David Owen — Direct/Cross/Redirect/Recross
1,731 linesWEDNESDAY, FEBRUARY 15, 2023
(Court resumed at 9:36 a.m.)
JUDGE NEWMAN: Who is first?
MR. WATERS: I'm happy to go first so I can --
MR. HARPOOTLIAN: Your Honor, since he filed the memo and we have not, we are more than happy for the Attorney General to go first.
JUDGE NEWMAN: Yes, sir.
MR. WATERS: Your Honor, and I sent a memo early this morning. Hopefully you've had a chance to see that. A lot of it reiterates what we previously filed in our prior motions. And, again, as it relates to this particular evidence, as I argued yesterday, consciousness of guilt is a very recognized class of the evidence as admissible evidence of motive and identity in South Carolina courts. Obviously we cited a number of cases in more classic senses of consciousness of guilt evidence such as, you know, witness intimidation, flight, but any sort of evasive actions, any sort of action to evade detection or throw off the scent has been admissible in our courts. Your Honor, I see the Clerk from Barnwell here, and I had a murder case in front of her not too long ago, or it's been awhile, but in any event, in that particular case the defendant had actually found in his car was a voodoo root that said, you know -- had on there protect me from murder charges. Save me, Judge Early.
Protect me from murder charges. And ultimately that was admitted and in an unpublished opinion affirmed as evidence of consciousness of guilt and evasive conduct because of what it meant to the defendant. And so I just point that out as an example as to how expansive that that can be. When we look at this case, and again, one thing about this case, Your Honor, is it's intricate and complex on a scale that I think none of us have ever seen, and so we have to look at it within that vain and in that context. And what we have here, Your Honor, and why this is relevant evidence of consciousness of guilt, it really doesn't matter what exactly happened on the side of the road because that's not the focus of what the State is seeking to do. What the State is seeking to do, and what we believe is relevant and admissible under these rules, is to show what the defendant said about it and the fact that that was not true.
And what he said about it, of course, was that he was on the side of the road, he had a flat tire and with a car that has run flats, that he was changing the tire and that a nice looking, nice man stopped offering help, and then all of the sudden he was shot in the back of the head. And obviously the initial reaction, we've heard from Ms. Proctor, we've heard and can hear from other witnesses, the initial reaction was that oh my gosh, the real killers are back. The bad guys are back. They've now targeted Alex. And the other thing that's crucial about this that connects it all together is not only does he make that claim, that statement about being targeted by an unknown assailant as things were heating up on him in this investigation that then causes people to immediately assume that he's been targeted and it has nothing -- no way could he be responsible for Moselle, but we also have to look at the symmetry of this particular event with what happened on June the 7th.
And on June the 7th as we know, and Your Honor has heard extensive testimony both in camera and in this trial, he is confronted is about the Faris fees that morning. There's all kinds of circumstances that have been put into evidence that are moving as to a perfect storm arriving on that day, and, of course, what happens that night Maggie and Paul are murdered? The community rallies. Everything changes. We have the same thing happening on September 3rd and September 4th because finally, despite his best efforts, the law firm has become privy and wise to what's going on with his years of embezzlement and theft. They confront him. But, more importantly, if we go back to those Faris fees, which are very crucial and temporally connected to everything that happened on June 7th, is the fact -- and you've heard testimony from Chris Wilson that he is calling Mr. Murdaugh trying to get to meet with him because he wants to know what's up.
He particularly wants to know what about the $192,000 of those Faris fees that he covered for Mr. Murdaugh, and they have that confrontation on the porch of Almeda that afternoon, or early right before noon as was testified to. And what happens? Yet again within a couple of hours the side of the road happens, and everyone is rushing to Alex Murdaugh's aid again. The fact that he had just been exposed for embezzlement is forgotten about and, of course, everybody is assuming oh my gosh, it must be the real bad guys when, in fact, it was him all along. And so that is extremely relevant evidence. And it's also been -- just to add into the calculus, Your Honor, is we, we do have the concept of what is -- what's been opened, the door, what issues have been enjoined by the defense and put up here. And, of course, that's how this issue all arose yesterday with the testimony of Ms. Marian Proctor. So, we think it's very admissible as clear consciousness of guilt evidence.
It's admissible under 404. I've also argued, without getting into great detail, when we talk about that symmetry, we talk about common scheme or plan, and again, this isn't the kind of common scheme or plan that is typical, but we have to look at this case through a lense that recognizes just the intricacies and the complexity of a set of circumstances like we've never seen. And so of those legal theories, Your Honor, we would assert justified admission of this evidence. I will also say that -- expressed this to the defense, but it's the State's intent to really quickly move from point to point A to point B. We are not here to try to litigate what happened on the side of the road in its entirety. I believe that the testimony about this can be done in, you know, just over an hour, and that includes playing the recorded the statement. There's a number of recorded statements. I'm not trying to play all of those.
It would just be simply having the agent come in, relate the story that Alex Murdaugh told to 911 and told to law enforcement, that initial story about the unknown assailant. The fact that the investigation continued and additional information came to light that conflicted with that, and that he was eventually confronted with that, and then there's a recorded statement at the end in which he admits that, in fact, what he had told law enforcement was a lie. And so in trying very -- it would be a very focused presentation to get from point A to point B for purposes of this trial and the relevance that it has to this trial. So for those reasons, Your Honor, we would assert that that limited presentation is admissible for those purposes.
MR. HARPOOTLIAN: Please the Court, Your Honor? The State and we agree that State v. Cartwright would be applicable to this situation, and it has four criteria about a suicide. They seem to think that the unmistakable nexus exists by clear and convincing evidence linking the suicide with a guilty conscious about the murders. The facts are that he was confronted by the law firm on Friday, fired on Friday, and then persuades -- not persuades, no persuasion was needed, Eddie Smith to shoot him in the head thinking that it would get his son, Buster Murdaugh, $12 million insurance money that would otherwise be excluded by the suicide exception in his -- exemption in his insurance policy. So, all this is linked to is the financial promise, not the murder. We're here trying a murder, and yet all of the evidence -- not all, but a significant amount of the evidence we've heard over the last three and a half weeks has been about the financial problems.
This is guilty knowledge of the financial crimes, not the murder, and this under 404, 403 analysis, under Cartwright would not be admissible. I further say this. If he's looking for a common scheme, that is that when he's about to be found out, or is being found out, he would have killed Buster based on his theory to distract. This isn't a distraction. This is an end. And clearly you haven't heard the taped interviews that he initiated from detox in Atlanta in which he explained he was killing himself to get this money for Buster because his financial crimes had been found out. This is three months after the murder. This is in September. It's not connected by time, it's not temporal under the 404/403 analysis, and certainly it's not evidence of guilty knowledge about -- I mean, his own statement would indicate it had nothing to do with the murder. It's only about the financial crimes. And he contacted SLED. And on that recording, myself, Mr. Griffin, and Mr.
Murdaugh from detox -- he finally had detoxed and wasn't on drugs anymore. He has a great detailed statement about Eddie Smith buying the drugs for him over a number of years, millions of dollars worth, and how Eddie didn't hesitate to shoot him in the head on the side of the road. I don't know how that is relevant. Maybe the drug piece is, but they've got statements from Eddie Smith about what drugs he bought and what he did with those. So, we would oppose going forward on any roadside, roadside shooting evidence. We think the prejudicial far outweighs the probative, and we would ask Your Honor not to allow them to do that.
JUDGE NEWMAN: Yes, sir.
MR. WATERS: Your Honor, very quickly. I do want to distinguish, again, between what Mr. Harpootlian keeps wanting to argue about, and that's the prospect of there being some sort of suicide on the side of the road. Again, the State's real focus is not exactly on what happened on the side of the road. What's important, and this is, I think, different from a typical Cartwright situation, is what the defendant said about it. And the fact that he immediately tells this lie about him being targeted by an unknown assailant, and that is what directly connects it back to Moselle, and that's immediately what everybody assumed, that everyone -- the first thing that jumped in their mind is that connection back to Moselle. That connection is unmistakable. So, it's not as much about a traditional type of Cartwright analysis. That's not what I'm arguing here. What I'm arguing here is his explanation for what happened, and the fact that that ultimately is not true, and that nexus, I believe, is very clear. I think the other one would be clear, too, but that former nexus is the stronger one, and that is the focus of what the State is trying it offer here today.
MR. HARPOOTLIAN: Your Honor, just briefly. This is character evidence, which is precluded under -- I mean, the only exception to 404/403 Your Honor has allowed in is motive. Why did he do it? So -- and, I mean, it's just incredible because if you put this up, you're going to hear from one of the SLED agents. When he woke up in the hospital and his skull had been fractured, he had a brain bleed; this is when concocted that story. I mean, he expected to never to wake up. So, you know, this was a scheme to draw -- no. If it was a scheme, it was created after Eddie Smith meant to shoot him -- actually, if it had been a millimeter to the left, his brains would have been blown out. He just missed but knocked him out and fractured his skull. That's all I have.
MR. WATERS: Your Honor, those are not the facts. He's telling that story at the scene to people who show up. Out of gate that's what he's saying, that he was attacked by an unknown assailant. There's an ambulance video where the deputy comes in, and that's exactly the story he tells. This is not --
MR. HARPOOTLIAN: I would concede he's correct. Once he realizes he's still alive, he tells that story, but obviously he didn't intend to still be alive. In other words, it's not a scheme that was concocted at any point. The scheme, if it's a scheme, is concocted after he realized he wasn't dead.
JUDGE NEWMAN: Well, the financial evidence was allowed on the issue of motive. This evidence I find goes beyond motive, or is not evidence of motive but more toward common scheme or plan. It does not survive the logical relevancy test, and it goes more towards showing a propensity to commit violent acts, which would cause it not to survive the 403 analysis. I believe that to allow this into evidence is a bridge too far going down this path and allowing in essentially any and all evidence in. 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. It does not meet the logical relevancy test. I agree with the defense that it would be admissible perhaps if the trial was the trial on the financial theft issues but not on murder. So, I grant the motion to exclude this evidence at the time. Of course, as we have seen, things change. Who knows?
MR. WATERS: Sure, Your Honor.
JUDGE NEWMAN: All right. Did you tell the jurors 10:00 or 10:30?
MR. WATERS: I think we said 10:30, Your Honor.
MR. HARPOOTLIAN: Your Honor, I said 10:00. Mr. Waters said 10:30. Any acrimony here, please, focus it where it belongs.
MR. WATERS: I routinely underestimate time, so one time I overestimated.
JUDGE NEWMAN: Well, we tested the jurors this morning and I am happy to say that they all tested negative, so we're in good shape with the jury. All right, any other matters we need to discuss at this time?
MR. HARPOOTLIAN: Yes. Your Honor, I just think -- Mr. Waters and I have talked extensively about when he is going to rest his case. We think that should be -- or he thinks that should be, he thinks, tomorrow morning. I'm projecting maybe tomorrow afternoon. But on Friday we expect to start our case, and to that end if something were to happen between now and Friday morning, we are flying in experts. We don't need to tell Your Honor how expensive that process is, so even if they don't finish, we may ask the Court to allow our witness -- it's a footwear expert. It's not anything that's explosive, but if he's here and they can't finish by Friday afternoon, we would ask the Court at that time to allow him to testify out of order simply to save thousands of dollars for him to have to come back the following Tuesday. I haven't asked Mr. Waters about that --
MR. WATERS: I'm certainly going to be, within reason, accommodating to the defense with things like that.
MR. HARPOOTLIAN: Great. I just thought I would mention it so it doesn't like look it was a surprise to the Court.
JUDGE NEWMAN: Yes, sir, I understand.
MR. HARPOOTLIAN: Thank you, Your Honor.
JUDGE NEWMAN: Anything else then?
MR. WATERS: Stand by, Your Honor.
(Break in proceedings.)
MR. WATERS: I don't believe we have anything, Your Honor.
JUDGE NEWMAN: All right. We'll take a recess then for about 15 or 20 or 30 minutes or 37 minutes. The jury is here so if you all are ready to go, we can start before 10:30.
MR. WATERS: If they're all here, that's fine. If I can maybe just have 10 minutes to reset and -- 10 or 15 minutes and then we can get started?
MR. HARPOOTLIAN: That will be fine, Your Honor.
JUDGE NEWMAN: All right. We'll take about 15 minutes then.
(A break was taken.)
JUDGE NEWMAN: Bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: All right, thank you. Good morning.
(The jurors respond good morning.)
JUDGE NEWMAN: Day number eighteen, State's case.
MR. MEADORS: May it please the Court? The state of South Carolina would call Special Agent David Owen to the stand.
The witness, DAVID OWEN, was first duly sworn and testified as follows:
COURT CLERK: If you would, please be seated in that seat here. State your full name for the record, and spell your last name, and move the mic or chair to where they can hear you better.
DAVID OWEN: My name a David Owen, O-w-e-n.
DIRECT EXAMINATION
BY MR. MEADORS:
MR. MEADORS: Good morning.
DAVID OWEN: Good morning, sir.
MR. MEADORS: Would you please tell the ladies and gentlemen about Special Agent David Owen, your background --
DAVID OWEN: Yes, sir.
MR. MEADORS: -- where you're from, and your education and training that led you into law enforcement, please?
DAVID OWEN: I was born and raised in Orangeburg, South Carolina. Graduated from Orangeburg High School. Graduated from Limestone College with a Bachelor's in criminal justice. Began my law enforcement career in Orangeburg in 1996. Moved to Charleston in 1999 where I have been since. And began my career with SLED in 2000 -- SLED, South Carolina Law Enforcement Division, in 2015.
MR. MEADORS: And what -- have you worked different areas at SLED?
DAVID OWEN: No, sir. My entire time in SLED as been with the Lowcountry Region, which encompasses twelve counties. We do general investigations assisting the twelve counties with whatever they request. Anything from public corruption, officer involved incidents, violent crimes, property crimes.
MR. MEADORS: And when you say assist local counties, I know what that means, but what does it mean in your world?
DAVID OWEN: SLED is an assisting agency. I like to explain it as if you call 911 for an emergency, you're going to receive local assistance from the police department and the sheriff's office. SLED is not necessarily going to show up unless requested from the local police chief or the sheriff.
MR. MEADORS: And that's -- is that done regularly, and has it been done regularly in your career when you've been called upon to assist local agencies?
DAVID OWEN: Yes, it is.
MR. MEADORS: Okay, and just as an aside as we've gotten to know each other recently, you've got some relatives in Anderson that I knew in high school, didn't you?
DAVID OWEN: Yes, sir.
MR. MEADORS: Small world.
DAVID OWEN: Small world.
MR. MEADORS: Let's go straight to June 7th, Special Agent. Were you on call June 7th of 2021?
DAVID OWEN: Yes, sir, I was.
MR. MEADORS: How did you get -- how did -- specifically how did you get the call?
DAVID OWEN: I received the call approximately 10:30 that night. I was in bed trying to go to sleep and the phone rang, and I was told that I needed to respond to 4147 Moselle Road in Islandton, Colleton County, that there had been the discovery of two deceased persons at that location.
MR. MEADORS: And how long did it take you to get to 4147 Moselle?
DAVID OWEN: I arrived on scene approximately midnight.
MR. MEADORS: I'm sure it's been said, but is 4147 Moselle in Colleton County?
DAVID OWEN: Yes, sir, it is.
MR. MEADORS: Now when you arrived, tell these ladies and gentlemen what you observed.
DAVID OWEN: When I arrived, there was multiple law enforcement and rescue personnel on the scene. Of course I had to find a place to park out in the roadway, made my way up to the scene. My normal course of business, or the procedure being that we are requesting agency, I locate, locate the agency that requested us, this being Colleton County, and speak with the supervisors or detectives on scene and say hey, what -- you know, what's going on? What have you learned so far? What do you need from us? At that time one of my supervisors, my captain, Ryan Neill, was on scene and he was already talking with Colleton, so I was briefed on the situation, what was discovered, and what had been done so far.
MR. MEADORS: And did you have a liaison, somebody that you requested or told to work with on the scene that night?
DAVID OWEN: Yes, sir. Originally, as I stated, we were called in to assist, so I was paired up with Detective Laura Rutland with the Colleton County Sheriff's Office, and I was to assist her in any fashion that she needed.
MR. MEADORS: And, again, was that unusual for a local agency to call you in to help with the crime scene?
DAVID OWEN: No, sir, it happens very frequently.
MR. MEADORS: And when you got with Ms. Rutland, tell the folks. When you were first at the scene, did you make observations in your mind of the scene itself?
DAVID OWEN: Yes, sir. I observed the scene, trying to figure out what's going on. Started working at walking the outside of the scene trying to understand the lay of the land, figuring out if anybody had been interviewed already, what methods or avenues were being taken to try and figure out what's going on, secure the area and whatnot.
MR. MEADORS: And did you see the bodies that we're all -- of Paul and Maggie?
DAVID OWEN: Yes, sir. Again, I was standing outside the crime scene tape and, you know, what I know now to be Paul Murdaugh and Maggie Murdaugh. I knew that there was a white with male and a white female; they were covered up with a sheet. I was not able to see them, but I saw where they were.
MR. MEADORS: Did you make any other observations of the actual crime scene there itself then?
DAVID OWEN: Other than the placards, or evidence placards that Colleton County had put out to protect evidence upon their initial arrival. You know, I didn't go into the scene; our Crime Scene Unit had not arrived yet. I have a history, I have a background in crime scene, so I knew not to go in there and disturb anything until it was documented properly. I was aware that Colleton County had already documented or located and marked some evidence for protection purposes, so I just walked around the crime scene tape. I knew that kennels -- there were dog kennels on the left, there was a big shed on the right with a large field behind it with another shed, and there were several people and several cars back behind -- what I call back behind the crime scene from where I was standing.
MR. MEADORS: And at this point had you seen the defendant, Alex Murdaugh?
DAVID OWEN: I was told that he was with the group of people behind, which was told to me to be some family members and some of his law partners.
MR. MEADORS: And, I guess, you became -- at this point were you the chief investigating officer?
DAVID OWEN: I don't recall how long. Within 30 minutes or so my supervisor pulled me aside and said, you know, hey, we're actually going to be the lead on this. So, my -- Detective Rutland and my roles kind of reversed and I became the lead investigator and she was my assistant.
MR. MEADORS: But y'all were still working together.
DAVID OWEN: We were still working together.
MR. MEADORS: Had you ever worked with her before?
DAVID OWEN: No, sir. I knew her but I had never worked with her before.
MR. MEADORS: Did you think it was important to talk to Alex Murdaugh?
DAVID OWEN: I did.
MR. MEADORS: And can you tell the jury specifically how that came about?
DAVID OWEN: Well, I was told that he arrived on scene and discovered his wife and son, and that he had made the 911 call. Being that he was -- it was his wife and son, and he found the bodies and made the 911 call, it was paramount that I talk to him. You know, what was his observations? What's going on in his life? What's going on in Maggie and Paul's life to try and figure out what happened. I still didn't know if it was -- let me back up just a minute. Going into a death scene investigation, homicide investigators are taught to treat every scene as a homicide until determined otherwise, and that encompasses suicide, natural, accidental, or homicide, or unexplained. So, automatically I was treating it as a homicide, and I didn't know if it was or not. So, it was paramount that I speak with Alex Murdaugh to try to determine what he saw, or what he experienced, what's going on in their lives to kind of help guide my investigation as it progressed.
