Megan Fletcher — Cross/Redirect/Recross
279 linesWEDNESDAY, FEBRUARY 8, 2023
(Court resumed at 9:34 a.m.)
JUDGE NEWMAN: Good morning.
(Audience responded good morning.)
JUDGE NEWMAN: Are we ready for the jury?
MR. WATERS: State is ready.
MR. HARPOOTLIAN: Defense is ready.
JUDGE NEWMAN: Bring the jury.
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: Thank you. Good morning.
(The jury responded good morning.)
JUDGE NEWMAN: Day number thirteen. Cross-examination.
MR. GRIFFIN: Thank you, Your Honor.
JUDGE NEWMAN: Yes, sir.
The witness, DAVID BRITTON DOVE, remained under oath and continued testifying as follows:
CROSS-EXAMINATION
BY MR. GRIFFIN:
MR. GRIFFIN: Good morning.
MEGAN FLETCHER: Good morning.
MR. GRIFFIN: Is it Agent Fletcher or Ms. Fletcher or --
MEGAN FLETCHER: Ms. Fletcher is fine.
MR. GRIFFIN: Are you an agent?
MEGAN FLETCHER: Technically I am commissioned; however, I'm a forensic scientist.
MR. GRIFFIN: Okay. Well, okay. Well, Ms. Fletcher, I just want to go over a little bit of what you testified about yesterday and hit some smaller points. But, I mean, you pretty much -- you said this yesterday, but gunshot primer residue is not biodegradable, correct?
MEGAN FLETCHER: No, sir. They are composed of heavy metals of lead, barium, and antimony. So, they are individual particles of those metals; they're not biodegradable.
MR. GRIFFIN: So, if it's -- if gunshot primer residue is on a surface, it will stay on that surface and will not degrade for hundreds of years.
MEGAN FLETCHER: Potentially. There's not studies that go out that far, but potentially.
MR. GRIFFIN: Right, but the only way that current science knows to get primer gunshot residue off of anything is through cleaning: wiping it off, scrubbing it off, and spraying it off. Is that right?
MEGAN FLETCHER: That's correct.
MR. GRIFFIN: Okay, and it comes out when a gun is shot, right?
MEGAN FLETCHER: Yes. That's how gunshot primer residue is formed. It comes out through the muzzle, and then a semiautomatic through the ejector port, or through a revolver through the muzzle gap. So, any opening within the gun it will come out.
MR. GRIFFIN: Yeah. So, the gunshot -- primer -- gunshot primer residue will follow the projectile, whether it's pellets or a bullet, out the barrel of the gun, rifle, or pistol, will it not?
MEGAN FLETCHER: Yes, sir, it will.
MR. GRIFFIN: And then if you have a semiautomatic rifle or shotgun, gunshot primer residue will go follow the discharge cartridge or shell shot as it opens up, right?
MEGAN FLETCHER: Yes, sir. Studies have shown as far as about 60 feet. Beyond that, they haven't been studied.
MR. GRIFFIN: Okay. So, within 60 feet of a gun being shot, there will be gunshot primer residue on whatever is around there. Fair enough?
MEGAN FLETCHER: Whatever is around the bullet per se. When it gets out that far, it's more in the immediate vicinity of the bullet.
MR. GRIFFIN: But for sure gunshot primer residue will accumulate on the firearm that's being used, will it not?
MEGAN FLETCHER: Yes, sir, it will.
MR. GRIFFIN: And if it's not properly cleaned and maintained, I mean, it will stay there until it gets wiped off by someone's hand or it's left out in the rain or sprayed off, right?
MEGAN FLETCHER: Yes, sir, it will.
MR. GRIFFIN: Okay, and when you were referring to transferring GSR, is that one of the things you were referring to?
MEGAN FLETCHER: Yes, sir. If you touched a gun that had been fired at any point, then you have the potential to transfer it to your hands.
MR. GRIFFIN: Now, this jury has seen throughout the course of the trial a number of folks holding up some firearms that are in evidence -- a couple of shotguns, a 300 Blackout -- and they've seen the jury -- excuse me, they've seen witnesses hold up -- Mr. Meadors held up yesterday this blue rain jacket which you have identified having 38 particles or more on it. My question to you is, is it very possible that where you're sitting right now, there's gunshot primer residue?
