Peter Rudofski — Direct/Cross/Redirect/Recross
2,065 linesJUDGE NEWMAN: You may call your next witness.
MR. WATERS: May it please the Court, Your Honor? The State calls Special Agent Peter Rudofski.
The witness, PETER RUDOFSKI, was first duly sworn and testified as follows:
COURT CLERK: If you will, please be seated. State your full name for the record and spell your last name for me.
PETER RUDOFSKI: Special Agent Peter Rudofski, R-u-d-o-f-s-k-i, and it's pronounced Ruduf and then ski.
DIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: All right, Special Agent Rudofski, how are you doing today?
PETER RUDOFSKI: I'm doing good. How are you?
MR. WATERS: I'm good. If you would, tell the jury just a little bit about yourself. Give us a little quick history of where you grew up, where you went to school, and how you ultimately ended up with your current position, please.
PETER RUDOFSKI: I'm originally from Oakland County, Michigan, Metro Detroit area. I became a reserve deputy in 2015, reserve officer with Baysee Department of Public Safety while I was attending Saginaw State University to get my Bachelor's Degree. I then went on to work at Oakland County Sheriff's Office as a special deputy. Graduated in 2017 from Saginaw Valley State University with a criminal justice degree. Then in 2020 I -- in 2017 I moved to South Carolina, worked for the Department of Public Safety. In 2020 came to the South Carolina Law Enforcement Division where I am currently. Began in the Undercover Vice Unit, worked in the Undercover Vice Unit until October of '22, where I currently am a special agent assigned to Investigative Services.
MR. WATERS: All right, and that was when again?
PETER RUDOFSKI: That was October of '22 is when I had my new position.
MR. WATERS: At some point in that position in SLED Investigative Services, did you get involved in the investigation of the murders of Maggie and Paul Murdaugh in Moselle?
PETER RUDOFSKI: I did. November of '21 is when I was brought on to assist the Lowcountry Region with this case.
MR. WATERS: November of '21 or November of '22?
PETER RUDOFSKI: '21.
MR. WATERS: And let's talk a little bit more just about some of the experience you've had as a law enforcement officer. Have you had any experience with or have any training with using the FBI Cast Program?
PETER RUDOFSKI: Yeah. I took a basic 16 hour cell site analysis course, which allowed me to use their system CASTViz, which is when -- if you saw Matt Wilde's presentation, the mapping system and the plotting, it allows me to use that system and kind of do a basic level operation of it.
MR. WATERS: And what has been your -- kind of your primary focus of your involvement, at least in the investigation after you got involved November of 2021? And to be fair, that was November of 2021. You were not working in Investigative Services when the Moselle event happened in 2021. Is that correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: So when you came on in November of '21, what's kind of been your main -- one of you focuses and main assignment?
PETER RUDOFSKI: The main focus was to take all of the various forms of data. There's, you know, a lot of phones, a lot of different data. Take all of that and put it into a readable timeline that you can start from, you know, the beginning of the day, the end of the day, and see everything with all of those different phones and different, you know, media sources all in one document.
MR. WATERS: All right. Stand by for me just real quick.
(Break in proceedings.)
MR. WATERS: I'm going to show you what's already been admitted into evidence as a defense exhibit, Defense Exhibit 60, that was entered a long time ago in this trial. And do you recognize that that's already in evidence?
PETER RUDOFSKI: I do.
MR. WATERS: All right, and what is that? Tell the jury what that is, please.
PETER RUDOFSKI: This would have been a rough draft, or a working draft, of my timeline. I have a date of 1/12/23 at 3:00 p.m. was an updated time on this.
MR. WATERS: All right, and that was -- who prepared that document, though, that was put in by defense?
PETER RUDOFSKI: That was prepared by myself.
MR. WATERS: All right, and was that provided to defense a week or so -- or sometime prior to trial?
PETER RUDOFSKI: It was.
MR. WATERS: All right, and on that particular document, does it say that it is a working draft?
PETER RUDOFSKI: It does. On the top here it's going to have in yellow working draft, and then as you go through the document, it's going to have the same yellow on the top, working draft, and draft across the document.
MR. WATERS: All right, and as you have -- how long have you been working on this document right here?
PETER RUDOFSKI: Roughly about a year on this document.
MR. WATERS: All right, and as new data came in, new data has been analyzed from various services that have been put forth to this jury, has this been incorporated into your timeline here?
PETER RUDOFSKI: It has.
MR. WATERS: All right, and since the time that this was initially prepared, has there been additional information added to it and that document continued to be worked on?
PETER RUDOFSKI: There has.
MR. WATERS: All right, and has that been provided to the defense as well?
PETER RUDOFSKI: It has.
MR. WATERS: All right. I'm going to show you what has been marked as State's 520 and see if you recognize this document.
PETER RUDOFSKI: I do. This is going to be the full timeline; this is going to be the latest copy.
MR. WATERS: All right, and I'm going to show you what's been marked as 519. Do you recognize that document?
PETER RUDOFSKI: I do.
MR. WATERS: All right, and tell the jury what that is.
PETER RUDOFSKI: This is going to be a condensed timeline of this document here. Instead of having the whole day, it's going to have roughly from 6:00 p.m. until 11:00 p.m. on June 7th.
MR. WATERS: Of 2021?
PETER RUDOFSKI: 2021.
MR. WATERS: Your Honor, at this time I would offer State's 519 and State's 520 into evidence.
MR. BARBER: No objection.
JUDGE NEWMAN: They are admitted.
(TIMELINE REPORT MARKED AS STATE'S EXHIBIT NUMBER 519 WAS RECEIVED INTO EVIDENCE.)
(TIMELINE REPORT MARKED AS STATE'S EXHIBIT NUMBER 520 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: All right, we'll get back to those in a second. All right. Now, you mentioned before that you had had some training in using the FBI CAST program. Is that correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: And during the course of this investigation, actually fairly recently, did additional information come in related to what you've been working on?
PETER RUDOFSKI: That is correct.
MR. WATERS: And explain that to the jury. What information came in?
PETER RUDOFSKI: So, on Friday I received a call --
MR. WATERS: Which Friday?
PETER RUDOFSKI: It would have been last Friday.
MR. WATERS: All right.
PETER RUDOFSKI: From Attorney General Conrad that GM discovered some new data. I initially did a search warrant back in May of -- I'm sorry, March of last year. No data was returned to us from OnStar. We get a call saying they have data and that they're going to be sending it to me. I received an email on this past Saturday with three Excel files of data from GM.
MR. WATERS: All right, and tell the jury generally, what was that data?
PETER RUDOFSKI: There was a lot of data in it. Mostly it was a lot of lagitude, longitude plots. There was speed data in there, and a lot of data that when you start your car up you might see, like, your, you know, engine lights and all that, those codes and stuff. A lot of the codes was on the data.
MR. WATERS: And for what vehicle was this for?
PETER RUDOFSKI: This was for the 2021 Suburban driven by Alex Murdaugh.
MR. WATERS: Had GM previously responded to law enforcement inquiry that there was no such data?
PETER RUDOFSKI: That is correct. All we got was basic subscriber data for OnStar.
MR. WATERS: And when did they respond with that information?
PETER RUDOFSKI: I believe it was March 18th.
MR. WATERS: Of?
PETER RUDOFSKI: Of 2022.
MR. WATERS: 2022, and then during the course of this trial, they contacted and said, oh, wait, we found something.
PETER RUDOFSKI: That is correct.
MR. WATERS: All right, and since that time, have you downloaded that data into the CAST program and analyzed it in that fashion?
PETER RUDOFSKI: I have. The CAST data is pretty much a tool that you can take different lagitude, longitude, and different kind of data points, put it in the system in Excel file, and it pretty much plots it and paints a nice picture for you.
MR. WATERS: All right, and you -- have you worked in this case -- as you have been synthesizing the data from various sources, have you worked or synthesized the data that came from Engineer Falkofske with the FBI?
PETER RUDOFSKI: Yes, sir.
MR. WATERS: And remind the jury who Falkofske is again, please.
PETER RUDOFSKI: He is a vehicle engineer from the FBI out of Washington D.C. And he's the one is that took the telemetry unit out of Alex Murdaugh's Suburban, and he took all the data and recreated that, you know, the year long process to get all of data extracted that he previously testified on.
MR. WATERS: All right, and is that telemetry data generally synthesizing or summarized along with other data in your timelines that are admitted into evidence?
PETER RUDOFSKI: Yes, it is.
MR. WATERS: Can you -- compare for the jury the difference between what the telemetry that Engineer Falkofske did and the OnStar data that, that GM recently provided.
PETER RUDOFSKI: The biggest difference you're going to see is, is on the telemetry data, if you remember, was that Excel spreadsheet with all the different colors on it, it would show a vehicle going into drive, or park, moving, propulsion, that kind of stuff. The data we got back from OnStar is mostly a lot of lagitude and longitude and speed and different kind of codes and whatnot. There wasn't really any location data in the FBI data. I don't believe there was any for that day. I believe it was all forward, but we have mostly in GPS coordinates and whatnot. That's the biggest difference that you're going to see between the reports.
MR. WATERS: All right, and was the OnStar data recently received generally consistent with the telemetry data that had been developed by the FBI and Falkofske?
PETER RUDOFSKI: It was.
MR. WATERS: Just more specific.
PETER RUDOFSKI: Just more specific.
MR. WATERS: All right. I'm going to show you what's been marked as State's 524 to this trial and see if you recognize this document.
PETER RUDOFSKI: I do.
MR. WATERS: All right, and tell the jury what this is, please.
PETER RUDOFSKI: This was a presentation I created that is based on the GM OnStar data that was received last week for 6/7/21 for a 2021 Chevrolet Suburban.
MR. WATERS: Your Honor, at this time I would offer into evidence State's 524.
MR. BARBER: No objection, Your Honor.
JUDGE NEWMAN: It's admitted.
(ONSTAR DATA MARKED AS STATE'S EXHIBIT NUMBER 524 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: All right, if I could have the computer input, please? I'm going to go ahead and put Exhibit 524 up on the screen, the one we just admitted.
MR. WATERS: All right, make sure that's working. All right. Is this the 524, the exhibit we just put into evidence?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right, and that's your name up there, and it's got the CAST program and everything. Is that right?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. Moving on to this next slide. And can you see all right up there?
PETER RUDOFSKI: I can.
MR. WATERS: All right. If your little screen becomes hard to see, just let me know and we can have you come down here and look at the big one. What's up on this slide? Tell us what this represents to the jury.
PETER RUDOFSKI: What you're going to see up on the slide, it's going to be three file names that we received from GM. These are all three Excel files. This is what was relayed to us from GM.
MR. WATERS: And what does this slide reflect?
PETER RUDOFSKI: This is an overview you're -- do you mind if I step down?
MR. WATERS: Yeah, come on down.
PETER RUDOFSKI: This is going to be an overview slide here. The top point is going to be Moselle, the Moselle property. Bottom left you're going to have Hampton. Far right is going to be Almeda. There are four hundred -- yeah, 4,820 data points that make up these lines here. When you zoom in a couple of more slides, you're going to see the individual dots. This is just kind of, like, an overlay of all of those dots. But just for reference, that's, that's where we're at.
MR. WATERS: And just very quickly, tell the jury. When we're talking about these dots, is that what the CAST report did is plot the dots based on the data provided by GM OnStar?
PETER RUDOFSKI: That is correct. Each dot is going to represent a lagitude and longitude.
MR. WATERS: Did you have to manually enter in all 4,820, or how does that work?
PETER RUDOFSKI: I did not. The nice thing about the CAST system is it takes the Excel -- you put it all on an Excel spreadsheet, and it does all of that for you, kind of like Google Earth would do in comparison.
MR. WATERS: All right. This next slide, what is that?
PETER RUDOFSKI: This is just the same slide. It's just showing on a different -- the last one was kind of like a Google Earth kind of view photo. This is just like a regular, like, map photo that kind of just says -- you know, the location is a little bit easier to read. You've got Hampton, Almeda, then you can see Islandton.
MR. WATERS: Going to this slide, is this just a general representation where you can see some of the individual dots?
PETER RUDOFSKI: This is. This is going to be the general overview of Moselle. Each little dot is going to either have a single set of data points or multiple set of data points, and this is for the whole day. This is not just a certain time period. This is going to be for the whole day of June 7th of 2021.
MR. WATERS: All right, and then again, generally what does this represent?
PETER RUDOFSKI: This is going to represent in Hampton around the law firm. Each dot is either a single set of data points or a multiple set of data points. It's just kind of a zoomed in photo from what we saw previously.
MR. WATERS: And that's the defendant's former law firm?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right, and what does this represent?
PETER RUDOFSKI: This is going to be the Almeda property that's been referred to previously, and this is just showing an overview of all the dots for that day.
MR. WATERS: All right. We're about to get into some slides that have a very specific references to dots. And just generally, what are you about to go through with the jury as the specific data points that you're about to relate to them?
PETER RUDOFSKI: So, for this presentation we're going to go through all the different drives that occurred that day. You're going to have a data point and a slide that's going to show you beginning, a couple of slides during the drive, and then at the end. And we're going to have a couple of different drives that we will be walking through.
MR. WATERS: All right. Now, we -- this slide, what's the title of this slide?
PETER RUDOFSKI: This is Alex leaving for work.
MR. WATERS: All right, and tell the jury, what image do we see right here on the screen?
PETER RUDOFSKI: So, what you're looking at, this is going to be the property at 4147 Moselle Road. This is going to be the main entrance, and you can see underneath the little box is going to be the house. You're going to see on the date, it's going to say June 7, 2021, and this plot is going to be 12:06:47.
MR. WATERS: All right, and is that what time the Suburban got underway according to the GM OnStar data?
PETER RUDOFSKI: That is correct. It does match up.
MR. WATERS: Moving to this next slide, what does this represent?
PETER RUDOFSKI: This next slide is representing his vehicle making a right onto Moselle Road during his drive.
MR. WATERS: All right, and what time was that?
PETER RUDOFSKI: The time is 12:07:40.
MR. WATERS: All right. Come on down here, if you would just real quick, and explain to the jury this box, and in particular if there's a little arrow on this box, point that out to them so that they can understand specifically what's being referenced with the blue and white box.
PETER RUDOFSKI: So, any time you, you see a blue box here -- it's a little hard to see with a little kind of triangle down here -- that's where it's pointing to on which -- like, which, you know, red dot it's referring to. So, any time you see the box, look for that little triangle and that's going to tell you the area that the vehicle lagitude and longitude correlates with.
MR. WATERS: All right, and if I could borrow the stick real quick. So, this little blue triangle right there is what we're talking about?
PETER RUDOFSKI: That is correct.
MR. WATERS: And it's pointing to that little red dot there. Is that right?
PETER RUDOFSKI: That is correct.
MR. WATERS: And we're not going to go through all 4,820 dots, but just representative dots of these various trips. Is that correct?
PETER RUDOFSKI: That is correct, and I just want to point out quickly. You might see a couple of other data points. That could be for another trip. You know, sometimes they have the same lagitude and longitude but different times. So, you might see a couple of different data points, but that's the explanation for that.
MR. WATERS: All right, and then the one that's highlighted, though, is the one the information is being referred to right there. Is that correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: And right here we see what?
PETER RUDOFSKI: We see June 7, 2021, 12:07 and 40 seconds p.m.
MR. WATERS: All right. Thank you. All right. Before we move on to the next slide, what's the car doing at this point in time?
PETER RUDOFSKI: The car is moving.
MR. WATERS: All right, and what location is it just generally in orientation to the property?
PETER RUDOFSKI: Moselle Road coming out of that main gate.
MR. WATERS: That driveway?
PETER RUDOFSKI: Main driveway.
MR. WATERS: All right. Moving on to the next one, what does this represent?
PETER RUDOFSKI: This is 12:07:42. This is representing -- you're going to see a mile per hour is going to be the new line that just showed up, and this is showing 12 miles an hour the vehicle is traveling.
MR. WATERS: Generally on these blue boxes with the little arrow at the bottom, is that kind of in the center bottom in most of these blue box -- blue and white boxes?
PETER RUDOFSKI: That is correct.
MR. WATERS: And some of the entries have a miles per hour reading. Is that correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: And that's being recorded by the vehicle and by GM OnStar?
PETER RUDOFSKI: It's being uploaded to their servers.
MR. WATERS: All right, and so what was the speed of the defendant's vehicle at this time?
PETER RUDOFSKI: 12, approximately 12 miles an hour.
MR. WATERS: On here it's in reference to miles per hour because we're Americans, but the data that you got, what unit was it in?
PETER RUDOFSKI: Kilometers.
MR. WATERS: All right, and so did you convert that data to miles per hour?
PETER RUDOFSKI: In an Excel spreadsheet, yes.
MR. WATERS: All right. Just plugged in what the conversion is and it converted to miles per hour?
PETER RUDOFSKI: Yeah. You just do an equal sign unit to conversion and it converts for you.
MR. WATERS: All right. Going on to this next slide, is this still on the trip that morning to -- or that afternoon to the law firm?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right, and very quickly, tell the jury where we're at.
PETER RUDOFSKI: We are still on Moselle Road. We're past the Godley Farms Road, which will be another reference point.
MR. WATERS: And that's the residence up here at the top?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. That's the kennels way at the very top?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. What is the date and time of this reading?
PETER RUDOFSKI: 12:08:30, and that is showing 55, approximately 55 miles an hour.
MR. WATERS: Okay. All right. Tell me about this next one.
PETER RUDOFSKI: This is still on the drive to the law firm. This is showing at 12:16 on the dot, and we're showing approximately 60 miles an hour driven.
MR. WATERS: All right, and where is the arrow on this particular one?
PETER RUDOFSKI: So, on this box the arrow is actually going to be on top, and it's pointing to one of the data points.
MR. WATERS: The speed again?
PETER RUDOFSKI: Approximately 60 miles an hour.
MR. WATERS: And going on to Slide 13, for the record, what does this reflect?
PETER RUDOFSKI: This is reflecting coming into Hampton to the law firm, and this is actually -- if you look, it's pretty much right on top of the law firm. It's 12:21:37, and we have no speed associated.
MR. WATERS: All right, and then the next slide, Slide 14?
PETER RUDOFSKI: This is 12:24:06 with no speed recorded. This is when he's arriving. This is the last data point.
MR. WATERS: So, he's arrived to work at that time, correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: 12:46? 12:24.
PETER RUDOFSKI: 12:24:06.
MR. WATERS: Going to this next slide, explain to the jury what this is. It's Slide 15, for the record.
PETER RUDOFSKI: So, after each drive we're going to have a slide that is going to show a max speed from all of the data sets on Excel. The max speed for his drive from Moselle to the law firm that morning was 12:13:19. The max speed was, you know, 65.8 miles per hour, and the average speed of that whole drive was 37.24 miles an hour, and that time was at 12:13:19 during this drive.
MR. WATERS: All right. We're moving now to Slide 16. Tell the jury what this represents.
PETER RUDOFSKI: This one is going to represent Alex leaving work at the law firm and heading to his house. It shows at 6:24:18, and it shows him going 8 miles an hour just starting to leave.
MR. WATERS: All right, p.m.?
PETER RUDOFSKI: P.m.
MR. WATERS: And the speed?
PETER RUDOFSKI: Approximately 8 miles an hour.
MR. WATERS: Going on Slide 17.
PETER RUDOFSKI: This one is showing at 6:26:54 p.m. It's showing his Suburban going approximately 42 miles an hour on his drive home. The arrow is going to be on the top right.
MR. WATERS: And the speed?
PETER RUDOFSKI: It might cut off a little bit. 42 miles an hour.
MR. WATERS: All right, and then is that the arrow right there?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. At the top?
PETER RUDOFSKI: The top of the screen.
MR. WATERS: About 42 miles per hour?
PETER RUDOFSKI: That is correct.
MR. WATERS: Slide 81, what does this reflect?
PETER RUDOFSKI: This is going to reflect Alex arriving home at 6:42:54 with a miles per hour zero. This is the last -- one of the last data points that without speed.
MR. WATERS: All right. 6:42 p.m. arriving back at the residence?
PETER RUDOFSKI: That is correct.
MR. WATERS: And the arrow is pointing to what?
PETER RUDOFSKI: The residence. A little bit to the side, but it's the residence right there.
MR. WATERS: All right, and tell the jury now on Slide 19, what does this represent?
PETER RUDOFSKI: So, this is going to be from his drive home from the law firm to Moselle. It represents at 6:34:01 during his drive. The max speed obtained was 54.4 miles per hour. The average speed during this drive was 41.39 miles an hour. And you can see the location somewhere off of, I believe, 63.
MR. WATERS: Driving home, what was his max speed?
PETER RUDOFSKI: 54.4 miles per hour was the max speed driving home.
MR. WATERS: All right. Slide 20.
PETER RUDOFSKI: All right. So, now we're at where Alex is leaving for Almeda. This is going to be 9:07:06 p.m.
MR. WATERS: Okay, and again, we'll go through the timeline in a bit, but is this generally consistent with some of the telemetry data that Falkofske did?
PETER RUDOFSKI: It is.
MR. WATERS: The Suburban got underway at what time?
PETER RUDOFSKI: 9:07:06 according to this data.
MR. WATERS: Moving on to the next slide.
PETER RUDOFSKI: Like previous --
MR. WATERS: Where is the Suburban at this point?
PETER RUDOFSKI: Like previous slides, this is going to be the Suburban pulling out onto Moselle Road, coming right out of the main entrance, going about 15 miles an hour. This is going to be at 9:08:06.
MR. WATERS: What do we have right here?
PETER RUDOFSKI: This is going to be 9:08:18, with speeds approximately 37 miles an hour.
MR. WATERS: And where is the Suburban heading at this point?
PETER RUDOFSKI: Towards Almeda.
MR. WATERS: All right. Slide 23. We have a reference point here. Can you explain what that is to the jury?
PETER RUDOFSKI: So, the orange dot, that's going to represent approximately where Maggie Murdaugh's phone was located the following day on June 8, 2021.
MR. WATERS: All right, and do we have time reference for the Suburban at this time?
PETER RUDOFSKI: We do. It's going to be 9:08:36, and it's showing a speed of 42 miles an hour.
MR. WATERS: Okay. Moving on to the next one, tell the jury what this is.
PETER RUDOFSKI: In the grayish/white looking box you can still see the little circle where it says Maggie Murdaugh's phone location, and right under it is where the pinpoint is going to be. It's going to be 9:08:36, 42 miles an hour.
MR. WATERS: Next slide 25, Slide 25.
PETER RUDOFSKI: The upper halfway portion of that box you're going to see the circle, again the orange circle. That's going to be Maggie Murdaugh's phone. And at 9:08:42 we have the Suburban traveling approximately 45 miles an hour.
MR. WATERS: After passing that location, does the defendant's vehicle start to accelerate?
