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2023 Murder TrialtranscripttranscriptMike Sutton — Direct/Cross/Redirect/Recross/Voir Dire - Day 19 - 2023 Murder TrialDefense engineering expert Mike Sutton presented trajectory, acoustics, and vehicle-motion analyses, then faced challenges to his qualifications, assumptions, and methods. He maintained his principal conclusions before being excused, and the court recessed for the day.
David A. FernandezDick HarpootlianClifton NewmanMike SuttonCourt ClerkMike SuttonMr. HarpootlianJudge NewmanMr. FernandezCourt BailiffUnidentified Speakervoir_diredirectcrossredirectrecross
2023 Murder Trial/Day 19/February 21, 2023
2 pages·2 witnesses·3,233 lines
Defense engineering expert Mike Sutton presented trajectory, acoustics, and vehicle-motion analyses, then faced challenges to his qualifications, assumptions, and methods. He maintained his principal conclusions before being excused, and the court recessed for the day.
Proceedings
Voir DireMike Sutton - Voir DireLine 9
DirectMike Sutton - DirectLine 7
CrossMike Sutton - CrossLine 2
RedirectMike Sutton - RedirectLine 9
RecrossMike Sutton - RecrossLine 22
13:37:38

The witness, MIKE SUTTON, was first duly sworn and testified as follows:

23:37:45

COURT CLERK: If you'll have a seat up there on the witness stand. If you could, adjust that microphone and pull it closer to you if you need to. Pull your seat up, but state your name for the record and spell your last name, please.

33:38:10

MIKE SUTTON: Mike Sutton. S-u-t-t-o-n.

43:38:13

VOIR DIRE EXAMINATION

53:38:14

BY MR. HARPOOTLIAN:

63:38:15

MR. HARPOOTLIAN: Mr. Sutton, what do you do for a living?

73:38:17

MIKE SUTTON: I'm a forensic engineer.

83:38:18

MR. HARPOOTLIAN: A forensic engineer. Now, what is a forensic engineer?

93:38:23

MIKE SUTTON: Well, the majority of the work that I do involves the investigation of accidents and failures in the field of legal questions, legal problems, court of law. So, what forensic engineers do is they collect data, collect physical evidence, they interpret the data, and then try to come up with what happened in an event, maybe what didn't happen in an event. Or maybe you try to limit the possibilities of what happened in an event.

103:38:54

MR. HARPOOTLIAN: Okay, and do you have an educational background in this area, or are you trained or -- how about just tell us, first of all, where, as we say around here, where are you from?

113:39:06

MIKE SUTTON: Well, I was born in Hickory, North Carolina. Then I grew up in Cary. When I was young, my family moved to Cary, which is right outside of Raleigh. When I graduated from Cary High School, I went to North Carolina State University. And I was in the Materials Engineering Department for about a year, and my sophomore year I transferred over to the Mechanical Engineering Department. And so I was at NC State for my undergraduate from '84 to '88. And when I was a sophomore, I met an engineer whose name is Dr. Charles Manning who owns a company still in Raleigh. He's passed away but his company is still there. And Dr. Manning was an ex-professor at State. He's also an ex-NASA engineer. And I worked with him from basically 1987. Then after I graduated, I went full-time with him.

123:39:57

MR. HARPOOTLIAN: When you graduated, you graduated with a degree in what?

133:40:00

MIKE SUTTON: In mechanical engineering and --

143:40:01

MR. HARPOOTLIAN: Okay. You were working with him.

153:40:03

MIKE SUTTON: Working with him, and I continued to work with him. And then I got a Master's Degree at North Carolina State University, also in mechanical engineering with a concentration in acoustics and vibrations.

163:40:11

MR. HARPOOTLIAN: In acoustics and vibrations.

173:40:12

MIKE SUTTON: Correct.

183:40:13

MR. HARPOOTLIAN: Your Master's.

193:40:14
203:40:14

MR. HARPOOTLIAN: Okay, and then what did you do?

213:40:18

MIKE SUTTON: Well, I worked with him as a consulting engineering -- consulting forensic engineer looking at all different kinds of accidents and failures, about anything that you can imagine. We do a lot of motor accidents, of course, because there's so many. We look at structural failures, product failures, material failures, about anything that you can imagine basically. If there's anything that is based in physics, it's capable of being explained and understood.

223:40:46

MR. HARPOOTLIAN: And what do you mean by physics?

233:40:47

MIKE SUTTON: Well, physics is -- are the laws that govern how things around us, how they behave. You can predict the behavior. You know, if I drop a basketball off of a balcony, I can predict how long it's going to take to reach the ground based on all of the different variables. So, the laws of physics are there. That helps us figure out how things would have happened. So, I worked with Dr. Manning for awhile until 2000, the end of 2000. And in 2001 I founded my current company, which is based in Cary. It's call Accident Research Specialists, and we do --

243:41:26

MR. HARPOOTLIAN: What's the name of it again?

253:41:28

MIKE SUTTON: Accident Research Specialists in Cary, North Carolina, and we do the same thing. There are ten engineers that I work with and support staff, and we investigate, analyze a variety of cases for a variety of clients. Like I said, most of my work is related to either criminal cases or civil cases, and I do some consulting that's not related to courtroom issues, just straight consulting to companies.

263:41:54

MR. HARPOOTLIAN: Have you from time to time dealt with shooting incident reconstruction?

273:41:59

MIKE SUTTON: Yes, I have.

283:42:00

MR. HARPOOTLIAN: And tell the jury what shooting incident reconstruction is.

293:42:02

MIKE SUTTON: Well, the shooting incident reconstruction, at least how I'm involved with it, I deal with what would be with called external ballistics and terminal ballistics. So, external ballistics are the flight of a bullet after it leaves the gun. A bullet leaving the barrel of a gun, it's going to be affected upon by gravity, air resistance, so that's just physics. And then there's terminal ballistics, which is what happens to a projectile when it strikes the target or an object.

303:42:32

MR. HARPOOTLIAN: And how many times have you been involved in a case involving shooting incident reconstruction?

313:42:40

MIKE SUTTON: I would say over the years maybe fifty, and all different kinds. Like, for instance, it could be a case where a manufacturer is being sued for, like, a drop fire where somebody dropped a pistol and it went off and killed them.

323:42:53

MR. HARPOOTLIAN: That's not supposed to do that.

333:42:53

MIKE SUTTON: No, and so it could be a products case. I've worked on cases involving hunters, you know, long range distance shots where you're trying to figure out where a particular hunter was aiming the gun so he -- where he hit and killed somebody. I've worked certainly in law enforcement shootings. I've worked for law enforcement, and I've worked on the side opposite law enforcement for people who have been shot by law enforcement. I worked on insurance cases. Sometimes there's a question about whether it was a suicide or an accident. So, those are the types of cases that I would be involved with.

343:43:28

MR. HARPOOTLIAN: And when you do these cases, you're looking for -- what's the difference between you and a crime scene reconstructionist?

353:43:36

MIKE SUTTON: Well, crime scene reconstructionist would be looking at a lot of different things. I'm a mechanical engineer. I deal with physics, but somebody who works a crime scene may have also a background in chemistry, and they may be using different reagents to find blood or gunshot residue. That's not what I do, but I physically reconstruct a site. One of the main things that we do in forensic engineering, such as myself, accident reconstruction, is what it is, is that we have the ability to go and capture data, collect facts from a site, whether it's an accident or a murder or what have you. And then what we do is we interpret what we're finding and try to, again, put ourselves in a position to answer questions about how an event occurred, or maybe limit what could have occurred, or maybe what didn't occur.

