COLLETON COUNTY, S.C. (WCBD) – Defense is expected to continue calling witnesses in the Alex Murdaugh murder trial Wednesday after only making it through two on Tuesday.
Murdaugh is accused of killing his wife Margaret and youngest son Paul at their family property in June of 2021.
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Murdaugh’s only surviving son, Buster, was the first to take the stand Tuesday.
Buster described his father as normal when they spoke on the phone around 9:08 p.m. the night of the murders, then distraught later that evening. He also gave the jury what the defense hopes is some clarity in an ongoing debate about what Murdaugh said in an interview after the murders. In a video, prosecution claims Murdaugh said “I did him so bad” when talking about Paul. Buster says he knows his father’s voice and his father said “they did him so bad.” He also said Murdaugh made the same statement the night of the murders.
Defense also called Mike Sutton, a forensic engineer, to the stand. Sutton offered what could be an exculpatory interpretation of data, much of which was collected by SLED.
Sutton said that he conducted a test to see if gunshots from the kennels could’ve been heard inside the main house at Moselle and found that the sound would’ve been so low it would be almost inaudible.
He also calculated the trajectory of several bullets based on evidence SLED collected from the scene and used simple trigonometry to determine the relative position and height of the shooter. In his opinion, the shot was made by someone who was around 5’2 and could not have been made by Murdaugh, who stands around 6’4.
Prosecutors mocked that theory, calling the shooter in Sutton’s renderings a 12-year-old. They also frequently called into question his credibility, pointing out that he does not have formal training in pathology or ballistics. Sutton said that his findings follow the laws of physics.
Testimony is set to resume at 9:30 a.m. Wednesday. A source close to the defense tells News 2 that Alex Murdaugh is expected to take the stand himself on Thursday, but that could change.
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12: 31 p.m. – Defense calls Ken Zercie to the stand.
Zercie is a forensic expert with a special focus on fingerprints, footwear and tire track analysis, and photographing crime scenes.
12:21 p.m. – Waters begins cross-examination. He confirms that Cooke said the reason for the motion to compel was to worry the defendant.
Waters asks if Cooke was there when Murdaugh confronted Tinsley at a trial lawyers conference. Cooke says no.
Waters asks if Cooke knew that Murdaugh was broke and had misappropriated funds. Cooke says no.
12:05 p.m. – Dawes Cooke is called to the stand.
Cooke is a lawyer out of Charleston. He is part of the team defending Murdaugh in the boat accident case. Cooke joined the case in December 2020.
Cooke says that when he joined the case, he wasn’t really aware of Murdaugh’s financial situation. They were focused on a potential venue change and other portions of the case at that point.
According to Cooke, the motion to compel financial records filed by Mark Tinsley was not a major concern. They figured the focus of upcoming hearings would be the more pressing issues. Cooke says they didn’t take it lightly, but they didn’t see it as an “existential threat” to Murdaugh.
Cooke says that in the hearing scheduled for June 10, 2021, he did not expect Murdaugh to have to give over financial documents.
12:00 p.m. – In redirect, Griffin points out that Ball immediately thought Murdaugh killed himself after he was fired. He asks if it ever crossed Ball’s mind that Murdaugh would kill a family member. Ball says that he is angry about what Murdaugh did to the law firm, angry that Murdaugh stole from his friends and family and clients, angry that Murdaugh lied, and angry that he didn’t know his friend. However, Ball says that those actions don’t mean he believes Murdaugh killed his wife and son.
11:25 p.m. – Court is back in session. Waters questions Ball about Jeannie Seckinger’s inquiry into Murdaugh’s finances.
Ball had to reach out to most of the clients from whom Murdaugh stole and explain the situation. He called one as recently as two or three weeks ago.
Waters asks Ball to list some of the financial victims. Several were people with whom Murdaugh had friendships or personal relationships, including an injured Highway Patrol trooper and a neighbor/business partner who was dying of colon cancer.
Waters points out that when Ball when back to the scene the morning of June 8 and was looking through the feed room, he got blood on his sleeves.