MEGAN FLETCHER: That is a possibility, yes, sir.
MR. GRIFFIN: Now, you did some -- you work in the Forensic Services Laboratory at SLED, correct?
MEGAN FLETCHER: Correct.
MR. GRIFFIN: And there's a Trace Evidence Operation Manual pertaining to gunshot primer residue analysis, correct?
MEGAN FLETCHER: Yes, sir, there is.
MR. GRIFFIN: And that governs your -- you follow that manual, do you not?
MEGAN FLETCHER: Yes, I do.
MR. GRIFFIN: And do you agree with the statement that: Gunshot primer residence evidence is most probative in the following situations: from subjects who have not sustained a gunshot wound; from subjects who have not been in the proximity to the discharging of a firearm, or admitted to discharging a firearm; and from subjects who were not found in the possession of a firearm.
MEGAN FLETCHER: I do agree with that, yes, sir.
MR. GRIFFIN: And that's a statement of the -- your operations manual.
MEGAN FLETCHER: Yes, sir, it is.
MR. GRIFFIN: And you obtained clothing, which we know is from Richard Alexander Murdaugh -- shirt, shorts, and shoes -- and did someone under your supervision did lifts from those clothing items so that you can analyze the particles, correct?
MEGAN FLETCHER: Yes, sir. Jamie Hall collected the particle lifts off of those items.
MR. GRIFFIN: And those -- and that collection was done on June the 8th, I believe, was it not?
MEGAN FLETCHER: Yes, sir, it was.
MR. GRIFFIN: And are you aware that those clothes were collected on June the 8th?
MEGAN FLETCHER: Yes, sir, I was.
MR. GRIFFIN: And were you aware that when the clothes were collected, they were wet?
MEGAN FLETCHER: I didn't know that they were wet until Jamie opened up the evidence and it was evident that the shirt was a little damp, and the shoes were definitely damp.
MR. GRIFFIN: So, it's just been a few hours that they had been placed in some sort of bag, and you open it up and they're wet, and you smell laundry detergent.
MEGAN FLETCHER: That's correct.
MR. GRIFFIN: Were you aware that it had been raining that evening at Moselle?
MEGAN FLETCHER: I was not aware of that, no, sir.
MR. GRIFFIN: The -- in any event, you tested after Ms. Hall. Is that it, Jamie Hall?
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: She did the lifts, and you located three particles from the white shirt.
MEGAN FLETCHER: Yes.
MR. GRIFFIN: You lift three particles from the shorts.
MEGAN FLETCHER: Yes.
MR. GRIFFIN: No particles from the shoes.
MEGAN FLETCHER: Yes.
MR. GRIFFIN: And there was no particles on Mr. Murdaugh's hands.
MEGAN FLETCHER: There was one particle on his right hand.
MR. GRIFFIN: I'm sorry, there was one particle on his hand. And you would agree that that amount of primer residue, gunshot primer residue found on the individual who you have been informed had had a firearm in his hand when the police arrived, that it was consistent with the transfer from a firearm.
MEGAN FLETCHER: When I analyzed the evidence, I did not know that he had a firearm in his hand, but that would be consistent with somebody who had a firearm in his hand prior to collection.
MR. GRIFFIN: Well, you learned that at least by June the 9th at 11:03 a.m. when you had the telephone call with Agent Owen, correct?
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: And you told him that that amount of gunshot residue would be consistent with the transfer from a firearm.
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: And you stand by that here today.
MEGAN FLETCHER: I do.
MR. GRIFFIN: Now, the seatbelt assembly, let's talk about that for a minute. The -- you test -- well, you did lifts, you and Ms. Hall, or Agent Hall, did lifts of the buckle. Is that right?
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: The latch plate. Is that right?
MEGAN FLETCHER: Yes.
MR. GRIFFIN: And then three spots along the belt, the webbing.
MEGAN FLETCHER: Yes, sir, three areas along the belt. We divided the belt into three sections and did both sides of it, and those were the five areas that we collected from.