363:44:26

MR. HARPOOTLIAN: Okay. So, have you ever been qualified by a state or federal court to testify about a shooting incident reconstruction, for instance, in Wake County, North Carolina?

373:44:42
383:44:42

MR. HARPOOTLIAN: And what was that -- was that in federal court?

393:44:46

MIKE SUTTON: That was in federal court.

403:44:47

MR. HARPOOTLIAN: And were you allowed to testify as an expert?

413:44:52
423:44:53

MR. HARPOOTLIAN: Okay. Now, let me move on to -- and I believe the name of that case is Michael Morgan v. Wake County Sheriff's Office, correct?

433:45:02

MIKE SUTTON: That is correct.

443:45:03

MR. HARPOOTLIAN: And that was in 2018.

453:45:05
463:45:05

MR. HARPOOTLIAN: Now, you've been involved in many more cases. Have you ever been qualified additionally to that by any federal or state court to testify about a shooting incident?

473:45:14

MIKE SUTTON: Yes. I have testified in other criminal trials where the questions were, just as I said -- which is where was the weapon aimed, maybe how many shots were fired, where were the shots fired from, maybe the sequence of shots. Again, this is all, you know, developing and understanding of what the physical evidence tells you.

483:45:34

MR. HARPOOTLIAN: Okay. So, let me move to a second area of expertise I'm going to ask you about. Tell us about what acoustics engineering is.

493:45:43

MIKE SUTTON: Well, acoustics and vibrations, or acoustics specifically, is part of mechanical engineering. It's the study of how sound moves, how it's made, how it may be -- how a sound may decrease over distance, the effect of sound on people. It's obviously something real important because if you're exposed to sound for long periods of time, you can lose part of your hearing. So, it is a subset of mechanical engineering. And so I have testified in cases involving acoustics. And my Master's paper was in the area of something that I do quite often, which is audibility of emergency vehicles. Like if the police car has a siren on and you're driving up to an intersection and you've have got the radio on, can you hear the siren or can you not hear the siren? Maybe it makes a difference if your window is up or down, those types of issues. So, the audibility of noise.

503:46:37

MR. HARPOOTLIAN: To do that kind of analysis, do you have to do some sort of reconstruction often times?

513:46:41

MIKE SUTTON: Yes. Often with acoustics, you can definitely look at it theoretically, but I typically test it because it's something that is readily testable.

523:46:49

MR. HARPOOTLIAN: Okay, and you've been qualified, again, in at least one state. Have you been qualified many -- multiple times to testify as to the acoustical engineering?

533:47:00
543:47:00

MR. HARPOOTLIAN: And one of those cases was Coutlakis v. CSX in state court in Richmond, Virginia. Is that correct?

553:47:11
563:47:12

MR. HARPOOTLIAN: And many other times, also?

573:47:14
583:47:15

MR. HARPOOTLIAN: Okay. The last area of expertise -- all of these are engineering related, correct?

593:47:21

MIKE SUTTON: They are.

603:47:22

MR. HARPOOTLIAN: Is accident reconstruction involving vehicles.

613:47:25
623:47:26

MR. HARPOOTLIAN: And you've done that more than you probably have done the other two, correct?

633:47:30

MIKE SUTTON: It is. Motor vehicle accidents, and again it's just because there are so many of them. Throughout my career of thirty-six years, I've looked at probably a couple thousand motor vehicle wrecks.

643:47:42

MR. HARPOOTLIAN: And, again, you apply these same principles, data, and then you do engineering analysis of mathematics, trigonometry, those kinds of things. Is that correct?

653:47:53
663:47:53

MR. HARPOOTLIAN: And you have been qualified multiple times on that issue.

673:47:55
683:47:56

MR. HARPOOTLIAN: As an expert to give an opinion.

693:47:57
703:47:57

MR. HARPOOTLIAN: And, again, going back to the other two, you've been qualified as an expert to give an opinion by many courts, several courts in shooting incident reconstruction, acoustics engineering, and in motor vehicle reconstruction. Is that correct?

713:48:11

MIKE SUTTON: Yes, it is.

723:48:13

MR. HARPOOTLIAN: Your Honor, I move that this witness be qualified as a witness -- an expert in the three areas I just mentioned.

733:48:23

JUDGE NEWMAN: What says the State?

743:48:25

MR. FERNANDEZ: No objection.

753:48:26

JUDGE NEWMAN: He's admitted without objection as an expert in the fields that he's offered.

763:48:32

DIRECT EXAMINATION

773:48:32

BY MR. HARPOOTLIAN:

783:48:33

MR. HARPOOTLIAN: Okay. So, let's start off with the shooting incident reconstruction, okay?

793:48:43
803:48:45

MR. HARPOOTLIAN: Now, have you prepared a PowerPoint -- well, let's back up. Strike that. Were you hired by myself and Mr. Griffin to do some analysis on what occurred at Moselle that resulted in the deaths of Paul and Maggie Murdaugh?

813:49:12
823:49:13

MR. HARPOOTLIAN: And what is -- let's first of all talk about what's generally -- what is the process generally and then we're going to put the PowerPoint up, or do you want me to put the PowerPoint up first?

833:49:20

MIKE SUTTON: I can speak to that generally.

843:49:21
853:49:22

MIKE SUTTON: So, I think I mentioned it earlier, but really the first steps in any investigation, if it's a little investigation, big investigation, my job and the people I work with and people in other companies that do what we do, you go collect facts. And in this case this is -- and this is typical. Facts were collected. The crime scene was processed. There were a lot of pictures taken, things like that, by SLED, so that's one place that I can get facts. I typically do -- and I did in this case -- I go collect facts myself, so I went to Moselle. And it had changed. I went there about eighteen months after the murders. I went in October of '22, but I was able to measure the Moselle property and look at the physical evidence, what was remaining, and then I was able to use that in conjunction with what SLED had done because SLED had collected a lot of evidence at the scene that I looked at.

863:50:24

MR. HARPOOTLIAN: Now, some of the evidence collected by SLED that you looked at were measurements made by SLED Agent Worley either the night of or soon after the incident to things like shell casings, right?

873:50:38

MIKE SUTTON: That is correct.

883:50:39

MR. HARPOOTLIAN: And there's also pictures of those shell casings, correct?

893:50:42
903:50:43

MR. HARPOOTLIAN: And also the location of Maggie's body and Paul's body or measurements done on both of those, correct?

913:50:53
923:50:54

MR. HARPOOTLIAN: And did Agent Worley also find two bullet holes, one in the dog house, one in the quail pen?

933:51:00
943:51:01

MR. HARPOOTLIAN: And did she take measurements there?

953:51:04

MIKE SUTTON: She did.

963:51:06

MR. HARPOOTLIAN: And were those important to your calculations?

973:51:08

MIKE SUTTON: They were. It was what I was looking at, at least to my role in look at the crime scene or the site of the crime, the questions that I was being asked.

983:51:22
993:51:24

MR. HARPOOTLIAN: Can we have the PowerPoint, please?

1003:51:29

(Break in proceedings.)

