Shelley Smith — Direct/Cross/Redirect/Recross
1,331 linesJUDGE NEWMAN: Any additional witnesses on this issue?
MR. WATERS: This particular issue, no. I know that's a little bit different than the larger issue we've been dealing with, and I'll certainly be happy to argue further if the Court would like. As far as the larger issues, one of the things that we -- in discussions with the defense that we've stayed away from so far in testimony is the side of the road, and that might be the other piece of the puzzle a little bit that might need some in-camera testimony as I think all of this through. I do -- and I know that we're butting up with the jury being here shortly, but --
JUDGE NEWMAN: That can be done at a later time.
MR. WATERS: Yes, sir.
JUDGE NEWMAN: Anything further on this issue regarding evidence of other crimes?
MR. WATERS: Aside from the side of the road, not at this time, no, Your Honor.
JUDGE NEWMAN: All right. Do you have other witnesses to present on any other issue at this time?
MR. WATERS: No, sir, other than I had a summary witness for the side of the road but, you know, that would be it, again, for the in-camera proceedings before Your Honor to get a handle on all of the 404 stuff that we're talking about.
JUDGE NEWMAN: All right.
MR. WATERS: That would be it unless we did the side of the road.
JUDGE NEWMAN: We're going to take a break for about 5 minutes and I will announce my decision regarding this other evidence.
END OF IN-CAMERA HEARING
(A break was taken.)
JUDGE NEWMAN: This issue is before me on the motion of the State to admit evidence pursuant to Rule 404B of the South Carolina Rules of Evidence, and also under the res gestae. Of course, the defendant is on trial for the murder of his wife and son, and over the course of the past several days we have conducted an extensive in-camera hearing. The Court has reviewed all of the exhibits submitted, and I have considered the testimony of each and every witnesses, and I have concluded that the motion should be granted. Under the law of this State, evidence of other crimes is not admissible to prove the character of a person in order to show action in conformity therewith. An exception, however, exists where the evidence is offered to show motive, identity, the existence of a common scheme or plan, the absence of mistake, or accident, or intent. And before admitting this evidence, the Court must first determine if it's relevant.
Our rules define relevance as evidence having any tendency to make the existence of any fact that is of consequence to determination -- to the determination of the case more probable or less probable than it would be without the evidence. After determining relevance, the Court must determine if the evidence falls within an exception to Rule 404. In determining if an exception exists, the evidence must be logically relevant to the particular purpose or purposes for which it is sought to be introduced, and this requires the Court to analyze whether a logical nexus exists. Evidence is logically relevant when it reasonably tends to prove a material fact at issue. And, of course, the evidence of any other crime offered to be admitted into evidence, or proven, or testified to, must be proven by clear and convincing evidence, and the Court is to conduct an -- or required to conduct an analysis under Rule 403, which weighs the probative value versus the prejudicial effect.
According to the State, the nexus is supported by the unusual circumstances of the murders in that the defendant was the last person to see his wife and son alive, and he is the one who discovered the bodies, all in a relatively short period of time. The State has presented evidence in this in-camera hearing, evidence of numerous financial crimes allegedly committed by Mr. Murdaugh. The State argued that the logical nexus between the murders and other crimes is that the looming exposure of the financial crimes provided motive for the murders and is evidence of malice, an essential element of the crime of murder. On June 7th, the defendant was confronted about $792,000 missing from the law firm. Again, on that sum the State contends that millions of dollars were misappropriated by the defendant, and this misappropriation would imminently be exposed.
We've heard from the bookkeeper for the law firm, Jeannie Seckinger, who testified to confronting the defendant on the day of the murders about the missing $792,000 from the case that she -- that he worked on with Attorney Chris Wilson. She previously questioned Mr. Murdaugh concerning the proper disbursement of fees in the case of the State v. Hershberger wherein it's alleged that Mr. Murdaugh sought to put the fees in the name of his wife, Maggie, to hide them from discovery in the boat case. She testified that the firm conducted a forensic audit, which then documented millions of dollars of misappropriated funds by defendant, funds that the law firm had to replace. The defendant, the defendant and his son Paul had been sued following the fatal boat crash, and the defendant had been served a motion to compel production of his financial information.
On the day of the murders, according to the testimony, the defendant was preparing for the motion to compel, which had been set -- which was set to convene in three days. We've heard testimony from Jan Malinowski, the president and CEO of Palmetto State Bank. He provided testimony and documentation to millions of dollars owed by the defendant to Palmetto State Bank, all while the defendant was frequently carrying a substantial negative account balances. Michael Gunn, a consultant with Forge Consulting, testified that the defendant created a fake bank account using the firm name of Forge, and according to the testimony of Ms. Seckinger, this fake account was used as the main depository for a substantial -- in fact, most of the misappropriated funds.
We heard testimony from Attorney Chris Wilson about confronting the defendant about the missing $792 (sic) and the personal sum to him owed, over $192,000, he later discovered, and that testimony, or that confrontation took place on June 7th. Mr. Murdaugh later confessed to have stolen those funds, along with committing a multitude of other crimes, and also claiming to be suffering from drug addiction. You heard from Michael Satterfield who Mr. Murdaugh, according to him, represented him in a lawsuit against himself involving the death of Gloria Satterfield, Michael's mother, who was the housekeeper of Mr. Murdaugh. He testified that he heard of the -- through the courts that money had been recovered in the case, and he discussed it with Mr. Murdaugh, and Mr. Murdaugh told him that no money had been recovered and it would take a year or so. It was later revealed that money had been recovered and that a confession of judgment was later issued in the sum of $4,304,000.
Also received testimony from Mr. Carson Burney with the State Attorney General's Office who traced funds in and out of the bank accounts. I find that the jury is entitled to consider whether the apparent desperation of Mr. Murdaugh, because of his dire financial situation, threat of being exposed of committing the crimes for which he was later charged with, resulted in the commission of the alleged crimes. While motive is not a necessary element, the State must prove malice, and evidence of motive may be used to prove that. In this case, since the identity of the perpetrator is a critical element, it must be proven beyond a reasonable doubt. Evidence of motive may be used in an attempt to meet that burden. This evidence of other crimes is admissible and it's non-propensity, as it does not suggest to the jury that the defendant has a tendency to commit murder.
I specifically find that these other crimes will not lure the jury into declaring guilt on a different ground than the specific charge. Thus it's not -- thus it is non-propensity evidence and supported by state law. Therefore, this non-propensity evidence of other crimes is admissible under Rule 404B and Rule 403 in that the evidence, which may be prejudicial, but it's more probative than prejudicial. As to res gestae, the State alleges that Mr. Murdaugh was under immense pressure after being confronted about missing fees, the upcoming hearing, and a motion to compel his financial information, his dire financial straits, and looming exposure of his criminal activity, and the State contends that led -- that situation lead to the murder of Maggie and Paul Murdaugh.
Our courts have held that where evidence of other crimes is an integral part of the crime for which a defendant is charged, or it is needed to aid the jury in understanding the context with which the crime occurred, then that evidence is admissible under the theory of res gestae, res gestae, as some might pronounce it. I find that the activities and conduct of the defendant on June 7th of 2021 as testified to is admissible to under res gestae, and that this evidence furnishes a part of the context of the alleged crime as necessary to the full presentation of the case, which the State is entitled, particularly since the State is relying heavily on circumstantial evidence. I find that it is so intimately connected with an -- explanatory of the crime charged under the theory the State is seeking to prove that proof of it is essential to complete the story.
Our courts have further declared that where the full presentation of the evidence is admissible, that there is no reason to fragmentize the events under inquiry by suppressing parts of the res gestae. Further in State v. McGee, the Court held that where res gestae -- evidence of res gestate, or part of res gestae is properly admitted, then no 404B or Lyle analysis is reached. However, as in finding admissibility of the evidence, which I have done, and finding it within the res gestae, I nevertheless conducted a Rule 404B analysis, or Lyle analysis, though not needed. In conclusion, the State's motion to admit the other evidence, or evidence of other crimes, is admitted. I will file a more formal order granting the State's motion later today.
MR. WATERS: Yes, sir, Your Honor.
JUDGE NEWMAN: Are we ready for the jury?
MR. WATERS: I believe we are.
MR. GRIFFIN: Your Honor, one point on Your Honor's ruling. I don't know that they're getting into the financial stuff, but we do have proposed limiting instruction that we would ask the Court to give at the time they offer the evidence.
JUDGE NEWMAN: Yeah, thank you very much. And certainly upon request of the defense, the Court is required to give a limiting instruction.
MR. WATERS: And, Your Honor, with the scheduling, it will probably be late afternoon or tomorrow when we start to cross into some of those financial witnesses.
JUDGE NEWMAN: Have you viewed the defendant's proposed limiting instructions?
MR. WATERS: I'm looking at it right now, Your Honor.
(Break in proceedings.)
JUDGE NEWMAN: And, Mr. Griffin, you want me to give this after the testimony or before the testimony or --
MR. GRIFFIN: Before the testimony is offered, Your Honor, from a financial witness.
MR. WATERS: That's fine, Your Honor. I would just -- as to the specific language here, obviously it has -- the next to the last sentence it has it's being allowed and makes a specific representation by the State only refers to motive and identify. It's more of a 404 than a res gestae. I don't know that that sentence is necessary. The last sentence I think also has a typo in it, but I would -- generally, though, I have no problem with this charge, and I would have no problem with it beginning -- being given before such financial evidence is received.
JUDGE NEWMAN: You've indicated those witnesses will testify later today or tomorrow?
MR. WATERS: Probably not late today, but certainly tomorrow.
JUDGE NEWMAN: Okay. All right. Well, you have an opportunity to submit your own proposed limiting instruction, or to confer with defense counsel and see if you all agree.
MR. WATERS: Absolutely. We'll work on that, Your Honor.
JUDGE NEWMAN: Of course, the -- yeah. The question of res gestae and whether or not a limiting instruction is required for res gestae testimony.
MR. GRIFFIN: No, I understand, Your Honor. And I guess I understood the scope of the Court's ruling to be beyond res gestae, or gestae, and to include prior events that didn't -- that weren't -- he wasn't confronted about on June 7th. Now, if the Court's ruling is limited to the confrontation on June 7th about that transaction, then it would be res gestae.
JUDGE NEWMAN: It's not limited to June 7th. June 7th also includes res gestae.
MR. GRIFFIN: I understand.
JUDGE NEWMAN: But the ruling includes all evidence of financial crimes that may likely have led to a motive, or lend itself to motive for the crime committed, and that would be before or after.
MR. GRIFFIN: Yes, sir, I understand the Court's ruling. I will for the record when it is offered just make a formal objection to protect the record.
JUDGE NEWMAN: Yes, sir. I understand.
MR. GRIFFIN: Showing no disrespect to the Court.
JUDGE NEWMAN: I understand.
MR. GRIFFIN: Thank you.
JUDGE NEWMAN: Okay. Are we ready for the jury?
MR. WATERS: The State is ready proceed, Your Honor.
JUDGE NEWMAN: Bring them on.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: Thank you. Good morning. Right at noon. 11:58, it's still morning. We'll embark on day number eleven. Call your next witness.
MR. MEADORS: May it please the Court?
JUDGE NEWMAN: Yes, sir.
MR. MEADORS: The State of South Carolina will now call Ms. Mushelle Smith to the stand.
The witness, MUSHELLE SMITH, was first duly sworn and testified as follows:
COURT CLERK: Take a seat in the witness stand, state your name again, and spell your last name.