MR. MEADORS: And had it started -- had the weather started to change about that time?
DAVID OWEN: It had been changing and continued to change. It was raining intermittently as I was coming into Walterboro from Charleston. It would stop raining, it would midst rain, it would heavy rain. So, the weather was also a concern that night, especially with it being an outside scene.
MR. MEADORS: And that leads into my next question. Did you -- where did you request, and where did you take the first statement from Alex Murdaugh?
DAVID OWEN: When I met Alex Murdaugh, there was really nowhere else to interview him except the privacy of my patrol car, which was a Dodge Durango.
MR. MEADORS: We've have all seen the video, and I'm not going to play it again. The jury will have that, but can you tell us where? It was your car?
DAVID OWEN: Yes, sir.
MR. MEADORS: And it was -- we've seen the video. Where was the camera?
DAVID OWEN: It was a body camera. It's not an affixed in-car camera like in most active patrol cars, but I clipped it to my visor right above me and just angled it towards Mr. Murdaugh.
MR. MEADORS: And is that your practice to video when you're -- potential suspects or the -- you video --
DAVID OWEN: I video any --
MR. MEADORS: -- when you can?
DAVID OWEN: I video any witness or audio record any witness that I am able to do.
MR. MEADORS: Okay. So, you're in your driver's seat.
DAVID OWEN: Yes, sir.
MR. MEADORS: Where was the defendant, Mr. Murdaugh?
DAVID OWEN: Mr. Murdaugh was sitting to my right in the front passenger seat.
MR. MEADORS: And behind him?
DAVID OWEN: Behind him was Detective Rutland.
MR. MEADORS: Okay, and to her left, if you will?
DAVID OWEN: To her left and behind me was Danny Henderson. At that time I knew he was an attorney, but I didn't realize his involvement other than an attorney. Later on I found out that he was a partner and Alex Murdaugh's personal attorney.
MR. MEADORS: And how did he get in the car?
DAVID OWEN: Who got in the car?
MR. MEADORS: I said how did --
DAVID OWEN: Mr. Murdaugh?
MR. MEADORS: No, Danny get in the car.
DAVID OWEN: I mean, it's common if there's an attorney present that wants to be involved in the interview, or sit on the interview. I allowed him to sit in on the interview. It's not an issue for me.
MR. MEADORS: You said it was fine?
DAVID OWEN: It was fine.
MR. MEADORS: Okay, and I want to ask specifically about your observations of the defendant as far as his mind. Did he appear to be under the influence of anything, any intoxicant or anything else when you were talking to him?
DAVID OWEN: I did not notice any intoxicants, whether it be drugs or alcohol. He didn't smell of alcohol. His eyes weren't, you know, any -- dilated. They weren't bloodshot. He seemed to have a full body and mind other than being distraught that he had discovered his wife and son dead.
MR. MEADORS: Did you have trouble understanding his words?
DAVID OWEN: No, sir, I did not.
MR. MEADORS: Did he appear to have trouble understanding your words?
DAVID OWEN: No, sir, he did not.
MR. MEADORS: Were his answers to your questions subject matter appropriate?
DAVID OWEN: Yes, sir, they were.
MR. MEADORS: And were they timely?
DAVID OWEN: Yes.
MR. MEADORS: And, again, without going into the details, did he tell you roughly what happened earlier in the evening? How long he'd been at the house, when he left, and when he came back?
DAVID OWEN: Yes, sir. We went over his evening.
MR. MEADORS: And after this statement -- well, with -- before did you -- when you were out -- before you got in your car, did you -- were you able just to look at him?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did you shake his hand?
DAVID OWEN: I did shake his hand.
MR. MEADORS: Okay. Did you come up to him and y'all shook hands like that?
DAVID OWEN: Yes, sir. I introduced myself.
MR. MEADORS: What did he say when you introduced yourself?
DAVID OWEN: How are you doing. I don't remember the exact words but how you doing? I know you need to talk to me, that type language.
MR. MEADORS: And could you see anything just from your naked eye -- I know you didn't have a microscope, but could you see anything that appeared to be -- how did his clothes look?
DAVID OWEN: He had an on a white T-shirt. It didn't -- I didn't notice anything out of the ordinary on his T-shirt. He had on green cargo khaki type shorts, and I think bright in color -- I think later I learned they were orange or pink tennis shoes. I didn't notice anything out of the ordinary about his appearance.
MR. MEADORS: After you took this statement, you and Ms. Rutland, did you want to take his clothes?
DAVID OWEN: Yes, sir.
MR. MEADORS: Okay, and did, in fact, did you take his clothes?
DAVID OWEN: Yes, sir.
MR. MEADORS: Tell the jury how that went about.
DAVID OWEN: Well, it was coming close to the end of the interview, and I was going to discuss collecting his clothes from him, but he had received a call that his oldest son was arriving at the home. Knowing that he needed to go be with his son, I said I'll catch up with you later, go ahead. Shortly thereafter, maybe 10 or 15 minutes, I went up to the house and told him I needed to get his clothes. I was allowed into the house. There were multiple people inside the house. When you walk in the house there's a foyer. I walked into the foyer. Immediately to the left there's some stairs going upstairs to the right. I believe it was a dining room, and you walk into the living area, or living room. Met Mr. Murdaugh again, told him I needed to collect his clothing. He went to what I now know is the master bedroom towards the left of the house -- left of living room, and he said sure and immediately began to disrobe his clothes and hand them to me.
MR. MEADORS: All right. So, did you go to the bedroom?
DAVID OWEN: Yes, sir. I stood in the doorway of bedroom.
MR. MEADORS: So if that's his bedroom, you stood right here?
DAVID OWEN: Yes, sir.
MR. MEADORS: And could you see him changing?
DAVID OWEN: Yes, I did.
MR. MEADORS: And -- but did you give him a little privacy?
DAVID OWEN: I did.
MR. MEADORS: And so did he give you the same clothes that he had on?
DAVID OWEN: Yes, sir.
MR. MEADORS: You're sure about that?
DAVID OWEN: He still had on the orangish/pink tennis shoes, green shorts, and white T-shirt.
MR. MEADORS: And this is what has been entered as 419.
(Break in proceedings.)
MR. MEADORS: And are those the tennis shoes that you saw the defendant, Alex Murdaugh, in and that he took off and gave to you?
DAVID OWEN: Under this light it's more red, but, you know, I considered it orangish/pink that night, but these are the shoes that I collected from him.
MR. MEADORS: Do you remember the condition? I mean, how did they feel when you touched them?
DAVID OWEN: They were a little damp. I mean, it was rainy that night.
MR. MEADORS: You said damp?
DAVID OWEN: Damp, yes. It was raining that night, summertime, hot humidity, so the ground was -- there was a lot of condensation on the ground. And these are the -- this is the bag that I would have put them in. My initials are not on them, but my handwriting says shoes 01:40. So that -- 014, 01:40, which would have been the time that I collected the shoes.
MR. MEADORS: Is that 1:40 a.m.?
DAVID OWEN: Yes, sir.
MR. MEADORS: On June 8th of 2021?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did you make any other observations? Did there appear to be any other stains to your naked eye on those shoes when you saw them at 1:40 a.m. on June 8th of 2021?
DAVID OWEN: No, sir. I did not make any other observations.
MR. MEADORS: If you would leave your gloves on, please.
DAVID OWEN: Yes, sir.
MR. MEADORS: I'm going to show you what's been entered as 418, and tell me if you recognize this, and does it relate to your testimony, please?
DAVID OWEN: This is a bag that's sealed up, but I know that it's a T-shirt. It's got my writing on it with the time of 0141, or 1:41 a.m. And again, my initials are not on it, but I do recognize my signature, or my writing.
MR. MEADORS: You put 1:41 a.m. on there?
DAVID OWEN: Yes, sir.
MR. MEADORS: Now, had you packaged those clothes separately?
DAVID OWEN: Yes, I did.
MR. MEADORS: Okay. Why?
DAVID OWEN: Again with my experience in law enforcement, my experience in crime scene, any time you collect a piece of evidence you keep it separate so you don't cross contaminate.
MR. MEADORS: And that was the shirt?
DAVID OWEN: Yes, sir.
MR. MEADORS: Okay, and what is also contained in 418 that's been entered? Can you tell me what that is?
DAVID OWEN: These are the shorts, 0141, and my handwriting. Again, my initials are not on it, but I do recognize my handwriting.
MR. MEADORS: Would you open those, please?
(Break in proceedings.)
MR. MEADORS: Now, are those the pants that you saw defendant, Alex Murdaugh, wearing on June 7th/June 8th --
DAVID OWEN: Yes, sir.
MR. MEADORS: -- of 2021?
DAVID OWEN: Yes, sir.
MR. MEADORS: And those are the same pants that you took off of Alex Murdaugh. Is that correct?
DAVID OWEN: It is.
MR. MEADORS: Now, describe when you saw these pants on June 7th/June 8th early a.m. morning, Special Agent David Owen. How did they look to you?
DAVID OWEN: Green shorts. I didn't notice any stains on them. Nothing was very apparent to the naked eye; they appeared to just be normal, clean shorts.
MR. MEADORS: And we've got these cuttings in the front. I know this -- those weren't there, were they?
DAVID OWEN: No, sir, they were complete shorts. Those cuttings were done during processing, evidence processing.
MR. MEADORS: I want to go back. I just forgot. That first interview --
DAVID OWEN: Yes, sir.
MR. MEADORS: -- at some point maybe toward the end, I can't remember, I think it was toward the end you kind of reached over and just do like this to Alex Murdaugh. Do you remember that?
DAVID OWEN: Yeah. I consoled him. He was upset.
MR. MEADORS: And that's just -- you did that because that's you?
DAVID OWEN: That's just who I am.
MR. MEADORS: Okay, and when you got to the house and after you had collected these clothes, did you do anything else at the house?
DAVID OWEN: I didn't do anything at the house. I mean, like I stated, there were other people in the house: law partners, family members, people moving about. I did look around and make general observations. Nothing seemed out of the ordinary; nothing seemed torn up or out of place. It was first time I had ever been in there, but it didn't look like there was a fight or a scuffle or, you know -- going in, you know, being observant, I didn't notice. I went in through the front door. It was the only door I accessed the house from. I didn't notice any forced entry. The door was open for me. It was open as a normal door should. Met Mr. Murdaugh and collected the clothing. I don't know if I spoke with Mr. Murdaugh or someone else inside the house. I think it was Mr. Murdaugh. He'd indicated early on in one of the -- in the initial interview that he had attempted to contact some of Paul's friends, and one of those friends was Nolen Tuten, and he had indicated that Nolen was at the house during that interview. So when I went to the house to collect the clothing, I asked if Nolen was present. He said yes, he was, and pointed to him. I noticed he was sitting on the couch in the living room, so I introduced myself to Nolen and conducted an interview with Nolen, again in my vehicle for privacy.
MR. MEADORS: So, you had located Nolen Tuten in the residence and then conducted an interview with him in your car?
DAVID OWEN: Yes, sir.
MR. MEADORS: And were they -- how many people were in the house? We're in the early morning of June 8th of 2021, correct?
DAVID OWEN: Yes, sir.
MR. MEADORS: I mean, how many people were inside approximately?
DAVID OWEN: I didn't go in every room. I didn't see every single person, but, you know, eight to ten people from, you know, first case -- first glance.
MR. MEADORS: And had someone at SLED -- you mentioned there was a crime scene tape. Did someone from SLED arrive at the crime scene where the two bodies were, and were they processing that?
DAVID OWEN: Yes, sir, they were.
MR. MEADORS: And did SLED and/or the locals have that secure?
DAVID OWEN: Yes, sir. There were several investigators from Colleton County. Two other investigators from my office. Agent Altman and Agent Wiggins were there. My lieutenant, Charles Ghent, arrived on the scene, as well as my captain were already there when I arrived. So, there were several officers and several investigators on that scene.
MR. MEADORS: And was that scene secured and guarded until all of the potential evidence at that crime scene was collected, as far as you know?
DAVID OWEN: As far as I know, yes, sir.
MR. MEADORS: Now, there was also a vehicle down there. Did you determine where the defendant's -- if he personally had a vehicle that he had been in that night?
DAVID OWEN: Yes, sir. There was a dark in color Chevrolet Suburban down there.
MR. MEADORS: And what, if anything, was done with that vehicle that night?
DAVID OWEN: Early the next morning on Tuesday, June 8th, once we completed the scene around the kennel area and sheds, that vehicle was secured and towed to the Colleton County Sheriff's Office so that it may be later processed.
MR. MEADORS: So, it was taken into law enforcement custody?
DAVID OWEN: Yes, sir.
MR. MEADORS: There has been pictures and testimony about the phone that was on Paul.
DAVID OWEN: Yes, sir. So --
MR. MEADORS: Go ahead.
DAVID OWEN: Once I left the house, our Crime Scene Units, when they go into a scene and they, they look for evidence, document evidence, and collect evidence before anybody really goes in to manipulate the scene from there or, or alter the scene. So, once a majority of the evidence, or all of the evidence -- not all of the evidence, a majority of the evidence on approach to the victims were documented and collected, we went in and started investigating the bodies. The coroner was, of course, with us. And once we took the sheet off of Paul, there was a cell phone that was placed on his rear end and on his right side.
MR. MEADORS: And if you'll think back to your first interview -- you'd already had your first interview.
DAVID OWEN: Yes, sir.
MR. MEADORS: How did the defendant tell you that phone had got on his back side?
DAVID OWEN: Mr. Murdaugh stated that, you know, he tried to check Paul for a pulse and he, you know, tried to turn him over but thought better off it, and when he did, Paul's phone popped out of his pocket. And then Mr. Murdaugh had picked the phone up and stated that he thought of -- not the exact words, but this is what he said was he thought of doing something with it, thought better of it, and put it back down.
MR. MEADORS: Popped out of his pocket.
DAVID OWEN: Yes, sir.
MR. MEADORS: And what did you do with that phone?
DAVID OWEN: Once it was photographed and documented that it was on Paul's rear end, I collected the phone. Our crime scene -- our Crime Scene Unit doesn't normally collect electronic devices. They don't process the electronic devices. It's normally the case agent or one of the agents on scene will collect that phone, so I collected the phone. When we collect electronic devices, we normally put them in -- or we put them in airplane mode, disconnect any power sources, take out SIM cards. Once I collected Paul's phone, I attempted to put it in airplane mode and, of course, you have to try to activate it. I noticed that it had a dead battery and would not power on and off, so I secured it as evidence in my vehicle.
MR. MEADORS: You attempted to put it in airplane mode why?
DAVID OWEN: So that any outside sources -- if you -- if someone has access to your phone, like your I-Cloud account or your Google account, or if you have an Android phone you could remote access and wipe the phone, or anybody could. Or, you know, some of the newer phones you can use a location service even though the phone was off to find where that phone is, so we put it in airplane mode and pulled the SIM card out. But, like I said, with the battery being dead, I couldn't put it in airplane mode.
MR. MEADORS: Did Paul's phone become -- or was it a significant piece of evidence in this case?
DAVID OWEN: Yes, it was.
MR. MEADORS: How long did you stay there once you got there at 4147 Moselle?
DAVID OWEN: I believe I left about 8:30 or 9:00 the next morning.
MR. MEADORS: So, you stayed all night.
DAVID OWEN: Yes, sir.
MR. MEADORS: And did the Crime Scene Unit down where Paul and Maggie were stay all night?
DAVID OWEN: Yes, sir.
MR. MEADORS: So, night becomes day obviously.
DAVID OWEN: Yes, sir.
MR. MEADORS: Did you see anybody else at the scene that morning that you had an occasion to conduct an interview with?
DAVID OWEN: Approximately 7:00 a.m., y'all heard about C.B. Rowe, the farmhand, the employee of Mr. Murdaugh. He was the farmhand. He arrived on scene. We confronted him and said hey, we need to speak with you. It was earlier in the interview with Mr. Murdaugh. He said that C.B. had -- or I call him C.B. Mr. Rowe had not worked on Monday, that he had taken his father -- he had related a story about Mr. Rowe having a conversation with Paul where he was hired by FBI out of high school to be some killer operative. So, of course, that kind of peaked my interest and I needed to figure out where he was on yesterday, or even that night. So Mr. Rowe, when he showed up, immediately went into an interview with him. Got his alibi, got his statement of those events on Monday where he corroborated that he had to take his father to the hospital, or to the doctor in Mt. Pleasant on that Friday -- on that -- I'm sorry, on that Monday, and that he was not there on Moselle property.
MR. MEADORS: And let me go back just a minute. At some point, the bodies of Maggie and Paul were taken away from the scene, right?
DAVID OWEN: Yes, sir. The coroner took custody of bodies.
MR. MEADORS: And that's the law. The coroner comes in and takes custody, right?
DAVID OWEN: Yes, sir.
MR. MEADORS: But prior to leaving, were you able to observe from your own eyes around the bodies of Paul and Maggie?
DAVID OWEN: Yes, sir.
MR. MEADORS: And how would you describe those?
DAVID OWEN: Very gruesome, very bloody.
MR. MEADORS: Bloody?
DAVID OWEN: Very.
MR. MEADORS: So, around the bodies bloody?
DAVID OWEN: Yes, sir. And also -- well, around Paul it was more bloody because he was on concrete and a rock driveway. And it had been raining that night, so you had the water to -- the bodily fluids, it's going to make them run a little bit more, or spread more. Maggie was on dirt, grass, so it's going to seep into the ground, so there wasn't as much blood around her as was under her.
MR. MEADORS: And did you -- and without going into what he said -- I think he's testified -- did you interview Rogan Gibson?
DAVID OWEN: I did not interview Rogan Gibson.
MR. MEADORS: Was he interviewed --
DAVID OWEN: He was interviewed.
MR. MEADORS: -- at that point?
DAVID OWEN: He was interviewed on June 8th, yes.
MR. MEADORS: Interviewed what?
DAVID OWEN: He was interviewed on June 8th, yes.
MR. MEADORS: Okay. So, y'all are investigating.
DAVID OWEN: Yes, sir.
MR. MEADORS: Working with the locals.
DAVID OWEN: Yes, sir.
MR. MEADORS: Interviewing people.
DAVID OWEN: Yes, sir.
MR. MEADORS: Did you try to determine, or did you request anybody to check the videos in the area?
DAVID OWEN: Yes, sir. Let me back up. After interviewing Mr. Rowe, Dale Davis was the dog -- took care of the dogs, also arrived and we interviewed him and tried to get some information. Once we finished those interviews, our crime scene was done, we responded back to our Lowcountry office here in Walterboro. The Colleton County Sheriff's Office was there. The 14th Circuit solicitors and their investigators were present, as well as most of our office and other agents that we called in so we can relay to them what we had learned so far and what needed to be done. So, we started assigning tasks to other agents and Colleton County Sheriff's Office to go back out and start canvassing the neighborhood. You know, normally you would canvass the neighborhood when you're out there at night, and some agents were, but 2:00 or 3:00 in the morning most people are sleeping. And it's also the country. It's dark. You don't really get the lay of the land, so you go back the next day when it's daylight. So, we sent Colleton County out, and they went from one end of Moselle Road to the other attempting to locate video surveillance, talk to neighbors, see if they heard anything, saw anything, having any problems with burglaries, robberies in the area. Anything to develop a lead that we could track down.
