Wednesday, January 25, 2023

Alex Murdaugh: On-going trial: (Great reporting from FITSNews Founding Editor Will Folks. HL); The Prosecution has scored a major win on ballistic evidence and testimony in pre-trial hearings - including rejection of the defence's contention that ballistics evidence was not an established science - FITSNews (Founding Editor Will Folks ) reports..."Prosecutors in the office of South Carolina attorney general Alan Wilson scored a major win on the second day of the double homicide trial of Alex Murdaugh – the disbarred attorney at the epicenter of the ‘Murdaugh Murders‘ crime and corruption saga. Wilson’s prosecutors won a major pre-trial motion over the admissibility of key ballistics evidence – along with accompanying testimony from expert witness Paul S. Greer of the S.C. State Law Enforcement Division (SLED). Greer has traced ammunition used in the murder of one of Murdaugh’s victims to ammunition found at other sites on the family hunting property where they were killed – and tied all of this ammunition to a missing gun owned by Alex Murdaugh. Greer’s testimony – and the evidence he will testify to at trial – was the focus of an eleventh-hour defense motion filed on Monday by Murdaugh’s attorneys Dick Harpootlian and Jim Griffin. According to that motion (.pdf), Greer’s testimony should have been excluded – or limited – during the upcoming trial because “his opinion testimony does not aid the trier of fact to understand the evidence.” S.C. circuit court judge Clifton Newman – who was tapped by the S.C. supreme court to handle this case back in September of 2021 – disagreed, allowing the state to admit what lead prosecutor Creighton Waters referred to as a “very significant piece of evidence.” Newman ruled that prosecutors had “met the threshold” to include both the evidence and the accompanying testimony – concluding it would “assist the jury” in its deliberations. He further found Greer was “well-qualified” to speak to the subject matter at issue. Finally, Newman rejected the defense’s contention that ballistics evidence was not an established science. “The underlying science is solid,” Newman said at the conclusion of a two-and-a-half hour hearing on Tuesday afternoon."


BACKGROUND:  (Court TV): "The once-prominent heir to a low country legal dynasty is facing life in prison if convicted of murdering his wife and youngest son. Disbarred attorney Alex Murdaugh, 54, is accused of fatally shooting 52-year-old Maggie Murdaugh and 22-year-old Paul Murdaugh on June 7, 2021. Their bodies were found near the dog kennels on the family’s 1,770-acre estate in Islandton. Murdaugh claims he was at his mother’s home at the time of the shooting, but authorities say blood splatter allegedly found on his clothing indicates that he, too, was at the dog kennels when his wife and son were killed. Murdaugh called 911 at 10:07 p.m. to report finding Maggie and Paul deceased. His attorneys claim their client checked the bodies for signs of life, which ultimately transferred blood onto his hands and clothes. Prosecutors claim Murdaugh murdered his wife and son to gain sympathy ahead of a “pending motion that threatened to expose years of substantial debts and illicit financial crimes,” reported The Associated Press. In a shocking turn of events, Murdaugh was shot three months later while changing a tire on a rural road. Authorities quickly unraveled a murder-for-hire plot that would allow Murdaugh’s oldest son to receive a $10 million insurance payout. Curtis Edward Smith, the allegedly gunman and former client of Murdaugh, is accused of conspiring with Murdaugh. The duo was indicted for the alleged scheme in Nov. 2021.

RELATED: A timeline of events surrounding Alex Murdaugh’s charges

As of January 2023, Murdaugh faces 106 grand jury criminal charges, including murder, drugs, and financial fraud dating back to at least 2011. He is also named a defendant in three separate civil suits. He has been disbarred, and his assets frozen...."

https://www.courttv.com/news/sc-v-alex-murdaugh-murdaugh-family-murders/


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PASSAGE OF THE DAY: "The ballistic evidence and testimony lies at the very heart of the case against Murdaugh – who is accused of savagely murdering his family members nineteen months ago. To recap: Sometime after 8:44 p.m. EDT on June 7, 2021, state prosecutors say Murdaugh savagely dispatched his wife, 52-year-old Maggie Murdaugh, and their younger son, 22-year-old Paul Murdaugh, near the dog kennels on the family’s 1,700-acre hunting property – known locally as Moselle. Paul Murdaugh was hit by a pair of shotgun blasts on that fateful evening – one to the head, the other to the arm and chest. Maggie Murdaugh was killed by multiple rounds from a semi-automatic rifle around the same time her son was killed.  At least two of Maggie Murdaugh’s gunshot wounds were inflicted as she was lying wounded on the ground – consistent with initial reports we received of “execution-style” slayings.

*****

For those of you unhip to rifle rounds,.300 blackout ammunition is preferable in some hunting and home defense situations to the AR-15’s typical chambering (5.56) because it offers increased power without the intense recoil and over-penetration associated with heavier rounds. The rifle used to kill Maggie Murdaugh has not yet been found. Nor has the shotgun used to kill Paul Murdaugh. As SLED agents continue searching diligently for these weapons, Greer was able to conclude something significant … that .300 blackout cartridges found at a shooting range and near the residence were “loaded into, extracted and ejected from the same firearm at some previous time.” In other words, while prosecutors may not have the murder weapons in hand – they can point to the next best thing: That those weapons allegedly belonged to the Murdaugh’s and were used on the Murdaugh’s property on previous occasions. This would tie in nicely with the prosecution’s theory of the timeline of the murders – and how that timeline wrecked Murdaugh’s so-called “ironclad” alibi. It would also dovetail nicely into one of the key witnesses in the case, who is expected to testify they saw Murdaugh “hiding evidence” in the aftermath of the murders at his parents home in Almeda, S.C. It could also point to a potential accomplice in the crimes … or an accessory after the fact. Furthermore, the testimony Greer is expected to provide would severely undermine Murdaugh’s claim that the “real killers” of his wife and son were vigilantes looking to kill Paul as retribution for his involvement in a fatal 2019 boat crash that killed 19-year-old Mallory Beach of Hampton, S.C."


