SC - Paul Murdaugh, 22 and mom Margaret, 52, found shot to death, Islandton, 7 June 2021 #14

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  • #781
Alex and Company are sitting at the Defense table whooping it up, laughing, waiving their arms around. Having a grand ole' time it looks like. :(
 
  • #782
It sounds like they are well establishing that circumstances looked bad for him but it hardly puts him behind the trigger. I hope they have explosive evidence to add as I fully expect the defense to eat what was presented today alive. Interesting to note how they tossed in the lack of PMs DNA too. If that’s true it’s troubling given the extent of the injuries.
 
  • #783
Acid Test = Logic

At the murder scene AM within 30 seconds of LE arrival starts talking about the boat case? Why? If it's evidence of motive and shows valid evidence of another crime its pertinent. The reason why he is rather than who he projected to the world was the most important thing to AM.
 
  • #784
The Judge made it clear that he was not endorsing or setting precedence regarding the BOP as it isn't recognized in SC, but that the State provided it freely and the Defense was satisfied. WTAH?

MOO
I thought it was odd the State provided the motives (bill of particulars) too. But maybe prosecution is doing everything possible to keep this case on fast track for January trial, i.e. keeping defense satisfied. imo... every time defense files a motion, it is intended to delay trial start.
 
  • #785
Judge: 9:10 pm submission little time to review.

Reverse motion to eliminate the court to make a preliminary ruling. Arguments are not evidence, all of this will be scrutinized by the Court and rulings will be made. Each case is unique, rulings must be fashioned to the particulars of the certain cases.

Next hearing Dec 16th for response and Motion to Compel from Defense by Dec 23rd.

AM Grandfather's portrait hangs in courtroom, should it be removed for this case? It will be removed ordered by Judge.
 
  • #786
From the live hearing -- good to know that AM's blood-spattered clothing collected did not disappear from evidence as alleged earlier.

Samples cut from the clothing and used for testing were consumed (destroyed) during testing. Can't retest.

The defense argues they can't retest, and the remainder never sent to the testing lab is of no forensic value to the defense.

Defense alleges no evidence of Paul's DNA on AM's clothing.

The defense wants an evidentiary hearing to argue photoshopped evidence, determine if the consumption of the spattered sample was intentional, etc.
_________

I really have trouble understanding Dick Harpootlian who can't seem to express anything in a straightforward manner! The circular arguments from his mouth are so frustrating! MOO

I personally see this being a big issue. The blood spatter shirt is one of the most damning pieces of evidence that places him within inches of the body when it happened. This is not simply a blood stained shirt. Should that not be allowed, that will be a monster win for the defense. Just my opinion
 
  • #787
Looks like great gramps Murdaugh won't be staring down at the court and jury during the trial. I think that makes total sense. :)
 
  • #788
Judge: 9:10 pm submission little time to review.

Reverse motion to eliminate the court to make a preliminary ruling. Arguments are not evidence, all of this will be scrutinized by the Court and rulings will be made. Each case is unique, rulings must be fashioned to the particulars of the certain cases.

Next hearing Dec 16th for response and Motion to Compel from Defense by Dec 23rd.

AM Grandfather's portrait hangs in courtroom, should it be removed for this case? It will be removed ordered by Judge.
Indeed, get that courtroom portrait of AM's grandfather out of there before trial!
 
  • #789
I personally see this being a big issue. The blood spatter shirt is one of the most damning pieces of evidence that places him within inches of the body when it happened. This is not simply a blood stained shirt. Should that not be allowed, that will be a monster win for the defense. Just my opinion
I think It's going to be pretty hard for the Defense to show that the State purposely and in bad faith consumed all of the material. If the State can show the tests were done properly, with qualified workers and facility, I think they have just as much of a chance if not better of getting the test results in.

I agree it is a crucial piece of the murder scenario.

MOO
 
  • #790
I think It's going to be pretty hard for the Defense to show that the State purposely and in bad faith consumed all of the material. If the State can show the tests were done properly, with qualified workers and facility, I think they have just as much of a chance if not better of getting the test results in.