MR. GRIFFIN: I see. I see. So, did you take lifts from the entire webbing?
MEGAN FLETCHER: Yes, sir. We retracted it as far as it would go and divided it into three sections --
MR. GRIFFIN: I see.
MEGAN FLETCHER: -- and collected them.
MR. GRIFFIN: I see. And the results of the lifts -- and you did analyses. Was there one particle on the buckle, right?
MEGAN FLETCHER: That's correct.
MR. GRIFFIN: Zero on the latch plate.
MEGAN FLETCHER: Correct.
MR. GRIFFIN: Zero on the belt -- on any of the sections of the belt.
MEGAN FLETCHER: That's correct.
MR. GRIFFIN: So, the whole belt was zero. And so they found one particle.
MEGAN FLETCHER: I confirmed one particle on the buckle, yes, sir.
MR. GRIFFIN: And you can't say how or when the particle was deposited on the belt, can you?
MEGAN FLETCHER: I cannot.
MR. GRIFFIN: And I think you told this to Agent Owen, that if Alex Murdaugh was shooting earlier in the day or any time, any time at some point in time while he had that vehicle and he got -- after shooting he got in the vehicle, it has the ability to transfer any gunshot residue primer to that vehicle, right?
MEGAN FLETCHER: Yes, sir. I cannot tell you when that particle was deposited.
MR. GRIFFIN: So, if he had had that vehicle for two years and he'd been out shooting and got in it, he could have deposited one particle on the buckle, and it would stay there unless it got knocked off, correct?
MEGAN FLETCHER: Yeah. Unless it was cleaned, it could have stayed there, yes, sir.
MR. GRIFFIN: And if he went and got a gun and then put it in the car and then got back in the car and he got -- transferred GSR on him and he could hit the buckle and that could put it on there, right?
MEGAN FLETCHER: Yes, sir, that could have happened.
MR. GRIFFIN: It's just very, very small. You can't see it with a naked eye, but it stays there forever unless it's moved.
MEGAN FLETCHER: That's correct, sir, yes, sir.
MR. GRIFFIN: Now, you were also asked to do an analysis of a blue rain jacket. Do you remember that?
MEGAN FLETCHER: Yes, sir, I do.
MR. GRIFFIN: And once again, just like the seatbelt, there's no way for you to know when the gunshot primer residue was deposited on the blue rain jacket.
MEGAN FLETCHER: That's correct.
MR. GRIFFIN: It could be at any point in time from the day that blue rain jacket was manufactured, correct?
MEGAN FLETCHER: Well, probably not on the manufacturer date unless they were firing guns in the manufacturing plant, but any time after a consumer takes possession probably.
MR. GRIFFIN: So, if a consumer took possession of that garment four years ago and some -- and we're going to talk about how you can get gunshot primer residue on it, but unless it's cleaned off or washed off, it'll stay for years.
MEGAN FLETCHER: It could, yes.
MR. GRIFFIN: And you have no idea how gunshot primer residue ended up on that garment, correct?
MEGAN FLETCHER: I cannot tell you how it got there.
MR. GRIFFIN: Or when it got there.
MEGAN FLETCHER: Or when it got there.
MR. GRIFFIN: Or whether it was being worn when it got there, whether it was being worn inside/out when it was deposited on there, or whether it was laid on top of a gun, for example.
MEGAN FLETCHER: I cannot tell you any of those scenarios.
MR. GRIFFIN: Okay. So, if Mr. Randolph Murdaugh, who -- are you aware that this rain jacket was found in a closet in September of 2021 at Mr. Randolph Murdaugh's home?
MEGAN FLETCHER: That was the information that was on the submission, yes.
MR. GRIFFIN: And he died, I think, on June 10th of 2021. Were you aware of that?
MEGAN FLETCHER: I remember hearing news about it.
MR. GRIFFIN: But if he, before he got into his truck, had taken off this poncho and flipped it over and threw it on the back seat of his truck where he his shotgun Bowhoop and laid on top of this dirty old shotgun, it could have deposited 38 particles of gunshot primer residue, right?
