WALTERBORO, S.C. — Day four of testimony in the Alex Murdaugh trial continues with more prosecution testimony and continued efforts by the defense to take aim at the evidence.
Murdaugh is accused of killing his wife, Maggie, and adult son, Paul, at the family's 1,700 acre estate in Colleton County in June of 2021. Prosecutors say Murdaugh acted alone, while the defense says investigators rushed to judgment and didn't consider other suspects.
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Latest from the Alex Murdaugh Trial
The defense team begins its cross examination of SLED Senior Special Agent Jeff Croft. On Monday, Croft testified to the evidence SLED gathered at Moselle -- the Murdaugh family property – during searches executed in June 2021.
Croft testified to the guns and ammunition gathered in June and entered into evidence Monday morning. He was also present during Alex Murdaugh’s second official interview with law enforcement, conducted by SLED lead investigator David Owen on June 10, 2021. Prosecutor John Meadors played the taped interview for the jury, starting and stopping in spots for clarification by Croft.
The introduction of evidence and testimony by Croft took the State most of the late morning and all of the afternoon. It followed the defense team’s cross examination of SLED agent Melinda Worley.
Worley had taken the stand on Friday to give testimony and present evidence relating to her mapping/diagramming of the crime scene the night of the murders of Paul and Maggie Murdaugh, and her identification of bloody footprints at the scene. The defense team pointed out perceived flaws in SLED’s collection and methods of handling evidence in the double murder case.
Cross examination of SLED Special Agent Jeff Croft
Jim Griffin handled he defense team’s cross examination of Croft.
Griffin began asking about Croft’s role in the case, because of his knowledge of firearms. Croft and other agents searched the gun room on a consent search, not executing a formal search warrant that had been obtained by SLED.
Griffin asks about the scope or limitations of the search, at any time, he asks, could an investigator have gone through the house and searched for bloody clothes. Croft says he was in the gun room and was unaware of any limitations placed on any other investigators. Croft testifies the 300 Blackout and 12-gauge guns and ammunition were his priority for collection at Moselle.
Croft said he was not given a description of the 12-gauge gun to look for, except search for a gun capable of shooting a 3-inch round.
Griffin says the Browning rifle does not shoot a 3-inch round but was collected anyway and presented in court on Monday. In fact, Griffin says, none of the guns collected and presented in court were capable of shooting 3-inch ammunition.
Griffin asks Croft if he was aware of ballistics reports on the 300 Blackout owned by Buster Murdaugh, excluding it from being the murder weapon. Croft is not.
Croft opens the 12-gauge shot found loaded in one of the shotguns taken from Moselle. The shot is Browning turkey shot, used for hunting turkeys.
In the Benelli, there were two unfired shots loaded. Upon inspection on the stand, Croft identifies the ammunition as a 3-inch Number 4 and a 3 ½-inch load of birdshot. Griffin says both have been ruled out as being the weapon used on Paul. Croft said he did not have the ballistics report in front of him.
Griffin asked if Croft found a single gun loaded with a combination of buckshot and birdshot. Croft testified there were guns loaded in a similar fashion, with two different types of ammunition in a single gun.
Griffin asks if Croft can tell the difference between lead or steel shot. Croft says he can, and then describes where lead or steel would be the preferred shot.
Griffin says the ammunition collected at Moselle is lead shot used for land fowl … none are the steel used for waterfowl.
Griffin states the shot that killed Paul Murdaugh was black steel Winchester waterfowl 12-gauge ammunition.
Croft testifies there was nothing unusual about the number of guns found at Moselle as it was a hunting lodge.
Croft is then shown the 300 Blackout rifle and asked to show the jury how the casings would eject when shot. Croft said the casings would eject over his right shoulder, but he cannot say how far the shells would travel behind his back. The thermal scope on the gun would have a rechargeable battery and is used for hunting at night and is heat-sensitive.
Griffin presents the diagram showing markers of where 300 Blackout shell casings were found the night of the murders. The diagram had been entered into evidence on Monday. He asks if the ejection path of the 300 Blackout is on the diagram, where would the shooter have been standing. Croft says the shooter was likely on the upper left-hand side of the path made by the ejected casings.