PETER RUDOFSKI: It does.
MR. WATERS: Going to Slide 26, tell us what this references.
PETER RUDOFSKI: So, we also have Maggie Murdaugh's phone location. This is just another data point. There's several throughout the row. This one is showing 9:08:54, 44 miles an hour.
MR. WATERS: Slide 27.
PETER RUDOFSKI: This is going to show you another overview of this data point in location to Maggie Murdaugh's phone. 9:08:54, 44 miles an hour.
MR. WATERS: Slide 28.
PETER RUDOFSKI: This one is further down the road past Godley Farms Road just for a reference point. This is 9:09:06, traveling 48.6 miles an hour.
MR. WATERS: Slide 29?
PETER RUDOFSKI: This is another data point in reference to where the phone location is. 9:09:18 p.m., traveling 49 miles per hour.
MR. WATERS: And Slide 30?
PETER RUDOFSKI: This is going to be another data point at 9:09:18, traveling approximately 52 miles an hour.
MR. WATERS: Slide 31?
PETER RUDOFSKI: This is also going to be another one on Moselle Road coming up to Dobson Road. 9:09:24 p.m., traveling approximately 52 miles an hour.
MR. WATERS: And then Slide 32?
PETER RUDOFSKI: This is also going to be another data point on that road, 9:09:42, traveling approximately 54 miles an hour on Moselle Road.
MR. WATERS: All right. Going to Slide 33, has our sort of map orientation changed?
PETER RUDOFSKI: It has. This is still on the drive to Almeda. I believe this is going to be 63 or Sniders Highway or Walterboro Highway. This is at 9:13:30 p.m., showing a speed of 68 miles an hour on that drive to Almeda.
MR. WATERS: All right, and I'm going back to Slide 3. We can do that real quick. And the slide that we're just seeing when the orientation changes, can you come down real quick and kind of describe generally what we were looking at when we started, and then the -- where we're at on that slide that we were just about to look at?
PETER RUDOFSKI: All right. So, when we start on this drive would have been right here at 4147 Moselle Road. 4147 Moselle Road, this would have been Moselle Road that we just showed all of those data points. Would have made a right on that Dobson Road, and then a right onto 63, Sniders Highway. It's approximately somewhere around here on Sniders Highway where -- that data point that we just looked at.
MR. WATERS: All right. Returning to Slide 33. All right.
PETER RUDOFSKI: Right there is going to be approximately where the data point was at.
MR. WATERS: Okay, and what's the speed there?
PETER RUDOFSKI: 68.7 miles per hour.
MR. WATERS: All right. Going on to Slide 34.
PETER RUDOFSKI: This is going to be at 9:14:36 showing an approximate speed of 69.4 miles her hour, and it's going to be on the top portion.
MR. WATERS: All right. Moving onto Slide 35.
PETER RUDOFSKI: This is going to be at 9:16:48, showing approximately 70 miles an hour. It's going to be the top portion of your screen there, coming into Varnville.
MR. WATERS: All right, and down at the bottom center of the screen, what is that? Right here.
PETER RUDOFSKI: That is going to be the Almeda property. And just for reference, this is going to be coming into Varnville.
MR. WATERS: All right. Right here, what do we have on Slide 36?
PETER RUDOFSKI: This is going to be the Almeda property. You can kind of see it behind the other reference part, but it's showing at 9:22:06 the Suburban is pulling -- making a left into the Almeda property.
MR. WATERS: Slide 37, what do we see here? First of all, orient the jury as to the -- what the map image reflects, and then describe the data point, please.
PETER RUDOFSKI: So, the map image is going to reflect -- you're going to make a left into the driveway. There's a railroad track, I believe, here. There's a curve, driveway coming in, and then right here is going to be the house. This is a little carport right here, and then the driveway is this whitish part that you see on your screen.
MR. WATERS: All right, and then up here generally in the property we can see a roof and that sort of thing. What generally are those?
PETER RUDOFSKI: Those are going to be some outbuildings on the property. The trees are kind of -- there's a decent amount of trees right here, but there's two outbuildings right here.
MR. WATERS: This area right here just above the house, what is that?
PETER RUDOFSKI: That's going to be where you would park. It's a paved area in front of the carport.
MR. WATERS: Where do the data points reflect the Suburban going when it arrives?
PETER RUDOFSKI: The data points for the suburban, it looks like it went toward a little bit into the grass closer to the wood line over here, and that's going to be at 9:22:39.
MR. WATERS: Closer to the wood line and the outbuildings?
PETER RUDOFSKI: That would be correct.
MR. WATERS: All right, and again, what time is the arrival at Almeda?
PETER RUDOFSKI: 9:22:39. And this is just -- this right here is going to be a better overview without the --
MR. WATERS: The box?
PETER RUDOFSKI: -- the box. You can see right here is going to be the driveway leading in. This is where a carport would be where the vehicles would be parked, and then this is the main house here. Then you have your outbuildings.
MR. WATERS: And right here we have kind of a line of data points right there in the grassy area behind the house?
PETER RUDOFSKI: We do.
MR. WATERS: All right. Going on to Slide 39, tell the jury what those calculations represent, please.
PETER RUDOFSKI: So, this is going to represent the drive from Moselle to Almeda. During that drive, the Suburban reached a max speed of 74.4 miles per hour during that drive, and it averaged 51.94 miles per hour. And this is the data point with the highest speed obtained.
MR. WATERS: Was that top speed higher than any speed he achieved when he went to work earlier that day?
PETER RUDOFSKI: That is correct.
MR. WATERS: Is that average speed higher than any average speed he had when he went to work that day?
PETER RUDOFSKI: That is correct.
MR. WATERS: Or returned from work?
PETER RUDOFSKI: That is correct.
MR. WATERS: You can go back up. Thank you.
(Break in proceedings.)
MR. WATERS: That max speed, again, is what on the trip to Almeda?
PETER RUDOFSKI: 74.4 miles per hour.
MR. WATERS: And the time again that he arrived?
PETER RUDOFSKI: At Almeda?
MR. WATERS: Yes.
PETER RUDOFSKI: I believe it's going to be 9 --
MR. WATERS: Let me back up for one -- or back up two.
PETER RUDOFSKI: 9:22:39. So, 9:22:39. He reached his max speed at 9:14:13.
MR. WATERS: On June 7th of 2021, at 9:22 p.m., is it dark?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. We've gone on to Slide 40. Please tell the jury what this represents.
PETER RUDOFSKI: This is going to represent at 9:43:18, this is when we first saw movement. And this would be Alex leaving Almeda en route back to 4147 Moselle Road. It's showing approximately 2 miles an hour.
MR. WATERS: All right, and the time again?
PETER RUDOFSKI: 9:43:18.
MR. WATERS: The arrival time that you just testified?
PETER RUDOFSKI: That is correct.
MR. WATERS: What was the arrival time that you just testified?
PETER RUDOFSKI: 9:22.
MR. WATERS: And he's leaving at what time?
PETER RUDOFSKI: 9:43.
MR. WATERS: So, approximately how long?
PETER RUDOFSKI: 20 minutes.
MR. WATERS: Going on to Slide 41, let me ask you this. Does the defendant's -- does the data reflect that the car pauses for a period of time while in that driveway area of Almeda?
PETER RUDOFSKI: It does. About halfway between on the driveway --
MR. WATERS: Come on down and show the jury, if you will. I just sent you back, I'm sorry.
PETER RUDOFSKI: You're good. So halfway, halfway during -- this is the driveway right here. This is the driveway, just for reference. You can see what looks like a data point, I believe, right here, and if you click on that data point, it's going to be about a minute until this data point will show up leaving the property.
MR. WATERS: All right, and then on Slide 41 we have a -- what's the timestamp that you have on that one? And show the arrow to the jury, too, please.
PETER RUDOFSKI: Yep. 9:45:22, and the arrow is going to be all the way down at the bottom right across the railroad tracks turning onto Yemassee Highway.
MR. WATERS: At 9:45?
PETER RUDOFSKI: That is correct, 9:45:22.
MR. WATERS: All right. Moving on to Slide 22, please tell the jury what this data point represents.
PETER RUDOFSKI: This slide is going to show you the drive back from Almeda to Moselle. This is just a data point on Yemassee Highway. It's 9:46:01, and this one doesn't have a speed.
MR. WATERS: Going to Slide 43.
PETER RUDOFSKI: This is also --
MR. WATERS: Orient the jury and tell them the data point, please.
PETER RUDOFSKI: So, on the bottom you have Almeda, going through Varnville, and then heading up to Moselle. This is at 9:51:30. This is showing an approximate speed of 74 miles an hour. It's going to be the top portion of that box.
MR. WATERS: That's the arrow at the top center?
PETER RUDOFSKI: That is correct.
MR. WATERS: Slide 44. Please tell the jury what this data point represents.
PETER RUDOFSKI: Top of the map you're going to see Moselle, and this is going to be on 63. This is going to be at 9:54:24, we have approximately 70 miles an hour.
MR. WATERS: And the arrow is located where?
PETER RUDOFSKI: It's going to be on the bottom.
MR. WATERS: Slide 45. What do you have right here?
PETER RUDOFSKI: This is going to be at 9:59:18. This is Moselle Road, coming up to Godley Farms Road for reference. The top portion on the left is going to be the Moselle property. This is at 9:59:18. It's showing a speed of 57 miles an hour.
MR. WATERS: All right. We have moved on to Slide 46. Tell me about that one, please.
PETER RUDOFSKI: This is going to be the arrival into Moselle. This is showing 10:00 on the dot, showing 7 miles an hour making a left into the main driveway.
MR. WATERS: 10:00 on the dot?
PETER RUDOFSKI: That is correct.
MR. WATERS: And Slide 47?
PETER RUDOFSKI: This is about 30 seconds later. This is 10:00. This is about halfway down the driveway of the main house, showing 22 miles an hour.
MR. WATERS: All right. Slide 48, tell the jury about the calculations reflected on this slide.
PETER RUDOFSKI: So, this is going to be on his drive back from Almeda to Moselle Road. The max speed that was obtained during that drive was at 9:51 and 43 seconds, was 80 miles an hour. The average speed was 46.52 miles a hour during that drive.
MR. WATERS: Is that average speed going to also, though, include that minute where the car paused at the driveway in Almeda?
PETER RUDOFSKI: That is correct.
MR. WATERS: The top speed was what?
PETER RUDOFSKI: 80.16 miles an hour.
MR. WATERS: And at this time period, would it have been dark outside?
PETER RUDOFSKI: It would.
MR. WATERS: Let me ask you this. You're a law enforcement officer that works in this area of the state, correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: And have you, during the course your law enforcement career, had to respond to emergencies or call for services and that sort of thing?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right, and this particular road that we're -- that we've been talking about, these roads, have they recently been paved?
PETER RUDOFSKI: They have.
MR. WATERS: And was that after the murders occurred on June 7, 2021.
PETER RUDOFSKI: They were.
MR. WATERS: Were you familiar with the condition of the roads and what they were like on that route prior to them being repaved?
PETER RUDOFSKI: I am.
MR. WATERS: All right, and tell the jury what running code is. If you have an emergency or a call for service, an emergency, what is running code?
PETER RUDOFSKI: Running code is where you activate your blue lights and siren, and you go above the posted speed limit at a safe fashion to get to your arrival in a safe manner.
MR. WATERS: That's when the cops turn on the lights and they're headed to the scene.
PETER RUDOFSKI: Yeah, blue lights and sirens.
MR. WATERS: All right, and you're traveling as fast as you possibly can and still be reasonably safe. Is that correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: And have you had calls prior to this road being paved to run code down that road?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. Would you at night, or did you ever at night on the roads as they existed at the time of June 7, 2021, running code with your lights on run 80 miles an hour down that road?
PETER RUDOFSKI: I would not, no.
MR. WATERS: And why not? Tell the jury why not.
PETER RUDOFSKI: Due to the time of night, the heavy deer population out there. As everyone can probably see, deer will run out all the time, and especially with all of your lights it attracts the deer. So, it's actually having your blue lights on sometimes, the deer actually are kind of attracted to that light, and then also the road conditions, the road, you know, is very -- a lot of pot holes and --
MR. WATERS: Was the defendant's top speeds on both trip to and from Almeda in excess of his -- any max speed in his trips previous in the day?
PETER RUDOFSKI: That would be correct. The posted speed limit is 55 on 63.
MR. WATERS: All right. We've gone on now to Slide 49, and tell the jury what this represents.
PETER RUDOFSKI: This is going to be a timestamp of 10:05:06 p.m., and it's just showing Alex Murdaugh leaving for the kennels.
MR. WATERS: And where is the dot on this particular slide?
PETER RUDOFSKI: The dot is going to be on the bottom towards the middle right by the house.
MR. WATERS: Moving on to Slide 50, tell me what this represents.
PETER RUDOFSKI: This is also showing the drive over to the kennels. The timestamp of this is 10:05:39.
MR. WATERS: And where is the arrow?
PETER RUDOFSKI: The arrow is going to be on the bottom. You can kind of see it on the end.
MR. WATERS: All right. Going on to Slide 51, what does this represent?
PETER RUDOFSKI: This is just saying the max speed was obtained 28 miles an hour at 10:05:49 during that trip.
MR. WATERS: Okay, and then Slide 52?
PETER RUDOFSKI: This is showing the Suburban arriving at the kennels, 10:05:57 p.m.
MR. WATERS: And backing up still on Slide 52, can you remind the jury -- and we'll talk more about this with the timeline in a minute, but generally what time was the 911 call?
PETER RUDOFSKI: 10:06, I do not know the seconds.
MR. WATERS: All right, and to your recollection during the 911 call, did the defendant say he was returning back to the residence during that 911 call?
PETER RUDOFSKI: He did.
MR. WATERS: All right, and so we're on Slide 53. What does this reflect?
PETER RUDOFSKI: This would be him heading back to the house around 10:11:54.
MR. WATERS: All right. Slide 54?
PETER RUDOFSKI: This is just also showing him driving back to the house at 10:12:18 p.m.
MR. WATERS: Slide 55?
PETER RUDOFSKI: This is just another slide at 10:12:30 p.m. showing 32 miles a hour.
MR. WATERS: And where is the dot?
PETER RUDOFSKI: The dot is going to be on the bottom, and it's going to be on the main drive to the house.
MR. WATERS: Slide 56?
PETER RUDOFSKI: This is going to be at 10:13:54, showing 2 miles an hour, and it's right next to the house.
MR. WATERS: All right. Slide 57?
PETER RUDOFSKI: This is just showing that max speed from -- going from the kennels back to the house was at 10:12:19, and the suburban reached 35.78 miles an hour approximately.
MR. WATERS: Slide 58?
PETER RUDOFSKI: This is just showing the drive back down to the kennels. Once again, this is during the 911 call at 10:14:30 p.m. showing approximately 24 miles an hour.
MR. WATERS: And then the final slot in this exhibit, what is that?
PETER RUDOFSKI: This is just showing the max speed at 10:14:25 of 30 miles an hour during that drive.
MR. WATERS: Does that complete your placing of those GM OnStar data points into the CAST program in these slides that you related to the jury?
PETER RUDOFSKI: It does.
MR. WATERS: Your Honor, I'm about to move on to another exhibit. It's lengthy. This might be a good time -- I would request or suggest a break at this time.
JUDGE NEWMAN: All right, ladies and gentlemen, we'll take a break at this time. Please do not discuss the case.
(The jury left the courtroom.)
MR. HARPOOTLIAN: Your Honor.
JUDGE NEWMAN: Yes, sir?
MR. HARPOOTLIAN: I talked with Mr. Waters. He thinks he's probably going to go -- close to lunch he's going to rest, and then we've probably got 2 hours of cross on this witness. So, I mean, we've got some short witnesses. We've got some long witnesses we could bring once they rest. We've got a motion for a directed verdict, which I don't think will take that long, 15 or 20 minutes. I mean, I don't want to start a witness today and finish him on Tuesday if it's a long witness. So, should we tell maybe some 30 minute or 40 minute witnesses to be here at about -- I just don't want the Court to sit here and have to go home without maximizing the use of your time.
JUDGE NEWMAN: Certainly I do not like a witness to be on the stand over the weekend because we end up starting back at the beginning.
MR. HARPOOTLIAN: It's a three day weekend.
JUDGE NEWMAN: Pardon?
MR. HARPOOTLIAN: It's a three day weekend. It's not just a weekend.
JUDGE NEWMAN: Yeah, right. You know, we have to be flexible. I don't know how long all of this is going to go. Is this your last witness, Mr. Waters?
MR. WATERS: Barring some need for -- yes, sir.
JUDGE NEWMAN: Okay. So, you should be ready to do some witnesses today, I would think.
MR. HARPOOTLIAN: Yes, Your Honor.
JUDGE NEWMAN: That's assuming the case proceeds beyond a directed verdict.
MR. HARPOOTLIAN: Yes, sir.
JUDGE NEWMAN: Okay. Well --
MR. HARPOOTLIAN: I think you've answered. You don't want to start a three or four hour witness this afternoon.
JUDGE NEWMAN: Not at all, no, not at all.
MR. HARPOOTLIAN: Okay. Well, that answers the question. We may come up a little bit short. It's sort of hard to gauge, but we've got some relatively short witnesses, and then we've got a rather long witness.
JUDGE NEWMAN: I understand.
MR. HARPOOTLIAN: Thank you, Your Honor.
JUDGE NEWMAN: I want to put on the record that I received a note from the jury after returning from lunch yesterday. They, the jury, somehow thought that they would elect their own foreperson and asked me if they -- whether there's a reason for appointing someone else or if we could keep the same foreperson. I don't know who gave them the notion that they would select their own foreperson. And I know, as I told them, that it's done differently in different places. I appoint forepersons, and I did not change -- I did not cede to them, saying we already have a foreperson. But that was the reason I gave them an explanation right after lunch explaining this to them, that the fact that you're the foreperson doesn't give you any more authority than any other juror. But I want to make this note a part of the record.
MR. WATERS: Your Honor, if I could also -- if we conclude this witness and -- obviously I would request at the conclusion of that witness that there be at least a brief recess just to do an exhibit check and any housekeeping if we are going to rest at that time. If I could have an opportunity quickly to do that outside of the presence of the jury?
JUDGE NEWMAN: Okay.
MR. HARPOOTLIAN: Two short witnesses at best this afternoon. Thank you, Your Honor.
JUDGE NEWMAN: Okay. Very good. Bring the jury.
(The jury returned to the courtroom.)
JUDGE NEWMAN: That is Court's Exhibit Number 3.
(JURY NOTE MARKED AS COURT'S EXHIBIT NUMBER 3 WAS RECEIVED INTO EVIDENCE.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: Very well. You may continue.
MR. WATERS: May it please the Court, Your Honor?
CONTINUED DIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: All right, Special Agent Rudofski, we just finished with the GM OnStar data, and that was 524. And again, just to remind the jury, you prepared two timelines. One is 520, which is the big one, correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: Which is a more expansive timeline relevant to June 7th, correct --
PETER RUDOFSKI: That is correct.
MR. WATERS: -- and surrounding days, correct? And then this one, which is 519, which is a condensed version of this that focuses just on the hours, the evening hours of the day of the murders, correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. At this time I'm going to publish 519 to the jury, and let's discuss it.
(Break in proceedings.)
MR. WATERS: All right, just real quick, I want to go through this opening page. And this is the condensed one, 519, is that correct, up on the screen?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right, and it has your name on it, correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right, and then we have a reference guide right here. And if you would, just explain just some of the various sources of information that have been admitted before this jury that you ultimately synthesize into this summary timeline.
PETER RUDOFSKI: Okay. What we have here is we're going to have cell phone, phone -- Cellebrite extraction reports. It's going to be for Paul Murdaugh which, as you go through this timeline, PM is going to refer to Paul Murdaugh. We're going to have AM, which is going to be Alex Murdaugh's cell phone extraction, and then MM, which is going to be Maggie Murdaugh. So, any time you see the abbreviations, that's what it's going to refer to. We have their cell phone extractions here. They also have the FBI telemetry report. We have the FBI CAST data. We also have different reports from the phones, the AXIOM reports. We have a ALPR report in here, which is actually probably not in the condensed one. That's going to be Automated License Plate Reader data for Maggie Murdaugh's Mercedes. We're also going to have some Snapchat data. And then data from Rogan Gibson, Paul Murdaugh, Alex Murdaugh, Maggie Murdaugh, and Buster Murdaugh's CDRs, which is the Call Data Records from Verizon.
MR. WATERS: And let me pause you real quick. So, we have extractions. Tell the difference to the jury -- and I don't mean to point at you with a stick -- between an extraction and then CDRs, or Cell (sic) Data Records, please.
PETER RUDOFSKI: So, the extraction is going to be what like Britt Dove testified, what he actually extracted out of the phone. And then the CDRs is going to be what Verizon testified, which is going to be their records of phone calls and text messages. So, two separate data sources from two separate entities.
MR. WATERS: All right, and continue on, please, with the remainder of data in your summary timeline.
PETER RUDOFSKI: We have referenced here a couple of different, like, KnowledgeC database. That's kind of like the Axiom database. It's just another database that, you know, records were provided to me from. We also have a PMPED building access log. And then in the big timeline we have the 911 recordings. And then just want -- I want to point out the Dylan Hightower extraction, that would have been the first phone extraction of Alex's phone two days after the 7th.
MR. WATERS: All right.
PETER RUDOFSKI: And then we have the GM OnStar data.
MR. WATERS: Okay. All right, and then down at the bottom here we have some color coded things on the left of the screen, and then a box on the right. So, quickly explain to the jury what those reference points mean, please.
PETER RUDOFSKI: On the right on of the screen, you're going to see the 2021 Suburban log file excerpt. Falkofske from FBI had that Excel with all the different colors and everything. This is going to be a reference guide so when you're going through this, what the colors actually mean on the data. And then --
MR. WATERS: All right, give an example of what you mean by that.
PETER RUDOFSKI: So, you're going to see kind of that reddish/pinkish color, that's going to mean that the infotainment center is booting up. So, when you go through this timeline, you're going to see that data section highlighted with that color. That's what you'll know is happening with the data. If you see pink, it's going to be a propulsion; when you see blue, it means that it's either in or out of park. And that's kind of just how we're going to be reading it as we go along the timeline.
MR. WATERS: All right, and then these addresses have colors over here, and just -- and we don't have to go through every one, but the first one, that red one, what one is that?
PETER RUDOFSKI: 4147 Moselle Road.
MR. WATERS: All right. So, if we see that little box with an arrow on it, that's Moselle on the map?
PETER RUDOFSKI: That is correct.
MR. WATERS: And then the green is what?
PETER RUDOFSKI: It's going to be Almeda, the Almeda property.
MR. WATERS: Okay, and we'll talk about the others as we go through. All right. All right. Let's start moving through it. Just give me one second.
