Nathan Tuten — Direct/Cross/Redirect
592 linesJUDGE NEWMAN: Your next witness?
MR. FERNANDEZ: State calls Nathan Tuten.
The witness, NATHAN TUTEN, was first duly sworn and testified as follows:
COURT CLERK: Take a seat in the witness stand. Pull the mic down to you. State your name again for the record. Spell your last name.
NATHAN TUTEN: Nathan Tuten, T-u-t-e-n.
DIRECT EXAMINATION
BY MR. FERNANDEZ:
MR. FERNANDEZ: Nathan, good afternoon. How are you doing?
NATHAN TUTEN: Good, how about you?
MR. FERNANDEZ: Doing well. Why don't you tell this jury a little bit about yourself, where you grew up, where you went to school, start there.
NATHAN TUTEN: I'm from Hampton, South Carolina. I graduated from Wade Hampton High School in 2018. I have a degree in criminal justice from the University of South Carolina. Graduated in '21.
MR. FERNANDEZ: And, Nathan, it's hard to pick up you on the mic, so if you would, I know it's -- pull it as close as you can and just try to speak into it so we can all hear you. Okay. So, I think you said you graduated high school in 2018, and you got a degree from where?
NATHAN TUTEN: The University of South Carolina.
MR. FERNANDEZ: And what filed field was it in?
NATHAN TUTEN: Criminal justice.
MR. FERNANDEZ: And what year did you graduate USC?
NATHAN TUTEN: '21.
MR. FERNANDEZ: And what do you currently do for a living?
NATHAN TUTEN: I'm a law enforcement officer.
MR. FERNANDEZ: Okay. With what organization?
NATHAN TUTEN: Walterboro Police Department.
MR. FERNANDEZ: All right, and describe your job responsibilities. What you do as a Walterboro police officer?
NATHAN TUTEN: I enforce the laws of the state and serve and protect.
MR. FERNANDEZ: Do you work in road patrol right now?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: All right. Nathan, growing up in this area, were you childhood friends with Paul Murdaugh?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: When is the first time you met Paul?
NATHAN TUTEN: Lifelong friends, very young age.
MR. FERNANDEZ: Growing up in Hampton, knew him as a kid?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Well, tell us a little bit about Paul. What do you remember about him. Tell us the kind of guy he was.
NATHAN TUTEN: Paul was the definition of a good person and a good friend. He was very loyal, salt of the earth kind of guy. He would do anything for you at any given moment no matter the time.
MR. FERNANDEZ: And what kind of things that Paul -- you all liked to do together?
NATHAN TUTEN: We liked to hunt, fish, and just hang out with friends.
MR. FERNANDEZ: Okay. Was Paul the kind of guy, the kind of friend that you would kind of call a reliable friend?
NATHAN TUTEN: Absolutely.
MR. FERNANDEZ: All right. Was he the kind of kid that would be there for you if you needed help with anything?
NATHAN TUTEN: Absolutely.
MR. FERNANDEZ: How close -- did you spend a lot of time together with Paul through the years?
NATHAN TUTEN: I did, yes, sir.
MR. FERNANDEZ: Did Paul have a cell phone?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: Did he like to use his cell phone?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: How would you describe it?
NATHAN TUTEN: He was on his phone all the time.
MR. FERNANDEZ: Okay. In addition to being on his phone all the time, was he the kind of guy that if you needed something or reached out to him, he was going to respond back to you?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Was he going to call you back if you called him if he missed a phone call?
NATHAN TUTEN: Yes.
MR. FERNANDEZ: Would you expect him to pick up if you called him?
NATHAN TUTEN: Yes.
MR. FERNANDEZ: All right. Did you get to know Maggie also?
NATHAN TUTEN: I did.
MR. FERNANDEZ: All right. Tell us a little bit about her.
NATHAN TUTEN: Maggie was probably one of the sweetest ladies I've ever met in my life. She always looked out for Paul's friends and was a second mom to me.
MR. FERNANDEZ: And having spent a lot of time with Paul, did you also spend a lot of time with Maggie?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: And then did you also get to know Alex?
NATHAN TUTEN: I did.
MR. FERNANDEZ: His dad -- is Alex here today?
NATHAN TUTEN: Yes, he is.
MR. FERNANDEZ: Can you tell me where he is?
NATHAN TUTEN: He's sitting at that table wearing a blue jacket.
MR. FERNANDEZ: And did you get to know him very well --
NATHAN TUTEN: I did.
MR. FERNANDEZ: -- through the years? Did you know the family before they moved their primary residence out to the -- what we call Moselle? Did you know them before then?
NATHAN TUTEN: I did.
MR. FERNANDEZ: Okay. Were you there when they moved or obtained Moselle and started using that as a residence?
NATHAN TUTEN: I was.
MR. FERNANDEZ: All right. When Moselle was first constructed, how many entrances and exits were there?
