solicitor (prosecutor) in the 14th circuit. He assisted his dad in 4 prosecutions, led one other case. He got a badge from the 14th circuit as part of that role. Murdaugh had that badge up through 2021.
Waters asking Murdaugh about the GM OnStar data and the telemetry data the FBI salvaged through their methods. After a lot of back and forth, Murdaugh agrees the two sources of data don't contradict each other.
Murdaugh concedes he was the primary income earner for his family.
Waters asks Murdaugh about the solicitor's office badge. He'd ride around with it on his dash or in the cupholder, and show it to law enforcement if he got pulled over or something. Murdaugh admits he used the badge to get better treatment. He doesn't recall having to take an oath to get the badge. If he took any oath at all, it was signing a piece of paper.
Murdaugh had earlier said he didn't consider himself a law enforcement officer even though he carried a badge. Waters has Murdaugh read the back of the 14th circuit ID issued with his badge. The card says he's a deputy solicitor with authority to enforce law in the circuit. Murdaugh clarifies the part about deputy solicitor, saying he was a volunteer assistant solicitor. Deputy solicitor is the highest position under solicitor, he was never deputy solicitor.
Murdaugh also admits he had blue lights installed in his law firm-issued vehicle up until December 2020 when he got the new Suburban. He says he cleared it with the sheriffs in Hampton, Colleton and Allendale counties. All three were OK with it. Waters savvily seizes on Murdaugh mentioning Andy Strickland, former Colleton County Sheriff removed from office and indicted by the state grand jury for public corruption. Murdaugh mentioned they were friends.
Waters brings up how Murdaugh had his solicitor's office badge hanging out of his pocket at the hospital the night of the boat crash. Murdaugh says he doesn't recall that or even having his badge with him. Waters asks him why. Murdaugh says he can't recall. Waters suggests Murdaugh was trying to use it to his advantage. Murdaugh says flashing the badge caused law enforcement officers to warm up to him, and if he was trying to take any advantage that night, that's what it was.
Murdaugh admits he wanted to be head solicitor at some point, but gave that up as his pill problem got worse. He maintains he's certain his law partners never knew about his pill addiction.
Waters shifts back to the night of the boat crash and Murdaugh leaving his badge hanging out of his pocket. Murdaugh insists he doesn't even remember doing that. He won't concede it was intentional to have the badge hanging out like that. Could've been an accident, could've been on purpose.
He doesn't remember. Murdaugh says that looks obnoxious. He wouldn't normally carry the badge like that. Murdaugh insists he didn't use the badge to get places he shouldn't have been the night of the boat crash. He admits he went in Morgan Doughty's and Connor Cook's rooms, but claims he didn't tell them not to cooperate or not to talk to law enforcement (despite their testimony otherwise).
Waters asks Murdaugh if he knew before the murder about a state grand jury investigation into his conduct the night of the boat crash regarding obstruction of justice. Murdaugh says he's not sure when he first learned about it, before or after.
Waters tries to draw a further link between Murdaugh's knowledge of the state grand jury investigation the state grand jury probe into former Colleton County Sheriff Andy Strickland. The Defense objects to relevance, and Judge Newman sustains.
Waters asks Murdaugh about when he first started stealing from clients. Murdaugh can't recall exactly. Waters brings up how Murdaugh says his pain pill addiction was a major contributing factor, but asks about the bad land deals Murdaugh got into around the time of the Great Recession also being a factor. Murdaugh concedes they were factors.
Waters brings up how Murdaugh's law partners all testified they thought Murdaugh cured his financial problems by winning several big cases in the 2011 time frame. Murdaugh concedes his financial troubles got better, but not totally cured by those cases.
Waters refreshing Murdaugh's memory about some of these big cases he won in which he stole money from clients. Murdaugh concedes he had to lie to clients to steal their money. Waters makes the point that Murdaugh had to look each one of them in the eye and convince them he was being truthful, the same way he's doing with this jury.
Murdaugh: "I admit candidly in all of these cases Mr. Waters that I took money that was not mine and I shouldn't have done it. I hate the fact that I did it. I'm embarrassed by it. I'm embarrassed for my son. I'm embarrassed for my family. And I don't dispute that I did it."
Waters: "But you understand that we have to ask about these things. We've heard about it in a very academic paperwork manner, but in every single one of these you had to sit down and look somebody in the eye and convince them you were on their side when you were not, correct? That's what you did in every single one of these."
Murdaugh: "No sir, that may or may not be true. And Mr. Waters, just to try and get through this quicker, I admit --"
Waters: "I know you want to get through it quicker, but we're not, so answer the question, please."
Murdaugh: "What I admit is that I misled them, I did wrong, and that I stole their money. ... For me to sit here and to tell you specifically I remember sitting down and talking with Natarsha Thomas, I can't tell you that. But what I can tell you is that I didn't do right by Natarsha Thomas. I took money from Natarsha Thomas that didn't belong to me, and I was wrong for doing that. And I admit that."
