We're back after lunch.
The defense's 14th witness is John Marvin Murdaugh, Alex's younger brother. He could be the defense's final witness.
Defense attorney Jim Griffin: Are you the only son of the three that didn’t go to law school? JMM: “I am, and I’m quite proud of it.” Laughter in the courtroom.
JMM: “We’re just a normal family, doing normal family things.”
G: Was it routine for your brothers who lived in Hampton to stop by and check on your parents? JMM: “Oh, absolutely.” Because they were close by. AM visited their parents a lot.
JMM chokes up talking about Paul: "Excuse me, I'm going to have a hard time talking about Paul." He says they were close. Paul went by a few nicknames: "Paul Paul," "Paul Terry," "Little Rooster." The family called him Paul Paul
JMM on AM’s relationships with his sons: “It was a great relationship. Anything that the boys were doing, Alex wanted to do. The boys always came first to him.”
JMM on AM and Maggie: “It was a great relationship. All marriages, I’m sure, have hiccups here and there, but I’m telling you it was a good marriage. In coming here, I was trying to think of ways to describe it.”
JMM says he went on a double-date to a Darius Rucker concert once. AM & Maggie sat just below them. “Alex and Maggie are holding hands and swaying together. My wife tapped me and said, ‘Why aren’t you holding my hand?’” They would host big tailgates before USC football games.
JMM says Paul was notorious for leaving stuff everywhere, including guns. He remembers a time Paul came duck hunting with him at his property. They had a great time. But JMM returned a couple of weeks later, and Paul’s hunting gear was still at the spot where they had hunted.
“I had to smile when I saw it. That’s Paul," JMM said.
Both AM and JMM become red-faced and emotional as JMM describes finding out their father was about to die.
JMM testified that AM called him after 9 p.m. on the evening of the slayings. It was a normal conversation. AM asked about JMM and their father’s health. “It was a brief conversation.” JMM said he asked if they could talk later because he was watching a movie w/ his wife
Then, after 10 p.m., JMM says: “Alex called me and, just, absolutely hysterical. As soon as I heard his voice, I knew something bad was going on. I didn’t know what.” “I think he said ‘Maggie and Paul have been hurt really badly, please get here as fast as you can.’”
JMM: I got dressed, ran outside, and realized I don’t have a car. I had Paul’s farm truck. “It was a hunk of junk.” JMM tried to drive it to Moselle, and the truck broke down. He was picked up by Yemassee police chief Greg Alexander, who took him the rest of the way to Moselle.
JMM on arriving at Moselle on 6/7/21: “You could see the lights flashing. There were tons of people.” Mostly first responders.
JMM: We pulled up, and I saw Alex. Before Greg even parked the car, I jumped out and ran to him. “He was just broken, distraught. Everybody was. … All we did was hug and cried. I don’t even know that we talked.”
JMM: The last officers he saw that night were the ones who said they needed to leave the crime scene. “They were going to be doing stuff with the bodies, and we needed to go to the house.” There were people already at the main house when JMM arrived, including AM’s law partners.
JMM: Thinks Alex had showered and changed by the time they got to Almeda that night to stay at their parents’ house. JMM testifies he got little sleep the night of 6/7/21.
JMM testifies he was the first to arrive back at Moselle on the morning of 6/8/21. “I knew others were coming, so I just kind of sat there, just in disbelief still.”
JMM testifies he went down to the kennels on 6/8/21. There was a lot of activity up at the Moselle main house. “I just felt like I needed to go down, I needed to see for myself what had gone on and just kind of take it in.”
JMM says he first reached out to a friend in law enforcement to make sure it was OK. SLED had released the scene. "It was not cleaned up." JMM says he could see where Maggie's body had been. The feed room was still covered in blood, brains, pieces of Paul's skull.
JMM on cleaning the feed room on 6/8/21: “I felt like it was the right thing to do. I felt like I owed him. And I just started cleaning.” “No mother, father, aunt or uncle should ever have to see and do what I did that day. I’m not blaming anybody. But I was just overwhelmed.”
JMM on cleaning up the feed room: “It’s the hardest thing I’ve ever been through in my life.”
JMM testifies about learning that Maggie’s iPhone had not bee recovered. He used Find My iPhone on Buster’s phone to find out where the phone was. It showed it was out in front of the Moselle property. So he went and told law enforcement.
JMM said he brought Buster’s phone to SLED and showed them they could find Maggie’s phone. The agent said no worries, they were about to get a technology on scene that could be used to find it. JMM was perplexed about why they didn’t want to try to find the phone before it died.