1013:51:30

MR. FERNANDEZ: Your Honor, I object to showing this. Nothing has been entered --

1023:51:38

MR. HARPOOTLIAN: Oh, I apologize. I got ahead of myself. This is a disk of the PowerPoint. Any objection?

1033:51:50

(Break in proceedings.)

1043:51:52

MR. FERNANDEZ: No objection.

1053:51:55

MR. HARPOOTLIAN: Your Honor, we offer into evidence Defendant's Exhibit Number 143 without objection, I believe.

1063:52:04

JUDGE NEWMAN: It's admitted without objection apparently.

1073:52:08

(POWERPOINT MARKED AS DEFENDANT'S EXHIBIT NUMBER 143 WAS RECEIVED INTO EVIDENCE.)

1083:52:14

MR. HARPOOTLIAN: And, Your Honor.

1093:52:16

MR. HARPOOTLIAN: Okay. Let's just walk through the PowerPoint.

1103:52:20

MR. HARPOOTLIAN: Go to the next slide, please.

1113:52:24

MR. HARPOOTLIAN: Okay. Now, this is titled shot trajectories as measured by Special Agent Worley. Are these what we're talking about, the measurements she made?

1123:52:33
1133:52:34
1143:52:34

MR. HARPOOTLIAN: Next slide, please.

1153:52:36

MR. HARPOOTLIAN: Quail pen.

1163:52:38
1173:52:39

MR. HARPOOTLIAN: Now, what are we looking at here?

1183:52:41

MIKE SUTTON: So, this is what I call the quail pen, and it's a small animal cage it's been referred to, but it's a bird cage. And it's up against the building, or the barn, or the hangar. I think it's been called several things. It's up underneath the roof.

1193:52:55

MR. HARPOOTLIAN: Okay. Now, if you went perpendicular to that, would you run into the dog kennels?

1203:53:02
1213:53:03

MR. HARPOOTLIAN: Okay. So, this is across from the dog kennels, and that is the quail pen.

1223:53:10

MIKE SUTTON: Yes, and this particular photograph was taken the night of the murders. So, the first few pictures just show the points of evidence that were of interest to me. And then what happened later on, it was the next month -- I believe was July the 6th -- Special Agent Worley went back and actually took some measurements. It's -- she used basically a common technique where you try to get more information about these bullet holes.

1233:53:36
1243:53:37
1253:53:38

MR. HARPOOTLIAN: And what is this we're looking at?

1263:53:40

MIKE SUTTON: It's a little bit closer view of the quail pen. And what you have there on the side of the quail pens, it would be the side that's really facing the crime scene.

1273:53:47
1283:53:47

MIKE SUTTON: It's made out of like a fiberboard, a little bit more robust than cardboard. It's like a fiberboard so you can penetrate is easily, and there was a bullet hole basically in the center of it.

1293:54:01
1303:54:02

MR. HARPOOTLIAN: Next slide.

1313:54:03

MR. HARPOOTLIAN: That would be that bullet hole?

1323:54:04

MIKE SUTTON: That is the bullet hole. And if you were able to zoom in a little bit and look carefully, you would be able to see what's called a bullet wipe. It's down -- it's -- you know, if that was a tiny little clock, it would be just under 3:00. And so when I looked at that, it looked like the bullet was on an upward trajectory, a small one but an upward trajectory. And what the bullet wipe is, is when the bullet comes out of the barrel of the gun, it's going to have products of the bullet being fired. And when it enters sheetrock, or a car door, or a piece of plywood, you commonly see that lead-in mark where the bullet goes into a piece of the material.

1333:54:46

MR. HARPOOTLIAN: Can we make that bigger? There we go. Okay.

1343:54:48

MR. HARPOOTLIAN: So, how about just step down here just a second, and there's a pointer right behind you.

1353:54:53

MR. HARPOOTLIAN: Your Honor, may he step down?

1363:54:55
1373:54:55

MR. HARPOOTLIAN: Okay, grab that pointer right there. And would you point out for the jury, please, that -- you call a bullet wipe?

1383:55:05

MIKE SUTTON: So, when you look at the entry -- the entrance of a bullet hole into a surface like this, and this is the piece of gray cardboard. There's some tearing here, but if you look here in the side, that's what's called the bullet wipe mark, and that shows you the direction that it's coming from. So, it's coming from where I'm standing. And it's a little bit below -- like if you could draw a straight line through there, that would be even with the horizon. It's a little bit below that. So, right away that told me that this bullet, when it penetrated this piece of material here, that it was traveling upwards and from right to left.

1393:55:48
1403:55:49

MR. HARPOOTLIAN: Let me see the next slide just in case. Okay. Any way to make that a little bigger?

1413:56:03

(Break in proceedings.)

1423:56:04

MR. HARPOOTLIAN: While he's doing that, what are we looking at here?

1433:56:06

MIKE SUTTON: This is a photograph from Special Agent Worley's trip to the crime scene. I think it was the next month, July the 6th.

1443:56:16

MR. HARPOOTLIAN: And what's going on here?

1453:56:18

MIKE SUTTON: So, this, this bullet, it penetrates this quail pen and actually goes through the wall of the hangar, too. It goes through several layers of material. And a common technique to try to figure out why is the angle of that shot, you take something like this. Typically they're fiberglass so they don't bend. They're perfectly straight, and you insert that rod through the bullet hole, and then what you do is you measure this rod. So, right now she's measuring what's called the vertical angle. So, if I was measuring this -- the angle of the shot to the TV right here, so vertical angle is this way. Was the bullet going up? Or was it going down? Or was it going straight in?

1463:57:02

MR. HARPOOTLIAN: And what did that -- did you look at the close-up picture of that, and did you also look at her notes?

1473:57:10
1483:57:10

MR. HARPOOTLIAN: And what were her -- what was her conclusion about the angle? You say vertical angle, the angle going into the quail pen, was it going up? Was it going down? And by -- I guess it gave you some degrees, correct?

1493:57:25

MIKE SUTTON: Correct.

1503:57:25

MR. HARPOOTLIAN: Okay. So, was it going up or down?

1513:57:28

MIKE SUTTON: It was going up.

1523:57:30

MR. HARPOOTLIAN: At what degree?

1533:57:31

MIKE SUTTON: So, the bullet was traveling upwards, which is consistent with what I just showed you on the previous pictures. So, her measurement that's going up is consistent. She recorded in her notes that that was 3 degrees going up, so pretty flat. But the bullet was traveling upwards. But there are two pictures. She has one picture of it at 3 degrees, and one at 1 and a half degrees. So, pretty close but two different trajectories. And later on I looked at the difference between the 1 and a half and the 3.

1543:58:04
1553:58:04

MIKE SUTTON: And we can -- that will come up later. But for the purposes of me understanding what was going on here, I considered both 1 and a half and 3.

1563:58:14

MR. HARPOOTLIAN: And while and a half or 3 is not a steep incline as it goes in, if you project that back, it's going to have -- it can go 10 feet. It's going to make --

1573:58:23

MR. FERNANDEZ: Object to the form.

1583:58:25

MR. HARPOOTLIAN: As it projected back, what, if any, difference is there on that firearm trajectory?