(Break in proceedings.)
MR. WATERS: All right. Starting at -- all right. So, this timeline is condensed. This timeline begins roughly when?
PETER RUDOFSKI: Around 6:00 p.m.
MR. WATERS: All right. On what day?
PETER RUDOFSKI: June 7, 2021.
MR. WATERS: All right, and let's start at 6:04, and I want to move through this expeditiously and we'll stop and talk about some specific entries as we go through. Okay?
PETER RUDOFSKI: Okay.
MR. WATERS: All right. So starting there at 6:04, does Paul Murdaugh have any phone activity?
PETER RUDOFSKI: He does. He calls Will Loving. And as you can see in the parenthesis, it's going to say PM extraction. That means it was pulled off of Paul Murdaugh's phone extraction, just for reference.
MR. WATERS: All right, and Will Loving, that's the individual that testified weeks ago?
PETER RUDOFSKI: That is correct.
MR. WATERS: And 6:08, what activity do we see on Paul's phone?
PETER RUDOFSKI: He makes an outgoing call to Dad, which is identified as Alex Murdaugh. It shows answered but 1 second long.
MR. WATERS: All right, and what was the source of that information?
PETER RUDOFSKI: That was from Paul Murdaugh's phone extraction. It does not show up in Alex Murdaugh's original logical dump or the second one from Britt Dove, but it does show up on his CDRs from Verizon. So, that would be the records that Verizon actually keeps for the phone.
MR. WATERS: All right, and can a user of the phone affect the CDRs that are with the Verizon phone company?
PETER RUDOFSKI: They cannot, no.
MR. WATERS: But can the user affect what data remains on their phone?
PETER RUDOFSKI: Yes.
MR. WATERS: And frequently throughout this timeline, we'll see instances in which there was a call logged on the CD -- on Alex Murdaugh's CDRs but was missing from his phone from the extraction.
PETER RUDOFSKI: That is correct.
MR. BARBER: Objection, Your Honor. Leading.
JUDGE NEWMAN: Don't lead the witness.
MR. WATERS: All right.
MR. WATERS: Can you explain any difference between the CDRs as it relates to Alex Murdaugh's phone and whether or not there's any missing call logs on the extraction on this phone?
PETER RUDOFSKI: As we go through this extraction, you're going to see that multiple instances we're going to have calls showing on Alex Murdaugh's CDRs that are not -- that we could not find on the logical extraction or the Britt Dove full extraction of Alex's phone. And that's going to be notated on the bottom if we -- if it was not in the extraction.
MR. WATERS: All right. At 6:09:48, do we have any communications on Maggie's phone?
PETER RUDOFSKI: This is going to be a iMessage from Maggie Murdaugh to Paul Murdaugh stating: You okay? Getting a little foot massage, then I'm heading home. And that was obtained from Maggie Murdaugh and Paul Murdaugh's phone extractions.
MR. WATERS: At 6:10:01, going to the bottom of this page, I think page number 2, is there another message from Maggie to Paul Murdaugh?
PETER RUDOFSKI: This is also going to be iMessage to Paul stating: Love you, and Blanca cooked you dinner.
MR. WATERS: Moving onto page 3, what does this reflect right here?
PETER RUDOFSKI: This is going to be from FBI Agent Matt Wilde; this is going to be from his report. This is from Paul Murdaugh. You're going to identify that in the right-hand corner where it says Paul. Just for reference, any time you see a map, if you look in the right-hand corner, it's going to tell you whose map that is for.
MR. WATERS: All right, and just generally remind the jury what this map reflects, please.
PETER RUDOFSKI: This is just showing generally where the cell towers are located and where the area -- whenever, like, a phone call or a text message, where it was pinged during that time for Paul.
MR. WATERS: And these little red things right here with the angles on it, what does those reflect?
PETER RUDOFSKI: That's going to be where the cell tower is and what angle the call would have originated or, you know, taken place from.
MR. WATERS: All right, and down at the bottom, what's the first time reported for Paul's cell phone as it pings on these cell towers?
PETER RUDOFSKI: It's going to be 6:17:42.
MR. WATERS: And can you describe to the jury generally where these cell towers reflect Paul's phone is moving?
PETER RUDOFSKI: So, it would be Beaufort area down the right-hand side moving up towards Moselle, which you can see in the far right corner, that little badge looking red dot.
MR. WATERS: All right. Up here at the top center, what is that right there?
PETER RUDOFSKI: That's going to be arc -- it's just a distance arc.
MR. WATERS: But the red dot, what is that?
PETER RUDOFSKI: The red dot, that's going to be 4147 Moselle Road.
MR. WATERS: All right, and what times does Paul's phone ping off any cell tower near Moselle?
PETER RUDOFSKI: 6:53 p.m., 7:05, and 7:30:05.
MR. WATERS: All right, and we see a three right there. Does that refer -- or does it -- what does this three refer to as it relates to that cell tower location near Moselle?
PETER RUDOFSKI: It's just going to show you what side of the cell tower it's on, what arc.
MR. WATERS: And what time does it first ping on Sector 1 facing Moselle?
PETER RUDOFSKI: 7:05:33 p.m.
MR. WATERS: All right. Moving to -- and continuing on page 3, we have a time reference at 6:20:53. Can you explain to the jury what, if anything, that indicates?
PETER RUDOFSKI: We have Maggie Murdaugh. She received a phone call from Proctor, Marian. That's how it showed up in her phone, to the phone number. It's actually Marian Proctor, which is how it relays in the phone, and it shows rejected.
MR. WATERS: All right, and after that what, if any, communications were there?
PETER RUDOFSKI: Right after that at 6:21:28, Maggie Murdaugh sends a text message to Marian stating: Can't talk. Getting foot massage. Will call you back. That was from her phone extraction.
MR. WATERS: Moving on to 6:23, are there any communications with Maggie and Paul?
PETER RUDOFSKI: There are. Paul sends a message to his mom at 6:23:27 stating: What did she make? And then Maggie replies back shortly after saying: Country fried steak and mac and cheese.
MR. WATERS: Below that we have a orange and blue box. What does that represent?
PETER RUDOFSKI: So, this is going to be from the FBI telemetry data from that Excel that was read into evidence, and this is just showing what -- that color coordination I talked about earlier. The orange is going to show a system startup, and from previous testimony that could be, you know, unlocking a car, locking it, getting in close range with the key fob, opening up the rear hatch. Just something that makes -- you know, when you get in your car and you kind of hear that noise before you start it up with the telemetry, it's just interworkings, you know. Anything could really cause it.
MR. WATERS: While I'm asking you, going back to that map, the incident location at Moselle where Paul and Maggie were found murdered, what county is that in?
PETER RUDOFSKI: That's going to be Colleton County. And if you look, we have the pink, which is going to kind of show propulsion, and then blue, which is going to show some kind of shift in the vehicle transmission.
MR. WATERS: All right. Down at the bottom, 6:24, what is that?
PETER RUDOFSKI: 6:24, that shows from the FBI report, telemetry report, that the Suburban shows a device connection.
MR. WATERS: That would be Alex Murdaugh's phone?
PETER RUDOFSKI: That would be correct.
MR. WATERS: Moving on to 6:24 p.m. Is there any data points as it relates to the defendant's Suburban?
PETER RUDOFSKI: It is. We have one at 6:24:18 around the PMPED law firm.
MR. WATERS: All right, and what time was that? That was 6:24?
PETER RUDOFSKI: 6:24:18, correct.
MR. WATERS: And that map there, is a that data point from the CAST data that you just explained to the jury?
PETER RUDOFSKI: That is correct.
MR. WATERS: Moving down, we have some various messages from some of the individuals. Is that right?
PETER RUDOFSKI: We do.
MR. WATERS: Okay.
PETER RUDOFSKI: We have Alex Murdaugh receiving a phone call from Jay Parker at 6:25. 6:27, Paul is sending a message to Britt saying: Maybe Saturday. He calls Robert Boyle shortly after. And then at 8:38 p.m., Rogan calls Marion Dempsey.
MR. WATERS: And to your recollection, what is Marion Dempsey to Rogan at this time?
PETER RUDOFSKI: It was his girlfriend currently at the time.
MR. WATERS: All right. Moving on to page 5, what does this map represent? Who is this from, this map?
PETER RUDOFSKI: This is going to be from Matt Wilde from the FBI, this is directly from his report.
MR. WATERS: And what phone does this map reflect?
PETER RUDOFSKI: The top right is going to say Alex Murdaugh with the associated cell phone.
MR. WATERS: All right, and then there's a box below that. Explain to the jury again what that box represents.
PETER RUDOFSKI: So, the box below it, that's going to represent all the times that the pings were logged that Matt Wilde actually put in the report.
MR. WATERS: And then the black circle with the angle in the middle, what is that?
PETER RUDOFSKI: That's going to show you the cell tower, and then the kind of angle that the calls or texts would have been in.
MR. WATERS: And what property is in the sector of that cell tower?
PETER RUDOFSKI: 4147 Moselle Road. It's identified by that red badge looking dot.
MR. WATERS: All right. On here, this box with the times, those are times of what again?
PETER RUDOFSKI: This would have been times of activity that it -- that would send to a cell tower that they would have data on.
MR. WATERS: And the 6:00 hour, what is the latest time period that you see Alex Murdaugh's phone reflecting activity?
PETER RUDOFSKI: 6:52 p.m.
MR. WATERS: And then after that, what is the next time period that you've seen reflecting activity?
PETER RUDOFSKI: The next time showing on the map is going to be 9:04:24 p.m.
MR. WATERS: Does the defendant's cell phone reflect any activity between 6:52 and 9:04?
PETER RUDOFSKI: Between 6:52 and 9:04, there's no activity reflected.
MR. WATERS: At least on the cell pinging.
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. At 6:40:01, what activity, if any, is reflected?
PETER RUDOFSKI: Paul calls -- it's going to show up as PA in the extraction, which is Alex Murdaugh, based on the phone number. It shows it was answered. It was 2 minutes and 29 seconds long. This call also does not show up in the phone extractions for Alex Murdaugh, just on his CDRs.
MR. WATERS: It was in the defendant's CDRs?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right.
PETER RUDOFSKI: And it was also -- it was also in Paul's phone. It shows the phone call.
MR. WATERS: All right. At 6:42, and what, if anything, is reflected?
PETER RUDOFSKI: We have a Suburban device connection to IPhone from the FBI report at 6:42:48, and at 6:42:54 we show the Suburban arrives at 4147 Moselle Road based on the GM OnStar data.
MR. WATERS: All right, and going on to page 6, is that the -- your CAST map reflecting that data point you just described?
PETER RUDOFSKI: That is correct. It's going to be the 6:42:54 data point.
MR. WATERS: And what happens at that moment?
PETER RUDOFSKI: That's when Alex Murdaugh is going to arrive back from the PMPED law firm from work that day.
MR. WATERS: All right. Moving on. At 6:43:50, what, if any, activity do you see?
PETER RUDOFSKI: It shows that Maggie Murdaugh's phone had a missed call from PA, which is Alex Murdaugh. It shows missed -- it shows missed, but also it shows up at Alex Murdaugh's CDRs but does not show up in either one of the phone extractions.
MR. WATERS: And moving on, we have a couple of the orange and white boxes. Tell the jury, again, what those reflect.
PETER RUDOFSKI: So, these are just going to reflect some kind of system boot-up. It doesn't mean the car moved or did anything. It just means that the door was opened. It -- just something triggered the car to do a little internal boot-up, from previous testimony.
MR. WATERS: All right. At 6:53:44, what, if any, activity do you see?
PETER RUDOFSKI: Paul Murdaugh calls John Marvin. It shows a minute and 42 seconds long, and that's based off of Paul's phone extraction.
MR. WATERS: To your understanding, when you see those times of the call lengths, does that also include connection time as well?
PETER RUDOFSKI: It does. Based on previous testimony from Verizon, that could include how long it takes to, you know, get the actual network connected.
MR. WATERS: All right, and then at the 7:00 hour, what, if any, communication are on Paul's phone?
PETER RUDOFSKI: So, Paul sends to text message to Claude, C.B. Rowe, saying: Are you coming tomorrow? And then shortly after he sends another text saying: Sunflowers died, we need to plow them under ASAP. That was based off his phone extraction.
MR. WATERS: Moving on now to Page 7, and we have some activity at 7:02:29.
PETER RUDOFSKI: We do. Maggie Murdaugh calls Alex Murdaugh. It shows 2 seconds, and this also does not show on Alex Murdaugh's extraction. It shows on his CDRs. And it also shows on Maggie's phone that Maggie called Alex but does not show on Alex's phone that that call was there.
MR. WATERS: Missing from his phone, though, correct?
PETER RUDOFSKI: That is correct, missing in the call log of the phone.
MR. WATERS: All right. 7:03 to 7:11, what, if anything, is reflected on Alex's phone?
PETER RUDOFSKI: His phone is showing approximately 165 steps taken during that timeframe.
MR. WATERS: And then what happens at 7:04?
PETER RUDOFSKI: 7:04, through the CAST data database it shows that Paul Murdaugh is at the residence of 4147 Moselle Road.
MR. WATERS: Does Maggie's phone reflect any activity as we move on to the 7:04 time period?
PETER RUDOFSKI: Her phone showed that between 7:04 and 8:17, her phone was -- it showed a blue tooth connection to MBUX95224, which is her Mercedes Benz.
MR. WATERS: So, any time we see MUBC95224, what, if anything, does that represent?
PETER RUDOFSKI: That's going reflect her Mercedes Benz.
MR. WATERS: MB for Mercedes Benz?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. Moving on. At 7:05, does Maggie call anyone?
PETER RUDOFSKI: She does. She calls Marian at 7:05:13. It shows answered, 7 seconds.
MR. WATERS: At 7:05:55, is there any reflection of the communication between Alex and Maggie Murdaugh?
PETER RUDOFSKI: There is. Alex sends a message to -- in his phone. It's to Maggie Mae stating: Paul said you were getting a pedi, call when you done. That's from the Alex -- that's from the extraction.
MR. WATERS: All right. Moving on. Do we have any communications between Maggie and Paul during this time period?
PETER RUDOFSKI: At 7:05:32 we have Maggie calling Paul. It shows he answered, a minute and 31 seconds.
MR. WATERS: And does Maggie attempt to call Marian again?
PETER RUDOFSKI: That is correct.
MR. WATERS: That would be at the bottom of the screen.
PETER RUDOFSKI: Yep. That would be the 7:07:49 when Maggie Murdaugh calls Marian. And when it says Marian, it's Marian Proctor.
MR. WATERS: All right. Moving on the Page 8, we have another map. Can you generally explain what this represents to the jury, please?
PETER RUDOFSKI: So, at the top right-hand corner we have Maggie Murdaugh with an associated phone number. We have two points. One is 4147 Moselle Road in the red, and the green is going to be the Almeda Property. When you're looking at this map, number one is going to be closer to Charleston and it's working it's way -- Maggie is working her way towards Moselle in this map.
MR. WATERS: All right, and the first time period you see on dot number -- or it's numbered one?
PETER RUDOFSKI: It's going to be 7:07:49 p.m.
MR. WATERS: And the latest time you see on the dot is numbered five?
PETER RUDOFSKI: That is correct. It's going to be in the Walterboro area. It's going to be 7:50:20. 7:50:20 is going to be the latest dot, and that's in the Walterboro area.
(Break in proceedings.)
MR. WATERS: All right. Moving on. Looking down at 7:09:43, what, if any, activity do you see on Maggie's phone?
PETER RUDOFSKI: Maggie calls her mom. It shows 8 minutes and 17 seconds long.
MR. WATERS: Would that be Ms. Branstetter?
PETER RUDOFSKI: That is correct.
MR. WATERS: And we have an orange box. Can you tell the jury about that quickly, please.
PETER RUDOFSKI: So, that's just showing a system boot-up. It could have been getting close to the Suburban, unlocking, locking it, opened up a door, or it could just be some kind of internal components based on the previous testimony from the FBI.
MR. WATERS: After that we have two entries. Can you tell the jury what those two entries are and the time periods and what they represent, please?
PETER RUDOFSKI: So, the next two entries is going to be 7:14:13 to 7:22:19. It's going to be Paul Murdaugh's IPhone showing approximately 208 steps traveled during that time period. And the one below it is going to be 7:15:35 to 7:21:52. This is going to be from Alex's phone showing that approximately 200 steps were taken during that timeframe. So, we have 208 step taken from Paul during his timeframe, and then Alex is around 200 steps traveled.
MR. WATERS: And both of those time periods for those steps for Alex and Paul, are those generally roughly the same --
PETER RUDOFSKI: Generally.
MR. WATERS: -- consistent?
PETER RUDOFSKI: That is correct.
MR. WATERS: 7:18:44, what, if any, activity do you see?
PETER RUDOFSKI: Alex Murdaugh sends a text message so C.B. Rowe saying: Call me, please.
MR. WATERS: Going now to page 9 at the top, those two entries, again, explain those two entries to the jury.
PETER RUDOFSKI: So, the first entry is going to be Paul Murdaugh's IPhone from 7:25:03 to 7:34:34, and it's showing 139 steps taken during that time period. It's an approximate. 7:28:35 to 7:37:11 is going to be Alex Murdaugh's IPhone showing approximately 47 steps traveled during that time period.
MR. WATERS: All right. 7:30 p.m. we have another data point indicating Maggie's trip home to Moselle?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. We've got another map. Tell the jury what this one is, please.
PETER RUDOFSKI: This map is just showing that, you know, her phone was pinging. It starting at 7 --
MR. WATERS: Whose phone is this?
PETER RUDOFSKI: This is going to be Paul, I'm sorry, Paul Murdaugh. It's going to be in the right-hand corner. It should say Paul Murdaugh with the phone number on top. This is just showing where his phone was pinging on June 7, 2021, starting at 7:30 and then all the way to 8:40 p.m.
MR. WATERS: All right, and we see two cell towers there and then some arcs. Where do those arcs intersect?
PETER RUDOFSKI: The arcs intersect close to the property at Moselle Road.
MR. WATERS: And if you would, just tell the jury the earliest time that's reflected here and the latest time that's reflected here.
PETER RUDOFSKI: The earlier reflect is going to be 7:30:05, and the latest time reflected is going to be 7:40:21 p.m. on June 7, 2021.
MR. WATERS: So, Paul's phone is at the Moselle location according to this data.
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. Bottom of Page 9, do we have any communications between Maggie and Marian Proctor?
PETER RUDOFSKI: We do. At 7:31:13 p.m., we show a call from Maggie to Marion and 7:39, which is the length of the call.
MR. WATERS: 7 minutes and 39 seconds?
PETER RUDOFSKI: That's correct.
MR. WATERS: Does that include connection time as well?
PETER RUDOFSKI: It does.
MR. WATERS: All right. Do we have any steps on Paul's phone in the time period around this time?
PETER RUDOFSKI: Paul's phone shows between 7:35:10 and 7:41:43, it shows roughly around 171 steps traveled during that timeframe.
MR. WATERS: 7:37 and 7:38, do we see any activity on Paul's phone with some of his friends?
PETER RUDOFSKI: Paul receives a Snapchat message from Michelle Beck stating: BC, I have short term memory loss. That was based off his phone extraction. And then Paul Murdaugh receives an iMessage from Meagan Kimbrell stating: Paul.
MR. WATERS: All right. Moving now to Page 7, going to 7:39:55, can you tell the jury what that data point reflects on your summary timeline?
PETER RUDOFSKI: So, from earlier testimony, you've seen this video. This is just a thumbnail picture, and this is when it's showing it was created in Paul Murdaugh's phone, and we have a little screen shot of the creation time. It's going to show 7:39:55 is when this thumbnail was created on Paul's phone.
MR. WATERS: And remind the jury what video that is. I see we've got a thumbnail there, but what video is that?
PETER RUDOFSKI: This is going to be that Snapchat, Snapchat video that was sent to a few friends of the tree. You have Alex Murdaugh and the tree that's leaning over.
MR. WATERS: All right, and, again, this is when that video, at least the timestamp, was created?
PETER RUDOFSKI: That's correct. Based on previous testimony, yes.
MR. WATERS: All right. 7:41 to 7:48, what, if anything, is reflected on Alex's phone?
PETER RUDOFSKI: We show that 29 steps were traveled on his phone approximately between 7:41 and 7:48.
MR. WATERS: All right, and we just talked about the Snapchat video. Looking at this map, whose phone is this and explain those data points to the jury if you would, please? Or whose phone is this first, if you would, please?
PETER RUDOFSKI: So, this is going to be Paul Murdaugh's IPhone, and below it it's going to be his IPhone location data. So, this is not going be Verizon locations. This is going to be location data directly off of his phone.
MR. WATERS: So, this is GPS data that's more specific?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right, and we see a number of dots up here. What is this area up here generally sort of in the center of this image?
PETER RUDOFSKI: That's going to be the kennel area, and then there's that little house.
MR. WATERS: The cabin?
PETER RUDOFSKI: The cabin.
MR. WATERS: All right, and what time periods in that upper box do we see GPS data on Paul's phone up there at the kennel area?
PETER RUDOFSKI: We're seeing between 7:45 and 7:54 is location data for that area.
MR. WATERS: Is that 7:54 or 7:56?
PETER RUDOFSKI: 7:56, sorry.
MR. WATERS: And then we have two data points at the bottom. Is that -- where generally is that on the property?
PETER RUDOFSKI: That's going to be what previous testimony talked about, like a dove field. It's going to be past the main house closer to the Godley Farm Road side. And that's going to be a data point at 8:42 seconds and 8:44 seconds.
MR. WATERS: 8:00 p.m.?
PETER RUDOFSKI: That's correct, 8:00 p.m., June 7th.
MR. WATERS: And then down at the bottom of Page 10, is there any step data on Paul's phone?
PETER RUDOFSKI: There is. It shows approximately 89 steps traveled during --
MR. WATERS: What time periods?
PETER RUDOFSKI: 7:45 p.m. to 7:55.
MR. WATERS: Moving on to Page 11, we have a map. Tell the jury what -- whose phone that is and what that data point is, please.
PETER RUDOFSKI: This is going to be Maggie Murdaugh's phone. This is going to be Verizon location data, and what we see here is the tower, and then the arc of the tower. This is going to be in the Walterboro area. The time is 7:50:03 p.m.
MR. WATERS: All right, and moving now we're starting to see some references, and there's a little battery symbol there on the side. What does that represent?
PETER RUDOFSKI: So, that's going to represent battery life. So, right here this is going to be at 7:52:28. It's going to show Paul Murdaugh's IPhone battery at 7 percent.
MR. WATERS: And in your review generally of Paul's cell phone data, was it generally consistent for him to continue to use his phone even if he had a low battery life on it?
PETER RUDOFSKI: That's correct.
MR. WATERS: All right, and is that also consistent with the testimony from David Grubbs from yesterday --
PETER RUDOFSKI: From previous testimony, yes.