NATHAN TUTEN: Just one.
MR. FERNANDEZ: And which one was that?
NATHAN TUTEN: That was the one by the cabin, or the one that leads to the sheds.
MR. FERNANDEZ: Okay, and the sheds meaning -- is that the dog kennels and the hangar area?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: And the cabin I think you referred to, is there a cabin on the -- at the front of that entrance?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Okay, and who put the mailbox in there?
NATHAN TUTEN: I believe it was Maggie.
MR. FERNANDEZ: And tell us about that cabin. Tell us where it's situated and why you know so much about it.
NATHAN TUTEN: My freshman year of college, Paul and I actually lived together at the cabin.
MR. FERNANDEZ: So, it's like a small house basically?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: And, and where is it situated in regards to the hangar area?
NATHAN TUTEN: A little bit closer to the highway.
MR. FERNANDEZ: How many feet, or how many -- how far away?
NATHAN TUTEN: 100 yards maybe.
MR. FERNANDEZ: And so you lived there, I think you said, for the summer?
NATHAN TUTEN: Just a semester.
MR. FERNANDEZ: Semester?
NATHAN TUTEN: Uh-huh.
MR. FERNANDEZ: All right. What was -- how would you describe yours and Paul's friendship? How would you -- how often would you guys communicate a day?
NATHAN TUTEN: Just about every day, every day or every other day.
MR. FERNANDEZ: Phone calls?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Text?
NATHAN TUTEN: Primarily phone calls.
MR. FERNANDEZ: And later in life, did Paul go to school?
NATHAN TUTEN: He did.
MR. FERNANDEZ: Where did he go?
NATHAN TUTEN: USC.
MR. FERNANDEZ: And that's located where?
NATHAN TUTEN: Columbia.
MR. FERNANDEZ: And did you see him whenever he would come back into town?
NATHAN TUTEN: I would.
MR. FERNANDEZ: Would he come back frequently?
NATHAN TUTEN: No, sir.
MR. FERNANDEZ: At the college level, at the college years?
NATHAN TUTEN: No, sir.
MR. FERNANDEZ: When would you see him? Would you see him in the summers when school was out?
NATHAN TUTEN: A good bit.
MR. FERNANDEZ: All right, and I think you mentioned before y'all did a lot of fishing and a lot of hunting. Are you familiar with firearms in general?
NATHAN TUTEN: I would say so.
MR. FERNANDEZ: Did you -- did Paul have any guns that he favored, ones that he kept on him and kept with him most of the time?
NATHAN TUTEN: He did.
MR. FERNANDEZ: All right. Well, tell us a little bit about -- you know, however you want to describe those two guns.
NATHAN TUTEN: The two guns that were with us most of the time was a Black 300 Blackout and a camouflage 12 gauge Super Black Eagle 3.
MR. FERNANDEZ: And the black 300 Blackout, what was that firearm used for primarily?
NATHAN TUTEN: Anything.
MR. FERNANDEZ: Did you use it for hunting?
NATHAN TUTEN: I did.
MR. FERNANDEZ: Now, what would you hunt with that gun?
NATHAN TUTEN: Anything.
MR. FERNANDEZ: Did it have the scope? I think you say there's a scope on the top, or some sort of sight. How would you describe that?
NATHAN TUTEN: Thermal scope.
MR. FERNANDEZ: Meaning you could see heat?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Okay, and describe the Benelli shotgun that you just mentioned, also. What did it look like and how did you know it was Paul's?
NATHAN TUTEN: It had a very distinct digital camouflaged pattern. And he had a gun strap that he has used since I've known him, and that's what stayed on that shotgun.
MR. FERNANDEZ: Do you know what the differences between, you know, Benelli Super Black Eagle models? And I think we've heard three and two and one. Do you know the differences between the various models?
NATHAN TUTEN: I do.
MR. FERNANDEZ: Okay. So when you look at it, they have distinctive features on them that would tell you whether it's a three or a two or a one?
NATHAN TUTEN: Very subtle differences, but yes.
MR. FERNANDEZ: But you feel comfortable that you know the difference?
NATHAN TUTEN: Uh-huh.
JUDGE NEWMAN: Is that a yes or no?
NATHAN TUTEN: Yes, sir. Sorry.
MR. FERNANDEZ: I'm going to show you what's already entered in evidence as State's Exhibit 88.
MR. FERNANDEZ: Permission to approach the witness?
JUDGE NEWMAN: Yes.
MR. FERNANDEZ: Nathan, I'm handing you what's been marked and entered into evidence as State's Exhibit 88. Do you feel comfortable taking this for a second and telling me if you know what it is?
NATHAN TUTEN: I do.
MR. FERNANDEZ: There you go. Be aware of the muzzle.
NATHAN TUTEN: This is Paul's rifle.
