Judge Newman to rule on motive evidence in Alex Murdaugh murder trial

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COLLETON COUNTY, S.C. (WCBD) – Judge Clifton Newman is expected to decide Thursday whether evidence of Alex Murdaugh’s financial crimes will be admissible as proof of motive in his ongoing murder trial.

Murdaugh is accused of killing his wife Margaret and youngest son Paul at their family property in June of 2021.

ALEX MURDAUGH MURDER TRIAL: DAY 7 RECAP

Get caught up on the Alex Murdaugh investigations

On Wednesday, a digital timeline was recreated using data from Paul, Maggie, and Alex’s cell phones.

Video taken on Paul’s phone from 8:44 p.m. the night of the murders puts all three together at the dog kennels. Though no one is pictured, the voices were identified by two close friends of Paul. Murdaugh had originally told investigators the last time he saw Maggie and Paul before they were murdered was when they ate dinner earlier that night.

However, the friends both testified that Murdaugh’s relationship with his family was solid.

ALEX MURDAUGH MURDER TRIAL LIVE BLOG

10:14 a.m. – Heidi Galore, a representative from Snapchat takes the stand. She explains that she responds to law enforcement inquiries and explains what Snapchat is and how it keeps records. She confirms that records from Paul Murdaugh’s Snapchat entered into evidence are true and accurate.

Galore confirms the video Paul sent Will Loving of him and Murdaugh riding around looking at trees was sent on June 7, 2021 at 7:56 p.m.

9:55 a.m. – Prosecution asks for time to re-configure their planned witness list for the day. They had previously planned to bring in some witnesses, like Jeanne Seckinger, the CFO of Murdaugh’s former law firm who confronted him about missing money the day of the murders. Since her testimony would relate to previous crimes, it will have to be heard first without the jury present.

9:42 a.m. – State prosecutor Creighton Waters says they planned to introduce a witness from Snapchat today and introduce witnesses from Murdaugh’s former law firm, but the law firm witnesses will not be allowed to testify before the jury because Newman has to rule what evidence they present will be admissible.

At issue are Rules 403 and 404, which are defined by the South Carolina Judicial Branch as the following:

RULE 403: EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME

• Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

RULE 404: CHARACTER EVIDENCE NOT ADMISSIBLE TO PROVE CONDUCT; EXCEPTION; OTHER CRIMES

• (a) Character Evidence Generally. Evidence of a person’s character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
  • (1) Character of Accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same;
  • (2) Character of Victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;
  • (3) Character of Witness. Evidence of the character of a witness, as provided in Rules 607, 608, and 609.
• (b) Other Crimes, Wrongs, or Acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible to show motive, identity, the existence of a common scheme or plan, the absence of mistake or accident, or intent.

Newman goes through Rule 404, identifying several areas where evidence of prior crimes may be relevant to this case, specifically to speak to the defendant’s state of mind at the time of the crimes.

9:35 a.m. – Court is in session.

Judge Newman began by overruling defense’s objection Wednesday night to prosecution’s questioning of Will Loving, asking if he was aware of Murdaguh’s financial troubles.

Newman said that because defense previously asked a witness if he could think of any reason Murdaugh would murder his wife and son, they veered into character witness territory, thus opening the door for the state to bring up facts that Loving may have been unaware of.

Newman says that objecting on the grounds of being “totally inappropriate” is not sufficient because “totally inappropriate” has no legal basis.

Newman says the main argument the defense has been making is that Murdaugh has such a good character, he could never do such a thing. Therefore, testimony about his reputation will be admitted as well.

He also says the defense brought up the boating case yesterday, which opens the door for evidence from that case to be brought in as well.

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