SHELLEY SMITH: Mushelle Shelley Smith.
DIRECT EXAMINATION
BY MR. MEADORS:
MR. MEADORS: Did you take a deep breath?
SHELLEY SMITH: Yes.
MR. MEADORS: What is your first name?
SHELLEY SMITH: Mushelle.
MR. MEADORS: Spell that, please.
SHELLEY SMITH: M-u-s-h-e-l-l-e.
MR. MEADORS: Where did you get that name from?
SHELLEY SMITH: My auntie named me.
MR. MEADORS: And where did she get that name from?
SHELLEY SMITH: I don't know.
MR. MEADORS: Is it Mushelle with a U?
SHELLEY SMITH: U, yes, correct.
MR. MEADORS: During the course of this, if you don't mind, is it okay if I call you Ms. Smith or Ms. Shelley, or Shelley? I really don't know what's going to come out of my mouth sometimes. Is that okay?
SHELLEY SMITH: That's okay.
MR. MEADORS: But do you go by Shelley?
SHELLEY SMITH: Yes.
MR. MEADORS: Please tell these folks, Ms. Smith, about Mushelle Smith, where you were born, where you were raised, please.
SHELLEY SMITH: Hampton, South Carolina.
MR. MEADORS: And, ma'am, if you don't mind just pulling this up a little bit and speaking into it.
SHELLEY SMITH: Okay.
MR. MEADORS: Thank you. Go ahead.
SHELLEY SMITH: I was born in Hampton County. I have four grown kids.
JUDGE NEWMAN: A little louder, Ms. Smith.
SHELLEY SMITH: I was born in Hampton County, four grown kids, six -- eight grands. And I work in the Hampton County District for the last twenty-eight years. Food service is my profession.
MR. MEADORS: And if you need to pull that chair up, I just want you to be comfortable. All right. You said you had four adult kids.
SHELLEY SMITH: Yes.
MR. MEADORS: Then you said six to eight grands?
SHELLEY SMITH: Eight grands.
MR. MEADORS: Okay, and raised where?
SHELLEY SMITH: Hampton, South Carolina.
MR. MEADORS: Okay. Where did you go to high school?
SHELLEY SMITH: Wade Hampton High School.
MR. MEADORS: And what did you do after high school, Ms. Smith?
SHELLEY SMITH: Got married, raised my kids, and that's been it. That's my profession. That's it.
MR. MEADORS: And that is the hardest profession, raising children?
SHELLEY SMITH: Yes.
MR. MEADORS: You had four kids.
SHELLEY SMITH: Four kids.
MR. MEADORS: And when you were raising them, you were raising them, taking care of the family.
SHELLEY SMITH: Yes, uh-huh.
MR. MEADORS: And are any of your family here today?
SHELLEY SMITH: Yes, my brother and my daughter.
MR. MEADORS: Who -- what's your brother's name?
SHELLEY SMITH: Michael Smith.
MR. MEADORS: Michael Smith, will you stand up?
MR. MEADORS: Is that your brother?
SHELLEY SMITH: Yes, that's my brother.
MR. MEADORS: And who else is here?
SHELLEY SMITH: My daughter, Roshelle.
MR. MEADORS: Ms. Roshelle, will you stand up? Thank you.
MR. MEADORS: They're here supporting you today?
SHELLEY SMITH: Yes.
MR. MEADORS: Don't take this the wrong way. Other than raising a family, which is the hardest job, were you doing anything else during that time period?
SHELLEY SMITH: Not until 1995. I started working at the school district.
MR. MEADORS: Okay. Did you work in your church while you were raising your family?
SHELLEY SMITH: Yes, I worked at church.
MR. MEADORS: Okay, and that's what I'm asking you. What did you do with your church while you were raising your family?
SHELLEY SMITH: Usher, kitchen ministry.
MR. MEADORS: Kitchen ministry?
SHELLEY SMITH: Uh-huh. Yes.
MR. MEADORS: And how long did you do that?
SHELLEY SMITH: All my life, church.
MR. MEADORS: Are you still doing that?
SHELLEY SMITH: Yes.
MR. MEADORS: And you don't have to name your church, but where is your church located?
SHELLEY SMITH: Fairfax, South Carolina.
MR. MEADORS: Okay. So, at some point after your children moved up in years or got older, did you start another profession?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay, and tell the ladies and gentlemen what that was, please, ma'am?
SHELLEY SMITH: Private home care.
MR. MEADORS: I'm sorry?
SHELLEY SMITH: Private home care, a caregiver.
MR. MEADORS: How did you get into that?
SHELLEY SMITH: My aunt.
MR. MEADORS: And was she in that business?
SHELLEY SMITH: Yes. She's a LPN, yes.
MR. MEADORS: An LPN?
SHELLEY SMITH: Yes.
MR. MEADORS: Licensed practical nurse.
SHELLEY SMITH: Yes.
MR. MEADORS: And when did you get in the home care business?
SHELLEY SMITH: Probably about ten or twelve years ago.
MR. MEADORS: All right. Now prior to that, had you already started with the school?
SHELLEY SMITH: Yes. I was still at the school also.
MR. MEADORS: Okay. Tell them when you started with the school.
SHELLEY SMITH: The school in 1995, it was -- that's correct, 1995.
MR. MEADORS: And what school did you start with?
SHELLEY SMITH: At North Central Middle School in Varnville, South Carolina.
MR. MEADORS: North Central Middle of Varnville.
SHELLEY SMITH: North Cental Middle School, yes.
MR. MEADORS: What did you do for them?
SHELLEY SMITH: Food service.
MR. MEADORS: And how long did you do that at that school?
SHELLEY SMITH: I've been there for nineteen years at North Central Middle School.
MR. MEADORS: After that, did you change --
SHELLEY SMITH: Yes.
MR. MEADORS: -- locations?
SHELLEY SMITH: Yeah. Six years later I went to Wade Hampton High School.
MR. MEADORS: And for those of us that don't know, where is that?
SHELLEY SMITH: Varnville, South Carolina.
MR. MEADORS: And you've been there six years?
SHELLEY SMITH: Oh, no. Six years at the Wade Hampton High School.
MR. MEADORS: So, total years in the school system is what?
SHELLEY SMITH: Twenty-eight years.
MR. MEADORS: And you're still there.
SHELLEY SMITH: Still there.
MR. MEADORS: So, you started home healthcare while you were still teaching school or still going to school.
SHELLEY SMITH: Going to school working in food service.
MR. MEADORS: And will you please tell them, you said your aunt got in the business. Were you working with one family at a time or did you have --
SHELLEY SMITH: Different families at a time, different families.
MR. MEADORS: And how long would you stay with the family once you became their caregiver?
SHELLEY SMITH: It all depends on how long. If they were deceased, I would move on to some other family.
MR. MEADORS: So, is it fair to say you stayed with the family until the person passed on?
SHELLEY SMITH: Passed on, that's correct.
MR. MEADORS: Okay, and then how did you get other jobs as far as -- in that care giving profession?
SHELLEY SMITH: My aunt always called me and said there was another job, and she would put me on that job.
MR. MEADORS: Okay. So, to give the jury an idea before we get to that case, your schedule would be what when -- you are still working at the school and a caregiver?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. So, what was your typical day like?
SHELLEY SMITH: My typical day, I leave at 7:30. I have to be at school at 8:00 that morning. I would stay there until a quarter til 2:00, make my deposit for the school, and then leave, be -- go to my next job.
MR. MEADORS: And can you tell this jury, Ms. Smith, how it came about that you started working for the Murdaughs?
SHELLEY SMITH: It was a job opening. I think one of the caregivers mentioned it to me, and I said yes, I will be interested in going. And that's how it started.
MR. MEADORS: Okay, and one of the caregivers mentioned your name. Do you know who that was?
SHELLEY SMITH: Yes, sir.
MR. MEADORS: Okay.
SHELLEY SMITH: Ms. Barbara Mixon.
MR. MEADORS: Ms. Barbara Mixon?
SHELLEY SMITH: Yes, sir.
MR. MEADORS: So, there was an opening. Your name got brought up.
SHELLEY SMITH: Yes.
MR. MEADORS: And can you tell these folks when that was? When did you start working for the Murdaugh family?
SHELLEY SMITH: It was October of 19 -- 2019.
MR. MEADORS: And what was your role as a caregiver specifically for the Murdaughs?
SHELLEY SMITH: Ms. Libby, Taking care of Ms. Libby, Ms. Libby.
MR. MEADORS: Was Mr. Randolph -- I knew him as Solicitor Randolph Murdaugh, but was Mr. Randolph, was he there living when you started there?
SHELLEY SMITH: Yes. He was, yes.
MR. MEADORS: And that's what we've referred to as Almeda?
SHELLEY SMITH: Yes. Almeda, yes.
MR. MEADORS: Who was -- what was your primary job as the caregiver? Were you there to take care of Solicitor -- or Mr. Randolph or was your primary job for Ms. Libby?
SHELLEY SMITH: Ms. Libby.
MR. MEADORS: Did you also ever tend to Mr. Randolph's --
SHELLEY SMITH: Every now and then, uh-huh.
MR. MEADORS: But your main focus was Ms. Libby.
SHELLEY SMITH: Ms. Libby, yes.
MR. MEADORS: From October 19th up until June 21st, Ms. Smith, and I want to be very delicate in this question, I think this affects everybody in the world, this jury and everybody, but did Ms. Libby's condition get worse?
SHELLEY SMITH: Yes.
MR. MEADORS: And was she suffering from something that affects all of our families, Alzheimer's?
SHELLEY SMITH: Yes.
MR. MEADORS: And that got worse from the time you started until June?
SHELLEY SMITH: Yes, uh-huh.
MR. MEADORS: Well, in June of 2021, how would you describe Ms. Libby's condition?
SHELLEY SMITH: Alzheimer's, you know, couldn't remember anything at times.
MR. MEADORS: In your opinion as her caregiver, was she aware of what was going on around her?
MR. MEADORS: All right. Specifically in June of 2021, Ms. Smith, or May/June of '21, tell these folks what your school schedule was and then your work schedule with the Murdaughs.
SHELLEY SMITH: Okay. My school schedule was 7:20 I would leave home, be at school at 8:00, and I leave there at 1:45. Go home -- make my deposit at the bank, go home, rest, come back to work at quarter to 8:00. I had to be there at 8:00 p.m. at night. I would stay all night and leave a quarter until 8:00 the next morning, leave there, and go back to the school.
MR. MEADORS: So, was that the shift you were working for the Murdaughs primarily?
SHELLEY SMITH: Yes.
MR. MEADORS: And 8:00 p.m. to 8:00 a.m. shift.
SHELLEY SMITH: Yes, uh-huh.
MR. MEADORS: When did you sleep after you went to school?
SHELLEY SMITH: Took little cat naps every now and then.
MR. MEADORS: But would you go home after you made your deposit?
SHELLEY SMITH: Yes.
MR. MEADORS: And you would rest?
SHELLEY SMITH: Yes, rest while I was home.
MR. MEADORS: And then did you have a change of clothes at the Murdaughs for when you went straight to school the next morning?
SHELLEY SMITH: Yes, uh-huh.
MR. MEADORS: Well, ma'am, I'd like to take you to June 7th of 2021, if you'll go back there. If we can take them back in your mind and take this jury back there right now, please, ma'am? Were you working as a caregiver for Ms. Libby Murdaugh on June 7th of 2021?
SHELLEY SMITH: Yes.