MR. FERNANDEZ: Okay, and you know that because you've used this a bunch of times?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Okay. I'll also now show you what's entered into evidence as State's Exhibit Number 4, which I hope is this one. This is State's Exhibit 4. Do you feel comfortable taking a look at this for me for a second and let me know if you know which firearm this is?
NATHAN TUTEN: I do. This is Paul's shotgun.
MR. FERNANDEZ: How do you know?
NATHAN TUTEN: I've used it several times, and the distinct camouflage pattern, along with Paul's gun strap.
MR. FERNANDEZ: This strap in particular is Paul's?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: How do you know this is a Model 3 Benelli Super Black Eagle?
NATHAN TUTEN: Would you like me to explain?
MR. FERNANDEZ: Absolutely.
NATHAN TUTEN: So there are a few subtle differences, one being the forearm grip. The Super Black Eagle 3 has a slight flare or increase in curve. Another difference would be the trigger magazine port has an indention that allows you to insert shotshells easier. The Super Black Eagle 2 and previous models don't have that. Another difference would be the button that releases the bolt, which makes the weapon operable. The previous model, the original Number 2, are circular, whereas this one is more rectangular. The easiest way to tell the difference is the label 2 and 3.
MR. FERNANDEZ: Thank you. I'm going to show you now what's been entered into evidence as State's Exhibit 91. Do you feel comfortable handling this gun for a second and let me know if you recognize what it is?
NATHAN TUTEN: I do.
MR. FERNANDEZ: Okay. Do you recognize what this gun is?
NATHAN TUTEN: I recognize that as Buster Murdaugh's shotgun.
MR. FERNANDEZ: Okay. What model it this?
NATHAN TUTEN: A Super Black Eagle 2.
MR. FERNANDEZ: And you know it's a 2 because of other features you just mentioned and pointed out to the jury?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Would you do that again, and tell us why you know that's a 2?
NATHAN TUTEN: Like I mentioned earlier, there's slight flare on the 3. This is straighter; one area does not have the indention for the magazine port, and the button is circular.
MR. FERNANDEZ: And you said it was Buster's shotgun. How do you know that?
NATHAN TUTEN: The Mojo sticker on the barrel.
MR. FERNANDEZ: The sticker at the top of the barrel there?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: You are familiar with it, Mojo?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Did Alex have a gun that he favored, a shotgun?
NATHAN TUTEN: He did.
MR. FERNANDEZ: What was one that he favored?
NATHAN TUTEN: It was a Super Black Eagle original, a black shotgun.
MR. FERNANDEZ: Are you familiar -- did Paul have a 300 Blackout rifle prior to the black one you just identified?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: All right. Were you familiar with what happened to that firearm, the original one?
NATHAN TUTEN: I am.
MR. FERNANDEZ: All right. Tell us the story.
NATHAN TUTEN: It was a party and he had -- it was a -- there was a black 300 Blackout and a tan 300 Blackout. He had the tan one and it got stolen from a party one night.
MR. FERNANDEZ: Can you speak up?
NATHAN TUTEN: It was stolen from a party one night.
MR. FERNANDEZ: Do you know what year that was, approximate year?
NATHAN TUTEN: I would say early 2018.
MR. FERNANDEZ: And that was the -- that firearm that was stolen was what color again?
NATHAN TUTEN: Tan.
MR. FERNANDEZ: Tan. All right. At what point in the Moselle property was the -- what year, approximate year was the second entrance created, that one with the brickwork?
NATHAN TUTEN: I'm not sure.
MR. FERNANDEZ: It was a few years, though, after they owned the property, the family had owned the property?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Was it common to use either entrance by the family to leave and enter the property?
NATHAN TUTEN: Yes and no.
MR. FERNANDEZ: All right. Well, explain.
NATHAN TUTEN: Paul and I would use -- and friends would use the entrance by the sheds more, whereas Alex and Maggie would use the main gate entrance more.
MR. FERNANDEZ: If you all -- and let me ask you. What was going -- what was the -- before we get to my next question, the hanger area with the kennels, are you familiar with it?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Would you describe to the jury just the very basic layout of that area?
NATHAN TUTEN: It was kennels as you were riding into the driveway. The kennels would be on your left, the shed or hangar would be directly on your right. There was another shed that they had built in front of the hangar, and there was a skin shed for animals at the right.
MR. FERNANDEZ: And would you spend a lot of time down at the hangar area and kennel area?
NATHAN TUTEN: We would.
MR. FERNANDEZ: Why would y'all hang out there? Why was that the -- kind of the collection place?
NATHAN TUTEN: It was just a central location where everything was located.
MR. FERNANDEZ: Tools?
NATHAN TUTEN: Correct.
MR. FERNANDEZ: And fire -- farm equipment?
NATHAN TUTEN: Correct.
