WALTERBORO, S.C. — Jurors in the Alex Murdaugh double murder will hear about his attempt to take his life three months after the killing, after the judge in the case reversed his decision from earlier in the day.
Judge Clifton Newman made his ruling just before court wrapped for the day Wednesday.
Murdaugh was injured in September 2021 by a gunshot wound. He later was accused of hiring a man, Curtis Smith, to shoot him, along a rural highway. Murdaugh only suffered minor wounds to his head as part of the incident.
When the day began, Newman had ruled that any witness testimony about that incident would not be allowed, because it wasn't directly relevant. But he warned both sides his opinion could change if someone opened the door in a line of questioning.
That opening came as defense attorney Jim Griffin questioned SLED David Owen and brought up Smith and his associations with Murdaugh. Newman said the prosecution now has a right to bring or question witnesses about what the two men did on that rural road in September 2021.
Meanwhile the prosecution is winding down its case. Lead state attorney Creighton Waters had said several times his goal was to wrap up by Wednesday, but now it appears the state's side will continue until at least Thursday.
Murdaugh is accused of shooting to death his wife, Maggie, and adult son, Paul, at the family's large property in rural Colleton County, South Carolina in June of 2021. Prosecutors say he acted alone, but the defense says there's been a rush to judgment by police and the state to point the finger at their client.
You can find trial updates here every day. Live streaming coverage can be on wltx.com, on the WLTX+ streaming app on Amazon Fire and Roku TV, and on the News19 WLTX YouTube page.
Wednesday Alex Murdaugh Trial Updates
The morning session began with Judge Newman listening to motions from both sides about the admissibility of testimony.
The State: clear consciousness of guilt testimony, as in evasive conduct. In this case, it doesn’t matter what happened on the side of the road but what the defendant said about it and that it was untrue. Not only does he state he was a target of a vigilante, but his actions run parallel with what happened on June 7. He was confronted with Ferris fees on June 7 and confronted about the discovery of his embezzlement and subsequent firing from PMPED on September 3 and 4. The defense also opened the door with testimony presented, i.e. Marian Proctor.
Defense: linking a suicide attempt to motive for murder? This is guilty knowledge of the financial crimes, not the murder. His staged murder/suicide would have given Buster insurance settlement.
Judge Newman is denying State’s motion to present testimony about Alex Murdaugh’s shooting on the side of the road, at this time.
The jury was brought in at 10:30 a.m. and State called its first witness.
PHOTOS: Alex Murdaugh murder trial - Day 18 (Wed, Feb. 15)
SLED Agent David Owen
Owen has been with SLED’s Lowcountry Region since 2015 and was the lead investigator in the murder case.
On June 7, 2021, Owen was on call. He got the call around 10:30 p.m. to respond to Moselle. It took him until midnight to reach the scene. Upon his arrival, there were multiple law enforcement and rescue personnel at the scene. He was briefed by his supervisor and paired with Colleton County Sheriff’s Office (CCSO) Detective Laura Rutland.
Owen testified he walked the scene, saw the bodies of Paul and Maggie covered with a sheet and observed evidence placards placed by CCSO to preserve the location of evidence at the kennels and vehicles at the scene. He was told Alex Murdaugh was there at the scene, along with others that were friends and law partners.
Owen said he needed to talk to Alex since he was told Alex was the one that had discovered the bodies and called 911. Owen was treating the scene as a homicide. He testified the weather had changed, it was raining intermittently, so Owen interviewed Alex in Owen’s Dodge Durango and recorded the interview using a body cam clipped to the visor. Owen was in the front driver seat, Alex in the front passenger seat with his attorney Danny Henderson and Det. Rutland in the back seat.
At the time of the initial interview, Owen testifies he did not notice Alex to be under the influence of any substances and that Alex answered his questions. Owen said he shook Alex’s hand and noticed he had on a white t-shirt and khaki shorts and bright tennis shoes. There was nothing out of the ordinary about Alex’s appearance, he testified.
At some point, maybe near the end of the interview, Owen reaches over to touch Alex’s shoulder to console Alex.
After taking the statement, Owen said he and Rutland went to the house with Alex and collected Alex’s clothes. There were multiple people in the house, so Alex and Owen went upstairs, and Owen stood in the doorway of the master bedroom and took Alex’s clothes as he disrobed. Owen testified there were others moving about the house. He said he made some general observations, nothing seemed out of place, no sign of struggle or forced entry.
Owen identifies the tennis shoes Alex wore that night and says the shoes were damp when he collected them – it had been raining. No observations of stains on the shoes.
Owen identifies the sealed bags containing the t-shirt and shorts collected from Alex. He had packaged the clothing in separate bags so there would be no cross-contamination. When he saw the pants on June 7 and 8, Owen testifies he did not see any stains, they appeared clean.
Did someone from SLED come to the scene and investigate the scene and secure the scene? Yes, there were several investigators from SLED and CCSO. As far as Owen knows, all of the evidence was collected from the scene.
