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With the jury excused, Murdaugh defense attorney Jim Griffin stands and disputes that he asked any questions yesterday that opened the door for the state to introduce the 2021 roadside shooting into this case.
“This is the first case I’ve had the benefit of being able to go back to Youtube and see exactly what I asked.” Griffin reads a transcript of his cross-examination of SLED investigator David Owen. He asked Owen about Murdaugh’s financial crimes and whether he stole to fuel a …
... drug addiction, and whether he was buying drugs from Curtis Smith. But Griffin never mentioned the 2021 roadside shooting.
Lead prosecutor Creighton Waters says you have to put Griffin’s questioning into context. He says Griffin did open the door for further testimony on the roadside shooting.
Newman: “Mr. Griffin introduced the relationship between the defendant and Eddie Smith.” We did a pretrial hearing without the jury and made clear the roadside shooting was a bridge too far.
Newman said the defense then built a road over that bride in asking questions “as if they could dance through fire without getting burned.”
Newman: The defense introduced the relationship between the defendant & Eddie Smith and then sought to infer that Eddie Smith might have been or should have been a suspect in the murders. “The state is entitled to explore this relationship between the defendant and Eddie Smith.”
Judge Newman is annoyed at the defense as defense attorney Dick Harpootlian rises to make another point. “We have a ruling. We have a record. We have an exception to the ruling, and now we have another comment. Go ahead,” Newman tells Harpootlian.
Harpootlian doesn’t want statements AM gave to investigators from the hospital after the roadside shooting to be introduced in this case. He says AM had just suffered a gunshot wound to the head and was heavily medicated and wasn’t competent to be interviewed by law enforcement.
Waters: This doesn’t have to take all day. “I do need to be able to relate to the jury though the defendant’s claim … that he was attacked by an unknown assailant on the side of the road” when in fact he had arranged the shooting.
Waters: We do want to streamline this testimony (rather than having the 911 operator, paramedics, doctors, etc. testify), but we don’t want the defense to punish prosecutors for doing so by lodging a bunch of objections.
The two sides are going to try to work on an agreement on how to do this. We’re on a short break.