JMM: I then walked over to 14th Circuit Solicitor Duffie Stone, and they decided to go get the phone before it died. I accompanied them as they drove down to it. They found it, marked it, and called in SLED to come pick it up.
JMM: I didn’t know the password. I called Alex, and he gave me the password. I repeated it to the agent. He put the password in, and it was opened. Griffin repeats over and over that Alex was the one who gave him the password to Maggie’s phone.
Griffin asks about the “no danger to the public” news release. JMM: “It’s quite baffling. It still is. Two people have been killed, and you’re telling me that everybody’s safe. That tells me that whoever’s done this is in jail, and they are 100 percent positive.”
JMM went back up to Moselle. SLED said they needed to come into the house and search for things. JMM says he escorted agent Katie McCallister throughout the house. She said there were so many people in the house, she said she didn’t want to go barging in.
JMM: McCallister said she would take her badge and gun off. She wanted to be walked through each room. She was looking for 12-gauge shotguns and ammo and .300 Blackout rifles and ammo. "I took her through every room.”
Griffin establishes JMM was a liaison between the family and SLED, making sure they had everything they needed.
G: Did anyone ask if they could search Almeda? JMM: “No one asked anything.” I would have given them consent and would have helped with the search.
Griffin now pivots to the supposed “I did him so bad” confession. G: Do you know your brother’s voice? JMM: “I know his voice very well.” G: What does he say on that tape? JMM: “Crystal clear, ‘they did him so bad.’”
G: Had you heard that before? JMM: “I think I heard him say it the night of or the day after, but I’ve also heard him say it many times after.”
JMM testifies he was with AM a lot after the 6/7/21 slayings. G: How was he doing? JMM: “You can use any word you want to use to describe, but I can promise you words don’t do it justice. I would have to create a new word to describe how distraught he was. Just terrible.”
JMM testifies visitors to their parents’ house at Almeda often park in the back, where AM parked on the night of 6/7/21. He says he parked there yesterday when he went to visit his mother for her birthday.
JMM testifies about taking his brother to a detox center in Atlanta after his roadside shooting. AM was withdrawing from opioids. “I’d never seen anything like it. I’ve seen television shows talking about the leg twitching and the squirminess.”
JMM: "You could just tell, he was sweating. He was thrashing about.” "He messed himself. He had diarrhea. He just couldn't control it. I'm not talking about in the restroom. I mean, in his pants.”
JMM: SLED agent David Owen came up to me in September and said he found a coat “back on the property at Almeda.” He wouldn’t say exactly where he found it. He wouldn’t show it to us either. JMM said it might be his father's. He rides around the property.
JMM: SLED later asked Randy, Lynn and I to go see the coat. They said it had been taken from an upstairs bedroom. They never explained why they told us it was from somewhere else on the property initially.
JMM: I had never seen that coat before. It was recovered from an upstairs bedroom that was essentially a storage room for "junk." His father couldn't even climb the stairs anymore.
JMM testifies his father used the same shotgun, named Bo-Whoop his whole life. He got it as a high school graduation present in 1957. Griffin asks if JMM ever saw his father clean Bo-Whoop, which would wipe off GSR.
JMM: “I’m sure it got cleaned somewhere around the way, but I’ve never seen him clean it. I don’t know how the thing still works.”
JMM testifies SLED would give him periodic updates on the investigation. Griffin asks if SLED ever gave him information that turned out to be false. JMM says yes. He starts to talk about blood spatter, but the prosecution objects. The jury is excused.
We're now hearing JMM's testimony without the jury. JMM: I had been called to SLED’s office in Walterboro to view the blue coat and listen to audio. After my interview, Capt. Ryan Neil described the white T-shirt as covered in blood.
JMM: SLED said Alex took the bottom of the shirt and wiped his face with it. “That’s how they knew he was involved. That’s how they knew he was there.”
Prosecutor John Conrad objected on two grounds: hearsay and relevance. Griffin argued the statements in question are from the investigative agency in this case. Conrad said the state hasn't introduced blood spatter, but the defense is trying to "backdoor" it into the case.
Judge Newman sides with the defense, overruling the objection
JMM on what he did as he was cleaning Paul’s blood and brains off the feed room floor on 6/8/21: “In my mind, I told Paul I loved him. I promised him that I’d find out who did this to him.”
Griffin: You told him you’d find out who killed him? JMM: “Yes.” Griffin: Have you found out? JMM: “I have not.”
Griffin steps down. Prosecutor John Conrad takes over for cross-examination. Conrad asks if the Murdaughs cooperated with the investigation. JMM says they did.