The Suburban belonging to Alex was secured and towed to CCSO for processing.
The phone that was on Paul? Owen testifies officers documented and collected evidence around the bodies, they (law enforcement and the county coroner) approached the bodies and uncovered Paul and found the phone on Paul’s backside. Alex said he had checked Paul for a pulse and tried to roll the body and the phone popped out of Alex’s pocket. Alex said he picked up the phone, thought better of it and put it down.
Owen said he collected the phone in evidence and noticed the battery was dead, so he pulled the SIM card because he couldn’t put it in airplane mode.
Owen testified he located Nolan Tuten and conducted an interview with him in his car. He said he left around 8:30 the next morning.
Before leaving Moselle, around 7 am., Owen said he talked to CB Rowe, a farmhand. Alex had said Rowe didn’t work on Monday, June 7, and had relayed a story about Rowe being in the service of a CIA operation in the 1960s-70s. Owen said he checked Rowe’s alibi about taking his father to the doctor.
Owen said the crime scene around the bodies was “very gruesome, very bloody.” Paul was on concrete and stone, allowing for blood pooling, and Maggie was on dirt.
Owen says Rogan Gibson was at Moselle on June 8, as was Roger Davis (dog keeper for Murdaugh). Owen says both men were interviewed.
Owen testified officers from SLED, the 14th Circuit Solicitor’s Office, and CCSO canvassed the neighborhood in daylight trying to locate video surveillance, ask about recent crimes. Available video from neighboring properties was useless in identifying vehicles entering and leaving Moselle.
Gibson’s interview was the first time Owen says law enforcement heard about a video at the kennels, with Paul, Maggie, and Alex.
On June 8, the main house was searched, and investigators spoke with Lee Cope and John Marvin Murdaugh.
On June 9, Owen speaks with Alex through an arrangement with John Marvin. The interview took place on June 10, around 1:54 p.m., with Alex and his brothers. The second interview had Alex, SLED Agent Jeff Croft, and Jim Griffin. It was a voluntary statement by the defendant, Owen said, and Alex did not appear to be under the influence of any substances, he appeared to be clear in his mind.
Owen testifies Alex was clear that he had not gone to the kennels and had visited his mother at Almeda before arriving home at Moselle and the kennels. During the interview, Owen said he did not collect Alex’s phone but Dylan Hightower did a logical extraction of its data, and the phone was handed back to Alex after the interview.
Owen talked to Marian Proctor the following week. Maggie’s Mercedes was processed on June 15, as were the ponds and fields at Moselle. SLED worked with local law enforcement personnel to complete the searches on June 15-16. Spent shells – 300 Blackouts and shotgun ammunition – were collected.
Owen then talked to pathologist.
Owen testified, according to Alex, Maggie had gone to a doctor in Charleston and Owen verified the visit. Owen talked to Alex again on July 28 at CCSO. Alex contacted Owen about getting his Suburban back or at least some personal property out of the vehicle. Alex also asked about the investigation but told Owen he could not do an interview at that time. On August 4, Alex and Owen schedule an interview for August 11. Alex wanted to know how the investigation was going, and if there was a suspect.
Owen tells the court that swabs were taken on June 7 because friends and family were at the house and law enforcement needed the swabs to begin ruling out suspects.
He testifies there were no guns found around the bodies of Paul and Maggie, with the exception of the shotgun Alex had retrieved from the house.
Owen said he knew about the boat case and that Alex had mentioned it in the 911 call, and in the first interviews at the scene. Owen followed up on any leads.
On August 11, another formal interview with Alex took place at the SLED Lowcountry office around 11 a.m. in a plain interview room with a table and chairs. Video cameras at the ceiling are visible and recording the interview. Owen identifies photographs of the room for the jury.
The interview from August 11 is played for the jury. Owen, SLED Agent Jeff Croft, Alex Murdaugh and Cory Fleming (a defense attorney and friend of Alex) participated.
Before they started, Owen says he has some questions for Alex. Fleming tells Owen he thought they were there for an update; Owen says he needed some clarification on two of the interviews Alex had given. Fleming wants information first n the update before Alex answers.
Owen is asking questions to further the investigation. Fleming is not comfortable with Owen asking questions if Alex is a suspect. He was expecting update, not questions.
Owen tells Fleming, as with any homicide investigation you start with the closest person until they can get them out. He was asking questions to get Alex out of the suspect pool. Fleming said everyone has an opinion in the case and can’t imagine he’d be asking about what’s on the internet. Alex said he is comfortable about answering Owen’s questions.
Owen asks Alex, who was at the house when you left for work Monday, June 7, and when did you leave? Alex responds: If you need to know exactly when, it would be a keypad that can tell you when I got to the office. Maggie got up early for appointment in Charleston, I don’t remember if l left after her or piddled around. Paul stayed elsewhere.