MR. MEADORS: You were searching for any potential killers.
DAVID OWEN: Yes, sir.
MR. MEADORS: And did the search of the videos in the surrounding areas produce anything?
DAVID OWEN: No, sir. Not many homes are close to the road out there, and the ones that did, not all of them had video or video surveillance. The ones that did that we saw were at night, and you couldn't see. You can tell a car is passing but you couldn't tell the make, model, you couldn't see the tag number, so it was really useless.
MR. MEADORS: But y'all tried.
DAVID OWEN: We tried, yes, sir.
MR. MEADORS: And I think you said after Dale Davis, and he testified yesterday. When you talked to Rogan Gibson, is that when you first learned about a conversation where he may have heard some voices?
DAVID OWEN: Yes, sir.
MR. MEADORS: I mean, that morning you heard that from him.
DAVID OWEN: Agent Croft and Agent McCallister interviewed Rogan Gibson. I believe it was sometime midmorning or lunchtime. And me being the lead agent, everything that they learned they report back. So, I learned later on that afternoon that they had interviewed Mr. Gibson, and that Rogan had relayed a conversation that he had had with Paul on the phone about an injured dog, and that Rogan had requested a video, and that during the phone call what Rogan had heard in the background.
MR. MEADORS: Paul, Maggie, and 99 percent sure Alex?
DAVID OWEN: Yes, sir.
MR. MEADORS: Okay, and at some point on June 8th of 2021, was the big house or the main house, if you will, searched by law enforcement?
DAVID OWEN: Yes, sir. Agent Croft and Agent McCallister, upon their completion with Rogan Gibson, they went back to the house, spoke with those that were present. I believe they spoke with Attorney Lee Cope, which is a law partner of Alex Murdaugh's, as well as Alex's brother John Marvin. They told him while they were there they wanted to search the house for evidence, and they were given consent, and that search commenced.
MR. MEADORS: Did we get Alex's phone that night?
DAVID OWEN: No, sir.
MR. MEADORS: Okay. Now June 8th becomes June 9th. You're investigating, correct?
DAVID OWEN: Yes, sir.
MR. MEADORS: Working with the locals.
DAVID OWEN: Yes, sir.
MR. MEADORS: Everybody is getting leads to follow?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did you have an occasion to speak with Alex Murdaugh again?
DAVID OWEN: Yes, sir. On June 9th I contacted John Marvin Murdaugh, Alex's brother, and stated that we needed to sit down and have a more proper interview.
MR. MEADORS: And what do you mean by that, more proper?
DAVID OWEN: During -- right after a tragic event, you want to get as much information as possible, but you can imagine in speaking with somebody who has experienced a tragic event they're not going to remember everything. Later on once they have time and kind of memory reset, they're going to have more details; they're going to be thinking a little bit more clearer. So we scheduled an additional interview, which took place on June 10th with Alex Murdaugh and his brothers to see what they may have known, what they may have experienced in their lives that may have led to this. I mean, you know, at that time you don't have any information. You've got to go out and talk to everybody, or as many people as you can.
MR. MEADORS: And when you talked to -- we've seen it. Again, I'm not going to play it again. The jury has got it, but that second interview, who was there?
DAVID OWEN: With me was Alex Murdaugh, again, in the front seat. Agent Jeff Croft was sitting behind Alex. And Alex's attorney, Jim Griffin, who is at the defense table, was also in the vehicle, too.
MR. MEADORS: And this was a voluntary statement by the defendant, correct?
DAVID OWEN: Yes, sir, it was.
MR. MEADORS: Okay. No question that it was voluntary. He wanted to give it, and you wanted to ask him questions.
DAVID OWEN: Yes, sir.
MR. MEADORS: And I have to because it just comes out. Could you understand him?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did he appear to be under the influence of any alcohol, drugs, or other intoxicants?
DAVID OWEN: No, he did not.
MR. MEADORS: Did he have trouble understanding David Owen when he was asking him questions, in your mind?
DAVID OWEN: In my mind, if he wasn't -- again, if I wasn't clear, if I wasn't clear, I think he said excuse me or, you know, say that again if he didn't hear what I said, and, of course, I repeated myself. But it wasn't that he didn't understand me. It was more so that he didn't hear me.
MR. MEADORS: And did you -- could you understand his words, and were they appropriate to your answer -- to your questions?
DAVID OWEN: Yes, they were.
MR. MEADORS: And there's a colloquy between all of y'all and Mr. Griffin at several points in the interview, right?
DAVID OWEN: Yes.
MR. MEADORS: Did he appear to be clear in his mind is what I'm saying.
DAVID OWEN: Yes, sir.
MR. MEADORS: And this was how many -- well, first of all, when you talked to him that first statement, how long was it after the 911 call?
DAVID OWEN: I interviewed him, I spoke with -- interviewed him just before 1:00 a.m. on June 8th, and the 911 call came in on that Monday night at approximately 10:06 p.m.
MR. MEADORS: So, that's just a few hours afterwards.
DAVID OWEN: Yes, sir.
MR. MEADORS: Would you say it was fresh in his mind then?
DAVID OWEN: Yes, sir, I would.
MR. MEADORS: And this second interview was on what date and time?
DAVID OWEN: June 10th.
MR. MEADORS: Okay, and what time did you say?
DAVID OWEN: 1:30ish. Hang on just a minute, sir.
(Break in proceedings.)
DAVID OWEN: It began approximately 1:45 p.m. I'm sorry, 1:54 p.m.
MR. MEADORS: The first and the second interview, Special Agent David Owens, based on your being there and listening and asking questions, was the defendant clear about whether or not he had gone back down to the kennels after he went to the house?
DAVID OWEN: No, sir.
MR. MEADORS: Was he clear that he had not gone back down there?
DAVID OWEN: Yes, sir.
MR. MEADORS: That was clear he hadn't gone down there?
DAVID OWEN: That was clear.
MR. GRIFFIN: Objection. Leading.
JUDGE NEWMAN: You can't lead the witness.
MR. MEADORS: Did you have trouble understanding that?
DAVID OWEN: No, sir, I did not.
MR. MEADORS: And was he clear where he had gone after that --
DAVID OWEN: Yes, sir.
MR. MEADORS: -- based on your questions?
DAVID OWEN: He went to visit his mother in Almeda.
MR. MEADORS: And when he came back?
DAVID OWEN: When he came back, yes, sir.
MR. MEADORS: And that's the 12th, the second interview?
DAVID OWEN: June 10th.
MR. MEADORS: 10th, I'm sorry, I was skipping ahead. Did you collect the defendant's phone that day?
DAVID OWEN: I asked for consent to do a cell phone extraction. Dylan Hightower with the 14th Circuit actually conducted that extraction, and he conducted a logical extraction while Mr. Murdaugh was being interviewed.
MR. MEADORS: Now Conrad is the expert on phones, but what does logical extraction mean?
DAVID OWEN: So there's two types of -- I'm not a cell phone expert, but what I understand is a logical extract -- there's two types, logical and physical. Logical is basically the surface of your phone. You get the phone calls, text messages, emails, photographs, very basic information. The physical extraction, you get more files on the phone such as orientation change or steps, more intricate -- more information with the physical extraction.
MR. MEADORS: So on the 10th, working with the 14th Circuit Solicitor's Office investigator, y'all got a logical extraction.
DAVID OWEN: Yes, sir.
MR. MEADORS: And was the phone given back then?
DAVID OWEN: Yes, sir. Upon the completion of the extraction, it was given back, yes.
MR. MEADORS: But you're working with the local official at this point, correct?
DAVID OWEN: Yes, sir.
MR. MEADORS: After that, did you have an occasion to talk with Marian Proctor and her family without saying what they said?
DAVID OWEN: Yes, sir. I'm not sure of the exact date but it was some time that week, or the following week, that I spoke with Marian Proctor and her husband.
MR. MEADORS: And was Maggie Murdaugh's Mercedes processed?
DAVID OWEN: Yes, it was.
MR. MEADORS: Did y'all obtain search warrants?
DAVID OWEN: Yes, sir, we did.
MR. MEADORS: Would you dispute if I told that was June 15th for social media financial records, and to search the ponds of Moselle and surrounding areas?
DAVID OWEN: No, sir.
MR. MEADORS: And did y'all do that?
DAVID OWEN: Yes, sir, we did.
MR. MEADORS: You actually went out and searched?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did you -- how did you search the ponds?
DAVID OWEN: We had SLED Dive Team come down. Once they arrived and kind of surveyed the pond, it wasn't deep enough for them to actually dive so they just waded, you know. They had waders on, so they were basically walking basically on their hands and knees searching the ponds. There were some other waterways and ponds on the property that was searched, and I believe they went back the next day to complete searches. Also around that area, because going into Hampton, it's a swampy area -- it's the Salkehatchie, the Little Salkehatchie River. Those areas were searched. Also that same day that the ponds were searched, we did a land search in conjunction with Colleton County. They had ATVs, UTVs, four by fours, and, you know, we were searching the property looking for any evidence that might help us develop leads or point us in the right direction in the investigation.
MR. MEADORS: So, SLED is working.
DAVID OWEN: Yes, sir.
MR. MEADORS: Working with locals.
DAVID OWEN: Yes, sir.
MR. MEADORS: And did -- was the property searched again on June 16th?
DAVID OWEN: Yes, sir.
MR. MEADORS: And where was that?
DAVID OWEN: That's when the dive team returned and completed their search of the waterways and ponds.
MR. MEADORS: Also there were some Blackout cartridge casings and some shotgun shells that were seized later, correct, also?
DAVID OWEN: Yes, sir. The pond that was -- the first pond that was searched was by the shooting range, or the shoot house across Moselle from the main house. So going back to June 8th, when Agent Croft went back out to the house and they conducted a search, he located some additional 300 Blackout shell casings. We wanted -- we knew there was a shoot house by the ponds, so we went over there and located the 300 Blackout shell casings inside the shoot house, as well as some shell -- shot shells from shotguns by the pond, and those were collected.
MR. MEADORS: Did you end up talking with the pathologist?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did you have an occasion to speak with a -- where Maggie Murdaugh might have been on June 7th, any place she might have visited?
DAVID OWEN: Yes, sir. According to the statement that Alex gave me, that she was seen -- that she had been to Charleston to see a doctor, and he gave me a name. I did some research, and being from Charleston I was familiar with the doctor and the location, so I went by and spoke with the doctor. And they said -- they verified she was there that day. She told them -- they told me what she was wearing, which is the clothing that she was found that night. She didn't appear to be in any distress. It appeared to be a normal visit. I didn't get into what the visit was, but it was a normal visit for them.
MR. MEADORS: And days are becoming a week and you're moving on. Did you talk with the defendant, Alex Murdaugh, again during this time period?
DAVID OWEN: A few times, yes, sir.
MR. MEADORS: A few times?
DAVID OWEN: Yes, sir.
MR. MEADORS: Do you remember on July 28th meeting him at the Colleton County Sheriff's Office?
DAVID OWEN: Yes, sir. I believe it was a few days prior to the 28th, he had contacted me, but we still have custody of his Suburban, and he was seeking to have his Suburban returned to him. I indicated to him it was inoperable. I was unable to return it to him, and he asked to get some personal belongings out of there. I believe he had some clothing and some golf clubs in there. He was going on vacation with Maggie's family and needed his golf clubs.
MR. MEADORS: So, he called about his car?
DAVID OWEN: Yes, sir.
MR. MEADORS: I mean, that was the point of his phone call?
DAVID OWEN: He asked about the investigation as well. Well, he asked about the investigation. Later on on the 28th when I did meet with him and to, you know, let him get some of the clothing and some of his belongings out of the Suburban, he indicated to me that he some questions and wanted to know about the investigation, and I -- at that time I indicated, I said, well, I have some additional questions as well. I said I don't -- I think I had another interview scheduled. I said I can't meet with you right now. Can we meet some time tomorrow? He stated -- and again he stated, no, that he was going out of town. And I said, well, go with your family. Take a relaxing vacation. When you return, give me a call and let's schedule something and we'll sit down. A few days later, I believe it was August 3rd or August 4th, he returned my phone call and said I'm back, let's schedule something, and we scheduled the date for August the 11th.
MR. MEADORS: Okay. So he called, asked about the case, the car, you said you couldn't meet. I could meet with you tomorrow and he said he couldn't. He's is going on vacation?
DAVID OWEN: Yes, sir.
MR. MEADORS: When he gets back, y'all agree on a date for another interview?
DAVID OWEN: Yes, sir.
MR. MEADORS: And specifically what had you told him about that interview, or what did he ask you about that interview prior to this, prior to actually the interview?
DAVID OWEN: About setting up the interview?
MR. MEADORS: Yes, sir.
DAVID OWEN: He just stated he had some questions. He wanted to know what we were doing, where we were at, if we had any information, and I told him that we didn't have a whole lot, and I had some questions that I needed clarification on and I needed to sit down with him.
MR. MEADORS: Now, and prior to this -- and Savannah handled this -- had y'all collected a bunch of buccal swabs?
DAVID OWEN: Yes, sir.
MR. MEADORS: Okay. Why?
DAVID OWEN: Well, when our crime scene agents, when they process the scene, they look for touch DNA. Of course, you can't see it so you're just thinking, okay, where could somebody have touched? I know they swabbed door handles. They swabbed different areas. Evidently there were the shell casings and shot shells. There were no weapons found that night by the bodies, so we didn't have those to test, other than the shotgun that Alex had taken -- gone and gotten it -- gotten from the house during the 911 call. At that time, you know, I wasn't familiar with the Murdaugh family. I didn't know the Murdaugh family, but I knew that there was a large boat case. I knew there was an issue where Paul had been charged or indicted on the boat accident and the death of Mallory Beach. So, you know, that's a catastrophic event for that family. So, you know, you immediately think okay. Well, that's something big, so that needs to be addressed as well. And I have friends and family over at my house all the time, so their DNA is going to be there. I knew that Alex had friends and family at his house all the time, especially law partners. I saw them there. So if I'm going to start collecting DNA, I need to eliminate the ones that I know that were there. So, you start going out to friends, family, people talking to people in the boat case that were on the boat that night, trying to document their alibis and getting their DNA to make sure -- you know, to see, you know, if we find an unknown, is it them.
MR. MEADORS: So, you were trying to either rule in or rule out any other possible suspects.
DAVID OWEN: Yes.
MR. MEADORS: And who brought up the boat case first in this case when you got involved? When is the first time you heard about it?
DAVID OWEN: During the 911 call. Alex mentioned it in the 911 call. He mentioned it to Sergeant Greene when he arrived. He mentioned it to me during the interview.
MR. MEADORS: So, you followed up on that?
DAVID OWEN: Yes, I did. Or yes, we did.
MR. MEADORS: We did, and I missed -- I watched it but there some testimony with the pathologist about possible scenarios. What guns were found at or near Maggie and Paul when y'all got there?
DAVID OWEN: None.
MR. MEADORS: None?
DAVID OWEN: None. Other than the shotgun that was by Alex's truck that he retrieved from the house, but there were no guns found by Alex -- by Maggie or Paul.
MR. MEADORS: And that gun was given to you by Alex, given to law enforcement?
DAVID OWEN: It was given to law enforcement by Alex, yes, sir.
MR. MEADORS: Okay. Let's -- did you have an occasion to talk with the defendant again?
DAVID OWEN: On August the 11th.
MR. MEADORS: Okay, and tell these folks where that took place.
DAVID OWEN: At the SLED's Lowcountry Regional Office here in Walterboro.
MR. MEADORS: How far is that from where we're standing or sitting right now?
DAVID OWEN: 2, 3 minute drive. If you -- if you're from Walterboro any length of time, it's the old hospital, the mental health DSS building.
MR. MEADORS: They got y'all in the old hospital in the mental health building?
DAVID OWEN: Yes, sir.
MR. MEADORS: What time was it, the interview?
DAVID OWEN: The interview began at approximately 11:09 a.m.
MR. MEADORS: And describe the room, interview room itself.
DAVID OWEN: Well, I mean, it's plain walls. There's a table, small conference table about -- basically about the size of this desk and four chairs. Of course, we moved the chairs in and out to accommodate the number of people. There's video cameras up on the ceiling to record any interview that occurs in there.
MR. MEADORS: Are the video cameras visible?
DAVID OWEN: Yes, sir.
MR. MEADORS: Begs the Court's indulgence.
(Break in proceedings.)
MR. MEADORS: I'm going to show you what's marked as State's 511, 512, and 513, and just ask, does that relate to what you're saying right now, testifying to?
DAVID OWEN: Yes, it does.
MR. MEADORS: Your Honor, 511, 512, and 513, I believe without objection.
MR. GRIFFIN: No objection, Your Honor.
JUDGE NEWMAN: They're admitted.
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 511 WAS RECEIVED INTO EVIDENCE. LATER WITHDRAWN.)
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 512 WAS RECEIVED INTO EVIDENCE.)
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 513 WAS RECEIVED INTO EVIDENCE.)
MR. MEADORS: And the same put in the ELMO. Actually, Judge, I'm going to -- out of an abundance of caution I'm going to withdraw State's 511 without objection, I believe. I apologize. 511 is withdrawn with the Court's permission.
JUDGE NEWMAN: It's withdrawn.
(STATE'S 511, A PHOTO, WAS WITHDRAWN FROM EVIDENCE.)
MR. MEADORS: Please -- this 512 and 513 I'm holding. Just tell the folks what this is.
DAVID OWEN: That is the interview room in our Lowcountry SLED office.
MR. MEADORS: And can you see cameras in there?
DAVID OWEN: Yes, sir, up in the corners.
MR. MEADORS: Judge, I don't know if you want to take a break. We were going to play the interview now which may be semi-lengthy, and I just want to bring that to the Court's attention. I hope you don't mind me saying that.
JUDGE NEWMAN: All right, ladies and gentlemen, we'll have you go to the jury room for a short break.
(The jury left the courtroom.)
JUDGE NEWMAN: Take about five minute.
(A break was taken.)
JUDGE NEWMAN: You may bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: Very good. You may proceed.
MR. MEADORS: May it please Your Honor?
CONTINUED DIRECT EXAMINATION
BY MR. MEADORS:
MR. MEADORS: Special Agent David Owens, we stopped at -- right at -- right before we were going to talk about the interview on August 11th. Can you tell the ladies and gentlemen of the jury who was at that interview? Who participated in that interview?
DAVID OWEN: Alex Murdaugh and Cory Fleming.
MR. MEADORS: And prior to playing the video, was this a voluntary statement?
DAVID OWEN: Yes, it was.
MR. MEADORS: Okay. The defendant was not in custody?
DAVID OWEN: No, he was not.
MR. MEADORS: Was free to leave?
DAVID OWEN: Yes, he was.
MR. MEADORS: Was there because he wanted to be there.
DAVID OWEN: Yes, sir.
MR. MEADORS: All right. Did he tell you he wanted to ask some questions?
DAVID OWEN: Yes, he did.
MR. MEADORS: Did you tell him you wanted to ask him some questions?
DAVID OWEN: Yes, I did.
MR. MEADORS: Your Honor, I have -- we've now -- there's -- we have redacted the last part of this video with the consent of both parties. What's contained on 517 includes the video without the redaction, and we now offer 517, I believe without objection.
MR. GRIFFIN: No objection.
JUDGE NEWMAN: It's admitted.
