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Originally scheduled to last just three weeks, dawn broke today on the fifth week of disbarred South Carolina attorney Alex Murdaugh’s double homicide trial in Walterboro, S.C. – with the defense having only begun to make its case.
Murdaugh is the scion of an influential Lowcountry legal dynasty – a man who once led the Palmetto State’s powerful trial lawyers’ association. Today, he sits at the epicenter of a maze of alleged criminality known as the ‘Murdaugh Murders’ crime and corruption saga.
Last week, prosecutors in the office of attorney general Alan Wilson rested their case against the 54-year-old former attorney in dramatic fashion – providing jurors with a detailed timeline pulling together many of the loose ends in their case.
According to the timeline (.pdf) – which relied in part on recently obtained vehicular data – Murdaugh was in position to commit the crimes, had the motive to do so, had access to both of the missing weapons used in the shootings and (perhaps most ominously for him) has been caught in multiple lies related to his whereabouts immediately before and after these savage slayings.
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So far, the defense has had no answer for these lies … but Murdaugh’s attorneys Dick Harpootlian and Jim Griffin have both indicated they plan on addressing them as they make their case over the next week-and-a-half.
Another big question: Will Murdaugh take the stand in his own defense?
At several points last week it did not appear as though that would be necessary, but the state’s strong finish may compel Murdaugh to do so – perhaps even over the objections of his counsel.
Murdaugh stands accused of killing his wife, 52-year-old Maggie Murdaugh, and youngest son, 22-year-old Paul Murdaugh, on his family’s hunting property in Colleton County, S.C. on June 7, 2021. He pleaded not guilty to those charges and is currently standing trial in Walterboro – part of the Lowcountry region of the Palmetto State which his famous family ruled like a fiefdom for more than a century.
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THE POLLS …
At the opening gavel of each day of the trial, we will launch two new polls asking readers to weigh in on 1) whether they think Alex Murdaugh is guilty or not guilty of murdering his late wife, Maggie Murdaugh and, 2) whether they think he is guilty or not guilty of murdering his late son, Paul Murdaugh.
The goal of our daily polls is to track how perceptions of Murdaugh’s guilt or innocence related to the murders of his two alleged victims have evolved over the course of the trial.
As of last Friday, 90 percent of respondents believed Murdaugh was guilty of killing his wife compared to five percent who said he was not guilty and four percent who said they were unsure. These percentages were roughly identical to the responses received when our audience was asked whether they believed Murdaugh killed his son.
Here are today’s polls …
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QUESTION ONE …
Based on the information you have now, is Alex Murdaugh guilty or not guilty of the murder of Maggie Murdaugh?
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QUESTION TWO …
Based on the information you have now, is Alex Murdaugh guilty or not guilty of the murder of Paul Murdaugh?
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THE FEED …
5:20 p.m. EST – Sutton testifies that someone a mile or two away and outside could have heard the gunshots, but that his tests show that someone in the house could not have heard them. Dick Harpootlian has completed his re-direct examination. Fernandez is questioning Sutton on behalf of the State again. No further questions. Judge Newman has ended court for the day. We will resume at 9:30 a.m. EST on Wednesday, February 21, 2023.
5:18 p.m. EST – Harpootlian asks Sutton, “What if any difference would it have made in the acoustical issues if you were testing different ammo?” Sutton replies no difference would have been made.
5:16 p.m. EST – Harpootlian asks Sutton if there was any indication in the SLED reports of a bullet ricochet, any biologic material on anything or anything that indicate a pass or a person or a wall. Harpootlian, “Was there anything recorded by their agent that would indicate any of that that was collected by their agents that would indicate any of that?” Sutton responds there was not.
5:06 p.m. EST – Harpootlian asks what reports Sutton used and he replies he used the report from SLED and the Bevel report to complete his analysis.
5:02 p.m. EST – Fernandez is questioning Sutton about variables. Sutton tells him the orientation of the person shot is not a variable he considers as that is not his expertise. Motion of the victim or shooter is not a variable Sutton considers. No further questions from the State. Dick Harpootlian is on re-direct.
