Day 14: Defense to question Beach lawyer over his donation to Murdaugh trial witness

Feb. 9—WALTERBORO, S.C. — Alex Murdaugh, a once prominent Hampton-based attorney from a well-known politically-connected family, is on trial in the deaths of his wife, Maggie, and son, Paul.

Murdaugh has pleaded not guilty. He faces life in prison without parole if found guilty. The trial started Jan. 23 with jury selection, opening arguments and the initial round of witness testimony. For now, the trial is expected to stretch at least another week, through Feb. 17.

5:45 p.m. — Court adjourned

Judge Clifton Newman has sent court into recess until 9:30 Friday.

Mark Tinsley, the attorney for Mallory Beach's family, is still on the stand. Lead prosecutor Creighton Waters will continue his questioning tomorrow, and cross-examination will begin after.

Before legal teams left the room, defense attorney Dick Harpootlian expressed concern the state's case was taking too much time. The length of the state's case, Harpootlian said, is making it difficult for the defense to schedule lodging and travel for its witnesses.

The trial's full witness list contains over 250 names.

The state has presented a handful of SLED agents, other law enforcement experts and witnesses speaking to Murdaugh's alleged financial crimes. Waters said he has been "accommodating," providing the defense the prosecution's daily schedule so they might know what to expect.

"Well, he (Harpootlian) wants to know when you'll be done," Newman said to laughter.

The prosecution should rest its case by "midweek next week," Waters said. The defense's case will take at least one week to present, Harpootlian added.

"I worry that the jury will forget what they've heard three weeks ago," Harpootlian said.

The trial was originally scheduled to run through Feb. 10.

5:30 p.m. — Tinsley: Alex was 'always going to have to pay' for crash

Testifying before the jury for the first time, Beach family attorney Mark Tinsley said following Paul Murdaugh's 2019 boat crash that killed Mallory Beach, he discovered Alex Murdaugh didn't have enough insurance policies to cover the resulting injuries.

Tinsley was hired soon after the accident to represent the Beach family, who sought a settlement in her death. Murdaugh was named a defendant, and Paul was reportedly driving the boat when it wrecked.

But the only insurance Murdaugh had in the case, Tinsley said, was a $500,000 policy on the boat itself.

"You've got a death. You've got two people with substantial medical bills. There's just no way there was enough coverage at $500,000," Tinsley said. "Alex was always going to have to pay out of his own pocket to settle the cases."

Tinsley said Murdaugh confronted him at an August 2019 attorneys conference on Hilton Head Island.

"(He sees me and then), he beelines across the room, and he gets about this close," Tinsley said, moving his face roughly an inch away from the microphone at the witness stand. "He says, 'Hey Bo, what's this I've been hearing about what you've been saying? I thought we were friends?'"

What Murdaugh had heard, Tinsley said, was that Tinsley expected him to pay out-of-pocket to settle the case.

"I told him, 'We are friends,' and that if he didn't think I was going to do everything I needed to do to help my clients that he was wrong, and that he needed to settle the case," Tinsley said. "He didn't like the fact that he was going to have to come out of his pocket and pay."

Murdaugh later told Tinsley he was "broke," said Tinsley, who added he didn't "believe him at all," knowing that Murdaugh still had a lucrative law practice and other assets, such as the Moselle property.

"He's settling cases. He's got big cases. He's got lots of cases. He's got generational wealth," Tinsley said. "He's not broke by anybody's standards."

Tinsley asked Murdaugh to open his financial books and provide proof of income, and Murdaugh declined. Tinsley than moved forward with civil discovery in court to get access to the records, he said.

If Murdaugh was "broke," Tinsley believed at the time, it was because he was "hiding" income or assets, he said.

Jeanne Seckinger, the CFO of Murdaugh's former law firm, previously testified she suspected Murdaugh was hiding income by putting money into his wife's name, preventing it from being discovered in the boat crash lawsuit.

4:50 p.m. — Mallory Beach lawyer testifies after contentious donation

Mark Tinsley, the attorney who represented the family of Mallory Beach, has taken the stand.