What time you get home? Alex said earlier than normal, 5:30. He and Paul got there around the same time in two different vehicles, in the white pickup and black pickup.
Did you see any rifles or shotguns in the vehicles? Don’t remember seeing them that day, we had pistols. We rode around a couple of hours seeing things. (Alex appears to be breaking down, crying) I can do this. Started out looking at sunflowers and just rode and talked and rode and talked. Paul had been having trouble with blood pressure and talked about health and farm.
Did you try to get Paul to go to the doctor? Yes, but didn’t want to go. He is feet were swelling up, he was very resistant about seeing doctor about stresses with everything about boat thing. We tried to watch him closely, but he was resistant
Maggie got back later, probably a couple of hours after we got there
When you returned to the house was Maggie there? Alex said he didn’t remember if they met her at the shed or at the house, but it wasn’t unusual for Maggie to swing by the kennels. Alex said Maggie wasn’t supposed to be there, but, he said, Maggie was worried about him and him worrying about his dad. Alex said Maggie was supposed to stay at Edisto that night because there was work going on at the house in Edisto.
Blanca made dinner and the three of them ate dinner together, normal
After dinner, Alex said he dozed off on the couch and doesn’t know what Paul and Maggie did. The TV was on, but he wasn’t watching it.
PHOTOS: Alex Murdaugh murder trial - Day 18 (Wed, Feb. 15)
Owen asks about a tree video where Alex is wearing khaki pants and a dress shirt and at what point did Alex change clothes, before or after dinner? Alex asks what time the video was taken, Owen says around dusk. Alex responds he probably changed after dinner.
Owen asks Alex about checking on Maggie before he left to go to Almeda. Why didn’t he check on her if she hadn’t answered Alex’s call before going to Almeda, especially if she was supposed to be going with him to Almeda.
Alex said it wasn’t like they had plans to go together to Almeda.
Owen asks about the route Alex took that night to Almeda. Alex gives directions from Moselle to Almeda.
Owen asks how long Alex was at Almeda and Alex responds 45 minutes to an hour.
Owen asks if he then headed home and made any stops along the way. Alex said he went straight to Almeda.
When Alex was with Paul, did they discuss any injuries to a dog? Alex said Rogan Gibson told him about a dog with a tail or broken leg. (Not Paul) Alex said Gibson’s dog was a chocolate lab.
Owen asks Alex what entrance he used to return to Moselle. Alex doesn’t know how Maggie and Paul got to the kennels that night. Owen tells Alex they probably used the black pickup. Alex said if you showed him proof Paul walked down there, Alex would be surprised. Paul would have talked Maggie into riding down there.
Alex said he and Paul were just knocking around the property and Alex didn’t go to the kennels after supper.
Owen then confronts Alex with the video on Paul’s phone. Alex said Gibson asked him if it was him at the kennels at 9 pm and Alex said he was not. Owen says Gibson has been around the family all his life and Alex has a distinctive voice, could Gibson have been mistaken? It surprised Alex Gibson identified his voice.
When Alex returned from Almeda, he says in the interview, the dogs were where they were in the kennels when he left.
In the 911 call, dispatcher asks if Paul and Maggie were breathing, if there any guns and the dispatcher hears Alex say “here” as if he’s calling a dog. Alex says there are things people have said about the call that he doesn’t remember. Alex said obviously there was no one out there and certain there was no dog loose, but Buster would know about threats. Alex said he was asked about threats and that Buster would know.
Owen asks Alex if he found out anything else about threats to Paul? Alex said there are so many things on the internet, but nothing new, no.
Owen goes back to the 911 call and asks which door Alex went through to get the shotgun. Alex said he went in the side door and grabbed a shotgun.
Owen asks how Alex loaded the gun, saying hunters have certain ways they load. Alex said he loads all kinds of shot and puts it in the gun and presses the button. He normally wouldn’t put a bird and buck shot together.
Owen said the shot shells gathered by SLED, one was a birdshot and a buckshot. The gun Alex had that night there was a bird and buckshot loaded in it. A gun on the pool table had bird and buckshot, and a gun taken for evidence was a combination bird and buckshot.
Alex said he grabbed what he had and didn’t know what he had.
Alex said there was some guns missing from his gun collection – 3 guns missing – a Benelli shotgun, a Browning shotgun and a Remington pump shotgun. The Benelli and Browning are autoload. Alex said he did not have registration numbers and did not report them missing. Alex also understands a 300 was used that night.
Owen says John Bedingfield replaced the missing 300 and the guns are in the ATF system. Law enforcement would know if they turned up.
Owen tells Alex 300 casings were found by Maggie, near the house and at shooting range. The ones by the house and shooting range are confirmed to be the same as those that were found near Maggie.
Alex said he asked Buster about the gun that was missing.
Owen tells Alex that Nolan Tuten recalls the 300 went missing at a Halloween party from 2018 and it was taken from Paul’s truck.