4:57 p.m. EST – Fernandez asks Sutton if his best guess is that two 12-year old shooters committed this crime. Harpootlian objects and it is sustained. (Note: I know many adults who are 5’2″ and shorter. I find this implication annoying. – Jenn Wood)
4:45 p.m. EST – Fernandez to Sutton, “You didn’t do any other renders along these lines of an adult sized human being kneeling on the ground while shooting, did you?” Sutton responds that he prepared for this question as he figured it would be asked. He explains that when looking at Murdaugh’s height – 76 inches – that the farther out the shooter is placed, the more improbable it gets.
4:41 p.m. EST – Sutton testifies, “I can’t say that I’ve ever done any specific testing for wood. I’ve certainly reviewed papers in the literature concerning such but typically I don’t go into that area of ballistics. I look more impact marks and then just the flight path of the bullet because that’s just physics.”
4:29 p.m. EST – Sutton states his opinion is that the pellet embedded in the tree did go through Paul’s body based on simple math.
4:26 p.m. EST – This is getting tense.
4:14 p.m. EST – Fernandez asks Sutton if the height of the trees would affect the results of the acoustic testing. Sutton admits his testing was 18 months after the homicides, but says that the variability in the decibels from that is minimal. (Note from an engineer: “By the way, mass COMPLETELY matters. Physics is basically the study of mass.”)
4:08 p.m. EST – Sutton explains the ammunition used in his testing was similar but not exactly the same.
4:05 p.m. EST – Sutton testifies that his measurements show the distance from the main house to the kennels at Moselle is 1150 feet as the crow flies.
3:54 p.m. EST – Sutton looks at the speed chart and admits that no times are available on the x-axis. Fernandez asks Sutton to give examples of some variables one would need to know before determining the distance trajectory and speed of an object. He uses throwing a phone from the car as an example and explains the speed of the vehicle, the condition of the side of the road and the strength used to throw the object. If one were to drop a phone from a car, the phone has zero initial velocity relative to the car, but the car has relative velocity to the road.
3:46 p.m. EST – Fernandez asks Sutton if he has any training in forensics or firearms. He states no.
3:40 p.m. EST – Sutton states that his rate is $350 an hour. When asked how many hours he has into the case, he states somewhere between 40-50 hours. When asked if he has done any work for PMPED, he states he has worked on cases where he was on the opposing side of PMPED. He was retained to work on the boat crash case by Jim Griffin to do a re-construction of the boat crash.
3:35 p.m. EST – Court has resumed. David Fernandez will begin cross-examination of forensic engineer Mike Sutton. Expect fireworks. Fernandez asks about the work that Sutton does and Suttonstates that he primarily works in civil litigation cases. He was engaged by Jim Griffin in September of 2022.
3:11 p.m. EST – Harpootlian asks Suttonif he’s ever had to review objects flying off or out of vehicles and make determinations about them. Sutton testifies he often does this. Harpootlian asks about Maggie’s phone being thrown from the vehicle. The State objects as speculation. Judge Newman calls for a standing break. Judge Newman has called for a 15 minute recess as the defense has rested.
3:07 p.m. EST – Sutton testifies that headlights on a Suburban would light the area 250 feet ahead of the vehicle and 20 feet on either side. Harpootlian asks if Sutton believes that Alex would have been able to see the bodies of Paul and Maggie Murdaugh as he pulled up. The State objects as speculation. Judge Newman sustains. Harpootlian re-phrases into more general terms. The State objects and is overruled. Sutton states his belief is the headlights would have illuminated the area.
3:01 p.m. EST – Harpootlian is now questioning Sutton about the speed of his Suburban on June 7, 2021.
2:57 p.m. EST – Sutton testifies in his opinion, you would not be able to hear the shots fired from the .300 Blackout from inside the main house at Moselle.