MR. MEADORS: Now, had Mr. Randolph -- again, I know him as solicitor, but had Mr. Randolph's condition worsened? Had he gotten -- was in the hospital -- was he there when you got there on June 7th?
SHELLEY SMITH: No, he was not.
MR. MEADORS: Okay. Do you know where he was?
SHELLEY SMITH: He was in the hospital.
MR. MEADORS: What time did you get to the Murdaughs', Ms. Libby's residence and Mr. Randolph's residence, on June 7th of 2021?
SHELLEY SMITH: Quarter 'til 8:00.
MR. MEADORS: Okay, and that's the time you were there.
SHELLEY SMITH: Yes.
MR. MEADORS: And you're never late, are you?
MR. MEADORS: Okay, and is somebody waiting to leave for you to get there?
SHELLEY SMITH: Yes.
MR. MEADORS: And this night who was there?
SHELLEY SMITH: Ms. Barbara Mixon, I'm thinking. I think it was Barbara.
JUDGE NEWMAN: Ms. Smith, I'm having trouble understanding your words. Can you speak maybe louder? I know you can't change your voice.
SHELLEY SMITH: Yes, sir.
JUDGE NEWMAN: But a little louder, please, or closer to the mic.
MR. MEADORS: Can you tell us what Ms. Libby -- when you got there on June 7th of 2021 shortly before 8:00, where was Ms. Libby?
SHELLEY SMITH: In the bed.
MR. MEADORS: And as a professional caregiver -- and this was what time of night?
SHELLEY SMITH: 8:00 at night.
MR. MEADORS: If one of your patients that you're taking care of is in the bed resting, do you like to disturb them?
MR. MEADORS: If they're sleeping, do you want to wake them up?
MR. MEADORS: So when you got there, was Ms. Libby in bed?
SHELLEY SMITH: She was in bed, yes.
MR. MEADORS: And do you get briefed by Ms. Mixon on what happened during the day, or do y'all exchange hey --
SHELLEY SMITH: You know, come in, you know, change her if she needs to be changed or whatever like that.
MR. MEADORS: Make sure that she's dry?
SHELLEY SMITH: She was dry, not wet, yes.
MR. MEADORS: And was your -- what's your position when you're there when -- you're in her room, Ms. Libby's room?
SHELLEY SMITH: Yes.
MR. MEADORS: Where do you -- where is your -- where do you sit when you're in the room? What do you do to help take of her?
SHELLEY SMITH: In the recliner. I have a recliner, sit there.
MR. MEADORS: And is there a TV in the room?
SHELLEY SMITH: Yes.
MR. MEADORS: And is the TV usually on when you're there with Ms. Libby in the evening or just --
SHELLEY SMITH: Yes.
MR. MEADORS: Was it on this night?
SHELLEY SMITH: It was on, yes.
MR. MEADORS: And do you remember what y'all were watching, or what was on TV?
SHELLEY SMITH: America Says. It's a game show.
MR. MEADORS: Say again?
SHELLEY SMITH: American Says, the game show.
MR. MEADORS: Okay. How long has that been on?
SHELLEY SMITH: It stays on, it's repeats. It's afterwards -- repeats itself.
MR. MEADORS: What channel is that on?
SHELLEY SMITH: The game network show.
MR. MEADORS: Okay.
SHELLEY SMITH: Channel, excuse me.
MR. MEADORS: At some point in the evening of June 7th of 2021, did you see Alex Murdaugh?
SHELLEY SMITH: Yes.
MR. MEADORS: Do you remember what time it was approximately?
SHELLEY SMITH: The game show was on, so it had to have been 8:30 or 9:30, somewhere in there.
MR. MEADORS: 8:30, 9:00, 9:30?
SHELLEY SMITH: It was somewhere in there.
MR. MEADORS: Is it fair to say it was later in the evening?
SHELLEY SMITH: It was later in the evening, yes.
MR. MEADORS: And you had worked that schedule for that 8:00 p.m. to 8:00 a.m. shift for how long?
SHELLEY SMITH: Two years.
MR. MEADORS: Two years.
SHELLEY SMITH: Two years.
MR. MEADORS: Was it unusual to see Alex Murdaugh at that residence that time of night?
SHELLEY SMITH: Yes. On my shift, yes.
MR. MEADORS: And that's the only shift you had worked.
SHELLEY SMITH: Yes.
MR. MEADORS: So, the 8:00 p.m. to the 8:00 a.m. shift, it was unusual to see Alex Murdaugh there visiting, correct?
SHELLEY SMITH: Correct, yes.
MR. MEADORS: Had he ever been over there before that time of night?
SHELLEY SMITH: I think different -- off and on. It all depends.
MR. MEADORS: When he got there, can you tell the jury what happened?
SHELLEY SMITH: He called the house and told me he was outside.
MR. MEADORS: Okay. He called the house.
SHELLEY SMITH: Uh-huh, yes.
MR. MEADORS: What phone did he call? That's a terrible question. I mean, was it your phone? The house phone? I'm not --
SHELLEY SMITH: The house phone.
MR. MEADORS: Okay, and when you answered the house phone, what did he say?
SHELLEY SMITH: He was outside, to let him in.
MR. MEADORS: He was outside the house?
SHELLEY SMITH: Yes.
MR. MEADORS: Right outside the house.
SHELLEY SMITH: Yes.
MR. MEADORS: And he called you.
SHELLEY SMITH: Yes.
MR. MEADORS: And he said let me in?
SHELLEY SMITH: Uh-huh, yes.
MR. MEADORS: And after he called you, how long did it take you to go open the door to let him in?
SHELLEY SMITH: Probably about 5 minutes.
MR. MEADORS: So, he was right there --
SHELLEY SMITH: Uh-huh.
MR. MEADORS: -- at the house.
SHELLEY SMITH: Yes.
MR. MEADORS: You let him in?
SHELLEY SMITH: Of course, yes.
MR. MEADORS: Okay. Do you remember what he was wearing?
SHELLEY SMITH: Shorts and a t-shirt.
MR. MEADORS: Okay. Do you remember what kind of shoes he had on?
SHELLEY SMITH: It was cloth shoes, like Sperrys, that type of material. Sperrys, that type of material, cloth shoes.
MR. MEADORS: Cloth shoes?
SHELLEY SMITH: Yes. Like cloth, yes.
MR. MEADORS: And you said something called Sperrys?
SHELLEY SMITH: Something like Sperrys, you know, that kind of -- but it was cloth.
MR. MEADORS: It wasn't boots.
SHELLEY SMITH: No. It wasn't boots, no.
MR. MEADORS: And are you familiar with tennis shoes?
SHELLEY SMITH: Yes.
MR. MEADORS: Was it tennis shoes?
SHELLEY SMITH: No, it wasn't tennis shoes.
MR. MEADORS: Cloth Sperry type shoes.
SHELLEY SMITH: Yes.
MR. MEADORS: Did he have any socks on?
MR. MEADORS: Tell the ladies and gentlemen of the jury, could you describe Alex Murdaugh's demeanor on June 7th when you were there with him and his mother, Libby? How was he acting?
SHELLEY SMITH: Like fidgety. Fidgety, like fidgety. Just normal.
JUDGE NEWMAN: What did you say, ma'am?
SHELLEY SMITH: Like, he was fidgeting.
JUDGE NEWMAN: Fidgeting.
MR. MEADORS: Fidgeting, is that what you're saying?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay, and did he tell you why he was there?
SHELLEY SMITH: No. He just came to see his mother.
MR. MEADORS: Okay. Did he talk to his mother?
SHELLEY SMITH: Uh-huh, but she was asleep, yes.
MR. MEADORS: She was asleep?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: Okay, and what did he do? What did Alex Murdaugh do when his mother was asleep?
SHELLEY SMITH: He came and sat on the bed, asked me what I was watching. I said America Says. It's a game show.
MR. MEADORS: Did he say anything to his mama?
SHELLEY SMITH: It was a hey, Mom, how are you doing, you know, just came to check up on you.
MR. MEADORS: Did he say why he'd come to check up on her?
SHELLEY SMITH: Because his daddy was in the hospital, you know. He called him Handsome, was in the hospital.
MR. MEADORS: And in your opinion as being there, her caregiver, did she even know that he was there?
MR. GRIFFIN: Objection, Your Honor.
JUDGE NEWMAN: The objection is overruled.
MR. MEADORS: You said no?
MR. MEADORS: How long did he stay in the room with y'all? And I say y'all. For the record you and Ms. Libby, I apologize.
SHELLEY SMITH: About fifteen or 20 minutes.
MR. MEADORS: Was he moving around the room?
SHELLEY SMITH: No. He was laying on the bed.
MR. MEADORS: Did he have his phone with him?
SHELLEY SMITH: Yes.
MR. MEADORS: Was he looking at his phone?
SHELLEY SMITH: Yes, he was on it.
MR. MEADORS: I'm sorry, ma'am, what?
SHELLEY SMITH: Yes, uh-huh.
MR. MEADORS: After that initial conversation, you said he said I'm here?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: Did he have any other -- or attempt to have any other conversation with Ms. Libby?
MR. MEADORS: Okay. Did he ever hold her hand?
SHELLEY SMITH: Yes, he did hold her hand.
MR. MEADORS: He did hold her hand?
SHELLEY SMITH: Yes.
MR. MEADORS: Did he talk to her?
SHELLEY SMITH: Yeah. She was in the bed, yeah.
MR. MEADORS: And her condition then was what?
SHELLEY SMITH: She was asleep off and on, asleep.
MR. MEADORS: How long did he stay there?
MR. GRIFFIN: Objection, asked and answered.
MR. MEADORS: I forgot.
SHELLEY SMITH: 20 minutes.
MR. MEADORS: Okay. 20 minutes.
SHELLEY SMITH: Uh-huh, about 20 minutes.
MR. MEADORS: Okay. What happened after that?
SHELLEY SMITH: He left, uh-huh.
MR. MEADORS: Your shift ended when?
SHELLEY SMITH: 8:00 the next morning.
MR. MEADORS: At some point after that, did you get a call from Ms. Mixon?
SHELLEY SMITH: Yes.
MR. MEADORS: Did you learn what had happened at Moselle?
SHELLEY SMITH: Yes, uh-huh.
MR. MEADORS: At some point after that, did you get a phone call from a family member? I really don't know who it was, but did you --
SHELLEY SMITH: Yes.
MR. MEADORS: Do you remember who it was?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. Who was it?
SHELLEY SMITH: It was Randy.
MR. MEADORS: Randy Murdaugh.
SHELLEY SMITH: Randy Murdaugh, yes.
MR. MEADORS: Alex Murdaugh's brother.
SHELLEY SMITH: Yes.
MR. MEADORS: And as a result of that, what was -- were you expecting people to come over after that?
MR. MEADORS: After that phone call, were you expecting people to come spend the night that night?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. Who? Who was going to come over?
SHELLEY SMITH: Randy told me John Marvin, Buster and his girlfriend, and Alex.
MR. MEADORS: John Marvin?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: Buster and his girlfriend?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: And Alex?
SHELLEY SMITH: Yes.
MR. MEADORS: And did you, in fact, see them later on that night, or that morning, the next morning? I'm sorry. Did they come to Almeda after you had gotten a call from Mr. Randy saying they were coming? Did they come?
SHELLEY SMITH: Yes. They came, yes.
MR. MEADORS: Okay, and at some point later on that morning, did you see Alex Murdaugh again? Did you see him again that morning?