Owen goes back to 911 call where Alex said, “I should have known,” and asks him what he meant. Alex said it was probably something to do with the boat wreck and all that.
Owen asks Alex if Paul ever got physical with him? Once. Did Paul get physical with Maggie? No. Alex said the one time Paul did get physical with him, Paul had had too much to drink. It was at Moselle, and it was a while ago.
Owen asks Alex, when you tried to turn Paul over and picked up his cell phone, you said it popped out and you picked it up and was going to do something, what was you intention? Alex said he didn’t know want he was going to do, he had no intentions.
Alex is asked about dinner, was it a long, drawn-out dinner? Alex said it was about 15-20 minutes, he guessed.
Alex is asked about riding around with Paul and Alex said there were no guns, how long before that time were there guns? Alex said Paul always had guns, it was unusual for him not to have a gun.
Owen says, Paul drove a truck that was put in the shop Video shows Paul didn’t take anything out of the truck, did Alex know where the truck was parked and where Paul may have put any guns. Alex is unsure. He said on Friday he went to the hospital to stay with his dad and doesn’t recall seeing Paul. Maggie and Alex went to Columbia on Saturday. Paul didn’t go with them, he wasn’t into ball as much, Alex said.
Owen says he’s trying to understand Alex’s timeline. Other timelines Alex can’t remember what time he was doing things. Owen said the 911 dispatcher asked Alex when was the last time he saw Maggie, and Alex responded an hour and a half ago, probably two hours ago. The call was placed at 10:06, so the last time Alex saw Maggie was around 8 p.m. Alex said that’s probably right; and he asks Owen if he has provided an inconsistent timeline.
Owen said the times weren’t matching up because key card said he entered PMPED at 5:30 p.m. and Randy said he left at 6 and Alex was still there. Alex said he left before his normal time, sometime before dark because he tried to get home before dark because Maggie didn’t like being at Moselle alone after dark. Alex said he was home long enough for he and Paul to ride together “for a substantial time.” They rode all over, Alex said.
Owen asks if Alex’s questions had been answered and if there were any questions Alex had. Alex said he wants to know what happened that night.
Owen said he believed Paul was shot first. Alex said he thought Maggie was shot first because she was shot in the back of the head. Owen said he thought Paul was shot first because if he had seen his mother shot first, he wouldn’t have gone to the feed shed.
Owen told Alex they had established family guns had been used in the murders. Alex didn’t respond to that. If the guns came from Paul’s truck, Paul’s truck was parked at the house and the keys were at the truck.
Alex said Nolan Tuten said he saw the guns three weeks before, and asks Owen were they the ones at the house?
Owen asks if the Benelli was one Paul kept? Yes
And a 7mm rifle? Yes.
That’s what Nolan saw? Someone told me Nolan saw a 300. Owen: Nolan said he hadn’t seen it since March. Alex: there was one missing at Christmas time. Owen: the third one was missing?
Alex asks Owen if he got forensics form the scene? Yes, but its everyone’s
Alex asks if there were one person, two persons, three persons involved? Owen said there were two guns, two different types of ammunition, but it’s hard to say
Alex asks if they suffered long, and Owen responds it was fast.
Alex asks Owen, did you get information from Paul’s phone? Let me ask you this question from Randy – they have a lot of friends in the community, and they think they can ask people to keep and ear out without reaching out? Owen responds he is not going to ask anyone in the law firm to go out and do anything because it could be construed as working as an agent for the state.
Alex asks if there’s anything substantive for Owen to name a suspect in the murders? Owen tells him they have the evidence collected that night and cell tower information and the FBI was out riding the property to collect data and evidence.
Alex asks about downloading the Suburban’s OnStar information and Owen says there were two systems taken out of the Suburban and the FBI is working on extracting information.
Alex asked about retrieving information from Paul’s phone, he said he doesn’t know would be authorized to unlock it.
Owen said they’ve unlocked Maggie’s phone, but they were waiting on Paul’s.
Alex asked if the personal representative of Paul’s estate can authorize the phone to be opened and Alex said he would probably be the PR. Owen asks to get working on that and Owen would reach out to Apple.
Alex asked if Owen has tracked down rumors on internet. Owen says they’re tracking some things, but some things are so farfetched and all over the place.
Alex said Owen is taking a bad rep for not releasing information to the press but, Alex said, why tell the bad guy what you’ve got?
Alex asks Owen, you’re certain Paul was shot first? That’s what Owen believes, if there was one shooter. Owen says if there were two shooters, Maggie and Paul could have been shot at the same time.
Alex asks Owen to talk to Maggie’s family and Owen agrees to meet with them.
Alex thanks them and tells Owen he knows he’s doing everything he can.
Alex is asked if Maggie didn’t like to be at Moselle by herself, did you talk about installing cameras? Alex said they had talked about cameras and hadn’t done it. Alex said there wasn’t anything much missing until Claude “CB” Rowe was hired.
Owen asks about Rowe and another worker at Moselle that Alex talked about, to get information on possible suspects.