Croft testifies he was at Moselle on June 8 and on June 10 collecting evidence.
Griffin asks if, when Croft was at the house, could he see the kennels. Croft said from where he was standing, he could not see the kennels.
Asked about the location of Maggie’s phone. SLED pinged the phone and John Marvin Murdaugh used the Find My iPhone app to find the phone. Agents were provided the PIN number to unlock the iPhone. SLED did not have Faraday bags to prevent outside tampering with the iPhone. Maggie’s iPhone was not placed in a Faraday bag and Croft testifies no one asked about a Faraday bag.
Griffin asks Croft if it is normal to look at the person who finds or reports a dead body as a suspect in a case, especially if it is a family member? Croft says investigators start with a small circle – this one being Paul, Maggie, and Alex Murdaugh – and work out.
Did Croft know of a press release put out by SLED on June 8 that Alex Murdaugh was a suspect in the case? Croft testifies he did not aware.
Griffin asks if any SLED agent going to Alex’s mother’s house in Almeda on the morning of June 8 to search for evidence rather than waiting until September? Croft said he was unaware what other agents may have done.
Griffin asked if it was fair to say that Croft had daily updates and he would have known that no one had search Almeda but had someone gone and searched the property and found nothing – no bloody clothes or anything – would that not have pushed Alex Murdaugh out of the suspect circle?
Alex’s lawyers that were on the scene on June 8 were assisting, Griffin said, not impeding. Croft said the men were pointing out
On June 13, SLED returned to Moselle and it is Croft’s understanding there was consent given every time they were on Moselle property. Griffin said a search warrant is not needed if consent was given.
A clip of 300 Blackout ammunition found in a black Ford F-150
June 19 interview with Alex has Alex stating Paul “left everything everywhere.” Croft does not know who last drove the F-150 and it does not appear that analysis was done on the clip found in the truck.
Griffin asks Croft if he knows why he was asked to bring the guns and ammunition to court if none of the evidence was shown to be the guns used in the murders. Croft says he does not know.
Griffin asks about the 300 Blackout cartridges collected at the shooting house by Croft. Griffin says there was other spent brass and a berm to target shoot into. Griffin asks who went to the end of the mound to dig out 300 Blackout fired projectiles. Croft does not know, he testifies he did not dug out shells from the mound.
Griffin asks if someone had dug out the spent ammunition, could that have been compared to ammunition used in the murders? It is possible, Croft said.
Regarding the June 10 interview with Alex. Croft said there were a lot of interviews going on at the same time, all the interviews were consensual.
Randy, John Marvin, Buster, and Alex Murdaugh were interviewed that day. Croft said it was his understanding that the family knew they were coming. Each person had two agents interviewing them individually. Arrangements had been made to conduct the interviews.
Croft and Agent David Owen first asked Alex to hand over his phone for a data extraction and everyone interviewed was given a buckle swab for DNA.
Griffin is making a point there were a number of law enforcement vehicles at the scene.
Griffin asks if Croft is 100% sure of the words Alex said about Paul, “I did him so bad.” Croft says he is sure of what he heard. Griffin asks if someone else could have heard and interpreted the words as “they did him so bad.”
On August 11, there was a third interview with Alex. Griffin asks if Croft made a mental note of Alex’s statement on June 10, why not ask for clarification. Croft said the conversation didn’t get that far. The interviews were information gathering and asking for clarification would be a challenge to Alex Murdaugh’s statements.
Griffin asks if Croft read a prepared transcript of SLED’s interview with Alex. Croft testifies he did not know of a transcript.
Griffin plays the audio from the interview and asks Croft to listen along with the jury.
Croft testifies that he still hears “I” rather than “they.” Even at one-third speed. Croft agrees the jury can make up their own minds of what’s on the tape.
Griffin asks about the August interview at SLED’s Lowcountry office. Alex had requested the meeting for an update on the case. Croft says he never advised anyone that they were being interviewed and Alex knew he was meeting with Croft and Owen.
