Day 11: Caregiver for Alex Murdaugh’s mother testifies at murder 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

5:18 p.m. — Court in recess until Tuesday

Judge Clifton Newman sent the court into recess until 9:30 a.m. tomorrow.

The final witness of the day was Jamie Hall, an employee of the West Columbia police department who previously worked as a SLED forensic technician in 2021, during the group’s investigation of the Murdaugh murders.

Hall said she performed gunshot residue tests on Murdaugh’s shirt, shorts and shoes on June 8, 2021, the day after Maggie and Paul Murdaugh were killed.

The shirt smelled “freshly laundered” when she received it, Hall said, and had “small, reddish-brown stains.” She did not say the stains appeared to be blood and had “no knowledge” of any other tests done on the shirt.

Murdaugh’s shoes were wet, Hall noted, and had “yard debris” on them.

Hall left the stand without sharing whether Murdaugh’s clothes had gunshot residue on them.

4:30 p.m. — SLED forensics employee takes stand

After briefly introducing financial evidence to the jury, Moodie left the stand. The state then called Jamie Hall, who worked in 2021 as a SLED forensic technician with training in detecting gunshot residue on evidence.

A raincoat that prosecutors say belonged to Alex Murdaugh was found at his mother’s home in September 2021. It contained gunshot residue particles on the inside, prosecutors said in opening statements.

4:22 p.m. — First financial witness appears before jury

Natasha Moodie, an employee with Bank of America, was called as the state’s next witness.

Moodie said she appears on behalf of the bank in trials regularly. She reviewed Bank of America’s records related to Alex Murdaugh’s alleged financial crimes, such as opening account documents, monthly account statements and copies of checks.

Moodie is the first witness to testify before jurors on the white-collar crimes Murdaugh was indicted on, but not yet convicted of.

Newman briefed the jury on what Moodie would be speaking on during a brief pause in her testimony.

“Testimony is about to be offered that the defendant may have been involved in other criminal activity, and that evidence is not evidence or proof that he committed the offenses charged in the indictments,” Newman said. “This testimony has been allowed ... for the limited purpose of assisting the state in proving motive.”

Newman continued, “You may not consider this evidence for purposes of character of Mr. Murdaugh, nor may you consider this evidence as evidence of his propensity to commit other crimes, or that it is more likely he committed the crimes for which he is on trial.”

3:25 p.m. — Paul Murdaugh’s friend takes the stand

William McElveen, a friend of Paul Murdaugh’s, is the next state witness.

McElveen said he would spend summers in Edisto Beach, where he met Paul while they were both in high school.

McElveen described Paul as a “fun guy,” a “life of the party” kind of guy, who was very loyal.

3:10 p.m. — No blood found on raincoat

SLED investigator Kristin Moore said no blood was found on a blue raincoat discovered at Alex Murdaugh’s mother’s home after multiple tests.

Although some “latent stains” were discovered under an alternate light source, Moore said, none were identified as blood.

3 p.m. — Prosecution calls next witness

Kristin Moore, a SLED investigator who executed the search warrant at Alex Murdaugh’s mother’s home, has taken the stand.

Moore said she and other agents went to the scene and were told to search for a “blue, tarp-like” object, which they recovered from a closet. Underneath were “miscellaneous dishes,” she said.

Later, Moore said they recovered a blue raincoat in a different, second floor closet.

In opening statements, prosecutors revealed a blue raincoat recovered from the house had gunshot residue on the inside.

2:37 p.m. — Court resumes with controversy over blue raincoat

Before jurors returned to the courtroom after lunch, defense attorney Jim Griffin rose and asked Judge Clifton Newman to exclude evidence related to a blue raincoat with gunshot residue the state said it seized from Alex Murdaugh’s mother’s house.

Griffin argued since Mushelle Smith, his mother’s caregiver who is still on the witness stand, only testified she’d seen Murdaugh carrying a blue tarp and not a raincoat, there was nothing linking Murdaugh to the coat.

Smith is the caretaker for Murdaugh’s mother, and saw him the night of Maggie and Paul Murdaugh’s deaths.

Meanwhile, Newman announced one of the jurors has raised concerns that the trial could take too long to resolve and they may not be able to remain on the jury for the duration.

The trial was originally slated to end this Friday, Feb. 10, but the admission of lengthy testimonies covering Murdaugh’s alleged financial misdeeds is likely to push the trial into next week.