SHELLEY SMITH: No, nuh-uh.
MR. MEADORS: Did he ever come looking for glasses?
SHELLEY SMITH: That morning. That night he was in there in glasses. He said he couldn't sleep.
MR. MEADORS: And Mr. Randolph, or Solicitor Randolph, died shortly -- a couple of days after that?
SHELLEY SMITH: Yes.
MR. MEADORS: Now, you were working the 8:00 p.m. to 8:00 a.m. shift. Were you asked to work more after this to get the family through this? Were you asked to help more at the house?
SHELLEY SMITH: Yes, uh-huh.
MR. MEADORS: And were you happy to do that?
SHELLEY SMITH: Of course.
MR. MEADORS: Do you remember the day of Mr. -- Solicitor -- I'm going to call him Solicitor. That's the way I know him, Solicitor Randolph's funeral?
SHELLEY SMITH: Yes, uh-huh.
MR. MEADORS: And I've been reading through all of this stuff here. What is it, a repast?
SHELLEY SMITH: A repast is where everybody come back after the funeral and eat.
MR. MEADORS: Everybody comes back and eats?
SHELLEY SMITH: Yes.
MR. MEADORS: Well, after the funeral, did people come to Almeda sort of like a visitation after a funeral?
SHELLEY SMITH: Yes.
MR. MEADORS: Did folks come over there then?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay, and was the family there then?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay, and during this repast visitation, where were you? What -- and actually, what was your job during that, or what were you doing during the visitation?
SHELLEY SMITH: I was in the room with Ms. Libby. We was back and forth.
MR. MEADORS: At some time that afternoon, did you see Alex Murdaugh?
SHELLEY SMITH: Yes.
MR. MEADORS: Tell the jury about that, please.
SHELLEY SMITH: He came in the room, you know.
MR. MEADORS: You need to speak up, please, ma'am.
SHELLEY SMITH: Came in the room and speak, you know, spoke like he always do.
MR. MEADORS: Okay, and what did he tell you?
SHELLEY SMITH: That he was sitting at the house. He was at the house.
MR. MEADORS: Say it again.
SHELLEY SMITH: He was at the house.
MR. MEADORS: And I'm not 100 percent following you. He was telling you or saying to you he was at the house?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: When?
SHELLEY SMITH: On the night of the murders.
MR. MEADORS: The night of the murders?
SHELLEY SMITH: Yes.
MR. MEADORS: What was he telling you that he was at the house the night of the murders?
SHELLEY SMITH: That he'd been there 30 or 40 minutes.
MR. MEADORS: Was he telling you that? Did he ask you anything about that when he was talking to you?
SHELLEY SMITH: Yes.
MR. MEADORS: Did he indicate to you what he wanted you to do with that information?
SHELLEY SMITH: No, nuh-uh. No.
MR. MEADORS: What did he say?
SHELLEY SMITH: He just said that he was at the house for 30 or 40 minutes, and that's it.
MR. MEADORS: You said what? Was he there 30 or 40 minutes that night?
SHELLEY SMITH: Not that I recall.
MR. MEADORS: Why are you crying, Ms. Smith?
SHELLEY SMITH: Because it was a good family and I loved working there, and I'm sorry all of this happened. They're good people.
MR. MEADORS: But he wasn't there no 30 or 40 minutes, was he?
MR. GRIFFIN: Objection, Your Honor. Leading.
JUDGE NEWMAN: You can't lead the witness.
MR. MEADORS: Did that conversation upset you?
SHELLEY SMITH: Somewhat.
MR. MEADORS: Are you upset right now?
SHELLEY SMITH: Yes.
MR. MEADORS: Did you call anybody about it?
SHELLEY SMITH: My brother.
MR. MEADORS: You called your brother after that conversation with Alex.
SHELLEY SMITH: Yes.
MR. MEADORS: To tell him about that conversation.
SHELLEY SMITH: Yes.
MR. MEADORS: And just to be clear, what was the statement he said about how long he was here?
SHELLEY SMITH: 30 to 40 minutes.
MR. MEADORS: But his phrase was I was here or, you know, I was --
SHELLEY SMITH: I was here 30 to 40 minutes.
MR. MEADORS: Not to pry, but I can't help it sometimes. What else was going on in your life right then?
SHELLEY SMITH: Just working hours and hours.
JUDGE NEWMAN: Ma'am, you really -- you're whispering. I can't understand what you're saying.
MR. MEADORS: Were you going to get married?
SHELLEY SMITH: I was. I was planning on getting married. I was planning to.
MR. MEADORS: And had Alex Murdaugh mentioned anything to you about your upcoming nuptials?
SHELLEY SMITH: Yes.
MR. MEADORS: And when was that?
SHELLEY SMITH: It was the day afterwards, I'm thinking.
MR. MEADORS: The day after this --
SHELLEY SMITH: I think it was.
MR. MEADORS: After the conversation you just said?
SHELLEY SMITH: Yes.
MR. MEADORS: Where were you?
SHELLEY SMITH: At Ms. Libby's, at the house.
MR. MEADORS: And what did he say about your marriage, or upcoming potential marriage?
SHELLEY SMITH: I heard you was getting married. I said yes. He said if I can -- he said let me know because a wedding is going to be expensive. And I said thank you.
MR. MEADORS: The wedding is going to be expensive?
SHELLEY SMITH: He said the wedding is going to be expensive. And I said, well, thank you.
MR. MEADORS: Did he offer to help?
SHELLEY SMITH: Yes, he offered to help. That's the type of person -- a good person.
MR. MEADORS: And did he ever mentioned the wedding to you before?
MR. MEADORS: Had you mentioned that to him before?
SHELLEY SMITH: No, nuh-uh.
MR. MEADORS: Did he have a conversation, anything else about your job? Were you working at the school?
SHELLEY SMITH: Yes. At the school, yes.
MR. MEADORS: Did Mr. Murdaugh mention to you about your school and your position there?
SHELLEY SMITH: Yes.
MR. MEADORS: Tell them what he said, please.
SHELLEY SMITH: He said that, you know, if you need a position at school, you know, my good friend is there. And I said yeah, I know him. Worked at the school, the principal.
MR. MEADORS: I believe you testified you -- did you help out more than just your regular shift the rest of this week --
SHELLEY SMITH: Yes.
MR. MEADORS: -- that week after the --
SHELLEY SMITH: Yes, Uh-huh.
MR. MEADORS: -- the murders and Solicitor Murdaugh's death? Were you working full-time then trying to help?
SHELLEY SMITH: Yes.
MR. MEADORS: Was school out then?
MR. MEADORS: So, were you still going to school and helping?
SHELLEY SMITH: Yes.
MR. MEADORS: And after Mr. Randolph's funeral, did you have an occasion to see Alex Murdaugh early one morning?
SHELLEY SMITH: Yes.
MR. MEADORS: Do you know how long it was, how many days after the funeral of Mr. Murdaugh?
SHELLEY SMITH: Three days.
MR. MEADORS: Can you tell the ladies and gentlemen of this jury what time it was in the morning that you saw Alex Murdaugh?
SHELLEY SMITH: 6:30 that morning.
MR. MEADORS: Say that again.
SHELLEY SMITH: 6:30 that morning.
MR. MEADORS: And that had been a part of your regular shift, right, 8:00 to 8:00 a.m.
SHELLEY SMITH: Yes.
MR. MEADORS: And did he call you and tell you he was coming?
MR. MEADORS: He didn't?
SHELLEY SMITH: Nuh-uh.
MR. MEADORS: Okay. Well, how did he -- had he called you on June 7th and told you he was coming?
SHELLEY SMITH: Yes.
MR. MEADORS: And he was right outside the house.
SHELLEY SMITH: Yes.
MR. MEADORS: And this morning at 6:30, he did not call you?
MR. MEADORS: How did you know he was on the premises?
SHELLEY SMITH: He knocked on by the -- by the bedroom window.
MR. MEADORS: (Knocks on the bench.) Knocked?
SHELLEY SMITH: Yes, on the wall.
MR. MEADORS: Well, did you hear him say anything after that?
SHELLEY SMITH: He said I'm outside.
MR. MEADORS: Say it again.
SHELLEY SMITH: I'm outside.
MR. MEADORS: All right. Had he ever been there at 6:30 in the morning while you were working there?
SHELLEY SMITH: No, sir.
MR. MEADORS: Never.
SHELLEY SMITH: No, nuh-uh.
MR. MEADORS: And tell the ladies and gentlemen of the jury what you observed that morning when you saw Alex Murdaugh.
SHELLEY SMITH: He came in the white truck, came in the white truck.
MR. MEADORS: Were there still funeral -- stuff is the word -- was there still funeral equipment in the yard?
SHELLEY SMITH: Uh-huh, yes.
MR. MEADORS: Like what?
SHELLEY SMITH: The tent was still there, and the big old building that they put the food in out there.
MR. MEADORS: Like a food truck?
SHELLEY SMITH: Yeah, a food truck, yes, sir.
MR. MEADORS: And was that blocking your view some?
SHELLEY SMITH: Yes. It blocked my view, yes.
MR. MEADORS: So, when you saw Alex Murdaugh this morning at 6:30, what did he do after he knocked on the door? Did you let him in?
SHELLEY SMITH: Yes.
MR. MEADORS: And then what did he do?
SHELLEY SMITH: Came inside.
MR. MEADORS: Was Ms. Libby sleeping?
SHELLEY SMITH: Yeah, she was still sleeping.
MR. MEADORS: Okay. Did he go check on Ms. Libby?
MR. MEADORS: He didn't go check on her?
SHELLEY SMITH: I can't remember.
MR. MEADORS: Well, what did you do then?
SHELLEY SMITH: He came inside, uh-huh.
MR. MEADORS: Okay. Did he have anything, or was he holding anything?
SHELLEY SMITH: He had a blue something in his hand.
MR. MEADORS: Say that one more time, please?
SHELLEY SMITH: A blue tarp, a blue something in his hand, something blue.
MR. MEADORS: A blue something in his hand?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: And can you show me how he was holding it?
SHELLEY SMITH: Like this.
MR. MEADORS: Is it all right if I touch you?
SHELLEY SMITH: That's fine.
MR. MEADORS: How was he doing --
SHELLEY SMITH: Like this.
MR. MEADORS: Holding something like this?
SHELLEY SMITH: Yes.
MR. MEADORS: And what did it look like?
SHELLEY SMITH: A blue tarp, like a tarp.
MR. MEADORS: Blue?
SHELLEY SMITH: Blue.
MR. MEADORS: Was it vinyl?
SHELLEY SMITH: It was like a tarp that they put on a car to keep your car covered up.
MR. MEADORS: Big thing.
SHELLEY SMITH: Yeah, blue.
MR. MEADORS: Was he holding it like this?
SHELLEY SMITH: He was holding it like this.
MR. MEADORS: Could you tell if there was anything in it or do you know?
SHELLEY SMITH: No, I couldn't tell.
MR. MEADORS: But holding it, go like this?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: Did he say anything when he walked in?
MR. MEADORS: Okay. What did he do when he walked in?
SHELLEY SMITH: Went upstairs.
MR. MEADORS: All right.
MR. MEADORS: Beg the Court's indulgence.
(Break in proceedings.)
MR. MEADORS: Your Honor, State's 220 -- 230 -- 223, 222, 413, 412 at this time without objection. I saved the other pictures.
MR. GRIFFIN: That's correct. No objection, Your Honor.
JUDGE NEWMAN: They're admitted without objection.
