We're back.
Judge Newman GRANTS the state's request to introduce Alex Murdaugh's alleged financial crimes as evidence in the murder trial.
Newman: “The state argues that the logical nexus between the murders and other crimes is that the looming exposure of financial crimes provided motive for the murders and is evidence of malice, an essential element of the crime of murder.”
Newman cites PMPED CFO Jeanne Seckinger’s confrontation of Murdaugh on the morning of 6/7/21 regarding some $792,000 in missing legal fees from a case Murdaugh recently worked.
Newman also notes that Murdaugh on 6/7/21 was preparing for an upcoming 6/10/21 hearing on a motion to compel disclosures of his financial records. Records that might have detailed his alleged thefts.
And Newman notes testimony from Palmetto State Bank CEO Jan Malinowski that the Hampton bank would have cut Murdaugh off if they found out he had been stealing millions of dollars from his clients and law partners over the years.
Judge: “I find that the jury is entitled to consider whether the apparent desperation of Mr. Murdaugh because of his dire financial situation, the threat of being exposed for committing the crimes for which he was later charged, resulted in the commission of the alleged crimes.”
Judge Newman doesn’t seem to be placing any restrictions on what financial evidence can make it in. It looks like the state can go for it, full steam ahead.
Defense attorney Jim Griffin rises and says the defense has written up some proposed instructions on limiting what can and can’t be mentioned re: Murdaugh’s financial crimes with the jury present. Newman has pledged to look it over.
The state might voluntarily agree to some of those stipulations - probably on things they weren’t going to bring up anyway. Any other disputes on limitations will have to go before Judge Newman for a ruling. Griffin wants this settled before financial witnesses are called.
The defense and prosecution will huddle on those proposed instructions before the first financial witnesses are called (or re-called) to testify tomorrow.
Griffin formally objects to Judge Newman's ruling for the record. So that issue is preserved for appeal.
The jury is being called in now. Lunch will wait.
The state calls its 28th witness, Muschelle "Shelley" Smith, caregiver for Murdaugh’s mother.
