COLLETON COUNTY, S.C. (WCBD) – Judge Clifton Newman will decide Wednesday whether to allow testimony about Alex Murdaugh’s botched suicide-for-hire attempt in his double murder trial.
Murdaugh is accused of killing his wife Margaret and youngest son Paul at their family property in June of 2021.
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Jurors heard limited testimony about the September 4, 2021 roadside shooting as Maggie Murdaugh’s family took the stand Tuesday.
Marian Proctor, Maggie’s only sister, described their last conversation just hours before the murders. Proctor said Murdaugh asked Maggie to come back to Moselle because he had just received bad news about his father’s health. Proctor encouraged her to go and be with him.
The state also used Proctor’s testimony to highlight how the boat crash was weighing heavily on the family.
Murdaugh’s team asked Proctor to describe his relationships with Paul and Maggie. She said Murdaugh and Paul had a wonderful relationship. She said that while Murdaugh and Maggie’s marriage wasn’t perfect, Maggie was happy.
Murdaugh’s team also used testimony from a neighbor who helped out with the dogs to portray Murdaugh in a softer light. They recalled a story in which one of the dogs was fatally injured and the family decided to put it out of its misery, but Murdaugh couldn’t bring himself to shoot it.
The jury also heard testimony from Proctor’s husband, the forensic pathologist who conducted Maggie and Paul’s autopsies, a representative from General Motors, and a forensic accountant who investigated Murdaugh’s financial crimes.
On Wednesday morning, the jury will also be retested for COVID-19, which could cause a delay if there are any positive results.
Court is expected to resume at 9:30 a.m., with the jury returning at 10:30 a.m.
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11:18 a.m. – The jury is sent to the jury room as prosecution prepares to play video of Murdaugh’s third interview with SLED on August 12, 2021.
10:25 a.m. – The jury is brought in. The state calls SLED agent David Owen to the stand. He was the lead agent on the murder investigation.
Owen says when he arrived at Moselle on June 7, 2021, he immediately asked Colleton County deputies for a briefing on the situation. He then immediately looked for Murdaugh so he could get his statement.
Owen says the weather was variable that night. It was raining off and on, so they conducted Murduagh’s interview in Owen’s car just before 1:00 a.m.
The interview was played for the jury in previous testimony.
CCSO deputy Laura Rutland (who previously testified) and Murdaugh’s attorney Danny Henderson were also in the car at the time.
Owen says that Murdaugh appeared to be of sound body and mind, other than being distraught over the murders.
Owen describes Murdaugh’s clothes. He says he didn’t notice anything strange about his appearance.
After the interview, Owen says Murdaugh went to meet Buster, who had just arrived. About 10-15 minutes later, Owen went to the house to collect Murdaugh’s clothes. Owen said Murdaugh was compliant. Owen says he could see Murdaugh is sure that Murdaugh gave him the clothes and shoes he had on when they conducted the interview.
The clothes and shoes Murdaugh was wearing are presented in court. According to the notes on the bags Owen put them in, the items were collected on June 8, 2021, between 1:40 a.m. and 1:41 a.m.
Owen said that he didn’t do anything to secure the scene of the house after collecting the clothes. He says there were a lot of people there. Owen said that nothing looked out of place; it didn’t look like a scuffle had occurred or like there was any forced entry.
Owen then interviewed Nolan Tuten in his car.
He says SLED was processing the crime scene and that CCSO and SLED had it secured. Prosecution asks if the scene was secured and guarded until all potential evidence was collected. Owen says yes, as far as he knows.
After the scene around the kennels and sheds was secured, Murdaugh’s vehicle was taken to CCSO for processing.
Prosecution asks about Paul’s phone, which was found on top of his back pocket. Owen says that in the interview, Murdaugh recalled trying to turn Paul over but then deciding not to. When he did that, the phone popped out. Murdaugh told Owen he considered trying to do something with Paul’s phone, but “thought better of it” and put it down on top of his pocket.
Owen says he stayed all night, as did the crime scene unit.
Owen conducted an interview with CB Rowe the next morning.
Owen describes the scenes around Paul and Maggie as gruesome and bloody, especially around Paul since he was on concrete.
The next day, SLED tasked some CCSO deputies with canvassing the area. They went down Moselle road talking to neighbors, asking whether they heard anything that night and about crime in the area, as well as seeking video surveillance evidence. Most of the houses did not have surveillance systems. The videos they did receive were not useful.
Owen says an additional interview was scheduled with Mrudaugh for June 10, 2021. He says that often when people have experienced tragic events, they don’t remember everything in the first interview. Owen said that typically after a few days, they start recalling more details and can think more clearly.
Prosecution asks if Murdaugh was clear on the fact that he hadn’t been down at the kennels the night of the murders. Owen says he was.
Later in the investigation, SLED obtained warrants to search the properties. They searched around Moselle, including around the shooting range and ponds on the property. They collected several shot shells that day.
In late July, Owen met Murdaugh at the Colleton County Sheriff’s Office. Murdaugh said that he wanted to get his suburban back. Owen said that he couldn’t get the car back, but that Murdaugh could get some of his belongings out. They met July 28 at the Colleton County Sheriff’s Office and Murdaugh got the belongings. Murdaugh asked him about the investigation that day and Owen said he had more questions as well, so they decided to meet for another interview after Murdaugh got back from vacation with Maggie’s family.
Owen says that at the time of the murders, he didn’t know the Murdaugh family but he knew that Paul had been involved in the boat case and that it had been a catastrophic event. He collected DNA from people connected to that case, as well as friends and family of the Murdaughs that were likely to have been at Moselle, to compare to swabs taken around the property. He said that helps investigators eliminate people as suspects.
On August 12, 2021, Owen conducted another interview with Murdaugh.
9:52 a.m. – State prosecutors say they plan to rest their case Thursday. Defense is flying in a footwear expert and hopes to begin calling their witnesses to the stand Friday.
9:37 a.m. – Court is in session.
Prosecution and defense are arguing before Judge Clifton Newman whether information about Murdaugh’s September 4, 2021, botched suicide-for-hire attempt should be allowed in the murder trial.
State prosecutor Creighton Waters argues that it proves consciousness of guilt.
Waters also argues that Murdaugh’s shooting was a ploy by him to distract from his financial crimes and the firing from his law firm, which took place that weekend.
Defense attorney Dick Harpootliain contends that the shooting may indicate a guilty conscience, but not about the murders. He says Murdaugh orchestrated the scheme because his financial crimes had been found out and he wanted to get money for Buster.
Harpootlian also says that if the state’s theory were true and Murdaugh kills people when he’s about to be found out, he would’ve killed Buster, not attempted to kill himself to get money for Buster.
Waters says that what happened at the side of the road isn’t that important, but Murdaugh claiming an “unknown assailant” shot him connects the situation back to Moselle.
Harpootlian says that Murdaugh couldn’t have concocted the scheme before the shooting because he never expected to wake up from the shooting. He says if a scheme was concocted, it was concocted after Murdaugh realized he wasn’t dead.
Judge Newman says that the financial crimes evidence was admitted for motive. This evidence is not so much motive, but more towards scheme and propensity to commit violent acts. Therefore, he says allowing this evidence is “a bridge too far.” He says it might be admissible in the financial crimes trial, but not in this trial at this time. Judge Newman notes that is subject to change.
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