Alex was asked during the interview if he killed his wife and son. Croft testifies, at the time, Alex was still a person of interest and there were some questions only Alex could answer.
Croft and Owen did meet with Maggie’s family after the second interview. Croft testifies that family interview was recorded on audio only. Croft said Alex was a suspect at the time and the family was asking about him as being within the circle of suspects. No other name was offered as a suspect.
The family gave Croft and Owen their impression of Alex in relation to Paul and Maggie. Croft does not remember warning or specific information about threats related to the boat accident involving Paul. Croft does not recall the names of Barbara Mixon or Keena Trehearn.
ON REDIRECT
Meadors asks what Croft was doing at Moselle on June 8. He testified he was searching for arms and ammunition only.
Croft testifies he found different types of ammunition at the house. 223 ammo is used in law enforcement, 308 is hunting rifle common with law enforcement and military, 300 was uncommon at the time.
He is asked again to identify the credit card slip with a purchase from Gucci circled on it that was recovered from the trash at Moselle.
Croft testifies he did find guns with mixed loads in their chambers.
About Maggie’s phone – it was not placed in a Faraday bag, but Croft testifies the phone WAS set on Airplane Mode.
SLED had conducted interviews with over 100 people over the moths after the shootings. Based on what they had at the time, the interview with Alex was informational not an interrogation.
Jim Griffin was there with Alex Murdaugh – as his lawyer -- when Alex was interviewed on June 10 by Owen and Croft.
Croft says it is standard operating procedure for multiple agents to gather evidence and hand it over to a single agent to create the chain of evidence before sending the bagged and tagged evidence for analysis.
Croft is asked to describe various pieces of evidence collected from a bookshelf in the gun room:
- an unfired Winchester 12-gauge shot that was marked as found in the gun room at Moselle having Drylock 3-inch Number 2 stamped on the plastic portion of the shell.
- another unfired Winchester 12-gauge shot shell with black Winchester 12-gauge Drylock 3-inch Number 2, also found on a bookshelf in the gun room.
- a third unfired Winchester 12-gauge shot shell with black Winchester 12-gauge Drylock 3-inch Number 2, also found on a bookshelf in the gun room
- un-shot ammunitions from bed stand in Paul’s room head stamped Winvhester 12-gauge Drylock 3-inch Number 2
- un-shot found on workshop bench, a red Federal 12-gauge shotgun shell with Federal premium 00 buckshot
- unfired shot found on workshop bench, red Federal 12-gauge Federal Premium 00 buck 3-inch magnum
- unfired shot shell found in red bin on workshop bench red 12-gauge Federal Premium 00 buck 3-inch magnum
- unfired shot shell found in red bin on workshop bench red 12-gauge Federal Premium 00 buck 3-inch magnum
A total of four Winchester drylocks, four Federal buckshots are observed.
Croft is asked if he took notes during the recorded interviews. Alex was not in custody, the interviews were not aggressive.
ON DEFENSE'S RE-DIRECT
Griffin points out at least one wound on Maggie’s body had stippling.
Croft said there were other persons of interest in addition to Alex at the time of the interviews.
Croft says some of ammunition presented as evidence was seized on September 13, 2021. Griffin questions the collection four months after the murders and if Moselle had been secured. Croft said law enforcement had not secured the scene. Griffin asks if the ammunition could have come from anywhere?
Michael Anthony Knecht, senior analyst at Verizon
After a short break, the State calls Michael Anthony Knecht, a senior analyst at Verizon. He identifies Alex Murdaugh’s telephone records containing calls, text and email records turned over as a result of a search warrant. CDs with cellular information from phones belonging to Paul, Maggie, and Buster Murdaugh, Claude “CB” Rowe, Marti Cook, Rogan Gibson, and Conner Cook are entered into evidence.
Knecht explains the records provided are in digital format and explains the headers in the Excel spreadsheet containing the information.
For instance, a record from Maggie’s phone shows a call was placed on June 7, 2021, that lasted one minute using 4G technology. Multiple calls are later made to Maggie’s phone go unanswered.