(DVD MARKED AS STATE'S EXHIBIT NUMBER 517 WAS RECEIVED INTO EVIDENCE.)
MR. MEADORS: Permission to publish if someone would, please.
(Break in proceedings.)
MR. MEADORS: Before we get started, who is Cory Fleming?
DAVID OWEN: Cory Fleming was a defense attorney out of the Beaufort area, also a friend of Alex Murdaugh's.
MR. MEADORS: Did you know him prior to this?
DAVID OWEN: No, sir, I did not.
MR. MEADORS: Cory Fleming?
DAVID OWEN: No, sir.
MR. MEADORS: Thank you.
(Interview of the defendant, Alex Murdaugh, was played. Audio not transcribed.)
MR. MEADORS: Who is down to your right?
DAVID OWEN: To my right was Special Agent Jeff Croft.
MR. MEADORS: Jeff Croft who has testified?
MR. MEADORS: Jeff, are you still in here?
MR. MEADORS: That's the agent back there in the back?
DAVID OWEN: Yes, sir.
MR. MEADORS: What time is this?
DAVID OWEN: It indicates 9:50. The time was incorrect on our recording system. But my notes, or my report indicates that it was 11 -- approximately 11:09 a.m.
MR. MEADORS: Thank you.
MR. MEADORS: I'm sorry, Judge, one of the jurors is requesting something, Judge.
(Break in proceedings.)
(The video continued to play.)
MR. MEADORS: And Creighton, if I -- stop it for one second.
MR. MEADORS: To the left of Mr. Murdaugh, I know we've got an inset smaller, but to the left of Mr. Alex Murdaugh, the defendant, is that Cory Fleming?
DAVID OWEN: Yes, it is.
MR. MEADORS: Thank you.
(The video continued to play.)
MR. MEADORS: So at that point in the interview, she said -- did he tell you she came home because she was worried about his dad?
DAVID OWEN: Yes.
MR. GRIFFIN: Objection, Your Honor.
JUDGE NEWMAN: Basis for the objection?
MR. GRIFFIN: Leading. He's just repeating what the jury just heard.
JUDGE NEWMAN: Yes, sir?
MR. MEADORS: Your Honor, I can play it and come back and ask him to clarify that. That's all.
JUDGE NEWMAN: Okay.
MR. MEADORS: Go ahead, please.
(The video continued to play.)
MR. MEADORS: Can you stop right there, please?
MR. MEADORS: I'm not going to ask you to repeat that, but this next question regarding him and a tree video, had you confronted him with that before?
DAVID OWEN: No, sir, I had not.
MR. MEADORS: Okay.
MR. MEADORS: Please go ahead.
(The video continued to play.)
MR. MEADORS: Is he asking you now what time that picture was?
DAVID OWEN: Yes, sir.
MR. MEADORS: Okay.
MR. MEADORS: Go ahead.
(The video continued to play.)
MR. MEADORS: Had you talked with Shelley Smith at this point?
DAVID OWEN: She had been interviewed, yes, but I had not spoken to her by this time.
MR. MEADORS: 45 minutes to an hour?
DAVID OWEN: Yes.
(The video continued to play.)
JUDGE NEWMAN: Can you turn up Mr. Owen's volume?
MR. WATERS: On the video?
JUDGE NEWMAN: Yes. Turn up the volume.
MR. WATERS: Yes, sir.
(The video continued to play.)
MR. MEADORS: So, right here in the interview your question was did Paul tell you that. So, did he deny this, he'd had a conversation with Paul about that --
DAVID OWEN: He never said he had a conversation.
MR. GRIFFIN: Objection. Leading.
JUDGE NEWMAN: Don't lead the witness.
MR. MEADORS: What, if anything, did you he say about whether he'd had a conversation with Paul about that?
DAVID OWEN: He didn't indicate that he had a conversation with Paul. He said he had a conversation with Rogan Gibson.
MR. MEADORS: That he'd heard that from Rogan?
DAVID OWEN: Yes, sir.
(The video continued to play.)
MR. MEADORS: Stop it right there. I'm sorry.
MR. MEADORS: Had you confronted him with what you're about to ask him prior to this?
DAVID OWEN: No, I had not.
MR. MEADORS: The question you had just asked him, did that deal with whether he went down to the kennels or not after supper?
DAVID OWEN: Correct.
MR. MEADORS: And he said he had not.
DAVID OWEN: He had not.
MR. MEADORS: Okay.
MR. MEADORS: Go ahead, please.
(The video continued to play.)
MR. MEADORS: And you're now asking him about shell casings that are found by Paul. That's Maggie's body, correct?
DAVID OWEN: The cartridge casings found by Maggie, yes.
MR. MEADORS: Had he ever been confronted with this information prior to right now that you know of?
DAVID OWEN: Not that I'm aware of. I believe he was, but not by me, I don't think.
MR. MEADORS: Okay. That's fine.
MR. MEADORS: Go ahead.
(The video continued to play.)
MR. MEADORS: Did he say when I went up to him the phone came out?
DAVID OWEN: Yes, sir. Or popped out is what he told me in the first interview.
MR. MEADORS: Thank you.
(The video continued to play.)
MR. MEADORS: Your question was you told the dispatcher hour or 2 hours ago?
DAVID OWEN: Hour and a half to 2 hours.
MR. MEADORS: Hour and a half to 2 hours. What time was the 911 call?
DAVID OWEN: 10:06 p.m.
MR. MEADORS: Hour and a half or 2 hours prior to that?
DAVID OWEN: Yes, sir.
MR. MEADORS: Go ahead.
(The video continued to play.)
MR. MEADORS: Can I ask you a question?
DAVID OWEN: Yes.
MR. MEADORS: At this point in the investigation, did you have the video back from Paul's phone showing the dog in the kennels?
DAVID OWEN: No, sir, I had not.
MR. MEADORS: Go ahead.
(The video continued to play.)
MR. MEADORS: He said he thought they shot Maggie first, or Maggie was shot first?
DAVID OWEN: He thought -- Alex said that he thought Maggie was shot first because she'd been shot in the back of the head.
MR. MEADORS: Go ahead.
(The video continued to play.)
MR. MEADORS: You just -- did you just ask him we've established family guns were used?
DAVID OWEN: Yes, I did.
MR. GRIFFIN: Objection, Your Honor. Leading.
JUDGE NEWMAN: The objection is overruled. Proceed.
MR. MEADORS: What was his response? Would nothing be the answer?
DAVID OWEN: Correct.
MR. MEADORS: Go ahead.
(The video continued to play.)
MR. MEADORS: Is that the first time he has ever asked you that?
DAVID OWEN: Yes, sir.
MR. MEADORS: Ever?
DAVID OWEN: That I recall, yes.
MR. MEADORS: In the whole investigation to this point?
DAVID OWEN: Yes, sir.
MR. MEADORS: Go ahead.
(The video continued to play.)
MR. MEADORS: Where did you go?
DAVID OWEN: I had to step out and use the restroom.
(The video was played.)
JUDGE NEWMAN: Ladies and gentlemen, we're going to break for lunch and return at 2:20.
(The jury left the courtroom.)
JUDGE NEWMAN: How long more is the video?
MR. MEADORS: Judge, we are literally just about 5 more minutes, 20 minutes, 19 minutes.
JUDGE NEWMAN: So, you don't know?
MR. MEADORS: No, sir.
JUDGE NEWMAN: We will be back at 2:20.
MR. MEADORS: 14 minutes, Your Honor.
(A lunch break was taken.)
JUDGE NEWMAN: You may bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, Your Honor.
JUDGE NEWMAN: Thank you. You may proceed.
MR. MEADORS: May it please the Court?
JUDGE NEWMAN: Yes, sir.
MR. MEADORS: We will now continue with the interview, Your Honor.
(The video continued to play.)
MR. MEADORS: Your Honor, apparently there's a period here, we've agreed that we will fast forward, which we will pick back up when he comes in. And the defense has agreed with that, is my understanding.
MR. GRIFFIN: That's correct.
JUDGE NEWMAN: All right.
(The video was played.)
MR. MEADORS: Talking with Mr. Griffin, there's one sentence after that before we redacted we both agreed that I could leave and ask you, after that last question did he say, well, I understand, I mean, and shaking his head?
DAVID OWEN: Yes.
MR. MEADORS: So on August 11 of 2021, after this interview, during this interview, did you consider Alex Murdaugh a suspect in the death of his son and his wife?
DAVID OWEN: He was the only known suspect at that time, yes.
MR. MEADORS: And that day, was the case transferred from Solicitor Duffy Stone to Attorney General Alan Wilson with the South Carolina Attorney General's Office?
DAVID OWEN: Yes, it was.
MR. MEADORS: I just want to go back right before we ended, and not trying to get you to elicit or repeat this, but do you remember when you asked -- or do you remember when he told you I know y'all have got to look at me, and I've tried to have as little discussions with people that y'all are interviewing, you know, with all this talk about that. Do you remember that?
DAVID OWEN: Yes, I do.
MR. MEADORS: How did you take that statement to mean, his answer when he said that?
DAVID OWEN: That he was trying to stay out of the investigation and let us do our work.
MR. MEADORS: Okay, and early in the investigation, he asked you about -- well, that tree going back and forth, was he clear on when that video was taken of him in the clothes on the tree? Was he clear?
DAVID OWEN: He didn't recall.
MR. MEADORS: At this point, had you already talked to Blanca Simpson, or had she been talked to in reference --
DAVID OWEN: She had been interviewed, yes.
MR. MEADORS: And at some point after August 11th, did Blanca Simpson also provide some information in investigations about a conversation she had with the defendant, Alex Murdaugh?
DAVID OWEN: Yes.
MR. MEADORS: And was that concerning the shirt?
DAVID OWEN: Yeah. Several months later she provided information that she and Alex had had a conversation about --
MR. MEADORS: Without -- go ahead.
DAVID OWEN: -- about what he'd been wearing that day when he left to go to work.
MR. MEADORS: And just briefly going through the interview, you asked him about when Maggie coming -- was coming to Moselle and why. Did you have -- in the course of the investigation, did you have the emails from -- excuse me -- from Blanca and/or Maggie's phone to each other then?
DAVID OWEN: No, I did not.
MR. MEADORS: Okay, and early on in the interview, you asked him how long he'd stayed at his mama's house?
DAVID OWEN: Yes, and he stated approximately 45 minutes.
MR. MEADORS: 45 minutes to an hour?
DAVID OWEN: Yes, sir. Yeah, 45 minutes to an hour, yes.
MR. MEADORS: And at that point in the investigation, had you talked Mushelle Shelley Smith about a conversation she had with Alex Murdaugh and the amount of time that he said he was there?
DAVID OWEN: Yes. She had been interviewed by that time. Again, there were so many agents going out and doing interviews and reporting back to me, but she stated that it was somewhere around 20 minutes. I don't have her report, I don't remember exactly what was said, but I know when -- our first interview, he had stated that it was around -- he had spent about 20 minutes, 20 or 30 minutes with his mother.
MR. MEADORS: And did your investigation reveal any inconsistencies regarding what Mr. Murdaugh had told you?
DAVID OWEN: Yes, it did.
MR. MEADORS: And was that significant to you in your investigation?
DAVID OWEN: It was because it wasn't just -- it wasn't one inconsistency. It was several inconsistencies over a period of time that were repeated.
MR. MEADORS: Now, you asked him about a list of guns several times in these interviews. Did you ever get a list of guns from Alex Murdaugh?
DAVID OWEN: I have not.
MR. MEADORS: Between June 7, 2021, and August 11, 2021, this interview, how many times did he call you asking about the investigation?
DAVID OWEN: We spoke approximately five or six times.
MR. MEADORS: What were the inconsistencies that stood out in your mind?
DAVID OWEN: The times, for one. From the first interview with his -- where he went to his mother's -- or let me refer back to my notes.
(Break in proceedings.)
MR. MEADORS: Time at his mother's, is it fair just to say that?
DAVID OWEN: So when he -- the first interview in June, he stated that it was at his mother's for approximately -- I'm sorry -- first off he stated for a little while. And then the second interview on June the 10th it changed to -- I'm sorry, give me just a second -- about 25 or 30 minutes. And then the other -- the third interview it was 45 minutes to an hour. And then some other inconsistencies is how much time he spent with Paul riding around. The first time it was 45 minutes to an hour; the next time he talks about riding on the farm anywhere from an hour and a half to 2 hours. And then the inconsistencies. You know, I had the information from Rogan Gibson that he heard Alex -- he believed he heard Alex in the background, and on the three interviews Alex had never indicated that he was at the kennels, that he was at the house either taking a nap, playing on his phone, or watching TV, and this was after dinner.
MR. MEADORS: Was he ever inconsistent about whether or not he went down to the kennel after supper that night?
DAVID OWEN: Yes.
MR. MEADORS: Did he ever say he did go down there after dinner?
DAVID OWEN: He never told me he went down there after dinner.
MR. MEADORS: Never told you that.
DAVID OWEN: He told me he took a nap, that he was at the house after dinner. Maggie -- he knew that Maggie went to the kennels. At first he wasn't sure where Paul went, but then he realized that Paul must have gone to the kennels because that's where he found him, but that he stayed at the house and took a nap.
MR. MEADORS: Now, there's been some discussion, and I think your testimony was he brought it up in the 911 -- case -- about the boat case?
DAVID OWEN: Yes, sir.
MR. MEADORS: And that happened in what year?
DAVID OWEN: February of 2019.
MR. MEADORS: 2019, and was that case nolle prossed, nolle prosequi, dismissed by the Attorney General's Office in the -- after Paul's death? Can you prosecute a dead man?
DAVID OWEN: No, sir, you cannot. And it's my understanding that the Attorney General's Office nolle prossed Paul's case in August of 2021.
MR. MEADORS: So that case criminally, like we're in a criminal courtroom, was over.
DAVID OWEN: Yes, sir.
MR. MEADORS: At some point in 2021 in the fall, did a financial investigation begin involving Alex Murdaugh?
DAVID OWEN: Yes, sir.
MR. MEADORS: Would it be fair to say that overlapped with this investigation?
DAVID OWEN: It did.
MR. MEADORS: Would it be fair to say those investigations fed off each other?
DAVID OWEN: They did. From the information that I was learning from that investigation into the finances, it gave me additional people to consider to look at, and consider even to look at Mr. Murdaugh as, you know, a reason why or why not.
MR. MEADORS: Were there individuals in the financial investigation that you also interviewed in reference to this investigation?
DAVID OWEN: I did.
MR. MEADORS: And did -- some of that information you learned from the interviews or grand jury testimony?
DAVID OWEN: Yes, I did.
MR. MEADORS: Did you then follow up on some of that information?
DAVID OWEN: Yes, I did.
MR. MEADORS: And from August/September '21 to the summer of '22, were you, as a member of the South Carolina Law Enforcement Division, working exclusively or primarily on this case?
DAVID OWEN: That's correct.
MR. MEADORS: And were search warrants still out there you were waiting on?
DAVID OWEN: Yes, sir. There was a multitude of search warrants.
MR. MEADORS: And let's talk just a moment -- I'm about through -- about the phones, if we could.
DAVID OWEN: Okay.
MR. MEADORS: You, law enforcement, got Maggie Murdaugh's phone when? I mean, when did you actually take physical custody of it?
DAVID OWEN: Maggie Murdaugh's phone was recovered on June 8th of 2021 on the side of Moselle Road.
MR. MEADORS: And what -- were you able to do -- you, law enforcement is who I'm talking about -- able to get -- how much information did you get from Maggie's phone in this investigation?
DAVID OWEN: The family gave us -- I believe it actually came from Alex or either Buster, but we got access to her phone through her password, so we were able to do a full extraction from her phone.
MR. MEADORS: A full extraction?
DAVID OWEN: Yes, sir.
MR. MEADORS: And some that is included in the timeline that's already been entered -- going to be entered by Mr. Waters in a little bit, right?
DAVID OWEN: Yes, sir.
MR. MEADORS: Full extraction.
DAVID OWEN: Full extraction.
MR. MEADORS: Now, how about Alex's phone? Was it initially taken on June 7th or June 8th?
DAVID OWEN: It was not taken on June 7th or June 8th. We got an extraction on June 10th when we met for our second interview but that, again, that was just a logical extraction, not a full extraction.
MR. MEADORS: Which was -- I don't know if they all understand, but that's a surface, right?
DAVID OWEN: That's just a surface.
MR. MEADORS: Just basically get it off the top, right? Did you ever get that phone back?
DAVID OWEN: In September, yes, sir.
MR. MEADORS: In September. And at that point was further information attempted to be gathered from Alex Murdaugh's phone?
DAVID OWEN: Yes, sir.
MR. MEADORS: And how successful was that?
DAVID OWEN: Being the time difference between June and September, a lot of -- or a lot of the earlier on information had been overwritten. It's just the way the computers work. You have to clear out memory to make room for new memory. So, some information had been not erased but cached out. So, we were able to gain some information from the logical in June and compare it to what we -- the full extraction that we did in September.
MR. MEADORS: And were you able to determine what had been erased off of it?
DAVID OWEN: There were some phone calls that had been erased, yes.
MR. MEADORS: Now, let's talk about Paul's phone. If we go back in the interview just very briefly on Paul's phone --
MR. MEADORS: I'm sorry, Judge, one second. I apologize.
(Break in proceedings.)
MR. MEADORS: You had asked him when he turned Paul over and his cell phone popped out. Do you remember that?
DAVID OWEN: Yes, I do.
MR. MEADORS: And was his answer a little while ago I don't know? I mean, when I went up to him the phone came out but I don't remember having any intentions of doing anything with the phone?
DAVID OWEN: Well, the first interview he stated that the phone popped out, and then he picked it up and thought about doing something with it, thought better of it, and put it back down.
MR. MEADORS: In this interview, he said it came out, right?
DAVID OWEN: Yes.
MR. MEADORS: Now Paul's phone, did y'all attempt to do -- so, you had it from June 7th until today.
DAVID OWEN: Yes.
MR. MEADORS: Were you able to do a full extraction on Paul's phone?
DAVID OWEN: We were able to finally do a full extraction in March of 2022.
MR. MEADORS: Okay, March of 2022?
DAVID OWEN: Yes, sir.
MR. MEADORS: And what, if any, information came as a result of that extraction after March of 2022?
DAVID OWEN: The kennel video that showed --
MR. MEADORS: That we've all --
DAVID OWEN: That we've all seen, yeah. The kennel video where Paul is videotaping the chocolate lab and you can hear Maggie, and Paul, and Alex in there. And that video is time stamped at 8:44.
MR. MEADORS: Say it again.
DAVID OWEN: 8:44 p.m.
MR. MEADORS: And until that day -- what day was it, do you know? If you don't, that's fine. But it came out what month?
DAVID OWEN: I believe I got the information on April 8th of 2022.
MR. MEADORS: Until that day and it was extracted, to your knowledge did anybody else in the world know that was on there except Paul?
DAVID OWEN: Nobody, to my knowledge.
MR. MEADORS: And up until this past -- well, was information in this investigation gathered up through last weekend?
DAVID OWEN: Yes, it is.
MR. MEADORS: And what was that?
DAVID OWEN: The General Motors information from Alex's 2021 Suburban.
MR. MEADORS: So SLED from June 7th, in a combination with the locals, the feds, have been in an investigation of this case nonstop?
DAVID OWEN: That is correct.
(Break in proceedings.)