MEGAN FLETCHER: If the shotgun was not cleaned, there's a potential for the transfer off of that shotgun, yes.
MR. GRIFFIN: And if the -- if Bowhoop hadn't been cleaned in years, there would be --
MR. MEADORS: Your Honor, objection. What's he saying?
MR. GRIFFIN: Bowhoop.
MR. MEADORS: Bowoop?
MR. GRIFFIN: B-o-w-h-o-o-p, the name of Mr. Randolph Murdaugh's shotgun.
MR. GRIFFIN: If that shotgun hadn't been cleaned in years, it would be more likely you would get gunshot residue deposited on anything that came on top of it, right?
MEGAN FLETCHER: The transfer would be more likely, yes, sir.
MR. GRIFFIN: Now, you also testified that 38 particles of gunshot primer residue was a significant amount.
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: Do you remember saying that?
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: So, I guess then you would agree with me that one particle on the hand is an insignificant amount.
MEGAN FLETCHER: I can just say that it was present. I can't tell you that it's insignificant. It's just there.
MR. GRIFFIN: Yet you can say 38 is significant.
MEGAN FLETCHER: Because it's much more than you would expect on an item that wasn't in the vicinity or didn't come into contact with a -- an object with gunshot primer residue on it. One particle, I can't tell you when or how or -- it got there.
MR. GRIFFIN: Well, would you agree that three particles on a shirt is an insignificant amount?
MEGAN FLETCHER: I -- it's just three particles on a shirt, and it can be one of the two ways, or a combination of the two ways of being in the vicinity or transfer.
MR. GRIFFIN: Yet you're comfortable saying 38 is significant, but you're not comfortable saying one is insignificant.
MEGAN FLETCHER: Insignificant implies that the evidence itself is insignificant. It's a particle of gunshot primer residue. I'm not going to say that it's insignificant evidence.
MR. GRIFFIN: Well, should you say 38 is significant, or are you saying that 38 particles are insignificant?
MEGAN FLETCHER: Significant implying that it's a large amount. Not that it's a small amount, but a large amount.
MR. GRIFFIN: So, is three a small amount?
MEGAN FLETCHER: Not in the -- not in how many that we get normally. It's about average.
MR. GRIFFIN: Okay. Now, in addition to the rain jacket -- and I think that is Item 173 in your lab -- you were also provided a blue tarp, Item 174. Do you remember receiving a blue tarp?
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: And after discussing the scenario presented by the witness with Captain Ryan Neill, you and he decided that there was no need to process the blue tarp seized from Almeda, correct?
MEGAN FLETCHER: Correct.
MR. GRIFFIN: Now, are you aware that this witness is -- was Shelley Smith?
MEGAN FLETCHER: I am now. I was not aware who the witness was at the time.
MR. GRIFFIN: So, in your conversation with Agent Ryan Neill, he says don't worry about the tarp --
MR. MEADORS: Objection to hearsay.
JUDGE NEWMAN: The objection is sustained.
MR. GRIFFIN: After your conversation with Ryan Neill about what a witness had related to him, you, in consultation with Agent Neill, decided not to test the tarp.
MEGAN FLETCHER: That's correct. That was based on the -- that the raincoat was balled up in a closet versus the tarp being folded in a container and in place in a location.
MR. GRIFFIN: When you say balled up, what do you mean?
MEGAN FLETCHER: I wasn't there so I don't know, but that was the information. It was haphazardly placed in the bottom of the closet.
MR. GRIFFIN: Okay. If it had been folded and placed on top of some other items in the closet, would that have made a difference to you?
MEGAN FLETCHER: I'm not sure. That would have had to have been a discussion between the agents and my management.
MR. GRIFFIN: Have you seen all of the photos of the search warrant, where it was found and how it was folded or not folded, balled or not balled?
MEGAN FLETCHER: I've seen one photo.
MR. GRIFFIN: The one that's in evidence here?
MEGAN FLETCHER: I'm not sure.
MR. GRIFFIN: You were informed from Agent Neill that -- or you concluded that the supposition was that the firearm was in contact with the rain jacket, correct?
MEGAN FLETCHER: I'm sorry?
