Day 26 live updates: Alex Murdaugh prosecution tries to chip away at defense case

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.

How to watch the Murdaugh double murder trial, who to follow from The State, Island Packet

10:30 a.m. — State calls 2nd reply witness, Dr. Riemer

Dr. Ellen Riemer, who performed the autopsies of Maggie and Paul, is back on the stand.

The Medical University of South Carolina pathologist was called to the stand for a second time to respond to testimony from a pathologist called by the defense, Dr. Jonathan Eisenstat.

Eisenstat said that he believed that tears in the skin would have shown the downward direction of the shot and argued that Riemer erred by not checking for soot that would have indicated that the shot that killed Paul was to the top of his head.

Defense witness Robert Palmbach, a forensic scientist, also testified that he believed the evidence was consistent with an shot to the back of Paul’s head. Taken all together, Palmbach argued that the evidence at the scene supported the defense’s theory that there were two shooters.

“I disagree with his (Eisenstat) conclusions. There is no way that these features are consistent with a contact shotgun wound to the top of the head,” Reimer said Tuesday.

Riemer said that she did not search for soot because the wound was was obviously an exit wound.

Reimer said that based on her 20-plus years of experience doing autopsies, she knew that damage from a contact shotgun wound to the top of the head would have been much worse.

“His entire face he would have had tears, his eyes would have been hanging down or been lost,” Riemer said, arguing that his orbital bones would have been shattered. In contrast, Paul’s face was largely intact, Riemer said.

“I know what you saw was awful but the damage would have been a lot worse,” Riemer told the jury.

Riemer also told prosecutor Creighton Waters that there were “defects” that clearly indicated that it was an entrance wound, which would not have been apparent to someone just looking at a picture.

10:20 a.m. — Crosby: ‘I have no feelings” about Murdaugh

In a fiery cross-examination, Alex Murdaugh’s former law partner denied testifying against him out of spite.

“I have found a way to have no feelings. It’s not forgiveness, I have no feelings,” Ronnie Crosby told defense attorney Dick Harpootlian.

“He destroyed your firm, he stole millions of dollars that you have to pay back he deceived you, and it does not influence your testimony in any way?” Harpootlian shot back at Crosby. “You’re zen; you’re nirvana.”

“I took an oath to tell the truth, Crosby said.

Crosby repeatedly denied harboring ill feelings toward Murdaugh that could have influenced his testimony.

Along with other partners, Crosby said that he has had to personally pay back victims of Murdaugh’s thefts. He stated that he had to borrow money to compensate the victims and stated that he did not know how much he still had to pay back.

10:04 a.m. — Crosby told Murdaugh about dying friend’s financial struggles

Ronnie Crosby, one of Murdaugh’s former law partners, testified that Murdaugh knew and acknowledged that their mutual friend Barrett Boulware had fallen into dire financial straits while he was dying of colon cancer.

Murdaugh has admitted to stealing from Boulware, who had been his business partner in a series of real estate transactions, during his illness.

“It looks bad. It looks like Barrett is going to die,” Crosby testified said he told Murdaugh.

Crosby said that he was trying to help sell off some waterfront plots owned by Boulware to raise enough money for Boulware to continue staying near the Mayo Clinic in Jacknsonville, Florida, where Boulware was getting treatment for Stage 4 colon cancer.

Crosby said that Murdaugh, “acknowledged it,” and told Crosby that “it was good what I was doing for Barrett.”

Crosby said Murdaugh went on to steal an insurance check owed to Boulware and some money belonging to his estate that came through the law firm.

On the stand, Murdaugh admitted to stealing from Boulware, a former shrimper who became a successful real estate developer.

9:52 a.m. — State calls Ronnie Crosby, 1st reply witness

The prosecutor has called Ronnie Crosby, Murdaugh’s former law partner, to the stand as their first reply witness.

Lead prosecutor Creighton Waters started his questioning of Crosby asking about his relationship with Murdaugh’s son, Paul, specifically their rides around Crosby’s property looking for hogs.

Within minutes, defense attorney Dick Harpootlian objected to the testimony, followed by several more.

Crosby also testified to Murdaugh’s relationship with law enforcement, and said Murdaugh told him he checked Paul and Maggie’s bodies before calling 911, saying it was “clear to me.” Watching Murdaugh’s own testimony last week while he was working, Crosby said it was the first time he’d heard Murdaugh say he was actually at the kennels the night of the murders — a claim he had repeatedly denied to law enforcement.

9:43 a.m. — Defense takes issue with reply witnesses

Murdaugh’s defense attorney Dick Harpootlian has raised with Judge Clifton Newman that prosecutors have indicated they plan to call seven, not four or five, reply witnesses.

For example, Harpootlian said one reply witness, Dr. Ellen Riemer, who conducted Paul and Maggie’s autopsies and has already testified, will say again the gunshot that killed Paul was not a contact wound to the head. Harpootlian said prosecutors plan to call more law enforcement personnel.

“Seven reply witnesses. It was two, now four, now seven,” Harpootlian said. “... The state’s position seems to be let no dead horse go unbeaten. This has got to stop.”

Lead prosecutor Creighton Waters acknowledged the length of the trial, now in Week 6, but countered the state should be allowed to put up its reply witnesses.

Newman, who said he was surprised to hear the number of reply witnesses, said the state’s reply must be “finely tailored.”

9:30 a.m. — Court back in session, reply witnesses up next

Lead prosecutor Creighton Waters said the state plans to call four, or maybe five, reply witnesses after Murdaugh’s defense team rested their case late Monday.

After which, Judge Clifton Newman indicated the jury can visit the Moselle crime scene — a request of Murdaugh’s attorney Dick Harpootlian. The site visit will be open after the jury view to a pool photographer and reporter due to security reasons.

Waters said Monday he expects all their final witnesses to testify Tuesday, still putting the trial on track for closing arguments sometime Wednesday or even early Thursday before Newman charges the jury.

Prosecutors are likely to put another forensic expert on the stand after one defense expert testifies Monday that believes the murders of Paul and Maggie were carried out by two shooters, not one.

The jury also heard from John Marvin, Murdaugh’s brother, who described the family’s relationship and the investigation led by the S.C. Law Enforcement Division. John Marvin describing going to the crime scene once investigators had cleared it, and said he could still see blood, pieces of skull around the kennels.

“I thought it was something that I needed to do for Paul, to clean it up,” he testified. “I felt like it was the right thing to do. I felt like I owed him, and I started cleaning. And I promise you, no mother or father or aunt or uncle should ever have to see and do what I did that day. I’m not blaming anybody; I was just overwhelmed. I did everything I could.”

In his testimony, John Marvin said he made “a promise” the day after Paul and Maggie were killed.

“In my mind and out loud, I told Paul I loved him. I told him I’d find out who did this to him,” John Marvin recalled.

“And have you found out?” defense attorney Jim Griffin asked.

“I have not,” John Marvin said.

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