Alex’s phone makes a call to Maggie’s phone on June 7, at 21:04:24 (9:04:24 p.m.). Other calls were recorded over the next hour.
CROSS EXAMINATION
Harpootlian asks Knecht about his duties. Knecht works on executive relations, responding to subpoenas and court appearances.
Harpootlian asks for clarification about reading the records: MO, mobile originated, made a call going out; MT, mobile terminated, a caller answered the call; MF, mobile forwarded, call went straight to voicemail.
Looking at Alex’s calls, you can see calls coming in, going out and going to voicemail? Knecht says that is correct.
Maggie’s phone shows the last time her phone was used to make a call was 7:50 p.m.; no calls were answered after 7:50 p.m.; no calls placed June 9; text messages (for all phones) are in a separate file and presented in a similar format.
The only cellular records entered into evidence, Knecht testifies are the ones asked for. Records are kept on file when there is a search warrant. Detailed Verizon cellular records are usually kept for 18 months.
ON REDIRECT
When a call goes to voicemail, it can be either not answering or could be shut off.
Re-CROSS EXAMINATION
What happens in airplane mode? Knecht says the network would attempt to ring. The cell tower information is included, not the GPS location of the phones. He can only testify to the accuracy of the records given.
Paul David McManigal
McManigal is a Sgt with Charleston County Sheriff’s Office, with Secret Service in cyber fraud division. He is a digital forensic examiner. He is the one that received the iPhone from Agent Dylan Hightower belonging to Alex Murdaugh.
McManigal was asked to redact private lawyer/client communications found on the phone, narrow the digital evidence collected to a timeframe closer to the murders of Paul and Maggie, and generate a report of the information collected from Alex’s phone.
On the stand, McManigal identifies the chain of custody of the phone from SLED to himself, dated June 9, 2021, relating to an iPhone 11 that was locked upon receipt. McManigal testifies he was unable to unlock the phone belonging to Paul Murdaugh.
He identifies a second chain of custody of the phone from SLED to himself, dated August 12, 2021, relating to an iPhone returned to special agent Kelly.
McManigal did not open nor was he able to manipulate data on Paul’s phone.
CROSS EXAMINATION
McManigal is asked if phone was dead when he received it. McManigal says he charged the phone when he received it but doesn’t remember if the phone’s battery was completely dead.
Jonathan VanHouten, US Secret Service
VanHouten is employed with the Secret Service as a digital forensic examiner and retired from the Columbia Police Department in April 2020.
VanHouten identifies a chain of evidence envelope signed by him from SLED Agent Britt Dove to VanHouten containing an Apple iPhone. SLED requested assistance from the Secret Service to unlock Paul’s phone in August 2021.
VanHouten testified he used software to attempt to unlock the phone via brute force – if no unlock code is available, the layer of protective data is attacked in an attempt to retrieve encrypted data. The phone has to be opened to analyze encrypted data.
VanHouten says people are creatures of habit and usually that’s enough to get socially generated codes to unlock phones -- based on birthdays, anniversaries, etc. Software is limited to approximately one unlocking attempt every 15 minutes. VanHoutten used a number associated with Paul’s date of birth to successfully unlock Paul's phone without using brute force software.
Once the phone was unlocked, VanHouten testified he then notified Agent Britt Dove, completed the data extraction, then returned the phone to Dove.
VanHouten is asked about Faraday bags. VanHouten testified that powering the phone down, removing the SIM card, placing the phone in airplane mode or not leaving the phone attached to a charger are the best ways to keep the phone safe from outside wiping or manipulation.
NO CROSS EXAMINATION of VanHouten
John Bedingfield
After lunch, State calls John Bedingfield. Bedingfield is a 28-year veteran of South Carolina Department of Natural Resources (SCDNR) officer living in Barnwell. Since 2016, he has a federal firearm license (FFL) to build and create firearms and can sell firearms.
The FFL means Bedingfield must keep records on every firearm coming into and out of his custody.
