02/01/2023
PM trial after lunch break 2:35 pm ET until 5:45 pm ET
https://twitter.com/AveryGWilks
We're back. The state calls its 16th witness, Colleton County Sheriff's Office Sgt. Dathan Varnadoe. He responded to Moselle on the evening of the shootings. He is being questioned by state prosecutor John Meadors.
Varnadoe testifies he administered a gunshot residue kit to Alex Murdaugh's hands on the night of the shootings. He knew Murdaugh from before. He had testified as an expert witness in one of Murdaugh's cases.
Here is the video prosecutors played in court today. They allege Alex and Maggie Murdaugh can be heard off camera as this video was recorded around 8:55 p.m. on the evening Maggie and Paul were shot and killed.
Video @link above
Defense attorney Jim Griffin rises and establishes with Varnadoe that Murdaugh consented to the GSR kit. Griffin also notes that Varnadoe testified in a case Murdaugh was prosecuting years ago against the Cowboys gang.
Griffin notes - over the state's objection - that the Cowboys were a dangerous gang based in Colleton County that caused the area a lot of problems.
Varnadoe finishes testifying. The state calls its 17th witness, Paul's friend Rogan Gibson. One of the last people to speak with Paul before he was killed.
Gibson testifies he was close with the Murdaughs. He considered them "a second family." He called them by all their nicknames. Paul was "Rooster." Buster was "Bus." Maggie was "Miss Maggie." Alex was "Mister Alex" or "Big Red.”
To be clear, folks, this video I tweeted is not the "Snapchat" video. That video was taken before 8 p.m. (I believe 7:56 p.m.). It is said to show Alex and Paul riding around the Moselle property. This video - with the dog - is filmed around 8:44-8:45 p.m., the state says.
They are two separate videos. I'm seeing this being mislabeled everywhere.
Attorney General Alan Wilson is sitting at the prosecution table today.
Gibson is testifying about his knowledge of the Murdaughs' guns, including some already admitted into evidence in this case.
Gibson says his dog is a chocolate lab puppy named Cash. That's the dog seen in the 8:44 p.m. video.
Gibson recalls talking on the phone with Paul Murdaugh at 8:40 p.m. on 6/7/21. They talked about Gibson's dog and whether something was wrong with its tail. Paul was at the kennels. Gibson could hear Maggie in the background. He testifies he believes he could hear Alex too.
Gibson testifies he fell asleep around 10 p.m. on 6/7/21 and slept through Alex's calls to him. He found out about the slayings the next morning and drove to Moselle, where he picked up Cash. He also met with SLED investigators for an interview on 6/8/21.
Gibson testifies he told investigators on 6/8/21 that he was 99 percent sure he heard Alex in the background when he was on the phone with Paul at 8:40 p.m.
And that's probably my lede for tomorrow.
Gibson now testifies that after watching the video with his dog, Cash, he is 100 percent "positive" that he heard the voices of Paul, Maggie and Alex in it.
Lead prosecutor Creighton Waters asking Gibson about that video, which he heard for the first time much later on: “Did you recognize the voices of your second family?” Gibson: “I did.”
Gibson testifies neither Paul nor Maggie sounded stressed or nervous in the video shortly before they were killed. He says they don't sound worried, like there is some stranger there they don't know.
Gibson watched the video for the first time on November 2022. That was well after Alex had been indicted on the murder charges.
Waters plays the video again - second time today - and then finishes his questioning. Jim Griffin rises for the defense.
Griffin establishes that Alex Murdaugh was like a second father to Gibson and treated him like one of his own. Gibson testifies Alex and Paul's relationship was great.
Griffin establishes with Gibson that the Murdaughs kept trucks all over the Moselle property. They were unlocked and often had guns in them. There were guns everywhere - in the guns, in the sheds, in the workshop. There were no security cameras down by the hangar/kennels.
Griffin and Gibson agree it would be easy for someone to sneak up onto the Moselle property and steal things, given how the family left things lying around unprotected.
Gibson testifies cell service is spotty at Moselle. Some places you'd get a signal. Others you wouldn't. He testifies it takes about 2 minutes to get to the house from the kennels. They usually took vehicles. ATVs and golf carts. You could do it in a minute, going fast.
I imagine Griffin asked that last question to establish how Alex was able to reach the kennels and call 9-1-1 so quickly after arriving back at Moselle that evening.
Griffin establishes with Gibson that he never saw Paul with a replacement .300 Blackout rifle after his was stolen/lost. He testifies Paul always used Buster's black .300 Blackout, which had a thermal scope.