1593:58:31

MIKE SUTTON: Okay. Well, the reason this is interesting is because it's an upward traveling bullet. So, if you think about the path of this bullet for all purposes here, because we're talking about maybe 50 feet in this crime scene, it's not 400 yards. If it's 400 yards, the bullet has a curved trajectory. So here, because the area that we're considering is so small that, for all intents and purposes, it's a flat trajectory, which means that the barrel of the gun was on the same angle as that rod. Okay? And it's going down, which means if you extend that rod -- if you're able to extend that rod some distance, it's going to go into the ground. So, if it goes in the ground -- obviously the gun can't be underground. So, you know that the shooter who fired the weapon that sent the bullet in the quail pen has to be on that line. So, the weapon has to be on that line, and it's going to go into the ground at some point. So, that is a good piece of information because that locks the location of the shooter at least for one shot.

1603:59:41

MR. HARPOOTLIAN: And I believe Agent Worley identified -- I'm sorry, strike that. What, if any, caliber or kind of weapon did Agent Worley deduce that fired that bullet?

1613:59:54

MIKE SUTTON: This was the 300 Blackout.

1623:59:55
1633:59:55

MR. HARPOOTLIAN: Now go to the next slide, please.

1644:00:00

(Break in proceedings.)

1654:00:02

MIKE SUTTON: This is just another measurement. This may be the one that's pushed 1 and a half degrees, but you can see this is called -- they call it trajectory rods, which again is inserted through the multiple paths of the bullet as it went through things.

1664:00:17

MR. HARPOOTLIAN: So as you look at that device, whatever that's called, one of them shows 1 and a half, one of them shows 3, and she wrote down 3?

1674:00:27

MIKE SUTTON: Correct.

1684:00:28
1694:00:29

MR. HARPOOTLIAN: Next, please.

1704:00:31

MR. HARPOOTLIAN: What is this?

1714:00:32

MIKE SUTTON: Same thing. I'm just showing the -- kind of the different -- the different readings that she got here. It was within the range.

1724:00:44
1734:00:45

MIKE SUTTON: So, the same answer for these.

1744:00:48
1754:00:49
1764:00:51

(Break in proceedings.)

1774:00:52

MR. HARPOOTLIAN: Okay. So, what are we looking at now?

1784:00:54

MIKE SUTTON: This will explain a little bit better.

1794:00:55

MR. HARPOOTLIAN: Can you give me -- make that a little bigger, please?

1804:01:00

(Break in proceedings.)

1814:01:01

MR. HARPOOTLIAN: Okay. So, what are we look at here?

1824:01:05

MIKE SUTTON: This is to show the trajectory rod. It comes in. We've been look at this side right here, but if you look inside, you see it kind of goes through the cage, and it goes through the back of the cage, and it actually goes into the hangar of the barn. It goes through the siding and then the plywood.

1834:01:20

MR. HARPOOTLIAN: So, that is that same rod except that's the inside going out.

1844:01:26

MIKE SUTTON: That's the inside. I was just trying to show the technique, and this technique is a technique that is used often. There are other ways to do it, and you may talk about it later, but this is a technique that's often used to come up with this line of fire, or the path that that bullet took, because if you consider the path of the bullet, you may be able to conclude something.

1854:01:50
1864:01:50
1874:01:51

(Break in proceedings.)

1884:01:52

MIKE SUTTON: It's just more of the same. This is the trajectory rod inside the cage of the quail pen.

1894:01:59
1904:02:00

MIKE SUTTON: More of the same.

1914:02:02
1924:02:03

MIKE SUTTON: More of the same.

1934:02:05

MR. HARPOOTLIAN: But these are -- okay. Wait one second. So, these pictures depict that rod coming from the outside, going through the quail pen, and through the wall behind the quail pen.

1944:02:19

MIKE SUTTON: That's correct.

1954:02:20

MR. HARPOOTLIAN: And that's -- you put that rod through, and then you can make some measurements outside the trajectory, correct?

1964:02:26

MIKE SUTTON: That's correct.

1974:02:28

MR. HARPOOTLIAN: Next, please.

1984:02:30

MR. HARPOOTLIAN: Now, what is that device on there?

1994:02:33

MIKE SUTTON: This is called a zero edge protractor. So, the protractor is going to measures 0 to 180 degrees. So, this is -- Special Agent Worley puts it up against the side of the quail pen and drop a thumba down so you can get what's called the azimuth. An azimuth is just your compass direction. So -- because without the azimuth -- and this is about 41 degrees coming in from where I'm standing. So, you know, 45 degrees would be here. There's 41 degrees. 90 degrees would be straight in. So, what that does is it tells you the direction of this line.

2004:03:10

MR. HARPOOTLIAN: So, you know -- at that point you know whether it's going up or down, and you know whether it's coming from the left or the right.

2014:03:16

MIKE SUTTON: That's correct.

2024:03:17

MR. HARPOOTLIAN: And as we look at that quail pen, is it coming from over here to the left, or is it coming from the right?

2034:03:25

MIKE SUTTON: Well, it's coming from over here to the right.

2044:03:26
2054:03:27

MIKE SUTTON: And then to determine exactly how, you need to go back and kind of look. You have to do it to scale, of course, right?

2064:03:34
2074:03:34

MIKE SUTTON: So, you have to create a scale diagram, or do what we typically do, which is we scan.

2084:03:39
2094:03:39

MR. HARPOOTLIAN: Let me see the next one.

2104:03:44

MR. HARPOOTLIAN: And is that just a close-up of the measurement, the angle?

2114:03:47

MIKE SUTTON: Yes, and you can see here that it's 41 degrees.

2124:03:52

MR. HARPOOTLIAN: 41 degrees?

2134:03:53

MIKE SUTTON: And that's what she recorded in the notes.

2144:03:57
2154:03:57
2164:03:59

MR. HARPOOTLIAN: Now, this is the dog kennels. And in a minute we're going to see a 3D rendition of this so the jury can get a little better idea of where everything is.

2174:04:07
2184:04:07

MR. HARPOOTLIAN: But let's go ahead and talk about the dog house.

2194:04:11
2204:04:12

MR. HARPOOTLIAN: So, tell me what you see there.

2214:04:15

MIKE SUTTON: So, the dog house had a bullet hole in it. It was pretty low to the ground. It was about 5 and a half inches above the ground, 3 inches up from the bottom of the siding on the dog house, and this bullet hole was going downwards, 14 degrees down, and it had an angle slightly to the left. And so kind of the same way that you can think about the one that was going up, you think about the one that's going down. So, if you put a trajectory rod, and you'll see that in a second, it's going to be sticking upwards like that, so you can go up that trajectory rod to a point where it makes no sense. Like the shooter would have to be on a ladder, right? So, what that does is it tells you where that shot came from, and it puts a limit on where that shooter could be. You know, just the same way that the shot trajectory would disappear into the ground makes no sense. You know, shot trajectory that's up to 10 feet doesn't make any difference either -- I mean, doesn't make any sense.

2224:05:17
2234:05:17

MR. HARPOOTLIAN: Let me see the next slide.

2244:05:19

MR. HARPOOTLIAN: Okay, and what is that?

2254:05:20

MIKE SUTTON: That is the 300 Blackout projectile. It went into the dog house, went into a dog bed, so you're able to dig it out, so you can see that here. So, again, these are the night of the murders.

2264:05:31

MR. HARPOOTLIAN: So, if it doesn't go through the back wall, how does one get a trajectory off of that?