MR. GRIFFIN: You documented that the supposition was that the firearm was in contact with the rain jacket.
MEGAN FLETCHER: They were trying to determine, I think, whether a firearm was in contact with the rain jacket, and that was a possibility, given my results.
MR. GRIFFIN: Now, you -- do you remember what you did with the blue tarp, put it in storage and it's never been taken out again, to your knowledge?
MEGAN FLETCHER: To my knowledge, I don't know what happened to the blue tarp.
MR. GRIFFIN: Did you ever have any involvement with the blue tarp after it was presented to your evidence lab?
MEGAN FLETCHER: No, I did not.
MR. GRIFFIN: The rain jacket, did -- or do you know if fingerprints were taken off the rain jacket?
MEGAN FLETCHER: I don't know of any other analysis performed on the rain jacket.
MR. GRIFFIN: Would you have been able to tell if there had been lifts for fingerprints when it came to you?
MEGAN FLETCHER: For gunshot primer residue evidence, the trace lab always gets it first because any other processes might remove the gunshot primer residue. So, no other analyses would have taken place prior to ours.
MR. GRIFFIN: The rain jacket was slated, I believe you testified, for further DNA analysis.
MEGAN FLETCHER: That was what was on the outside of the box, yes, sir.
MR. GRIFFIN: And because of that, you and Agent Jamie Hall wore gloves and a gown and masks, right?
MEGAN FLETCHER: We always wear gloves and the lab jacket, but the mask was added because of the DNA request.
MR. GRIFFIN: Do you know the results of the DNA analysis?
MEGAN FLETCHER: I do not.
MR. GRIFFIN: You were shown photos that were introduced into evidence and -- of the rain jacket, and I just wanted to publish two more that were introduced into evidence. 438 --
MR. GRIFFIN: Doug, can you put 438 on the screen, please?
(Break in proceedings.)
MR. GRIFFIN: There we go.
MR. GRIFFIN: Agent Fletcher, can you see this?
MEGAN FLETCHER: I can.
MR. GRIFFIN: What's that?
MEGAN FLETCHER: This is a page out of my case file that I prepared for my technical reviewer and as part of my information to keep with me. It's a picture of the packaging, the paper bag that the rain jacket was included in with the documentation on it, as well as the tag from the rain jacket labeling the brand of it, the size of it, and it also has our lab information, and the initials and date in which it was analyzed by the trace department.
MR. GRIFFIN: Okay. Now, the bottom of this, I don't know if you can see it, but there's a date of 10/8/2021. Is that when you took the photo?
MEGAN FLETCHER: No, sir. That's when I prepared the PowerPoint for inclusion in my case file.
MR. GRIFFIN: So, Doug, if you will go to the next exhibit, 439, please.
MR. GRIFFIN: And there you've labeled manufacturer's tags. Do you see that?
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: And tell the jury what size this rain jacket is.
MEGAN FLETCHER: It's a large.
MR. GRIFFIN: Okay, and do you know this brand name, Tough Duck?
MEGAN FLETCHER: I had to look it up. I wasn't familiar with it prior to this case.
MR. GRIFFIN: Thank you, Doug. You can take that down, please. One second, Your Honor, please.
(Break in proceedings.)
MR. GRIFFIN: Nothing further, Your Honor.
JUDGE NEWMAN: Redirect?
MR. MEADORS: Please the Court?
REDIRECT EXAMINATION
BY MR. MEADORS:
MR. MEADORS: Good morning.
MEGAN FLETCHER: Good morning.
MR. MEADORS: Mr. Griffin asked you about 38 particles on the parka, poncho, rain jacket, the blue garment.
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: I'm sorry, I didn't hear Mr. Meadors.
MR. MEADORS: I said you asked about the 38 particles on the -- that's what I'm responding to.
MR. GRIFFIN: Yeah. We just can't hear you over here.
MR. MEADORS: Okay. I'll talk louder.
MR. MEADORS: Actually, how many particles were on the garment?
MEGAN FLETCHER: In total there were 52 particles. There were 14 that I confirmed on the outside of the rain jacket, and there were 38 on the interior of the rain jacket.