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 222 WAS RECEIVED INTO EVIDENCE.)
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 223 WAS RECEIVED INTO EVIDENCE.)
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 412 WAS RECEIVED INTO EVIDENCE.)
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 413 WAS RECEIVED INTO EVIDENCE.)
MR. MEADORS: You testified that Mr. Murdaugh came into your Almeda residence that morning. This is State's 223,. Do you recognize that?
SHELLEY SMITH: Yes.
MR. MEADORS: What is that?
SHELLEY SMITH: Upstairs, going upstairs.
MR. MEADORS: And is that where he went, Alex Murdaugh, that morning?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. Carrying some blue thing?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: And this may be a duplicate. If it is, I'm sorry. That's 222. Same stairs, same house?
SHELLEY SMITH: Yes.
MR. MEADORS: All right. State's 413, what is this?
SHELLEY SMITH: That's the bedroom.
MR. MEADORS: Okay. Where in Almeda is this bedroom? First floor? Second floor?
SHELLEY SMITH: First floor.
MR. MEADORS: Is this where Ms. Libby stayed?
SHELLEY SMITH: No, nuh-uh.
MR. MEADORS: And 412. Is that the same --
SHELLEY SMITH: Yes. Same bedroom, yes.
MR. MEADORS: I'm going to show you marked -- what's marked 411. Don't call out the answer. This is State's 411 for identification at this point. Do you see the blue object in the center?
SHELLEY SMITH: Yes.
MR. MEADORS: Does that appear to look like the object you've described?
SHELLEY SMITH: Yes.
MR. MEADORS: You're saying yes?
SHELLEY SMITH: Yes.
MR. MEADORS: Is it blue?
SHELLEY SMITH: It's blue.
MR. MEADORS: Is it vinyl?
SHELLEY SMITH: Yes.
MR. MEADORS: That appears to be the same thing you saw the defendant holding this early morning hours when he came in the house. Is that correct?
SHELLEY SMITH: It looks so, yes.
MR. MEADORS: Okay.
MR. MEADORS: Your Honor, this is State's 411 we would offer at this point.
MR. GRIFFIN: No objection.
JUDGE NEWMAN: It's admitted.
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 411 WAS RECEIVED INTO EVIDENCE.)
MR. MEADORS: Let me -- I just don't know how to ask it except ask it. Did you ever see that blue thing unfolded when you were there that morning or you saw him carrying it?
SHELLEY SMITH: It was unfolded.
MR. MEADORS: Okay, and where did you see it?
SHELLEY SMITH: In the bedroom.
MR. MEADORS: And where in the bedroom?
SHELLEY SMITH: On the chair.
MR. MEADORS: And again I'm not clear. Was that in one of these pictures we showed you? What chair? Was that on one of these chairs in this?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay, and I'm referring again to 412. You saw it on the chair?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. Did you -- you end up leaving at some point that day, right?
SHELLEY SMITH: Yes.
MR. MEADORS: When you came back the next day, was that there?
SHELLEY SMITH: No, it wasn't.
MR. MEADORS: It was gone.
SHELLEY SMITH: Yes, it was gone.
MR. MEADORS: And did you see Alex Murdaugh leave after he went upstairs? Do you know what he did upstairs?
SHELLEY SMITH: No, I don't -- no.
MR. MEADORS: Did you actually see him leave the house after he went upstairs?
SHELLEY SMITH: Yes.
MR. MEADORS: And where did he go?
SHELLEY SMITH: I don't know. He just went outside and left.
MR. MEADORS: Did he say hey, I'm leaving?
SHELLEY SMITH: Yeah. He said I'm going, yes.
MR. MEADORS: And at that point, what did you think? Did you think he'd gone?
SHELLEY SMITH: I thought he left, yes.
MR. MEADORS: Did you see him after that?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. Tell them where, please, that morning.
SHELLEY SMITH: He came back to the house.
MR. MEADORS: Okay, and how do you know that?
SHELLEY SMITH: Because the blind was open and I seen him came through the driveway.
MR. MEADORS: Okay, and what did you see him -- was he walking? Was he driving when you saw him in the driveway?
SHELLEY SMITH: He was driving the truck.
MR. MEADORS: Okay, and I'm sorry, Ms. Smith, what truck was he driving?
SHELLEY SMITH: The white truck.
MR. MEADORS: Whose white truck was that?
SHELLEY SMITH: I'm thinking it was Mr. Randolph. I thought it was his truck. He had a white truck also.
MR. MEADORS: He had a white truck also.
SHELLEY SMITH: Uh-huh.
MR. MEADORS: So when you saw him, you testified, Mr. Murdaugh coming back in a white truck, that was Mr. Randolph's truck?
SHELLEY SMITH: Uh-huh.
MR. GRIFFIN: Objection, Your Honor. Leading.
MR. MEADORS: Whose truck was it?
SHELLEY SMITH: I don't know.
JUDGE NEWMAN: Ma'am, you must use words as opposed to nuh-uh, uh-uh, or -- because we need to know exactly what you're saying. Say yes or no if you can.
MR. MEADORS: Whose truck did you think it was?
SHELLEY SMITH: I thought it was Mr. Randolph's truck.
MR. MEADORS: Okay, and were there four wheelers or ATV's out on that property?
SHELLEY SMITH: Yes.
MR. MEADORS: What, if anything, had you observed about a four wheeler that morning?
SHELLEY SMITH: It was at the house.
MR. MEADORS: Okay. Where had it been previously?
SHELLEY SMITH: At the smoke house.
MR. MEADORS: Okay. When did it get moved?
SHELLEY SMITH: The same day of that -- the same morning.
MR. MEADORS: Okay. Same morning when Mr. Murdaugh was there?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay, and what direction did you see Mr. Murdaugh leave? When you saw him leave the house and you thought he was gone --
SHELLEY SMITH: Uh-huh.
MR. MEADORS: -- do you know where he went?
MR. MEADORS: And when he came back in this white truck, what did he do?
SHELLEY SMITH: He got in the other truck.
MR. MEADORS: Okay. How long was he gone?
SHELLEY SMITH: Probably about 10 minutes or 15 minutes, I'm thinking.
MR. MEADORS: And then you say this other truck, what truck are you talking about?
SHELLEY SMITH: The black truck.
MR. MEADORS: Had you not seen that before?
MR. MEADORS: Why not?
SHELLEY SMITH: Because the food truck, the catering thing was with -- still out there in the way, so I couldn't see it.
MR. MEADORS: So, that blocked your view?
SHELLEY SMITH: It blocked my view, yes.
MR. MEADORS: So, what vehicle did Mr. Murdaugh leave after he came back in the white truck, what color truck?
SHELLEY SMITH: It was a black truck.
MR. MEADORS: Do you know whose that was?
MR. MEADORS: Okay. That morning, this morning when you first saw him at 6:30, did you observe anything about his face, any -- on his face?
SHELLEY SMITH: He had like a little cut, or like a little bruise, cut or something.
MR. MEADORS: And ma'am, I apologize, a little what cut?
SHELLEY SMITH: Like a little bruise or something.
MR. MEADORS: Where was it?
SHELLEY SMITH: It was, like, above his forehead.
MR. MEADORS: And I won't ask you to touch me, but can you touch yourself to show where?
SHELLEY SMITH: Like right here.
MR. MEADORS: Did it look fresh?
SHELLEY SMITH: It just look like a cut. I wouldn't say fresh but it looked --
MR. MEADORS: Was there a video system in the house for either Solicitor Murdaugh or Ms. Libby Murdaugh?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. Can you tell them about that? Where was that and what was that for?
SHELLEY SMITH: It's in Ms. Libby's bedroom.
MR. MEADORS: Okay, and how was that activated, or operated is better. Do you know?
SHELLEY SMITH: No, I don't.
MR. MEADORS: Okay, but was it on all the time or not?
SHELLEY SMITH: Yes.
MR. MEADORS: And what color would it be if it was on? Was there a marker, or a red and black, or red and green?
SHELLEY SMITH: When in service, yes.
MR. MEADORS: And would there be times when that wasn't on?
SHELLEY SMITH: Yes.
MR. MEADORS: And do you know who controlled it?
MR. MEADORS: I'm going to show you what's marked 410. Do you recognize this?
SHELLEY SMITH: Yes.
MR. MEADORS: And does it relate to what we're talking about this morning as far as your location?
SHELLEY SMITH: Yes.
MR. MEADORS: Your Honor, 410, I believe without objection.
MR. GRIFFIN: You said as it relates?
MR. MEADORS: To her testimony and where she was that morning.
MR. GRIFFIN: Okay. No objection.
JUDGE NEWMAN: It's admitted.
MR. MEADORS: I thought I just said that.
JUDGE NEWMAN: Without objection. It's admitted.
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 410 WAS RECEIVED INTO EVIDENCE.)
MR. MEADORS: Can you see this on your little -- have you got a thing up there?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: Do you mind coming down here?
MR. MEADORS: Judge, can she come down here?
JUDGE NEWMAN: Yes.
MR. MEADORS: Very briefly. It won't be long.
MR. MEADORS: And if you would, stand over there so we won't block the jury, please. Is this a picture of what we refer to as Almeda?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay, and can you show where the -- I guess I would call it the main house. And, I'm sorry, we don't have a pointer. That is the main house?
SHELLEY SMITH: Uh-huh.
MR. MEADORS: And you'll have to say yes for the record, please, ma'am.
SHELLEY SMITH: Yes.
MR. MEADORS: And down here, I know it's hard to see, can you tell what that is? Can you point to the main house again? I think it blocks the jurors, I apologize. Is that where you took care of Ms. Libby?
SHELLEY SMITH: Yes.
MR. MEADORS: Now down here, and there's even a little O on it, do you know what this is down here? Let me ask you this. What other buildings are on the property?
SHELLEY SMITH: The smoke house and a barn and a little shed.
MR. MEADORS: Okay, and where were the ATVs usually?
SHELLEY SMITH: At the smoke house.
MR. MEADORS: Where is the smoke house?
SHELLEY SMITH: That's it.
MR. MEADORS: There you go, that's the smoke house.
SHELLEY SMITH: Uh-huh.
MR. MEADORS: And that's where the ATV was.
SHELLEY SMITH: Yes.
MR. MEADORS: And where did the ATV end up when you saw it after you thought Mr. Murdaugh left? Had it moved?
SHELLEY SMITH: At the main house.
MR. MEADORS: Say that again, please, ma'am.
SHELLEY SMITH: At the main house.
MR. MEADORS: Okay, and when you saw him coming back, you thought he'd left, where did you see him in the white truck? Do you remember?
SHELLEY SMITH: He left going across the railroad track.
MR. MEADORS: Speak up a little bit so the Judge and the court -- please.
SHELLEY SMITH: He left and went across the railroad track.
MR. MEADORS: Which way are the railroad tracks?
SHELLEY SMITH: This way. I mean, that's the house, so it had to be -- drive through.
MR. MEADORS: You're not really saying anything but speak up. I didn't mean to fussing. That's good. You can go back and sit down. That's fine, thank you.
(Break in proceedings.)
MR. MEADORS: Now, have you talked with either Mr. Griffin or Mr. Harpootlian or one of their investigators?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. When was that? The best you can remember. I'm not looking for a date and time, but do you know how long ago?
SHELLEY SMITH: It was last year.
MR. MEADORS: Okay, and I met with you a couple of weeks ago?
SHELLEY SMITH: Yes.
MR. MEADORS: And just a little while ago this morning.