MR. MEADORS: I believe there's a housekeeping matter, the -- Paul's shoes, move it into evidence, 103 (sic). I don't believe there's an objection to that.
(Break in proceedings.)
MR. GRIFFIN: No objection, Your Honor.
MR. MEADORS: It's 103 without objection. Thank you very much -- 36 without objection.
JUDGE NEWMAN: It's admitted.
(SHOES MARKED AS STATE'S EXHIBIT NUMBER 36 WERE RECEIVED INTO EVIDENCE.)
JUDGE NEWMAN: Any further questions?
MR. MEADORS: Very briefly, yes, sir.
BY MR. MEADORS:
MR. MEADORS: I don't believe I asked you this before. The -- couple of questions. Were there any other credible leads that you investigated that led you to anybody else besides Alex Murdaugh?
DAVID OWEN: Not credible, no, sir.
MR. MEADORS: Did you follow up with every lead that came in on this case, social media other otherwise?
DAVID OWEN: Yes, we did.
MR. MEADORS: All of SLED did?
DAVID OWEN: Yes, sir.
MR. MEADORS: Locals?
DAVID OWEN: Charleston -- Colleton County as well, yes.
MR. MEADORS: Law enforcement really worked together on this case, didn't they?
DAVID OWEN: Yes, we did.
MR. MEADORS: And is the individual that you took this statement from on August 11th of 2021 in the courtroom?
DAVID OWEN: Yes, he is.
MR. MEADORS: Sitting between Mr. Harpootlian and Mr. Griffin?
DAVID OWEN: Yes, sir, a blue blazer and white shirt.
MR. MEADORS: We would ask the record so reflect. That's all we have at this time. Thank you.
JUDGE NEWMAN: Cross-examination?
MR. GRIFFIN: Thank you, Your Honor.
CROSS-EXAMINATION
BY MR. GRIFFIN:
MR. GRIFFIN: Good afternoon, Agent Owen.
DAVID OWEN: Good afternoon, sir.
MR. GRIFFIN: Get my stuff organized here. We've heard you explain, and I think Agent Croft explained, about sort of the investigative circle.
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And I think you'd talked to Alex about that on the video, that he is in the circle.
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And he was in the circle from the moment he called 911, correct?
DAVID OWEN: I would say yes.
MR. GRIFFIN: And no one had to give you any lead to put him in the circle, right?
DAVID OWEN: No, sir. He's the one -- he called 911 and he's the one who discovered -- he was the one who discovered them. He's closest in relation to them.
MR. GRIFFIN: So, when you're asked about were you given any other credible leads except the one that led to Alex Murdaugh, I mean, he was there from the moment he called 911.
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And what has happened over the last year and a half, two years, is, as you explained, you've been unable to get him out of the circle. Isn't that right?
DAVID OWEN: That is correct.
MR. GRIFFIN: So, if someone is in the circle and can't get themselves out, they end up sitting over there where he is today, that's what happens. Isn't that's right?
DAVID OWEN: As long as there's credible evidence to keep him in that circle, yes.
MR. GRIFFIN: Well, we're going to get to that. Here SLED failed to take immediate steps. I mean, maybe it's not all SLED, but SLED and the Colleton County Sheriff's Department failed to take immediate steps to preserve evidence that could possibly exclude Alex Murdaugh from that circle. Would you agree with that?
DAVID OWEN: I don't think it was a failure, no, sir.
MR. GRIFFIN: Well, let's get this right. Your investigation, as I understand it, leads you to conclude that Paul and Maggie were murdered sometime between 8:50 p.m. on June the 7th and 9:06 p.m., correct?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And whoever murdered Maggie and Paul would at a minimum have in their possession an AR15 style assault rifle and a 12 gage shotgun, correct?
DAVID OWEN: Not unless they got rid of it.
MR. GRIFFIN: Well, the moment they were murdered --
DAVID OWEN: Yes.
MR. GRIFFIN: -- someone had to have -- one person or two people had to have murder weapons, right?
DAVID OWEN: Yes.
MR. GRIFFIN: Paul was murdered with a 12 gauge, right?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: You would agree then that the murderer had a 12 gauge shotgun.
DAVID OWEN: Yes, sir.
MR. GRIFFIN: You would agree that the murderer had some AR15 style assault weapon that killed Maggie, right?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And you would agree at the time they were murdered, they would have those weapons.
DAVID OWEN: Yes.
MR. GRIFFIN: And would you agree that whoever murdered Maggie and Paul would likely have blood and biological material on them following the shotgun blast that essentially blew Paul's brains out of his head?
DAVID OWEN: They would have some, yes.
MR. GRIFFIN: And on the night of June the 7th, you said it was after midnight, so we would go to the early morning hours. 1:00 a.m. on June the 8th, you interviewed Alex and he told you that he had left Moselle some time between 9:00 and 9:10 to check on his mother. Is that right?
DAVID OWEN: That is correct.
MR. GRIFFIN: So, if Alex was the perpetrator as alleged, he would have had to brutally murder his wife and son some time after 8:50 p.m. and 9:06, dispose of the murder weapons either somewhere on the Moselle property, within the Moselle residence, along the drive to Almeda, or at his mother's residence or property at Almeda. Is that correct?
DAVID OWEN: Yes.
MR. GRIFFIN: Now, immediately when law enforcement arrived, they secured the immediate murder scene --
DAVID OWEN: That is my understanding, yes.
MR. GRIFFIN: -- down at the kennels. And they eventually thoroughly searched the Moselle residence. There was search of the Moselle residence the next day, correct?
DAVID OWEN: That's correct.
MR. GRIFFIN: Do you know what time that was? Early afternoon or late morning?
DAVID OWEN: That is the approximate time, yes.
MR. GRIFFIN: And no murder weapons were found in the residence. Is that correct?
DAVID OWEN: That is correct.
MR. GRIFFIN: And no murder weapons were found on the property at Moselle. Is that correct?
DAVID OWEN: That is correct.
MR. GRIFFIN: And was a search of the route between Moselle and Almeda ever done?
DAVID OWEN: It wasn't walked from Moselle to Almeda, but it was driven several times.
MR. GRIFFIN: And you didn't find any weapons there, correct?
DAVID OWEN: No, sir.
MR. GRIFFIN: And was a search of the waterways along the route done between Moselle and Almeda?
DAVID OWEN: Most waterways, yes.
MR. GRIFFIN: Excuse me?
DAVID OWEN: Most waterways. I don't know if every single one was searched, but there were several waterways searched.
MR. GRIFFIN: Now, we know from the General Motors OnStar data that was delivered during the middle of this trial that Alex did not stop from the moment he left Moselle to drive to Almeda. Is that correct?
DAVID OWEN: Correct.
MR. GRIFFIN: You've reviewed that.
DAVID OWEN: Yes.
MR. GRIFFIN: There was no detours along the way, correct?
DAVID OWEN: No, sir.
MR. GRIFFIN: And you never searched the Almeda property for any signs of murder evidence -- guns, bloody clothes, or anything -- until well after some time in mid to late September. Is that correct?
DAVID OWEN: That is correct.
MR. GRIFFIN: You could have searched Almeda that night, correct?
DAVID OWEN: If I had probable cause to, yes, sir.
MR. GRIFFIN: Well, was anybody denying consent to search? When I say anybody, did -- Alex Murdaugh gave you carte blanche consent to search anywhere on his property, did he not?
DAVID OWEN: Yes, he did.
MR. GRIFFIN: And John Marvin was assisting SLED in facilitating wherever you wanted to look. Wasn't he doing that?
DAVID OWEN: He was, but the night of June 7th, even though Alex was in the circle basically by default because of his close relationship with the victims and finding them, I did not consider him the main suspect, or the only suspect, because I had no probable cause and no evidence to support that he killed his wife and son.
MR. GRIFFIN: Well, if a thorough, tight, quick, prompt investigation had been taken from the Moselle property, the route to Almeda, and the Almeda property, that could have possibly excluded Alex from this circle, couldn't it, if you found no evidence of guns, bloody clothes, or anything, right?
DAVID OWEN: If you know what you're looking for and where to look, it may have some type of information that would lead you to that area, yes.
MR. GRIFFIN: And that opportunity was missed. Would you agree with that?
DAVID OWEN: I wouldn't say it was missed because it wasn't known about other than, you know, several hours later when we get to the bodies and there are no weapons found. It wasn't until the casings and the shotshells were recovered that I actually knew what the calibers were.
MR. GRIFFIN: Okay. Pretty clear the night of the murders the Colleton County sheriff's deputies on the scene recognized the shell casings as being 300 blackouts, correct?
DAVID OWEN: That's what they told me, but I wanted to verify for myself.
MR. GRIFFIN: Right, and by 6:00, 7:00, 8:00 the next morning on June the 8th, Rogan Gibson had been interviewed where he said I thought I heard Alex Murdaugh's voice in the background, right?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And Alex had told you that he had gone to the -- that he left Moselle and gone to Alemda, right?
DAVID OWEN: Yes.
MR. GRIFFIN: And so as of the late morning of June the 8th -- well, let me back up. That first interview with Alex you state that he did not inform you that he was down at the kennels after dinner, right?
DAVID OWEN: That is correct. He said --
MR. GRIFFIN: And you get the information from Rogan Gibson that contradicted that.
DAVID OWEN: Yes.
MR. GRIFFIN: And Alex Murdaugh is in the middle of this circle on the morning of June 8th.
DAVID OWEN: Well, I still needed to build a timeline because speaking with Alex, he was giving me some times and I needed to build that timeline. And not having that, coupled with Rogan's statement that he was -- he was 100 percent sure he was on the phone with Paul. He was 100 percent sure that he heard Maggie. He was only 99 percent sure. Even though it's a great percentage, he said he was 99 percent sure it was Alex. I needed to gather some more information before I just go back and confront Alex on that.
MR. GRIFFIN: Sure. Well, tell me what the thought process was behind searching the Moselle residence. What were you looking for?
DAVID OWEN: Any types of ammunition. It was 300 Blackout. We had the 12 gauge shotshells. We know that it's -- hunting is going on. Hunting goes on out there of all types. In the shed there was some additional ammunition that was in a bucket. I needed to see what type of ammunition or firearms were in the house to try to get documentation of what was missing, what was there.
MR. GRIFFIN: And why was Agent McCallister looking in the tubs and the drains for guns?
DAVID OWEN: Why was she?
MR. GRIFFIN: Yeah.
DAVID OWEN: You'll have to ask her. I wasn't there.
MR. GRIFFIN: I mean, it was obvious that you were searching to see if there was any evidence of blood in the house. You would want to do that, right?
DAVID OWEN: Yes.
MR. GRIFFIN: Because Alex is in the circle and he'd been to the house.
DAVID OWEN: Yes.
MR. GRIFFIN: Alex is in the circle. He had been to Almeda, right?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And no one went to Almeda to look for guns or blood or bloody clothes, did they?
DAVID OWEN: Not that day, no, sir.
MR. GRIFFIN: Would you agree that that was an opportunity missed?
DAVID OWEN: For Almeda, yes.
MR. GRIFFIN: Now, we talked about the murder weapons. You would expect that the murder weapons would also have on them, at least the shotgun, the 12 gauge that killed Paul, would have some biological material, blood on the shotgun, fair enough?
DAVID OWEN: Fair enough.
MR. GRIFFIN: And the assault weapon and the shotgun would have GSR on it, would it not?
DAVID OWEN: Yes.
MR. GRIFFIN: And if someone were transporting a shotgun with blood on it and a rifle with GSR on it and you got their vehicle, you would look for signs of that in the vehicle, would you not?
DAVID OWEN: Yes.
MR. GRIFFIN: And that was done here, was it not?
DAVID OWEN: It was done on the Suburban and the Mercedes, yes.
MR. GRIFFIN: Excuse me?
DAVID OWEN: It was done on the Suburban and the Mercedes, yes.
MR. GRIFFIN: Yeah, and so there's nothing in the Suburban, there's no blood in the back where people would possibly carry guns. Let's say the back. I'm talking the back/back.
DAVID OWEN: The cargo area, yes.
MR. GRIFFIN: Yeah. There's no evidence of blood back there, right?
DAVID OWEN: No, sir.
MR. GRIFFIN: No evidence of GSR back there, was there?
DAVID OWEN: No, sir.
MR. GRIFFIN: There's no evidence of blood or GSR in the second or third seats, correct?
DAVID OWEN: No, sir.
MR. GRIFFIN: And the only GSR found in the Suburban was one speck, one speck on a belt buckle -- I mean, a seatbelt buckle, right?
DAVID OWEN: That is correct.
MR. GRIFFIN: And there was one drip of blood confirmed on the steering wheel that comes back with Maggie's DNA. Is that right?
DAVID OWEN: Yes.
MR. GRIFFIN: And we know from the General Motors stuff we just got during the trial that that Suburban never went down to the kennels until after Alex came back from Almeda. Is that right?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: So, can we rule out that Alex put any guns from the murder in the back of the Suburban?
DAVID OWEN: Unless it was wrapped in something.
MR. GRIFFIN: Okay, and have you found anything it was wrapped in?
DAVID OWEN: We have a blue raincoat that has numerous particles of GSR in it.
MR. GRIFFIN: Let's talk about that blue raincoat for a second.
DAVID OWEN: Sure.
MR. GRIFFIN: You developed information about a blue tarp from interviewing -- or SLED agents interviewing Shelley Smith. Is that correct?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And when you're doing a search some time in September at Almeda for this blue tarp, you find a blue rain jacket rolled up in a closet, right?
DAVID OWEN: I believe it was balled up, yes, sir.
MR. GRIFFIN: You say balled up, and you were there during the search, right?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And you also found a tarp somewhere else in the -- on the property, right? I mean, excuse me, in the attic or somewhere?
DAVID OWEN: Yes, sir. It was on the second floor folded up in a tote in a closet with other things on top of the tote.
MR. GRIFFIN: And so this blue rain jacket, you showed it to Shelley Smith, didn't you, and said is this what you were talking about?
DAVID OWEN: I showed her a picture.
MR. GRIFFIN: You showed a picture to Shelley Smith?
DAVID OWEN: I showed a picture to Shelley Smith to ask her if it was the similar color.
MR. GRIFFIN: And when did you show Shelley Smith that picture?
DAVID OWEN: I believe it was last month.
MR. GRIFFIN: Last month. It -- well, so, was it during the trial?
DAVID OWEN: No, sir.
MR. GRIFFIN: Was it preparing for trial?
DAVID OWEN: I believe so, yes.
MR. GRIFFIN: Okay, but you had not shown her that before Alex Murdaugh had been indicted for murder, right?
DAVID OWEN: No, sir.
MR. GRIFFIN: But you had shown that blue rain jacket to a number of people to see if they recognized it?
DAVID OWEN: I showed it to family members to see if they recognized it as being Alex, Maggie, Paul's, Buster's, or anybody else in the family.
MR. GRIFFIN: And not a single family member recognized that blue rain jacket.
DAVID OWEN: No, they did not.
MR. GRIFFIN: And Shelley Smith described the tarp, as she saw it, laying out on Ms. Libby's retirement rocking chair, and it was a tarp, right?
DAVID OWEN: She told me that it was a blue vinyl type looking tarp type material, and that Alex came in and it was folded up, or balled up in his arms, and then after he left she noticed it laying on the chair.
MR. GRIFFIN: And so you showed her a picture of this balled up rain jacket and said is it this color? Is that what you did?
DAVID OWEN: I asked her -- well, I knew she wasn't going to be able to identify the rain coat because the picture I showed her was from our lab where it was opened up and spread out, and she's telling me that it was balled up. So, I know she's not going to be able to identify the rain coat, but she can at least identify, or attempt to identify, the color.
MR. GRIFFIN: You read reports of her interview, and you probably saw her entire interview by video, did you not?
DAVID OWEN: Yes.
MR. GRIFFIN: And you understand that she said she saw that thing two times, right?
DAVID OWEN: I don't recall that, sir.
MR. GRIFFIN: You don't recall her --
DAVID OWEN: Well, the two times with her -- with Alex coming in with it, and then seeing it on the chair.
MR. GRIFFIN: Yeah, and it wasn't balled up when she saw it on the chair, that's not the report you received, correct?
DAVID OWEN: No, but it wasn't -- also wasn't spread out, opened up like it was in the picture that I showed her.
MR. GRIFFIN: She didn't tell you it was spread up, opened up on the retirement chair?
DAVID OWEN: She told me it was laid across the chair is the information that I received.
MR. GRIFFIN: It wasn't balled up though, right?
DAVID OWEN: No, sir.
MR. GRIFFIN: Yet you didn't show her a picture of the rain jacket, right?
DAVID OWEN: I did show her a picture of the rain jacket.
MR. GRIFFIN: As balled up?
DAVID OWEN: No, sir.
MR. GRIFFIN: You showed her a picture of the rain jacket that was opened?
DAVID OWEN: I believe I showed -- I'm not sure. I know I showed her the picture of it opened up to see if she recognized the color.
MR. GRIFFIN: Okay. I think the jury will remember what she testified about --
MR. MEADORS: Objection, Your Honor.
JUDGE NEWMAN: The objection is sustained.
MR. GRIFFIN: And you know that rain jacket did not have any blood. I mean, it was tested for blood. There's no blood on it, right?
DAVID OWEN: I'm aware of that, yes, sir.
MR. GRIFFIN: And if someone had wrapped up the shotgun killing Paul in that rain jacket, you would expect to find blood, would you not?
DAVID OWEN: At least DNA, yes.
MR. GRIFFIN: Well, there's no DNA either, right?
DAVID OWEN: Yes.
MR. GRIFFIN: So, there's no DNA and no blood in that rain jacket, correct?
DAVID OWEN: There's no DNA, yes.
MR. GRIFFIN: And that -- and you know it was tested with LCV and there was no presumptive sign of blood there, right?
DAVID OWEN: Correct.
MR. GRIFFIN: So, are you willing to agree that it doesn't look like that rain jacket was used to carry any murder weapons on the night of June 7th?
DAVID OWEN: They had weapons in them. I would -- I would believe that they had weapons in them at some time because there was GSR in them.
MR. GRIFFIN: Yeah, and we don't know if that was five years ago, three years ago, one year ago, do we?
DAVID OWEN: Correct.
MR. GRIFFIN: We do know from folks working on the investigation that you're leading is there's no blood or no DNA on that rain jacket.
DAVID OWEN: Correct.
MR. GRIFFIN: And you know from your experience that there would be blood on the shotgun, and if you were wrapping it up in that jacket, you're going to have blood on the jacket, right?
DAVID OWEN: Well, you would believe that there would be blood or DNA on the barrel of the shotgun, but until you actually have it to test it, I can't sit here and say yes, it would be there.
MR. GRIFFIN: Okay, and we know it wasn't cleaned off because if it had been washed off, the GSR would have been washed off, correct?
DAVID OWEN: If they wiped the exterior of the barrel for blood or DNA, but it still doesn't wipe off the particles that are in the barrel that could fall down and out.
MR. GRIFFIN: All right, and let's talk about wash down. Did you notice any wet spots in the back of the Suburban?
DAVID OWEN: No, sir.
MR. GRIFFIN: Did you notice any wet spots in the back seat of the Suburban?
DAVID OWEN: No, sir.
MR. GRIFFIN: Did it look like the Suburban, anything wet and then placed in the Suburban?