MR. MEADORS: And I confused myself yesterday. There were 13 particle lifts and 12 particle lifts, correct? And then out of that you found the 52 particle characteristics of gunshot primer residue, correct?
MEGAN FLETCHER: That's correct.
MR. MEADORS: And 38 of those were on the inside?
MEGAN FLETCHER: Yes, sir.
MR. MEADORS: That's what he asked you about. 14 were on the outside.
MEGAN FLETCHER: Yes, sir.
MR. MEADORS: And when you wear that garment, do you typically wear -- inside is inside. Is that what it means?
MEGAN FLETCHER: I would think so.
MR. MEADORS: Okay, and he asked you was it a possibility that a firearm had come in contact with the rain jacket, and you said it's possible. It's really possible, isn't it? I mean, those numbers are unusual, aren't they, 38.
MEGAN FLETCHER: For the interior of a garment, I would think that they were unusual, yes.
MR. MEADORS: And that's common sense, isn't it?
MEGAN FLETCHER: Well --
MR. GRIFFIN: Objection. Leading, Your Honor.
MR. MEADORS: What is it? I'm sorry.
JUDGE NEWMAN: The objection is sustained.
MR. MEADORS: How do you describe that in your world, everyday living, and in your examining it? How do you describe those particles inside of a garment that you're supposed to wear with the outside outside?
MEGAN FLETCHER: Typically people wear their clothing right side out, and so if they're in the vicinity to the discharge of a shooting, that's where the particles are going to land.
MR. MEADORS: On the outside?
MEGAN FLETCHER: Yes, sir.
MR. MEADORS: And Mr. Griffin asked you about, I think, a hypothetical of, for instance, his father's gun had laid on it if it was in a truck, would the 38 particles inside of the rain jacket be consistent with a recently fired firearm being contained inside.
MEGAN FLETCHER: It could be, yes.
MR. MEADORS: With a recently side firearm being carried inside of that rain jacket.
MEGAN FLETCHER: Just inside the rain jacket. I don't know that it matters if you're carrying it.
MR. MEADORS: Okay, but you're very technical and precise. Okay, but if you were carrying it and you had a gun inside that rain jacket that had recently fired, and you were taking it somewhere to hide it or transport it, would the 38 particles inside, inside the rain jacket, be consistent with transfer from a recently fired firearm?
MEGAN FLETCHER: That is a possibility, yes, sir.
MR. MEADORS: And, again, how did you describe those 38 particles in your world?
MEGAN FLETCHER: They're unusual because they're only interior of a garment, and it --
MR. MEADORS: Unusual -- go ahead.
MEGAN FLETCHER: And it is a large number.
MR. MEADORS: Unusual because they're on the interior of the garment and an unusual number.
MEGAN FLETCHER: Well, a large number.
MR. GRIFFIN: Your Honor, he's just repeating her answers. I object.
MR. MEADORS: Her last answer, for the record, was a large number.
MEGAN FLETCHER: Yes, sir.
MR. MEADORS: Thank you. That's all.
JUDGE NEWMAN: Further examination?
RECROSS-EXAMINATION
BY MR. GRIFFIN:
MR. GRIFFIN: Very briefly. Agent Fletcher, what I gathered, there's just a whole lot of possibilities of what could have happened, right?
MEGAN FLETCHER: That's correct.
MR. GRIFFIN: And the only thing you can tell us is what you saw under a microscope.
MEGAN FLETCHER: Yes, sir.
MR. GRIFFIN: You can't tell this jury how it got there, right?
MEGAN FLETCHER: That's correct.
MR. GRIFFIN: Or when it got there?
MEGAN FLETCHER: That's correct.
MR. GRIFFIN: And -- okay, and I forgot to ask one further question. A rim fire gun, does it produce gunshot primer residue?
MEGAN FLETCHER: Rim fire ammunition does produce gunshot primer residue. Some don't produce the traditional lead, barium, and antimony. Others do. It just depends on what type of ammunition is used.
MR. GRIFFIN: All right. Thank you.
JUDGE NEWMAN: You may step down.
MEGAN FLETCHER: Thank you.
(The witness exited the stand.)