Gibson now testifying about the video. He testifies it is Alex who calls out at Bubba, the family's yellow lab, to drop a chicken he had in his mouth.
Gibson testifies that he spent a lot of time around the Murdaughs and Alex and Maggie were a loving couple, and they loved Buster and Paul. Griffin asks if he could imagine any circumstance in which Alex would kill Paul and Maggie. "Not that I can think of," Gibson testifies.
Lead prosecutor Creighton Waters' attempt to make a strong point falls flat. Gibson says he knew Alex his whole life. Waters: But as you sit here today, did you *really* know him? Gibson: Yes, I knew him.
Don't think Waters expected that response. He has been saying over and over in court filings and arguments that he's brought witness before witness to the state grand jury, and at the end, they all testify that it turned out they didn't *really* know Alex Murdaugh.
I'm not convinced Gibson understood the question or the point Waters was trying to make.
After a brief break, with the jury out of the room, prosecutor Creighton Waters tells Judge Newman he now wants permission to bring the financial crimes into this case as evidence of Murdaugh's motive. Waters said Murdaugh's defense team has opened this door by asking Gibson…
... if there is any reason why Murdaugh killed his wife and son. Harpootlian opposes bringing this in.
Newman doesn't make a decision. He says we will proceed with testimony and either side is welcome to object, and he will rule on it then.
The state calls its 18th witness, Will Loving, another Murdaugh family friend. Loving met Paul when he was 15 at Edisto. They have been close since.
We are seeing a lot more Jim Griffin than Dick Harpootlian lately in this trial. Seems a calculated decision. Judge Newman and Harpootlian aren't vibing particularly well. Newman seems to jump down his throat quite a bit. Not sure if they have bad blood or what.
Just a few minutes ago, Harpootlian began to argue against Waters' attempt to introduce the financial crimes when Judge Newman shut him down and sort of mocked him for repeating arguments he has already introduced.
We are hearing A LOT about how to kill hogs with thermal-scoped assault rifles.
Like 5 witnesses so far have testified about what it takes. At last, I finally know how to kill the 30-50 feral hogs that run into my yard within 3-5 mins while my small kids play.
Lead prosecutor Creighton Waters seems to be trying to establish when Paul's replacement .300 Blackout rifle was most recently seen at Moselle. Loving testified they had it at the main house sometime in late-March or early April 2021, a couple of months before the slayings.
That rifle - which did not have a thermal scope like the originals did - remains missing. It looks like Waters thinks it is the murder weapon, so he's having Loving testify that it was at Moselle - and not missing - close to the slayings.
Loving testifies that the last time he heard from Paul, he got a Snapchat video from him on 6/7/21. The video showed Alex and Paul looking at trees they had planted that were leaning over. This was the 7:56 p.m. video - not the 8:44 p.m. video with the dog.
Loving is now testifying about the 8:44 p.m. video at the dog kennels. He said he has seen it before and recognized the voices.
We are hearing the video a third time in court today. Loving testifies he heard the voices of Paul, Maggie and Alex Murdaugh. Waters: “How sure are you?” Loving: “100 percent.”
So now two Murdaugh family friends have testified they are certain Alex can be heard in the background of a video that places him at the scene of the crime with the victims within a few minutes of when the state says they were killed.
Loving joins Gibson in testifying that Paul would leave guns everywhere. Paul left a .300 Blackout at Gibson's house for a month. One of Paul's friends found a hunting rifle in his closet that Paul thought he had lost. Gibson says Paul left guns all over Moselle.
Loving on Paul and Alex Murdaugh: “It was an awesome relationship. It kind of seemed like Paul was the apple of his eye.”
Waters plays a Snapchat video that Loving got from Paul earlier on the evening of 6/7/21. (We can't see it) Loving testifies Alex is wearing long pants and a shirt in that video. Not what he is wearing later on that evening (shorts and a white T-shirt).
Waters gets some financial info before the jury. In a series of questions, Waters asks Loving if he knew anything about Murdaugh's finances, his debts, what he spent money on, and what was going on in the 2019 boat crash wrongful death case. Loving says no.
Then Waters swings for the jugular. “Did you know anything about him being confronted on the morning of June 7, 2021, about $792,000 of missing fees from his law firm?” Griffin objects. Newman overrules the objection. Loving: "No.”
Defense didn't want the jury to hear that question. But now the jury has. Judge Newman said he will address the larger question of whether/how much of the financial/motive stuff can make it into the case. Either way, that will weigh on the jury's mind tonight.
Judge Newman calls it a day. We will return at 9:30 a.m. tomorrow.
OK, going to write now. Story soon (hopefully). Hopping on
@NewsNation
around 7:30 p.m.