Alex is asked if the 300s were a matching set? Alex said yes. He is asked about the 300 replacement and if it had a scope. Alex said Paul could have added a scope.
After lunch, Owen’s testimony, and the playing of Alex Murdaugh’s interview from August 11, 2021, continues.
The video of the interview picks up with Owen asking Alex when the last time the missing 300 was seen. Alex said he looked for I t around the Christmas holidays of 2020
Owen said he cannot exclude the boat incident and those involved. He asks Alex the status of the civil suit. Fleming, Alex’s lawyer, said he knows nothing about any of that stuff and he probably shouldn’t be talking about that stuff without the other lawyers in the case knowing about it. Alex said his insurance people hired lawyers and the case is progressing.
Owen said he knows it is in process and wants to know if an offer was made and denied and now there’s someone pissed off and trying to get to you. Alex tells Owen there might be a dad of one of the people involved who may be going out telling folks you can’t be friends with me if you’re friends with the Murdaughs. Alex says it was Nolan’s younger brother.
Alex gets up to answer a phone call from Buster.
Owen shows Alex the snapchat video from Paul’s phone showing the dress shirt and long pants Alex is wearing and asks if it is from June 7, because that is when it was posted. Alex said he doesn’t know.
Anybody from the boat or the family who may know of any issues recently with them or prior to June 7. Anything that might lead Owen to suspect someone? Alex responds maybe Kyna Treherme called, all out of sorts and she said she heard it from two sources… it was so over the top I didn’t pay attention, Alex says. Alex says she didn’t know who the people were but had heard it from a friend of a friend. Alex tells Owen he understands Owen has to look at him, and Alex is trying not to talk to anyone in the boat case. Alex understands people have been saying he went around and tried to fix things in the boat case and that was untrue.
Owen said friends will talk to friends and family and not talking to law enforcement. Alex said he will ger someone to talk to her to get her to talk to you.
Owen asks Alex if he killed Maggie or know who did? Alex answers no
Owen asks Alex if he killed Paul or know who did? Alex answers no
Alex asks Owen if Owen things he killed Paul or Maggie.
Owen said he has to go with where the facts lead him. “You are still in this.”
>>>>>>>>>>>>>
Owen says Paul was the only suspect in the case.
Owen believed Alex was trying to stay out of the investigation and letting law enforcement do their work.
Bianca Simpson had been interviewed at this point concerning the shirt. Later Simpson tells Owen Alex had a talk with her about what he was wearing on June 7.
Did you have emails from Blanca or Maggie’s phone at the time of this interview? No
You asked how long he stayed at his mother’s house? Yes. Alex told me 45 minutes
Had you talked to Mushell Smith about the time Alex spent at his mother’s house? Yes, she had stated it was about 20 minutes
And was the time difference inconsistency a red flag? Yes, it wasn’t just this, it was some other things
Ever get a gun list from Alex? No
How many times did Alex call about the investigation? Four or five times
What inconsistencies stuck out? Time at his mother’s. The first time in June, he said he was at his mothers “a little while;” on June 10, Alex said it was 25-30 minutes; in the third interview, it was 45 minutes to an hour. With he and Paul riding around, it was first 45 minutes to an hour, then an hour or two.
Alex in background of the video in Paul’s phone but Alex said he didn’t go to the kennels. Alex never told Owen he went to the kennels but stayed at house and took a nap
The boat case in 2019 was dismissed by Attorney General’s office after Paul’s murder? Yes. That case criminally was over in August 2021.
In 2021, in the fall, you said a financial investigation started and overlapped this one and fed off each other? Yes. Owen said the financial investigation gave him more suspects in the murder case. Did Owen follow up on the investigation? Yes
From August and September 2021 through 2022, you were working exclusively on this case? Yes
And search warrants were still outstanding? Yes
Maggie’s phone was collected on June 8, 2021, by the side of the road. How much information did you get from the phone for this investigation? A full extraction
Alex’s phone was not taken at that time. A surface extraction was taken on June 8, not a full extraction. Owen said he got the phone back in September. During the time difference between June and September, a lot of the information was overwritten and cached out, Owen said they compared the August surface extraction with the September full extraction and found some phone calls had been erased.
Paul’s phone. You asked Alex about turning Paul over and Alex said he had picked up the phone. The first interview, Alex said the phone popped out of Paul’s pocket and Alex picked it up and then put it down.
Owen said the full extraction in March 2022 retrieved the kennel video, time stamped 8:44 p.m.
Until that day, had anyone else known the video was there except Paul? Not to his knowledge.
Information was gathered through this past weekend? Yes. General Motors turned over information from the OnStar device on Alex’s Suburban.
So, SLED has been investigated this case non-stop? Yes
Were there any other credible leads that lead to anyone other than Alex Murdaugh? No
CROSS EXAMINATION by Griffin
Within the investigative circle, Alex was in the circle since the moment he called 911? Yes
No one had to give you a lead to put Alex in the circle? No
What has happened over the last year and a half to two years is you haven’t been able to get him out of the circle? As long as there’s credible evidence to keep him there, yes, he is in the circle.