MR. WATERS: All right. Below that 7:55 time period, we have two entries. Can you explain those two entries to the jury, and how they relate to each other, if anything?
PETER RUDOFSKI: So, 7:55:44 to 8:05:28, we have Paul Murdaugh's IPhone showing approximately 262 steps traveled. And in a close timeframe from 7:55:32 to 8:05:07, we show Alex's IPhone traveling approximately 270 steps during that time period.
MR. WATERS: And then at 7:56, what is reflected as it relates to that Snapchat video?
PETER RUDOFSKI: This is when the Snapchat video referencing Alex Murdaugh would have been sent through Paul's Snapchat account to his friend's based on previous testimony.
MR. WATERS: And it was created, you already testified to this, but it was created when?
PETER RUDOFSKI: I believe 7:39:55.
MR. WATERS: And it was sent out to his friends when?
PETER RUDOFSKI: At 7:56 p.m.
MR. WATERS: Moving on to Page 12, at 7:57, does one of his friends respond?
PETER RUDOFSKI: Yes. He receives a Snapchat message from Brian Murdaugh --
MR. WATERS: Oops, sorry --
PETER RUDOFSKI: Stating: Damn, man, you need some straps oh it.
MR. WATERS: All right. Now we're moving into the 8:00 p.m. hour on June 7th of 2021. Is that correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. We have a map up here. First of all, in the right corner, whose phone is this?
PETER RUDOFSKI: This is going to be Paul Murdaugh's phone; this is going to be his IPhone location data.
MR. WATERS: And starting up at the -- it's sort the top center more to the right, where is that location generally?
PETER RUDOFSKI: That's going to be the little cabin on the property.
MR. WATERS: All right, and what is the data point -- what's the time on that data point up there?
PETER RUDOFSKI: I believe it says 8:06:20 p.m.
MR. WATERS: All right, and then we see the dots sort of moving down. In what direction are they generally moving?
PETER RUDOFSKI: That's moving towards the main house on the property.
MR. WATERS: All right, and then down at the bottom of the screen, at what time do we see that data point stop at the main residence?
PETER RUDOFSKI: 8:14.
MR. WATERS: What's the first data point, though?
PETER RUDOFSKI: 8:08:45 and then 8:14.
MR. WATERS: Paul is at the main residence at what time first?
PETER RUDOFSKI: 8:08:45 p.m.
MR. WATERS: All right, and just on page 13 we have some earlier data points. Is this map kind out of order just a little bit?
PETER RUDOFSKI: It is. This is just going to be earlier data points at 8:05:14 and 8:04:45 just showing some location data from his IPhone.
MR. WATERS: All right. So, that one should have gone before this one, the one at the bottom of page -- sorry, page 12 --
PETER RUDOFSKI: That's correct.
MR. WATERS: -- which reflects Paul, again, getting back to the main residence at what time?
PETER RUDOFSKI: 8:08:45 p.m.
MR. WATERS: Looking below again on page 13, do we see two entries for Paul and Alex's phone, and if so please explain to the jury what they are.
PETER RUDOFSKI: So, for Alex's phone we show between 8:05 and 8:09 that his phone approximately took 54 steps traveled during that time period. And then for Paul we show 8:05:46 to 8:15:24, we show approximately 303 steps traveled during that time period.
MR. WATERS: Moving on to page 14, do we see that same map again of Paul's phone reflecting him arriving at the residence at 8:08?
PETER RUDOFSKI: 8:08:45, correct.
MR. WATERS: And then still pinging there at what time at the bottom time?
PETER RUDOFSKI: 8:14 p.m.
MR. WATERS: Again at 8:07, what, if anything, do we see?
PETER RUDOFSKI: At 8:07:20, we see that Paul is sending Snapchats to a few friends. That's based off his Snapchat records.
MR. WATERS: All right. The next entry is in purple, and then there's kind of a line going from that. Explain what that purple reference -- that time period references, and then the line that travels down the side of your timeline, explain to the jury what that's going to represent generally to the various phones as we go forward.
PETER RUDOFSKI: As we go forward, any time you see purple, that's going to represent Maggie Murdaugh's phone, and for this incident it's going to represent on the left-hand side, the line going down. Any time you see a line next to something, that means whatever it says on the left. If it says device lock, it means the device was locked during those other time periods. So, this is going to show from 8:11:08 to 8:31:15 that Maggie's IPhone was locked. As we move down, you can see it continued to the next page. That means during those times that it was locked.
MR. WATERS: All right, and so we'll see multiple of those as you go forward just explaining time periods where various devices were locked or other things were going on.
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. Moving on to Page 15, we have a map. Explain to the jury whose phone this is and what it represents.
PETER RUDOFSKI: This is going to be for C.B. Rowe, and this is a overview map. You can Augusta and the North Augusta area. And it's showing the sector and the tower that it's pinging off of at 7:13:15, and then North August/Augusta area.
MR. WATERS: You say 7;13 or 8:13?
PETER RUDOFSKI: I'm sorry, 8:13:15.
MR. WATERS: All right. So, C.B. Rowe's phone is pinging over here, way over here in Augusta. Is that right?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. Moving to the next map, whose phone is this? If you could, tell whose phone is this and then what data points you see on this particular map.
PETER RUDOFSKI: So, this is going to be Paul Murdaugh's IPhone location data, so it's going to be separate from, like, Verizon's location data. And this is showing at the area of the main house bottom left, and the data starts at 8:14 and goes all the way to 8:35:07.
MR. WATERS: 8:35 Paul's phone is located where?
PETER RUDOFSKI: At the main house, 417 -- 4147 Moselle Road.
MR. WATERS: And down at the bottom of page 15, do we have any step reference for Paul?
PETER RUDOFSKI: We do. From 8:15:55 to 8:21:45 we're showing approximately 140 steps traveled.
MR. WATERS: Paul arrived back at the residence about 8:08, you testified. Is that correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: At 8714 -- 8:17 and 14 seconds, what, if anything, do you see on Maggie's phone?
PETER RUDOFSKI: So, it's highlighted purple in reference to Maggie. It's going to show that her phone ended a connection to the Mercedes Benz, which is the MBUX95224. It shows that it's unplugged.
MR. WATERS: And what does that mean? What does that reference mean as it relates to Maggie's phone and the Mercedes she was driving?
PETER RUDOFSKI: It means that she unplugged her phone --
MR. WATERS: From that vehicle?
PETER RUDOFSKI: -- from that vehicle.
MR. WATERS: And the data generally reflects that she's at the residence at that point?
PETER RUDOFSKI: That is correct.
MR. WATERS: Paul 8:08, Maggie 8:17.
PETER RUDOFSKI: That is correct.
MR. WATERS: Alex's last data point on his phone was 6:52, right?
PETER RUDOFSKI: That is correct, based on the Verizon records.
MR. WATERS: We have at 8:17:44 p.m., do we have a battery reference for Paul?
PETER RUDOFSKI: We do. It shows that his IPhone was at 4 percent battery life at that time.
MR. WATERS: And as we continue forward, do we see Paul continue to use his phone?
PETER RUDOFSKI: We do.
MR. WATERS: At 8:19 -- or, I'm sorry, 8:17 to 8:18, what, if anything, do we see on Maggie's phone?
PETER RUDOFSKI: We're showing approximately 38 steps taken during that timeframe.
MR. WATERS: All right, and that would be after her phone disconnects from the Mercedes?
PETER RUDOFSKI: That's correct.
MR. WATERS: At 8:19 p.m., what do we see on Paul's phone?
PETER RUDOFSKI: We see that he connects to a PRTC WiFi, and that receives a Snapchat message from Ansley Wilson stating: He got the magic touch. He also sends another outgoing text message or Snapchat message.
MR. WATERS: Now PRTC, his phone connects to PRTC. What is PRTC?
PETER RUDOFSKI: PRTC is going to be the local internet telephone provider for this area, so it's just showing a WiFi connection.
MR. WATERS: And was PRTC, to your knowledge, providing services to Moselle Road?
PETER RUDOFSKI: They were. They were providing services to the main house and then the cabin.
MR. WATERS: All right. Going below that, we have a series of communications. And whose communications are these going sort of back and forth, the series of communications?
PETER RUDOFSKI: This is going to be Paul Murdaugh's series of communications.
MR. WATERS: All right, and I'm not going to read each one, or have you read each one, but are these generally going back and forth with his friends?
PETER RUDOFSKI: That is correct.
MR. WATERS: And on this page, they start about what time and continue through about what time?
PETER RUDOFSKI: Start around 8:23 and go all of the way to 8:29.
MR. WATERS: Well --
PETER RUDOFSKI: Then we keep on going down, yeah, at about 8:30. So, about 8:23 to 830.
MR. WATERS: All right. At 830 to 8:33 p.m. what, if anything, do we see on Maggie's phone?
PETER RUDOFSKI: We're showing that her phone took approximately 42 steps traveled during that time period.
MR. WATERS: All right, and that starts at what time that Maggie's phone starts reflecting steps?
PETER RUDOFSKI: 8:30 p.m.
MR. WATERS: About 8:30. Going on to the next page, Page 17. Going back just real quick. On Page 16, generally that series of communications with Paul and his friends, was he generally responding fairly quickly to the communications back and forth?
PETER RUDOFSKI: He is. Either -- you know, there's Snapchat and Imessages. He's responding and using two applications very frequently.
MR. WATERS: At -- now we're at the top of Page 17 at 8:31 p.m. Describe to the jury generally what this data entry is.
PETER RUDOFSKI: So, this is going to be a group message from John Marvin Murdaugh. It's talking about how they're planning to go visit their dad tomorrow and asks if anyone else is going. Listed here, everyone that's in that group message.
MR. WATERS: And that's generally a number of family members?
PETER RUDOFSKI: That is correct.
MR. WATERS: And the dad they're referring to is who?
PETER RUDOFSKI: It's going to be Alex's dad.
MR. WATERS: Mr. Randolph?
PETER RUDOFSKI: That is correct.
MR. WATERS: And based on your knowledge and investigation, he had had a turn for the worst health-wise around this time?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right. Well, let's talk about that very quickly. That -- did the defendant receive -- or did his phone receive that text?
PETER RUDOFSKI: His phone and Maggie's phone both received the text message.
MR. WATERS: And did the defendant ever read that text, according to the phone at least?
PETER RUDOFSKI: According to the phone, it was not read until the following day, 6/8 of '21, at 1:44:49 p.m.
MR. WATERS: And that text came in at what time?
PETER RUDOFSKI: 8:31 on the dot.
MR. WATERS: And did Maggie read that text right away, at least according to the phone, her phone?
PETER RUDOFSKI: She did not.
MR. WATERS: All right. When did she -- her phone finally read that text?
PETER RUDOFSKI: Around 8:49:26.
MR. WATERS: What time?
PETER RUDOFSKI: 8:49:26 is when Maggie read that text.
MR. WATERS: 8:49?
PETER RUDOFSKI: 8:49.
MR. WATERS: At 8:31 what, if any, entry do we see?
PETER RUDOFSKI: So, at the 8:31:15, Maggie Murdaugh's phone unlocks and does orientation changes, and then at 8:31:18 to 8:49:26 we show that her phone was locked.
MR. WATERS: All right. At 8:31 there's an orientation change. Was her -- does the data reflect that her phone was unlocked at that period of time?
PETER RUDOFSKI: That is correct.
MR. WATERS: All right, and then what happens after that at 8:31 and 18 seconds?
PETER RUDOFSKI: Her device is locked until 8:49:26.
MR. WATERS: 8:49:26. Is that correct?
PETER RUDOFSKI: 8:49:26.
MR. WATERS: All right. At 8:32:25, we have an entry in green and then a line going down. Can you explain to the jury those time periods, and what, if any, significance they have?
PETER RUDOFSKI: So, green is going to reflect Paul Murdaugh. Any time you see green it's going to be Paul, and purple is going to be Maggie. That is reflecting that his IPhone moved approximately 283 steps during that time period. So on the left-hand side as we go down -- and you're going to see other data entry points -- you see the green next to it, that means that those steps are being traveled during those -- that timeframe.
MR. WATERS: All right, and now we have a map. Whose phone is that?
PETER RUDOFSKI: This is also going to be Paul Murdaugh's, and this is going to be his IPhone location data.
MR. WATERS: All right, and where is that IPhone location data located?
PETER RUDOFSKI: That is going to be at the kennel, the kennel area of the property.
MR. WATERS: All right, and tell me the time periods that he is at the kennels at this point in time.
PETER RUDOFSKI: At this point in time, he's at the kennels at 8:38:07 p.m., 8:44:53, 8:44:55, and 8:44:56.
MR. WATERS: What happens at 8:40 when Paul's phone is at the kennels?
PETER RUDOFSKI: Paul calls Rogan Gibson. It shows answered for 4 minutes and 14 seconds.
MR. WATERS: Starting at what time?
PETER RUDOFSKI: 8:40:20.
MR. WATERS: And if you have about a 4 minute call, what time does that end?
PETER RUDOFSKI: 8:44.
MR. WATERS: At 8:44:34, what, if anything, does Paul's phone indicate?
PETER RUDOFSKI: So, at 8:44:34 Paul Murdaugh initiates a FaceTime video call with Rogan Gibson. It shows answered, 11 seconds long. And that's based off of Paul and Rogan's information.
MR. WATERS: And then at 8:44:55, what does it reflect on Paul's phone?
PETER RUDOFSKI: This is when this video was extracted and created through Paul's phone, which shows Alex, Maggie -- well, you can hear Alex, Maggie, and Paul in the background.
MR. WATERS: That's the kennel video at 8:44.
PETER RUDOFSKI: That's the kennel video that's been in previous testimony, correct.
MR. WATERS: Below that at 8:47 and 8:48, does Paul continue to communicate with his phone?
PETER RUDOFSKI: He does. He uses the iMessage feature in his phone to send a couple of messages to Meagan Kimbrell. It looks like it's based off of movie recommendations.
MR. WATERS: Are those communications for 10 minutes or just for a couple of minutes or a minute or so?
PETER RUDOFSKI: A minute or so.
MR. WATERS: Going to the top of Page 19.
PETER RUDOFSKI: Uh-huh.
MR. WATERS: What time do we see there?
PETER RUDOFSKI: 8:48:29.
MR. WATERS: All right, and what is going on? What is Paul doing?
PETER RUDOFSKI: He's receiving a message from Meagan, and we have some backlight on data at 8:48:56.
MR. WATERS: All right, and the next entry, tell me the time periods for that entry.
PETER RUDOFSKI: 8:48:58 to 8:49:01.
MR. WATERS: All right, and what happens there?
PETER RUDOFSKI: Paul Murdaugh's phone is -- that's the last time that it was unlocked.
MR. WATERS: Ever?
PETER RUDOFSKI: Ever. 8:49:01.
MR. WATERS: And the next activity that we'll see on Paul's phone occurred when?
PETER RUDOFSKI: We have a backlight off from 8:49 to --
MR. WATERS: Going back to 8:48 to 8:49:01, you said that was when Paul's phone was unlocked?
PETER RUDOFSKI: That is correct.
MR. WATERS: And continue on with that data entry. What does it indicate? What's the next time ever that Paul's phone shows any activity?
PETER RUDOFSKI: 10:18. That's when --
MR. WATERS: And the 8:48 to 8:49 p.m.?
PETER RUDOFSKI: I'm sorry. Next activity notification is going to be the Rogan Gibson call at 9:58:35. That's the next time that any activity or notification shows up on his phone.
MR. WATERS: Looking at this entry with the green line on the right side, what are those time periods there, and what do they represent starting at 8:49:01?
PETER RUDOFSKI: Starting at 8:49:01 to 10:34:23, Paul's phone shows device locked.
MR. WATERS: And was it ever opened again until it died at 10:34:23?
PETER RUDOFSKI: It was not.
MR. WATERS: 8:49:01 is the last time before that that Paul had ever unlocked his phone.
PETER RUDOFSKI: That is correct.
MR. WATERS: Just a few seconds later, does Maggie's phone reflect any activity?
PETER RUDOFSKI: It does. 8:49:26, approximately 26 seconds later, her phone unlocks for a text message notification, and it implements an orientation change.
MR. WATERS: And was that that text message about Mr. Randolph that you earlier referred to?
PETER RUDOFSKI: That is correct, that group message. I believe it was in response to Lynn.
MR. WATERS: And at 8:49:31 here in red, what happens to Maggie's phone just seconds later?
PETER RUDOFSKI: Maggie Murdaugh's phone locks forever.
MR. WATERS: Forever until when?
PETER RUDOFSKI: Until it's recovered the next day at 1:10 p.m.
MR. WATERS: On June 8th.
PETER RUDOFSKI: On June 8th by law enforcement.
MR. WATERS: Do both Maggie and Paul's phone lock forever around 8:49?
PETER RUDOFSKI: They do.
MR. WATERS: At 8:49:35, does Paul's phone receive a text from anyone?
PETER RUDOFSKI: It does. It receives a text from Rogan Gibson.
MR. WATERS: And what does that text say?
PETER RUDOFSKI: See if you can get a good picture of it. Mary Anne -- Referring to his girlfriend -- -- wants to see -- wants to send it to a girl we know that's a vet. Tell him to sit and stay and he shouldn't move around too much. That shows on red.
MR. WATERS: Never read that.
PETER RUDOFSKI: Never read it.
MR. WATERS: According to the investigation, is that a conversation that Paul and Rogan were activity engaged in starting at 8:40?
PETER RUDOFSKI: That is correct.
MR. WATERS: The kennel video was at what time?
PETER RUDOFSKI: 8:44.
MR. WATERS: And did the defendant repeatedly deny that he was ever at those kennels with the victims just minutes before their phones go silent forever?
MR. BARBER: Objection.
JUDGE NEWMAN: Basis for the objection?
MR. BARBER: It's leading.
JUDGE NEWMAN: Don't lead the witness. Restate the question.
MR. WATERS: Did the defendant repeatedly deny ever being at the kennels during that time period?
PETER RUDOFSKI: Yes, he did, in various interviews with law enforcement.
MR. WATERS: And was that kennel video -- what time was that kennel video?
PETER RUDOFSKI: 8:44.
MR. WATERS: And what time did Paul and Maggie's phones go silent forever?
MR. BARBER: Objection, Your Honor. Asked and answered several times.
JUDGE NEWMAN: The objection is overruled.
PETER RUDOFSKI: 8:49 is when their phones went silent forever.
MR. WATERS: At 8:53, do we see any activity on Maggie's phone?
PETER RUDOFSKI: We do. At this time, as you can see to the right, her phone is locked, but we do see 59 steps were traveled over the period of 8:53 to 8:55.
MR. WATERS: And that just means the phone was moving, correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: Do you see some orientation changes as well?
PETER RUDOFSKI: We do. Between 8:53:08 and 8:55:32 we see various orientation changes, which with would indicate someone has the phone, based on previous testimony.
MR. WATERS: Moving on to Page 20. At the top we have 8:55, and we have a reference to a data point. Can you explain that to the jury, whose phone that is and just generally what that is based on information gathered during your investigation?
PETER RUDOFSKI: The 8:55:48?
MR. WATERS: 8:55:48, yes, sir.
PETER RUDOFSKI: That's just an internal application running in the background for Maggie Murdaugh's phone. It's just -- the IPhones will take a random Snapchat of what's going on in the phone, so that's just reflecting that there was some, you know, behind the scenes stuff happening on her phone. It's not saying that someone was actively using it.
MR. WATERS: Hold on for me just real quick.
(Break in proceedings.)
MR. WATERS: Right here at the bottom of Page 13, we have a reference to step data on Alex's phone.
PETER RUDOFSKI: That is correct.
MR. WATERS: And what are those time periods?
PETER RUDOFSKI: 8:05:35 to 8:09:52, it's showing 54 steps traveled.
MR. WATERS: All right. Turning to page 20, what suddenly happens to Alex's phone around 9:02?
PETER RUDOFSKI: It pretty much wakes up.
MR. WATERS: And what data point is reflected?
PETER RUDOFSKI: From 9:02:18 p.m. to 9:06:47, it shows 283 steps traveled.
MR. WATERS: And how long, how many minutes roughly?
PETER RUDOFSKI: 5 minutes, 5 or 6 minutes.
MR. WATERS: I'm going to show you what's been marked as Exhibit 521 to your testimony and see if you recognize that.
PETER RUDOFSKI: I do.
MR. WATERS: And tell me what that is, please.
PETER RUDOFSKI: This is going to be a Pace spreadsheet for Paul Murdaugh, Maggie Murdaugh, and Alex Murdaugh that I created.
MR. WATERS: All right, Your Honor, at this time I offer State's 521 into evidence.
MR. BARBER: No objection.
JUDGE NEWMAN: It's admitted.
(SPREADSHEET MARKED AS STATE'S NUMBER 521 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: Can I have the ELMO, please?
(Break in proceedings.)
MR. WATERS: All right, tell the jury real quick as we look at this exhibit just admitted, just generally we have at the top -- tell them quickly what this is and what these columns represent. Explain this chart, if you would.
PETER RUDOFSKI: The first column entry, that's just going to be from all of the various entries from the phone data. We have a start time, we have an end time, we have the time elapsed in between the estimated amount of steps, and then we have a steps permanent calculation, which is going to be the far right.
MR. WATERS: And the steps, those are the data entries in this, this timeline that's you've been testifying to as reflected from the phone data?
PETER RUDOFSKI: That is correct.
MR. WATERS: And then the last column is just a simple calculation of steps based on the time periods of those readings.
PETER RUDOFSKI: That is correct.
MR. WATERS: And the last step readings that we have on Paul's phone are from what time to what time?
PETER RUDOFSKI: The last step reading from Paul's phone is 8:32 to 8:42.
MR. WATERS: And we have one for Maggie as well. Is that correct?
PETER RUDOFSKI: We do. Her last timeframe is going to be 8:53 to 8:55.
MR. WATERS: And then down at the bottom, who do we have?
PETER RUDOFSKI: This is going to be Alex Murdaugh's Pace spreadsheet.
MR. WATERS: Let's talk about this a little bit. If you would, start with entry 21, and what time period is that? And this is Alex's phone, correct?
PETER RUDOFSKI: This is going to be Alex Murdaugh's phone.
MR. WATERS: All right. The time period?
PETER RUDOFSKI: 6:52 to 7:02.
MR. WATERS: How many steps?
PETER RUDOFSKI: Approximately 283.
MR. WATERS: And how many steps per minute based on the simple math calculation?
PETER RUDOFSKI: Estimated 29.34.
MR. WATERS: All right, 22. Time period, steps, and steps per minute.
PETER RUDOFSKI: 7:03 to 7:11, approximately 165 steps, estimated 19.20 steps per minute.
MR. WATERS: 24?