Bedingfield testifies he modifies firearms to customer request, buying parts from vendors such as Palmetto State Armory.
Bedingfield is a cousin of Alex Murdaugh. He testifies Alex approached him around Christmas of 2016 for guns for his boys to hunt hogs with. Bedingfield steered Alex to the 300s because of the better knock down power when hunting hogs. The 300 Blackout can use subsonic suppression (silencers). Alex ordered one in a black finish and one in tan finish. Thermoscopes were put on the 300 Blackouts so the boys could hunt in the dark, which is legal in South Carolina.
Bedingfield identifies a picture showing the original 300 Blackouts he sold to Murdaugh.
Bedingfield recalls he took them to Alex’s office but did not include the suppressors because FFL needs additional paperwork to obtain the suppressors. There was talk about setting up a trust and applying for the suppressors through the trust, but the paperwork was never completed.
Bedingfield testifies Alex approached him in 2018 for a third Blackout to replace one Paul misplaced – this time without the optic because Alex said it was too expensive for Paul to lose again. Maggie picked up the replacement gun when it was completed. Bedingfield said Maggie competed the paperwork for the rifle and carried the gun with her.
Bedingfield has the cancelled checks and other paperwork related to the construction and sale of the three 300 Blackout rifles for the Murdaughs. The papers are entered into evidence.
Bedingfield testified only the lower receiver portion of the rifle – the section above the pistol grip that holds the trigger and hammer and has a slot for the magazine -- has a serial number on it.
After an FFL audit, Bedingfield testifies there was some paperwork missing for one of the Blackout rifles sold to the Murdaughs. Cross-referencing his cancelled checks, Bedingfield said tracked the missing paperwork to the gun received by Maggie and reported it to the FFL audit.
ON CROSS EXAMINATION
Defense attorney Jim Griffin asks Bedingfield about the guns sold to the Murdaughs at Christmas 2016 and later in 2018. Bedingfield testifies the third 300 Blackout was black in color. The two original firearms cost over $9,000 and included the thermal nightscope and suppressors. The replacement was of similar construction but a stripped-down version of the original.
Bedingfield testifies if you wanted to purchase a 300 Blackout today, in South Carolina, the most popular place to do so is Palmetto State Armory.
He says it is common for people in the area to hunt wild hogs because they are a nuisance, ruining crops and destroying the land.
Bedingfield is asked how many 300 Blackouts he has sold over the years, and he testifies he cannot recall.
Griffin asks if Bedingfield has spent time with the Murdaughs since they are related. Bedingfield says he mainly would spend time with Alex’s brother John Marvin.
Bedingfield is asked to categorize Murdaugh’s relationship with his boys and Bedingfield says it seems loving.
REDIRECT
Bedingfield testifies he supplies the coating for the 300 Blackout for customization. The finish can be added at any time before or after purchase.
Bedingfield testifies the lower receivers can be made to accept multiple calibers of ammunition.
Lt. Britt Dove, SLED
Dove is a lieutenant, supervising the computer crimes unit at SLED and has been with the agency since 2008. He and the unit handle some investigations along with ransom wear, data extraction, computer forensics and cellphone forensics. He goes over the differences in extracting information from a computer versus a cellphone. He is certified and trained in the use of Cellebrite software that is used by law enforcement to retrieve information from electronic devices.
Dove is qualified as an expert witness on cellphone forensics.
Dove testifies modern cell phones must be unlocked to access the data on the phone. There are three ways to access the data:
- a phone extraction is taking as much information as possible from a phone. Advanced logical extraction that takes surface level information;
- full file extraction may get files and photos and info that might be running in the background;
- full physical extraction or rooting or jailbreaking is completely opening and allows programming capabilities of the phone.
If investigators receive a phone with a passcode, they will do an advanced logical extraction for calls and texts
If there is no passcode of more information is needed, Dove testifies they may reach out to the Secret Service
Dove testified he used three types of software to go through Maggie’s phone, one to extract information, two to verify the information collected (same time stamps on data, etc.). He used the same method on two of Alex’s phones.
