Day 26 live updates: SC attorney general questions state reply witness in Murdaugh trial

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.

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

2:28 p.m. — AG Alan Wilson questions expert witness

After lunch, court resumed as S.C. Attorney General Alan Wilson began the examination of the prosecution’s expert witness Dr. Kenneth Kinsey.

This is the first time that Wilson, who has sat at the prosecution’s table throughout the trial, has questioned a witness on the stand.

His office took over the investigation of the murders after Duffie Stone, the 14th Circuit solicitor who oversees Hampton County, recused himself from the case.

Kinsey has testified once before. His testimony largely focused on drawing together many separate pieces of evidence from the crime scene at the Moselle kennels into a narrative of shootings.

He is the first of two reply witnesses who are expected this afternoon.

12:54 p.m. — With at least 1 witness left, court breaks for lunch

Judge Clifton Newman has called a recess and told the jury to return at 2:15 p.m.

The prosecution is expected to call their final witness after lunch, but lead prosecutor Creighton Waters has indicated that they are considering an additional seventh witness.

The jury will be taken on a site visit to Moselle after the prosecution rests its case.

That could occur as early as Tuesday afternoon.

12:27 p.m. — State calls Mark Ball, 5th reply witness

State has called its fifth reply witness, lawyer Mark Ball, who previously testified.

Asked how he was doing, Ball, Murdaugh’s former law partner, said “I’d be doing better if I wasn’t here.”

On the stand, Ball told prosecutor Creighton Waters that Murdaugh initially told him on the night of the murders that he checked Maggie’s body and then Paul’s the night of June 7, 2021. The second time he told the story, he checked Paul first and then Maggie, Ball said.

It was one of the many moments that Ball, who has known Murdaugh for 34 years, said he has reconsidered since Murdaugh’s alleged crimes came to light. Among them were the stories Murdaugh told about missing money and the reasoning behind the law enforcement blue lights on his car.

“Did you feel like you knew the defendant well prior to this?” Waters asked.

“Sure thought I did,” Ball replied.

The first time he found out that Murdaugh was at the kennels was this past Thursday, when Murdaugh admitted to lying about his alibi on the stand, Ball said.

On cross-examination, Ball agreed with defense attorney Jim Griffin that Murdaugh “probably” was an emotional person. While he told Griffin that he had never seen Murdaugh express distrust towards SLED, Ball told Griffin that he was personally concerned by the joint statement released by SLED and the Colleton County Sheriff’s Office on June 8, 2021, saying that there was no ongoing threat.

On Tuesday morning, Waters said that the prosecution intended to call seven reply witnesses.

Noon — State calls 4th reply witness

Prosecutors have called their fourth witness, Paul McManigal, a digital forensic examiner with the Charleston County Sheriff’s Office who is also a task force agent with the Secret Service.

McManigal said that he performed a series of experiments to determine how much speed and force was required to activate the iPhone’s “raise to wake feature.”

McManigal used experiments performed in his office over the weekend to state that the screen on Maggie’s phone likely would not have turned on if it was tossed like a frisbee.

“Nine out of 10 times the phone does not turn on,” McManigal said.

He testified that he tested various ways of activating the raise to wake feature, including knocking it off his desk, tossing it, and turning it end over end “10 to 20” times.

He stated that the feature uses the phone’s accelerometer to determine whether it should activate the screen. It is calibrated to respond to a slight amount of motion over “aggressive motion.”

McManigal, who is also a task force officer with the U.S. Secret Service, has previously testified.

On cross-examination, defense attorney Phil Barber objected and moved to strike McManingal’s testimony arguing that he lacked expertise in the construction of the phone and made no records of his experiments. Barber was overruled by Judge Clifton Newman.

“I understand how cellphones operate more than most people,” McManigal said.

11:58 a.m. — Prosecution calls former Hampton County sheriff

The prosecution has called its third reply witness, T.C. Smalls, a former Hampton County sheriff.

Smalls, who retired in December 2022, said that he didn’t know that Murdaugh had law enforcement “blue lights” installed on his personal car while he served as a volunteer solicitor.

“I never had any knowledge that he had blue lights in his vehicle,” Smalls told defense attorney Jim Griffin on cross-examination.

After graduating law school, Murdaugh testified that he served in the unusual capacity as a “volunteer” solicitor so that he could spend more time with his father, then the 14th Circuit solicitor. The Murdaughs held the position of solicitor for almost a century.

Smalls said that he had believed that Murdaugh was a full-time assistant solicitor. Murdaugh testified that he routinely carried a solicitor’s badge in his car, placing it on his dash or in a cup holder because of its “warming effect” on law enforcement.

11:38 a.m. — Dr. Riemer defends conclusions

Multiple clues clearly indicated that the wound that killed Paul came from below and from at least a few feet away, Dr. Ellen Riemer argued on cross-examination.

In a testy back and forth, Riemer told defense attorney Dick Harpootlian that wadding in Paul’s shoulder wound and the fact that the brain was largely intact all led her to her to this conclusion. This meant that she did not need to X-ray Paul’s skull or shave his head to check for stippling or soot that would indicate a close range entry wound.

“I did not shave the head because I was confident that was an exit wound on the top of the head. It wasn’t necessary for me to shave an exit wound,” she said.

When pressed about her methodology, Riemer defended the integrity of her analysis but conceded that she could have been more thorough in her documentation.

“I guess hindsight is always 20/20,” Riemer said.

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.