SHELLEY SMITH: Yes.
MR. MEADORS: And I have to ask you for the record. Is this Alex Murdaugh who came and saw you the night of the murders with the shorts and the shirt and the Sperry type loafers on? Is that him over there?
SHELLEY SMITH: Yes, sir.
MR. MEADORS: Okay, and is he also the person that you said told you he had been there 30 or 40 minutes?
SHELLEY SMITH: Yes.
MR. MEADORS: And is he also the person you saw in the house that night with some kind of blue vinyl that you said is consistent with this picture that we put in? Is that him?
SHELLEY SMITH: Yes.
MR. MEADORS: Thank you. That's all.
JUDGE NEWMAN: By the defense?
MR. GRIFFIN: Thank you, Your Honor.
CROSS-EXAMINATION
BY MR. GRIFFIN:
MR. GRIFFIN: Good afternoon, Ms. Smith.
SHELLEY SMITH: Good afternoon.
MR. GRIFFIN: We have met once or twice. Did anyone ever show you a blue rain jacket?
SHELLEY SMITH: Yes, I think so. Yes.
MR. GRIFFIN: Now, some of our investigators showed you a picture of a blue rain jacket, correct?
SHELLEY SMITH: Yeah. A picture of one, yes.
MR. GRIFFIN: But has anyone at SLED or the Attorney General's Office ever shown you a blue rain jacket?
MR. GRIFFIN: Now, you saw Mr. Alex Murdaugh bring a tarp in, you said, right?
SHELLEY SMITH: Yes.
(BLUE TARP MARKED AS DEFENDANT'S EXHIBIT NUMBER 86 FOR IDENTIFICATION.)
MR. GRIFFIN: And I'm going to show you a tarp.
MR. GRIFFIN: Which we have marked for identification purposes, Your Honor, as Exhibit 86.
MR. GRIFFIN: Is this the type of tarp that Mr. Murdaugh came into the Almeda house on the day that we're talking about?
SHELLEY SMITH: Yes.
MR. GRIFFIN: A tarp like this that would maybe cover up a car. Is that right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Any way to confuse this with a rain jacket?
MR. GRIFFIN: He was not carrying a rain jacket, was he?
SHELLEY SMITH: No. It was balled up. I don't know.
MR. GRIFFIN: And you said it was balled up, and it was balled in such a manner it did not look like there was a shovel handle, a gun, or anything. It was just balled up. Is that right?
SHELLEY SMITH: That's correct.
MR. GRIFFIN: Have I balled it up sort of correctly?
SHELLEY SMITH: Yes.
MR. GRIFFIN: All right.
MR. MEADORS: Your Honor, we have no objection to that going in.
MR. GRIFFIN: Your Honor, I would move Exhibit 86, I think, into evidence.
JUDGE NEWMAN: It's admitted without objection.
(BLUE TARP MARKED AS DEFENDANT'S EXHIBIT NUMBER 86 WAS RECEIVED INTO EVIDENCE.)
MR. GRIFFIN: Now, when Alex left that day, this was laid out on Ms. Libby's retirement rocking chair, wasn't it?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And you had -- and when you left the end of your shift that day, that's where it was, right?
SHELLEY SMITH: Uh-huh. Yes.
MR. GRIFFIN: And you have never seen it since, correct?
SHELLEY SMITH: Correct.
MR. GRIFFIN: Now, they showed you a picture, which is in evidence. Do you even know where that picture was taken in the house?
MR. GRIFFIN: Can you see that, Ms. Smith?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Do you know where that is in -- or even if it's in Ms. Libby's house?
SHELLEY SMITH: I couldn't say because. I don't go in the closets.
MR. GRIFFIN: So, you don't even recognize the closet. Is that right?
SHELLEY SMITH: Correct.
MR. GRIFFIN: And have you ever been upstairs in Ms. Libby's house?
SHELLEY SMITH: Twice.
MR. GRIFFIN: Two times? Over how many years?
SHELLEY SMITH: Three years.
MR. GRIFFIN: Two times in three years. And do you know where Alex Murdaugh went when he went upstairs on the day that he brought a blue tarp in the house?
MR. GRIFFIN: Okay. Now, you mentioned that this day that he came over was about three days after Mr. Randolph Murdaugh's funeral. Is that right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Okay, and it was early in the morning?
SHELLEY SMITH: Yes.
MR. GRIFFIN: So -- and do you remember that -- Mr. Randolph's funeral being on a Sunday?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Then it would be Monday, Tuesday, Wednesday of that week. Is that right?
SHELLEY SMITH: Yes, that's correct.
MR. GRIFFIN: And is that the morning that you said that you thought you saw a bruise on his forehead?
SHELLEY SMITH: Yes.
MR. GRIFFIN: So, it was Wednesday with -- after Mr. Randolph's funeral?
SHELLEY SMITH: I'm thinking -- I can't remember. It was so long I can't remember.
MR. GRIFFIN: Yes, ma'am. And the -- and you mentioned that there was -- that he came in a truck. I think you said that he drove up in a white truck.
SHELLEY SMITH: Uh-huh.
MR. GRIFFIN: Is that correct?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And he does have a white truck as far as you know, right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And then you said he left in a white truck, and are you sure that it was Mr. Randolph's truck or Mr. Alex's truck that he left in?
SHELLEY SMITH: Because it was moved. Mr. Randolph had always keep his truck in a certain position, certain part.
MR. GRIFFIN: So, you think he left in Mr. Randolph's truck and moved it.
SHELLEY SMITH: Yes.
MR. GRIFFIN: Okay, and when he came back -- excuse me, when he left that morning, I guess Wednesday we're talking about, the -- was Mr. Randolph's truck back in the driveway?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Parked in its normal place?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Anything out of sort?
MR. GRIFFIN: Was it all covered up with mud, like someone had been mudding in it?
MR. GRIFFIN: Anything unusual about the truck?
MR. GRIFFIN: Okay. Now, you mentioned there was a four wheeler that had been moved at some point in time. That four wheeler had a flat tire, didn't it?
SHELLEY SMITH: Yes, it did.
MR. GRIFFIN: And was it a front tire or back tire?
SHELLEY SMITH: I think it was a back tire.
MR. GRIFFIN: And it was moved up close to the house?
SHELLEY SMITH: Yes.
MR. GRIFFIN: As far as you know so the tire could be repaired?
SHELLEY SMITH: Yes. It was moved from the smoke house to the regular house, yes.
MR. GRIFFIN: With a flat tire.
SHELLEY SMITH: Yes, with a flat tire.
MR. GRIFFIN: Now, you were asked questions about the day of Mr. Randolph's funeral, and you had a conversation with Alex, and he was talking to you about how long he was over at the house on the night of June the 7th, right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And he said he was there 30 or 40 minutes.
SHELLEY SMITH: Yes.
MR. GRIFFIN: And you said no, I don't think it was that long.
SHELLEY SMITH: Yes.
MR. GRIFFIN: And then the next day, I think you said, or day after, or the following day, or -- I guess that would have been a Monday, you had another conversation with him where he just brought up the fact that you were going to get married. I think you said that was a different day, right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And he was just being nice, wasn't he?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And I think you used the word good person?
SHELLEY SMITH: Good person, yes.
MR. GRIFFIN: Who were you referring to when you testified in response to the question by Mr. Meadors that someone is a good person?
SHELLEY SMITH: Mr. Alex Murdaugh.
MR. GRIFFIN: Okay. Now, he came over on the night of June the 7th, and you said it was somewhere between 8:30 and 9:30 in the evening?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And that's just your best estimate of when he got there. Is that right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And I think you testified that he was there in your estimation 15 to 20 minutes?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And when you said 15 to 20 minutes, are you talking about 15 to 20 minutes in the room with Ms. Libby or on the property the whole time?
SHELLEY SMITH: On the property the whole time, I think.
MR. GRIFFIN: Okay. Well, now you've said it took you about 5 minutes to let him in. Is that right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: So, are you including the 5 minutes it took you to let him in in your 15 to 20, or could he have been on the property 20 minutes?
SHELLEY SMITH: 20 minutes, not 30 minutes, the whole time, sir.
MR. GRIFFIN: And you would agree that Alex Murdaugh would visit his parents frequently, right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And he would always come over more so than any other sibling. Is that right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And you would agree it was not out of the ordinary for Alex to come at night, correct?
SHELLEY SMITH: Yes.
MR. GRIFFIN: You would agree with that, right?
MR. GRIFFIN: So, you don't agree that it was -- is it -- was it out of the ordinary for him to come at night?
SHELLEY SMITH: Yes. On my shift, yes.
MR. GRIFFIN: Well, do you recall being interviewed, it would be a telephone interview on June 17, 2021, with Agent Jo Albayalde? Do you remember that?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And do you remember telling him that it was not out of the ordinary for Alex to come at night?
SHELLEY SMITH: It's been a long time. I can't really remember. It's been a year now, so I can't really remember.
MR. GRIFFIN: I mean, is it possible that you told him that?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And here today you said, as I have in my notes, when he came over that he was acting kind of fidgety yet normal, I believe that's what you said.
SHELLEY SMITH: Uh-huh.
MR. GRIFFIN: Is his normal behavior kind of fidgety?
SHELLEY SMITH: Yes.
MR. GRIFFIN: He's just kind a fidgety person, right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: So, it wasn't the first time you'd seen him being kind of fidgety, right?
SHELLEY SMITH: Well, he always come different times so I can't really, you know.
MR. GRIFFIN: But you -- his demeanor was normal for Alex the night that he came over on June 7th, wasn't it?
SHELLEY SMITH: I would say yes.
MR. GRIFFIN: Okay. Now, you mentioned the clothes that he was wearing, and he came in and he sat on his mom's bed.
SHELLEY SMITH: Yes.
MR. GRIFFIN: Laid down next to her.
SHELLEY SMITH: Laid, uh-huh.
MR. GRIFFIN: And held her hand. Is that right?
SHELLEY SMITH: He walked in, held her hand, and spoke to her, then went on the bed and went down.
MR. GRIFFIN: And laid down?
SHELLEY SMITH: Uh-huh. Not laid down, but sit up.
MR. GRIFFIN: And when he got up off the bed, was the bed soiled in any way? Was it wet?
SHELLEY SMITH: I can't recall. I didn't touch it.
MR. GRIFFIN: Okay. Well, did Alex Murdaugh have blood on his clothes?
SHELLEY SMITH: No, I didn't see.
MR. GRIFFIN: Did he have blood on his shoes?
MR. GRIFFIN: Did he have blood in his hair?
MR. GRIFFIN: Did he leave blood in his mom's bedroom?
MR. GRIFFIN: Now, according to the records that we have been provided in this case, you were interviewed by SLED on June 16th. Do you remember that interview?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And I think in that interview you told SLED that had -- he would -- had been there 30 to 35 minutes. Do you remember telling them that?
SHELLEY SMITH: I think it's -- yes.
MR. GRIFFIN: And then you were interviewed again by telephone on June 17th. Do you remember that follow-up call? Do you remember having a short phone call on the 17th?
SHELLEY SMITH: A phone call? Nuh-uh.
MR. GRIFFIN: Well, whether it's one interview or two interviews, you never told anybody at SLED in June in these interviews, one or two, anything about Alex coming in with a blue tarp. Is that right?
SHELLEY SMITH: Right.
MR. GRIFFIN: You didn't say anything about a blue tarp until some time in September. Is that right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And you initially mentioned something about Alex coming over with a tarp, the first time you mentioned it was to Officer Joseph Dingle of the Allendale Police Department when he was working a wreck. Do you remember that?