Beach was killed in a 2019 boat crash, and the family has since sued Alex Murdaugh in a wrongful death suit. Murdaugh's late son, Paul, was reportedly driving the boat after drinking.

Just before he took the stand, defense lawyers told Judge Clifton Newman they learned Tinsley had donated to a GoFundMe page set up for Mushelle Smith, the caregiver for Alex Murdaugh's mother.

Defense attorney Phillip Barber said he was concerned that Tinsley, who testified previously without the jury present, donated to a witness in a case he has a "direct financial interest" in.

Newman denied the defense motion to exclude Tinsley's testimony. When Tinsley first took the stand in motion hearings without the jury present, he and Barber shared a number of tense moments during cross-examination.

4:25 p.m. — Defense concerned over witness GoFundMe page

Attorney Mark Tinsley, who gave a contentious testimony and previously had several testy exchanges with defense attorney Phillip Barber in motion hearings without the jury present, donated $1,000 to the GoFundMe page set up for a previous witness, Mushelle Smith.

Smith was the caregiver of Alex Murdaugh's mother, Libby, who Murdaugh said he visited the night his wife and son were murdered.

Barber said the donation with Tinsley's name attached was documented in a screenshot of the page.

After the page came to the attention of defense attorneys, Barber asked Judge Clifton Newman to prevent Tinsley from taking the stand before the jury.

"What was improper about what he did?" Newman asked.

"He made a financial payment to a witness in the middle of a trial that he has direct financial interest in," Barber argued.

Tinsley is representing the family of Mallory Beach. Beach died in 2019 after a boat crash, in which the family has filed a wrongful death lawsuit where Murdaugh is a defendant.

Newman, however, said there is no specific legal argument to exclude Tinsley's testimony because of the donation.

"That would be good fodder for your cross-examination," Newman said.

The jury was not present for the exchange.

3:30 p.m. — Bank funds were used to cover Alex's account

Palmetto State Bank CEO Jan Malinowski said in August 2021 that the bank's money was being used to bolster Alex Murdaugh's severely overdrawn account.

On Aug. 9, 2021, Murdaugh's Palmetto State Bank account was overdrawn by $367,000. The same day, a deposit of $400,000 was made to the account.

"Did that (money) belong to any entity?" lead prosecutor Creighton Waters asked.

"It belonged to the bank," Malinowski said.

"At that period of time, was there any loan application or paperwork to justify that $400,000?" Waters said.

Malinowski confirmed there was not. He added Russell Laffitte, the bank's former CEO who has since been convicted of federal financial crimes, was facilitating the transactions.

When bank executives realized what happened, there was a "flurry of activity" to create loan documentation, Malinowski said. The bank would have separated from Murdaugh if they'd known about the activity, Malinowski said.

Murdaugh was in debt to the bank by more than $4 million by August 2021, Malinowski said.

3:15 p.m. — Satterfield says never 'threatened' to expose Alex

During a brief cross-examination, defense attorney Dick Harpootlian moved to dispute prosecution's suggestion Alex Murdaugh killed his wife and son under pressure of his alleged financial crimes being revealed.

Michael Satterfield, the son of the Murdaughs' former housekeeper who died in 2018, said the family never received money from a lawsuit granting them millions of dollars after their mother's death.

Although Satterfield said he learned later in 2021 that Murdaugh had finished the suit and received millions in recovery, he was unaware of Murdaugh's alleged white-collar crimes at the time of the murders.

"Prior to June 8, 2021," Harpootlian asked, "did you ever threaten Alex Murdaugh, ... saying, 'I know you stole my money, where's my money. I know you've got the money.' Did you ever threaten him in any way?"

"No," Satterfield said.

Other money crimes, such as Murdaugh's alleged theft of millions from his own law firm over more than a decade of employment, were also coming to a head around the time Maggie and Paul were killed.

On June 7, 2021, the same day the murders took place, Parker Law Group CFO Jeanne Seckinger said she'd confronted Murdaugh about $792,000 in missing fees from a case he'd worked. Seckinger testified she later found documents proving he'd been taking the money for personal use.