2:41 p.m. EST – Sutton testifies that he was asked to determine if a shot fired at the kennels could be heard at the main house. The humidity, vegetation, structure of the house, and temperature all factor into the acoustic testing.
2:31 p.m. EST – Harpootlian asks Sutton to confirm the shooter would have been between 5’2″ and 5’4″. Sutton is now discussing the shots fired at Paul Murdaugh. He states he noticed one of the buckshot pellets had wedged into a pine tree and SLED had documented the damage. Sutton states he marked that and ran a pink string to determine the trajectory of the bullet.
2:23 p.m. EST – Court has resumed after lunch recess. Direct examination of forensic engineer Mike Sutton by Dick Harpootlian continues. Harpootlian says he is almost done questioning Sutton about the quail pen and the dog house, but was thinking over lunch about how to explain things more graphically and pulls out the .300 Blackout to demonstrate.
1:00 p.m. EST – Sutton states in his opinion it is very unlikely that Murdaugh fired that shot. Judge Newman has called a recess for lunch. Court will resume at 2:15 p.m. EST.
12:50 p.m. EST – Sutton states based on the trajectory, he believes the shooter would be 5 feet 2 inches or shorter stating, “You would have to be bending over and have your shooting hand down at or below your kneecap. It just makes it very unlikely that a tall person made that shot.”
12:44 p.m. EST – Harpootlian using Sutton to drop the second shooter theory, again.
12:22 p.m. EST – Sutton is discussing the angle of a bullet in the side of the dog house.
12:11 p.m. EST – Sutton is walking Dick Harpootlian through a powerpoint presentation on bullet trajectory. He states a bullet hole in the side of the quail pen is interesting because it had an upward trajectory and locked the location of the shooter in for at least that one shot.
12:04 p.m. EST – Sutton tells Harpootlian that the measurements taken by SLED agents were critical in his analysis.
11:58 a.m. EST – Sutton states that the difference between him and a crime scene expert is that he utilizes physics to do his job. He is qualified as an expert.
11:52 a.m. EST – The defense calls Mike Sutton to the stand. Mr. Sutton is a forensic engineer. He states his job is to collect data on events and interpret what happened – or did not happen – using the data. He is detailing his experience for the court.
11:51 a.m. EST – Buster tells Griffin that if Maggie was staying at Edisto for multiple nights, she would take a combination of the dogs. No further questions.
11:48 a.m. EST – Buster confirms that Paul used his ID and that frustrated him. He testifies that Blanca primarily did his father’s laundry. Meadors has no further questions. Jim Griffin is conducting re-direct.
11:44 a.m. EST – Buster testifies his mom loved Edisto and that his mom was getting work done at the house. Buster says he does not know if his mother planned to stay at Edisto on the night of June 7, 2021. Buster tells Meadors he did not know his dad had stolen $192,000 from Chris Wilson. When asked if the boating accident put pressure on the family, he says he isn’t sure he would describe it as pressure but admits it was stressful.
11:40 a.m. EST – Buster states that the drive from the PMPED law firm in Hampton to his grandparents’ house took 10-12 minutes. Google Maps says it takes 7 minutes. Meadors asks Buster when the first time he discussed where people parked at his grandparent’s house was and responds a couple of days ago.
11:37 a.m. EST – John Meadors apologizes to Buster for his loss and says he doesn’t have many questions for him. Meadors asks Buster to clarify the entrances to Moselle again. Buster says he tended to use the main entrance of Moselle with the brick pillars. Meadors asks if one could see the lights on at the kennels when exiting the main driveway. Buster confirms this.
11:10 a.m. EST – Griffin asks Buster if he was in the courtroom when the June 10, 2021 video was played. Buster confirms and says that during the interview Murdaugh says, “They did them so bad.” He also states he heard Murdaugh say that multiple times on June 7, 2021. Buster tells Griffin he didn’t know anything about his dad stealing money. When asked how long it takes to clean out a kennel at Moselle, he says roughly 10 minutes per kennel. Griffin has completed his direct examination of Buster. Judge Newman called for a short recess.
