Court is back in session.
Our guy
@NickAtNews brought donuts for the media room. Felt that deserved a Megathread shoutout.
We begin with defense attorney Dick Harpootlian's cross-examination of SLED agent Ryan Kelly, who investigated the roadside shooting.
I'm not sure yet if we will hear from Curtis Edward Smith, or from Mr. Peepaw Bubbers III, but I'll let you know as soon I find out.
Harpootlian begins his cross-examination by asking agent Kelly is SLED sought and reviewed Murdaugh's medical records from the Savannah hospital that treated him after the September 2021 roadside shooting.
As best I can tell, Harpootlian wants to try to play up Murdaugh's injuries from the gunshot wound to the head to show that Murdaugh was actually trying to die - not trying to survive and engender sympathy for himself.
Kelly plays coy about whether Murdaugh was actually shot in the head, saying he is not a medical professional and would defer to them. Then Harpootlian establishes that Kelly told Murdaugh’s relatives that he was shot in the head. Kelly now says Murdaugh was shot in the head.
Harpootlian and Kelly having as hostile an exchange as we’ve seen in this trial. Kelly giving no ground, making Harpootlian work for every fact/admission. For instance, Harpootlian asks if SLED subpoenaed for Murdaugh’s detox/rehab records.
Kelly said SLED had issues w/ doing that since the facility was out of state. H: “Did you ask us for consent?” K: “No consent was given.” H: But did you even ask for consent? K: “No consent was asked for and no consent was given.”
Harpootlian establishes that Murdaugh reached out proactively to confess to orchestrating the roadside shooting incident and making up the story about an unknown assailant.
Harpootlian is trying to establish that AM was cooperative with SLED’s investigations. K: “Some of the best confessions I’ve ever gotten are from defense attorneys.” H: “Not this defense attorney.” Laughter in the courtroom.
Harpootlian ends his cross-examination. Then he objects to Waters asking Kelly about his interview with AM in the hospital, noting his prior objection that AM was heavily medicated and not competent during that interview.
Harpootlian says if Waters wants to question Kelly about AM’s hospital interview, we will need to have hospital staff testify about AM’s competence and state of mind during that interview. Essentially threatening to drag this out if Waters wants to go down that road.
Waters says his question is more limited. He's not trying to get into the substance of the interview or what AM said.
Kelly: AM gave voluntary interviews to SLED on 9/4/21 (date of the shooting) and 9/6/21. He seemed sound of mind. Appeared to understand the questions. And he gave consistent stories and details in each interview.
Kelly: SLED considered AM the victim of a violent crime in those first two interviews. Then AM confessed in a 9/13/21 phone call.
Harpootlian establishes Murdaugh has been in jail since Oct. 16, 2021. Harpootlian: “What opportunity has he had since Oct. 16, 2021, to manipulate witnesses … to manipulate anything in this case?” Waters objects. Newman sustains the objection.
Harpootlian and Kelly continue to have testy exchanges, especially as Waters jumps in with objections and forces Harpootlian to explain and rephrase his questions.
Then Kelly asks Harpootlian to repeat the question. Harpootlian is visibly frustrated. Walks to the lectern. Then kind of insults Kelly’s intelligence. Calls him a *senior* agent. Then asks the question very slowly and loudly, as if he were putting a period behind each word.
Harpootlian: Could you just say yes or no, and then we could move on? Did you speak to one of his physicians or any of his medical personnel and ask if he was competent to speak with you in the hospital? Kelly: “I did not.”
Kelly: “They didn’t talk to me about his medical records.” Harpootlian: “Did you ask them?” Kelly starts to answer without a yes or no. H: “Did you ask them?” Kelly starts again. H: “Did you ASK THEM?” Kelly: We didn’t ask them.
Kelly says SLED didn’t ask because medical personnel wouldn’t have answered anyway.
Harpootlian ends his questioning. Kelly steps down. The state calls its 61st witness, SLED agent Peter Rudofski.