Waters: "I know Mr. Murdaugh that you would like for it to be just as simple as that, just to say 'Yes, ladies and gentlemen, I stole money,' and have that be the end of it, but in each and every one of these cases --"
Griffin objects to the comment.
Waters brings up how Murdaugh had just moments before said he wanted to admit to the financial crimes and make this quick.
Murdaugh: "You have charged me with murdering my wife and my son, and I have sat here for all these weeks listening to all this financial stuff that I did wrong -- that I'm embarrassed by. I'm happy to talk to you about as much of that as you want to talk about.
Waters: "And we're going to do that."
Murdaugh: "I'm required to talk about it as much as you want to talk about it. But the fact is I cannot specifically remember sitting down -- the details you're asking me for -- I can't tell you. But what I can tell you is in all these financial situations, I stole money that was not my money, I misled people that I shouldn't have misled, and I did wrong. I can tell you that. And I may be able to tell you specifically in some instances what I did or didn't do."
Waters: "Well good. We'll do that, but the point that I'm asking you is it's not as simple as some paperwork. You had to sit down with these people and convince them that you were telling them the truth in order to steal this money, correct?"
Murdaugh: "That may not be true because in some situations, I may not have had to do that. They may have just trusted me to do it. That's my point. I misled them. There's no question about that. But did I sit down in each particular instance like you're breaking it down, step by step? I can't say that. I stole money that wasn't mine and I shouldn't have done it. And it was terrible."
Waters bringing up now more of the clients Murdaugh stole from.
Hakeem Pinckney. Rendered a quadriplegic. $10 million settlement. Murdaugh $4 million in legal fees. Waters: "But that wasn't enough for you?" Murdaugh stole additional $370K from Pinckney. $350K from Natarsha Thomas. Stole over $1.3 million from Arthur Badger and his wife's estate.
Waters again brings up Murdaugh's failed land deals. Murdaugh says the whole picture of that time period including those land investment losses contributed to his stealing. Murdaugh wouldn't concede he was living a "wealthy" lifestyle around that time. Waters points out he was making more than a million dollars a year at that time, and still stealing money.
Murdaugh haggles over the definition of wealthy.
Murdaugh concedes not all the money he was making and stealing was going toward pills. Waters says it was also going to support his wealthy lifestyle, but Murdaugh won't concede that because he can't remember exactly where the money went.
Murdaugh concedes the millions of dollars he was receiving in fees weren't enough for him to maintain his wealthy lifestyle, so he was stealing.
Waters brings up the Plyler sisters case. Mother and brother killed in wreck. Appointed Russell Laffitte at Palmetto State Bank as conservator for the girls because the father was "undesirable" (history of domestic violence, mistreatment of the children).
Waters brings up how the Plyler sisters were awarded millions of dollars, and Murdaugh and Russell Laffitte came up with the idea to take money from their accounts as "loans." Murdaugh repeatedly says he doesn't remember the specifics of the arrangements with Laffitte, but he's adamant they never "conspired" to take money from other clients to pay back the loans or giving themselves self-serving low interest rates. This contradicts testimony and evidence in the Laffitte trial.
Murdaugh is on the stand saying Russell Laffitte never knowingly helped him steal money. A federal court jury disagreed about what knowledge Laffitte apparently had of Murdaugh's thefts and his level of conspiring with Murdaugh, finding Laffitte guilty on six counts of federal bank fraud conspiracy charges.
Waters calls out Murdaugh, asking how much he practiced his line about "I stole money that didn't belong to me, I misled (the client) and I was wrong." Murdaugh says he never practiced it, that's just his (identical) answer to each theft case.
Waters brings up Deon Martin, with whose family Murdaugh became close afterward. Murdaugh falsified paperwork, stole money.
After all this back and forth and Murdaugh saying he can't remember whether he sat down face to face and lied to people, Waters gets frustrated and starts poking fun at it. Suggests Murdaugh should just write his copy-paste answer down on a piece of paper and hold it up for the jury. Murdaugh finally concedes he definitely looked clients in the eye on more than one occasion, but he can't name specific times or specific people.
Waters makes the point they're real people. Murdaugh says that's one of the saddest parts. These are real people who he cared about, and he still did them wrong.
Murdaugh is repeatedly challenged to recall details of one single specific conversation where he lied to people and convinced them he was doing right by them. Murdaugh shifts the goalposts and keeps saying he can't remember specific conversations but changes his answer to say it's with respect to specific documents in evidence Waters keeps showing him.
Court is adjourned until 9:30 Friday.
Harpootlian asks if he can interrupt Waters' cross examination in the morning to get two expert witnesses out of the way to keep costs down for having them put up in hotels over the weekend. Waters objects and Judge Newman agrees with Waters.
Harpootlian tries to say the word murder hasn't been uttered one time by the state and this is clear character assassination by allowing the prolonged questioning about the financial crimes. Newman rules a defendant's credibility is always at issue in any case and adjourns.
Court adjourned just after 5:30 p.m. and will resume at 9:30 Friday morning.
The big question on everyone's mind today: will Alex Murdaugh take the stand in his own double murder trial?Last Tuesday, sources close to Murdaugh's defense t
abcnews4.com