SLED failed to take immediate steps to preserve evidence that could possible exclude Alex from the circle? No
Your investigation from 8:50 and 9:50 that night -- one person or two people had to have the weapons. Someone at the time of the murders had those weapons and would have blood and biological material on them because they blew Paul’s brain out of his head, correct? If Alex was the perpetrator, he would have had to have brutally murdered Paul and Maggie, changed clothes, gotten rid of the weapons? Yes
Law enforcement searched the residence early morning, June 8? Yes
No murder weapons were found at the crime scene? Correct
No murder weapons found at Moselle? Yes
Was a search between Moselle and Almeda conducted? It was not walked, but driven on ATVs.
Waterways searched? Several were
GM OnStar data shows Alex did not stop between Moselle and Almeda. You never searched Almeda property for murder evidence, guns bloody clothes, etc. before September? Owen responds: If I had probable cause in June, I could have searched
Alex and John Marvin were assisting SLED. If the route between Moselle and Almeda had been searched it would have excluded Alex? Owen said it wasn’t until hours later, when Owen sees the bodies and the caliber of weapons, to know what to look for.
CCSO recognizes 300 caliber casings? That’s what they told me but I needed to confirm
Alex told you he left Moselle and went to Almeda? Yes
In the first interview with Alex, he did not inform you he went to the kennels? Y es
And Rogan Gibson gave you conflicting information? Yes. Gibson had said it was 100% sure of Paul and Maggie’s voices and 99% sure of Alex’s voice on the video from Paul’s phone taken at the kennels.
What were you looking for at Moselle? Cartridges, needed to see what firearms and ammunition was in the house.
Why was someone looking in the drains and tubs? Owen said the person was looking for evidence.
Alex was in circle and been in the house? yes
Alex was in circle and been to Almeda? Yes
So, we can agree there was an opportunity missed? For Almeda, yes
You would expect the guns would have biological evidence on the gun and the 300 and shotgun would have GSR on them? yes
And you would look for signs on a vehicle? Yes
Nothing in the Suburban, no blood in the back? No
No evidence of GSR? No
No evidence of blood and GSR in back seat? No
Only a spec of GSR on a seat belt? yes
Only a drop of blood on the steering wheel? yes
You could rule out Alex put any guns in the back of the Suburban? Unless he wrapped them in something.
You did search for blue tarp in September and find blue raincoat in the closet? yes
The blue rain jacket was shown to Shelly Smith? Owen says he showd Smith a photo of a raincoat and asked Smith if it was a similar color to what she saw.
Showed the photo to the family? Yes
Not one of the family recognized the raincoat? No
Shelly said the tarp was laid out on Libby’s chair? Owen showed Smith a photo to identify the color.
The rain jacket tested for blood and didn’t have blood? Yes
If someone had wrapped something in the rain jacket, there would have been blood? Yes, I believe there was someone carrying guns inside the jacket because there was GSR found inside.
No blood or DNA in the jacket? No.
Were there any wet spots in the Suburban? No
If Alex had cleaned up after the murders, you expect to find trace evidence in the house? There was no trace evidence in the house… if Alex cleaned up there.
No blood on carpet or floors? No
On July 7, 2021, you got snapchat video of Alex dressed in a blue shirt and long pants. Is this the same video you showed Alex during the August interview and you asked Alex when he changed? And he said he didn’t remember. And you agree, in August you confronted Alex and asked him if he killed Paul and Maggie and Alex asked if he was a suspect. You told Alex you had to go where the evidence leads you? Yes
And Alex was the only suspect? yes
Did you learn after confronting Alex and showing him the video, he confronted Blanca about his clothing? yes
Until August 11, you reached out to Alex, to me, whenever you needed to go to the property and consent was provided? Yes
At no time did you ask Alex where the blue shirt and khaki pants were? No
Your investigation was focused on the white t-shirt, shorts, and tennis shoes he was wearing at the time on June 7? Yes
You were looking for back splatter on the clothing? Yes. We asked an individual to look for high velocity back splatter on the clothing.
That was after you had already tested for them? Yes
The t-shirt is completely purple after being tested with chemicals? Yes
Zapata’s report was completely overlooked saying there was no blood on the shirt? No, I had not seen the report.
You didn’t see the report until after Alex was indicted? Yes
On August 11, did you know there was unknown DNA under Maggie’s fingernail? Owen said he had been told it was one anneal under the nail and that amount was not enough to test.
Maggie and Paul’s clothes were not tested for DNA? No
Was any DNA testing done of Paul’s pocket? No
Alex’s shirt was tested front and back. What are you expecting to find? Evidence to include or exclude him as a suspect
Alex said …Lack of any other DNA would have excluded him.
