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We are back after lunch, with Harpootlian questioning Zercie.
Harpootlian shows Zercie the crime scene body cam footage from 6/7/21. Zercie notes that deputies weren’t wearing booties on their feet to avoid contaminating the crime scene with their footprints.
Zercie also testifies first responders shouldn’t have covered Paul’s body with a sheet on 6/7/21. Once it was done, the sheet should have been preserved and kept for further analysis in the investigation. The sheet could have picked up trace evidence such hair and loose material
Zercie: It is possible that the shooter might have left trace evidence on Paul’s body, such as hair. That could have been picked up by the sheet. Zercie testifies he saw no indication that the sheet was saved or processed by investigators.
Zercie testifies investigators misstepped by walking into the Moselle feed room without protective coverings on their shoes. He said the proper procedure is to look into the room, determine areas of interest for evidence collection and then make a plan on how to collect it.
He suggested building a makeshift bridge with 2-by-4s to enter the room without contaminating it. Zercie testifies he found no evidence that SLED dusted for fingerprints in the feed room.
Harpootlian: Which of those photographs met the standards required for a comparison? Zercie: None of the photos of the victims.
Harpootlian elicits criticism of SLED's crime scene work. Harpootlian: “Did they do a terrible job here?” Zercie: “I don’t know what their limitations were.” H: “Did they do an adequate job” in searching for evidence? Z: I don’t believe so. … Much more could have been done.”
Harpootlian asks if SLED had done a better job, might they have found evidence that could have incriminated another suspect and helped to exclude Alex Murdaugh as the killer? Prosecution objects. Judge Newman sides with them.
Harpootlian ends his questioning of Zercie.
Prosecutor John Meadors is now cross-examining Zercie.
Meadors jumps on Zercie when Zercie corrects himself after mistakenly saying he created two slideslows for this case. He actually created one with two sections in it. Meadors: “You just said you were mistaken. You have made mistakes in your life.” Zercie: Yes. Okie doke.
Meadors: “You’re basically second-guessing the Colleton County Sheriff’s Department, the South Carolina Law Enforcement Division. You’re being paid to come in and say they did a bad job, aren’t you?” Zercie: “They may have done the best job they could.”
Meadors’ tactic here would perhaps be more effective if Zercie had been an arrogant or overly critical witness. As it was, Harpootlian had to pry criticism of SLED out of him. Zercie offered it reluctantly.
Zercie has good explanations for his methodology, and he delivers them in a calm voice. He’s quite boring and monotonous, but also seemingly difficult to fluster.
Zercie explains that he doesn’t read witness statements or explanations from investigators about their methodologies because he is a scientist and witness statements are not reliable. Z: “I don’t want to be subject to bias, accusations or undue influence from others.”
Meadors: “Are you referring to me or Mr. Harpootlian?” Zercie: “Both.”
Meadors asks how much Zercie is being paid to testify for the defense. Zercie testifies he is paid $350 an hour and has worked 20 hours on this case. So that’s at least $7,000. The defense also paid for his airfare.
Harpootlian successfully objects to Meadors badgering Zercie as the prosecutor questions the witness about his conclusions about footprints at the scene.
Meadors now has to stand back a few feet as he questions Zercie.
We’re arguing about photos of footprints at the crime scene, and after 4.5 weeks of this trial, we don’t know the significance of these footprints. Which means we don’t know the significance of this argument.
Meadors: “You don’t have a report.” Zercie: “Correct, sir. I’ve said that three times.”
Mercifully, Meadors ends his questioning. Harpootlian stands: “Let me see if I can do this in less than 5 minutes.” Please.
Harpootlian: You were asked if agent Worley did all she can do, and you said she tried. Zercie: Yes, sir. H: The pictures are inadequate, correct? Z: Yes. H: That’s because they didn’t follow simple procedures? Z: Yes.
Harpootlian: “You said she tried. Could she have tried harder? Could she have tried better? Could she have used technology that has been around for 20, 30 years” to better identify evidence at the scene? Zercie: Yes.
Harpootlian wraps up. We're done with Zercie. Taking a quick break now.