Jan Malinowski, the current CEO of Palmetto State Bank, has now taken the stand as prosecutors push through extensive testimony on financial crimes Murdaugh has been indicted on. Malinowski testified without the jury present last week in a motion hearing.

The financial evidence is part of the state's effort to provide a motive for Murdaugh to allegedly commit the murders.

2:55 p.m. — Satterfield sons never saw 'one penny' owed after death

Although Alex Murdaugh represented the family of Gloria Satterfield in a lawsuit against his insurance providers, Satterfield's son confirmed the family never received the money.

Michael Satterfield, Gloria Satterfield's son, allowed Murdaugh to handle a case seeking an insurance settlement in his mother's 2018 death. Gloria Satterfield was the Murdaugh's housekeeper for around 20 years, Michael Satterfield testified, and died after tripping and falling at Moselle.

Murdaugh allegedly conspired with former Palmetto State Bank employee Chad Westendorf and fellow attorney Corey Fleming to deny the Satterfield family a settlement on the order of millions of dollars and keep the money.

Lead prosecutor Creighton Waters said Murdaugh secured a $3.8 million recovery from a $5 million umbrella policy.

"Did he (Murdaugh) ever pay you one penny of $3.8 million?" Waters asked.

"No," Satterfield confirmed.

2:42 p.m. — Judge denies motion to nix testimony of Satterfield son

Attorneys have returned to the courtroom.

Before the jury was brought back, defense attorney Dick Harpootlian requested Judge Clifton Newman exclude upcoming testimony from Michael Satterfield, the son of Gloria Satterfield, the Murdaughs' former housekeeper that died after a fall at the family's home in 2018.

Satterfield testified last week without the jury present, sharing details regarding Alex Murdaugh's alleged theft of a settlement owed to Satterfields' family. Satterfield reached out to Murdaugh in June 2021, the same month Maggie and Paul Murdaugh died, regarding the status of the case.

Harpootlian argued the testimony would be "more prejudicial than probative," and could unfairly sway the jury.

"This is a murder trial, not a financial fraud trial," Harpootlian said.

Lead prosecutor Creighton Waters countered the evidence as "part and parcel" of the circumstances surrounding Murdaugh at the time of the murders, and provided needed explanation of Murdaugh's potential motive.

"I find that this testimony is consistent with the state's theory of the defendant being in a frantic state, seeking to avoid disclosure of these financial crimes and thefts," Newman said. "The court has granted the state's motion to allow evidence of other crimes, and this is additional evidence that is close in point and time (to the murders), and is admissible, and I deny the motion to exclude it."

Satterfield has now taken the stand.

12:55 p.m. — Court enters lunch recess

Chris Wilson left the stand just before Judge Clifton Newman excused the court for lunch until about 2:15 p.m.

Most of defense attorney Jim Griffin's cross-examination focused on testimony Murdaugh did not seem shaken when Wilson spoke with him on the phone just before 10 p.m. the night Paul and Maggie Murdaugh were killed.

Murdaugh was "destroyed" after discovering his wife and son's bodies, Wilson testified, and was in a "bad state of mind" to speak with investigators by himself.

12:15 p.m. — Cross-examination focuses on Alex as a 'family man'

Defense attorney Jim Griffin has started cross-examination of Chris Wilson, Alex Murdaugh's longtime friend.

Much of Griffin's questioning has focused on Murdaugh's apparent love for his family.

Wilson confirmed Murdaugh would often bring his family to attorney conventions, and held season tickets to University of South Carolina football and basketball games, where he would tailgate with family and friends.

"Would you agree that Alex's No. 1 priority seemed to be his family?" Griffin asked.

"Yes, sir," Wilson responded.

Murdaugh's defense team has argued that Murdaugh, who they've described as a loving father and husband, wouldn't be capable of murdering his wife and son.

11:45 a.m. — Friend says Alex admitted drug use, stealing money

Chris Wilson testified Alex Murdaugh told him about a long history of drug addiction and admitted to taking funds from his law firm in September 2021.