PETER RUDOFSKI: 24 is going to be 7:28 to 7:37, approximately 47 steps, and estimated 5.46 steps per minute.
MR. WATERS: 25?
PETER RUDOFSKI: 7:41 to 7:48, showing 29 -- approximately 29 steps, 3.97 steps her minute.
MR. WATERS: 26?
PETER RUDOFSKI: 26 is showing 7:55 to 8:05, 270 steps, approximately 28.2 steps per minute.
MR. WATERS: 28?
PETER RUDOFSKI: 28 is going to be the 8:05 to 8:09. It's showing approximately 74 steps, and it's 17.28 steps per minute.
MR. WATERS: And as you testified, that was the last entry on Alex's phone before we get to the 9:00 hour. Is that correct?
PETER RUDOFSKI: That's correct.
MR. WATERS: What time was the video again?
PETER RUDOFSKI: 8:44 p.m.
MR. WATERS: Let's talk about 27. What is the time period there?
PETER RUDOFSKI: Time period is going to be 9:02 to 9:06.
MR. WATERS: How many steps?
PETER RUDOFSKI: 283 steps, 70.75 steps per minute estimated.
MR. WATERS: He was a busy guy right then, wasn't he?
MR. BARBER: Objection.
JUDGE NEWMAN: The objection is sustained.
MR. WATERS: Was that -- what was the average steps per minute from 9:02 to 9:06?
PETER RUDOFSKI: 70.75.
MR. WATERS: Was that far in excess of any readings on his phone in those prior entries?
PETER RUDOFSKI: According to this table, yes.
MR. WATERS: Can I have the computer back again, please?
MR. WATERS: We have a map here on Paul's phone. Can you tell us very quickly what that represents?
PETER RUDOFSKI: This is going to be based off of Verizon records for Paul Murdaugh, and it's showing 9:03:22 and 9:03:30, just showing what cell towers it was pinging off of.
MR. WATERS: Again, is his phone still locked during this time?
PETER RUDOFSKI: That is correct. Paul and Maggie's phones are still locked at this time.
MR. WATERS: Bottom of page 20, we've got a pink box. What does that reflect?
PETER RUDOFSKI: That's from the FBI telemetry data just showing a system start up of the telemetry system.
MR. WATERS: On which vehicle?
PETER RUDOFSKI: It's going to be Alex Murdaugh's 2021 Suburban.
MR. WATERS: Is there a CDR reference to a Mary Anne Dempsey attempting to call Paul?
PETER RUDOFSKI: There is.
MR. WATERS: And Mary Anne Dempsey, again, is who?
PETER RUDOFSKI: Rogan Gibson's girlfriend at the time.
MR. WATERS: We have two entries after that. Can you explain those entries to the jury, and tell the jury what those are, please?
PETER RUDOFSKI: So, at 9:03:52 to 9:04:23, Maggie Murdaugh's IPhone backlight is on. At 9:04:23, Alex Murdaugh calls Maggie Murdaugh; it shows 18 seconds in his CDRs. This does not show on that Dylan Hightower first extraction or the second extraction. And it also shows missed on Maggie's phone extraction.
MR. WATERS: That one is missing from Alex's phone, correct?
PETER RUDOFSKI: That is correct. From the call log, it is missing.
MR. WATERS: At 9:05:15, is there any activity on Alex's phone?
PETER RUDOFSKI: It shows that Alex Murdaugh calls Randolph Murdaugh, 18 seconds. It does not show on the Dylan Hightower or the second extraction, just on the CDRs.
MR. WATERS: We have a pinkish box. What does that represent?
PETER RUDOFSKI: The pinkish is going to represent that system start up for the telemetry data for the '21 Suburban.
MR. WATERS: At 9:06:12, what happens?
PETER RUDOFSKI: Between 9:06:12 and 9:06:20, Maggie Murdaugh's phone implements orient change -- orientation change from portrait to orientation sideways.
MR. WATERS: That starts at 9:06:12?
PETER RUDOFSKI: Yeah, and it goes to 9:06:20.
MR. WATERS: Orientation starts to change. What happens 2 seconds after that orientation starts to change?
PETER RUDOFSKI: At 9:06:14 -- so that's 2 seconds afterwards -- the phone receives an incoming call from Alex.
MR. WATERS: And is that call on the call log when Dylan Hightower downloaded the defendant's phone?
PETER RUDOFSKI: It is not.
MR. WATERS: 9:06:14 and 9:06:15, are those referencing that missed call from -- that showed up on Maggie's phone?
PETER RUDOFSKI: That is correct.
MR. WATERS: And 9:06:20, we're still seeing an orientation change?
PETER RUDOFSKI: Yep. That's when the orientation ended.
MR. WATERS: Moving down to the box of page 21, we have a blue -- bluish/green box. Tell the jury what that is.
PETER RUDOFSKI: So, according to the FBI telemetry data, the blue is going to indicate a shift in the transmission, and then green is going to show driving.
MR. WATERS: The Suburban is under way?
PETER RUDOFSKI: That is correct, according to the telemetry data.
MR. WATERS: At the bottom of page 21, is there another call from Alex Murdaugh's phone to Maggie's phone?
PETER RUDOFSKI: There is. At 9:06:52, Alex calls Maggie; it shows 7 seconds long, and that's based off his CDR since this was deleted off the call history.
MR. WATERS: It wasn't on Alex's extraction, correct?
PETER RUDOFSKI: It was not.
MR. WATERS: Two missed calls?
PETER RUDOFSKI: Two missed calls.
MR. WATERS: Moving to page 22 at the top, what, if anything, does Alex Murdaugh's phone show in relationship to the Suburban?
PETER RUDOFSKI: So, it's just showing that, you know, the device connected to the car. When you get in your car it will -- your phone will pair. It's just showing the device connection to IPhone.
MR. WATERS: And then the next entry, there's a time range there. Explain that time range to the jury and what that means.
PETER RUDOFSKI: So, starting at 9:07 and going to 9:44 --
MR. WATERS: 9 what?
PETER RUDOFSKI: I'm sorry, 9:31:44, her backlight is off.
MR. WATERS: Her backlight is off.
PETER RUDOFSKI: Uh-huh.
MR. WATERS: That entire time period.
PETER RUDOFSKI: That entire time period. It was on but now it -- from this time period, from 9:07 to 9:31, it's going to show off.
MR. WATERS: Going to this map, is that some of the CAST data that you did that you've testified to the jury?
PETER RUDOFSKI: It is. This is a previous slide that we have up. It's showing at 9:07:06, the Suburban is leaving 4147 Moselle Road.
MR. WATERS: Two calls from Maggie. Does the Suburban just take a quick right and go down this road right there to the kennels, or does it just continue straight on?
PETER RUDOFSKI: It just continues straight on.
MR. WATERS: Doesn't stop by the kennels for a second, does it?
MR. BARBER: Objection. Leading.
MR. WATERS: Does it stop by the kennels?
PETER RUDOFSKI: His vehicle does not stop by the kennels.
MR. WATERS: Keeps right on going.
PETER RUDOFSKI: Keep going to Moselle Road and makes a right.
MR. WATERS: Going down to the bottom of page 22.
PETER RUDOFSKI: It's just another data point that's showing the approximate location of Maggie Murdaugh's phone, where it was located, and at -- it's 9:08:36, it's showing 42 miles an hour on Moselle Road, and it referenced -- we're coming up to Godley Farm Road on Moselle Road. This is at 9:08:36.
MR. WATERS: And then we have -- below that we have a reference to a data point that you previously showed to the jury at 9:08:42?
PETER RUDOFSKI: Yep. It's going to be on the next page.
MR. WATERS: All right.
PETER RUDOFSKI: It's going to be at 9:08:42. It's showing the approximate miles per hour 45 in reference to where the phone was found the next day.
MR. WATERS: And what's the speed on the defendant's vehicle at that point?
PETER RUDOFSKI: 45 miles an hour.
MR. WATERS: And is Maggie's backlight off during this time period, this entire time period?
PETER RUDOFSKI: Her phone is locked and the backlight is off.
MR. WATERS: At 9:08:58, what are we seeing?
PETER RUDOFSKI: Alex Murdaugh sends a iMessage to Maggie stating: Going to check on M, be right back. This shows unread in Maggie's phone.
MR. WATERS: Moving on, does Alex's phone reflect a series of calls being made?
PETER RUDOFSKI: It does.
MR. WATERS: Tell me about the first one.
PETER RUDOFSKI: The first one is going to be at 9:10:47. Alex calls Buster; it shows 60 seconds long. That's based off CDR since it's not in his phone extractions.
MR. WATERS: And that's, again, also missing from that entire series of events around the time of the murders that was not on Alex's extraction when it was downloaded.
PETER RUDOFSKI: That's correct. It's not on the call log.
MR. HARPOOTLIAN: Objection. Leading.
MR. WATERS: I'll move on, Your Honor.
JUDGE NEWMAN: It's been asked and answered.
MR. WATERS: At 9:12:14, what, if any, activity is reflected on the defendant's phone?
PETER RUDOFSKI: Alex Murdaugh calls Chris Wilson. It shows 42 seconds long. That's based on his CDR because it's not in any of his phone extractions.
MR. WATERS: That includes connection time as well?
PETER RUDOFSKI: It does.
MR. WATERS: Moving on to Page 24, we have a map. Tell the jury quickly what this map reflects.
PETER RUDOFSKI: This is going to be Alex Murdaugh location map from Verizon. It's going to show at 9:12:14 what tower, what sector it's pinging off of, and then at 9:18:46 what tower it's pinging off of. The red dot is going to be Moselle; the green one is going to be the Almeda property.
MR. WATERS: Moving on to the next map, is that similar information of the defendant's trip from Moselle to Almeda?
PETER RUDOFSKI: It's similar. It's just going to show the coverage areas for each tower.
MR. WATERS: And then on page 26, what does this map reflect?
PETER RUDOFSKI: It's going to be Verizon records for C.B. Rowe. The far right, the little red dot is going to be Moselle; blue dot is going to be C.B. Rowe's home in Brunson. This is just showing the cell tower data at the timeframe of 9:14, 9:20, and 9:21.
MR. WATERS: And?
PETER RUDOFSKI: And 11:37 p.m. This is close to Fairfax, just for reference.
MR. WATERS: And he's pinging in the arc near his home over here in Fairfax. Is that right?
PETER RUDOFSKI: That is correct. The --
MR. WATERS: Where is Moselle?
PETER RUDOFSKI: Moselle is going to be the red dot to the right.
MR. WATERS: At 9:18:46, what, if any, activity is reflected on the defendant's phone?
PETER RUDOFSKI: At 9:18:46, Alex Murdaugh calls John Marvin Murdaugh. It shows 106 seconds. And that's from his CDR since it's not on either phone extraction call log.
MR. WATERS: All right. We're on page 26 now. Tell the jury quickly what this map reflects.
PETER RUDOFSKI: It's also going to be Verizon records from Alex Murdaugh's phone plotted. It's showing starting at 6:20:34 all of the way to 9:36:45. It's showing from the cell tower in the sector of Almeda.
MR. WATERS: You said 6:24 or 9:20?
PETER RUDOFSKI: I'm sorry, 9:20:34.
MR. WATERS: So, roughly a 20 minute period at Almeda?
PETER RUDOFSKI: Roughly 20 minutes, correct.
MR. WATERS: Moving over to page 27, what is this map?
PETER RUDOFSKI: This is just going to be a zoomed in picture from the previous one, just showing the same timeframe, just showing a little bit more zoomed in from the cell tower in proximity to Almeda.
MR. WATERS: At 9:20:34, what, if anything, happens on the defendant's phone?
PETER RUDOFSKI: At this time Chris Wilson calls Alex at 9:20:34. It shows for 131 seconds, and we got this data from his CDR since it does not show on his -- either one of his extractions. And during that time Claude C.B. Rowe, at 9:21:36, calls but Alex does not answer it.
MR. WATERS: And, again, his phone was pinging back at his house in Fairfax at that time period, correct?
PETER RUDOFSKI: That is correct.
MR. WATERS: We see the blue and green box. Tell the jury what's happening with Alex's Suburban at this point.
PETER RUDOFSKI: So at 2122, which that's military time -- that's going to be 9:22 -- green is going to show vehicle movement, and blue is going to show transmission shifting.
MR. WATERS: And is that consistent with the OnStar data at 9:22:49 of him arriving at Almeda?
PETER RUDOFSKI: It is.
MR. WATERS: And on page 28, is that that data point that you just referenced?
PETER RUDOFSKI: That is correct, 9:22:39.
MR. WATERS: Starting about 9:22, does Alex's phone reflect any step activity?
PETER RUDOFSKI: It does. 9:22:39 to 9:32:14, showing approximately 195 steps taken on his phone.
MR. WATERS: At 9:24:13, what, if anything, does the defendant phones reflect?
PETER RUDOFSKI: He calls Libby Murdaugh, which would be his mom. It shows 20 seconds long. That's from his CDR; it's not on either phone extraction.
MR. WATERS: And that would be the line up to -- landline at Almeda?
PETER RUDOFSKI: That's correct.
MR. WATERS: After that, is there another missed call from Rogan to Paul?
PETER RUDOFSKI: There is, at 9:26:06 p.m.
MR. WATERS: And then at 9:31:44, is that the first backlight activity on Maggie's phone since that time period you testified earlier about 9:07?
PETER RUDOFSKI: That is correct.
MR. WATERS: At 9:34 around that same time, is there any communication on Maggie's phone around the time of that backlight activity?
PETER RUDOFSKI: There is. At 9:34:14, Rogan Gibson sends an iMessage to Maggie Murdaugh saying: Tell me to -- tell Paul to call me. And that shows unread.
MR. WATERS: Never read?
PETER RUDOFSKI: Never read.
MR. WATERS: Do we also have backlight activity associated with a missed call to Maggie's phone.
PETER RUDOFSKI: We do, at 9:34:20.
MR. WATERS: Up here at 9:34 to 9:36:20, it says Maggie -- Maggie Murdaugh's IPhone backlight. Is that backlight off?
PETER RUDOFSKI: That's going to be backlight off.
MR. WATERS: Just the off is missing from the words?
PETER RUDOFSKI: That is correct.
MR. WATERS: 9:35 to 9:45:10, a 10 minute period, is there any activity on Alex's phone?
PETER RUDOFSKI: It's showing approximately 60 steps taken on his phone during that timeframe. And also as you see on the right- hand side, Paul and Maggie's phones are locked. It's referenced with the lines in the color coordination on the right side.
MR. WATERS: And those lines have been continuing through the past few pages?
PETER RUDOFSKI: They've been continuing, correct.
MR. WATERS: We have some orange and purple boxes. Quickly tell the jury what those are.
PETER RUDOFSKI: So, the orange color is going to be that system startup from previous testimony from Falkofske, and the pink is going to be engine running propulsion.
MR. WATERS: Is there another missed call from Rogan to Paul?
PETER RUDOFSKI: There is. At 9:42:17 there's a missed call. And then we have Alex's Suburban showing device connection at 9:42:49, which is consistent with the data.
MR. WATERS: The Suburban is leaving Almeda around this time?
PETER RUDOFSKI: That is correct, 9:43:18. We show it starting at 2 miles per hour.
MR. WATERS: Do we some additional telemetry consistent with him leaving?
PETER RUDOFSKI: We do.
MR. WATERS: Is there any activity on Maggie's phone at this point?
PETER RUDOFSKI: So, at 9:44:04 to 9:45:04, it shows that her backlight was off.
MR. WATERS: And is there a missed call associated with that backlight activity, or around the same time?
PETER RUDOFSKI: Yes. Maggie Murdaugh received a call from -- it's going to show as PA in the phone extraction, which is Alex's number, and it shows missed.
MR. WATERS: And was that call missing from Alex's phone extraction?
PETER RUDOFSKI: It was. It was missing from both phone extractions.
MR. WATERS: Going down to 9:46:35, what, if any, activity do you see?
PETER RUDOFSKI: It shows that Alex Murdaugh called Paul Murdaugh. It shows 18 seconds long. That's with the connection time, and that is based off of Alex's CDR. It does not show in either extractions.
MR. WATERS: 9:47:23, what do we see, if anything?
PETER RUDOFSKI: Alex sends an iMessage to Maggie, stating: Call me, babe. And that shows unread in Maggie Murdaugh's extraction.
MR. WATERS: Do we see some backlight activity around the time of that text message, that unread text message?
PETER RUDOFSKI: We do, a couple of seconds.
MR. WATERS: We have a map here. Generally what does this reflect?
PETER RUDOFSKI: We do. This is going to reflect the coverage area of the cell tower between Moselle and Almeda.
MR. WATERS: And this is whose phone?
PETER RUDOFSKI: This is going to be Alex Murdaugh's phone. This is going to be his Verizon records, not location data for the phone.
MR. WATERS: Moving towards the direction of Moselle?
PETER RUDOFSKI: That is correct.
MR. WATERS: Additional maps consistent with that as testified to by Matt Wilde?
PETER RUDOFSKI: That's correct, just showing coverage area.
MR. WATERS: At 9:52:15, what, if any, activity is on Alex's phone?
PETER RUDOFSKI: So, at 9:52:15 Alex Murdaugh send an iMessage to Chris Wilson saying: Call me if up.
MR. WATERS: Is this around the time when he's running 80 miles an hour?
PETER RUDOFSKI: That's correct. 9:51:43 is when we have the 80.16 mile per hour.
MR. WATERS: Moving over to the next page, is there any further activity?
PETER RUDOFSKI: Alex ends up receiving a call from Chris Wilson at 9:52:59; it shows 42 seconds long with connection. That is also not on either extraction. And at 9:53:55 he receives another call from Chris Wilson. It shows 123 seconds, and that is on his CDRs but not on either phone extractions.
MR. WATERS: And then from -- at about 9:56:57, what, if any, activity do you see on Alex's phone?
PETER RUDOFSKI: So, from 9:56:57 to 10:06:57, it shows that Alex Murdaugh traveled 231 -- approximately 231 steps traveled during that time.
MR. WATERS: Starting at what time?
PETER RUDOFSKI: 9:56:57 to 10:06:57.
MR. WATERS: And remind the jury what time the 911 call was.
PETER RUDOFSKI: It was 10:06:14.
MR. WATERS: At 9:57 and 9:58, what activity is reflected on Paul's records?
PETER RUDOFSKI: So, Rogan Gibson calls Paul Murdaugh. It shows 4 seconds, and that's based off CDRs. And then at 9:58:35, Rogan sends a text message to Paul stating: Yo.
MR. WATERS: And that hits Paul's phone?
PETER RUDOFSKI: That's correct.
MR. WATERS: It was never read.
PETER RUDOFSKI: It shows unread from his phone extraction.
MR. WATERS: We have a bunch of green and blue boxes. Is this more telemetry data from the Suburban?
PETER RUDOFSKI: This is. The green is going to represent drives, and blue is going to represent some type of gear shifting with the vehicle.
MR. WATERS: But the GM OnStar data reflects what about 10 on the dot?
PETER RUDOFSKI: It reflects him pulling into the driveway at 4147 Moselle Road, the main entrance.
MR. WATERS: And where did the Suburban go first?
PETER RUDOFSKI: The Suburban went directly to the house, bottom left.
MR. WATERS: It doesn't go to the kennels first. It went to the house first.
PETER RUDOFSKI: That is correct.
MR. WATERS: And what time does it arrive at the house, or what time right there in that map? That's, what, the map at the top?
PETER RUDOFSKI: That's what time that it pulls into the driveway.
MR. WATERS: All right. Sorry. One second.
(Break in proceedings.)
MR. WATERS: At 10:03:36 p.m., there's two entries around that time. Can you tell the jury what, if any, activity you see as it relates to Maggie's phone?
PETER RUDOFSKI: So, Alex Murdaugh calls Maggie Murdaugh's phone at 10:03:58, and the backlight is on associated with that.
MR. WATERS: And then starting about 10:04:08, what don't we see for a time period?
PETER RUDOFSKI: So, from 10:04:08 to 10:46:40, there's a gap in activity. Don't see any activity on Maggie's phone at all through the KnowledgeC database.
MR. WATERS: At 10:05:06, what, if anything, does the data reflect?
PETER RUDOFSKI: It reflects Alex's Suburban leaving the main house based on the GM data.
MR. WATERS: Going over to page 35, is this one of your CAST maps?
PETER RUDOFSKI: Yes, it is. It's 10:05:06, and it's showing the time the Suburban starts to leave down to the kennels.
MR. WATERS: Going to the next map, what time is that?
PETER RUDOFSKI: The next map is going to be 10:05:57, and that's the arrival time at the kennels.
MR. WATERS: According to that GPS location data.
PETER RUDOFSKI: Yes, sir, from GM and OnStar.
MR. WATERS: What's that time again?
PETER RUDOFSKI: It's going to be 10:05:57.
MR. WATERS: Down at the bottom of the page, what time is the 911 call?
PETER RUDOFSKI: 10:06:14.
MR. WATERS: How many seconds of that from the time that the Suburban arrives at the kennels and he calls 911?
PETER RUDOFSKI: Roughly 20 seconds.
MR. WATERS: 20 seconds?
PETER RUDOFSKI: That's correct.
MR. WATERS: Do you recall the defendant's statements to law enforcement shortly after the crime that he went over and checked the bodies and that sort of thing?
PETER RUDOFSKI: I do.
MR. BARBER: Objection. Leading.
JUDGE NEWMAN: Don't lead the witness.
MR. WATERS: What, if anything, in his statements to law enforcement did the defendant say about what he did when he arrived at the scene?
PETER RUDOFSKI: The defendant stated that he went and checked on Paul and Maggie and checked the bodies.
MR. WATERS: From the moment the Suburban arrived at the kennels, how long did it take for that 911 call to be made?
PETER RUDOFSKI: Less than 20 seconds.
MR. WATERS: And another call from Rogan to Paul that would never be answered?
PETER RUDOFSKI: That's correct, 10:08:27, never answered.
MR. WATERS: At 10:11:54 what happens?
PETER RUDOFSKI: This is when Alex Murdaugh was on the 911 call. Stated he was going to go get a gun. This was at 10:11:54. This is when the Suburban is shown leaving the kennels.
MR. WATERS: And down at the bottom of page 36, we see another map. What does that reflect?
PETER RUDOFSKI: That's going to be 10:13:54, and on the next page it's going to show the map. That's when his Suburban left the main house going back to the kennels.
MR. WATERS: And what time does the location data reflect that the Suburban arrived back at the kennels?
PETER RUDOFSKI: 10:14:30 is when it's going to reflect driving back to the kennels, or approximately. This is when he's coming into the view of the kennels.
MR. WATERS: And then what time does the 911 call end?
PETER RUDOFSKI: So, the 911 call is going to end at 10:17. And then the step data is what the 10:16:37 p.m. is referring to. That's going to be when his step data ended. I believe it was 594 steps taken.