11:06 a.m. EST – When asked about what happened in September 2021, Buster tells Griffin the roadside shooting and detox. Griffin asks Buster where Alex was keeping clothes at this time, he replies with a long list of different places that Murdaugh stayed at over the summer of 2021 after the homicides. Griffin shows Buster the Snapchat video of Alex and Paul Murdaugh with the tree on June 7, 2021 and asks if he recognizes the shirt. Buster says he does and also states he hasn’t seen his dad wear Vineyard Vines.
11:04 a.m. EST – The award announcement drafted by Buster and his father, Alex, is admitted into evidence. Buster reads it for the court. Buster testifies he is not sure why there was an expiration date for the reward.
11:00 a.m. EST – Buster reviews text messages between himself and his girlfriend, Brooklyn. He says that the texts show they stayed with Maggie’s parents in Summerville from June 13 to June 17, 2021. When asked if he took security precautions, Buster states he did not nor did he want security protection. He continues by stating that the places he was staying in had alarm systems and security cameras.
10:55 a.m. EST – Buster states that on Thursday, June 10, 2021, his grandfather died. He doesn’t recall his dad disappearing for any periods of time.
10:52 a.m. EST – Buster tells Jim Griffin that when his dad died, he was wearing shorts and a t-shirt. Buster testifies he packed a bag for his dad. When asked how he packed, he said he grabbed t-shirts from the stack of t-shirts in the closet. Buster says it is possible that some fell off the stack onto the floor. Buster states that they tried to sleep at Almeda but couldn’t so they – Alex, Brooklyn and Buster – went back to Moselle and showered.
10:48 a.m. EST – Buster says that on June 7, 2021, he received a call from his father. He says Murdaugh asked him if he was sitting down and said that his mother and brother had been shot. He drove with his girlfriend Brooklyn to Moselle and arrived around 2:00 a.m. on June 8, 2021. He testifies that when he arrived at Moselle, his father was “destroyed.”
10:45 a.m. EST – Buster testifies that the family spent Memorial Day weekend of 2021 at their Edisto home. Buster states the weekend before the homicides, he went to USC baseball games in Columbia with his parents.
10:42 a.m. EST – Buster says Maggie was concerned after reading news articles stating how much Mark Tinsley planned to sue the Murdaugh’s for following the boat crash. Buster says he wasn’t concerned because he didn’t have $40 million. He states his dad didn’t seem concerned about the civil case in the boat crash and that the criminal case was the first priority. Buster says the family was supporting Paul Murdaugh in the criminal charges because “none of them thought he was driving.”
10:39 a.m. EST – Buster testifies there was no violence in his family. When asked if Paul was threatened or bullied after the boat crash, Buster says he was bullied on social media and people would make “scuffs” about it in bars. He states the negative reactions regarding the boating accident consumed Maggie Murdaugh and she distanced herself from Hampton.
10:35 a.m. EST – Jim Griffin asks Buster how often his dad showered. Buster says Alex Murdaugh showered often because he would get dirty or sweaty at Moselle. Buster says he knew a “little bit” about his dad’s usage of prescription pills. He says after Christmas of 2018, his dad went to a detox facility. He states Murdaugh would do “at-home” detoxes from drugs as well.
10:30 a.m. EST – Buster states that cell service at Moselle was spotty. He tells Griffin that his dad and brother would both often lose their phones or leave them behind.
10:25 a.m. EST – Buster Murdaugh also testified his father’s demeanor was “completely normal” when he called him shortly after 9:00 p.m. EDT on the evening of the murders – saying his tone was “no different” than any of the previous calls he had exchanged with him earlier in the day.
10:21 a.m. EST – Buster testifies that he spoke to his parents almost every day on the phone. He says he spoke to his parents multiple times a day. When asked about the 1:11 p.m. call between himself and Maggie Murdaugh on June 7, 2021, Buster says he can’t recall the conversation. When asked if the call activity between the family on June 7, 2021 was unusual, Buster says it was not unusual. Buster doesn’t recall what the 518 second phone call from his father on June 7, 2021 was about either.