2274:05:37

MIKE SUTTON: Well, in this particular case the siding was thick enough where Agent Worley was able to put a dowel rod, or a trajectory rod into that hole unlike the quail pen, which is very thin. So, a very thin material is considered thin if the thickness of that material is much less than the length of the bullet.

2284:06:00

MR. HARPOOTLIAN: Right here?

2294:06:01

MIKE SUTTON: So, in a thin material -- there's some special considerations with thin materials versus thick materials, but the dog house had siding and wood construction, so it's thicker. So, a thick materials is going to be more in line with the length of the bullet and even longer. So, you can still get the trajectory with reasonable accuracy in this particular case.

2304:06:23

MR. HARPOOTLIAN: Next slide, please.

2314:06:25

MR. HARPOOTLIAN: Okay. Now, what is that?

2324:06:26

MIKE SUTTON: This is the same process here, the dog house where --

2334:06:30

MR. HARPOOTLIAN: Can you blow that up for me, please? There you go.

2344:06:33

MR. HARPOOTLIAN: So, what do we see?

2354:06:35

MIKE SUTTON: This is the trajectory rod. This is a dial protractor. It just uses gravity to tell you what the angle is.

2364:06:44

MR. HARPOOTLIAN: And what was the angle?

2374:06:45

MIKE SUTTON: 14 degrees down.

2384:06:46

MR. HARPOOTLIAN: Coming in at a 14 degree -- the bullet is coming --

2394:06:48

MR. HARPOOTLIAN: There you go.

2404:06:49

MR. HARPOOTLIAN: It's coming in -- it's coming down into the dog house at a 14-degree angle.

2414:06:55

MIKE SUTTON: That's correct.

2424:06:56
2434:06:57

MR. HARPOOTLIAN: Next, please.

2444:06:58

MR. HARPOOTLIAN: And what is this?

2454:07:00

MIKE SUTTON: Zoomed in so you can see. So, there's 90, and it's over at about 76 degrees or so.

2464:07:07

MR. HARPOOTLIAN: So, it's a 14-degree downward path.

2474:07:10
2484:07:10
2494:07:11

MR. HARPOOTLIAN: Now, this is that thumba and azimuth thing, right?

2504:07:15

MIKE SUTTON: Azimuth. So, if this is -- this shows you the compass direction of the shot, where it's coming from, and here it's -- she measured 7 degrees, she recorded 6 degrees off of there, but it's somewhere in there. All you really got to know, it's not straight into the dog house. It's a little bit of an angle, about 6 or 7 degrees.

2514:07:38
2524:07:38
2534:07:39

MR. HARPOOTLIAN: And that's just a close-up of the same thing.

2544:07:41

MIKE SUTTON: Yeah, so there's 90. So, the thumba would be right here if it was going straight into the dog house, but it's a little bit to the left.

2554:07:49

MR. HARPOOTLIAN: About 6 or --

2564:07:50

MIKE SUTTON: 6 or 7 degrees.

2574:07:52
2584:07:53
2594:07:54

MR. HARPOOTLIAN: Now, tell me what this is.

2604:07:56

MIKE SUTTON: So, this is Agent Worley's diagram, and it's not to scale. And these are just the lines that I drew in to begin with, you know, before I really did much work in the case. And it's clearly not to scale because, for instance, from the small animal cage, that pole is 24 feet, about, and you can see that Maggie's body is, you know, 17 feet long. You know, it's -- but it says not to scale. But what that doesn't do for you, it really doesn't tell you, okay, we went through all of that trouble and measured these, and what does it tell you? And what I noticed was this, is that there was two shots, and one was into the dog house, which was facing this way, and one was into the quail pen, which is, like, facing the way this desk here -- that's two totally different directions. So, the first thing that would be good to do is to draw those lines backwards and see where they cross, right? And where they can cross, is there anything of interest there, right? Are they footprints or something? In this case there was, but -- not footprints. But that's what you do here. And so the thing you're looking at is, is let's figure out what this is telling us, which it is these two lines are going to cross somewhere.

2614:09:18

MR. HARPOOTLIAN: Well, and this is not to scale, so it doesn't tell you much.

2624:09:22

MIKE SUTTON: It doesn't really tell us much because they don't cross at the right spot.

2634:09:26

MR. HARPOOTLIAN: Right, but in terms of the relationship of different objects, we see the quail pen, and it looks like it is, again, perpendicular to the dog kennels, correct?

2644:09:39
2654:09:40
2664:09:41
2674:09:43

MR. HARPOOTLIAN: Okay. So, this is your reconstruction. Maybe ought to go ahead and take your -- do you want to do it from down there or up there?

2684:09:50

MIKE SUTTON: I can stay up there.

2694:09:52

MR. HARPOOTLIAN: Let me see what this does. Go ahead.

2704:09:55

MIKE SUTTON: This is a AVI file.

2714:09:57

MR. HARPOOTLIAN: This is a --

2724:09:59

MIKE SUTTON: Well, I can explain --

2734:10:00

MR. HARPOOTLIAN: Was it a video?

2744:10:02

MIKE SUTTON: It is a video.

2754:10:04

MR. HARPOOTLIAN: Yeah. Go ahead and play it.

2764:10:06

MR. HARPOOTLIAN: And then we may play it again and explain it after they look at it.

2774:10:13
2784:10:15

(The video was played.)

2794:10:18

MR. HARPOOTLIAN: Okay. Stop is right there for me, can you? Stop is right -- there you go.

2804:10:29

MR. HARPOOTLIAN: So, we see the dog house, the quail -- point where -- we just flew by it --

2814:10:39

MR. HARPOOTLIAN: Go ahead and start it.

2824:10:43

(The video was played.)

2834:10:46

MR. HARPOOTLIAN: So as we get right -- stop it right -- not yet, not yet, not yet, not yet. There. Stop it.

2844:10:54

MR. HARPOOTLIAN: Okay. So, we see the dog house. Point it out, please. We see the kennels. How about point those out? And the -- I don't see think we can see the quail pen yet but it's going to be up in there, correct?

2854:11:08

MIKE SUTTON: Yeah. So, the quail pen is against this wall.

2864:11:12
2874:11:12

MR. HARPOOTLIAN: Go ahead and start is it back up.

2884:11:16

(The video was played.)

2894:11:18

MR. HARPOOTLIAN: And stop it.

2904:11:20

MR. HARPOOTLIAN: Okay. So, show the jury again where the quail pen is.

2914:11:23

MIKE SUTTON: Here is the quail pen.

2924:11:24

MR. HARPOOTLIAN: And where is the dog house?

2934:11:25

MIKE SUTTON: The dog house is right here.

2944:11:26
2954:11:27

MR. HARPOOTLIAN: Go ahead and start it up again.

2964:11:31

(The video was played.)

2974:11:33

MR. HARPOOTLIAN: Now, maybe I ought have you explain how you do this. You can go ahead and take the stand if you will, please.

2984:11:42

MIKE SUTTON: Yes, sir.

2994:11:43

MR. HARPOOTLIAN: Let me see the next slide, please, while he's going up there.

3004:11:46

(The video was played.)

3014:11:47

MR. HARPOOTLIAN: You don't need to come down for this. But this is called fly through with no roof. So, you eliminated the roof with the computer to show what it looks like and get a better sense of perspective. Is that right?

3024:12:03

MIKE SUTTON: That's correct.

3034:12:04

MR. HARPOOTLIAN: And is this to scale?