MR. WATERS: After the 911 call, does the defendant's phone reflect any activity?
PETER RUDOFSKI: It does. It shows him calling Randy Murdaugh. It shows 16 seconds long connectively time, and that's off of CDRs. It was not found on either extraction. Then also we have a 10:18 where he's sending a text message to Randy saying: Please call me, emergency.
MR. WATERS: Is there step activity around this time on Alex's phone?
PETER RUDOFSKI: There is. 10:18:53 to 10:28:05, we're showing approximately 525 steps taken during that timeframe.
MR. WATERS: And does Paul's backlight come on again at 10:18?
PETER RUDOFSKI: If does. 10:08 to 10:18:20 we're showing backlight.
MR. WATERS: Was that after the 911 call had ended?
PETER RUDOFSKI: No. I'm sorry, yes. Yes, it was.
MR. WATERS: Yes, it was?
PETER RUDOFSKI: Yes, it was. So, 10:17 is when the 911 call ended. This would have been at 10:18:08. This would have been right after.
MR. WATERS: And last text that hits Paul phone was from whom?
PETER RUDOFSKI: Rogan Gibson. I believe it said: Yo.
MR. WATERS: Is Paul's phone still hitting, of course, at the kennel location?
PETER RUDOFSKI: That is correct. This is going to be off his IPhone location data.
MR. WATERS: And where was Paul's phone found again, according to your knowledge of the investigation?
PETER RUDOFSKI: It was found on Paul's rear end facing up.
MR. WATERS: Top of page 49, we have a map. And what does that reflect?
PETER RUDOFSKI: This is going to reflect Verizon records from Alex Murdaugh starting at 10:19 all the way to 11:18, and it's just showing the sector it was pinging off of, and that's in the area of Moselle Road.
MR. WATERS: All right, and we have a range of times there from the 10ish hour to the 11ish hour p.m. of Alex's phone being there?
PETER RUDOFSKI: That is correct.
MR. WATERS: Does Alex's phone reflect a couple of calls that were not on his extraction but in the CDR?
PETER RUDOFSKI: It does.
MR. WATERS: To what people?
PETER RUDOFSKI: It's going to be to Randy Murdaugh, John Marvin, and then Rogan Gibson, and then Christy.
MR. WATERS: At 10:20:08, what activity does Paul's phone reflect?
PETER RUDOFSKI: So, Paul's phone shows a display on screen auto lock. It's been locked. It's just documenting auto lock.
MR. WATERS: Display on, auto lock?
PETER RUDOFSKI: Uh-huh.
MR. WATERS: And that auto lock can be consistent with what, according your understanding?
PETER RUDOFSKI: According to my understanding is that auto lock could be -- it doesn't recognize, like, a face, so it automatically locks, or it could be just hitting, like, on an IPhone, the power button on the side.
MR. WATERS: And what was the last text that hits Paul's phone again? Who was it from?
PETER RUDOFSKI: Rogan Gibson.
MR. WATERS: And what does the defendant do just seconds later?
PETER RUDOFSKI: Calls Rogan Gibson.
MR. WATERS: Was that on the Dylan Hightower extraction?
PETER RUDOFSKI: It was not on the Dylan Hightower extraction or the second one.
MR. WATERS: You mentioned before that there was a group text about Mr. Randolph's health and the -- when did the defendant finally read that text?
PETER RUDOFSKI: The following day, so that would be June 8, 2021.
MR. WATERS: At 10:22:09, was there a text that the defendant read?
PETER RUDOFSKI: There was. 10:22:09 he received a group text message from Michael Gunn and a few group of people saying: She brought the heat from Miami, boys. And it was read the same night at 10:48:42 p.m., and an associated picture is below.
MR. WATERS: 10:24 and the 10:25 hours, what, if anything, does the defendant's phone reflect?
PETER RUDOFSKI: Alex tries to call Rogan, and then he sends a iMessage stating: Call me. And then he attempts to do a FaceTime. And this is going to be the first -- the first log that we see on his phone records is going to be this FaceTime call with Rogan on his extraction for the day of June 7, 2021.
MR. WATERS: Multiple attempts to contact Rogan.
PETER RUDOFSKI: That is correct.
MR. WATERS: And what time does law enforcement arrive on the scene?
PETER RUDOFSKI: Approximately 10:25 is when the first deputy arrived on scene.
MR. WATERS: 10:25?
PETER RUDOFSKI: That is correct.
MR. WATERS: We see step activity around this time on Alex's phone?
PETER RUDOFSKI: We do. So, we have group of step activity end at 10:28:54, and then we had a new group start at 10:28:54 that goes to 10:37:27. It showing 320 steps traveled approximately.
MR. WATERS: And does the defendant's phone reflect any phone activity after that?
PETER RUDOFSKI: It reflects at 10:29:17 a call to Randy. It shows answered, 42 seconds long. That's also not on the extraction, and then a FaceTime with Rogan at 10:30:31 that does show on the extraction.
MR. WATERS: And that was an attempted FaceTime?
PETER RUDOFSKI: That's correct. I believe the previous testimony, Rogan said he was asleep during the time.
MR. WATERS: Moving onto page 41.
PETER RUDOFSKI: This is going to be a Paul Murdaugh Verizon records. This is just going to show the cell -- the tower, and then just the location, and you can see Moselle Road within it. It's a 10:34 time period.
MR. WATERS: Is there a display on activity on Paul's phone, but also in a phone call from Nolen Tuten around that time?
PETER RUDOFSKI: That is correct. Around 10:34 it's showing a display on, and then a Nolen Tuten phone call.
MR. WATERS: And then finally what time does Paul's phone finally die?
PETER RUDOFSKI: Paul's phone finally dies at 10:34:24 p.m. on June 7, 2021.
MR. WATERS: Almost 2 hours after the kennel video.
PETER RUDOFSKI: That is correct.
MR. WATERS: And Maggie's phone stays locked until when?
PETER RUDOFSKI: The following day, June 8th, around 1:10 p.m. when the investigators find it.
MR. WATERS: When the investigators find it?
PETER RUDOFSKI: That is correct.
MR. WATERS: Could I have the ELMO, please?
(Break in proceedings.)
MR. WATERS: I'm going to show you a couple of exhibits. We're almost done. I know everybody is hungry. I show you what's been marked as 523 to this trial, State's 523. Do you recognize that?
PETER RUDOFSKI: I do.
MR. WATERS: And tell the jury just where that's from, please.
PETER RUDOFSKI: This is going to be a text message I retrieved from one of the Cellebrite extraction reports. This will be from Paul to Alex.
MR. WATERS: Your Honor, at this time I would offer State's 523 into evidence.
MR. BARBER: Your Honor, we would renew the previous objections, but have no additional objections, 404/403.
JUDGE NEWMAN: May I see the exhibit?
MR. WATERS: Yes, sir, Your Honor. May I approach?
JUDGE NEWMAN: Yes, sir.
(Break in proceedings.)
JUDGE NEWMAN: It's admitted over objection.
MR. WATERS: Yes, sir, Your Honor.
(TEXT MESSAGE MARKED AS STATE'S EXHIBIT NUMBER 523 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: I'm going to show 523, and this is a text from which person to which person?
PETER RUDOFSKI: So, this is going to be from Paul Murdaugh, and it's going to be to -- it says voicemail. That's going to refer to Alex because this is obtained from his phone; it's going to be the owner. So, that's going to be Paul to Alex.
MR. WATERS: And what's the date?
PETER RUDOFSKI: The date is going to be May 6, 2021, at 10:52:13 a.m.
MR. WATERS: And what does it say?
PETER RUDOFSKI: It says: I am still in EB because when you get here, we need to talk. Mom found several bags of pills in your computer bag. This is, again, from Paul to Alex on May 6th.
MR. WATERS: I'm showing you what's been marked as State's 553. See if you recognize this exhibit.
PETER RUDOFSKI: Okay. I do.
MR. WATERS: Tell me what that is.
PETER RUDOFSKI: This is going to be some searched items that I obtained from Maggie Murdaugh's extraction report.
MR. WATERS: All right.
MR. WATERS: Your Honor, at this time I would offer State's 553, I believe, without additional objection.
MR. BARBER: No additional objection.
JUDGE NEWMAN: Admitted.
(EXTRACTION DOCUMENTS MARKED AS STATE'S EXHIBIT NUMBER 553 WERE RECEIVED INTO EVIDENCE.)
MR. WATERS: And tell the jury what this exhibit is, please.
PETER RUDOFSKI: So, this is going to be Google searches. The far left you're going to have a timestamp, the source, which is going to be Safari -- that's for Apple -- and then the value is going to be the searched item. And on May 26, 2021, at 11:21 p.m., Maggie searched green gel pill P30. She also searched at 11:20 p.m. a green -- green gel pill P30, white pill 30 on one side, RP. And if you look to the right, you're going to see a column that says deleted. That one is showing that, yes, it is been deleted. And then if you go down to row number 4, it's going to be May 6, 2021 from Safari, white pill 30 on one side, RP, and that's also shown deleted.
MR. WATERS: Court's indulgence one moment, please.
(Break in proceedings.)
PETER RUDOFSKI: Could you slide it down just a little bit? I just want to make sure there's not another entry.
MR. WATERS: Yeah. Yep, sorry.
PETER RUDOFSKI: Okay.
(Break in proceedings.)
MR. WATERS: I've just got a couple of more. I'm going to show you what's been marked as State's 556 and see if you recognize this exhibit.
PETER RUDOFSKI: I do.
MR. WATERS: And tell just generally, what is this?
PETER RUDOFSKI: This is going to be a text message thread between Alex Murdaugh and Russell Laffitte.
MR. WATERS: And at the time, where did Russell Laffitte work again, to your understanding?
PETER RUDOFSKI: Palmetto State Bank.
MR. WATERS: And, Your Honor, at this time I would offer State's 556, I believe without additional objection.
MR. BARBER: No additional objection beyond the 403 and 404 objections previously made.
JUDGE NEWMAN: Let me see it.
MR. WATERS: May I approach, Your Honor?
JUDGE NEWMAN: Admitted over objection.
(TEXT MESSAGE THREAD MARKED AS STATE'S EXHIBIT NUMBER 556 WAS RECEIVED INTO EVIDENCE.)
(Break in proceedings.)
MR. WATERS: All right, I'm going to put State's 556 up on the screen. And, again, tell the people on this text and the time and what it says.
PETER RUDOFSKI: So, this is going to be a text from voicemail, which is going to be Alex Murdaugh's phone to Russell Laffitte. It was sent on June 3, 2021, at 3:22 p.m. This is from Alex stating: I need to extend farm credit line another $600,000. My dad will sign also if needed. How much turnaround will that take? And, again, that's from Alex to Russell Laffitte on June 3, 2021.
MR. WATERS: I show you two final exhibits, States's 554 and 555. And do you recognize those?
PETER RUDOFSKI: I do.
MR. WATERS: And where were those found?
PETER RUDOFSKI: These from found from Maggie Murdaugh's IPhone extraction.
MR. WATERS: Your Honor, at this time I would offer 554 and 555 into evidence, I believe without objection.
MR. BARBER: No objection.
JUDGE NEWMAN: They're admitted.
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 554 WAS RECEIVED INTO EVIDENCE.)
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 555 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: State's 554, who is that?
PETER RUDOFSKI: It's going to be Maggie Murdaugh and her sister.
MR. WATERS: State's 555, who is that?
PETER RUDOFSKI: It's going to be Buster Murdaugh, Maggie Murdaugh, and Paul Murdaugh.
MR. WATERS: Special Agent, please answer any questions that the defense may have.
JUDGE NEWMAN: Ladies and gentlemen, we'll break for lunch now for an hour and 15 minutes. Please do not discuss the case.
(The jury left the courtroom.)
JUDGE NEWMAN: Please do not discuss your testimony during lunch. And we'll be in recess.
(A lunch break was taken.)
JUDGE NEWMAN: You may bring the jury. Bring the jury, please.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: All right, thank you. Welcome back. Cross-examination, Mr. Barber.
MR. BARBER: Please the Court?
JUDGE NEWMAN: Yes, sir.
CROSS-EXAMINATION
BY MR. BARBER:
MR. BARBER: Good afternoon, Agent Rudofski. Did I say that right?
PETER RUDOFSKI: Good afternoon. Yep, sounds good to me.
MR. BARBER: Let's start first with the GM data that recently came in. I think that may have made things a little more clear. We don't really need to look at a lot of those cell phone plots, tower plots now that we have the exact position of the car, do we?
PETER RUDOFSKI: I agree, yeah. The GM data is pretty clear.
MR. BARBER: At first you did an analysis of a driving to and from the office in Hampton in the middle of the day. Not too interested in that, but let's skip to the drive from Moselle to Almeda.
PETER RUDOFSKI: All right.
MR. BARBER: How long was that drive? How long did it take him from start to finish?
PETER RUDOFSKI: So, I would have to -- I'd have to look back. If you're referring to the 9:06 times?
MR. BARBER: Yes, sir.
PETER RUDOFSKI: It looks like 9:07 to 9:22, so about 15 minutes.
MR. BARBER: Do you need -- is it more like 16 minutes? Do you need a pen and paper? 16 minutes?
PETER RUDOFSKI: 16 minutes, sure.
MR. BARBER: Okay, and coming back, how long was it?
PETER RUDOFSKI: 9:43 -- about 18 minutes.
MR. BARBER: 18 minutes?
PETER RUDOFSKI: Uh-huh.
MR. BARBER: Okay.
PETER RUDOFSKI: Approximately.
MR. BARBER: So, the top speed on the way back we saw was a little faster, but it actually took a little longer to make the return trip. Is that accurate?
PETER RUDOFSKI: That's correct. And you are referring to the same drive to Almeda and back.
MR. BARBER: Exactly, yes.
PETER RUDOFSKI: Okay.
MR. BARBER: Are you aware that Senior Special Agent David Owen did a test drive from Almeda to Moselle on January 3rd of this year?
PETER RUDOFSKI: That is correct. I was in the passenger seat of that.
MR. BARBER: And how long did that take?
PETER RUDOFSKI: I would have to see the data. I don't remember.
MR. BARBER: You don't have that. You don't know if it was 17 minutes and 35 seconds?
PETER RUDOFSKI: If I was presented with something, it could be, but I do not have that number in front of me.
MR. BARBER: If it were that, it would be right in between those two times that we just saw for Mr. Murdaugh going back and forth, would it not?
PETER RUDOFSKI: It could, but there was different variables at the time.
MR. BARBER: It was during the day, wasn't it?
PETER RUDOFSKI: It was. It was.
MR. BARBER: So on his way back, there's that little 80 mile an hour spurt. How long did that go on?
PETER RUDOFSKI: I'm unsure of that. It just -- the data point is plotted. It doesn't give a -- it just gives you a timestamp. It doesn't say for how long.
MR. BARBER: In your experience, I think you talked earlier that you would respond to calls in a marked car with blue lights.
PETER RUDOFSKI: Not a marked car but unmarked car blue lights, yeah.
MR. BARBER: Okay. Is it extremely unusual for someone who is on a straightaway on a rural road at night to give it some gas, a little burst?
PETER RUDOFSKI: A little bit of gas, but when, you know, it's 55 and you have deer and other environmental factors that play in it.
MR. BARBER: Yes, but it's not that unusual, is it, for someone to give it a little gas on a straightaway on a rural road.
PETER RUDOFSKI: It depends on what a little gas is.
MR. BARBER: But the overall speed that he went to get from where he was going -- coming from to where he was going to, as far as you know it's in line with the test drive that you were in the passenger seat for?
PETER RUDOFSKI: If that is correct what you mentioned, then yes.
MR. BARBER: So, right in between those two actually.
PETER RUDOFSKI: Like I said, I don't have that test drive data in front of me, but --
MR. BARBER: Well, let's move on then to when he drove past that point where Maggie's cell phone was later recovered, and I think that may start on Slide 23.
MR. BARBER: Actually if you'll go back one slide.
(Break in proceedings.)
MR. BARBER: So, we're on Slide 22, sorry.
PETER RUDOFSKI: 22? Okay.
MR. BARBER: So, he's going 37.2 miles an hour here.
PETER RUDOFSKI: That's correct.
MR. BARBER: Next slide.
MR. BARBER: Now he's still approaching it at 42, so he's accelerating gently. Is that fair?
PETER RUDOFSKI: That's fair.
MR. BARBER: Next slide.
MR. BARBER: It looks like he is just past it going slightly faster than he was on the previous slide. Is that correct?
PETER RUDOFSKI: That's correct.
MR. BARBER: Next slide.
MR. BARBER: He's continuing to -- now he's a good bit down the road there at 45, but is it fair to say he's continuing a fairly gentle acceleration?
PETER RUDOFSKI: I would say so, yes.
MR. BARBER: So, what we saw as he passed it, he did not slow down and speed up as he went past that point. He continued his same gentle acceleration.
PETER RUDOFSKI: Per the data, yes.
MR. BARBER: And we won't go through it, but if we went down later when it goes down to the bottom of the screen, it would show that he slowed down slightly, corresponding when he sent that text go to see M. Be right back. Is that accurate?
PETER RUDOFSKI: I believe so, yes.
MR. BARBER: Okay. We'll be done with that. I'm going to now just skip with this data all of the way to when he approaches the kennel coming from the house right before he calls 911.
PETER RUDOFSKI: Okay.
MR. BARBER: The direction he is driving as he comes right up, right before he parks, would he have his -- would he be illuminating the bodies of Maggie and Paul?
PETER RUDOFSKI: Per the aerial that I'm looking at -- I don't know if you want to put on the screen so you can show, but per the aerial, it would be coming around that curve and would illuminate at least Maggie's body.
MR. BARBER: Would the illumination, is it going back towards that space between the barn and kennels where Paul's body was out?
PETER RUDOFSKI: Like I said, this is just a data plot, you know --
MR. BARBER: But you could determine that, could you not, from just the last two points because that would show you the direction that the vehicle is pointed.
PETER RUDOFSKI: It doesn't say the vehicle pointed in that direction. It just says that's where the vehicle was at.
MR. BARBER: But if it moved from point A to point B, being a car, it would have to be --
PETER RUDOFSKI: Yeah, but where the final -- where it final rests, I don't know which direction it's pointing.
MR. BARBER: But as it's moving.
PETER RUDOFSKI: As it's moving, yes, you would think it would go that direction.
MR. BARBER: Right. So, the headlights certainly on Maggie, it would appear from the plot maybe on Paul as well. And does he park --
MR. WATERS: Objection to counsel's statement.
MR. BARBER: Does he park near Maggie's body?
PETER RUDOFSKI: I do not know where he parked the first time because all we have is when the deputies arrived the second time.
MR. BARBER: On your plot.
PETER RUDOFSKI: On the plot here.
MR. BARBER: When he comes the first time before the 911 call, where does his vehicle stop in relation to Maggie's body?
PETER RUDOFSKI: It stops before it.
MR. BARBER: Is it -- how close is it?
PETER RUDOFSKI: I do not have a --
MR. BARBER: Can you give a descriptive? Is it very close? Was it pretty much right there?
PETER RUDOFSKI: I wouldn't say it's right on top of it, but it's --
MR. BARBER: Very close?
PETER RUDOFSKI: -- it's in the area.
MR. BARBER: So as he's pulling up to the scene, he can certainly see one, if not both, bodies on the ground, and he stops right next to Maggie. Is that fair?
PETER RUDOFSKI: I'm just looking at the data provided. I was not there on scene. I don't know; I don't know what he saw.
MR. BARBER: But the data provided you the location of the car and the location of the plot, correct?
PETER RUDOFSKI: But I don't know what he would have saw or what the car would have saw at that time.
MR. BARBER: You don't know what would be directly in front of his car as it was moving from point to point to point?
PETER RUDOFSKI: I was not out there.
MR. BARBER: You don't know what direction the car would be pointing as it moves forward?
PETER RUDOFSKI: We know which direction the car would be pointing, but where -- what he saw, what the final resting place --
MR. BARBER: Well, forget what he saw. Is the car's headlights pointing at the bodies as he's pulling up?
PETER RUDOFSKI: I cannot give a definitive answer on that because I was not there, and the data I have --
MR. BARBER: I'm asking from the data --
PETER RUDOFSKI: The data does not say --
MR. WATERS: I would ask that the witness be allowed to finish his answer.
JUDGE NEWMAN: You must give the witness an opportunity to respond fully. You may proceed.
PETER RUDOFSKI: There is no data that says that the headlights were pointing at a specific direction or at a specific object, so I cannot answer that.
MR. BARBER: When you say there's no data saying the headlights are pointed in a specific direction, were they not pointed along the line that would connect the last two data points before the car stops and goes into park?
PETER RUDOFSKI: For the drive, but it does not show -- I mean, it could be at an angle. It's such a -- it's a little dot. It does not show a vehicle and an exact position of it, so I cannot answer that.
MR. BARBER: Right, and we're not talking about the dot. We're talking about a line connecting two dots.
PETER RUDOFSKI: Okay, but you were asking about the dot.
MR. BARBER: The car would be those -- that line, the headlines would be pointed down the line, correct?
MR. WATERS: Objection. Asked and answered.
JUDGE NEWMAN: The objection is overruled.
PETER RUDOFSKI: Ask your question again.
MR. BARBER: We're talking not about a point but about a line and the car moving down a line. As it moves down that line between two points, would its headlights not be pointed in the same direction down that line?
PETER RUDOFSKI: I would assume.
MR. BARBER: So he arrives at the scene, gets out, presumably he goes into park, and then 20 seconds later first dials 911. Is that your testimony?
PETER RUDOFSKI: Yep.
MR. BARBER: So pulling up on the scene, bodies in his headlight, presumably knows something is horribly wrong, gets out, 20 seconds to the first call to 911. Is that correct?
PETER RUDOFSKI: That's correct.
MR. BARBER: Which was actually misdialed 9111 and he had to redial it a second time, which was at 18 seconds, correct?
PETER RUDOFSKI: That's correct.
MR. BARBER: So, he had 20 seconds. And I think there's maybe an implication or -- that that's not enough time.
MR. WATERS: Objection to the form, Your Honor.
JUDGE NEWMAN: The objection is sustained to the comment of counsel.
MR. BARBER: Sir, may I approach?
MR. BARBER: Is this timer set for 20 seconds?
PETER RUDOFSKI: It is.
MR. BARBER: Okay. When I say so, would you please press the start button?
PETER RUDOFSKI: Okay.
MR. BARBER: Now.
(Break in proceedings.)
MR. BARBER: That was 20 seconds, would you agree?
PETER RUDOFSKI: Per your phone, yes.
MR. BARBER: You don't dispute the phone's accuracy, do you?
PETER RUDOFSKI: I do not.
MR. BARBER: If the person getting out of the car had seen the bodies already and already knew something was horribly wrong, do you believe that that is an unreasonably short period of time to inspect and call 911?