So, DNA didn’t add anything but would support the idea Alex couldn’t have been wearing those clothes when Paul was killed? That is one assumption
There was some DNA of Paul found on Alex’s shirt? Yes
You didn’t know at the time but know now what you told the Colleton grand jury was incorrect referring to blood on the shirt? Yes
On June 8, you obtained Alex’s clothes and mentioned you wanted to get them but Buster was arriving, so you gave Alex time to greet him and gave Alex privacy to change clothes? Yes
You put the shorts in one bag and t-shirt in another? Yes, while standing in the doorway
And Alex was wearing gym clothes and a t-shirt? I cannot recall what Alex was wearing afterwards.
A pair of khaki pants taken from the house? Not to Owen’s knowledge
You stated Alex indicated he attempted to call Nolan Tuten on June 7. Are sure it was Nolan not Rogan? Owen responds: Alec contacted Nolan Tuten and attempted to contact Rogan Wilson
It was raining and Paul’s body got wet and water running down the concrete pad could have mixed with Paul’s blood? Yes
Alex called you multiple times for updates and wanted you to update Maggie’s parents? Yes, but I was going to update Maggie’s parents anyway.
And a reward was offered? Owen thought the $100K award came from the law firm and it had an expiration date.
The shotgun shells found in the feed room where Paul was murdered was a turkey load and buckshot? Yes. Someone told Owen it was turkey load.
In the August interview, you told Alex there were guns found at Moselle loaded with buckshot and birdshot. Can you identify guns from the house loaded with bird and buck shot? No
So, you tricked Alex? I am allowed to use trickery to elicit a response.
SLED found there were different loads in the shotguns but not birdshot, buckshot combination.
Owen is shown a portion of his grand jury testimony on Nov. 16, 2021. Reads: Were all of the guns loaded in a similar fashion?
Owen: Guns located in the house were loaded in a similar fashion
And that turned out to be false.
The time inconsistencies: Alex told you he left Moselle between 9 and 9:10? It was narrowed down to 9:04 or 9:06 by looking at text messages.
When he got back and called 911 it was 10:06. He was gone about an hour? But Owen’s question to Alex was how long he was at Almeda
It is SLED’s assumption that Paul and Maggie were murdered between 8:50 and 9:06 p.m. How long Alex was at Almeda is irrelevant if the investigation is focused on the time? Owen: Not if I’m building a timeline. If he says he was there 30 minutes once and 45 minutes at a different time.
GPS has Alex going straight to and from Almeda. Owen: but it also shows one of the points along the path shows him way off the path
The fact Alex couldn’t recall the time he rode around w Paul significant in you investigation? Yes
You testified in fall 2021 the financial investigation began, and the financial investigation fed off of the murder investigation? Yes
You had excluded everyone except Alex, and he was your only suspect? Yes
And CB Rowe told you one thing that later told you another? Yes. He didn’t want Mr. Murdaugh to know he was looking for another job
You found out in September Alex was fired for stealing money and had a drug habit? Yes
Curtis “Eddie” smith was the man Alex bought his drugs from? Yes
And Curtis “Eddie” Smith dealt with the Sandhill drug gang? yes
Did SLED ever conduct a phone analysis of the drug gangs’ phones the night of the murders? No. We did the cell phone and tower analysis to track calls and phones coming into the property.
Members of the drug gang never were in the circle? No, that investigation is still ongoing
You did not identify life insurance on Maggie and Paul? No
One of the things asked of Doctor Riemer was about a stain on Maggie’s calf. Did you recall asking about a bruise? Owen: There was a print on the back of Maggie’s calf and Dr. Riemer thought it unintentional mark.
Were any fingerprints taken in feed room? Unsure
Was a DNA sample taken from Eddie Smith? I understand one has been taken but not traced
How is it the lead case agent was left out of the hematrace report showing no blood on Alex’s clothing? Owen testifies, once he found out the report existed, he double-checked and did not see the email notifying him of the hematrace report.
After you found there was no blood on Alex’s short, you started to ask about the shirt he was wearing in the snapchat video? Yes
You never asked for those clothes? No
Was there evidence Eddie Smith was skimming money from his drug source? No
You mentioned the blackout cartridges near Maggie was ejected by same firearm that was at the house. You were informed by the lab they couldn’t say 100% that a gun was the murder weapon until the gun was found to compare it to.
REDIRECT
Did the gun expert say the shells had been in the same gun at some time, and it was a family owned gun? Yes
And Alex asked how did they get it? Yes
On June 7, did you ask Alex, “tell me what happened” on June 10? On June 10, I wanted more detail
In August, you gave Alex information in the hopes of gaining more information? Yes
And Alex didn’t offer the blue shirt for examination? No
Did Alex ever mention anyone who might be a suspect in the case? He mentioned the boat case but no one specific
Did he mention Curtis Edward Smith? No. On Sept., 4 2021, Alex brought up Curtis Edward Smith. Owen testifies he got the call to respond to Old Salkahatchie Road because Alex had been shot and was being transferred to a Savannah hospital. Two SLED agents – Kelly and another – went to Savannah to interview Alex. Alex told the agent he had been shot by the side of the road. Alex gave a description but didn’t pick anyone out of a suspect book. SLED sent a sketch artist and artist did a rendering.