3044:12:05

MIKE SUTTON: It is to scale. It's very accurate. It's kind of the modern way to measure a site. It's -- scanning is used all over now, from dentist offices to everything, but --

3054:12:17

MR. HARPOOTLIAN: We'll talk in just a minute about how you put this together and the process of developing it. Okay.

3064:12:23

MR. HARPOOTLIAN: How about let that one go.

3074:12:25

MR. HARPOOTLIAN: This is without -- you took the roof off of the shed, correct?

3084:12:30
3094:12:31
3104:12:32
3114:12:33

(The video was played.)

3124:12:35

MR. HARPOOTLIAN: You can see the dog house. You can see the quail pen. You can see where Maggie's body was. And you can see where Paul's body was, correct?

3134:12:48
3144:12:49

MR. HARPOOTLIAN: Okay. Let's do that one more time.

3154:12:55

(The video was played.)

3164:12:57

MR. HARPOOTLIAN: That would be Maggie's body near the dog house?

3174:13:03
3184:13:04

MR. HARPOOTLIAN: And that would be -- that would be Paul's body over here, correct?

3194:13:12

MIKE SUTTON: That is correct.

3204:13:14
3214:13:15

MR. HARPOOTLIAN: Keep going.

3224:13:18

(The video was played.)

3234:13:20

MR. HARPOOTLIAN: And why did you do this particular visual? What is that? Does that make it easier to see where everything is relative to each other?

3244:13:26

MIKE SUTTON: Yes. In the scan, you can just cut the roof of. It just makes things easier to see. The roof -- the roof was of no importance to me.

3254:13:35
3264:13:37
3274:13:38

MR. HARPOOTLIAN: Now, tell me what this represents.

3284:13:42

MIKE SUTTON: Well, this is where I start constructing some lines. And this is just an overall shot looking straight down. Like this is a bird's eye view of the scan, and the dog kennels are in the bottom right, and the hangar, the barn is kind of the center top of the picture. And it's just -- there's nothing really, you know, of this particular shot. It just illustrates what you can do and what I did. For instance is I drew some white lines in there. Those are measurement bars. One is 25 feet long, one is 50 feet long, but the scan itself, you can measure very accurately anywhere in the scan because this is not a picture. What it is are the points. And there's so many points, there's millions of points, and there's so many points when you put them together it actually looks like an object, like a three dimensional object.

3294:14:33

MR. HARPOOTLIAN: So, let me ask you this. The State -- it's been a month, so we may not all remember. The State had -- it's called a FARO --

3304:14:42

MR. FERNANDEZ: Object to leading, Your Honor.

3314:14:44

MR. HARPOOTLIAN: What is this called?

3324:14:45

MIKE SUTTON: It's a -- we call them FARO scan. FARO is the company that builds the scanner. There are other companies like Nikon that make scanners, but a FARO scan is a laser scanner. And what it does is it sends out a laser and when that laser hits an object, it returns back to the scanner. It gets reflected back. Depending on how much time that takes, it can figure out how far away that object is, and we're talking about a very small point. And then what it does is it -- because the scanner is spinning around this way and a mirror is spinning this way, it knows where that point is in space. And then what it also does to make it look better, it spins the camera around, and then the camera applies more information on these points, so what you end up with are millions of points. Like if you scan the front yard of this courthouse you would get trees, you would get signs, you would get people kind of ghosting by as they walk through the scan, so it just picks up everything.

3334:15:46

MR. HARPOOTLIAN: So, does law enforcement use FARO?

3344:15:49

MIKE SUTTON: Yes. They did do a FARO scan. I have seen their fly through like we just showed you, but that's the only thing that I've seen. So, they did -- and, again, it is a common technique people in our field use to measure things because you don't have to take 100 measurements with a tape measure, and it's much more accurate.

3354:16:06

MR. HARPOOTLIAN: And SLED, I believe you just said, did a FARO scan of the same murder scene.

3364:16:11

MIKE SUTTON: They did.

3374:16:12

MR. HARPOOTLIAN: And I think we played it. It's been a month, but I think I played it a month ago, but --

3384:16:20

MR. FERNANDEZ: Objection, Your Honor. Testifying.

3394:16:22

JUDGE NEWMAN: The objection sustained.

3404:16:23

MR. HARPOOTLIAN: At some point in this trial, have you -- are you familiar with the fact whether a FARO -- their FARO scan, SLED's FARO scan was played?

3414:16:32
3424:16:33

MR. HARPOOTLIAN: Okay, and is their FARO scan as detailed as yours?

3434:16:37

MIKE SUTTON: I would have to compare them, but it should -- it should basically be the same thing. Their scan and our scan should be the same because it's a highly precise instrument, and --

3444:16:47
3454:16:47

MR. HARPOOTLIAN: Let's go to the next slide.

3464:16:49

MIKE SUTTON: -- the only difference would be they did it in July.

3474:16:52

MR. HARPOOTLIAN: And you did it in --

3484:16:53

MIKE SUTTON: October of '22.

3494:16:54

MR. HARPOOTLIAN: Okay. Now, what does this depict?

3504:16:56

MIKE SUTTON: So, the next thing I wanted to do, other than reconstruct the shot trajectories like we said before, I wanted to know where the evidence markers were. So, what this here is, I took Special Agent Worley's measurements. She had measured to a bunch of different things, including the head and feet of the victims, and then also to those little yellow evidence marker tags. And the evidence markers that I was most interested in were numbers two through seven, which would have been the empty cartridge cases from the 300 Blackout. But what I did was is I created a CAD diagram to scale of Agent Worley's measurements.

3514:17:37

MR. HARPOOTLIAN: Okay. What's a CAD diagram?

3524:17:39

MIKE SUTTON: It's a -- it's just computer aided drawing. It's a drawing package so you can do a scale diagram. Now, she did this just, you know, measuring from a pole or post and whatnot. But we have a technique -- when we scanned in '22, obviously these markers were not there, but we had lots of photographs of them. And so there's a methodology that we can use to where we can flatten the picture taken the night of the murders, and then we can match that to the scan, so then once you match that photograph to the scan, you can actually place in objects that no longer exist very accurately.

3534:18:18

MR. HARPOOTLIAN: Now this FARO program, is it -- you indicated it was used by SLED. Is it used by other law enforcement agencies?

3544:18:24
3554:18:24

MR. HARPOOTLIAN: It's very common. It is used by hundreds or thousands of them?

3564:18:29
3574:18:30

MR. HARPOOTLIAN: And they do the same process that you do?

3584:18:32
3594:18:32

MR. HARPOOTLIAN: Okay. So, once you got this -- and what is this? This is a -- tell me what that process is.

3604:18:42

MIKE SUTTON: Yes. So, this is Special Agent Worley's hand measurements.

3614:18:46

MR. HARPOOTLIAN: Put on a computer program.

3624:18:48

MIKE SUTTON: Put on a computer program. And because I wanted to put the evidence markers in my scan, and so you can -- you would have the scan of the Moselle property, but then I can put stuff in there, too. I could put a car in there, I could put a body, or I could put these evidence markers. So, I used this to check what we did was -- which we used photographs and the techniques of putting the evidence markers where they belong.

3634:19:14
3644:19:15

MR. HARPOOTLIAN: Next slide, please.

3654:19:17

MR. HARPOOTLIAN: What does this depict?