DAVID OWEN: No, sir.
MR. GRIFFIN: And if Alex Murdaugh had cleaned up after committing these horrendous murders, wouldn't you expect to sign -- find some trace evidence of blood somewhere in the house if that's where it occurred?
DAVID OWEN: If he cleaned up in the house, yes.
MR. GRIFFIN: And did you find any trace evidence of blood in the house indicating Alex had cleaned up?
DAVID OWEN: If he cleaned up in the house, no.
MR. GRIFFIN: So the answer is no, you didn't find any trace evidence of blood in the house, correct?
DAVID OWEN: No, sir.
MR. GRIFFIN: That's not correct?
DAVID OWEN: There was no trace evidence of blood found in the house, no.
MR. GRIFFIN: Thank you. Did you find any blood on the carpet floors or anywhere throughout the house?
DAVID OWEN: No, sir.
MR. GRIFFIN: Now, let's talk about Alex's clothes. On July 7, 2021, you obtained a Snapchat video of Alex in khakis and this short sleeve dress shirt taken by Paul some time on June 7th. Is that correct?
DAVID OWEN: I did not receive it on June the 7th, but I did receive it, yes.
MR. GRIFFIN: Do you have notes when you received it?
DAVID OWEN: There was a Snapchat. Well, it was an extraction from his phone, from Paul's phone, and then we did a search warrant to Snapchat to get that video.
MR. GRIFFIN: And you got the video in early July of 2021?
DAVID OWEN: I believe that's when we got it back.
MR. GRIFFIN: And, Agent Owen, it may not be in your narrative in your case management notes, but --
DAVID OWEN: I don't see it indicated in my notes, but I know I did not get that Snapchat video the night of June 7th or the early hours of June 8th.
MR. GRIFFIN: I said July. I'm sorry.
DAVID OWEN: We got it a couple of weeks after, yes.
MR. GRIFFIN: Yeah. So by early July, you had the Snapchat video.
DAVID OWEN: Yes.
MR. GRIFFIN: And it's in evidence as Exhibit 306.
MR. GRIFFIN: Will you please just pull it up, Doug, and let's freeze it? Stop it right there.
MR. GRIFFIN: Now, is this the same video that you showed Alex during the August 11, 2021, interview that the jury and all of us just watched?
DAVID OWEN: It appears to be the same one, yes.
MR. GRIFFIN: And you're pointing out to Alex in that interview, you know, here is a picture of you in these clothes and when did you change. That was your question, right?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And his answer was I don't really remember when I changed. Is that right?
DAVID OWEN: That is correct.
MR. GRIFFIN: And does -- it looks like he's wearing khaki pants, right?
DAVID OWEN: Yes.
MR. GRIFFIN: And it looks like a dress shirt. I think that's what you called it in the interview. Is that right?
DAVID OWEN: Yes.
MR. GRIFFIN: Would you agree it looks like a blue dress shirt?
DAVID OWEN: It's a light blue, yes.
MR. GRIFFIN: And you agree that on August the 11th at the conclusion of the interview, you essentially confronted him. Did you kill Maggie? Did you kill Paul? And he asked am I a suspect. That happened on August the 11th. Is that right?
DAVID OWEN: Yes, it did.
MR. GRIFFIN: And you said I've got to go where the evidence leads me. Is that right?
DAVID OWEN: Yes.
MR. GRIFFIN: And you testified here today that on that day, Alex Murdaugh was the one and only suspect.
DAVID OWEN: He was the only known suspect at that time, yes.
MR. GRIFFIN: And I think you testified that you had interviewed Blanca, or you got some information from Blanca, but that -- where Blanca had talked about a conversation she had with Alex after this interview on August 11th.
DAVID OWEN: It was some time later, yes.
MR. GRIFFIN: And Alex was asking during this conversation with Blanca, you know, what do you remember --
MR. MEADORS: Objection.
MR. GRIFFIN: -- I'm wearing.
MR. MEADORS: Objection.
JUDGE NEWMAN: Nature for the -- of the objection?
MR. MEADORS: State vs. Sweets, self-serving hearsay it calls for. He's asking him what the defendant said.
JUDGE NEWMAN: All right. The objection is sustained.
MR. GRIFFIN: Did you learn in the course of your investigation that after you confronted Alex with being a suspect and showing him this video that he had -- he questioned Blanca about what he was wearing that day? Is that fair?
DAVID OWEN: Yes.
MR. GRIFFIN: Up until August 11th, Alex had given you carte blanche to search anywhere any time on any property that he had. Is that right?
DAVID OWEN: That is correct.
MR. GRIFFIN: And on August 11th, he was encouraging you to try to get information from General Motors, and he would do whatever he could to facilitate that exchange, right?
DAVID OWEN: Yes.
MR. GRIFFIN: And up until August the 11th, I mean, you had reached out to Alex, me, John Marvin, whenever you needed to go on property to do anything and you always got consent, correct?
DAVID OWEN: That is correct.
MR. GRIFFIN: And anything you asked, for the most part it was provided.
DAVID OWEN: Yes.
MR. GRIFFIN: At no time prior to August the 11, 2021, did you ask Alex Murdaugh where is that blue shirt? Where are those khaki pants? Where are those shoes? Did you?
DAVID OWEN: No, sir, I did not.
MR. GRIFFIN: And you have never asked him for that blue shirt, those tan shoes, and those khaki pants, have you?
DAVID OWEN: No, sir.
MR. GRIFFIN: And the reason you didn't is because you weren't concerned about those clothes. Your investigation had been focused since early June on the T-shirt he was wearing, the shorts he was wearing, and the shoes he was wearing at the time he called 911, right?
DAVID OWEN: Yes.
MR. GRIFFIN: Is that correct?
DAVID OWEN: Yes.
MR. GRIFFIN: And you were actively investigating whether or not the T-shirt had evidence of high velocity blood spatter, which you would expect to find on someone who was shooting Paul.
DAVID OWEN: Back spatter, yes.
MR. GRIFFIN: Back spatter. And your agency, in fact, engaged an expert out of state to give his assessment on whether there was high velocity back spatter on the T-shirt, shorts, or any part of the clothing, correct?
DAVID OWEN: Yes. We asked an individual to examine it to look for back spatter.
MR. GRIFFIN: And that was after it had been sprayed with the -- the shirt had been sprayed with the LCV to see if there was any indication of blood on the shirt.
DAVID OWEN: Yes.
MR. GRIFFIN: Okay, and I noticed that you opened up in these exhibit boxes -- I mean, you opened up, pulled out Alex's shoes. You pulled out Alex's shorts. Mr. Meadors paraded the shorts around the courtroom, but you didn't pull out the shirt. Is that correct?
DAVID OWEN: No, sir.
MR. GRIFFIN: Because the shirt has turned purple completely, has it not?
DAVID OWEN: Yes.
MR. GRIFFIN: And that was from treating it with this LCV.
DAVID OWEN: That is correct. That is my understanding.
MR. GRIFFIN: Right. Now, when you presented this case to the Colleton County Grand Jury to obtain a true billed indictment, you testified under oath that an expert had found multiple --
MR. MEADORS: Your Honor, is he talking about grand jury presentation, Colleton County? That's -- you can't -- there's not a record of a county grand jury.
JUDGE NEWMAN: I didn't hear the complete question. It sounds objectionable but let me hear the question.
MR. GRIFFIN: Well, let me lay a foundation. Mr. -- excuse me, Agent Owen, before you testified before the Colleton County Grand Jury, you prepared an outline of your presentation, did you not?
DAVID OWEN: I did.
MR. GRIFFIN: And in that outline, you identified essentially a narrative of what you were going to tell the grand jury, correct?
DAVID OWEN: Yes.
MR. GRIFFIN: And did you follow that narrative?
DAVID OWEN: For the most part, yes.
MR. GRIFFIN: And in that narrative, didn't you state that an expert found multiple particles of blood spatter on the shoulders and front of Alex's shirt? Isn't that correct?
DAVID OWEN: Yes.
MR. GRIFFIN: And is that what you told the Colleton County Grand Jury?
DAVID OWEN: Yes.
MR. GRIFFIN: However, what SLED and this expert out in Oklahoma overlooked is Agent Zapata's confirmatory blood testing, about which she testified earlier in this trial, that out of 74 cuttings from Alex's T-shirt, that zero tested positive for human blood. Completely overlooked the fact that when you did the human tracing test to confirm whether it's blood, it came up negative. Wasn't that overlooked?
DAVID OWEN: I had never seen the report.
MR. GRIFFIN: When did you see the report?
DAVID OWEN: November of 2022.
MR. GRIFFIN: After Alex had been indicted and months from trial. Is that right?
DAVID OWEN: Yes.
MR. GRIFFIN: Now, a couple of things you talked about. On the tape that we just saw when you interviewed Alex, you told him that there's no unknown DNA taken from the crime scene. Do you remember that on the tape?
DAVID OWEN: At that time, yes.
MR. GRIFFIN: Making that representation?
DAVID OWEN: Yes.
MR. GRIFFIN: That was August 11th --
DAVID OWEN: Yes, sir.
MR. GRIFFIN: -- 2021? On August 11th of 2021, did you know that there was unknown DNA of a male obtained from Maggie's fingernail clippings?
DAVID OWEN: I believe what it was explained to me is that there was one allele under the fingernail, which is not enough for confirmatory test on the DNA.
MR. GRIFFIN: Okay. Well, did you hear in court that there were three alleles?
DAVID OWEN: I heard there was one.
MR. GRIFFIN: Okay, and another thing. What was tested for DNA? Do you remember?
DAVID OWEN: I do not have that report in front of me, so I'm not going to attempt to speak on that right now.
MR. GRIFFIN: Yes, sir, but --
DAVID OWEN: There was a multitude of items. I know that.
MR. GRIFFIN: Well, let me -- well, let's start with Paul's -- excuse me, Alex's shirt was tested for DNA, was it not?
DAVID OWEN: Yes.
MR. GRIFFIN: Maggie's clothes were not tested for DNA, were they?
DAVID OWEN: No, they were not.
MR. GRIFFIN: Paul's clothes were not tested for DNA, were they?
DAVID OWEN: No, they were not.
MR. GRIFFIN: Now, in your communication with Mr. Bevel out in Oklahoma, at one point in time he asked you to look into whether there was a blood mark in Paul's pocket, and whether there was a matching blood mark on the outside of Paul's pocket. Do you remember that?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: Was any DNA testing done of that area?
DAVID OWEN: No, sir.
MR. GRIFFIN: But Alex's shirt was DNA tested front and back, right?
DAVID OWEN: Correct.
MR. GRIFFIN: But Alex wasn't the victim of any crime on the night of June the 7th, was he?
DAVID OWEN: Not to my knowledge, no.
MR. GRIFFIN: So, why are you testing Alex Murdaugh's clothes for DNA? What were you expecting to find?
DAVID OWEN: Evidence to include or exclude him.
MR. GRIFFIN: And -- okay. So, he had told you that he had gone up to the bodies of Paul and Maggie, right?
DAVID OWEN: Yes.
MR. GRIFFIN: Okay, and what DNA result would have excluded him?
DAVID OWEN: I'm sorry, the lack of any other DNA would have excluded him.
MR. GRIFFIN: All right. So, you didn't find any other DNA except, I guess, Nolen Tuten when he hugged him that night, right?
DAVID OWEN: Correct.
MR. GRIFFIN: So, did that exclude him?
DAVID OWEN: Well, the shirt wasn't our only piece of evidence.
MR. GRIFFIN: Well, the shorts, did you find any --
DAVID OWEN: The shorts weren't our -- the shorts weren't our only piece of evidence.
MR. GRIFFIN: I'm trying to focus on DNA.
DAVID OWEN: Okay.
MR. GRIFFIN: I mean, so the DNA didn't really add much whatsoever. Is that correct?
DAVID OWEN: Correct.
MR. GRIFFIN: In fact, it certainly supported the conclusion that he could not have been wearing those clothes at the time Paul was murdered, right?
DAVID OWEN: That's a distinct possibility, yes.
MR. GRIFFIN: Well, I mean, we already talked about and the jury has already seen how gruesome Paul's injuries were. They've seen the blood in the feed room. They've seen everything that -- unimaginable. There was no DNA found on Alex's shirt from Paul, was there, except for a little piece down --
DAVID OWEN: I think there was some DNA on Paul's shirt, yes.
MR. GRIFFIN: There was a little piece on the hem. Is that right?
DAVID OWEN: I believe there was one other spot, but yes.
MR. GRIFFIN: In your outline to the Colleton County Grand Jury, it indicates on page 18 that you found DNA in the areas of spatter that were identified belonging to Alex, Maggie, and Paul. Do you remember that?
DAVID OWEN: Yes, and that was from the report that I had in my possession.
MR. GRIFFIN: And was that accurate?
DAVID OWEN: Now that I have that hematrace report, the hematrace indicates that the parts that she tested, no human blood was found.
MR. GRIFFIN: So, you didn't know at the time but you know now that what you told the Colleton County Grand Jury was not correct. Is that fair?
DAVID OWEN: In reference to the shirt, correct.
MR. GRIFFIN: Talk about a few other things right quick. On the night of -- or early morning of June the 8th, you obtained Alex's clothes: his shirt, short, shoes. Correct?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And you mentioned in your testimony that you wanted to get them there and then, but Buster was coming to the house and so you graciously allowed Alex to go greet his son, and then you went up and got his clothes, correct?
DAVID OWEN: Yes.
MR. GRIFFIN: And when you got his shirt, did you -- well, let me back up. You were standing in the doorway as he was changing?
DAVID OWEN: Yes.
MR. GRIFFIN: So you could see him changing?
DAVID OWEN: Well, when he took his shorts, off I gave him some privacy.
MR. GRIFFIN: And then he came out and dropped the shorts in a bag?
DAVID OWEN: Yes. I can't remember if he dropped them in there or if he handed them to me and then I put them in there.
MR. GRIFFIN: And if he handed them to you, you would have had latex gloves on for sure, right?
DAVID OWEN: Yes.
MR. GRIFFIN: And did you put the shorts in one bag?
DAVID OWEN: Yes.
MR. GRIFFIN: And then dropped the T-shirt in another bag?
DAVID OWEN: Yes.
MR. GRIFFIN: And the shoes, I guess, in a third bag?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And did that happen sort of in the hallway?
DAVID OWEN: That happened right there while I was standing in the doorway, yes.
MR. GRIFFIN: And at the time Alex was wearing, I guess, sort of like gym shorts or something he had put on?
DAVID OWEN: He put on clothes after he had changed, yes.
MR. GRIFFIN: Do you remember what kind of clothes he put on, like --
DAVID OWEN: Not exactly, no, sir.
MR. GRIFFIN: Were they shorts?
DAVID OWEN: I don't recall what he put on afterwards.
MR. GRIFFIN: Was it a T-shirt?
DAVID OWEN: I do not recall what he put on afterwards.
MR. GRIFFIN: Can you say for sure it wasn't a pair of khaki pants?
MR. MEADORS: It's asked and answered, Your Honor.
JUDGE NEWMAN: The objection is overruled.
MR. GRIFFIN: Can you say for sure it was not a pair of khaki pants?
DAVID OWEN: I do not know what he put on afterwards.
MR. GRIFFIN: Now, we've heard about a pair of khaki pants laying on the floor in the bathroom. Did SLED Agent McCallister or anyone ever seize a pair of khaki pants from the house?
DAVID OWEN: Not to my knowledge.
MR. GRIFFIN: One of the things that you testified to, and I just wanted to see if we can clear it up. I don't -- you stated in your testimony that Alex indicated he attempted to contact Nolen Tuten that night. Are you sure it was Nolen and it wasn't Rogan?
DAVID OWEN: He contacted Nolen Tuten that night and attempted to contact Rogan Gibson that night.
MR. GRIFFIN: Okay, and you also mentioned that as you're driving from Charleston, it's intermittently raining: sometimes hard, sometimes not so hard?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And then when you got to Moselle, it looked like it had been raining. Sometimes it rained hard, sometimes not so hard?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And wasn't it true that rain was dripping off the rooftop of the kennels and above the feed room onto Paul's body?
DAVID OWEN: That's a fair assessment.
MR. GRIFFIN: And on his body, and then it would -- and was washing down the concrete pad. I mean, that's a fair assessment also, isn't it?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And if the jury has seen in this trial photos of puddles of water that may look like blood, it's very easily explainable that it came from the rain dropping on Paul's body, right?
DAVID OWEN: Yes.
MR. GRIFFIN: I think you covered this. Alex Murdaugh called you multiple times in June and July and early August asking for an update, did he not?
DAVID OWEN: We communicated. Sometimes it was via text and sometimes it was via phone call.
MR. GRIFFIN: And not only did he want an update for himself, but he also kept wanting you to update Maggie's parents as well.
DAVID OWEN: And I met with Maggie's parents, yes.
MR. GRIFFIN: Sure, but Alex was requesting that of you, was he not?
DAVID OWEN: Well, he was requesting that of me, yes. But I also intended to meet with Maggie's parents regardless if he requested it or not.
MR. GRIFFIN: And you're also aware that Alex and Buster and his family put up a reward for tips.
DAVID OWEN: I knew a reward was offered. It was under my impression that that it came from the law firm, but I know that a reward was offered of $100,000 with an expiration date.
MR. GRIFFIN: In the interview of August the 11th, one of questions that Alex had of you was essentially whether Maggie and/or Paul suffered.
DAVID OWEN: Uh-huh.
MR. GRIFFIN: Do you remember that?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And I think you told them that if they did, it wasn't for very long, a matter of seconds. Is that right?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: Now, let's talk about the shotshells, the shotshells that were found in the feed room where Paul was murdered. There was a buckshot, and I think it was Winchester Drylok?
DAVID OWEN: Uh-huh.
MR. GRIFFIN: Waterfowl?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: That's not turkey load, right?
DAVID OWEN: I was told it was turkey load at first. I'm not a hunter. I'm not 100 percent sure. I know it was small pellets and big pellets.
MR. GRIFFIN: Right.
DAVID OWEN: I know the difference between small pellets and buckshot.
MR. GRIFFIN: Right, and after -- okay. So you were operating, lead investigators, under the impression that it was buckshot and turkey load, right?
DAVID OWEN: Yes. Someone told me -- someone told me that night that it was turkey load.
MR. GRIFFIN: And turns out it wasn't turkey load. Do you agree with that?
DAVID OWEN: I agree.
MR. GRIFFIN: And I think Agent Croft got involved because of his knowledge of firearms and shotshells and the works, correct?
DAVID OWEN: Correct.
MR. GRIFFIN: And you mentioned that -- in the interview that you told Alex that there were multiple guns found on the property that were loaded with buckshot and turkey load. Do you remember that?
DAVID OWEN: I believe I used buckshot/bird shot.
MR. GRIFFIN: Okay. I mean, Agent Croft has testified, but can you identify any weapons that were loaded with buckshot and birdshot that were found in the house?
DAVID OWEN: Repeat the question.
MR. GRIFFIN: Can you identify any weapons found in the house at Moselle that were loaded with buckshot and birdshot?
DAVID OWEN: No, sir.
MR. GRIFFIN: Now, when you told Alex that there were multiple weapons loaded with that same load, buckshot and birdshot, was that an investigative tool, or were you just under the misimpression that that was the case?
DAVID OWEN: Investigative tool.