After that, did Alex give another statement about the roadside? Yes
At what point did Alex bring Curtis Smith’s name into it? It was through investigation that they found Smith. Alex never gave the name.
Prior to that day, did Alex mention Smith or any other name involved in Maggie or Paul’s murder? No
After the roadside incident, he brought in other people? Yes
Mr. Griffin has asked you questions about the crime scene. Was the scene secured? Yes. Swabs taken? Yes.
You were asked if there were wet spots in Suburban? Yes. Did you know about a cooler -- that a cooler could be used to transport weapons? No
Was there blood on the steering wheel? Yes, blood came back to Maggie
On June 7, did Alex hand law enforcement a gun? Yes. It was the 12-gauge shotgun. Was the shotgun consistent with what killed Paul? Yes, and the gun was not excluded as the murder weapon
When you talk to someone, are you looking for consistent answers? Yes
Were you checking Alex’s story with other witnesses’ statements? Yes
Would it matter if someone is hiding guns at Almeda, would the timeline matter? Yes
Would that lead to contradictory statements? Yes
Was a cooler that was found at Almeda normally there? No
Does the rain jacket repel water? I would think so
GSR found on the jacket? Inside the rain jacket
Shelly testified she saw Alex carry the jacket? She said she saw Alex with the blue jacket the day after Randolph’s funeral, on June 14.
Did you give the grand jury a summary of the case that included timeline and financial crimes? Yes
Did that include information about blackout casings being consistent with family owned gun? Yes
Did you present similar shotguns were on the property? Yes
And Shelly Smith’s testimony? Yes
Did you tell them what Alex said about going to the kennels? Yes
About Rogan Gibson’s phone call at 8:44 p.m. with the voices? Yes, and it was found on Paul’s phone and Maggie and Alex were in the background
What did you tell the grand jury about Maggie being at Moselle? Maggie had called Marian and said she had a call from Alex to come to Moselle, but Alex said in August that it was a surprise Maggie was there that night.
Any information about any other suspect? No
The scene was bloody? Very bloody
Any evidence Alex tried to move or turn Paul? No… none he could see
Did anyone say search Almeda? No
Mr Griffin was bending over backwards to help law enforcement but never mentioned a name or said “search Almeda” until September? No
RE CROSS
Is the suspect supposed to help solve the crime? No
You never asked Alex if he hid guns at Almeda? no
The gun expert could not exclude or include the shotgun? Correct
Shelly Smith told you that Alex came over on June 14 and her sworn testimony is that he came over on June 16. Yes
David Grubbs
Grubbs is the chief forensic examiner with the Internet Crimes Against Children department at the SC Attorney General’s Office, certified in CelleBrite data extraction and a member of the US Secret Service and is an expert in cell phone forensics.
Grubbs has analyzed all phones in the case, now focusing on certain areas Paul’s cell phone – battery usage and habits.
The week prior to the murder, Pauls’ phone died four times due to usage, the last time was around 10:34 pm June 7. It was plugged in
June 3 died 12:30 pm plugged in to charge 12:34pm
June 5 died 10:18 am plugged in to charge 10:36 am
June 5 died 9:23pm am plugged in to charge 9:30pm
Also looked at when Paul’s screen came on, backlight activated, after 8:45 pm on June 7. An incoming message or alert, picking up phone, sensing motion in a certain way, tap the phone, the backlight will come on.
Grubbs identified last text to Paul’s phone by Rogan Gibson, “yo,” unread between 9-10 pm.
No other text came into Paul’s phone. If someone picked up the phone, there would have seen a text notification from Rogan Gibson.
You cannot say why the phone’s backlight came on? No
You were asked to look at Maggie’s phone, specifically the knowledge-C database that contains information tracked by the phone in the background. All sorts of information. Millions of artifacts.
Grubbs identifies the timeline report from Maggie’s phone. Grubbs narrow the timeline to from 8 to past 9:08 pm. June 7.
The report shows a lot of data.
Orientation changes recorded show someone handling the phone, going from vertical to landscape. At one point, the camera interacts with the phone for about one second around 8:54.
At 8:53-9:08, iOS snapshot is a record of what the phone is doing in the background while apps are running in the background. Maggie’s phone is locked at this time and remains locked until next day.
In the timeframe, the Siri app pops up could be in background, could be someone holding the button down to trigger the Siri app.
Grubbs identifies 9:07 pm as the time Maggie’s phone turned off. Turned on at 9:31. If the phone was tossed, it would not have recorded an orientation change.
Cross examination of Grubbs should begin when trial resumes at 9:30 a.m. Thursday morning.
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