Wilson woke up early the morning of Sept. 4, 2021, he said, and started driving to Beaufort from his home in Columbia. Wilson believed Murdaugh was staying in Beaufort with his brother, Randy.

The day before, a partner with Murdaugh's former law firm called and told Wilson they believed Murdaugh had been stealing money from clients. Murdaugh had claimed the missing money was still in the trust account for Wilson's law firm, Wilson said.

"I called him a bunch of times," Wilson said. "Called him and called him and called him."

Murdaugh eventually returned Wilson's call. The two agreed to meet at Murdaugh's mother's house.

"We didn't say anything (when we saw each other) in the driveway," Wilson said. "We went in through the side door, and I believe the caretaker (for Murdaugh's mother) was there."

The two went out to the front porch, Wilson said, where their lengthy conversation went from "heated" to "silent" to "calmer at times." Murdaugh "broke down crying" on the porch, Wilson said.

"I looked at him, and I said, 'Alex,' and I'm not sure if I said 'f' or 'h' or whatever, but I said, 'I need to know what the (blank) is going on,'" Wilson said.

During their conversation, Wilson said Murdaugh admitted to a long opioid addiction, and said he was taking fees owed to his own law firm for personal use.

"I couldn't believe that I didn't know it," Wilson closed. "Never saw it, never suspected it — the drugs or the money."

11:15 a.m. — Judge OKs objection to testimony on Labor Day shooting

Judge Clifton Newman sustained a defense objection to Chris Wilson testifying about Alex Murdaugh being shot in September 2021. The court then entered a short recess.

On Sept. 5, 2021, SLED said in a statement Murdaugh received a "superficial gunshot wound to the head." SLED later charged Murdaugh for the incident, claiming it was part of an insurance scheme concocted with the help of his cousin, Curtis Edward Smith.

Smith has been named a witness by prosecutors in the double-murder trial.

Newman sided with the defense to limit Wilson's testimony on the incident. Wilson is a longtime friend of Murdaugh's and an attorney who tried several cases with him.

"I agree with the defense (Wilson's testimony on the shooting) is hearsay," Newman said. "He is not the appropriate witness to testify on this issue."

In a short hearing that took place after the jury was excused, Wilson said the extent of his knowledge was that Murdaugh was shot in the head and airlifted to a Savannah hospital.

10:50 a.m. — Alex and Wilson spoke night of murders

Chris Wilson said he and Alex Murdaugh spoke around 9 p.m. on June 7, 2021, the night Maggie and Paul Murdaugh were murdered.

When Murdaugh first reached out, Wilson said he and his wife were on their front porch watching "The Bachelor."

"I can't believe I was watching that," Wilson joked, a brief moment of levity in what became an emotionally trying testimony for one of Murdaugh's longtime friends.

Murdaugh called around 9:11 p.m., but Wilson said he was busy and would call back later.

Murdaugh texted Wilson again later that evening to ask if he was still awake. Wilson called back at 9:52 p.m., didn't get an answer, and called again at 9:53 p.m.

Murdaugh answered the second call. Wilson said they spoke for "a few minutes." He first asked how Murdaugh's mother was doing, and then Wilson told Murdaugh they needed to talk about a case they were working together on.

"(There was) a case we were working on regarding a piece of equipment that had malfunctioned," Wilson said. "I told him, 'I need to talk to you about some motions (in the case). I've got something I need your help on.'"

Wilson then testified Murdaugh agreed to talk about it the next day, but Murdaugh had to hang up, since he was arriving back to Moselle at that time.

Around 11 p.m. that night, Wilson said his wife woke him up. He noted several missed calls and text messages on his phone.

"My wife comes in, kind of hysterical. She says, 'You got to wake up, you need to wake up,'" Wilson said. "I don't remember if she was one the phone with Randy (Murdaugh)'s wife or Randy himself. She's trying to tell me what's going on, and I'm looking at my phone, and I got a text from a person I knew in Hampton saying, 'Give me a call, I need to tell you something before you hear it somewhere else.'"

Wilson then told his wife he was going to find clothes and drive to Moselle from his Columbia home.

He arrived around 1 a.m.

