Tuesday, January 24, 2023

Alex Murdaugh: South Carolina; An at home 'science fair' experiment allegedly conducted by a blood spatter witness is expected to play a prominent role in this on-going high profile case, Law and Crime (Reporter Colin Kambacher) reports..."The motion claims that Bevel’s opinion in this regard was based on an “at-home ‘science fair’ experiment” that was conducted in the former police officer’s “garage or kitchen or wherever.” The motion also suggests that when the state’s lead attorney in the case, Creighton Waters, learned of Bevel’s alleged non-laboratory tests, he was “embarrassed.” Those alleged at-home tests, the defense motion says, would not stand up to scientific scrutiny and would likely result in Bevel being eliminated as an expert witness. Hearings on potential experts are typically mandatory so that both sides can establish and challenge credentials. “Bevel is a retired Oklahoma City police officer with no credentials in any scientific discipline,” the filing says. The filing also argues that Waters is aware the state’s first blood spatter witness is unlikely to be able to testify and that the prosecutor is now trying to “sneak” Bevel’s report in through a member of law enforcement “as a back door.” “The court should not allow this,” the motion says."


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 issue in question is the white T-shirt the suspect was wearing on the night he called police to report his wife, Margaret “Maggie” Murdaugh, 52, and son Paul Murdaugh, 22, had been shot to death.  The case has made national headlines since the gruesome discovery near the dog kennels on his family’s property, the 1,770-acre hunting lodge known to locals as Moselle, in 2021Murdaugh insists that any blood on the shirt was transferred there when he touched the bodies after he found them and “frantically checked them for signs of life,” a previous defense motion says.  The state claims that at least some of the blood is high-velocity impact spatter from one or both of the victims. The prosecution’s position relies on a secondary report issued by Bevel – a report issued after an initial report found no stains on the shirt consistent with blood spatter that would come from a gunshot. The second Bevel report, cited in the latest defense motion, says that “100+ stains are consistent with spatter on the front of the t-shirt.” The second report also deletes a line saying that the shooter in question likely would have “little to no spatter” on their clothing in favor of a line saying that the shooter “is certainly in a close enough range to get spatter on their clothing.” Complicating matters further, for both the prosecution and the defense, is that investigators effectively destroyed the t-shirt after conducting a series of tests – by cutting numerous swathes out of it and using substances that have turned it nearly black. The state claims it is no longer useful for evidentiary purposes. Murdaugh’s team has pointed to Bevel’s shifting opinions to allege the state altered and fabricated evidence related to the shirt before it was destroyed. The second report was based on Bevel using Photoshop to manipulate images of the shirt before its destruction."


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STORY: "Alex Murdaugh’s Defense Slams ‘At-Home Science Fair Experiment’ Allegedly Conducted by Blood Spatter Witness, by Reporter Colin Kalmbacher, published by Law and Crime, on Jan 18, 2023.


GIST: "Defense counsel for disbarred attorney Richard “Alex” Murdaugh filed a motion on Wednesday, alleging prosecutors and a potential expert witness for the state violated a court-ordered discovery ruling issued late last month.


In the 63-page motion for sanctions provided to Law&Crime by Murdaugh’s legal team, the defense is asking a judge to prohibit the state from offering testimony regarding blood spatter by Tom Bevel, a former Oklahoma police officer who owns and operates a self-described forensic education and consulting company.


The motion also aims to exclude any such testimony from any of Bevel’s principals, associates, or employees and would prohibit the state or anyone else from relying on Bevel’s work product in the double murder case against Murdaugh, 54, so far.


The issue in question is the white T-shirt the suspect was wearing on the night he called police to report his wife, Margaret “Maggie” Murdaugh, 52, and son Paul Murdaugh, 22, had been shot to death. 


The case has made national headlines since the gruesome discovery near the dog kennels on his family’s property, the 1,770-acre hunting lodge known to locals as Moselle, in 2021.


Murdaugh insists that any blood on the shirt was transferred there when he touched the bodies after he found them and “frantically checked them for signs of life,” a previous defense motion says. 


The state claims that at least some of the blood is high-velocity impact spatter from one or both of the victims.


The prosecution’s position relies on a secondary report issued by Bevel – a report issued after an initial report found no stains on the shirt consistent with blood spatter that would come from a gunshot.


The second Bevel report, cited in the latest defense motion, says that “100+ stains are consistent with spatter on the front of the t-shirt.”


The second report also deletes a line saying that the shooter in question likely would have “little to no spatter” on their clothing in favor of a line saying that the shooter “is certainly in a close enough range to get spatter on their clothing.”

Complicating matters further, for both the prosecution and the defense, is that investigators effectively destroyed the t-shirt after conducting a series of tests – by cutting numerous swathes out of it and using substances that have turned it nearly black. 


The state claims it is no longer useful for evidentiary purposes.


Murdaugh’s team has pointed to Bevel’s shifting opinions to allege the state altered and fabricated evidence related to the shirt before it was destroyed.


The second report was based on Bevel using Photoshop to manipulate images of the shirt before its destruction.


While Bevel’s use of Photoshop is cited negatively by Murdaugh’s defense, the heart of their argument relies on earlier state-conducted laboratory tests that found the areas identified by Bevel as containing blood spatter did not test positive for human blood at all.


“SLED retained Mr. Bevel to opine that T-shirt is stained with high-velocity blood spatter that could only come from being in proximity with them at the time of their murders,” the motion reads. “It did so even though the State knew on August 10, 2021–almost six weeks before first reaching out to Mr. Bevel on September 21st–that confirmatory blood test results were definitively negative for human blood in all areas of the shirt where purported spatter is present.”


The defense says they belatedly learned about those earlier tests themselves in late November of last year. Attorneys Dick Harpootlian and Jim Griffin write that Bevel was then made aware of those negative blood test results by Murdaugh’s team roughly a week later.


Bevel, in response, issued a supplemental report where he claims the blood-presence test used by the state will always fail to detect human blood in a surface previously treated with LCV – the solution the state previously used on the shirt which turned it black.


The motion claims that Bevel’s opinion in this regard was based on an “at-home ‘science fair’ experiment” that was conducted in the former police officer’s “garage or kitchen or wherever.”


The motion also suggests that when the state’s lead attorney in the case, Creighton Waters, learned of Bevel’s alleged non-laboratory tests, he was “embarrassed.”


Those alleged at-home tests, the defense motion says, would not stand up to scientific scrutiny and would likely result in Bevel being eliminated as an expert witness. Hearings on potential experts are typically mandatory so that both sides can establish and challenge credentials.


“Bevel is a retired Oklahoma City police officer with no credentials in any scientific discipline,” the filing says.


The filing also argues that Waters is aware the state’s first blood spatter witness is unlikely to be able to testify and that the prosecutor is now trying to “sneak” Bevel’s report in through a member of law enforcement “as a back door.”


“The court should not allow this,” the motion says.


Waters did not immediately respond to a request for comment."


The entire story can be read at:


https://lawandcrime.com/live-trials/live-trials-current/alex-murdaugh/alex-murdaughs-defense-slams-at-home-science-fair-experiment-allegedly-conducted-by-blood-spatter-witness/


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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