Defense attorney Jim Griffin begins his cross-examination of David Owen. He establishes that Alex Murdaugh was in the investigators' "circle" from the moment he called 9-1-1 that evening.
Griffin: “Here, SLED and Colleton County Sheriff’s Department failed to take immediate steps to preserve evidence that could possibly” have led them to another suspect. Wouldn’t you agree? Owen: It wasn’t a failure.
Griffin: Whoever killed Maggie and Paul would likely have biological material on them from the blasts that killed the two victims, right? Owen: They would have some, yes.
Griffin: He would have had to brutally murder his wife and son sometime after 8:50 p.m. and 9:06 p.m. and dispose of the murder weapons, right? Owen: Yes.
Owen: We searched from the route from Moselle and Almeda several times, as well as waterways between the two homes. He also notes evidence shows Murdaugh didn’t stop that night on the drive between Moselle and Almeda.
Griffin establishes that SLED didn't search the Almeda home until months later. Owen said he didn't have probable cause. Griffin notes that the Murdaughs had given investigators carte blanche to search whatever they wanted.
Griffin is trying to establish that SLED and Colleton County sheriff’s deputies did not secure evidence at Moselle or Almeda that could either have exonerated Murdaugh or implicated other possible suspects.
Griffin is saying Murdaugh remained in the investigative “circle” because of investigators’ incompetence.
Griffin on investigators’ failure to search Murdaugh’s parent’s home at Almeda until months later: “Would you agree that that was an opportunity missed?” Owen: “Probably, yes.”
Griffin establishes that SLED did not show Shelley Smith a photo of the blue rain jacket until last month in preparation for trial. Owen said he asked Smith if it was the same color as the thing she saw Murdaugh carrying into the house.
Griffin establishes with Owen that SLED showed a bunch of Murdaugh relatives the rain jacket. Griffin: “Not a single family member recognized that blue rain jacket.” Owen: “No they did not.”
Griffin establishes that Owen would expect to find DNA in the blue rain jacket if someone had used it to wrap up the shotgun that killed Paul.
Griffin establishes that investigators found no blood, DNA or wet spots in the back of the Suburban, where you might expect to find it if he had transported the murder weapons in that vehicle.
Griffin establishes again that SLED found no blood or other evidence on the carpet or anywhere in the Moselle house.
Griffin: At no time prior to Aug. 11, did you ask Alex Murdaugh, where’s that blue shirt, where are those khaki pants, where are those shoes? Owen: I did not. G: And you have never asked him for those, have you? O: No sir.
G: And the reason you didn’t was because you weren’t concerned about those clothes. You were concerned about the white shirt, green shorts and shoes he was wearing when he called 911. O: Yes.
G: And you were actively investigating whether the T-shirt had evidence of high velocity blood spatter, which you would expect to find on whoever killed Paul. O: Back spatter, yes.
G: And your agency hired an expert to do that? O: Yes, we asked an individual to examine it to look for back spatter.
Griffin: Before you testified before the Colleton County grand jury, you prepared an outline of your presentation, right? Owen: Yes. G: And you followed that narrative? O: For the most part.
Griffin: And in that narrative, did you say an expert found multiple areas of blood spatter on the front of that shirt? Owen: Yes. G: And is that what you told the Colleton County grand jury. O: Yes.
Griffin: And y’all completely overlooked the fact that your own SLED lab tested his shirt for blood and found no blood. Owen: I had never seen that report. Says he found out about it in November 2022. Yikes.
Griffin is questioning why SLED tested Alex’s clothes for DNA, but not Maggie and Paul’s clothes. Griffin: “But Alex wasn’t the victim of any crime on the night of June 7, was he?” Owen: “Not to my knowledge.” Griffin: So what are you doing?
Griffin on blood spatter supposedly found on AM’s shirt: “You didn’t know then, but you know now that what you told the Colleton County grand jury was not correct?” Owen: “In reference to the shirt, correct.”
If it isn't obvious, acknowledging that the Colleton County grand jury was (perhaps accidentally) misled about key evidence before indicting Alex Murdaugh is not good for the state.
Griffin establishes that Owen wasn’t truthful in an interview with AM when he told him that there were multiple shotguns found in the house with buckshot and birdshot ammo. Griffin asks if Owen was mistaken or if that was an investigative tool. Owen: “Investigative tool.”
Griffin: “So you lied to him.” Owen: “I’m allowed to use trickery to elicit a response.” Griffin: But then you told the grand jury the same thing. “Were you mistaken then, or were you trying to trick the state grand jury?”
Owen says he didn’t mislead the grand jury. Griffin read his own testimony back to him. Owen told the grand jury there were shotguns at Moselle that were loaded with buckshot and birdshot. Griffin: “And that was not accurate, right.” Owen: Correct. Woof.
Griffin is comparing the inconsistencies in AM’s statements that Owen referenced earlier to inconsistencies in Owen’s own investigation. Griffin asks if it made any difference at all how long AM visited his mother, since the slayings had already been committed.
Griffin tells Owen that Alex was buying $50K/week in drugs from Curtis Smith, who owed money to a gang. Griffin establishes that SLED didn't collect DNA from those gang members and didn't put them into the investigative "circle."
Griffin has brought up the Cowboys gang a few times in this trial already. Likely trying to suppose there was someone else out there with reason to harm Murdaugh.