Of the 255 witnesses named before the trial began, 35 have taken the stand so far. The jury has only heard from 27 witnesses, as eight others delivered testimonies during the in-camera motion hearing to admit financial evidence into the trial.

1:15 p.m. — Court breaks for lunch

With Mushelle Smith still at the stand, Judge Clifton Newman has sent court into lunch recess.

The defense cross-examination led by Jim Griffin hammered at the details Smith gave to state investigators following Maggie and Paul Murdaugh’s murders. Special attention was brought to how long Smith said Murdaugh visited his mother on June 7, 2021.

Griffin and the defense suggested Smith originally told SLED investigators Murdaugh was at the house for 30 or 40 minutes that night, though she testified today Murdaugh was only present for about 20 minutes.

The defense team said it will produce a “rough draft” of an interview Smith gave to investigators.

Court will resume at 2:30 p.m.

12:55 p.m. — Defense cross-examines Murdaugh family nurse

Defense attorney Jim Griffin has begun cross-examination of Mushelle Smith, the caregiver to Alex Murdaugh’s mother.

Smith previously testified she saw Alex Murdaugh carrying a blue tarp into his mother’s home in the days after the murders of Paul and Maggie Murdaugh. Early in the trial, prosecutors said they located a blue, wadded-up raincoat in a closet at Alex Murdaugh’s mother’s home.

That coat had gunshot residue on the inside, lead prosecutor Creighton Waters said previously.

Griffin unpackaged a large blue tarp before the witness stand, unfolding it fully.

“Is this the type of tarp that Mr. Murdaugh came in to Alameda house on the day that you were talking about?” Griffin asked.

“Yes,” Smith confirmed.

“A tarp like this, that would maybe cover up a car, is that right? Any way to confuse this with a rain jacket?” Griffin pressed on.

“No,” Smith answered.

Smith said the tarp was “balled up” when she saw it.

“Balled up in such a way that it did not look like there was a shovel handle, a gun, or anything,” Griffin asked, “just balled up, is that right?”

“Yes,” Smith said.”

12:30 p.m. — Alex claimed to be at mother’s house for 30-40 minutes

On the day of Randolph Murdaugh’s funeral, Mushelle Smith said Alex Murdaugh told her he’d been at his mother’s house for “30 or 40 minutes” on the night of Maggie and Paul Murdaugh’s murders.

“He came in the room and spoke (with his mother) like they always do,” Smith, the caregiver for Alex Murdaugh’s mother, said.

“And what did he tell you?” prosecutor John Meadors asked.

Smith took a brief pause and began tearing up before answering.

“That he was at the house,” Smith finally said, referring to his mother’s house.

“And what was he telling you about he was at the house the night of the murders?” Meadors pressed on.

“That he was there 30 or 40 minutes,” Smith responded, still emotional.

Earlier in her testimony, Smith said Murdaugh had only been at the house for about 20 minutes to visit his mother.

12:20 p.m. — ‘Unusual’ for Alex to visit mother at night, nurse says

Mushelle Smith, the caregiver for Alex Murdaugh’s mother the night Maggie and Paul Murdaugh were found shot to death, said it was unsual for him to visit his mother late at night.

Smith, who worked for the Murdaugh family for two years, typically looked after Murdaugh’s mother overnight, from 8 p.m. to 8 a.m., she said.

Smith told prosecutor John Meadors that Murdaugh stayed at his mother’s home for about 20 minutes before leaving.

12 p.m. — Nurse for Alex’s mother takes the stand

The state has called Mushelle “Shelley” Smith, the caregiver for Alex Murdaugh’s mother, as a witness.

Smith said she started working for the Murdaugh family in October 2019. She also looked after Murdaugh’s father, Randolph, “every now and then.”

11:50 a.m. — Jury will hear evidence on Alex’s finances

After nearly two days of in-camera hearings with jurors absent from the courtroom, Judge Clifton Newman has ruled evidence pointing to Alex Murdaugh’s alleged financial crimes is relevant to the double-murder trial.

Newman said he feels the evidence is relevant through its potential to shed light on a potential motive for the murders of Maggie and Paul Murdaugh.

“Under the law in this state, evidence of other crimes is not admissible to prove the character of the person in order to show action in conformity therewith,” Newman said. “An exception however exists, when the evidence is presented to show motive, identity, the existence of a common scheme or plan, the absence of mistake or accident, or intent.”

