Thursday, January 19, 2023

Alex Murdaugh: South Carolina: Up-coming very high-profile trial (Monday January 23) expected to be loaded with juicy (so-to-speak) forensic issues: HL); Reporter Chase Laudenslager (News 2) reports that Murdaugh's lawyers are pushing to exclude 'fabricated; blood spatter evidence, at trial... "Embattled former attorney Alex Murdaugh is set to stand trial in less than a week for the brutal murders of his wife and youngest son. With the trial looming, Murdaugh’s lawyers have doubled down on their effort to exclude what they claim is fabricated evidence regarding the shirt Murdaugh was wearing the night of the murders. Previous motions claimed that the expert — Tom Bevel — obtained by the state to analyze the shirt changed his conclusion after what Murdaugh’s team described as pressure from the state. They also claimed that the state destroyed the shirt — whether intentionally or through negligence — leaving defense unable to conduct their own tests. The defense asked Judge Clifton Newman to order all communications and relevant documents regarding the blood spatter — including original files of images used by Bevel — be turned over to the defense team. Judge Newman issued the order, but the defense team claimed that they still have not received all of the materials."


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. Jury selection in Murdaugh’s trial is scheduled to begin Monday, Jan. 23. Court TV cameras will be inside the courtroom, providing gavel-to-gavel coverage of the proceedings. Field producer Tiffany Smith, documentary producer Emily Kean, Crime & Justice Correspondent Matt Johnson and digital content manager Ivy Brown contributed to this report.

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


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PASSAGE OF THE DAY: "Due to the what the defense deemed the unreliable nature of the evidence and the unwillingness to provide court-ordered information, Murdaugh’s team argued the blood spatter evidence and Bevel’s testimony should be omitted in court. “No South Carolina prosecutor has ever before attempted to introduce inculpatory expert testimony from an out-of-state expert who — in open defiance of a court order — refused to produce the materials he relied upon in forming his opinion,” defense argued."

STORY: "The Murdaugh Investigation: Lawyers push to exclude 'fabricated' blood-spatter evidence," by Reporter Chase Laudenslager, published by News 2, on January 18, 2023. 

GIST: "Embattled former attorney Alex Murdaugh is set to stand trial in less than a week for the brutal murders of his wife and youngest son. With the trial looming, Murdaugh’s lawyers have doubled down on their effort to exclude what they claim is fabricated evidence regarding the shirt Murdaugh was wearing the night of the murders.


Previous motions claimed that the expert — Tom Bevel — obtained by the state to analyze the shirt changed his conclusion after what Murdaugh’s team described as pressure from the state. 


They also claimed that the state destroyed the shirt — whether intentionally or through negligence — leaving defense unable to conduct their own tests.


The defense asked Judge Clifton Newman to order all communications and relevant documents regarding the blood spatter — including original files of images used by Bevel — be turned over to the defense team. Judge Newman issued the order, but the defense team claimed that they still have not received all of the materials.


Due to the what the defense deemed the unreliable nature of the evidence and the unwillingness to provide court-ordered information, Murdaugh’s team argued the blood spatter evidence and Bevel’s testimony should be omitted in court.


“No South Carolina prosecutor has ever before attempted to introduce inculpatory expert testimony from an out-of-state expert who — in open defiance of a court order — refused to produce the materials he relied upon in forming his opinion,” defense argued.


The defense also said that Bevel’s testimony would not be of value to the jury.


“It is very difficult to see how Mr. Bevel’s ‘expert’ opinions could possibly assist the jury. The basic facts are undisputed,” they said.


In addition to omitting the evidence and testimony, Murdaugh’s lawyers argue that he should be compensated for the “substantial costs” imposed on him by “the State’s misadventure with Mr. Bevel.” 


The motion “requests that after trial, the Court award [Murdaugh] costs and reasonable attorney’s fees incurred in motion practice regarding Mr. Bevel.""


The entire story can be read at:

murdaugh-lawyers-push-to-exclude-fabricated-blood-spatter-evidence

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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