On Paul’s phone, Dove testifies he reached out to Secret Service because Paul’s phone was locked.
Dove testifies there is different types of information on phones:
- Phones can use databases to record if the power goes out on a phone, if the phone’s orientation was turned horizontally or vertically, Bluetooth connections, the last time it connected to WiFi, etc. and are typically self-contained and doesn’t use memory and overwrites itself every two days or up to 45 days. Always newest in and oldest out in this database.
- A knowledge C database shows if someone pushes a button on the phone, shows percentage of battery life left and when you charge it. Location information (cell towers nearby, networks seen) is stored in knowledge C and can be set by the user in the phone’s Settings.
Dove testifies when doing an extraction, investigators are not manipulating the data on the phone.
Dove is asked about a Faraday bag. He testifies it is used to block a cell phone from receiving outside connections. Putting a phone in airplane mode (phone will still receive GPS coordinates), remove SIM card, turn the phone off will work the same as a Faraday bag.
Maedors asks Dove if there is a way to remotely manipulate or wipe data? Dove says it is possible. But there is no way to manipulate call logs or singular bits of data.
Dove testifies SLED’s standard operating procedure on cellphone collection is to either set the phone to airplane mode or remove the SIM card.
Dove testifies when comparing two phones with similar actions (a call or text from one to another), the times on the phones should be synched in the individual phones’ databases.
Meadors asks Dove to identify Maggie’s phone in the evidence bag. Doves says when he received the phone, he photographed and logged the item into evidence and then processed it. Stickers are placed on the phone and evidence bag after processing and then the phone is stored in an evidence locker.
Dove testifies when he received the phone, the settings on Maggie’s phone showed “Maggie Murdaugh” as the name of the owner, the phone was in airplane mode, and Bluetooth was on. Dove testifies the phone was powered on when he received. A photo of a screen shot of the phone shows the apps on the phone and notifications sent to the app. That means, Dove said, notifications have been turned on for those apps.
The location service on Maggie’s phone shows most of Maggie’s apps were set to use the location finder “while in use.”
Dove testifies he identifies a photo he took of Maggie’s phone while he was processing it, showing the recent call log. He narrowed the data gathered to June 7, 2021, and used a full file system extraction for the report. The report takes the information on the phone and puts it in a readable format – everything from configuration of apps, your health data from apps, purchases made, and pending recurring bills. Reports can be huge – Maggie’s was about 68 gigabytes, about 9,000 pages just for the timeline for the report.
Dove identifies a portable solid state external hard drive in evidence as containing a copy of the Cellebrite report of Maggie’s phone.
A shortened call log – approximately 20 pages long – from the evening of June7 is entered into evidence and shows if call was answered or missed and how long the call lasted.
From the night of June 7, line 14 of the report shows an outgoing call on Maggie’s phone to “Barbara.” The same call is also listed on line 13. Dove explains there are several databases on the phone containing the same information stored in different logs. The call to Barbara was at 7:50 p.m. on June 7 and lasted 2 minutes and 45 seconds. The call to Barbara was the last call recorded sent or received as answerable by the phone. No more outgoing calls, no calls answered after the one to Barbara on June 7.
On Maggie’s phone lines 11 and 12 received a call from Alex’s phone that was not answered. Alex’s name is on line 11, while only his phone number appears on line 12. Dove explains it is because the two databases are set up slightly different, but the data is the same. The time on the call is 9:04:23 p.m.
On lines 9 and 10 there is a missed incoming call from Alex at 9:06:14 p.m.
Lines 7 and 8 shows a missed phone call from Alex at 9:06:51 p.m.
Lines 5 and 6 have a missed call from Alex at 9:35 p.m.
Lines 3 and 4 have a missed call from Alex at 10:03:58 p.m.
Dove testifies he did not change any settings or open any calls to change the data on the logs from Maggie’s phone.
Looking at Maggie’s text log from June 7, 2021, Dove testifies the report has information about the device (iPhone version, software version) and messages (read or unread, sent of received).
The report is not necessarily in chronological order because it depends on how the Settings on the phone are set -- instant messages versus chat messages, and when the messages were read.