PETER RUDOFSKI: I am here to testify on this data, not a hypothetical. I think you're asking the wrong person on that.
MR. BARBER: Fair enough. We'll move on. I'm going to turn to your condensed timeline, which I think is State's Exhibit 519.
PETER RUDOFSKI: Okay.
MR. BARBER: I'm going to ask you to turn to page 21.
PETER RUDOFSKI: Okay.
MR. BARBER: And towards the bottom at 9:06 and 20 seconds, it says Maggie Murdaugh's phone sideways orientation.
PETER RUDOFSKI: That is correct.
MR. BARBER: Meaning that her phone at that time went to a sideways orientation?
PETER RUDOFSKI: So, between 9:06:12 and 9:06:20, from the phone experts, it started at 9:06:12 and it ended at 9:06:20, those two orientations.
MR. BARBER: I'll ask it this way. A second later, what would be the orientation of her phone?
PETER RUDOFSKI: From a second from what, the 20?
MR. BARBER: After that, yes, at 9:06:21.
PETER RUDOFSKI: I do not know.
MR. BARBER: Well, then what does this entry mean if it doesn't mean that it --
PETER RUDOFSKI: There's nothing that says 9:06:21 on here.
MR. BARBER: Right. So, what happened at 9:06 and 20 seconds?
PETER RUDOFSKI: It finished its orientation change to sideways.
MR. BARBER: What does that mean?
PETER RUDOFSKI: So, it went from a portrait -- so, let me get -- so, it went from portrait to sideways.
MR. BARBER: And until --
PETER RUDOFSKI: In those between --
MR. BARBER: Go ahead. I'm sorry.
PETER RUDOFSKI: Between 9:06:12 and 9:06:20, that is what it's showing and that's why we have a little purple on the right hand side to show that it's connected. It's all one big sequence per our phone experts that had previously testified.
MR. BARBER: So, it would remain in portrait until the next -- I'm sorry, remaining in the landscape orientation until the next change?
PETER RUDOFSKI: I am unsure of that. I'm not a phone expert, so I am unsure of that. I was given this data and this is how it was related to me, and this is how I have put it in this timeline.
MR. BARBER: Okay. So, if you were to go at that page 19, please.
PETER RUDOFSKI: Okay.
MR. BARBER: In the very last entry there, Maggie Murdaugh's IPhone vertical orientation.
PETER RUDOFSKI: Uh-huh.
MR. BARBER: What does that mean?
PETER RUDOFSKI: So, this was all given to me from different, you know, data sources. So, how I read this is that the phone has turned to a vertical orientation, so I guess --
MR. BARBER: Has turned to a vertical orientation. And --
PETER RUDOFSKI: Because we have a sideways orientation, and then we have a vertical orientation.
MR. BARBER: Just keep scanning down until you get to the next orientation change for Maggie Murdaugh's phone, please.
PETER RUDOFSKI: From Page 19?
MR. BARBER: Yes, sir. I'm just looking for the next orientation change.
PETER RUDOFSKI: I believe it's going to be that 9:06:12.
MR. BARBER: And what does that say?
PETER RUDOFSKI: Implements orientation change to portrait.
MR. BARBER: But the previous change was to portrait, was it not?
PETER RUDOFSKI: It says vertical orientation.
MR. BARBER: So, there's no intervening orientation change. It just goes to portrait, then changes to portrait again?
PETER RUDOFSKI: As I read the data, yes, that's correct. Like I said, I'm not a phone expert. I was given these different pieces to plot, and this is how they've been plotted.
MR. BARBER: When you're given these pieces to plot, do you ever notice if things don't seem to make sense or don't match with other data? Do you alert anyone?
PETER RUDOFSKI: So, we have phone experts that review that. So, they have reviewed the data, and I do not know if that's something that they came across.
MR. BARBER: And you can't tell me what that last -- can you tell me this? The last orientation change here on Page 21, is that the last change on her phone until the extraction at the SLED lab?
PETER RUDOFSKI: I would have to go through and doublecheck. Would you like me to do that?
MR. BARBER: You may.
(Break in proceedings.)
PETER RUDOFSKI: You said orientation change, correct?
MR. BARBER: Yes, sir.
(Break in proceedings.)
PETER RUDOFSKI: Per this condensed timeline, you are correct. That would be the last orientation change that I see noted.
MR. BARBER: Meaning that's the last one until the phone was recovered?
PETER RUDOFSKI: I believe so.
MR. BARBER: Let me show you State's Exhibit --
PETER RUDOFSKI: Now, the thing is this is just the timeline. So, it could be in what's already in evidence from Lieutenant Britt Dove, but in this timeline that is the only one showing.
MR. BARBER: Okay.
PETER RUDOFSKI: For orientation changes, we're really only concerned for the day of.
MR. BARBER: Right.
PETER RUDOFSKI: For this timeline.
MR. BARBER: I show you what's been previously admitted as Defense Exhibit 38.
MR. BARBER: And go to the last page, please.
(Break in proceedings.)
MR. BARBER: This was previously admitted into evidence during the examination of Lieutenant Dove. It's a complete list of every orientation change recorded on her phone as of the extract. Is the last one listed, the very last one, the 9:06 orientation change?
PETER RUDOFSKI: The 9:06:22 on the bottom?
MR. BARBER: Yes, sir.
PETER RUDOFSKI: That is correct. The 9:06, yep, the far bottom column.
MR. BARBER: Yes.
MR. BARBER: Can we show State's Exhibit 278?
MR. BARBER: This was also admitted in examination. This is a photo taken in the SLED lab before extract, actually five days before extract. This phone is in portrait mode, is it not?
PETER RUDOFSKI: The way I read it, yes, that is portrait mode.
MR. BARBER: So that very last orientation change we saw was to portrait mode because there are no subsequent orientation changes.
PETER RUDOFSKI: I would assume so, yes.
MR. BARBER: And not landscape as this says on this.
PETER RUDOFSKI: The thing is, before this picture was taken, you have to remind yourself that, you know, SLED got the phone and then -- this photo was taken at a lab.
MR. BARBER: Yes.
PETER RUDOFSKI: So, I don't know. I don't know what happened. People have -- you know, it's been moving around and manipulated. I don't --
MR. BARBER: But we just looked at a complete list of all of the orientation changes, did we not? It wasn't time limited to a particular day. It's everything on the phone.
PETER RUDOFSKI: Like I said, I did not produce that document. So, I'm going to have to go on your word on that.
MR. BARBER: Let me ask this before we kind of move on from this. It's been stated a few times in testimony, and I think you did as well, that you don't get an orientation recorded when the screen is off. Is that correct?
PETER RUDOFSKI: That is my understanding from previous testimony.
MR. BARBER: Okay. So, my screen is off. If I turn it, like, to get an orientation change and it's off, if I just stand here for awhile, however long, an hour, and without moving the phone turn the screen on, will there be an orientation change?
PETER RUDOFSKI: That's a technical question for an expert that we had up here yesterday. That -- I am not an expert and I am not a phone expert, so --
MR. BARBER: So, where I'm going with that is simply you don't know yourself in preparing this timeline whether the orientation changes that you're putting on here correspond with movement of the phone at that moment?
PETER RUDOFSKI: I do not. I'm going off of data I was given from the phone experts that gave me the data and has been put on this timeline.
MR. BARBER: I'm going to now to the timeline and really focus on the timeline for Maggie Murdaugh. And I'm going to skip, you know, kind of close to the time that we're --
PETER RUDOFSKI: Are you still on the condensed or the --
MR. BARBER: I'm going to be on the condensed the entire time.
PETER RUDOFSKI: Okay.
MR. BARBER: I'm not going to refer to the other one.
PETER RUDOFSKI: Okay.
MR. BARBER: And I want to start on Page 17 with that group text that Maggie Murdaugh read that came in at 8:31 but she read it at 8:49:26.
PETER RUDOFSKI: Okay.
MR. BARBER: And I guess the actual reading of that would be on page 19 for your reference. We'll start there.
PETER RUDOFSKI: On page 19, you say?
MR. BARBER: Yes.
PETER RUDOFSKI: Okay.
MR. BARBER: You have some screen off times here, but you didn't put every time the screen went on and off, did you?
PETER RUDOFSKI: I don't recall. I would have to look at what was given.
MR. BARBER: So, you don't know if the screen, her screen went off at 8:49:28, came back on --
PETER RUDOFSKI: Everything should be on this document.
MR. BARBER: Okay. Did her screen go off at 8:49:28 and come back on at 8:53:08?
PETER RUDOFSKI: I have a screen on at 8:49:20.
MR. BARBER: And when did it go off?
PETER RUDOFSKI: I do not see it on here.
MR. BARBER: Well, let me ask it this way. Do you know whether the screen went off at 8:49:28 and came back on at 8:53:08?
PETER RUDOFSKI: I do not unless I have it on here.
MR. BARBER: Okay, and then she has steps that begin at 8:53:15. Is that correct?
PETER RUDOFSKI: For this document, yes.
MR. BARBER: When you were looking at the step data, did you look it the corresponding distance data that that goes to the step data?
PETER RUDOFSKI: I was just provided the timestamp and then the steps.
MR. BARBER: Are you aware that the phone in the same database keeps distance data with the step data?
PETER RUDOFSKI: I have been made aware of that.
MR. BARBER: But you have not looked any of that distance data.
PETER RUDOFSKI: No. I was told it's not accurate, it's not reliable, the distance. So, you know, I did not focus in on that.
MR. BARBER: So, would you think that it is possibly -- well, just as an investigator, on your spreadsheet -- I won't bother to put it up -- but you had a bunch of time periods where Alex had steps, different times.
PETER RUDOFSKI: Uh-huh.
MR. BARBER: Do you think there would be any relevance to whether the number of feet per step and all of those different increments was extremely consistent?
PETER RUDOFSKI: You say is there any relevance to it?
MR. BARBER: Would it maybe suggest the same person was walking?
MR. WATERS: Objection, Your Honor.
JUDGE NEWMAN: The objection is overruled.
PETER RUDOFSKI: I would have to -- I didn't do the feet per step, so I would have to see the data.
MR. BARBER: And I understand that. The question is would there be any relevance to an investigation to seeing that the feet per step were extremely consistent for disparate time periods for the same phone?
PETER RUDOFSKI: Like I said, this was just a tool that we used. It could be. It was not explored.
MR. BARBER: And if this time period, 8:53 with Maggie Murdaugh's steps to 8:55:32, if the distance covered in that time were short, meaning she was moving particularly slowly, would that have any relevance?
PETER RUDOFSKI: It depends. But that distance is -- we're told is highly inaccurate, and everything is in an estimate. So, even the steps that -- we're told by the phone expert that's an estimate and it's not an exact number. The same I would assume for the distance.
MR. BARBER: So, you don't think -- I mean, you did not check to see if the speed -- the speed at which Maggie Murdaugh was moving on that very last increment, the last time the phone says she was ever walking, there is no how fast was she going? Is she running? Is she creeping? No one looked at that?
MR. WATERS: Objection. Facts not in evidence.
JUDGE NEWMAN: The objection is overruled.
PETER RUDOFSKI: I did not look at that, no. I cannot say for anyone else.
MR. BARBER: And the same question for Alex Murdaugh. Did anyone look for -- I think you have, you know, over eight of these increments listed out -- whether he was going particularly fast, unusually fast for him? Unusually slow for him? The same speed he always goes? Did anyone look at that?
PETER RUDOFSKI: All we have here is the data that is on that sheet.
MR. BARBER: And you do have these steps per minute, but do you have any data suggesting that within -- and I'll pick one just to make the question simpler. Alex Murdaugh's first -- well, I'll pick an even easier one, entry number 30.
PETER RUDOFSKI: Okay.
MR. BARBER: Which is when he's at Almeda and then part of when he's leaving Almeda. Is that correct?
PETER RUDOFSKI: That is correct by the base, by the time.
MR. BARBER: And it says 60 steps over almost just a little short of 10 minutes?
PETER RUDOFSKI: I believe so, yep.
MR. BARBER: So, of course, it's 6, slightly more than 6 steps per minute, which would be a step every 10 seconds. So, this time period is not saying that he's going that many steps per minute, right? It's saying he walked, and then he didn't walk, and he walked. Is that fair?
PETER RUDOFSKI: It was just giving us an analysis -- a general overview of, you know, our estimated steps that it gives us, and then estimated steps per minute. That all -- that's it is, is just a general --
MR. BARBER: Well, I'll just ask open ended. Why is this last column steps per minute here, why are you presenting this?
PETER RUDOFSKI: It's just another way to present the data.
MR. BARBER: So, turn back to -- I think we're on page 19.
PETER RUDOFSKI: Okay.
MR. BARBER: Maggie Murdaugh's phone is walking. Now, we had from previous testimony an activation of the Siri user interface with the side button. Do you recall that from previous testimony?
PETER RUDOFSKI: I do not, but it could have been.
MR. BARBER: Okay. You don't recall previous testimony about that.
MR. BARBER: Can we bring up Defense Exhibit 41?
MR. BARBER: And there's a begin and end. It's all on the same there on the bottom couple of rows. You can see 8:53:20.
PETER RUDOFSKI: Uh-huh.
MR. BARBER: I don't know if this refreshes or if you recall. Perhaps you know from experience that the Siri interface can be activated by squeezing and holding the right button on the phone. Do you know that?
PETER RUDOFSKI: I believe so if you have it, you know, activated to do that.
MR. BARBER: So, the phone is walking. It's in somebody's hand. Now, this is something that's not in your timeline, but again was certainly discussed with Lieutenant Dove. At 8:54:32 the screen comes on, and a couple of seconds later there's a camera access. Do you recall that?
PETER RUDOFSKI: I do.
MR. BARBER: Okay, and that's not on your timeline?
PETER RUDOFSKI: It's not.
MR. BARBER: Okay. Now, we had -- that came up in testimony with both experts, and I believe -- do you recall Lieutenant Dove said he had not -- that it was possible to find out what caused that but that he had not himself looked to see?
PETER RUDOFSKI: That's correct.
MR. BARBER: And I believe Investigator Grubb said he did not know why. Is that correct?
PETER RUDOFSKI: I believe so.
MR. BARBER: But it's knowable according to the previous testimony?
PETER RUDOFSKI: That's correct.
MR. BARBER: But no one has checked to see.
PETER RUDOFSKI: To my knowledge, no.
MR. BARBER: Then after that, there's some orientation changes, and then finally the screen goes off, I believe, for an extended -- more extended period of time at 8:55:36.
PETER RUDOFSKI: Uh-huh.
MR. BARBER: Is that correct?
PETER RUDOFSKI: That is correct.
MR. BARBER: Now, after this period there's nothing else that happens with her phone other than missed calls and texts except that final orientation change. Is that accurate?
PETER RUDOFSKI: That is accurate.
MR. BARBER: Now, does that fact that we aren't seeing anything after 8:55:36, does that mean that she was dead at 8:55:36?
PETER RUDOFSKI: Like I said, this is just data that I plotted.
MR. BARBER: So, the answer is no?
PETER RUDOFSKI: I don't know that answer.
MR. BARBER: It does not mean that?
PETER RUDOFSKI: I have to go by the data here and there's no activity.
MR. BARBER: Right.
PETER RUDOFSKI: You can take that however you want, but there's no activity.
MR. BARBER: I mean, is it fair -- and this isn't trying to be tricky. If use of the phone ceases as time goes on, it's more and more likely there's something amiss, right? The first second --
PETER RUDOFSKI: Time goes on.
MR. BARBER: -- no one is using the phone is normal. I mean, someone might easily go -- even Paul might go 5 minutes without using his phone, but as you keep going on, it gets a little more likely something is going wrong, right? Is that fair?
PETER RUDOFSKI: I would say so. But you have --
MR. BARBER: It's not an immediate thing that --
MR. WATERS: Your Honor, I would request that the witness be able to finish the answer he started.
MR. BARBER: I apologize, Your Honor. I honestly thought he had finished.
PETER RUDOFSKI: Go ahead.
MR. BARBER: So, it wouldn't be fair to say that if the last usage was at some particular second, that the person was dead that second, right? It would create an inference that would increase in strength over time that if no one is using the phone, something is wrong, right?
PETER RUDOFSKI: I can't answer that. I mean, I don't have the knowledge on that.
MR. BARBER: Do you recall in previous testimony that Special Agent Owen said with regard to Almeda and I think a blue rain coat that it would take, in his estimation, 5 to 10 minutes to dispose of evidence wrapped -- already wrapped up from this? Do you recall that?
PETER RUDOFSKI: I do recall.
MR. BARBER: So to be consistent with the data you have here -- well, let me ask you this. How long with the test drives was the drive from the kennels to the main house?
PETER RUDOFSKI: I know we did various ones. I'd have to look at the data. We did it at various speeds. It was very short.
MR. BARBER: Maybe 15 seconds?
PETER RUDOFSKI: That would be a lot I would say.
MR. BARBER: So -- and we know that Alex's phone is at the house, right, from -- it got left at the house. That's -- it's not going anywhere since it was up at the house with the family.
PETER RUDOFSKI: I just show no activity on it.
MR. BARBER: Right.
PETER RUDOFSKI: You can assume he was at the house.
MR. BARBER: But it starts showing activity again at 9:02 and 18 seconds. That's when the steps start.
PETER RUDOFSKI: That's correct, 283 steps.
MR. BARBER: So from that 8:55:36 to 9:02, with some seconds to get up to that house, you would have, like, 5 minutes, if it were him, to do everything, and get back to the house -- in his house to the phone? 5 minutes?
PETER RUDOFSKI: I think -- I think you're missing that the phone was actually locked at 8:49 for Maggie's phone. So the 8:55:36 is just when the backlight is off, but her phone locks forever at 8:49.
MR. BARBER: But it's moving around, right, at 8:53. You didn't look at the speed at which it's moving but that could tell us something. There's a Siri activation --
MR. WATERS: Object to counsel's statement.
MR. BARBER: I'm just asking my question, Your Honor.
JUDGE NEWMAN: What's the question?
MR. BARBER: Her phone is moving around starting at 8:53. There is a Siri activation near the start of that time, and then there's a camera activation during this time and some orientation changes, and then it goes off. Is that all correct?
PETER RUDOFSKI: That is correct.
MR. BARBER: And you don't know how fast the phone was moving during that period but that is known, just no one has looked. Is that correct?
PETER RUDOFSKI: So, everything is in estimation with the phone. It does not track your exact, you know, speed or distance or steps. It's all estimated so an exact number is unknown.
MR. BARBER: And you have, I assume, from your testimony, you don't know why someone would take Maggie's phone but not Paul's phone.
PETER RUDOFSKI: I would not know. I mean, I'm not there --
MR. BARBER: I mean, given your job as a SLED agent, I mean, would the fact that the camera was -- that the phone was somewhat -- in someone's hand and there was an attempt to take a picture, would that be an inference you can draw as to --
PETER RUDOFSKI: You never said they --
MR. BARBER: -- how that phone was taken?
PETER RUDOFSKI: -- attempted to take a picture from what I heard. But you would have to ask a technical expert on exactly what that camera function was for.
MR. BARBER: Well, you see, the thing is the technical experts, they're not going to say either, are they? It's -- some investigator is going to have to make some inferences from the data. And the question is, is it a fair inference that if the camera is in somebody's hand and they're trying to take a picture, that that might be why the killer is taking that phone and not the phone that's in somebody's pocket?
PETER RUDOFSKI: So, the way I --
MR. WATERS: Objection, Your Honor.
JUDGE NEWMAN: The basis for the objection?
MR. WATERS: Argumentative.
JUDGE NEWMAN: The response to -- by the -- any response?
MR. BARBER: Your Honor, I'm asking the investigator --
JUDGE NEWMAN: I know what you're asking him. The response to the objection. The objection is argumentative.
MR. BARBER: Your Honor, I do not believe it's argumentative. I'm asking if an inference would be fair.
JUDGE NEWMAN: I overrule the objection.
PETER RUDOFSKI: So, the inference I'm looking at is that the camera was trying to identify a face to unlock, which it did not, so that is an inference that I would look at instead of taking a photo, from a lay person's perspective.
MR. BARBER: Right. Except that's not an inference an investigator would make, correct? A technical expert would go and see what triggered the camera activation and tell that to an investigator, correct?
PETER RUDOFSKI: I was not -- I am not the technical person.
MR. BARBER: And I think we covered in some previous questioning that your testimony has been that that's knowable but no one has checked. I'm going to kind of switch over to Paul. And just to start of summarize everything up, there doesn't seem to be any missed activity until the unread text message from Rogan at 8:45 -- I'm sorry, 8:49:35. Is that correct?
PETER RUDOFSKI: That is correct.
MR. BARBER: And is it correct that his screen does not ever come on again until after the 911 call?
PETER RUDOFSKI: His screen coming on?
MR. BARBER: Yes, sir.
PETER RUDOFSKI: I believe it dies shortly after at, like, 10:30 something, like 10:36.
MR. BARBER: And I'm aware of the screen coming on after the 911 call, but I'm asking did it come on at any time between this text from Rogan and those 10 -- after 10:00 times?
PETER RUDOFSKI: Let me just doublecheck.
(Break in proceedings.)
PETER RUDOFSKI: I show a display screen on at 10:20:08.
MR. BARBER: Okay. So, the answer is no?
PETER RUDOFSKI: It does turn on. That's what you asked, correct?
MR. BARBER: Oh. I'm sorry. I was asking if it turns on before the 911 call.
PETER RUDOFSKI: Before the 911 call. For the whole day?
MR. BARBER: Well, it would be about an hour and 10 minutes, but --
PETER RUDOFSKI: I'm not seeing a screen on before the 911 call in that 9 to --
MR. BARBER: So incoming text messages or calls, if they were received, did not cause the screen to come on.
PETER RUDOFSKI: That is correct.
MR. BARBER: Is it possible -- and I understand this may be a question for a technical person, but is it possible that that's because the battery was at 2 percent?
PETER RUDOFSKI: Like I said, I would not know that answer.
MR. BARBER: Did anyone ask, hey, why isn't the screen coming on on these notifications?
PETER RUDOFSKI: Unfortunately I think it's hard to tell, you know, with experts, but that would be my assumption that it would be the low battery, trying to conserve the battery because you don't want -- the light takes so much power. So, I would assume that would be the answer.
MR. BARBER: So, after whatever happened after 8:49, his phone is not prompting him. It's not lighting up when things come in.
PETER RUDOFSKI: I don't know if it's vibrating or whatnot, but according to the data here, it is -- it's not lighting up.
MR. BARBER: Now, I think the previous testimony was that whoever, if anyone, saw his screen -- lock screen before the phone went dead, you know, after the 911 call would have seen the yo text. Is that correct?
PETER RUDOFSKI: I believe so, yes.
MR. BARBER: They would have also seen this 8:49 text, right?