MR. FERNANDEZ: If you all were spending time down at the kennels and someone was leaving the house, would it be common for them that someone, whether it's, you know, Alex or Maggie, to stop by on their way out leaving the property?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: That would be what would normally happen?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: I'm going to play what's been marked as -- I'm going to show you what's been -- not marked but entered into evidence was State's Exhibit 297. If you would, if you have a little screen there, if you wouldn't mind watching that for me and listening.
(The video was played. Audio not transcribed.)
MR. FERNANDEZ: Could you hear voices on that video that we just played?
NATHAN TUTEN: I do.
MR. FERNANDEZ: Whose voices did you hear?
NATHAN TUTEN: Paul Murdaugh's, Maggie Murdaugh's, and Alex Murdaugh's.
MR. FERNANDEZ: Could you tell where they were located in that video? Did you get a sense of where that was?
NATHAN TUTEN: Dog kennels.
MR. FERNANDEZ: The kennels down at the hangar area?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: We heard yelled out a name called Bubba. Are you familiar with Bubba?
NATHAN TUTEN: I am.
MR. FERNANDEZ: Who's Bubba?
NATHAN TUTEN: Paul's dog.
MR. FERNANDEZ: All right. What kind of dog is he?
NATHAN TUTEN: A yellow lab.
MR. FERNANDEZ: Is he a trained -- or was he a -- was he house pet or a pet?
NATHAN TUTEN: At that time, yeah.
MR. FERNANDEZ: Was he also trained to hunt or be a hunting dog or bird dog?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Did Bubba have a -- well, describe Bubba. How would you describe Bubba?
NATHAN TUTEN: Hard-headed.
MR. FERNANDEZ: Did Bubba have a thing where he liked to chase chickens?
NATHAN TUTEN: I would say yeah.
MR. FERNANDEZ: If a chicken got out of the pen, would he chase it?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Have you ever been there when he caught chickens?
NATHAN TUTEN: He would chase anything.
MR. FERNANDEZ: Were you ever there when he caught birds, though, that would come down to that coop?
NATHAN TUTEN: He's tried. Would I say I've seen him? No.
MR. FERNANDEZ: Were you aware then that Bubba -- were you aware that Bubba would chase those chickens?
NATHAN TUTEN: Absolutely.
MR. FERNANDEZ: And had you been aware that he'd killed chickens before by getting them?
NATHAN TUTEN: I have.
MR. FERNANDEZ: Have you ever had to wrestle anything out of Bubba's mouth and try to catch him when he doesn't want to get caught?
NATHAN TUTEN: Tried to catch him.
MR. FERNANDEZ: And if he doesn't want to be caught, what's going to happen?
NATHAN TUTEN: You're not catching him.
MR. FERNANDEZ: Did you begin working at the law firm we've heard called PMPED?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: All right. When did you start working there?
NATHAN TUTEN: I believe it was February of 2019.
MR. FERNANDEZ: Okay, and what was your job there?
NATHAN TUTEN: I was a runner.
MR. FERNANDEZ: Runner for the law firm in general?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Without specifically -- not, you know, talking about the work you did for Alex, but what kind of work would you do there generally?
NATHAN TUTEN: Be a courier for court documents to different courthouses and law offices across the state. Assist paralegals and attorneys with really whatever they needed. Just help around the office.
MR. FERNANDEZ: And you worked there from 2019 until -- when is the last time you worked there?
NATHAN TUTEN: I want to say it was May of '21.
MR. FERNANDEZ: Okay. So after -- so May of 2021 or --
NATHAN TUTEN: Excuse me, 2022.
MR. FERNANDEZ: 2022. So, you would have continued to work there through the tragic events of June 7, 2021?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: So, you saw the upheaval at the law firm as well? You witnessed that?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Nathan, I'm going to direct your attention to the weekend leading up to June 7th. Could you tell us little bit about the -- any communications you would have had with Paul leading up to June 7th? Did y'all talk any leading up to it?
NATHAN TUTEN: To the best of my memory, we spoke that Saturday; I think he called me over the weekend.
MR. FERNANDEZ: Did it seem like a normal conversation?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: And what were y'all talking about?
NATHAN TUTEN: He was going to Charleston, I believe, and he was talking on the way.
MR. FERNANDEZ: Is that the last time you talked to Paul?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: How were you made aware of what happened? How did you find out?
NATHAN TUTEN: I received a phone call from my mother the night of. I'm not sure how she knew, but shortly after I received a phone call from one of the law partners that told me.
MR. FERNANDEZ: And they called you because they knew you were close with Paul?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Where were you living at the time?
NATHAN TUTEN: I was living with another friend of mine in Allendale County.
MR. FERNANDEZ: And did you go out there that night?
NATHAN TUTEN: I did not.
MR. FERNANDEZ: Did you attend he funeral and wake?
NATHAN TUTEN: I did.
MR. FERNANDEZ: Is that the last time you went to Moselle?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: After these events, how did it affect you?
NATHAN TUTEN: It was hard. He was a really good friend and a really good person.