Prosecutors have argued throughout the trial that Alex Murdaugh’s declining finances may have motivated him to kill his wife and son.

Part of Newman’s decision, he said, was the fact Murdaugh was preparing for a June 10, 2021 hearing on disclosure of his finacial records. The records, Newman said, may have revealed Murdaugh was allegedly stealing millions from his own clients’ lawsuit settlements, providing a potential motive and “evidence of malice.”

Newman had previously said defense attorneys “opened the door” to the admissibility of financial evidence by asking witnesses if they could think of any reason Murdaugh, who they’ve called a “loving husband and father,” would ever kill his own family.

11:20 a.m. — Ruling on financial evidence coming

Mark Tinsley left the stand after a lengthy and contentious cross-examination. The state then called Ronnie Crosby, an attorney with Alex Murdaugh’s former firm, now known as Parker Law Group, as a witness.

Crosby was at John Marvin Murdaugh’s house alongside Murdaugh and several other attorneys on June 10, 2021, three days after Maggie and Paul Murdaugh’s murders.

“We were there (for Alex) as friends every day starting the night of the murders,” Crosby said.

He confirmed Murdaugh spoke with Jim Griffin, Murdaugh’s attorney, privately during that meeting, and that other statements were made to the room at large outside of attorney-client privilege before investigators with the State Law Enforcement Division arrived to interview them.

Others present at the meeting included Murdaugh’s oldest son, Buster, John Marvin, Griffin, and Parker Law attorneys Lee Cope and Mark Ball.

Following a brief cross-examination, Judge Clifton Newman announced he would rule on the admissibility of evidence pointing to Murdaugh’s alleged financial crimes after a five-minute break.

11 a.m. — Testy cross-examination of Mallory Beach lawyer

Defense attorney Phillip Barber and Mark Tinsley, the attorney who represented the family of Mallory Beach, butted heads over Tinsley’s case against Alex Murdaugh, which Tinsley said was likely headed to trial in summer 2021 shortly after Paul and Maggie Murdaugh’s murders.

Prosecution have used Tinsley’s testimony to suggest Murdaugh’s looming financial troubles — including potential settlement payments in the wrongful death lawsuit of Beach — may have driven him to allegedly kill Paul and Maggie.

“In tort cases against individuals in this case a negligence in entrusting the boat (to Paul Murdaugh) in an alcohol-related incident, before there’s even motions for summary judgement, before there’s any consideration of whether a case has been made for punitive damages,” Barber asked, “do you typically get this level of financial discovery?”

“Yes, I think the judge ultimately agreed to give it to me,” Tinsley replied.

“He agreed to give it to you?” Barber responded, seemingly confused. “I thought the hearing (for the wrongful death lawsuit) didn’t happen.”

“Well, you thought wrong,” Tinsley quipped. “There’s a lot of papers so maybe you got confused.”

Tinsley then produced the judge’s order from his coat pocket, but Barber pointed out the order stated a hearing would be held “if necessary” once the information was provided.

“(A hearing would take place) If Mr. (John) Tiller, the attorney on the case, can from his own client get the information,” Barber shot back. “This in no way says that the court granted this motion, does it sir?”

“Only to you, I think,” Tinsley said. “It’s clear that John said Alex was unavailable because he was in rehab at the time. He couldn’t get the material, he’s going to get the material, and the judge ordered, ‘When you get the material, we need to schedule a hearing because you don’t have the answers that you want, Mr. Tinsley, then we’ll reschedule the hearing.’”

“I think he was just going to deny it, as you suggest,” Tinsley said further, “it would’ve just said, ‘denied.’”

Later in cross-examination, Tinsley said he thought he would have to drop the lawsuit against Murdaugh following the murders of Paul and Maggie, fearing a jury might view their killings as revenge for Beach’s death.

“If it seemed like this was retaliation, a jury wouldn’t return a verdict against Alex,” Tinsley said.

10:25 a.m. — Alex’s lawyers ‘stonewalled’ access to his finances

When attorney Mark Tinsley requested information on Alex Murdaugh’s finances following the 2019 wrongful death lawsuit filed by Mallory Beach’s family, Tinsley said their initial response was “stonewalling.”