I agree it is a crucial piece of the murder scenario.

MOO

Honest question- Does it have to be based on it being purposely done?
 
  • #791
Honest question- Does it have to be based on it being purposely done?
Great question; I’m curious too.
Seems to be that conclusion would be the same with it without any ill intent there, unless I’m misunderstanding. Even if they showed everything being done in good faith somehow, wouldn’t the conclusion that he Defense is now making arguments over be the same?
 
  • #792
Honest question- Does it have to be based on it being purposely done?
IANAL but I do believe that the Defense would have to prove it was done with bad intentions or by a questionable lab, ie. something that might cast doubt as to the authenticity of the results. Which I think would be extremely hard to prove.

MOO
 
  • #793
@gitana1 if you around can you answer a quick question? If the State uses up all the material in doing DNA testing will it still be able to be introduced into evidence if the Defense is contesting it?
 
  • #794
IANAL but I do believe that the Defense would have to prove it was done with bad intentions or by a questionable lab, ie. something that might cast doubt as to the authenticity of the results. Which I think would be extremely hard to prove.

MOO

To me, good or bad intentions would seem somewhat irrelevant if they're questioning the validity based on numerous things they could argue. I've seen ones that have a long list of items in which both parties disagreed on. Not just a questionable lab for example

There are usually hearings to discuss those issues and remedies when consumptive testing is done. Obviously, this appears to be an error so those were not addressed prior.

I hope I'm wrong because I think it's one of the (possibly the) most critical pieces of evidence.
 
  • #795
Had AM even been charged with the murders when the testing was done? Seems like consumptive DNA testing would be done routinely when LE is trying to find a person to arrest.
 
  • #796
So has anyone come up with an idea of how the accused was able to commit the two murders with two different weapons?
 
  • #797
So has anyone come up with an idea of how the accused was able to commit the two murders with two different weapons?
Kills one with the first weapon, is confronted by the second with the second weapon, lays down his weapon, convinces second to give him second weapon, turns it on them. Or he may have just planned to use two separate weapons to suggest two perps - or he may have just used a shotgun because close range then hid at a distance when wife came to investigate and used the rifle, for practical reasons. Plenty of plausible scenarios.
 
  • #798
Kills one with the first weapon, is confronted by the second with the second weapon, lays down his weapon, convinces second to give him second weapon, turns it on them. Or he may have just planned to use two separate weapons to suggest two perps - or he may have just used a shotgun because close range then hid at a distance when wife came to investigate and used the rifle, for practical reasons. Plenty of plausible scenarios.
All plausible for sure. IMO he was trying to suggest two perps.
 
  • #799
I think It's going to be pretty hard for the Defense to show that the State purposely and in bad faith consumed all of the material. If the State can show the tests were done properly, with qualified workers and facility, I think they have just as much of a chance if not better of getting the test results in.

I agree it is a crucial piece of the murder scenario.

MOO
I agree -- we've seen this happen before where the sample was consumed or what remained was insufficient for a second test. But this is why the defense can always be present to witness the testing instead of crying about it later-- mainly because they did not like the test results. MOO
 
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  • #800
I agree -- we've seen this happen before the sample was consumed or what remained was insufficient for a second test. But this is why the defense can always be witness to the testing instead of crying about it later-- mainly because they did not like the test results. MOO
It's a legal catch-22 though if the testing that consumes the sample is a part of the criminal investigation that ultimately results in the prosecution, for which the defense then argues that they don't have the evidence against their client to examine.

It's exactly the sort of lawyer garbage that we should expect from these people, perverting the meaning of the Sixth Amendment. They might as well argue that because the entire crime scene wasn't frozen in time, that the photographs of it aren't admissible. Oh, wait they already are working up to making that argument by talking about photoshop. It's ludicrous. The entire cartel should be disbarred by the end, I can only hope.
 
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