3664:19:19

MIKE SUTTON: So, what this is, is then I overlaid Agent Worley's drawing, the one that we just looked at, over my scan. And I used that -- if you were able to zoom in a little bit, I don't know if it's how -- it may be a little bit hard for you guys to see, but those circles with the crosses in them are Special Agent Worley's measurements. And then either touching them or inside of them are the evidence markers that got placed by what we call a reverse camera projection, which is just a fancy name of we can take the information from a photograph taken the night of the murders, and we can attach that to our scan, and then if we want to we can put missing objects in there, which is what we did here.

3674:20:09

MR. HARPOOTLIAN: Okay. Go ahead.

3684:20:11

MIKE SUTTON: There's an example of it there.

3694:20:12

MR. HARPOOTLIAN: Can you make that a little bigger, please?

3704:20:15

MR. HARPOOTLIAN: So, what is --

3714:20:16

MR. HARPOOTLIAN: Yeah, that's perfect right there.

3724:20:19

MR. HARPOOTLIAN: What does that show?

3734:20:20

MIKE SUTTON: It shows the same thing. So, we use a reverse camera projection method to get the yellow evidence markers in the scan. And you can see there Special Agent Worley's measurements are usually right beside it, but you have to remember she was probably stretching a tape measure, so it all makes sense. So, it agreed. So, what that tells you, you have a high degree of confidence that these markers are in the correct place.

3744:20:47
3754:20:48
3764:20:49

MR. HARPOOTLIAN: Now, what does this depict?

3774:20:51

MIKE SUTTON: Well, it's a -- it is a video, if you want to show the whole screen.

3784:21:00

MR. HARPOOTLIAN: Yeah, we need the whole screen. And play the video, please.

3794:21:03

(The video was played.)

3804:21:05

MR. HARPOOTLIAN: Okay, what are we seeing here?

3814:21:14

MIKE SUTTON: So, this is fading back and forth between the scan world, or the computer world, and reality. So, you can see there that that's a crime scene photo that was taken the night of the murders. And what that is doing is it's showing you the comparison between this world that we built to try to understand what was the physical evidence telling us.

3824:21:36

MR. HARPOOTLIAN: Well, the picture taken on the night of the murders, is this a complete picture, or have you dropped some things out?

3834:21:46

MIKE SUTTON: No, it's a complete picture. You know, they -- some items may have been moved by the time this picture was taken. I would have to go back and see exactly when it was taken.

3844:21:54

MR. HARPOOTLIAN: Oh, so this was taken -- this picture was taken by you in October.

3854:21:55

MIKE SUTTON: Oh, no, no. This is the night of the murders here.

3864:22:01

MR. HARPOOTLIAN: Okay. Okay.

3874:22:03
3884:22:04

MR. HARPOOTLIAN: Okay. So --

3894:22:06
3904:22:08

MR. HARPOOTLIAN: Quail pen shot trajectory. So, tell us what this is.

3914:22:14

MIKE SUTTON: Okay. So, I picked a place in the scan to start laying in those lines. So, now we've talked about how we built this up, so let's put the trajectory of the two shots that were measured and see what it tells us. And so I just chose a point. You're looking straight into the side of the dog house. The sheet in the foreground there would be Maggie's body. And then you can see the evidence markers. There's three, four, you can see five and six over by the sheet, and twelve is something else. I believe it was a -- it may have even been bullet fragments. But three, four, five, and six there are empty cartridge cases from the bullets that were fired.

3924:22:58
3934:22:58

MR. HARPOOTLIAN: Go back out a little for just a second. There you go.

3944:23:07

MR. HARPOOTLIAN: I see somebody standing over here on the right. What is that?

3954:23:13

MIKE SUTTON: That was probably one of -- one of my engineers, or somebody I work with, who was doing some other task.

3964:23:17
3974:23:18

MIKE SUTTON: So when you scan, if you stand still long enough, it will scan you.

3984:23:24

MR. HARPOOTLIAN: Scan you in. Okay.

3994:23:26
4004:23:27
4014:23:28

MR. HARPOOTLIAN: Now, what are those two green lines?

4024:23:31

MIKE SUTTON: The two green lines are the shot trajectories into the quail pen.

4034:23:33

MR. HARPOOTLIAN: And why are there two?

4044:23:34

MIKE SUTTON: Because one is at 1 and a half degrees up, and one is at 3 degrees up.

4054:23:43

MR. HARPOOTLIAN: Okay, and this projection -- I mean, in terms -- I understand you took the dowel that she put through the hole --

4064:23:53

MR. FERNANDEZ: Object to the leading.

4074:23:55

JUDGE NEWMAN: Objection is sustained.

4084:23:56

MR. HARPOOTLIAN: Sorry, Your Honor. I'm just trying to get it in terms I understood it. Let me see if we can get to the same place.

4094:24:03

MR. HARPOOTLIAN: Tell us what that depicts in terms that I can understand.

4104:24:06

MIKE SUTTON: Yes. So, that is the flight path of the bullet somewhere along that line, and so it's just -- it's trigonometry. It's not any more complicated than that. I don't know it's too complicated for you, but it's just trigonometry.

4114:24:26

MR. HARPOOTLIAN: The -- these lines, are they put in there by you manually, or are they computed by the programs?

4124:24:35

MIKE SUTTON: Well, it -- the lines are put in by me on the computer program. And, again, there are the 1 and a half degrees, 3 degrees. The importance of them is, is that's where the barrel of the gun has to be perfectly in line with that -- with those two green lines. But right now without knowing anything else, you could slide that gun up and down that green line and it could be anywhere, right? So -- but you start looking at other pieces of evidence. And so what you would have is, is, well, what other pieces of evidence we have. I looked at this and I said, well, where does the shot trajectory go? Well, it goes almost right over Maggie's body, very close to it, right close to the feet. That's one thing. The second thing is, is there is a collection of empty cartridge cases right to the line. So, if I'm facing the quail pen, there is a collection of cartridge cases to my right.

4134:25:40

MR. HARPOOTLIAN: And what's your understanding about the ejection of the cartridge cases from the Blackout?

4144:25:45

MIKE SUTTON: Typically it should be to the right and to the back somewhat.

4154:25:48
4164:25:48

MIKE SUTTON: It depends, but -- so, that was a piece of information, which is, is that starts to -- as I said before, sometimes what you'll look -- not you're looking at what you can determine but maybe you can limit where something happens. So, you know, that is a point of interest. Well, you have a pile of cartridge cases that go right beside the shot trajectories. That's an important point.

4174:26:14
4184:26:15
4194:26:17

MR. HARPOOTLIAN: Okay. So, what are we seeing here?

4204:26:20

MIKE SUTTON: So, that is a shooter that I constructed. And what this is, it's actually a scan of a person, so you can get scans of people. In this particular case, just for the purposes of this trial, I stripped all of the textures off this person, so there's no clothing, or hair, or skin color, anything like that. So, it's just more almost like a robotic looking figure. It is holding a 300 Blackout weapon, a model of one. And when I started examining those shot trajectories, a couple of things were apparent. One is that it would be really hard for anybody to be shooting that shot from the shoulder because remember: the shot is going up. But it's only 4 feet 2 off the ground.

4214:27:11

MR. HARPOOTLIAN: But it's the entrance wound, the -- where it goes into the body.

