Court is back in session.
On cross-examination, defense attorney Phillip Barber establishes with Rudofski that Murdaugh’s trip to Almeda took 16 minutes and his trip back took 18 minutes. SLED agents did a test drive between Moselle and Almeda, and it took them 17 minutes, 35 seconds.
Barber: Is it unusual for someone on a straightaway to give it a little bit of gas? (Trying to explain the 80mph timestamp on the way back) Rudofski: “A little bit of gas.” But you’re talking about a 55 mph road at night with deer around.
Barber establishes with Rudoski that Murdaugh didn’t slow down or speed up in any significant way shortly after 9 p.m. as he passed the spot on Moselle Road where agents later found Maggie’s phone. Barber says the car is on a “gentle acceleration.” Rudofski agrees.
Barber is trying to establish that AM’s headlights were illuminating Maggie and/or Paul’s bodies as he drove up to the scene. Trying to explain why Murdaugh called 9-1-1 so quickly, some 20 seconds after getting there. Rudofski is not cooperating, says he wasn’t there.
Barber: “Presumably he knows something is horribly wrong.” Barber asks if it is reasonable that a person could see something was wrong, get out of their vehicle, check both bodies and call 911 in 20 seconds.
Rudofski: “I’m here to testify on this data, not a hypothetical. I think you’re asking the wrong person.” Barber: “Fair enough.” We move on.
Barber is asking Rudofski a lot of questions about the significance/relevance of certain types of data that were included in the timeline. Rudofski is making clear he’s just the guy who assembles the timeline, not the expert who can tell you what every piece of it means.
Rudofski: “It’s just data that I plotted. … You can take that however you want.”
SLED test drove between the Moselle kennels and main house. It took 1 minute, 15 seconds
Barber is now trying to establish that if AM had killed Maggie and Paul, he would have had to accomplish a lot of cover-up in a very short timeline
Barber establishes that AM’s first call after hanging up with 9-1-1 was his brother Randy. His second was to his brother John Marvin.
Rudofski says he finds it odd, as an investigator, that AM's third call was to Paul's friend Rogan Gibson. Barber points out that Paul's phone, which AM looked at, had missed calls and messages from Rogan. R: "I would have been in a state of shock.”
Barber says the fact that AM was googling a restaurant in Edisto Beach in the minutes after finding the bodies shows he was in shock, or “fat-fingering” his phone.
Barber is repeating over and over that AM's phone was recording steps during a period shortly after 9 p.m. in which Maggie's phone is not recording steps.
Barber: “Do we have any evidence that her phone and his phone ever moved together?” Rudofski: Says he would argue that at 9:06 p.m., the same person has both phones. He notes that Maggie’s phone was picked up (changing orientation) 2 seconds before AM called Maggie’s phone.
But if nothing else, Barber is getting Rudofski to reiterate that different people can look at the same data and draw conclusions. I imagine we will hear from defense witnesses in the coming days who will draw conclusions from this data that contradict the state’s witnesses.
Barber shows Rudofski a text AM sent to Maggie on 5/7/21. “I am very sorry that I do this to all of you. I love you.” Barber: “So his family was aware of his drug issues, correct, from the texts.” Rudofski says Maggie didn’t respond to that text.