MR. FERNANDEZ: After these events, I think you said already, but you continued to work at the law firm?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: How -- was Alex, was he out of the office during -- for some time after this event on June 7th?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Did he eventually start coming back into the office?
NATHAN TUTEN: A little bit.
MR. FERNANDEZ: Did you have an opportunity or an occasion, or multiple occasions, to do running for Alex?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: And this is both -- this would be before the murder?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Tell us a little bit about what Alex would have you do.
NATHAN TUTEN: If I need to pick up court document from different law firms or courthouses, drive him to depositions, cash checks, simple things.
MR. FERNANDEZ: Sorry, you said cash checks?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: He had you cash checks for him?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: All right. Well, tell me. Where would he send you to cash the checks?
NATHAN TUTEN: Palmetto State Bank.
MR. FERNANDEZ: What were your instructions for that?
NATHAN TUTEN: Cash a check.
MR. FERNANDEZ: And what would you do with the money?
NATHAN TUTEN: Take it back to his office and --
MR. FERNANDEZ: Like cash?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Was it in an envelope or were you just holding it?
NATHAN TUTEN: It was in a Palmetto State envelope.
MR. FERNANDEZ: And you would take that envelope of cash, and where would you bring it?
NATHAN TUTEN: Back to his office.
MR. FERNANDEZ: All right, and just hand it to him?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: How many times did he have you cash checks like that?
NATHAN TUTEN: Very frequently.
MR. FERNANDEZ: Very frequently?
NATHAN TUTEN: Correct.
MR. FERNANDEZ: Many times?
NATHAN TUTEN: Many times.
MR. FERNANDEZ: Was there ever a time when you cashed that check there was a roomful of -- or, I mean, has there ever been a time when you cashed the back, brought it back to Alex's office, and there was someone in his office?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Multiple people, right? Is that correct?
NATHAN TUTEN: Correct.
MR. FERNANDEZ: Tell us who those folks were that you -- would have been there when Alex was sending you to get cash, coming back with the cash and there is someone sitting in his office.
NATHAN TUTEN: It was different occasions. One particular occasion was Greg Alexander.
MR. FERNANDEZ: Who is he?
NATHAN TUTEN: I believe he's the chief of police for Yemassee.
MR. FERNANDEZ: Okay.
NATHAN TUTEN: Cory Fleming.
MR. FERNANDEZ: Do you know Cory Fleming?
NATHAN TUTEN: I do.
MR. FERNANDEZ: What did he do?
NATHAN TUTEN: He was an attorney as well. He was Alex's best friend.
MR. FERNANDEZ: Okay, and who else?
NATHAN TUTEN: And Chris Wilson.
MR. FERNANDEZ: Do you know who Chris Wilson is?
NATHAN TUTEN: I do.
MR. FERNANDEZ: Who is he?
NATHAN TUTEN: He's an attorney in Bamberg, I believe.
MR. FERNANDEZ: When did Alex stop asking you to cash checks? What was the timeframe?
NATHAN TUTEN: I believes it was a few weeks before the murders, so --
MR. FERNANDEZ: A few weeks. You've been doing this a lot, and a few weeks before the murder he asked you -- he doesn't ask you to cash any more checks.
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Did you have an opportunity, or were you assigned to assist -- or let me ask you this. Do you know who Jeannie Seckinger is?
NATHAN TUTEN: I am.
MR. FERNANDEZ: And who is she, and who was she at the time to you back in 2021?
NATHAN TUTEN: She was my immediate supervisor.
MR. FERNANDEZ: And were you ever -- after the events of June 7th, were you assigned and tasked to assist her in her investigation of financial improprieties within the firm?
NATHAN TUTEN: In some ways, yes.
MR. FERNANDEZ: All right.
MR. FERNANDEZ: Beg the Court's indulgence.
(Break in proceedings.)
MR. FERNANDEZ: All right, and continuing, you were assigned to assist Jeannie, and what kind of things were you doing in that, you know, capacity?
NATHAN TUTEN: We would look through different cases. She would have me get cases from probate court, go through and highlight clear checks and if I found a discrepancy, to bring it to her.
MR. FERNANDEZ: Did you understand the scope and, and what you were looking for? Did she kind of involve you in that?
NATHAN TUTEN: Somewhat.
MR. FERNANDEZ: Did you figure out kind of shortly thereafter what you were looking for, or what the reason was?
NATHAN TUTEN: I would say so.
MR. FERNANDEZ: I'm going to direct your attention to July of 2021, specifically July 4th -- or the July 4th timeframe. Do you have that in your brain?
NATHAN TUTEN: I do.
MR. FERNANDEZ: Did you drive Alex to the airport?
NATHAN TUTEN: I did.
MR. FERNANDEZ: Tell us about that. Why did you drive him to the airport?
NATHAN TUTEN: Well, at the time I was still a runner and he asked me to give him a lift to the airport, so that's what I did.
