The defense calls its ninth witness, Micah Sturgis, a former police officer and detective who seems to be an expert in cell phone forensics.
Alex Murdaugh’s step counts and distance, according to his cell phone data.
Sturgis: If a phone’s screen is off, then an orientation change can’t occur and be logged in the phone’s data. Maggie’s phone’s last orientation change was 9:06:12-9:06:20 p.m. Then it was left in portrait mode until it was recovered the next day.
I think we're trying to determine when and how Maggie's phone was ditched.
Sturgis says Alex Murdaugh’s Suburban passed the location where Maggie’s phone was found at 9:08 p.m. on 6/7/21 and 9:59 p.m. He testifies “very little” motion would be required to awaken the screen on Maggie’s phone. And at the time AM’s Suburban was passing, screen was off.
It’s a tight window. But it seems Murdaugh’s defense team believes Maggie’s phone was ditched on the side of Moselle Road between 9:06:12 p.m. and 9:06:20 p.m., and that AM didn’t drive by that spot until two minutes later.
Sturgis gets into the one-second activation of the camera on Maggie’s phone at 8:54:34 p.m., about five minutes after her phone locked for the last time. He says the data doesn’t tell him this is the phone attempting to use Face ID.
Sturgis testifies the phone's data indicates this is someone swiping from the lock screen to try to activate the camera.
Sturgis: At 9:07:00 p.m., when Maggie’s phone screen turned off for the next 24 minutes (and when the defense thinks it was chucked out of the window of a moving vehicle on Moselle Road), AM was in his driveway, according to car data.
Conrad establishes that the operating system on Maggie’s iPhone was in the 14 range. But newer updates have changed how iPhones record orientation changes. Not sure yet where this is going.
During cross-examination, Conrad emphasizes that both Paul and Maggie’s phones locked for the final time within the same minute, at 8:49 p.m. on 6/7/21.
Conrad on the one-second camera activation on Maggie’s phone at 8:54 p.m. “Do you think that was someone intending to use the camera and take a picture?” Sturgis: “I wouldn’t think so.”
Conrad reiterates that an incoming call from AM comes 2 seconds after the orientation change on Maggie’s phone starts. That’s at 9:06 p.m.
Conrad and Sturgis: 9:06:52 p.m., AM’s SUV starts moving from the Moselle house. Eight seconds later, Maggie’s screen turns off for the next 24 minutes. Conrad stresses that the operating system on Maggie’s iPhone wouldn’t record and orientation when the screen was off.
On redirect, defense attorney Phillip Barber establishes that the “raise to wake” feature on iPhones is different from the orientation-change function. Sturgis again testifies that very little movement is necessary to awaken a phone’s screen and turn it on.
Barber is trying to argue to the jury that if someone chucked Maggie's phone, the motion would have turned on her phone screen even if it didn't record and orientation change.
Barber is also blaming SLED for only putting Maggie's phone in airplane mode and not putting it in a protective Faraday bag that could have prevented data on her phone from overwriting itself. As it stands, we only have GPS data on Maggie's phone dating back to 6/9/21.
Data presented in court just now indicate Maggie’s phone was taking more steps around 8:54 p.m. to go the same distance it had gone earlier that hour. That would indicate the stride was shorter after the state believes she was shot and killed. Weird.
Conrad on recross. Between 9:02 and 9:06 p.m., we see a bunch of steps on AM’s phone. You can’t tell us if his phone stopped at any point there. “He could have walked 200 of those steps in the first two minutes and then slowed down” for the other two minutes.
Sturgis: Well, if he stopped entirely for a minute or some period of time, his phone likely would have stopped recording steps and made a new entry in the recording. Sturgis is done.
Judge Newman calls it quits for the day. We got through five witnesses.
So, we established that Maggie’s phone screen did not light up when Alex Murdaugh’s SUV passed by the point where Maggie’s phone was ditched on 6/7/21.
But there is some disagreement between the prosecution and defense on whether Maggie’s phone would have lit up when someone chucked it out of a car window. We are back at 9:30 a.m. tomorrow. Going to start writing now.