PETER RUDOFSKI: The 8:49 --
MR. BARBER: 35.
MR. BARBER: Or at least a notification that there were multiple texts, correct?
PETER RUDOFSKI: I would assume so, that's correct.
MR. BARBER: And there were at least four incoming calls from Rogan between 9 and -- 9:10 and 10:08. Is that correct?
PETER RUDOFSKI: I'm going to go off your account. That's correct.
MR. BARBER: 9:10 and 28 seconds, 9:42 and 17 seconds. I think there's one at 9:57.
PETER RUDOFSKI: Okay.
MR. BARBER: One at 10:08.
PETER RUDOFSKI: Correct.
MR. BARBER: The one at 10:08, that would be during the 911 call, right?
PETER RUDOFSKI: That is correct.
MR. BARBER: And that would be before -- during the 911 call before Alex leaves, Alex Murdaugh leaves the scene to go up to the house and come back.
PETER RUDOFSKI: Based on the data, that's correct.
MR. BARBER: We don't know where the screen came on those two times, do we, at 9-0 10 and 18, and then 9-0 -- I'm sorry, 10:18, and then 10:20?
PETER RUDOFSKI: We do not.
MR. BARBER: Do you know how long the screen stayed on those times?
PETER RUDOFSKI: I do not know that.
MR. BARBER: You don't know if it was 12 seconds? Okay. At the second one of those, the 10:20:08 screen on, doesn't the -- Alex Murdaugh's phone indicate he's walking at that time?
PETER RUDOFSKI: So, at -- you know, we have a start time and an end time. It doesn't mean he was walking during the whole time, but that is what the phone --
MR. BARBER: Well, is this the start -- I'm sorry, let me just ask this. Is this the --
MR. WATERS: Your Honor, I would ask that he be able to finish his answer.
MR. BARBER: Your Honor, it was just a clarification.
JUDGE NEWMAN: So, the witness starts talking and then you start talking. I don't know whose talking. Were you talking?
PETER RUDOFSKI: Yes.
JUDGE NEWMAN: Go ahead.
PETER RUDOFSKI: So, the phone parses the data and it gives you a start time and an end time. It doesn't mean they're walking during that whole time. It just takes a start time, an end time, and gives you that data. So, to say that someone is walking during the whole time would be, you know, unreasonable.
MR. BARBER: After the 911 call, was Rogan the first person Alex Murdaugh called?
PETER RUDOFSKI: After the 911 call?
MR. BARBER: Yes, sir.
PETER RUDOFSKI: The call was at 10:06:14. You said Alex called?
MR. BARBER: Yeah. The first person he called after hanging up with 911, was it Rogan?
PETER RUDOFSKI: I have it 10:17:46 he calls Randy Murdaugh.
MR. BARBER: And that's his brother, correct?
PETER RUDOFSKI: That's correct.
MR. BARBER: Who was the second person who called?
PETER RUDOFSKI: He iMessages Randy, and then calls Randy Murdaugh again, and then John Marvin.
MR. BARBER: John Marvin is another brother, correct?
PETER RUDOFSKI: Yeah, at 10:19.
MR. BARBER: And then the third time -- person he calls is Rogan. Is that correct?
PETER RUDOFSKI: At that time, yes.
MR. BARBER: And is that about 2 minutes and 30 seconds after that first screen on time?
PETER RUDOFSKI: That's correct.
MR. BARBER: So not immediate, not the first person.
PETER RUDOFSKI: I think you're referring to the -- I think you're referring to that question that was previously during the 911 call. This is all after the 911 call.
MR. BARBER: Right. The question is it's about 2 and a half minutes after Paul's phone screen comes on that there's a call to Rogan, and it's the third person that Alex Murdaugh calls. Is that correct?
PETER RUDOFSKI: That was at 9:08. Wasn't the screen on?
MR. BARBER: No, 10:18 and 53 seconds.
PETER RUDOFSKI: That would be correct.
MR. BARBER: Okay. So, I think we went over that anyone who was looking at -- could see what was on Paul's screen would see multiple missed messages, calls from Rogan right on the screen.
PETER RUDOFSKI: I would assume.
MR. BARBER: Even a call coming in during the 911 call.
PETER RUDOFSKI: I would assume, but --
MR. BARBER: Okay. So as an investigator, do you think it would be terribly unreasonable that after calling other family members, someone would call the person who is the best friend of the dead son who had multiple missed messages and calls, and even a call coming in during the 911 call, is calling that person and asked what happened, what's going on, is that to you, as an investigator, an unreasonable thing to do after calling other family members?
PETER RUDOFSKI: I would -- as an investigator, I think that would be very odd given the scene and the whole situation that you're on the phone constantly, yes.
MR. BARBER: That you're standing there next to your dead son, whose phone is ringing from someone --
PETER RUDOFSKI: Yep.
MR. BARBER: -- and you call that person after calling other people, that would be unreasonable?
PETER RUDOFSKI: Yes, because I am standing over my son and wife, and just witnessing that for the first time, I would think that would be -- to have someone on their phone constantly like that right after, given the scene and the situation, yes, as an investigator I would think that is very odd.
MR. BARBER: It wouldn't be someone trying to find out what happened?
PETER RUDOFSKI: At that moment, that would be the last thing that would probably come through my mind as an investigator looking at the scene is trying to figure out what happened minutes after I discover it. I would be in a state of shock if that was me personally.
MR. BARBER: And speaking of a state of shock, I think you have in the timeline later on he reads some spam text message about -- I think there's a picture of a woman in a bikini.
PETER RUDOFSKI: I wouldn't call it a spam text message. It's from Michael Gunn, who would be one of his friends.
MR. BARBER: A group text.
PETER RUDOFSKI: A group text, yeah.
MR. BARBER: And then he googles the name of a restaurant in Edisto Beach. Is that correct?
PETER RUDOFSKI: That is what comes up on his phone extraction.
MR. BARBER: Doesn't he also call a videographer he hadn't spoken to in years?
PETER RUDOFSKI: Can you give me a page number to refer to?
MR. BARBER: Yes. Page 42. Brian White, last entry.
PETER RUDOFSKI: That's what the data shows.
MR. BARBER: So, he would seem to be in a state of shock. None of that makes any sense, does it? You're not going to google the name of a restaurant after you find your son murdered.
PETER RUDOFSKI: I'm not Alex Murdaugh. I don't know what he was thinking at that moment. I probably wouldn't be on my phone.
MR. BARBER: Really? You wouldn't be calling family?
PETER RUDOFSKI: Might be calling family, but I wouldn't be --
MR. BARBER: The testimony was --
PETER RUDOFSKI: -- googling stuff.
MR. BARBER: -- that Rogan was his family --
JUDGE NEWMAN: Just a moment. You ask a question. If you want him to answer it, you have to give him an opportunity to answer the question. Proceed.
PETER RUDOFSKI: I would not be googling and doing other things with my phone, no.
MR. BARBER: You don't -- do you think -- do you believe he was googling a restaurant, or do you think he was fat-fingering the phone because he was in shock?
PETER RUDOFSKI: I have to go off of the data, and that's what the data shows.
MR. BARBER: And you believe that calling family and calling someone that the prior testimony was, was like another son is unreasonable given the circumstances?
PETER RUDOFSKI: I would say so, yes. Given the fact that you just arrived to the scene, yes.
MR. BARBER: And having just arrived back to the scene, had actually been there at that point 15 or 20 or 25 minutes, correct?
PETER RUDOFSKI: That's correct. I would be doing anything I could to help my loved ones.
MR. BARBER: Now, kind of turning back to Maggie's phone, her screen was on at 9:06 and 12 seconds, right, that last rotation change?
PETER RUDOFSKI: Let me flip back to it. You said her screen was on?
MR. BARBER: Yes.
PETER RUDOFSKI: Yeah. Her phone was locked but her screen -- yeah. For the orientation from previous testimony, the screen had to be on for it to log the orientation changes.
MR. BARBER: So, there was some movement of the phone between 9:06 and 12 seconds and 9:06 and 20 seconds?
PETER RUDOFSKI: That would be my understanding given the previous testimony, correct.
MR. BARBER: And in this period, 9:02 to 9:06 and 47 seconds, Alex Murdaugh is walking, I think, 283 steps in that time period?
PETER RUDOFSKI: In that timestamp period, correct.
MR. BARBER: Yeah. But her phone is not. No one is walking with her phone, correct?
PETER RUDOFSKI: The phone is not logging any kind of steps. I don't know if someone is walking with it, but it's not logging steps at that time.
MR. BARBER: But at that time, Alex Murdaugh's is logging steps.
PETER RUDOFSKI: His phone was logging from 9:02:18 to 9:06:47. I believe her last log was in the 8:00 -- yeah, the 8:53 to 8:55.
MR. BARBER: And at 9:06 and 14 or 15 seconds, Alex Murdaugh calls her phone, correct?
PETER RUDOFSKI: That's correct.
MR. BARBER: So he calls her phone while walking, or in a period in which his steps are being recorded by the phone, to be specific.
PETER RUDOFSKI: There's a begin time and an end. He could have stopped walking a couple of seconds, a couple of minutes into it. It doesn't give us that precise data from these phone extractions.
MR. BARBER: And that time period that he stops walking is 9:06 and 47 seconds, correct? And the car, the Chevy Suburban, starts a second later after that, right?
PETER RUDOFSKI: From the data, correct.
MR. BARBER: So, it's a fair inference that his -- ends that by walking to the car, getting in, and turning it on.
PETER RUDOFSKI: I'm not sure exactly when he got in the car or how long he was sitting in the car before, but this is what the timestamps show, and this is what the vehicle start time shows and the end time for the steps.
MR. BARBER: Yeah. So, his phone is stepping walking while he calls Maggie's phone, which is moving but not stepping with him. Is that what the data shows?
PETER RUDOFSKI: That's your inference on the data, but --
MR. BARBER: Well, I mean, breaking it down, his phone is in a period of steps, correct?
PETER RUDOFSKI: Unknown when there is steps during that period.
MR. BARBER: His phone is in this time period of steps, correct?
PETER RUDOFSKI: Correct.
MR. BARBER: Her phone is not in any period of steps, correct?
PETER RUDOFSKI: Correct.
MR. BARBER: Her phone in this time period where the phone call is coming in, 9:06:12 seconds or 20 seconds, there's some motion because there is an orientation change, correct?
PETER RUDOFSKI: That's correct.
MR. BARBER: And he's calling the phone during this period that his phone is in steps right? At that moment, right?
PETER RUDOFSKI: I cannot say that he's actually in steps at 9:06:12.
MR. BARBER: Yes, and you've said it. But he's -- his phone says there's this period that he's walking, and in that period within -- between the start and end times he's calling her phone.
PETER RUDOFSKI: That is correct. But you can see during the 911 call, too, that there's -- I mean, times where someone could be stopped, someone could be walking. So, we don't know if he stopped at 9:05:15, then the orientation changes and he's right at the car. I don't know that.
MR. BARBER: Do we know -- do we have any evidence that her phone and his phone ever moved together? Not speculation, but evidence showing that they're moving together, same person moving at the same time with both phones?
PETER RUDOFSKI: Moving together like physically moving, or functioning in, like --
MR. BARBER: Yes, that they're both moving -- the same person is carrying both phones. They're moving at the same time --
PETER RUDOFSKI: I would argue that between 9:06:12 and 9:20 that the same person had both phones.
MR. BARBER: Because there's an orientation change and no steps on this phone and steps on this phone?
PETER RUDOFSKI: You have an orientation change starting while someone is calling looking at the phone during that time period.
MR. BARBER: And would it perhaps be reasonable that someone has that phone and an incoming call comes in, the screen says Alex Murdaugh, and it gets tossed out a window? Is that another fair possible explanation?
PETER RUDOFSKI: That could be your explanation.
MR. BARBER: Why would that explanation be less fair than what you just said based on the data?
PETER RUDOFSKI: It's how you interpret the data.
MR. BARBER: On the drive to Almeda and back, did Alex take any detours from the expected route?
PETER RUDOFSKI: Not that I can see. The route matched up with his interviews.
MR. BARBER: And in your timeline, we occasionally see these, I guess, infotainment systems coming on but nothing else happening. The prior testimony was that even the FBI agent engineer doesn't know why that is. Is that accurate?
PETER RUDOFSKI: That's accurate. He said it could be, you know, you get close to the vehicle, sometimes it -- with newer GM vehicles you get close to it and you can kind of hear a little buzzing noise. It's almost like the system is booting up. That's how he described it to me. It could be the key fob being close, it could be the car unlocking, locking, the door opening. They don't know what actually caused it, but it's just booting up and running in the background.
MR. BARBER: When you were looking at the -- sort of going in and out of park data, did you look at the data for other days than June 7th?
PETER RUDOFSKI: I did not.
MR. BARBER: So, you wouldn't know whether on other days there are periods in which it seems to go in and out of park repeatedly in a short period of time?
PETER RUDOFSKI: I would not.
MR. BARBER: You wouldn't know if that happened on 6/4 or 6/5 or also 6/6?
PETER RUDOFSKI: I would not, no. I was focusing on June 7th of 2021.
MR. BARBER: Would looking at those other days and seeing the same things happen inform your interpretation of it, seeing it going in and out of park on 6/7?
PETER RUDOFSKI: I was just looking on the day of the murders.
MR. BARBER: I mean, if it did that every single day, would it seem unusual to also do it on 6/7?
PETER RUDOFSKI: That would be a question for Mr. Falkofske, who actually looks at that data as a professional.
MR. BARBER: Would it?
PETER RUDOFSKI: It would.
MR. BARBER: He's going to make inferences about behavior based on the data, or is he just going to say what the data is?
PETER RUDOFSKI: He could say what the data is, but I wouldn't know an inference. I don't know someone's driving pattern and how they shift and -- how would I know that?
MR. BARBER: And he would?
PETER RUDOFSKI: But how would I know that?
MR. BARBER: Well, the question really is if it happens every day, is there anything unusual about it happening on 6/7?
PETER RUDOFSKI: A period of the day is not every day. You would have to look at a -- I would assume a wide range of days to get --
MR. BARBER: How many?
PETER RUDOFSKI: I don't know.
MR. BARBER: If it happened every day from the preceding three days, would that be enough?
PETER RUDOFSKI: Every day is a new day. I would not -- you know, something could happen different on a different day. I mean, I don't know how you could compare that data. You go different places; you do different things. Different things happen during drives. I don't think you could accurately show that.
MR. BARBER: You were -- you were shown towards the end some text messages, and one of them seemed to make a reference regarding possible drug use. Do you remember that?
PETER RUDOFSKI: I do.
MR. BARBER: And that was dated May 6th?
PETER RUDOFSKI: You have it -- do you have the copy pulled out? Are you referring to the text from Paul --
MR. BARBER: Yes, I am.
PETER RUDOFSKI: -- to Alex? Okay. I have May 6, 2021, at 10:52.
MR. BARBER: And then there was some Google searches by Maggie Murdaugh.
PETER RUDOFSKI: That is correct.
MR. BARBER: Are you aware of a text from Alex regarding pills to Maggie on May 7th?
PETER RUDOFSKI: I would have to see the text.
MR. BARBER: I show you what's been marked as Defendant's 138, which I believe --
PETER RUDOFSKI: I am very sorry that I do this all to you. I love you.
MR. WATERS: No objection to the exhibit, Your Honor.
MR. BARBER: Your Honor, I would offer what's been marked as Defendant's 138 into evidence.
JUDGE NEWMAN: It's admitted.
(TEXT MESSAGE MARKED AS DEFENDANT'S EXHIBIT NUMBER 138 WAS RECEIVED INTO EVIDENCE.)
MR. BARBER: Can I have the ELMO?
(Break in proceedings.)
MR. BARBER: So, this was Mr. Murdaugh's response to the -- being confronted about the pills that you previously read.
PETER RUDOFSKI: I can only assume this is from Alex to Maggie. The text message I read was from Paul to Alex.
MR. BARBER: So, his family was aware of his drug issues, correct, from the text?
PETER RUDOFSKI: I would assume from the text.
MR. BARBER: And he was aware that they were aware, correct?
PETER RUDOFSKI: Correct.
MR. BARBER: And they appear to be loving and supporting him.
PETER RUDOFSKI: Well, this is Alex to Maggie. If you read other text messages, she never responds to this that day from what I saw, so I don't know. Unless you have what she sent back -- we can't ask them. I don't know if they were loving and supporting of it. This is from Alex to Maggie.
MR. BARBER: I'm sure we will have an opportunity to see further text messages.
MR. BARBER: Beg the Court's indulgence.
(Break in proceedings.)
MR. BARBER: No further questions, Your Honor.
JUDGE NEWMAN: Redirect.
MR. WATERS: May it please the Court? Do we have the computer up?
JUDGE NEWMAN: Ladies and gentlemen, I'll have you go to the jury room for a short break.
(The jury left the courtroom.)
JUDGE NEWMAN: We will be in recess for 5 minutes.
(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: Thank you. You may proceed.
MR. WATERS: May it please the Court?
REDIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: Special Agent Rudofski, just a couple of matters. I have up on the screen, this is from your CAST slides from the defendant's trip coming back from Almeda. Is that right?
PETER RUDOFSKI: That is correct.
MR. WATERS: And going to this next slide, did the -- and this is the trip. What's max speed that the defendant hit on his trip from Almeda back to Moselle approximately?
PETER RUDOFSKI: I believe it was around 70 -- I'm sorry, the trip back to Moselle, that would have been around 80.
MR. WATERS: 80?
PETER RUDOFSKI: Yep. The previous one was around 70.
MR. WATERS: Did the data, while he was still at Almeda, did it reflect a -- that the vehicle paused for a period of time in the driveway before continuing?
PETER RUDOFSKI: It did.
MR. WATERS: And would that pause affect that average speed that you calculated?
PETER RUDOFSKI: It would.
MR. WATERS: And that time.
PETER RUDOFSKI: It would.
MR. WATERS: I want to go to page 22 of your condensed timeline.
PETER RUDOFSKI: Okay.
MR. WATERS: And up at the top, tell the jury what time period the data reflects that Maggie Murdaugh's backlight was off.
PETER RUDOFSKI: It shows from 9:07 p.m. to 9:31:44 p.m.
MR. WATERS: And during the entirety of that time period, does the data reflect that her phone was also locked?
PETER RUDOFSKI: It does.
MR. WATERS: If you could turn to page 18 -- page 19, my apologies.
PETER RUDOFSKI: Okay.
MR. WATERS: From 8:53 to 8:55, what does the data reflect? Any steps logged on Maggie's phone?
PETER RUDOFSKI: The data reflects Maggie Murdaugh's IPhone shows 59 steps logged.
MR. WATERS: Can the data tell who was holding that phone during that time period?
PETER RUDOFSKI: It does not, no.
MR. WATERS: If you could turn to page 39, please. At 10:20:08, what happens, if anything, with Paul's phone?
PETER RUDOFSKI: Paul's IPhone, it shows display on, screen auto lock.
MR. WATERS: Screen auto lock?
PETER RUDOFSKI: That is correct.
MR. WATERS: And what is your understanding again of auto lock?
PETER RUDOFSKI: My understanding of auto lock, so the phone is already locked but it's just an automatic feature that when the screen turns on, it auto locks. It just logs in as auto locks even though it's already locked.
MR. WATERS: Would that be from not recognizing the face?
PETER RUDOFSKI: Either a face or, you know, pushing the button on the side, yeah.
MR. WATERS: What's in the next entry on your timeline after that screen on auto lock on Paul's phone at 10:20:08?
PETER RUDOFSKI: After --
MR. WATERS: The very next entry at 10:21:25?
PETER RUDOFSKI: Alex calls Rogan. So, at 10:20:08 we have that screen lock auto on, and at 10:21:25 Alex calls Rogan Gibson.
MR. WATERS: And in preparing this timeline here today for the jury and for this investigation, what was your specific job with that timeline?
PETER RUDOFSKI: Specific job was just to take all of the data that we collected throughout this whole investigation and put it in one concise document.
MR. WATERS: Synthesize it together on one timeline.
PETER RUDOFSKI: That is correct.
MR. WATERS: From multiple sources.
PETER RUDOFSKI: From multiple sources.
MR. WATERS: Provided to you by experts.
PETER RUDOFSKI: That is correct.
MR. WATERS: Thank you, Investigator Rudofski.
JUDGE NEWMAN: Anything further?
MR. BARBER: Briefly, Your Honor.
JUDGE NEWMAN: Yes, sir.
RECROSS-EXAMINATION
BY MR. BARBER:
MR. BARBER: I think there was some -- a question was asked about peak speeds to and from Moselle.
PETER RUDOFSKI: Uh-huh.
MR. BARBER: Did you look to see if he passed anyone on the way there or back?
PETER RUDOFSKI: What do you mean passed anyone? Like a vehicle?
MR. BARBER: Yes. That his car passed another vehicle on a two lane road?
PETER RUDOFSKI: I don't know how I would be able to tell that with this data.
MR. BARBER: So, you don't know if a very fast peak speed was simply gunning it to pass another car?
PETER RUDOFSKI: I do not. But that late night hour, I would think that would be -- with, you know, the area, not a lot of people out.
MR. BARBER: I mean, that's just total speculation. You don't know if there was another car --
PETER RUDOFSKI: Just like yours is total speculation --
MR. BARBER: Right.
PETER RUDOFSKI: -- when you pass someone.
MR. BARBER: You don't know.
PETER RUDOFSKI: That would be correct, yeah, I do not know.
MR. BARBER: You don't know if there were any other cars out there to pass. You don't know if he passing another car. You just don't know, do you?
PETER RUDOFSKI: I do not, just like with your first question.
MR. BARBER: And you also don't know why Paul's phone, the screen came on those two times at 10:18 or 10:20, do you?
PETER RUDOFSKI: I do not physically, no.
MR. BARBER: That second time that the phone came on was at that moment Alex was actually on the phone with John Marvin, correct?
PETER RUDOFSKI: At what time?
MR. BARBER: The second time that the phone came on, 10:20, and I believe it was 8 seconds.
PETER RUDOFSKI: So, at 10:20 and 8 seconds, that's when we had the display on, and at 10:21:25 Alex calls Rogan Gibson.
MR. BARBER: And at 10 -- when the display comes on, at that very second Alex Murdaugh was on his phone with John Marvin, correct?
PETER RUDOFSKI: If you do the math, I believe so, correct.
MR. BARBER: And this was also during a period in which, according to his phone, he's walking around, though again we don't know if he was walking that exact second. But it's during a period of steps, correct?
PETER RUDOFSKI: It's during a period, correct.
MR. BARBER: Walking around on the phone with John Marvin.
MR. BARBER: No further questions, Your Honor.
JUDGE NEWMAN: You may step down.
PETER RUDOFSKI: Thank you, sir.
(The witness exited the stand.)