MR. FERNANDEZ: Where was he going?
NATHAN TUTEN: I believe he was going to the Florida Keys with Maggie's family.
MR. FERNANDEZ: So, he's going on vacation to the Keys on July 4th weekend, or July 4th timeframe?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: And did you, in fact, drive him to the airport?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Did you have a chance -- did he say anything to you on that ride to the airport?
NATHAN TUTEN: We talked.
MR. FERNANDEZ: Did he tell you anything about the boat case?
NATHAN TUTEN: He did.
MR. FERNANDEZ: What did he say?
NATHAN TUTEN: He said that he would like to clear Paul's name.
MR. FERNANDEZ: And do what, and beat the boat case?
NATHAN TUTEN: Beat the boat case.
MR. FERNANDEZ: So, now with Paul gone, he's talking about he can beat the boat case.
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: This is a month after the murder?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Beg the Court's indulgence.
(Break in proceedings.)
MR. FERNANDEZ: Nothing further, Your Honor. Thank you.
JUDGE NEWMAN: Yes, sir?
MR. GRIFFIN: Please the Court?
CROSS-EXAMINATION
BY MR. GRIFFIN:
MR. GRIFFIN: Good afternoon.
NATHAN TUTEN: Good afternoon.
MR. GRIFFIN: It was very important to Alex to clear Paul's name from the accusations in the boating case, wasn't it?
NATHAN TUTEN: I don't know.
MR. GRIFFIN: That's what he told you, right?
NATHAN TUTEN: Yeah. That's what he said, but I don't know what he was thinking.
MR. GRIFFIN: Well, you know that he stood behind Paul all throughout the boating case, the criminal part, right?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: And a lot of people in the Hampton community turned their backs on Paul, didn't they?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: You didn't, did you?
NATHAN TUTEN: No, sir.
MR. GRIFFIN: Alex and Maggie didn't, did they?
NATHAN TUTEN: No, sir.
MR. GRIFFIN: Your brother didn't, did he?
NATHAN TUTEN: No, sir.
MR. GRIFFIN: And are you sure it was July 4th?
NATHAN TUTEN: The week of the 4th, that's correct.
MR. GRIFFIN: Okay, and he was going to Florida on a vacation and visiting with Maggie's parents, Maggie's sister, and brother-in-law. You understood that?
NATHAN TUTEN: Yes, sir.
MR. GRIFFIN: Now, you were talking about you went and got some -- cashing some checks with -- for Alex, and sometimes you would come back, give him the cash, and you mentioned that Greg Alexander was in his office one time, Cory Fleming one time, and Chris Wilson one time. Do you remember that?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: What did you do when you walk in? Just give the envelope to Alex?
NATHAN TUTEN: Yes, sir.
MR. GRIFFIN: Did you sit down and see what he did with the money?
NATHAN TUTEN: Not at all.
MR. GRIFFIN: Are you suggesting that he was giving Greg Alexander any of the money?
NATHAN TUTEN: I'm not suggesting anything.
MR. GRIFFIN: Okay. Do you know if that's what the Attorney General was trying to suggest by asking you that?
MR. FERNANDEZ: Objection, Your Honor.
JUDGE NEWMAN: Sustained.
MR. GRIFFIN: You've known Paul -- or you knew Paul all of his life for the most part, correct?
NATHAN TUTEN: Correct.
MR. GRIFFIN: And how old are you?
NATHAN TUTEN: Twenty-three.
MR. GRIFFIN: And I think you described Alex and Maggie as kind of your second parents.
NATHAN TUTEN: That's correct.
MR. GRIFFIN: And you spent a lot of time at Moselle. You hunted with Paul and Buster, too, I take it.
NATHAN TUTEN: That's correct.
MR. GRIFFIN: And you lived there at that cabin you talked about right there on the edge of Moselle Road, right?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: Okay, and Paul's go-to guns were a 300 Blackout and the 12 gauge Benelli that you identified here in the courtroom, right?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: But you knew that Paul had originally been given a 300 Blackout for Christmas that had been stolen, correct?
NATHAN TUTEN: Correct.
MR. GRIFFIN: Did you go to the party with Paul and he had the 300 Blackout in his truck, go into the party, come back and it's gone?
NATHAN TUTEN: Not exactly how it happened.
MR. GRIFFIN: How did it happen?
NATHAN TUTEN: He didn't realize it was missing for a few days.
MR. GRIFFIN: And Paul would never lock his truck, would he?
NATHAN TUTEN: No, sir.
MR. GRIFFIN: And he would leave guns in his truck, right?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: Did you know that that 300 Blackout had been replaced?
NATHAN TUTEN: I did not.
MR. GRIFFIN: Okay. When did you learn that?
NATHAN TUTEN: This trial.
MR. GRIFFIN: During the trial.
NATHAN TUTEN: That's correct.