Ball says that when he got the call about Murdaugh being shot on September 4, his first thought was that Murdaugh killed himself. When he was told Murdaugh was shot, he didn’t believe it.
11:07 a.m. – The jury is sent to the jury room for a 10-minute recess.
10:32 a.m. – State prosecutor Creighton Waters begins cross-examination of Ball. Waters asks if Murdaugh was good at hiding who he really was. Ball says that he trusted Murdaugh for the 34 years they knew each other, but obviously, he didn’t know him as well as he thought.
Ball again confirms that it is Paul, Maggie, and Murdaugh in the kennel video.
He said the night of the murders, he spoke to Murdaugh about what he thought might have happened. He was concerned for Murdaugh and concerned for the law firm because they didn’t know if it was a disgruntled client.
Ball says that Murdaugh didn’t mention going down to the kennels that night. He said Murdaugh gave him and others the same version of events at least three times over the next few days.
Ball says that other aspects of Murdaugh’s story changed — like whether he checked Paul or Maggie first — but attributed that to the trauma of the situation and didn’t think much of it.
Waters asks about the reaction of the law firm. He says that the law firm shut down and rallied behind Murdaugh, but was also on heightened alert because everyone was worried for their own safety. Ball says he called SLED after the statement about no threat to the public came out. He said that he was told SLED didn’t know of any specific threats, but gave him some precautions the law firm could take.
Ball says that Murdaugh wasn’t actively calling clients trying to figure out if anyone had heard anything or to get a lead, but he says that he isn’t sure how one is supposed to react in the situation. Waters presses Ball, asking if Murdaugh showed any concern for his and Buster’s safety after the murders. Ball says that on July 4, Murdaugh brought a pistol to a party, which he found odd.
Waters asks about the Murdaugh family legacy. Ball says that the family was known to be powerful and help people out. He says he thought that the family legacy was important to Murdaugh.
Waters asks about Murdaugh as a lawyer. Ball says he was a very good lawyer and he got results for his clients. He says Murdaugh could look at a set of facts and decide where to go and where not to go. He could talk to anyone. Waters points out that Murdaugh was a good liar too. Ball says that Murdaugh was very cunning.
Ball says that Murdaugh was not a very good rule follower. He says that he would charge personal things to company credit cards and misuse funds, but they didn’t know the extent of it.
Ball asks about Jeanne Seckinger’s confrontation with Murdaugh on June 7, 2021. He says he didn’t know she was doing that until after. Waters asks if this time was different because Murdaugh didn’t have the money to pay it back. Ball again says he didn’t know that at the time, but he knows now. The whole world knows now, he says.
Waters asks if anyone at the law firm was concerned about the missing funds after the murders. Ball says they consciously put that problem on hold.
9:45 a.m. – Mark Ball is called to the stand.
Ball is a lawyer at Parker Law Group, formerly PMPED. He was a partner and friend of Murdaugh. Ball says he has known Murdaugh for over 30 years. Their wives are friends and their children have grown up together.
He recalls the night of June 7, 2021. He says another partner tried to call him, but he missed the call so he called his wife. They went over to Moselle immediately and arrived around 10:50 p.m. He said when you live in the middle of nowhere and you get a call that your law partner’s wife and child have been shot, you go.
Griffin asks if any roadblocks or barriers were up to stop traffic from coming in. Ball says no. He said that he brought up the need for roadblocks with Colleton County Fire Rescue Chief, Barry McRoy and Sheriff Buddy Hill. He also told a deputy coming in that the sheriff wanted it blocked off. Ball says the entrance was never blocked off and cars kept “piling in.”
Ball says that law enforcement and first responders were walking through the crime scene. He also saw water dripping off the roof of the kennels onto Paul’s body. He says it upset him for two reasons. First, he says you don’t want water contaminating the crime scene. Second, he says Paul was “a good young man” and it was disrespectful; Ball says “frankly, it just pissed me off.” Ball says they eventually put a tent over Maggie’s body, but not Paul’s.