MR. GRIFFIN: So, you lied to him?
DAVID OWEN: I'm allowed to use trickery to illicit a response.
MR. GRIFFIN: I understand. So, you were trying to trick him. You agree?
DAVID OWEN: I'm allowed to use trickery to illicit a response, yes.
MR. GRIFFIN: And you're allowed to do it and you did it.
DAVID OWEN: Yes.
MR. GRIFFIN: But you also testified under oath in front of the State Grand jury. You said basically the same thing, that there were four shotguns on the Moselle property and they were loaded with buckshot and turkey load.
DAVID OWEN: Yes.
MR. GRIFFIN: Now, were you mistaken then or were you trying to trick the State Grand Jury?
DAVID OWEN: No. I was not trying to trick the State -- or trick the State Grand Jury.
MR. GRIFFIN: You were mistaken.
DAVID OWEN: No.
MR. GRIFFIN: Well, did you not --
DAVID OWEN: The shotguns that we recovered from the house had two different loads in them. They weren't Winchester-Winchester, or Federal-Federal. They had different loads in them. So, when I tell the State Grand Jury there's different loads in the shotguns, there were different loads in the shotgun.
MR. GRIFFIN: So, you're saying you weren't telling them it was buckshot and turkey key load, but you were telling them it was just different brand names of the -- of something.
DAVID OWEN: I may have used buckshot and turkey load or birdshot, but they were two different loads.
MR. GRIFFIN: Well, I think we've established that you did not find -- SLED did not find any weapons at the house with buckshot and turkey load loaded in them, right?
DAVID OWEN: That is correct.
MR. GRIFFIN: I'm going to show you page 48, line 7 through 14 of your Statewide Grand Jury testimony. Agent Owen, do you recognize that to be a copy of your State Grand Jury testimony?
DAVID OWEN: Yes, I do.
MR. GRIFFIN: And what date was that given?
DAVID OWEN: Tuesday, November 16, 2021.
MR. GRIFFIN: All right, and if you'll go to the page I had open, and I tell you I'm going to read the question. If you'll read the response. It says at line 7: All right, and were all of them to your recollection loaded that -- like that? And your answer was?
DAVID OWEN: They were -- they were located loaded in a similar fashion, yes.
MR. GRIFFIN: Question: In a similar fashion?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: Question: With one turkey load and one buckshot load.
DAVID OWEN: Response: Yes, sir.
MR. GRIFFIN: All right. Thank you. And that was not accurate, correct?
DAVID OWEN: Correct.
MR. GRIFFIN: And people do make mistakes, do they not?
DAVID OWEN: Yes, they do make mistakes.
MR. GRIFFIN: And people make mistakes about time frequently. Is that right?
DAVID OWEN: I would believe that would be the most mistakes made is time.
MR. GRIFFIN: Okay, and here you were asked to identify inconsistencies with Alex's statements to you, and the one that you pointed out was times. Do you recall that?
DAVID OWEN: Well, the inconsistencies is they kept changing.
MR. GRIFFIN: Well, that's right. I mean, you said on -- you said that he said on June 8th he was at his mother's for a little while, and then you said he changed it on June 10th to 25 to 30 minutes. Do you remember testifying to that?
DAVID OWEN: I do.
MR. GRIFFIN: And then you said on August the 11th he said he was there for 45 minutes to an hour.
DAVID OWEN: Yes.
MR. GRIFFIN: Okay, and you found that those were inconsistent?
DAVID OWEN: Well, there's a difference between 30 minutes -- 20 to 30 minutes and 45 minutes to an hour.
MR. GRIFFIN: Well, let's work on that. He left -- well, let me tell you. He told you that he left the Moselle Property between 9:00 and 9:10, did he not?
DAVID OWEN: He showed me his text messages and it was narrowed down to 9:06, yes.
MR. GRIFFIN: All right. So, clearly --
DAVID OWEN: 9:04 or 9:06.
MR. GRIFFIN: So on the night of June 7th, early morning hours of June 8th, you -- he told you looking at the text message I left here at 9:06. Is that right?
DAVID OWEN: Correct.
MR. GRIFFIN: And he got back when he called 911 about 10:06, right?
DAVID OWEN: Correct.
MR. GRIFFIN: And so he was gone to his mother's almost an hour, was he not?
DAVID OWEN: He was away from Moselle for an hour. But my question to him was how long were you at your mother's, or how long were you at Almeda.
MR. GRIFFIN: And in your investigation, as we established in my cross-examination of you moments -- well, or hour -- I don't know how long I've been standing here, a few minutes ago, it's your investigative belief that Maggie and Paul were murdered sometime between 8:50 and 9:06, correct?
DAVID OWEN: Yes.
MR. GRIFFIN: So for your investigative purposes, does it make any difference if he's at his mother's house 25 minutes? 35 minutes? Obviously he couldn't be there an hour and make it back and call 911, but, I mean, isn't that really not material, how long he was at his mom's?
DAVID OWEN: If I'm trying to build a timeline, yes, it is.
MR. GRIFFIN: Well, your timeline is -- you're focused on is 8:50 to 9:06, right?
DAVID OWEN: Well, my timeline in what we're talking about is how long he was away from the house when he says he went to Almeda. So, he leaves Moselle at approximately 9:06 is when he sends the text to Maggie, and the 911 call comes in at 10:06. So, I know he's away from Moselle for a hour. And he says he goes to Almeda. How long did you spend at Almeda?
MR. GRIFFIN: Right.
DAVID OWEN: He tells me 20 to 30 minutes. Then he goes 45 minutes to a hour.
MR. GRIFFIN: I see. I got it. So, it's possible that he was only at Almeda for 5 minutes and he was spending the other time hiding evidence. I mean, that's -- I understand that would be what you're looking at, right?
DAVID OWEN: Yes.
MR. GRIFFIN: But General Motors has sent their records in, and we know it was straight to Almeda and drove straight back, right?
DAVID OWEN: That is true. But if you look at the GPS points that came from General Motors, one of them puts him way in the backyard of Almeda.
MR. GRIFFIN: Right.
DAVID OWEN: Not in the driveway or where it's normal for them to park.
MR. GRIFFIN: In the backyard at the door where Ms. Shelley Smith says he knocked on.
DAVID OWEN: I believe that point is closer to Ms. Libby's work shed.
MR. GRIFFIN: Okay. Well, we'll get there. But we know from phone records essentially when he got there, like 9:22, correct?
DAVID OWEN: Yes, sir. I believe that's the time, yes, sir.
MR. GRIFFIN: And we know from the GM telemetry data and the GM OnStar and other records what time he left, about 9:45, correct?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: So, we know exactly how long he was there.
DAVID OWEN: Yes.
MR. GRIFFIN: But the fact that he couldn't recall whether he and Paul rode around for an hour and a half or two and a half hours, you found that significant in your investigation.
DAVID OWEN: Yes.
MR. GRIFFIN: Now, you also testified that in the fall of 2021, there started up a financial investigation into Alex's financial dealings. Is that correct?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And you said that overlapped and fed off each other with what your murder investigation was doing?
DAVID OWEN: Yes. I mean, it involved Alex, so we were looking at the totality of the circumstances and seeing if there was any paths that crossed or --
MR. GRIFFIN: Okay, I tell you what. Let -- I skipped one part. In your interview as of August 11th, you told us that you had excluded everyone from the circle who had come into the circle except for Alex, and he was your one and only suspect at that point in time.
DAVID OWEN: Yes.
MR. GRIFFIN: And, and, and you talked about interviewing C.B. Rowe and him telling you where he was on June 7th, right?
DAVID OWEN: Yes.
MR. GRIFFIN: But he later -- you found out he lied to you about where he was on June 7th, right?
DAVID OWEN: Yeah. He came forward with -- and was honest with us without us even approaching him.
MR. GRIFFIN: All right, but he was -- initially told you one thing about where he was, subsequently came and told you I was not honest about where I was.
DAVID OWEN: Yes. He didn't want Mr. Murdaugh to know that he was looking for another job in fear of being fired.
MR. GRIFFIN: Okay, but part of this financial investigation that overlapped, you developed information that Alex was stealing money from the law firm, client money, to support a drug addiction, did you not?
DAVID OWEN: That's what was purported, that it was for a drug addiction, yes.
MR. GRIFFIN: And you learned through your investigation that Alex was paying up to $50,000 a week to a guy named Curtis Eddie Smith for drugs, right?
DAVID OWEN: That's what was told to us, yes.
MR. GRIFFIN: And you learned through this investigation what was told to you, that Eddie was buying these drugs from other folks, members of Sandhill drug gang, right?
DAVID OWEN: Yes.
MR. GRIFFIN: And the Sandhill drug gang was a precursor to the Cowboys drug ring, right?
DAVID OWEN: I'm not familiar with the Cowboys, but that's what I've been told, yes.
MR. GRIFFIN: And you learned that Eddie owed these drug gang members a lot of money for drugs that were sold to Alex, didn't you?
DAVID OWEN: I believe the information came in to that they weren't worried about what was owed because they knew they were going to get paid.
MR. GRIFFIN: That came to you after the -- Maggie and Paul were murdered, right?
DAVID OWEN: That came to us after the September incident as well.
MR. GRIFFIN: And did you ever conduct a cell phone analysis of these drug gang members to see where they were on the night of June the 7th?
DAVID OWEN: I didn't have their phone numbers. In my experience, they don't keep the same phone numbers. They use what's called burner phones. But we also did an analysis around Moselle trying to encompass anybody else coming in, and that information did not pan out. There was only two people identified and they were emergency first responders.
MR. GRIFFIN: And you're talking about the Geofencing stuff.
DAVID OWEN: Yes, sir.
MR. GRIFFIN: Okay. Well, did you ever obtain any DNA samples from these drug gang members to see if they matched Maggie's fingernails?
DAVID OWEN: No, sir.
MR. GRIFFIN: And you really never put them in the circle, did you?
DAVID OWEN: The investigation into that, in my understanding -- I'm not investigating the drug aspect. That investigation is still ongoing, from my understanding.
MR. GRIFFIN: One second, Your Honor.
(Break in proceedings.)
JUDGE NEWMAN: Ladies and gentlemen, if you all will go to the jury room for a break.
(The jury left the courtroom.)
MR. MEADORS: May it please the Court? I know we've been in trial four weeks. I don't certainly don't want to mistry this, and I don't think anybody in the world does, but it's the State's belief in his last questions that they opened the door to the roadside shooting. Before I ask --
JUDGE NEWMAN: What do you want to do? You want to start questioning this witness about that?
MR. MEADORS: To follow up when Eddie Smith came into the -- how he came into the investigation.
JUDGE NEWMAN: He's in the middle of -- he's in the middle of cross-examination at this moment.
MR. MEADORS: Okay. I just -- can I ask him when Eddie Smith came into the investigation?
JUDGE NEWMAN: You want to ask him a question?
MR. MEADORS: Just to proffer -- well, just wanted -- I didn't want to do anything to mistry and I was surprised that came up.
JUDGE NEWMAN: I understand, and I agree with you. But now is not the time for you to -- in the middle his crossexamination to.
MR. MEADORS: I'm sorry.
JUDGE NEWMAN: Bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: You may continue.
BY MR. GRIFFIN:
MR. GRIFFIN: Just a few lose ends, Agent Owen. In your investigation, you did not identify any life insurance on the lives of Maggie and Paul. Is that correct?
DAVID OWEN: No, I did not.
MR. GRIFFIN: And one of the things that was asked of Dr. Riemer about a conversation she had with you as to the stain on her -- on Maggie's calf. Do you remember whether Dr. Riemer her told that there's a bruise there as well?
DAVID OWEN: It's in my notes. Hang on just a moment.
(Break in proceedings)
DAVID OWEN: According to my notes, we talk about believes first shot was to Maggie's legs, then abdomen, followed by the wrist. The headshot was final, rear headshot. There was a bruise on Maggie's left calf that coincided with possibly a shoe print or -- but Dr. Riemer did not feel that someone intentionally stood on her leg. And that's according to my notes.
MR. GRIFFIN: Yes, sir, and your notes related to there was a muddy thing on the back of her calf and Dr. Riemer noticed there was a bruise there as well. Is that right?
DAVID OWEN: Yes.
MR. GRIFFIN: Okay. Lastly you have fingerprints. Were there any dusting for fingerprints done in the feed room at Moselle?
DAVID OWEN: I am not aware if there was or not. I wasn't in the food room with the crime scene the entire time.
MR. GRIFFIN: Okay, and the -- we talked about the DNA swabs. I mean, one of the people that was supplying Curtis Eddie Smith is in custody, is he not?
DAVID OWEN: He's in custody, yes, sir.
MR. GRIFFIN: Have you gotten a DNA swab from him?
DAVID OWEN: I have not, but I know one has been obtained, yes.
MR. GRIFFIN: Do you know if it has been cross-checked against --
DAVID OWEN: It was not obtained in this case. I don't know. I believe it has been crossed-checked. I don't have that report in front of me.
MR. GRIFFIN: Another point. Just -- I understand you were not made aware of the negative hematrace confirmatory blood test until some time in November of 2022. Is that right?
DAVID OWEN: That is correct.
MR. GRIFFIN: How is it that the lead case agent is left out of the information channel for something so significant?
DAVID OWEN: From what I was able to figure out, when the lab issues reports for -- pursuant to my case or any -- or agent's case, we have email notifications to go in and find that report, or, you know, there's a new report available. Once I figured out that report existed, I searched my emails and I did not have an email notification that that report was there. There was multiple other reports. I had been in there multiple times looking at other reports, and I just -- that report, I did not see that report. I was not made aware of its existence.
MR. GRIFFIN: Sure, and it wasn't until after you saw that report that now you changed focus to the clothes he was wearing in the Snapchat video. Is that correct?
DAVID OWEN: Restate that question.
MR. GRIFFIN: It wasn't until after you became aware that there's no blood, a hematrace confirmatory test of blood on Alex's shirt that you start, you know, asking questions of folks about the clothing that Alex was wearing in the Snapchat video.
DAVID OWEN: Well, I asked him an August the 11th of 2021 because I was -- had that Snapchat video of when did he change clothes.
MR. GRIFFIN: And he said --
DAVID OWEN: He didn't know.
MR. GRIFFIN: -- he didn't know, but you never asked for those clothes, never tried to find those clothes, never executed a serve warrant for those clothes, have you?
DAVID OWEN: No, sir.
MR. GRIFFIN: Did you develop any information that Eddie Smith was skimming money that Alex was paying him for the drugs, that he wasn't paying the Sandhills Gang everything they were due?
DAVID OWEN: I am not aware of that information.
MR. GRIFFIN: And the last thing. You had mentioned that part of your -- and on this -- on the tape interview with Alex, you had mentioned that the Blackout cartridges that were found near Maggie's body matched -- or that were ejected, extracted from the same firearm as used to eject, extract cartridges at the house and the shooting range. Do you remember telling Alex that?
DAVID OWEN: Yes.
MR. GRIFFIN: But you were informed, though, that forensically at the lab they could not say with 100 percent confirmation that they actually matched until the missing firearm was recovered.
DAVID OWEN: That was my understanding, yes.
MR. GRIFFIN: That's what Agent Greer or others that he worked for told you as the leading case agent.
DAVID OWEN: That's what Mr. Greer told me, yes.
MR. GRIFFIN: That he couldn't say with 100 percent certainty. Is that right?
DAVID OWEN: Of what -- he couldn't say 100 percent certainty which firearm that came out of until he had a firearm to compare it to.
MR. GRIFFIN: Thank you.
MR. GRIFFIN: That's all of the questions I have, Your Honor.
JUDGE NEWMAN: Redirect.
REDIRECT EXAMINATION
BY MR. MEADORS:
MR. MEADORS: Did he say that those shell casings from Maggie's blood at the side of the house and the shooting range were all cylindered and came -- had been in the same gun at one time?
DAVID OWEN: Yes.
MR. MEADORS: And when you asked the defendant on that -- in the third interview that said this was a -- told him exactly what I told you, so he -- it was a family owned gun, right?
DAVID OWEN: Yes.
MR. MEADORS: And then he kind of responded how did they get it. He was almost going with you. How did they get it, right?
DAVID OWEN: Yes, sir.
MR. MEADORS: Now, is one of the ways you get somebody out of the center by asking them to give statements?
DAVID OWEN: Yes, sir.
MR. MEADORS: Tell me what happened?
DAVID OWEN: Yes, sir.
MR. MEADORS: And on June 7th, did you say tell me what happened?
DAVID OWEN: Yes, sir.
MR. MEADORS: And on June 10th, did you say tell me what happened?
DAVID OWEN: Yes, sir, and on June 10th I wanted more detail.
MR. MEADORS: I'm sorry?
DAVID OWEN: I wanted more detail on June 10th.
MR. MEADORS: And did you get more detail?
DAVID OWEN: I got more detail on June 10th, yes.
MR. MEADORS: And on August 11th, did you give some information and then try to gain some information?
DAVID OWEN: That's correct.
MR. MEADORS: And Mr. Griffin asked you about that shirt and all. Did he say, Bo, hold on, let me go get that thing and bring it back to you right now?
DAVID OWEN: The shirt? No, sir.
MR. MEADORS: He didn't say hold on. I'll go and get that shirt right now.
DAVID OWEN: Talking about the white T-shirt?
MR. MEADORS: No, sir. I'm talking about the -- August 11th when --
DAVID OWEN: Oh, August 11th --
MR. MEADORS: -- the shirt he was talking --
DAVID OWEN: -- no, sir.
MR. MEADORS: And he tried to describe it to this -- wasn't this described as a seafoam shirt? Were you familiar --
MR. GRIFFIN: Objection, Your Honor. Leading and misleading.
MR. MEADORS: How would that shirt have been described? Do you know in your investigation by the witness who saw it, Ms. Blanca Simpson?
DAVID OWEN: Ms. Blanca described me that she saw him leaving the house that Monday morning in a seafoam pullover. I believe she characterized it as a Vinny Vines shirt.
MR. MEADORS: She said a polo shirt leaving that morning.
DAVID OWEN: Yes.
MR. MEADORS: On this video he showed you with the tree, how had she described that shirt in the tree?
DAVID OWEN: A blue button-up. She described it as a Columbia style shirt.
MR. MEADORS: Columbia shirt. Seafoam?
MR. GRIFFIN: Objection, Your Honor. Leading.
JUDGE NEWMAN: Don't lead the witness.
MR. MEADORS: Did she tell you what color she thought it was?
DAVID OWEN: The one leaving that morning --
MR. MEADORS: No, sir, the one in the tree.
DAVID OWEN: The one -- blue.
MR. MEADORS: On June 7th, June 10th, August 11th, did Alex Murdaugh ever mention anybody else that might be a potential suspect in this case?
DAVID OWEN: No, sir, other than he mentioned -- he continued to mention the boat case, but no specific individual.
MR. MEADORS: Did he mention to you anything about these cowboys that Mr. Griffin has asked you about?
DAVID OWEN: No, sir.
MR. MEADORS: Did he mention to you anything about a Curtis Edward Smith?
DAVID OWEN: No, sir.
MR. MEADORS: June 7th he didn't?
DAVID OWEN: No, sir.
MR. MEADORS: June 10th he didn't?
DAVID OWEN: No, sir.
MR. MEADORS: August 11th he didn't?
DAVID OWEN: No, sir.