MR. GRIFFIN: But up until the trial, you never knew that it had been replaced.
NATHAN TUTEN: No.
MR. GRIFFIN: But you had seen Paul use the 300 Blackout you identified as his go-to gun, correct?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: And the 300 Blackout that you identified has a thermal scope, did it not?
NATHAN TUTEN: Correct.
MR. GRIFFIN: And whose gun did you think got stolen, Paul's or Buster's?
NATHAN TUTEN: I would assume Paul's.
MR. GRIFFIN: Well, are you aware that the 300 Blackout replacement did not have a thermal scope?
NATHAN TUTEN: I didn't know about the gun then, no.
MR. GRIFFIN: So, do you know whether or not this is Buster's 300 Blackout sitting here in the courtroom?
NATHAN TUTEN: That is the gun that I used at Moselle.
MR. GRIFFIN: Okay. Now, when Paul would clean his truck out, he would take -- well, let me back up. Did Paul normally keep guns in his truck?
NATHAN TUTEN: Correct.
MR. GRIFFIN: 300 Blackout, 12 gauge. Anything else?
NATHAN TUTEN: Sometimes pistols.
MR. GRIFFIN: And there were times when Paul would clean his truck out, and then he would take the guns and leave them in the shed down there by the kennels, correct?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: And sometimes he would forget that he left them down there, right?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: And I think you described him as being careless with leaving guns around. Is that right?
NATHAN TUTEN: I would say so.
MR. GRIFFIN: And he had even left guns in your truck, right?
NATHAN TUTEN: Correct.
MR. GRIFFIN: Now, Paul was a guy who liked to work with his hands outside, correct?
NATHAN TUTEN: Correct.
MR. GRIFFIN: And he loved the Moselle property. Is that right?
NATHAN TUTEN: I would say so.
MR. GRIFFIN: And he liked to -- liked to work the land with the equipment and plant for game management, for duck hunting and dove hunting and things like that, right?
NATHAN TUTEN: Correct.
MR. GRIFFIN: And to do that, you know, he was -- wasn't always on his phone, right? I mean, he liked to work with his hands. Is that fair to say?
NATHAN TUTEN: I wouldn't say that altogether. I mean, he would take several breaks while he was working with his hands.
MR. GRIFFIN: Right, and I think you've described him, he would put his phone down while he was doing some work and then he would forget where it was. He would lose it and he would go back and find it later.
NATHAN TUTEN: That's correct.
MR. GRIFFIN: That happened fairly regularly, didn't it?
NATHAN TUTEN: I would say so.
MR. GRIFFIN: And you listened to the video that was played. Did you hear water running in the background?
NATHAN TUTEN: I'm not sure.
MR. GRIFFIN: What kind of work would Paul do down there by the kennels?
NATHAN TUTEN: What do you mean?
MR. GRIFFIN: I mean, you know, would he -- if Bubba or the other dog had messed in their dog run, would he clean it up?
NATHAN TUTEN: Yeah, I'd say so.
MR. GRIFFIN: And if he did that, you know, perhaps he would put his phone down while he did that so it wouldn't get wet?
NATHAN TUTEN: I would assume so.
MR. GRIFFIN: That's a reasonable thing to do, right?
NATHAN TUTEN: I would say so.
MR. GRIFFIN: Okay. Now, you were close with Alex, Maggie, Paul, and Buster, you and your brother were, right?
NATHAN TUTEN: Yes, sir.
MR. GRIFFIN: You were able to observe Alex's relationship with Paul, right?
NATHAN TUTEN: Yes, sir.
MR. GRIFFIN: How would you describe it?
NATHAN TUTEN: I would say it was a very loving relationship.
MR. GRIFFIN: And -- okay, and how would you describe Alex's relationship with Maggie?
NATHAN TUTEN: I would describe it the same.
MR. GRIFFIN: One second, Your Honor.
(Break in proceedings.)
MR. GRIFFIN: Did -- to your knowledge, did -- was -- after the boating accident, did Paul receive threats of any kind?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: What kind of threats were you aware of?
NATHAN TUTEN: Just threats that he would say people would text him, different social media platforms, but he didn't really go into any detail or anything.
MR. GRIFFIN: I'm sorry, I didn't --
NATHAN TUTEN: Didn't go into very vivid detail about anything. He would just --
MR. GRIFFIN: And his circle of friends got really close, tight, after the boating accident, and you were -- you and your brother, I mean, he talked to y'all frequently, did he not?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: And then he would go to Charleston and visit with friends down there, correct?
NATHAN TUTEN: That's correct.
MR. GRIFFIN: But he didn't feel comfortable, you know, in the Hampton area where he lived because of the boating accident. Is that right?
NATHAN TUTEN: He stayed away.
MR. GRIFFIN: Yes, sir.
MR. GRIFFIN: That's all I have. Thank you.
JUDGE NEWMAN: Redirect?