Ball says that when he saw Murdaugh, Murdaugh “went to pieces.” He said that Murdaugh repeated, “look what they did, look what they did.” Balls said he didn’t think much of it until he was on the way home, then he realized it was an odd comment.
Ball says that when SLED got there, everyone was eventually asked to leave the crime scene and go to the house. Ball asked if that was okay. His first concern was safety. He said it was a big farm and he didn’t know if the killer was at the house. His second concern was whether the house was part of the crime scene and whether it had been processed.
Sheriff Hill asked Ball if he had any ideas about who would want to do this. Ball said not really. Sheriff Hill asked if Paul had received any threats, and Ball said he had received several connected to the boat case.
Ball says that when they entered the house, there was food still on the stove. He and a few others cleaned up the kitchen. He was there when SLED collected Murdaugh’s clothes.
Griffin asks if Ball’s clothes were dry that night. Ball said they weren’t wet, but they were uncomfortably damp.
They left around 3:30 a.m., he estimates.
The next morning, Ball went back over. By that time, the scene had been released, but there were still SLED agents there.
Ball said that it was “still a pretty raw scene.” He said there were birdshot pellets in the feed room. He asked someone he thought was a SLED agent about it and the agent told him they collected everything they need.
In the feed room, Ball says he also saw a piece of Paul’s skull about the size of a baseball. There were also still large bloodstains around the area. Ball said he was infuriated.
Ball said Murdaugh’s brothers tried to clean up the scene, but couldn’t. They asked Ball if he could help find someone to do it and he contacted the coroner’s office to try and find a company that cleans up crime scenes.
Ball took photos of CB Rowe’s vehicle, which he didn’t know belonged to Rowe at the time. He said that he thought the truck was odd because he didn’t recognize it and it had a jug of Clorox in the bed.
He says he also saw a cooler with around a dozen beer cans scattered around it out near the kennels and shed.
Griffin asks Ball if he was asked by SLED to identify the voices on the kennel video. Ball says he was. He identified Paul, Maggie, and Murdaugh.
Griffin asks if Ball can identify what Murdaugh said in the “I/they did him so bad” video. The video is played in court. Ball says to him, it sounds like “they.” He says that would also be consistent with what Murdaugh said to him the night of the murders.
Griffin asks what Murdaugh’s priority was in the boat case. Ball says Paul’s criminal charges were much more pressing than the civil charges against Murdaugh and Buster.
After Murdaugh was forced to resign from PMPED, Ball says he looked in Murdaugh’s office and found paperwork that looked like it was connected to the boating case. It had debts and assets listed, similar to a net worth statement, but not in the same form.
Ball collected Maggie’s jewelry from the coroner after the murders. He says that her diamond bracelet was in pieces.
Griffin asks about Murdaugh’s relationship with his family. Ball says that the person he thought he knew appeared to love his family very much. Ball says after September 3 he’s not sure he knows Murdaugh anymore, but from everything he saw, Murdaugh was devoted to his family.
Ball says Paul has been demonized and it’s not fair. He says that Paul acted out sometimes and he even brought it up to Murdaugh once, but Paul was always very respectful and was a good kid.
He says the law firm was like a family. Unfortunately, he says Murdaugh betrayed that when he stole the money.
9:35 a.m. – Court is in session.
Defense attorney Jim Griffin asks Judge Clifton Newman for an order ruling that should Alex Murdaugh himself take the stand, the prosecution be prohibited from questioning him about financial crimes. Griffin says that the defense will not ask about the financial crimes in direct examination, so the prosecution should not ask about them in cross-examination.
State prosecutor Creighton Waters argues that the matters are relevant and within the scope of cross-examination. He says when a defendant takes the stand, he waives his right against self-incrimination.
Judge Newman said that he would not issue an order limiting the scope of cross-examination. He said that objections should be made in real-time, not based on advanced rulings by the court.
Griffin asks if Murdaugh will be allowed to plead the fifth during the interview if they bring up the financial crimes. Judge Newman says that he is not going to give advice on what Murdaugh can say. He says he will take a look at the cases both prosecution and defense have provided as precedents.
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