10:18 a.m. EST – Buster shows Jim Griffin where they would park at night and describes it as near the satellite dish.
10:12 a.m. EST – Buster describes traveling with both his parents’ families. Buster says in the spring of 2021, his dad would often check on his parents. When asked where they usually parked when they visited his grandparents, Buster says if they went at night, they would pull around to the back of the house and go through the back door. Griffin shows him the image from the timeline report showing where Murdaugh pulled in on June 7, 2021. Buster states it was normal to park there at night.
10:10 a.m. EST – Jim Griffin asks Buster if his father was close to Maggie’s father. Buster says they were very close. He testifies that his dad’s side of the family was close as well.
10:05 a.m. EST – Buster says that during the summer, his mother preferred to stay at the Edisto house. When asked where he was living in the spring of 2021, Buster says he had an apartment in Columbia and split his time there with Moselle. During the spring and summer of 2021, Paul was working with their uncle John Marvin at his equipment rental company in Okatie.
10:00 a.m. EST – Buster states he put a Mojo sticker on his Benelli. He testifies he frequently put the gun away loaded, but notes he typically put the safety on it. Buster says he loaded the Benelli with alternating shells. He typically put a larger shell in for the second shot. Buster says there were two entrances at Moselle. The main entrance is the one with the brick columns that led to the main house. He states almost everyone took the main entrance unless there was a reason to go to the second entrance. He states for Maggie Murdaugh, the reason was to get mail or packages as the mailbox was at the second entrance. He testifies that most used the main gate when exiting Moselle and when going to Almeda, you would turn right out of the driveway.
9:56 a.m. EST – Buster tells Jim Griffin about the many rifles they had at Moselle. He says in 2016 or 2017, they both received .300 Blackout rifles for Christmas. Buster’s was black and Paul’s was black and tan. Buster says Paul’s .300 Blackout was either stolen, lost or taken. After Paul’s was stolen, he used Buster’s gun which caused some fighting because Paul was irresponsible. Buster says he has never seen a replacement .300 Blackout.
9:52 a.m. EST – Buster states when he was in college, the family relocated to Moselle. Buster is describing the Moselle property. He says it is roughly 1700 acres and a lot of it is not accessible. He says there are around 20 deer stands, dove fields, and duck ponds. They hunted everything. Buster says they had a lot of friends who came to the property to hunt. Buster says the summer after his sophomore year in college, he lived in the cabin on the property with Nolan Tuten and Rogan Gibson.
9:47 a.m. EST – Buster tells Jim Griffin about his educational background and says his main interest was sports. He says his dad coached every little league team he played on while he was younger. He states Paul’s main interest was outdoors. Buster testifies that his parents attended all their sporting events. He says his parents bought Moselle when he was a sophomore in high school. After a hurricane went through and caused a lot of damage to their Hampton home, they relocated to Moselle.
9:44 a.m. EST – The jury is being brought in and the defense calls Buster Murdaugh to the stand. Buster is Alex Murdaugh’s oldest son.
9:40 a.m. EST – Judge Newman states he has been receiving emails regarding a social media post made by Jim Griffin. It appeared on Judge Newman’s Twitter feed. (Judge Newman has Twitter?) Jim Griffin states all he did was retweet an article. Judge Newman states to some that retweeting is the same as tweeting. Judge Newman states he will be reviewing rule 3.6 regarding this action. Judge Newman states it goes against the spirit of the rule and doesn’t pass the feel test.
9:33 a.m. EST – Court has resumed. Judge Newman states there is juror not feeling well and at a doctor appointment. He states they need to replace that juror with an alternate. This leaves two alternate jurors remaining. No objections from the prosecution or defense. Jim Griffin tells Judge Newman the defense plans to rest their case on Friday. Juror number 530 has been drawn to replace the juror who is ill.