REDIRECT EXAMINATION
BY MR. FERNANDEZ:
MR. FERNANDEZ: Nathan, you were asked about threats to Paul. Did you ever know that Maggie received any threats?
NATHAN TUTEN: I'm not aware of any.
MR. FERNANDEZ: I'm going to ask you. You know, counsel asked you a about -- a little bit about the kennel and asked if you heard water. Are you familiar with how generally the kennels were cleaned? Were you there when the kennels would be cleaned?
NATHAN TUTEN: Sometimes.
MR. FERNANDEZ: Okay. Generally speaking, describe the kennels for me. What was actually inside one of the kennels runs?
NATHAN TUTEN: The kennels had a dog house, beds in the dog house. It was kind of a concrete pad.
MR. FERNANDEZ: And if you're going to rinse off the kennels, what would you do with the dog bed?
NATHAN TUTEN: You would put it on top of dog house.
MR. FERNANDEZ: Okay, and why was that?
NATHAN TUTEN: So it wouldn't get wet.
MR. FERNANDEZ: And what -- would you just leave the -- would the family, or if you were cleaning it, leave the dog bed up on the top of the kennel, or were they going to bring it down when the kennel -- after a certain point in time?
NATHAN TUTEN: You would wait for it to dry and then bring the bed.
MR. FERNANDEZ: If the family -- if you were down there or anyone was down there at the kennel area and it was nighttime, would you turn the lights on?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: Are there sufficient lights out there to make it a fairly well lit area if all the lights are on?
NATHAN TUTEN: I would say so.
MR. FERNANDEZ: If you're at the main house and the lights are on down at the kennels, can you see that area from the house?
NATHAN TUTEN: Yes.
MR. FERNANDEZ: Would it be very visible to you to see that there's lights on down there?
NATHAN TUTEN: Yes.
MR. FERNANDEZ: Would the fans -- are there fans in the kennel area?
NATHAN TUTEN: There are.
MR. FERNANDEZ: Would the fans be left on generally for the dogs?
NATHAN TUTEN: Generally.
MR. FERNANDEZ: And, again, if anyone was down there working, would the lights be turned on?
NATHAN TUTEN: Yes, sir.
MR. FERNANDEZ: No further questions.
MR. WATERS: David.
(Break in proceedings.)
JUDGE NEWMAN: Anything further?
MR. FERNANDEZ: One second, Your Honor.
(Break in proceedings.)
BY MR. FERNANDEZ:
MR. FERNANDEZ: All right, counsel asked you a question about Paul's phone usage, and I think you said Paul uses his hands and what he would do with his phone. Do you recall if Paul didn't -- if Paul did have to use his phone, would he put it in any of his pockets?
NATHAN TUTEN: If he was working outside in that capacity, the pocket he would put it in would be his back pocket.
MR. FERNANDEZ: And that was the common thing he would do almost nearly every time?
NATHAN TUTEN: That's correct.
MR. FERNANDEZ: Nothing further. Thank you, Your Honor.
JUDGE NEWMAN: Anything further? Just a moment, sir.
MR. GRIFFIN: Nothing, Your Honor. Thank you.
JUDGE NEWMAN: You may step down.
(The witness exited the stand.)
JUDGE NEWMAN: All right, ladies and gentlemen, that will do it for this day. Please, if you'll have a good weekend and we'll see you at 9:30 Monday morning.
(The jury left the courtroom.)
JUDGE NEWMAN: Everyone be seated, please. Anything before we adjourn?
MR. HARPOOTLIAN: Your Honor, purely scheduling purposes, a week from Monday is President's Day. It's a state holiday. Are we going to have court or not?
JUDGE NEWMAN: I do not anticipate having court on President's Day.
MR. HARPOOTLIAN: I'm sorry?
JUDGE NEWMAN: I do not anticipate having court on President's Day. We also will adjourn hopefully no later than had 4:30 next Thursday.
MR. HARPOOTLIAN: 4:30, just for that day?
JUDGE NEWMAN: Next Thursday.
MR. HARPOOTLIAN: Next Thursday, but we will be in court on Friday.
JUDGE NEWMAN: Yes.
MR. HARPOOTLIAN: Okay. I just want to make sure. And I wondered if the Attorney General had any more refined position on if he thinks he can move quickly.
MR. WATERS: As I stated yesterday, we're shooting for Wednesday and we're still on track for that, Your Honor.
MR. HARPOOTLIAN: I think that allows us to begin to fly people in next week. So, you're going to adjourn at 4:30 on Thursday but -- and not have court on the following Monday, that's --
JUDGE NEWMAN: Yes, sir.
MR. HARPOOTLIAN: Okay. That's great information.
JUDGE NEWMAN: Yes, sir.
MR. HARPOOTLIAN: Thank you.
JUDGE NEWMAN: Very good. We're in recess.
(Whereupon, the case was at ease.)