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STORY: "'Murdaugh Murders' Saga: Prosecution Scores Major Win On Ballistic Evidence, Testimony,"  by Will Folks published by  FITSNews. (Will Folks is the founding editor of FITSNews. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and seven children.)

GIST: "Prosecutors in the office of South Carolina attorney general Alan Wilson scored a major win on the second day of the double homicide trial of Alex Murdaugh – the disbarred attorney at the epicenter of the ‘Murdaugh Murders‘ crime and corruption saga.


Wilson’s prosecutors won a major pre-trial motion over the admissibility of key ballistics evidence – along with accompanying testimony from expert witness Paul S. Greer of the S.C. State Law Enforcement Division (SLED).


Greer has traced ammunition used in the murder of one of Murdaugh’s victims to ammunition found at other sites on the family hunting property where they were killed – and tied all of this ammunition to a missing gun owned by Alex Murdaugh.


Greer’s testimony – and the evidence he will testify to at trial – was the focus of an eleventh-hour defense motion filed on Monday by Murdaugh’s attorneys Dick Harpootlian and Jim Griffin.


According to that motion (.pdf), Greer’s testimony should have been excluded – or limited – during the upcoming trial because “his opinion testimony does not aid the trier of fact to understand the evidence.”


S.C. circuit court judge Clifton Newman – who was tapped by the S.C. supreme court to handle this case back in September of 2021 – disagreed, allowing the state to admit what lead prosecutor Creighton Waters referred to as a “very significant piece of evidence.”


Newman ruled that prosecutors had “met the threshold” to include both the evidence and the accompanying testimony – concluding it would “assist the jury” in its deliberations. He further found Greer was “well-qualified” to speak to the subject matter at issue. 


Finally, Newman rejected the defense’s contention that ballistics evidence was not an established science.


“The underlying science is solid,” Newman said at the conclusion of a two-and-a-half hour hearing on Tuesday afternoon.


Murdaugh’s attorney Griffin did an admirable job pushing back against Greer’s findings, challenging him on his contention that 300 blackout cartridges fired at the murder scene “came from the same weapon that fired .300 blackout cartridges at (a) shooting range and near the residence.”


“Are you able to state with a reasonable degree of certainty that only one weapon in the world could have made these marks?” Griffin asked Greer.


Greer repeatedly referred to “matching mechanism marks” on the ammunition, which led him to conclude the projectiles “came from the same firearm.”


Griffin pushed back, saying Greer could be confusing the fact that ammunition from guns “produced in the same production lots have identical markings.”


Greer responded that his analysis – which was confirmed by two independent SLED analyses – was based on “pattern matching” that enabled him to “distinguish and correctly identify” the weapon from others manufactured in the same lot.


The ballistic evidence and testimony lies at the very heart of the case against Murdaugh – who is accused of savagely murdering his family members nineteen months ago.


To recap: Sometime after 8:44 p.m. EDT on June 7, 2021, state prosecutors say Murdaugh savagely dispatched his wife, 52-year-old Maggie Murdaugh, and their younger son, 22-year-old Paul Murdaugh, near the dog kennels on the family’s 1,700-acre hunting property – known locally as Moselle.


Paul Murdaugh was hit by a pair of shotgun blasts on that fateful evening – one to the head, the other to the arm and chest. Maggie Murdaugh was killed by multiple rounds from a semi-automatic rifle around the same time her son was killed. 


At least two of Maggie Murdaugh’s gunshot wounds were inflicted as she was lying wounded on the ground – consistent with initial reports we received of “execution-style” slayings.


‘HIS HEAD EXPLODED LIKE A WATERMELON’

*****

For those of you unhip to rifle rounds,.300 blackout ammunition is preferable in some hunting and home defense situations to the AR-15’s typical chambering (5.56) because it offers increased power without the intense recoil and over-penetration associated with heavier rounds.


The rifle used to kill Maggie Murdaugh has not yet been found. Nor has the shotgun used to kill Paul Murdaugh.


As SLED agents continue searching diligently for these weapons, Greer was able to conclude something significant … that .300 blackout cartridges found at a shooting range and near the residence were “loaded into, extracted and ejected from the same firearm at some previous time.”


In other words, while prosecutors may not have the murder weapons in hand – they can point to the next best thing: That those weapons allegedly belonged to the Murdaugh’s and were used on the Murdaugh’s property on previous occasions.


This would tie in nicely with the prosecution’s theory of the timeline of the murders – and how that timeline wrecked Murdaugh’s so-called “ironclad” alibi. It would also dovetail nicely into one of the key witnesses in the case, who is expected to testify they saw Murdaugh “hiding evidence” in the aftermath of the murders at his parents home in Almeda, S.C.


It could also point to a potential accomplice in the crimes … or an accessory after the fact.


Furthermore, the testimony Greer is expected to provide would severely undermine Murdaugh’s claim that the “real killers” of his wife and son were vigilantes looking to kill Paul as retribution for his involvement in a fatal 2019 boat crash that killed 19-year-old Mallory Beach of Hampton, S.C."


Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and seven children."


The entire story can be read at:


https://www.fitsnews.com/2023/01/24/murdaugh-murders-saga-prosecution-scores-major-win-on-ballistic-evidence-testimony/

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;


SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

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