Prosecution begins calling final witnesses in Murdaugh murder trial

COLLETON COUNTY, S.C. (WCBD) – Prosecution is set to begin calling their final witnesses Tuesday in the Alex Murdaugh murder trial.

Murdaugh is accused of killing his wife Margaret and youngest son Paul at their family property in June of 2021.

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Murdaugh’s brother, John Marvin Murdaugh, gave emotional testimony Monday as the defense’s last called witness in the double-murder trial.

John Marvin cried as he recalled cleaning up his nephew’s remains from the walls and floor of the feed room. He said that as he cleaned, he spoke to Paul and promised that he would find whoever was responsible. He said as of now, he has not fulfilled that promise.

The defense also called two forensic experts to the stand, both offering some counter opinions to testimony offered by state witnesses.

Forensic pathologist Dr. Jonathan Eisenstat testified that he believed the shot that killed Paul was a contact shot to the back of Paul’s head. He testified that the path mapped out by Dr. Ellen Riemer — the pathologist who conducted the autopsies — is not consistent with Paul’s injuries. Dr. Eisenstat said that he agreed with Riemer on most of her other findings, but that Paul’s fatal shot was “textbook contact shot to the back of the head.”

Prosecution asked Eisenstat if he performed autopsies on the victims himself. He said no. They pointed out that he is getting paid over $10,000 to testify, while Dr. Riemer conducted what they say was an independent autopsy.

Timothy Palmbach, a crime scene reconstruction expert, agreed with Eisenstat’s assessment. He says evidence at the crime scene — including bloodspatter analysis of the room — indicates the shot came from the back of the head. Palmbach also testified that the totality of the evidence favors a two-shooter theory. He said that whoever delivered that fatal shot to Paul likely would’ve been temporarily incapacitated — covered in blood/biological matter and possibly injured by ricocheting pellets — and would not have been able to quickly get out of there, pick up another gun, and go shoot Maggie. He also said that it would not make sense for one shooter to have carried two guns, and they would’ve been difficult to maneuver in such short succession. Palmbach also said that he believes — especially after visiting the crime scene — the murders took place in a very short amount of time and it does not make sense that one person could have done it all.

Prosecution pointed out that Palmbach’s findings were based on reports provided to him by the defense and that he had not read the whole case file, claiming he “only saw what the defense wanted him to see.”

Defense attorney Dick Harpootlian emphasized the importance of understanding the layout and proximity of the kennels and the feed room and asked Judge Clifton Newman if the jury could take a trip to Moselle to see it firsthand. Judge Newman agreed.

The trip will be scheduled after prosecution calls their final four — maybe five — witnesses. Testimony from those witnesses is expected to be finished Tuesday or Wednesday.

ALEX MURDAUGH MURDER TRIAL LIVE BLOG:

9:52 a.m. – The jury is brought in. The state calls Ronnie Crosby to the stand.

Crosby is Murdaugh’s longtime friend and former law partner. He previously testified as a state witness.

Waters asks if Crosby has ridden properties looking for hogs with Paul. Crosby says that he has mostly ridden with Paul on his property. He says they generally took a rifle while looking for hogs. Paul was fond of the 300-Blackout, according to Crosby.

9:43 a.m. – Court is in session.

Defense attorney Dick Harpootlian informs Judge Clifton Newman before the jury is brought in that defense has just learned the state plans to call seven reply witnesses.

On Monday, state prosecutor Creighton Waters said he would call four, maybe five.

Harpootlian said that some, like Dr. Ellen Riemer and Dr. Kenneth Kinsey, will be repeat witnesses. Harpootlian says that there is precedent for defense to then be allowed to call additional sur-rebuttal witnesses. He asks when it will end.

Judge Newman says the state cannot retry the entire case, but it has the right to contradict certain issues brought up by the defense. Judge Newman says that it should be finely tailored so that we do not create a situation where the court will be compelled to allow sur-rebuttal by the defense. Judge Newman says that there has been so much testimony, he can’t make a prior ruling on what will be allowed. He has to deal with it on a case-by-case basis.

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