Judge excludes roadside shooting testimony in Murdaugh murder trial

COLLETON COUNTY, S.C. (WCBD) – Judge Clifton Newman will decide Wednesday whether to allow testimony about Alex Murdaugh’s botched suicide-for-hire attempt in his double 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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Jurors heard limited testimony about the September 4, 2021 roadside shooting as Maggie Murdaugh’s family took the stand Tuesday.

Marian Proctor, Maggie’s only sister, described their last conversation just hours before the murders. Proctor said Murdaugh asked Maggie to come back to Moselle because he had just received bad news about his father’s health. Proctor encouraged her to go and be with him.

The state also used Proctor’s testimony to highlight how the boat crash was weighing heavily on the family.

Murdaugh’s team asked Proctor to describe his relationships with Paul and Maggie. She said Murdaugh and Paul had a wonderful relationship. She said that while Murdaugh and Maggie’s marriage wasn’t perfect, Maggie was happy.

Murdaugh’s team also used testimony from a neighbor who helped out with the dogs to portray Murdaugh in a softer light. They recalled a story in which one of the dogs was fatally injured and the family decided to put it out of its misery, but Murdaugh couldn’t bring himself to shoot it.

The jury also heard testimony from Proctor’s husband, the forensic pathologist who conducted Maggie and Paul’s autopsies, a representative from General Motors, and a forensic accountant who investigated Murdaugh’s financial crimes.

On Wednesday morning, the jury will also be retested for COVID-19, which could cause a delay if there are any positive results.

Court is expected to resume at 9:30 a.m., with the jury returning at 10:30 a.m.

ALEX MURDAUGH MURDER TRIAL LIVE BLOG:

10:25 a.m. – The jury is brought in.

9:52 a.m. – State prosecutors say they plan to rest their case Thursday. Defense is flying in a footwear expert and hopes to begin calling their witnesses to the stand Friday.

9:37 a.m. – Court is in session.

Prosecution and defense are arguing before Judge Clifton Newman whether information about Murdaugh’s September 4, 2021, botched suicide-for-hire attempt should be allowed in the murder trial.

State prosecutor Creighton Waters argues that it proves consciousness of guilt.

Waters also argues that Murdaugh’s shooting was a ploy by him to distract from his financial crimes and the firing from his law firm, which took place that weekend.

Defense attorney Dick Harpootliain contends that the shooting may indicate a guilty conscience, but not about the murders. He says Murdaugh orchestrated the scheme because his financial crimes had been found out and he wanted to get money for Buster.

Harpootlian also says that if the state’s theory were true and Murdaugh kills people when he’s about to be found out, he would’ve killed Buster, not attempted to kill himself to get money for Buster.

Waters says that what happened at the side of the road isn’t that important, but Murdaugh claiming an “unknown assailant” shot him connects the situation back to Moselle.

Harpootlian says that Murdaugh couldn’t have concocted the scheme before the shooting because he never expected to wake up from the shooting. He says if a scheme was concocted, it was concocted after Murdaugh realized he wasn’t dead.

Judge Newman says that the financial crimes evidence was admitted for motive. This evidence is not so much motive, but more towards scheme and propensity to commit violent acts. Therefore, he says allowing this evidence is “a bridge too far.” He says it might be admissible in the financial crimes trial, but not in this trial at this time. Judge Newman notes that is subject to change.

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