There is a group text message from John Marvin to Maggie, Alex, Christy, Lynn, Liz, and an unidentified number arriving on Maggie’s phone at 8:31:47 p.m. June 7. The message shows it was read at 8:31:16 p.m. The message reads, “I plan to go over and visit dad tomorrow afternoon, does anyone else want to go?”
Another text to the same group arrived from Lynn G saying, “I’m in court all week (with an emoji).” It shows being read at 8:49 p.m.
A later text arrives from Rogan Gibson to Maggie’s phone at 9:34:14 p.m. It is logged as unread.
Dove says data logs record only if a call was read or a text was sent, not who was actually using the phone at the time. Anyone who could open the phone could use the phone.
There is a text from Alex sent to Maggie’s phone at 9:08:58 p.m. showing status unread.
Dove identifies the Cellebrite report generated for Maggie’s phone with information about the phone’s location, if the phone was on or charging, and the orientation of the phone (vertical or horizontal). The report is about 87 pages long.
Meadors asks Dove to read a certain line of the report. That line contains the phone’s number, the date (June 7, 2021) and time, and indicates the phone was unplugged from a power source.
The timeline report on the phone from June 7, 2021, records at 8:30 p.m. a Poshmark Buy and Sell app running in the background.
A series of entries start at 8:49:20 p.m. -- the display turns on (lights up if there is an app notification to let you know there is a notification, if the phone is being tossed about or moved or bumped).
At 8:49:26 p.m. is the start time of a text message processing; at 8:49:47 p.m. display turns on and the orientation of the phone changes from horizontal to vertical. The end time for the screen to go off is 8:53:08 p.m..
Start time for an orientation change is logged at 8:54:40 p.m. to landscape; and again at 8:54:44 from landscape.
Start time for camera for one second. It appears the phone is moving, and the phone’s built-in camera is attempting to use face recognition software unlock. If the camera had seen Maggie’s face, Dove testifies he would have expected it to unlock.
The phone is recorded as locked at 8:49:31 p.m. and the phone was recorded as unlocked 1:10:35 p.m. June 8.
Dove says he cannot testify as to who was holding the phone at the time of the log recording.
At 8:55:32 p.m., an end time for orientation to portrait mode is recorded as if the phone is being held in someone’s hand.
At 9:00 p.m. the record shows steps taken, and distance traveled.
From the call log, at 9:04:23 p.m. there is an incoming call from Alex unanswered. At 9:06:12 p.m., the phone’s orientation changes to portrait. Data records an incoming call to Maggie’s phone at 9:06:14 p.m. and an orientation change ending at 9:06:20 p.m.
At 9:06:51 p.m. is an incoming call from Alex, the third in about three minutes.
A text received at 9:08:58 p.m. from Alex reads, “going to check on M, be right back.” The text was never read. Between Alex’s last call to Maggie’s phone and the text from Alex to Maggie’s phone is about 2 minutes.
Another entry in the log shows 9:31:44 p.m. end time of display off on Maggie’s phone, approximately 22 minutes. During that time the phone does not move, no incoming or outgoing calls. Only the display goes on and off.
An instant message comes in at 9:44:14 p.m. from Rogan Gibson, “tell Paul to call me.”
At 9:47:23 p.m. a text message from Alex, “call me babe,” is unread.
In Dove’s expert opinion, after the last text, no one used Maggie’s phone.
Dove identifies an Axiom report prepared using Steps report from Maggie’s phone. Steps counts the steps walked by the iPhone user over the course of a day by detecting the motion of the body. In a general sense, the app is telling us that a person was holding the phone and the person and phone were in motion. The report says 38 steps were recorded between 8:17:41 and 8:18:29 p.m.
Later, 59 steps were recorded beginning at 8:53 p.m. and ending at 8:55 p.m.
No other data is collected from Maggie’s phone until it was found by the side of the road and taken into evidence by SLED on June 8.
Just before 6 p.m., Judge Newman recesses the court until 9:30 a.m. Wednesday, Fed. 1.