Alex Murdaugh murder trial: Judge to decide if gunshot residue report on jacket admissible

The video at the top of the story will play a live video stream of Alex Murdaugh's double murder trial or a replay of today's proceedings upon completion.

Judge Clifton Newman has had a lot of pretrial and sans-jury decisions to make as the ground rules are laid for the Alex Murdaugh double murder trial, and he isn't done yet. Newman is expected to make a decision Tuesday morning on whether or not gunshot residue evidence on a certainly questionable garment will be admissible as evidence before the Colleton County jury.

At the heart of the matter is testimony from a Murdaugh family caregiver that, combined with SLED forensic evidence, could have been a bombshell dropped in the lap of the Murdaugh defense team - but the accuracy of what the witness saw, and her testimony, have been called into question.

Around midday, Monday, Mushelle "Shelley" Smith, the private home caregiver for Murdaugh's ailing, elderly mother, Libby Murdaugh, testified about interactions with Murdaugh on the night of the murders and after. Murdaugh had told police, and stated in his alibi defense, that he had visited his mother at the Almeda home and was there at the time of the murders.

Smith testified about the "unusual" late-night visit on June 7, 2021 - the night Paul and Maggie Murdaugh were shot and killed - as well as interactions with Murdaugh roughly a week after the killings. Smith said that on June 16, three days after the funeral of Murdaugh's father, former solicitor Randolph Murdaugh III, Murdaugh returned to Almeda carrying a blue vinyl object like a tarp wadded up in his hands, then went upstairs.

During state police interviews, and even during her testimony, Smith, who appeared quiet spoken, nervous, and emotional at times, said it looked like a blue tarp. Later, however, on cross-examination, as Murdaugh's attorney Jim Griffin asked if she saw a tarp or a raincoat, she replied, "It was balled up, I don't know."

SLED served a search warrant on the Almeda residence and seized both a blue tarp and a large, poncho-like blue raincoat from the upstairs of the house, where no guns were found. The raincoat tested negative for possible blood or DNA, but reportedly tested positive for "very high levels" of gunshot residue particles. That information was revealed in the absence of the jury, and Griffin has objected to entering the gunshot residue report into evidence before the jury, calling it "extremely prejudicial."

Griffin contends that the witness, Smith, identified a blue "tarp," and not a raincoat, and when investigators show her a picture of the blue raincoat opened and unfolded, she testified that she had never seen that before. However, when asked by the state if the "balled up" raincoat in a coat closet was what she saw, she said "yes."

Lead prosecutor Creighton Waters pointed out that because the raincoat is so large, it could easily be mistaken as a tarp, and that when the witness saw it the item was balled up.

Judge Newman is expected to review the witnesses' testimony and offer a ruling Tuesday when court resumes at 9:30 a.m. If he overrules the objection and denies the Murdaugh team's motion to exclude this evidence and testimony, then the jury may hear more gunshot residue testimony Tuesday from SLED forensic analyst Megan Fletcher.

Other developments in the Murdaugh murder trial

Smith also elaborated on earlier testimony about Murdaugh's statements to her. She testified that on June 13, the afternoon of his father's funeral, Murdaugh coached her on what to say:

"If anyone asks how long I was here (in Almeda), tell them 30 or 40 minutes," she testified. However, Smith countered, she recalled that he was only there about 15 or 20 minutes on the night of the murders.

Gunshot residue results were also entered into evidence, but not discussed in detail, from tests taken of Murdaugh's hands, shirt, shorts, shoes and seatbelt.

SLED forensic agent Jamie Hall testified that the white T-shirt Murdaugh was wearing when police arrived at the crime scene smelled "freshly laundered," a fact so unusual that she entered it into her report.

Alex Murdaugh double murder trial: Monday a.m. updates

Week 3 and Day 11 of the Alex Murdaugh murder trial got off to a monumental start for state prosecutors, as Judge Clifton Newman ruled that Murdaugh's alleged financial crimes and other "bad acts" would be admissible in the double murder trial, and Murdaugh's mother's caregiver took the stand and levied some incriminating, but highly contested, testimony against him.

After hearing from numerous witnesses over several days of in-camera hearings, without the jury, Newman ruled that using the evidence of Murdaugh's more than 100 other alleged crimes met the standard of law to be used to prove motive in the June 7, 2021, shooting deaths of Maggie and Paul Murdaugh.

"I find that the jury is entitled to consider the apparent desperation of Mr. Murdaugh because of his dire financial situation and the threat of being exposed. ... possibly resulting in the commission of the alleged crimes," said Newman.

In making that ruling, Newman heard from banking officials, alleged victims and other attorneys at Murdaugh's former law firm. Now, these witnesses may have to testify again in front of the jury.

Alex Murdaugh family caregiver testifies about events on night of murder, later

After winning this major victory in the financial crimes as motive battle, the state put Mushelle "Shelley" Smith on the stand. Smith is a caregiver for Murdaugh ailing, elderly mother, Libby Murdaugh, at her family home in Almeda, outside Varnville.

Smith testified that Murdaugh visited his mother's house around 9 or 9:30 p.m. on the night of the murders, but only stayed roughly 15 or 20 minutes. Days later, after the funeral his father, Randolph Murdaugh III, Murdaugh advised her that he was there 30 or 40 minutes, she added.