SHELLEY SMITH: Uh-huh.
MR. GRIFFIN: Is that yes?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Okay, and you had been in the automobile accident, and Officer Dingle was working the wreck and, I guess, filling out an incident report and you were having a conversation with him.
SHELLEY SMITH: Yes.
MR. GRIFFIN: And in that conversation with Officer Dingle, didn't you tell him that, that -- didn't you tell Officer Dingle that on the night of the murders, that Alex came over with a blue tarp that looked like it had a gun in it?
SHELLEY SMITH: No. I told him, like, he was -- he was holding something.
MR. GRIFFIN: So, you didn't say --
SHELLEY SMITH: I didn't say specifically it was a gun. I said he was holding something.
MR. GRIFFIN: So, you didn't tell Officer Dingle that he came over and you couldn't tell but stated it looked like a rifle.
SHELLEY SMITH: No. I said it looked like he was carrying something. I did not say it was a rifle.
MR. GRIFFIN: Okay, and if Officer Dingle wrote a report up saying that, he was just incorrect.
SHELLEY SMITH: Yes.
MR. GRIFFIN: Okay, and then after you had this conversation with Officer Dingle, then you were contacted by SLED agents, right?
SHELLEY SMITH: Uh-huh.
MR. GRIFFIN: And they asked you to go down to their offices and that's where you were interviewed in September, right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And in that interview, you told them about a blue tarp that you had put over your car just like this, right?
SHELLEY SMITH: Uh-huh. Uh-huh.
MR. GRIFFIN: Is that correct?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And you didn't tell them because it's not true that there was anything wrapped in here that looked like a rifle.
SHELLEY SMITH: Right.
MR. GRIFFIN: And since that day of the interview at the Lowcountry SLED office, have you had any additional interviews with SLED agents other than getting ready for trial this week and last week?
SHELLEY SMITH: Yes.
MR. GRIFFIN: How many additional interviews?
SHELLEY SMITH: Two. Two or three.
MR. GRIFFIN: And in each of those interviews, did you reiterate to SLED that it was a blue tarp and not a rain jacket that you saw Alex Murdaugh walking into the house with?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Is there any doubt in your mind it was a blue tarp like this and not a rain jacket?
SHELLEY SMITH: It was balled up like a blue tarp.
MR. GRIFFIN: Because you saw it laying on Ms. Libby's retirement rocking chair, right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: One second, Your Honor.
(Break in proceedings.)
MR. GRIFFIN: Just one more point. When Alex Murdaugh came over on that early morning, I guess it was a Wednesday you testified, were you in Ms. Libby's room?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And can you -- you can't see the comings and goings out of the driveway from Ms. Libby's bedroom, can you?
SHELLEY SMITH: Uh-huh.
MR. GRIFFIN: You can?
MR. GRIFFIN: Thank you, Your Honor. That's all of the questions I have.
JUDGE NEWMAN: Redirect?
REDIRECT EXAMINATION
BY MR. MEADORS:
MR. MEADORS: Ms. Smith, do you remember testifying in front of the grand jury on January 20th of 2022, on page 25, line 17, when you were asked about how long do you think he stayed in total? Do you remember that?
SHELLEY SMITH: Yes.
MR. MEADORS: Do you remember your answer being 20, 10, 15, 20 minutes?
SHELLEY SMITH: Yes.
MR. MEADORS: Mr. Griffin asked you about the 30 or 40 minutes. Why did you call your brother after that?
SHELLEY SMITH: Because he's a chief -- assistant chief of police at Varnville, so I called him.
MR. MEADORS: Had that statement by Alex Murdaugh affected you?
SHELLEY SMITH: Yes.
MR. MEADORS: How?
SHELLEY SMITH: I was nervous.
MR. MEADORS: And he, Mr. Griffin, asked you about the evening visits and morning visits. Had he ever been there at 6:30 in the morning like he was that morning, ever?
MR. MEADORS: And his 9:00, 9:30 visit the night of the murders, that was very unusual for him to be at night, wasn't it?
MR. GRIFFIN: Objection. Leading.
JUDGE NEWMAN: Don't lead the witness.
MR. MEADORS: I'm sorry.
JUDGE NEWMAN: Restate the question.
SHELLEY SMITH: Yes.
MR. MEADORS: Was that unusual?
SHELLEY SMITH: Yes.
MR. MEADORS: Now, so you told an officer, or did you tell an officer about this, you saw something that you thought he was carrying?
SHELLEY SMITH: Yes.
MR. MEADORS: Before you told anybody else?
SHELLEY SMITH: Yes.
MR. MEADORS: And what was that about, a traffic accident?
SHELLEY SMITH: I had -- someone hit my car and he was on duty.
MR. MEADORS: And when was that?
SHELLEY SMITH: September 11th.
MR. MEADORS: That's my birthday.
SHELLEY SMITH: Okay.
MR. MEADORS: You had an accident and you told the officer that you had seen him -- Alex Murdaugh come and holding something?
SHELLEY SMITH: We was talking. We were having a conversation and that came up.
MR. MEADORS: And you just told him that?
SHELLEY SMITH: Uh-huh. We was talking, uh-huh.
MR. MEADORS: Had anybody asked you that before? You have to say yes or no for us.
SHELLEY SMITH: Yes.
MR. MEADORS: Had anybody asked you that before?
MR. MEADORS: Okay. So, why did you tell the officer that on September 11th?
SHELLEY SMITH: Because we was having a conversation and just talking in general, and he asked me a question, and I said yes, I've been there. I said I work with the Murdaughs, with his mother.
MR. MEADORS: In response to him, you told him you saw Alex Murdaugh with what?
SHELLEY SMITH: A lining, a blue tarp.
MR. MEADORS: And you're saying tart or tarp?
SHELLEY SMITH: Tarp. Like you cover a car with, a tarp.
MR. MEADORS: And you said you saw him with that, and did it appear he was carrying something?
SHELLEY SMITH: Like he was holding something. It was bundled up. I can't -- it was bundled up.
MR. MEADORS: Bundled up.
SHELLEY SMITH: Yes.
MR. MEADORS: Like this?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. So, you never saw this unfolded.
SHELLEY SMITH: No, I never saw it.
MR. MEADORS: Never.
SHELLEY SMITH: Until the next morning because it was on the chair in Ms. Libby's room.
MR. MEADORS: And you don't know where this tarp came from, do you?
SHELLEY SMITH: No. I don't know where it came from.
MR. MEADORS: And it didn't have silver on one side, did it?
MR. MEADORS: It was all blue.
SHELLEY SMITH: All blue.
MR. MEADORS: And you said that the defense took a statement from you?
SHELLEY SMITH: Yes.
MR. MEADORS: Did they record it?
SHELLEY SMITH: Yes.
MR. MEADORS: Your Honor, under Rule 613 I would like a copy of that statement, or the recording, at this time if they have it. She's now taken the stand.
MR. GRIFFIN: Your Honor, under Rule 5 it is not subject to being produced, and we didn't question her about the statement, so --
JUDGE NEWMAN: Rule 5 is pretrial.
MR. MEADORS: Your Honor, under 613 I think once the witness has taken the stand and she said that they took a statement from her, either recorded or written. We don't have it. It hadn't been provided. We asked her about that specifically dealing with the blue tarp and when they discussed it with her, and I would like a copy of it.
MR. GRIFFIN: I honestly don't mind him having it, Your Honor. We don't have a copy with us.
JUDGE NEWMAN: The rule says: Upon request, the same shall be shown or disclosed to opposing counsel pursuant to Rule 611A. So, the defense must provide it to counsel.
MR. GRIFFIN: Your Honor, we do have a copy here. I don't know if we can download it.
(Break in proceedings.)
MR. MEADORS: Judge, I mean, I can't look at the flash drive.
MR. GRIFFIN: It's not a statement. It's an audio recording.
MR. MEADORS: Your Honor, I would like to have the opportunity to listen to that without the presence of the jury. I'm assuming it will be a hard copy, but I don't want to mess the Court's schedule up either.
JUDGE NEWMAN: Ladies and gentlemen, we'll have you go to the jury room. Please do not discuss the came.
(The jury left the courtroom.)
JUDGE NEWMAN: We'll be at ease momentarily. Just stay in place momentarily.
(Break in proceedings.)
JUDGE NEWMAN: How long is the statement?
MR. GRIFFIN: It's about 30 minutes, Your Honor, at least.
(Break in proceedings.)
MR. GRIFFIN: Your Honor, we have a rough draft of a transcript that we're emailing to them, but it's fifty- seven pages long that we're sending to them.
MR. MEADORS: Your Honor, I would like to look at the video at this point.
JUDGE NEWMAN: All right. We're going to bring the jury in and break for lunch.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: All right, thank you. Ladies and gentlemen, we'll break for lunch until 2:30, until 2:30. And, Juror Number 729, I'll speak with you during lunch. Return to the jury room, please.
(The jury left the courtroom.)
JUDGE NEWMAN: And, Ms. Smith, we'll take a break for lunch. You cannot discuss your testimony with anyone during lunch, but you can step down. Have a good lunch.
SHELLEY SMITH: Thank you.
(The witness exited the stand.)
JUDGE NEWMAN: And we will be in recess until 2:30.
(A lunch break was taken.)
JUDGE NEWMAN: As counsel may recall, during jury selection, Juror 957 (sic) expressed concern about being here if the trial goes too long. He mentioned that three weeks was his limit, so he's brought that to my attention. And he -- Juror 729 -- so he's brought that to my attention and he's pondering the issue, so I'm just bringing you all up to date on that issue. Are we ready for the jury?
MR. MEADORS: Yes, sir.
MR. GRIFFIN: Your Honor, I just wanted to raise one issue.
JUDGE NEWMAN: All right.
MR. GRIFFIN: It doesn't relate to this witness, but the next group of witnesses the State intends to call relate to this blue rain jacket, and that it was seized as a result of a search at the -- at Ms. Libby Randolph's, the Murdaughs' house, and it was found in the closet based on what this witness has previously shared with law enforcement. There's no evidence that we've been provided in discovery that connects the defendant with this blue rain jacket, and so we move to exclude any evidence of the blue rain jacket unless they can represent to the Court that they have any witness who connects the blue rain jacket with this defendant, Alex Murdaugh. Thank you.
JUDGE NEWMAN: All right. From the State?
MR. MEADORS: I don't think we're through yet. Your Honor, she has identified a vinyl blue in that closet which she says was consistent with what she saw Alex Murdaugh come into her house with. She said yeah, that looks like it. There was some questions that were asked by the defense which I'm going to ask her about now when she was asked about a shirt and something. But she, I believe, has testified yeah, that is consistent with the color and the vinyl that I saw that's in the closet.
JUDGE NEWMAN: All right. Well, let's bring the jury in.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: All right, thank you. You may proceed, Mr. Meadors.
MR. MEADORS: May it please Your Honor?
JUDGE NEWMAN: Yes, sir.
BY MR. MEADORS:
MR. MEADORS: Ms. Smith, do you remember being interviewed by Patrick McDavid and Robert Prucell -- Purcell that worked with Mr. Harpootlian and Mr. Griffin in October -- on October 20th of 2022?
SHELLEY SMITH: Yes.
MR. MEADORS: And I believe Mr. Griffin had asked you about some shoes in response to our questions. Do you remember telling them that he had -- these investigators he had on some cloth like shoes?
