COLLETON COUNTY, S.C. (WCBD) – Alex Murdaugh’s defense team is set to deliver closing arguments Wednesday in his double-murder trial.
Murdaugh is accused of killing his wife Margaret and youngest son Paul at their family property in June of 2021.
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State prosecutor Creighton Waters spent over three hours total presenting the state’s closing argument Tuesday.
Waters focused on the four factors he said the jury should consider during their deliberations: motive, means, opportunity, and guilt of conscience.
He said Murdaugh’s motive for murdering his wife and son was the impending storm that Waters believes was about to come to a head. Murdaugh’s father was sick, he had an opioid addiction, he and Paul were being sued in the boat case, his financial crimes were about to be exposed, and his prominent lifestyle was about to crumble. Waters said shame was an “extraordinary provocation” for Murdaugh.
Waters said Murdaugh also had the means to do it. He claims family guns were used to kill Maggie and Paul, and that they showed no defensive wounds, meaning they likely knew their attacker. Waters proposed that as a lawyer, Murdaugh also had the knowledge to construct an alibi and manipulate the circumstances of the situation to support his narrative.
The opportunity was a small window between when Murdaugh, Paul, and Maggie can all be heard on the kennel video at 8:44 p.m. and when Maggie and Paul’s phones go silent at 8:49 p.m.
Murdaugh lied to investigators about being at the kennels that night, which Waters claims speaks to his consciousness of guilt. Waters repeatedly questioned what kind of father would lie about the last time he saw his wife and son alive.
Waters also said the lie was a testament to Murdaugh’s lack of credibility and urged the jury not to become the latest victims of Murdaugh’s lies.
After the defense’s closing argument, the prosecution will have the chance to give a rebuttal argument. Once arguments conclude, the jury will be charged and deliberations could begin. If the jury does not reach a verdict by Friday, deliberations could spill over into the weekend. A decision has not yet been made on whether the jury will be sequestered.
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9:57 a.m. – Defense attorney Jim Griffin begins closing arguments.
He says that the court system in the United States is wonderful in many ways, but he wishes it permitted the jury to ask questions, because he knows they probably have them.
Griffins says that the jurors have been ideal jurors. They have been on time every day, been dedicated, missed work, families, personal obligations, etc. He thanks them and says their sacrifices have not gone unnoticed.
He says that jurors are asked to perform an unnatural task: presume the defendant innocent when he has already been indicted. He says it is natural to trust that law enforcement investigates properly and arrests the right person.
Griffin says it’s hard to presume innocents, but he gives the analogy of an instant replay in sports. He says the call on the field stands unless the instant replay provides evidence against it.
He says jurors are not being asked to provide an opinion, but to uphold the bedrock principles of the Constitution, which he says protects us all from the government. Those are the presumption of innocence and proof beyond a reasonable doubt.
Griffin says that if the proof that the state has presented causes any hesitation, jurors are obligated to find Murdaugh not guilty. He says this is likely one of the most consequential decisions they will make in their lives.
Griffin says proof beyond a reasonable doubt is the highest standard of the law and that the scale of justice must be tipped all the way in favor of the prosecution in order for the jury to find Murdaugh guilty.
Importantly, Griffin informs the jury that they don’t have to find Murdaugh fully innocent, but if they do not think the state has fully proven the burden of proof, they must find him not guilty. In some countries, juries are given three options: guilty, not guilty, and not proven. In America, the last two options are combined.
Griffin goes on to June 7, 2021. He says it’s fair that Murdaugh was considered a suspect. He found the victims, called 911, was in the immediate family, and was holding a shotgun when the police showed up. What he doesn’t find fair is that by the morning of June 8, SLED and the Colleton County Sheriff’s Office issued a statement saying there was no threat to the public. Griffin says it seems that the agencies has already decided Murdaugh was guilty.
From that point forward, Murdaugh was at the mercy of SLED to exclude him from the circle. Griffin says the defense has proven that SLED did a horrible job investigating the crime. Had SLED done their job properly, Griffin believes Murdaugh would’ve been excluded from the circle long ago.
Griffin points out shortcomings in the immediate aftermath and over the course of the investigation that several witnesses admitted during testimony.
9:39 a.m. – Court is in session. Judge Clifton Newman announces that juror number 785 will be removed due to improper conduct.
He says that the juror had inappropriate contact with at least three individuals and offered her opinion on evidence that had been presented so far.
Those individuals were brought in and interviewed and a hearing was held in chambers.
To preserve the integrity of the case, Judge Newman says the juror will be removed and replaced.
Defense attorney Dick Harpootlian points out that the people who conducted the interviews were SLED agents, one of whom is a witness in the case and another who was an investigating agent. He says it is another example of the calamity of issues SLED has had.
Judge Newman says that he understands given the length of the trial and the attention the case is getting, he understands it is hard to not have some exposure outside the courtroom and tempting to engage in conversations. However, he says that is not allowed.
Judge Newman brings the juror out before the court and dismisses her. He says that she has been by all accounts a great juror, has smiled consistently, and has been seemingly invested in the case. He says that he is not suggesting that she intentionally did everything wrong, but tells her that she must be dismissed to preserve the integrity of the case.
He asks the juror if she has left anything in the jury room. The juror says she left her purse, a bottle of water, and a dozen eggs. She says that a bunch of the jurors wanted eggs, so she brought eggs. Judge Newman asks if she wants to leave the eggs. She says she is going to take them.
Judge Newman encourages her not to speak publicly until after the trial but says she has a right to if she wishes.
Juror number 254, one of two remaining alternates, is selected to replace the dismissed juror.
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