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2023 Murder Trialtrial-daytrial-dayJohn B. ConradJohn MeadorsJim GriffinDavid OwenDavid Grubbsdirectcrossredirectrecrossvoir_direDay 16 - February 15, 2023Lead investigator David Owen defended the investigation while acknowledging missed searches and incorrect grand jury statements about blood evidence. Phone-forensics testimony addressed activity on Paul and Maggie Murdaugh's devices, and the court reversed its earlier exclusion of limited roadside-shooting evidence after finding that defense questioning opened the door.
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Day 16 - February 15, 2023

Roadside Evidence Reconsidered, Owen Challenged, and Phone Records Explained

Judge Clifton B. Newman
7Proceedings
2Pages
2Witnesses
2,034Lines
Day 16 of 27
Appearing:

Lead investigator David Owen defended the investigation while acknowledging missed searches and incorrect grand jury statements about blood evidence. Phone-forensics testimony addressed activity on Paul and Maggie Murdaugh's devices, and the court reversed its earlier exclusion of limited roadside-shooting evidence after finding that defense questioning opened the door.

Full day summary

Judge Newman initially excluded evidence of the September roadside shooting, finding that the proposed presentation failed logical-relevance and Rule 403 analysis and risked suggesting a propensity for violence. Lead SLED investigator David Owen then described the investigation, Alex Murdaugh's repeated interviews, the inconsistencies investigators identified, and the eventual extraction of Paul's 8:44 p.m. kennel video. The jury also viewed the admitted August 11 interview, although its audio is not transcribed in the supplied reporter record. On cross-examination, Owen acknowledged that investigators missed an opportunity to search Almeda promptly, did not collect clothing seen in a June 7 Snapchat video, and found no trace blood in the Moselle house. He also conceded that his county grand jury statement that blood spatter had been found on Murdaugh's shirt was incorrect in light of a Hematrace report finding no human blood in the tested areas. Redirect addressed alternative-suspect inquiries, witness contradictions, and physical evidence, including a 12-gauge shotgun that could not be excluded as the weapon used against Paul but was not conclusively identified. Cell-phone-forensics expert David Grubbs testified about Paul and Maggie Murdaugh's phone records. He said Paul's phone remained locked with its screen off from 8:49 until 10:18 p.m., briefly illuminated twice, and died around 10:34 p.m.; he could not determine what caused the later screen activations. Grubbs also explained that Maggie's phone would not record an orientation change while locked with its screen off under its version of iOS. After the jury left, the court reversed its earlier roadside-evidence ruling, finding that defense questioning had opened the door to examination about Murdaugh's relationship with Eddie Smith, including drug payments and indebtedness.

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2. David Owen — Direct/Cross/Redirect/Recross

Judge Newman excluded the proposed roadside-shooting evidence at that time, after which lead SLED investigator David Owen testified about the Moselle investigation and faced questions about changing accounts, missed investigative steps, forensic limits, and inaccuracies in his grand jury testimony.

Procedural
Roadside-Shooting Evidence Ruling
41 lines

Judge Newman excluded the proposed roadside-shooting evidence at that time, finding insufficient logical relevance and an unacceptable risk of violent-propensity prejudice.

Direct
David OwenJohn Meadors
753 lines

Lead SLED investigator David Owen traced the investigation from the Moselle crime scene through Alex Murdaugh's recorded interviews, identified repeated inconsistencies, and explained the delayed recovery of the 8:44 p.m. kennel video.

Cross
David OwenJim Griffin
619 lines

Lead investigator David Owen acknowledged a missed Almeda search opportunity, uncollected clothing, delayed awareness of negative blood testing, and inaccurate grand jury statements about the shirt and shotgun loads.

Redirect
David OwenJohn Meadors
299 lines

David Owen explained how investigators tested Alex Murdaugh's changing accounts, highlighted blood and firearms evidence, and supplied context for the kennel timeline and the September roadside shooting.

Recross
David OwenJim Griffin
28 lines

David Owen acknowledged that he never asked Alex Murdaugh about hiding guns at Almeda, accepted the limited Item 22 conclusion, and explained a disputed visit date.

Highlights

Roadside-Shooting Evidence RulingrulingThe court granted the defense motion to exclude the roadside-shooting evidence at that time, finding that it failed logical-relevance and Rule 403 analysis and risked suggesting a propensity for violent acts.Roadside-Shooting Evidence Ruling“We have guardrails, and the Court is to place guardrails to keep things within a reasonable realm, and I believe this, as I stated, would be a bridge too far.”— Clifton NewmanJudge Newman explained why he would not extend the admission of financial-motive evidence to the proposed roadside-shooting evidence.David Owen - Directtestimony highlightOwen identified repeated inconsistencies concerning time spent at Almeda, time spent riding with Paul, and whether Alex went to the kennels after dinner.David Owen - Direct“It was because it wasn't just -- it wasn't one inconsistency. It was several inconsistencies over a period of time that were repeated.”— David OwenOwen explained why differences among the defendant's accounts became significant to him.David Owen - Directevidence eventOwen compared the phone-extraction history and testified that the eventual full extraction of Paul's phone produced the 8:44 p.m. kennel video with voices he identified as Paul, Maggie, and Alex.David Owen - CrossadmissionGriffin challenged the failure to search Almeda promptly. Owen acknowledged that Almeda was not searched for guns, bloody clothing, or other murder evidence that day and agreed that, for Almeda, an opportunity was missed.David Owen - CrossimpeachmentUsing Owen's grand jury preparation and forensic reports, Griffin established that Owen had told the county grand jury an expert found blood spatter on Alex Murdaugh's shirt. Owen acknowledged that the later-reviewed Hematrace report found no human blood in the tested areas and that his grand jury statement about the shirt was incorrect.David Owen - Cross“Now that I have that hematrace report, the hematrace indicates that the parts that she tested, no human blood was found.”— David OwenThe statement directly undercut the blood-spatter representation Owen acknowledged making to the county grand jury about the shirt.

3. David Grubbs — Direct/Voir Dire

David Grubbs was qualified as a cell phone forensics expert, analyzed records from Paul and Maggie Murdaugh’s phones, and was followed by an outside-the-jury ruling allowing examination about Alex Murdaugh’s relationship with Eddie Smith.

Voir Dire
David GrubbsJohn B. Conrad
28 lines

David Grubbs outlined his digital-forensics credentials and was qualified, without defense objection, as an expert in cell phone forensics.

Direct
David GrubbsJohn B. Conrad
266 lines

David Grubbs explained activity and logging limits in Paul and Maggie Murdaugh's phone records; three reports were admitted, and the court later reversed its earlier restriction on examination about Alex Murdaugh's relationship with Eddie Smith.

Highlights

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