MR. MEADORS: When did he ask you about Curtis Edward Smith -- or when did he bring in Curtis Edward Smith into this investigation, he being Alex Murdaugh?
DAVID OWEN: September 4th of 2021.
MR. MEADORS: September 4th of 2021. And can you tell us how that came about?
MR. GRIFFIN: Objection, Your Honor.
JUDGE NEWMAN: The objection is overruled.
DAVID OWEN: Continue?
MR. MEADORS: How did it come about that Mr. Murdaugh told you about Curtis Edward Smith?
DAVID OWEN: On September 4th of 2021, I received a phone call from Randy Murdaugh that Alex had been shot, and they were concerned for his safety, and what was going on. And I immediately responded with all the other agents to the scene.
MR. MEADORS: What scene?
DAVID OWEN: The scene on Old Salkehatchie Road in Varnville, Hampton County.
MR. MEADORS: And did you go to that scene?
DAVID OWEN: I did.
MR. MEADORS: And did you see the defendant, Alex Murdaugh, at the scene?
DAVID OWEN: No, I did not. He had been transported to the hospital.
MR. MEADORS: Okay. Do you know where he was transported?
DAVID OWEN: I believe it was Savannah, a hospital in Savannah.
MR. MEADORS: Okay, and at that point, did you or another SLED agent go to Savannah hospital to go to interview the defendant?
DAVID OWEN: Two other agents went to the hospital to interview Alex.
MR. MEADORS: And is one of those Agent Neill?
DAVID OWEN: No, Agent Kelly.
MR. MEADORS: Agent Kelly?
MR. MEADORS: Are you in courtroom?
UNIDENTIFIED SPEAKER: Yes.
MR. MEADORS: Will you please stand?
MR. MEADORS: Is that him?
DAVID OWEN: Yes, sir.
MR. MEADORS: Thank you.
MR. MEADORS: And in the hospital -- and what day was this?
DAVID OWEN: September 4th of 2021.
MR. MEADORS: September 4th of 2021. And at that point did the defendant -- or did you learn through an investigation, did he say somebody shot him on the side of the road?
DAVID OWEN: Yes. Through the investigation, that's what was told to us.
MR. MEADORS: Well, did he identify anybody on September 4th who shot him?
DAVID OWEN: Not by name. He gave a description.
MR. MEADORS: He gave a description.
DAVID OWEN: Yes.
MR. MEADORS: Okay. Did he attempt to pick somebody out of a book?
DAVID OWEN: No, sir. There was -- I believe a SLED forensic composite artist went down and did a composite drawing with him.
MR. MEADORS: So, he helped get a sketch of the person who shot him?
DAVID OWEN: Yes, sir.
MR. MEADORS: Described the person?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did they actually do a sketch?
DAVID OWEN: Yes, sir, they did.
MR. MEADORS: And at that point, had he mentioned anybody's name else in the investigation that you ought to go back and look at about Paul and Maggie's murder?
DAVID OWEN: No, sir.
MR. MEADORS: After that, did the defendant tell you or your law enforcement friends he was lying about the roadside incident?
MR. GRIFFIN: Objection to the extent it's hearsay. He didn't tell this agent. This is not appropriate.
JUDGE NEWMAN: Yes, sir.
MR. MEADORS: Can I ask --
JUDGE NEWMAN: Yes, sir.
MR. MEADORS: Did defendant give another statement about the roadside?
DAVID OWEN: Yes, he did.
MR. MEADORS: Did he admit he was lying?
MR. GRIFFIN: Objection.
JUDGE NEWMAN: Statement to you or to someone else?
DAVID OWEN: Statement to someone else, sir.
JUDGE NEWMAN: The objection is sustained.
MR. MEADORS: At what point in response to their question did the defendant bring in Curtis Eddie Smith's name to this?
DAVID OWEN: I don't believe he ever brought Curtis Smith's name into it. It was through investigation that we developed him as a suspect or the subject involved in the shooting.
MR. MEADORS: And did the defendant give an interview with Mr. Harpootlian and Mr. Griffin via audio phone call where they mentioned Curtis Edward Smith?
MR. GRIFFIN: Objection. Hearsay.
JUDGE NEWMAN: The objection is overruled.
DAVID OWEN: I know an interview was conducted. I don't know who was present. I was not present for that interview.
MR. MEADORS: Did Curtis Edward Smith through this chief investigator's -- name come out of that interview?
DAVID OWEN: I did not know, sir.
MR. MEADORS: But prior to that day, had Alex Murdaugh ever mentioned to you Curtis Edward Smith or anybody else that might have been involved in his son's or mother's -- or son's or his wife's murder?
DAVID OWEN: No, sir.
MR. MEADORS: So, after the roadside incident and whatever he told whoever is going to be called, that's when he brought in other people.
DAVID OWEN: Yes, sir.
MR. MEADORS: Now, Mr. Griffin has asked a lot of questions about the search. The crime scene where the two bodies were, was that secured?
DAVID OWEN: Yes, it was.
MR. MEADORS: Was evidence gathered?
DAVID OWEN: Yes, it was.
MR. MEADORS: Were swabs taken?
DAVID OWEN: Yes, they were.
MR. MEADORS: And I think he asked you about the Suburban, his Suburban, and whether or not there was anything wet in the back of his car. Are you familiar with what's known as a cooler?
DAVID OWEN: Yes, sir.
MR. MEADORS: A good old cooler?
DAVID OWEN: Yes, sir.
MR. MEADORS: Could you put wet garments in a cooler?
DAVID OWEN: You can, yes.
MR. MEADORS: You can.
DAVID OWEN: Yes.
MR. MEADORS: Okay, and he asked you about anything in the car. Was there blood on the steering wheel of the Suburban, that car?
DAVID OWEN: There was blood found on that steering wheel, yes.
MR. MEADORS: And that DNA from that blood came back to whom?
DAVID OWEN: Maggie Murdaugh.
MR. MEADORS: Maggie Murdaugh.
DAVID OWEN: Yes, sir.
MR. MEADORS: And he asked you about some guns. Did the defendant hand you a gun?
DAVID OWEN: He handed first responders a gun, yes, sir.
MR. MEADORS: What type of gun was that?
DAVID OWEN: It was a 12 gauge shotgun.
MR. MEADORS: And when I say you, sometimes I mean law enforcement. I apologize.
DAVID OWEN: I understand.
MR. MEADORS: And as a result of swabs, was blood identified on that gun?
DAVID OWEN: Yes, sir.
MR. MEADORS: And whose blood -- whose DNA was that?
DAVID OWEN: Maggie Murdaugh.
MR. MEADORS: Maggie Murdaugh.
DAVID OWEN: Yes, sir.
MR. MEADORS: And was that 12 gauge shotgun consistent or inconsistent with the weapon that killed Paul Murdaugh?
DAVID OWEN: It was the same gauge being a 12 gauge, and the firearms examiner was not able to exclude the gun.
MR. MEADORS: Which means he could include it but not exclude it.
DAVID OWEN: Correct.
MR. MEADORS: And Mr. Griffin asked you about getting out of the circle. But when you talk to somebody, are you looking for consistent statements, inconsistent when you're examining or talking to somebody that might be involved? Why are you asking them questions?
DAVID OWEN: To learn more, to see if they tell the same story.
MR. MEADORS: And if that story is contradicted by other witnesses, do you want to know that?
DAVID OWEN: Yes, sir.
MR. MEADORS: And were you going out to check his story with other witnesses?
DAVID OWEN: Yes, sir.
MR. MEADORS: What he told you versus what other witnesses told you?
DAVID OWEN: Correct.
MR. MEADORS: As a result of that, were there contradictions between what Mr. Murdaugh told you and what witnesses told you?
DAVID OWEN: Yes.
MR. MEADORS: Shelley Smith?
DAVID OWEN: Yes.
MR. MEADORS: Blanca Simpson?
DAVID OWEN: Yes.
MR. MEADORS: And he asked you and spent a long time about this timeframe. Why does it matter when he got out to Almeda? Would it matter if somebody is hiding guns somewhere on Almeda? Would you need time to do that?
DAVID OWEN: You would need time, but if you're familiar with it, I don't think you would need that much time.
MR. MEADORS: But would it take time to go hide guns?
DAVID OWEN: 5 minutes, 10 minutes.
MR. MEADORS: Okay. Would it take time -- would that be a reason why you might have a contradictory statement of how long you would visited somebody?
DAVID OWEN: Yes.
MR. MEADORS: And your car would still be there, wouldn't it?
DAVID OWEN: Yes.
MR. MEADORS: Did C.B. -- he asked you about C.B. Rowe. Did he ever identify an -- did he ever tell you about a cooler that was found out there at some point that wasn't usually there?
DAVID OWEN: Yes. Out by what's been referred to as the skin shed where they process meet.
MR. MEADORS: What, what -- where -- what was that about that cooler?
MR. GRIFFIN: Objection. Hearsay.
MR. MEADORS: In the course of your investigation, had that cooler been there before that night?
DAVID OWEN: C.B. Rowe told us it was not. When he left on Friday prior to the --
MR. GRIFFIN: Objection, Your Honor. Hearsay.
JUDGE NEWMAN: Objection is sustained.
MR. MEADORS: Did you see that cooler after Friday?
DAVID OWEN: Did I see the cooler on -- when C.B. Rowe pointed it out? Yes.
MR. MEADORS: You did see it.
DAVID OWEN: Yes.
MR. MEADORS: And was it there Saturday -- excuse me. Did you see it on Monday or Monday afternoon or Tuesday morning?
DAVID OWEN: Monday night/Tuesday morning, yes, I did see it.
MR. MEADORS: Did you see that cooler again?
DAVID OWEN: I don't recall.
MR. MEADORS: Okay. He asked you about the rain jacket, the tarp, and asked you if was there any blood or -- does that coat, does that repel water, that jacket, the rain jacket?
DAVID OWEN: Yes, I would think so being a rain jacket.
MR. MEADORS: Was there GSR located on that rain jacket?
DAVID OWEN: On the inside of it, yes.
MR. MEADORS: Say it again, on the where?
DAVID OWEN: On the inside.
MR. MEADORS: And he asked you about blood or DNA. Was there a whole bunch of GSR found on that -- inside of that rain jacket?
DAVID OWEN: Yes, it was.
MR. MEADORS: And he asked you about, I believe, Shelley's testimony or -- about seeing that rain jacket. Did she say he was holding it like this?
DAVID OWEN: Yes. She said it was balled up in his arms.
MR. MEADORS: And he was asking you about timing, I think, unless I'm crazy, that that could be there five years, ten years. When did Blanca Simpson, when did she -- Shelley Smith, I'm sorry, tell your investigation hey, I saw him with this blue vinyl coat? When was that in relation to the murders? Was that five years? Ten years? How long was that?
MR. GRIFFIN: Objection, Your Honor. He's misstating --
JUDGE NEWMAN: The objection is overruled.
MR. GRIFFIN: -- the record.
DAVID OWEN: She told us she saw it the day after Mr. Randolph Murdaugh's funeral, which in my investigation was --
MR. GRIFFIN: Objection. Hearsay.
JUDGE NEWMAN: Objection is overruled.
DAVID OWEN: Which would be June 14th, the following Monday after Paul and Maggie were murdered, so seven days.
MR. MEADORS: Was there -- now, he asked you about your testimony to the Colleton County Grand Jury.
DAVID OWEN: Yes, sir.
MR. MEADORS: I didn't know it was out there. Did you give them a summary of the case?
DAVID OWEN: The grand jury? Yes.
MR. MEADORS: Did that include timeline?
DAVID OWEN: I believe so, yes.
MR. MEADORS: Some of his financial crimes?
DAVID OWEN: Yes.
MR. MEADORS: Background?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did that include information the jury hears from some of these lawyers in the financial issues?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did that include whether Blackout casings near Maggie were consistent with those, or matched those found near the house and the property?
DAVID OWEN: It did.
MR. MEADORS: Did it include that the family had three Blackout rifles?
DAVID OWEN: Yes.
MR. MEADORS: Alex originally had two but remembered in the follow up one of them had been replaced?
DAVID OWEN: Yes, sir.
MR. MEADORS: And that you had confirmed that?
DAVID OWEN: Yes.
MR. MEADORS: Did you present whether or not shotguns of similar make and load were found on the property?
DAVID OWEN: Yes.
MR. MEADORS: Did you present that Alex was in possession of a shotgun that was consistent with one of murderous weapons? Couldn't be excluded?
DAVID OWEN: Correct.
MR. MEADORS: And did you mention to them about Shelley Smith and kind of what we've just been talking about?
DAVID OWEN: Yes, sir.
MR. MEADORS: Did you mention to them about defendant denying going to the kennels three times?
DAVID OWEN: Yes.
MR. GRIFFIN: Objection, Your Honor. He's leading the witness.
JUDGE NEWMAN: Don't lead the witness.
MR. MEADORS: What did you tell them about him going to the kennels?
DAVID OWEN: That after dinner he stayed at the house and took a nap when Maggie went to the kennels and Paul left. He wasn't sure where he went, but that he was never at the kennels after dinner.
MR. MEADORS: Did you mention to them about Rogan Gibson?
DAVID OWEN: In the phone call that he had had with Paul, and that Rogan had heard Paul, was talking to Paul on the phone and heard Maggie in the background, and he was 99 percent sure that he heard Alex in the background. And that phone call would have been around 8:44 p.m.
MR. MEADORS: Did you mention about this to the grand jury, this video ultimately got located or downloaded?
DAVID OWEN: That it was found on Paul's phone.
MR. MEADORS: Did you tell them the contents of that video?
DAVID OWEN: Yes. That Paul was taking a video of the dog, Rogan Gibson's dog, his chocolate lab, and that Maggie was in the background, and that Alex was in the background.
MR. MEADORS: And did you present to them about the -- I think some of what we heard -- the money he acquired, he being Alex, after this incident, the money he came into?
DAVID OWEN: Yes.
MR. MEADORS: Did you mention to them about whether Maggie intended to go to Moselle --
MR. GRIFFIN: Objection. Leading.
MR. MEADORS: -- that night or not? What did you say to them about Maggie going to -- and her plans or whether she was going to go to Moselle that night or wanted to, if anything?
DAVID OWEN: That Maggie had intended to go to Edisto but had received a call from Alex requesting her to come home, that Paul was there, which contradicted the statements from the sister, Marian, where Maggie -- I'm sorry. I misspoke. Maggie had called Marian and said that she had received a call from Alex, that Alex wanted her to come to Moselle, that Paul was there, and his dad was in the hospital. But during the interview with Alex in August, he stated that it was basically a surprise. He didn't know she was coming.
MR. MEADORS: And did you mention to them that an award -- reward had been offered by the law firm?
DAVID OWEN: That a reward was offered, $100,000, with an expiration date.
MR. MEADORS: And did you tell them whether or not there was any other information, or any other credible evidence pointing to anybody else?
DAVID OWEN: I did.
MR. MEADORS: He asked you -- Mr. Griffin asked you about the scene. It was bloody?
DAVID OWEN: Very bloody.
MR. MEADORS: Defendant said he had touched and rolled, tried to move Paul.
DAVID OWEN: Yes, sir.
MR. MEADORS: Did you see any evidence of that on him? You, your eyes, did you see any?
DAVID OWEN: I did not see any on Alex, no, sir.
MR. MEADORS: Mr. Griffin has gone -- I don't know if this is a good question or not. Did they say go to Almeda?
DAVID OWEN: Who?
MR. MEADORS: Him.
DAVID OWEN: No, sir.
MR. MEADORS: Alex Murdaugh or any of the lawyers there.
DAVID OWEN: No.
MR. MEADORS: Did they give you consent to search Almeda that night?
DAVID OWEN: No, sir.
MR. MEADORS: Did they say go search Almeda?
DAVID OWEN: No, sir.
MR. MEADORS: Is that funny? I'm sorry.
MR. HARPOOTLIAN: Your Honor, I object, he's addressing me. If I found the question humorous --
MR. MEADORS: I apologize.
MR. HARPOOTLIAN: -- I'm sorry. I thought it was a funny question. It was a rhetorical question. I would ask the Court to instruct him not to address me but the witness. Thank you.
JUDGE NEWMAN: You may proceed.
MR. MEADORS: I guess the point, Mr. Griffin said they were bending over wanting to help, wanting to do all this. Never mentioned Curtis Smith or anybody else until September, right?
MR. GRIFFIN: Objection. Leading.
JUDGE NEWMAN: Don't lead the witness.
MR. MEADORS: I'm sorry. I apologize.
MR. MEADORS: Did he ever mention anybody else who could have done this, who could have been involved, who could have killed my wife and my son from June 7th of 2021 until September of '21? Did he ever mention anybody else?
DAVID OWEN: No, he did not.
MR. GRIFFIN: Objection. Leading.
JUDGE NEWMAN: He's already answered.
MR. MEADORS: Thank you.
JUDGE NEWMAN: Further questions?
MR. GRIFFIN: Yes, Your Honor.
RECROSS-EXAMINATION
BY MR. GRIFFIN:
MR. GRIFFIN: Is it police procedure that the suspect of your investigation is supposed to solve the crime?
DAVID OWEN: No, it's not, but it helps to have information from other sources.
MR. GRIFFIN: And you were asked a number of what-ifs. One what-if was like what if he hid the guns at Almeda, how long would that take? And you said 5 minutes, right?
DAVID OWEN: I said 5 or 10 minutes depending on if you know the area.
MR. GRIFFIN: What if you'd gone over there that night and searched Almeda? How long would that have taken?
DAVID OWEN: Quite some time. Large property.
MR. GRIFFIN: And we would know today that there were no guns hidden on the property.
DAVID OWEN: Well, that night Alex was not considered a main suspect, and I had no information to go search Almeda for guns.
MR. GRIFFIN: At what point in time did you ask Alex did you hide guns at Almeda?
DAVID OWEN: I didn't.
MR. GRIFFIN: The first time that question ever came to you was on February 15th at 4:30 in the afternoon. Is that right?
DAVID OWEN: Yes, sir.
MR. GRIFFIN: And I think you testified about Item 22, and I just may not have heard you correctly, but -- and Mr. Greer's testimony will speak for itself, but the results were he can't say if it's -- Item 22 is the shotgun that Alex had when Deputy Greene came in, but he can't say -- he can't exclude it. He can't exclude it. He can't say anything about it.
DAVID OWEN: Correct.
MR. GRIFFIN: Okay. Now, you mentioned what Shelley Smith told you in an interview, I take it. Did she tell you? Did you ever interview Shelley Smith?
DAVID OWEN: Yes, I did.
MR. GRIFFIN: And you testified that she told you that Alex came over there on June 14th in the morning, right? That's what you testified to this jury that's what she told you.
DAVID OWEN: She told me it was the day after Mr. Murdaugh's -- Randolph Murdaugh's funeral. Through my research would have been June 14th.
MR. GRIFFIN: And you were here in the courtroom when she testified under oath in front of this jury that Alex came over there three days later, and it was June 16th on Wednesday. You heard that testimony, didn't you?
DAVID OWEN: That's what she said in court, yes.
MR. GRIFFIN: That was her sworn testimony, correct?
DAVID OWEN: Yes.
MR. GRIFFIN: All right, that's all of the questions I have, Your Honor.
JUDGE NEWMAN: You may step down.
DAVID OWEN: Thank you, sir.
(The witness exited the stand.)