7:04 a.m. EST – Our friend Brandi Churchwell has just released her newest charts on this case …
6:46 a.m. EST – In case you missed our latest ‘Week in Review‘ episode, this will get you caught up on everything that happened last week in Walterboro …
(Click to View)
6:20 a.m. EST – In case you missed it, our founding editor Will Folks appeared on this week’s edition of the ‘Murdaugh Family Murders: Impact of Influence‘ podcast.
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9 comments
Why couldn’t a 6’4” person shooting from down on one knee made that shot? Wouldn’t the trajectory be the same?
6’4″ person could not because the prosecution dropped the ball on crossing Sutton. Prosecution allowed Sutton use wrong math and didn’t challenge it. Sutton said someone kneeling had to shoot from shoulder height around 24″, but alex 76″ heigh subtract 25″ knee length meant that he would have been shooting at 51″ height if kneeling, so it was impossible for him to be the shooter. Alex shoulder height is 46″ according to the tape measure subtract 25″ knee length equals a 21″ kneeling shooting at shoulder height, which is well within Sutton’s claim for the kneeling shooter. If Alex was kneeling, he could aslo shoot from hip or under arm level which could allow for the rifle to be lower. Prosecution also didn’t question Sutton’s assumption that the shooter had to be kneeling completely erect, rather than kneeling slouched or kneeling sitting back either. Prosecution did not present convincing cross that Sutton isn’t a ballistics expert and has not actually be trained in bullet trajectories going through things like bodies. They did not question if Sutton was knowledgeable or trained expert on ballistics testing and methdology. Instead, they allowed Sutton to be an expert simply because he did his own anecdotal testing based on who knows what methodology. Prosecution used the word ricochet rather than deflected. People have different notion of what a ricochet is versus what would have happened if the bullet went through maggie into the quail cage, that is deflection in trajectory.
oops, my math was wrong. 64″ top of Alex shoulder, but you don’t hold a rifle at top of shoulder, 61″ in shoulder pocket. 61-25=36″ if Alex shot completely erect on knee, which no one does. You can still get to within 24″ for alex kneeling. Plus, Sutton’s assumption is there was no deflection of the bullet. A real expert would included maggie’s body entry and exit wound to align the quail cage bullet hole trajectory to find the actual originating height. The prosecution allowed the assumption that the bullet hole trajectory was unimpeded.
Wonder how tall defendant is on his knees ?
Sutton incorrectly claimed 51″ which the prosecution did not challenge, when in fact the numbers should have been 21″ kneeling at shoulder height.
Yes. I thought that and I think it’s very possible and likely. And if the shooter, probably Alex M, wanted it to look like someone much shorter did the murders, he is calculating enough to do that, or crouch, whatever. The best evidence is the
video of him minutes before the shooting. Where the bloody clothes and shoes and the guns are really baffles me.
The police sloppy work at the most vital time. They did not check his house or his mothers that night!!
Isn’t it possible that the person shot the victims from a golf cart or a form of an ATV?
Weakass cross-examinations from the State today. Buster’s should’ve been two questions, “Buster, you said that you could recognize your dad’s voice, and that he said ‘They’ instead of ‘I’, correct?”
“Could you please listen to the following video [plays kennel video] and identify the individuals on the video?”
“Thank you. No further questions.”
And, this afternoon’s cross was just a train wreck. So much fertile ground for cross, and the state’s attorney argued with the expert like he was in middle school. Unbelievable.
“Harpootlian asks Sutton, “What if any difference would it have made in the acoustical issues if you were testing different ammo?” Sutton replies no difference would have been made.”
That statement alone impeached this
expertidiot witness, subsonic ammo, even without a suppressor, is significantly quieter than standard ammo, particularly at distance. Ammo of varying loads and bullet types can have a 10-15% Db variations.His idiot statement that it didn’t matter if the target or shooter was moving shows his fundamental lack of knowledge about firearms in the real world. “Hunching” is typical behavior when firing at things other than targets that pose no threat.