What we know about people testifying:Who's who on the Alex Murdaugh trial witness list?

Alex Murdaugh murder trial: Key revelations and unanswered questions after Week 2.

Smith also testified that Murdaugh offered to help pay for her upcoming wedding, if she needed it, and to help her out at her other job in the local school district because he had a lot of good friends that worked there.

Smith further testified roughly a week after the killings, she saw Murdaugh at Almeda carrying what looked like a blue tarp.

On cross-examination, Murdaugh attorney Jim Griffin attacked several of her statements, questioning why she told police different facts during different interviews, and asking if the blue item she saw was a tarp, or a raincoat. He also questioned why Smith didn't immediately tell police about the blue object and only reported it in September of that year.

Cross-examination and redirect of Smith is expected to continue when the court resumes at 2:30.

What are Murdaugh's alleged financial crimes?

Along with facing murder charges in the death of his wife and son, Murdaugh faces a slew of other charges when it comes to finances.

As the news of Paul and Maggie's deaths began to be known on June 8, 2021, no one knew it would lead to multiple indictments of Alex Murdaugh and more than 100 charges ranging from tax evasion, breach of trust, obtaining signature or property by false pretenses, money laundering, computer crimes and more. Not to mention a tale that had media and true crime buffs across the nation wondering, what's next?

Greenville News has kept up to date every step of the way in the unfolding of this saga. Take a look at past reporting here.

2019 boat crash also allowed

Judge Clifton Newman ruled Feb. 7, that the testimony, while not directly related to the deaths of Paul and Maggie Murdaugh in June 2021 for which Alex Murdaugh is being tried, would be allowed. He explained the decision arose from the Wednesday afternoon cross examination of two of Paul's friends, Rogan Gibson and Will Loving, which Newman said "opened the door" to discussion of the crash.

The 2019 boating incident left Mallory Beach dead, several injured, Paul Murdaugh facing charges – which were dismissed two months after his death – and the Murdugh family entangled in a wrongful death suit.

Looking back at Friday in the Alex Murdaugh murder trial

Murder victim Margaret “Maggie” Murdaugh may have purchased, picked up, and delivered the very gun that took her life on the night of June 7, 2021 – a gun purchased for her son, Paul, who was also shot and killed in a case where the family patriarch, Alex Murdaugh, is charged.

SLED Firearms Examiner Paul Greer testified Friday afternoon that fired S & B 300 Blackout cartridges found near Maggie’s bloody body showed “matching mechanism marks” when compared to spent S & B 300 Blackout cartridges found near the door of the Murdaugh’s “gun room” at their Moselle residence, and at their shooting range.

Paul Murdaugh boat crash: What we know and why it's being discussed in Alex Murdaugh trial

“It is my conclusion that these items had been loaded into and ejected from the same firearm at some point in time,” testified Greer. These matching marks included firing pin marks, ejector marks, extractor marks, and chamber marks, he added.

Bedingfield testified that Maggie herself picked up and paid for that black, stripped down AR rifle on April 14, 2018 – at a cost of $875 – and delivered the weapon to her son – a firearm that may have pumped multiple rounds into her fleeing body.

Prosecutors had said early on they believe Maggie had been killed with a “family weapon,” and when the pieces of the evidentiary puzzle are put together, it becomes clear which weapon that might be, and when it was last seen and shot before the night of the murders.

S.C. Department of Natural Resources officer and custom gunmaker John Bedingfield testified earlier this week that Murdaugh had purchased three AR-style sporting rifles for his sons, Paul and Buster, as Christmas presents in December of 2016.

However, Murdaugh later told police, Paul misplaced that weapon, so he asked Bedingfield to built another.

Murdaugh also told state police during initial interviews following the killings that Paul was reckless, irresponsible, and always leaving guns lying around at random places – he repeated this several times in interviews– and that this replacement gun had been stolen from Paul’s truck during a party. He did not know when, he told SLED.

However, other testimony puts a timeline on that gun and a location where it was fired. Paul’s friend and college roommate, Will Loving, testified earlier this week that, because the “stripped down” replacement gun had no optics or scope, he and Paul went to ACE Hardware in Hampton in March or April of 2021 to purchase a “red dot sight” for that gun.

The state entered into evidence a receipt from ACE dated March 6 – just three months before the killings.

Loving also testified that the same weekend the sight was purchased, he and Paul sighted the weapon in right from the steps of the house – at the gun room side entrance – using the porch railing to steady the weapon.

Based on the facts that this gun is unaccounted for, and the ballistics of rifle casings found at the gun room steps match the casings near Maggie’s body, it may be an easy leap for the jury to believe that Paul second gun – one she purchased and hand delivered to him – was in the family’s possession as late as March 2021 and may been her murder weapon.

Greer also testified that 12 gauge 3-inch magnum shells found in the house and workshop at the Moselle property match the same brand, model and size as the two fired shotshells found near Paul Murdaugh’s body.

Follow Michael DeWitt's Twitter feed for Murdaugh trial updates

A Twitter List by SEDOT_J_Orlando

This article originally appeared on Greenville News: Alex Murdaugh murder trial: Judge Newman to introduce financial crimes