10:10 a.m. — Wilson: Alex asked for checks in unusual way

Following a case that Alex Murdaugh and his longtime friend Chris Wilson tried together in January 2021, Wilson said Murdaugh asked for his share of the attorney's fees to be provided in checks directly payable to him.

Wilson, also an attorney, said it was unusual for the fees to be paid directly to a lawyer. Typically, fees would first be paid to a law firm.

Wilson testified that Murdaugh said in Febuary 2021 he planned to put the fees into an annuity, and therefore checks needed to be payable to him. The request didn't "set off any red flags" at the time, Wilson said.

"Because he was your friend?" lead prosecutor Creighton Waters asked.

"He was," Wilson confirmed.

"Did you trust him?" Waters pressed on.

"I did," Wilson responded.

The fees from that case totaled $792,000. Murdaugh was confronted on June 7, 2021 ,by his law firm's CFO, Jeanne Seckinger, who previously testified she had "reason to believe" Murdaugh had taken the money for himself when the firm never received the fees check.

During their conversation, Seckinger said Murdaugh received a call about his father's failing health, which cut the talk short.

Later that evening, Maggie and Paul Murdaugh were killed.

9:45 a.m. — Alex's 'best friend' called as witness

Chris Wilson, a Bamberg-based attorney who previously testified without the jury, has returned to the witness stand.

Wilson first spoke last Thursday. During his testimony, Wilson described Alex Murdaugh as his "best friend."

"I thought he felt the same way," Wilson said Feb. 2. "I don't know how I feel now."

In September 2021, Wilson said Murdaugh admitted he'd been taking money from his law firm and struggled with drug abuse.

9:30 a.m. — Jurors hear testimony about Murdaugh's car activity

FBI automotive forensics expert Dwight Falkofske is back on the stand Thursday morning.

On Wednesday, just before court broke for the day, Falkofske shared a timeline of activity recovered from Alex Murdaugh's car the night of June 7, 2021:

— 9:06:49 p.m. — Data shows the vehicle turned on and is taken out of park

— 9:22:45 p.m. — The car is put into park. It was out of park for about 16 minutes

— 9:44:54 p.m. — Murdaugh's car taken out of park

— 10:00:30 p.m. — Car put in park again

— 10:01:17 p.m. — Car is taken out of park

— 10:01:29 p.m. — Car is parked again

— 10:01:30 p.m. — Car is out of park

— 10:01:43 p.m. — The vehicle is parked again before shutting down

— 10:04:49 p.m. — Vehicle is back on, taken out of park

— 10:05:55 p.m. — The car is parked once more

— 10:06:18 p.m. — Murdaugh calls 911 with Bluetooth connected to his car

— 10:13:39 p.m. — The car is taken out of park. Investigators did not find a message indicating it was parked again. Falkofske said occasionally, the system will miss such messages.

Falkofske said he couldn't determine if the car was moving when it was taken out of park.

The data only records whether the vehicle was in park or not.

Prosecutors hinted the timestamps at 9:06 p.m. and 9:22 p.m. correspond to Murdaugh leaving the family's rural estate, called Moselle, to visit his mother on the night of the murders, and timestamps from 9:44 p.m. to 10 p.m. indicate his return trip.

After Murdaugh called 911 at 10:06 p.m. on June 7, 2021, he told investigators he returned to Moselle's main house to grab a shotgun, which he was later seen carrying in body camera footage.

Mushelle Smith, the caretaker for Murdaugh's mother, said she remembered Murdaugh visiting his mother for around 20 minutes that night, which prosecutors suggested is backed up by the park and out of park timestamps. She testified Monday that several days later, Murdaugh approached her at his mother's house, where family had gathered after Murdaugh's father, Randolph, died, testifying Murdaugh told her unprompted he'd been at the house for 30 or 40 minutes that night.

This story was originally published February 9, 2023, 9:20 AM.

___

(c)2023 The Island Packet (Hilton Head, S.C.)

Visit The Island Packet (Hilton Head, S.C.) at www.islandpacket.com

Distributed by Tribune Content Agency, LLC.