SHELLEY SMITH: Yes.
MR. MEADORS: And I believe Mr. Griffin asked you about the length of time you were there. Do you remember these investigators asking you about the length of time that Mr. Murdaugh was at Almeda the night of June 7th?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Objection, Your Honor.
JUDGE NEWMAN: Yes, sir?
MR. GRIFFIN: He's offering a prior consistent statement, and I don't know why. He's not impeaching her with it and he can't bolster her testimony with a prior consistent statement.
JUDGE NEWMAN: Mr. Meadors?
MR. MEADORS: Your Honor, I believe he had questioned the 30 or 40 minutes and was questioning whether or not Alex asked her to say that. Through their investigators it's clarified for me, their conversations, that directly contradict what she said earlier on direct that I have through their questioning and interviews, which I just got a little while ago.
JUDGE NEWMAN: All right. Mr. Griffin?
MR. GRIFFIN: Again, he's offering a prior consistent statement and it's not admissible unless it's being offered to rebut a claim of recent fabrication, and that's not the situation here.
MR. MEADORS: Your Honor, we'll offer the entire statement right now.
JUDGE NEWMAN: All right. Any objection to the statement being entered into evidence?
MR. GRIFFIN: Yes, Your Honor. It's not a statement. It's a whole thirty minute audio recording. Yes.
JUDGE NEWMAN: All right, Rule 613D addresses this issue, and you may proceed. The objection is overruled.
BY MR. MEADORS:
MR. MEADORS: Mr. Griffin asked you the length of time that Mr. Murdaugh was there. When these investigators questioned you in October of 2022, do you remember them asking you about how long he was in the kitchen and in the room with Ms. Murdaugh?
SHELLEY SMITH: Yes.
MR. MEADORS: And do you remember them asking you about -- and he asked you on cross whether it was unusual Mr. -- whether Mr. Murdaugh had visited that time of night. Do you remember that?
SHELLEY SMITH: Yes.
MR. MEADORS: And do you remember telling the investigators that he would not come on your shift after 8:00? Do you remember that?
SHELLEY SMITH: Yes.
MR. MEADORS: And that that was unusual?
SHELLEY SMITH: Yes.
MR. MEADORS: And do you remember one of them questioning you, you actually registered it in your mind that something -- that this is unusual for him to be here that time of night? Do you remember that?
SHELLEY SMITH: Yes.
MR. MEADORS: Was your answer: Yeah, because I was, like -- yeah, to be honest, I was, like, why are you here this time of night? Why are you here this time of night, you know? Because we all going to bed.
SHELLEY SMITH: Uh-huh. Uh-huh.
JUDGE NEWMAN: Was that a yes?
SHELLEY SMITH: Yes.
MR. MEADORS: And as far as the length of time, do you remember them asking you how long, and you said it was about 20 minutes?
SHELLEY SMITH: Yes.
MR. MEADORS: And I'm trying to speed this up. Beg the Court's indulgence.
(Break in proceedings.)
MR. MEADORS: Do you remember Mr. -- when Mr. Griffin asked you about your recollection as to what Mr. Murdaugh said -- asked you about the thirty or forty minute period. Do you remember that?
SHELLEY SMITH: Yes.
MR. MEADORS: Do you remember just a little while ago when he was asking you about that? I'm not trying to be -- just a little while ago.
SHELLEY SMITH: Yes.
MR. MEADORS: Okay, about whether -- if anybody ever asked you if I was here or not?
SHELLEY SMITH: Yes.
MR. MEADORS: And do you remember that they, his investigators, asked you if SLED had put that in your mind?
MR. MEADORS: Is that the --
MR. GRIFFIN: Objection, Your Honor.
MR. MEADORS: -- recollection or something they put in your mind?
JUDGE NEWMAN: Just a moment, ma'am. Yes, sir.
MR. GRIFFIN: He's leading the witness. He's publishing a document that is not a certified transcript of anything. I object.
JUDGE NEWMAN: All right. Mr. Meadors?
MR. MEADORS: It's their statement they took from her.
JUDGE NEWMAN: I sustain the objection.
MR. MEADORS: Did Alex Murdaugh ask you to tell somebody how long he'd been there?
SHELLEY SMITH: He said if someone asks you, I was here 30 or 40 minutes. That's what he said.
MR. MEADORS: He said if somebody asked you.
SHELLEY SMITH: Yes, sir.
MR. GRIFFIN: Objection, Your Honor. He's just repeating her answer.
JUDGE NEWMAN: Mr. Meadors?
MR. MEADORS: Is that the answer you gave his investigators --
SHELLEY SMITH: Yes.
MR. MEADORS: -- back in October of 2022?
SHELLEY SMITH: Yes.
MR. MEADORS: Beg the Court's --
(Break in proceedings.)
MR. MEADORS: Now, Mr. Griffin asked you about this blue tarp. Did his or Mr. Harpootlian's investigators ask you about that when they met with you?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. Did they bring something with them? Do you remember them showing you something?
SHELLEY SMITH: A picture.
MR. MEADORS: Okay. Did they also show you a tarp?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. Did they tell you they just got it from K-Mart?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay. Just bought it from K-Mart, and I can't --
MR. GRIFFIN: I put it in the box.
MR. MEADORS: So, their investigators brought this with you to the interview --
SHELLEY SMITH: Yes.
MR. MEADORS: -- and showed you this, correct?
SHELLEY SMITH: Yes.
MR. MEADORS: All right, and had you already described a -- well, when did you first -- who did you first tell that there was a -- something that the defendant may have been holding in his hand? Who did you tell first? When he came in that morning after the funeral, who did you tell that first to in law enforcement, that the defendant may have been holding something, or was holding something when he came --
SHELLEY SMITH: Dango (sic), Officer Dango.
MR. MEADORS: Dango (sic)?
SHELLEY SMITH: I think is his name.
MR. MEADORS: And as a result of that, SLED came and interviewed you.
SHELLEY SMITH: Yes.
MR. MEADORS: And then you then told them what your testimony has been, correct?
SHELLEY SMITH: Yes.
MR. MEADORS: So, in October of '22 when their investigators came, they were asking you about what you talked about to Dango, right?
SHELLEY SMITH: Yes.
MR. MEADORS: Okay, and they showed you this, right?
SHELLEY SMITH: Yes.
MR. MEADORS: And did they also ask you about if you'd seen a shirt? Do you remember when they asked you if you'd seen a blue shirt?
SHELLEY SMITH: Yes.
MR. MEADORS: And what was the blue shirt?
SHELLEY SMITH: It was a blue --
MR. MEADORS: Like, well, I don't know. Was it just like a dress shirt or shirt? What was it?
SHELLEY SMITH: Like a rain jacket or something, like a pullover.
MR. MEADORS: Okay, but they described it as a shirt?
SHELLEY SMITH: No, not as I can recall.
MR. MEADORS: Do you remember them asking you you're positive it wasn't a shirt?
SHELLEY SMITH: Yes.
MR. MEADORS: They asked you that.
SHELLEY SMITH: Yes.
MR. MEADORS: And your answer was it's vinyl. It was a vinyl, right?
SHELLEY SMITH: Yes. Yes.
MR. GRIFFIN: Objection. Leading, Your Honor.
JUDGE NEWMAN: Don't lead the witness.
MR. MEADORS: And Mr. Griffin was asking you about the vinyl whatever. Do you remember them asking you if there could have been a gun in it? His investigators.
SHELLEY SMITH: I can't recall. I can't remember.
MR. MEADORS: Last question, Judge.
MR. MEADORS: State's 411, Ms. Shelley, you've identified this previously. Does that look like the blue vinyl garment he was carrying in?
SHELLEY SMITH: Yes.
MR. MEADORS: Say that again.
SHELLEY SMITH: Yes.
MR. MEADORS: Was it all crumbled up in his arms?
SHELLEY SMITH: It was balled up, yes.
MR. MEADORS: Was it folded out?
SHELLEY SMITH: No, it wasn't.
MR. MEADORS: Was he wearing it?
SHELLEY SMITH: No, he wasn't.
MR. MEADORS: That's all. Thank you.
JUDGE NEWMAN: By the defense.
RECROSS-EXAMINATION
BY MR. GRIFFIN:
MR. GRIFFIN: Ms. Smith, it's clear when you left the next morning you saw the blue tarp laid out on Ms. Libby's retirement rocking chair, correct?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And it was not a rain jacket, was it?
SHELLEY SMITH: No, it wasn't.
MR. GRIFFIN: It was a blue tarp like what's in here as in evidence 86, right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: No doubt in your mind.
SHELLEY SMITH: No doubt.
MR. GRIFFIN: Now, our investigators -- let me ask you. I marked for identification Exhibit 87. Did they show you a picture of this rain jacket?
SHELLEY SMITH: Yes.
MR. GRIFFIN: Had you ever -- and you told them you'd never seen that rain jacket, right?
SHELLEY SMITH: Correct.
MR. MEADORS: No objection.
MR. GRIFFIN: Your Honor, we would introduce Exhibit 87 into evidence.
JUDGE NEWMAN: Without objection.
(PHOTO MARKED AS DEFENDANT'S EXHIBIT NUMBER 87 WAS RECEIVED INTO EVIDENCE.)
MR. GRIFFIN: Can I put it up here?
(Break in proceedings.)
MR. GRIFFIN: While they're working on that, Ms. Smith, did anyone speak to you over lunch about your testimony?
MR. GRIFFIN: Did you talk to any SLED agents or anybody at the AG's Office?
(Break in proceedings.)
MR. GRIFFIN: Thank you, Doug.
MR. GRIFFIN: Have you ever seen this rain jacket before?
MR. GRIFFIN: Did Alex Murdaugh have that rain jacket with him when he came into the -- Ms. Libby's home on the morning, I believe, a few days after the funeral?
MR. GRIFFIN: Okay, and if this photo, Exhibit 41, State's Exhibit 41 -- can you see this blue thing wadded up?
SHELLEY SMITH: Yes.
MR. GRIFFIN: If that is, in fact, the photo of the rain jacket that we just looked at, would your testimony be you've never seen that garment folded up in that closet before?
SHELLEY SMITH: No. The only thing I seen was blue -- I didn't know if it was a raincoat or not. It was balled up.
MR. GRIFFIN: So, you -- well, have you ever been in this closet before?
SHELLEY SMITH: No, I haven't.
MR. GRIFFIN: So, you don't know what that is folded up there, do you?
SHELLEY SMITH: Correct.
MR. GRIFFIN: And so if it's this rain jacket, if that's what's in that closet, you've never seen Alex Murdaugh with, with what -- with, with this garment before, have you?
SHELLEY SMITH: No, I haven't.
MR. GRIFFIN: All right. Now just very briefly, I know you've been -- you've been really good here and I know it's been a hard day and we appreciate you being here. The -- that day when you came to work, Mr. Randolph Murdaugh had been put back in the hospital. Isn't that correct?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And that was unusual because he'd just gotten out of hospital, like, a day before, right?
SHELLEY SMITH: Yes.
MR. GRIFFIN: And so it was -- I know it wasn't usual for Alex Murdaugh to come over that night, but this was an unusual day because Mr. Randolph had been put back in the hospital. Would you agree with that?
SHELLEY SMITH: Yes.
MR. GRIFFIN: All right.
MR. GRIFFIN: Thank you. That's all of questions I have, Your Honor.
JUDGE NEWMAN: Thank you, ma'am. You may step down.
SHELLEY SMITH: Thank you.
(The witness exited the stand.)