Tinsley said people close to Murdaugh had claimed he was “broke,” but added he didn’t believe it based on how much work Murdaugh, then a practicing attorney, was doing at the time.

“The only way he could be broke is if the money was hidden,” Tinsley testified. “There wasn’t any way he could be broke. I know he was actively settling cases, ... handling a lot of cases. There’s just no possibility that he could be broke by anyone’s definition.”

Tinsley filed a motion to compel in October 2020, he said, accusing Murdaugh’s defense of not responding to requests for information in a timely manner before the court. In the motion, Tinsley asked for access to several accounts owned by Murdaugh directly and other accounts Murdaugh had any influence over.

After he filed the motion, Tinsley said there was “a lot of grumbling and shock” that he tried to “hold Alex personally accountable.”

“Nobody said anything directly to me in that regard,” Tinsley testified. “He doesn’t want me to have access to his accounts. At the time I believed it was because I’ll see how much money he is making.”

By requesting access to Murdaugh’s finances, Tinsley said he was trying to pressure Murdaugh into settling the wrongful death lawsuit with Beach’s family.

9:57 a.m. — Alex tried to ‘intimidate’ lawyer of boat crash victim

Mark Tinsley testified that Alex Murdaugh allegedly tried to “intimidate” him at a 2019 lawyer’s conference after Mallory Beach’s death in a boating crash the same year.

Paul Murdaugh, Murdaugh’s youngest son, was reportedly driving the boat when the accident occurred. Tinsley was hired to represent Beach’s family in a wrongful death lawsuit, in which Murdaugh was named a defendant.

At a conference on Hilton Head Island in 2019, Tinsley said Murdaugh tried to “bully” him out of seeking compensation for Beach’s family.

“Alex sees me (at the conference) and he comes across the room, gets up close in my face and says, ’Hey Bo, what’s this I’ve been hearing about what you’ve been saying, I thought we were friends?’” Tinsley testified.

Tinsley said the confrontation was a response to his effort to have Murdaugh pay the wrongful death lawsuit to Beach’s family.

“I said, ’Alex, we are friends, but if you don’t think I can burn your house down and that I’m not gonna do everything I can you’re wrong, you need to settle this case,’” Tinsley said. “The point of (the confrontation), ... I took it as he tried to intimidate me, but he didn’t intimidate me and sort of bully me into backing off.”

9:41 a.m. — Attorney for Murdaugh boat crash victim takes stand

The state has called Mark Tinsley, a lawyer who represented the family of Mallory Beach, to the stand.

Beach was killed in a 2019 boating accident. Alex Murdaugh’s youngest son, Paul, was reportedly driving the boat after a night of drinking.

The family recently settled part of a wrongful death lawsuit with Buster Murdaugh, Murdaugh’s surviving son.

9:30 a.m. — Court resumes, again without jury

The third week of Alex Murdaugh’s double-murder trial could begin with a ruling from Judge Clifton Newman, who is expected to decide how much of Murdaugh’s alleged financial crimes can be surfaced in court in front of a jury.

Last Friday, prosecutors teased motion testimony from Mark Tinsley, the attorney who represented Mallory Beach’s family after she was killed in the 2019 boating accident. Murdaugh’s late son, Paul, was reportedly driving the boat after a heavy night of drinking. Tinsley is expected to take the stand first thing Monday morning.

Newman has already heard from Jeannie Seckinger, the CFO of Murdaugh’s former law firm, Parker Law Group. Seckinger testified that she confronted Murdaugh the day of Maggie and Paul’s deaths over some $792,000 in missing fees from a case he worked with Chris Wilson, a longtime friend and fellow attorney who also gave a teary testimony last week.

Palmetto Bank CEO Jan Malinowski also testified Friday, disclosing that Murdaugh was millions of dollars in debt to the bank in August 2021, two months after the murders.

Michael Satterfield, the son of the Murdaughs’ housekeeper who died in a 2018 fall at Moselle, Gloria Satterfield, testified that Alex Murdaugh allegedly stole millions in settlement money due to the Satterfields after Gloria’s death.

Newman has indicated support for allowing the jury to hear details of Murdaugh’s alleged white-collar crimes to add context to his life circumstances around the time of the murders.

Prosecutors allege Murdaugh’s crumbling finances motivated him to slay his wife and son on June 7, 2021, while the defense declared the evidence irrelevant since Murdaugh has not been convicted of any financial crimes.