4224:27:14

MIKE SUTTON: Yeah, the entry point. It's only 4 feet 2 off the ground, and it's going up, which means that even if you're a fairly short person, to get that trajectory you would have to walk all the way up to the quail pen to get it to work. So, what I was seeing here is that the most likely way that that shot was made was from a low position, like shooting low on the hip. So, I took this scanned in person with a Blackout, and I pushed the gun down about as far as I could push it.

4234:27:45

MR. HARPOOTLIAN: When you say about as far as you could push it, what do you mean by that?

4244:27:49

MIKE SUTTON: Well, eventually -- at some point you have to have your hand on the trigger and the gun. And so instead of having the person stand straight up, too, I just put them in a shooting position. I don't know what the position the shooter was, but this is a thought process. Okay, what is this telling us? So that's what I did here.

4254:28:08

MR. HARPOOTLIAN: And what degree line is that one on?

4264:28:10

MIKE SUTTON: That's on the 1 and a half degree.

4274:28:13
4284:28:13
4294:28:14

MR. HARPOOTLIAN: And what does this depict?

4304:28:16

MIKE SUTTON: That is the exact same shooter, except that shooter has its barrel on the 3 degree line.

4314:28:24

MR. HARPOOTLIAN: Okay. So, he would be on the other side of Maggie's body, and on the other side of the dog house.

4324:28:35

MIKE SUTTON: Correct.

4334:28:36
4344:28:37
4354:28:38

MR. HARPOOTLIAN: Okay. Now, this has two individuals in it. What's the one behind?

4364:28:43

MIKE SUTTON: So, those are the two. So, the shooter --

4374:28:46
4384:28:47

MIKE SUTTON: -- the shooter behind is the 1 and a half degree. The shooter in front is the 3 degree. So, that kind of gives the range of this person being able to make that shot. And so the -- to me, because of several different factors, it's much more likely that the angle into the quail pen was flatter than 3 degrees, which we talked about before. One of the main reasons is there's no shell casings over behind the dog house.

4394:29:16

MR. HARPOOTLIAN: So, this person up front, what did you say about shell casings?

4404:29:20

MIKE SUTTON: There's no shell casings anywhere close to that person.

4414:29:24

MR. HARPOOTLIAN: And I guess -- and can you demonstrate for us how you're depicting this person or persons holding a gun? I mean, how -- I mean, what -- are they -- you say from the hip.

4424:29:34
4434:29:35

MR. HARPOOTLIAN: What does that mean? How about demonstrating --

4444:29:38

MR. HARPOOTLIAN: If that's okay, Your Honor?

4454:29:40

JUDGE NEWMAN: Yes, sir.

4464:29:42

MIKE SUTTON: So, what I would say is, is that what I did for this purpose is instead of having it here, I put it down here about as low as I could go.

4474:29:50
4484:29:51

MIKE SUTTON: And within, like, a shooting stance, like a shooting position. You're not aiming, but -- at least you're not aiming in the traditional sense, but you're --

4494:29:58

MR. HARPOOTLIAN: If you're aiming, it will be on your shoulder, right?

4504:30:00

MIKE SUTTON: Right. So, I stretched that gun down until I could just still keep my hand like I was shooting a gun.

4514:30:09

MR. HARPOOTLIAN: Now, from the shoulder where generally would they be? You've got -- I mean, you have that downward shot.

4524:30:15

MIKE SUTTON: It's really hard to put a shoulder shot on that trajectory just because it's so low. Because even a small person, going like this 4-foot-2, even if you put the barrel on the quail pen, it would be above the hole. So, it just doesn't make any sense.

4534:30:34

MR. HARPOOTLIAN: Next slide, please.

4544:30:37

MR. HARPOOTLIAN: So, this is without the guy up front because you concluded this is where the person would have been.

4554:30:43

MIKE SUTTON: Yes. For a person of this height, this is, to me, because of its proximity or closeness to the empty shell casings.

4564:30:53
4574:30:54
4584:30:55

MR. HARPOOTLIAN: Now, let's look at the dog house trajectory shot.

4594:30:59
4604:31:00

MR. HARPOOTLIAN: Okay. Now, explain that green line.

4614:31:04

MIKE SUTTON: The green line here is the shot trajectory into the dog house. And this is the same shooter again. And it looks like he's standing on the sheet there, but all of that would tell me, if this did occur, then the body was not there.

4624:31:20

MR. HARPOOTLIAN: This is a shot that would have come before the body fell to the ground.

4634:31:24

MIKE SUTTON: That is correct. And so, again, you have a shooter low on the hip. That's where that person would have to be to follow that upward line. So, the same exact shooter. Now that shooter is shooting down. I slid that person on the line until it was shooting down, and what I discovered was it's basically in the exact same spot. You know, maybe one step away, maybe two steps away, but --

4644:31:48

MR. HARPOOTLIAN: The two shots were made from very close to each other.

4654:31:52

MIKE SUTTON: Right. So, now what we've done is the two shots cross each other at a point, and at that point is right beside where the shell casings were ejected, relatively close to it.

4664:32:07

MR. HARPOOTLIAN: Okay. Now, you don't know where Maggie was when these shots were made. Is that correct?

4674:32:12

MIKE SUTTON: Correct.

4684:32:12

MR. HARPOOTLIAN: So, we heard from, I think, one of the State's witnesses --

4694:32:16

MR. FERNANDEZ: Object to testifying.

4704:32:18

MR. HARPOOTLIAN: Strike that.

4714:32:19

MR. HARPOOTLIAN: What, if anything, did we hear from the State's experts about the relative position of Maggie and whoever shot her?

4724:32:27

MIKE SUTTON: The only thing that I heard was is that maybe two of the shots were done at less than 3 feet because of stippling to the skin.

4734:32:36

MR. HARPOOTLIAN: And what about the relative position of the shooter and her prior to that?

4744:32:42

MIKE SUTTON: Nothing specific or definitive.

4754:32:44

MR. HARPOOTLIAN: Okay. So --

4764:32:45

MR. HARPOOTLIAN: Let's see the next slide.

4774:32:48

MR. HARPOOTLIAN: What is that?

4784:32:50

MIKE SUTTON: This is a shooter -- because this shot is going down, this shooter is shooting from the shoulder, which can be done with this shot. And if you're shooting from the shoulder, you've got to be further back. So, that's just to illustrate that's the range of possibility, you know, from the shoulder --

4794:33:06

MR. HARPOOTLIAN: From the shoulder --

4804:33:07

MIKE SUTTON: -- from the hip.

4814:33:08

MR. HARPOOTLIAN: -- or down low?

4824:33:08
4834:33:09

MR. HARPOOTLIAN: Those two that we just saw, is that also consistent with where the shell casings are?

4844:33:13

MIKE SUTTON: It is. That could be consistent, too.

4854:33:15
4864:33:15

MR. HARPOOTLIAN: Next slide, please. Both shots. Go ahead.

4874:33:21

MR. HARPOOTLIAN: So, what does this depict?

4884:33:24

MIKE SUTTON: So, this is the shooter making both shots. And you'll see, and there's a couple different angles I could show you, but they're really close and in the right location relative to the empty shell casings. So, what that says, it's not -- I'm not saying it's exactly there because there's some variables to it, but I find it interesting that the two shot trajectories cross at a point where both shots can be made, and they're at the right location relative to those empty shell casings. So, in my opinion when these two shots were made, at least these two shots, that the shooter was standing right in that area.

4894:34:09
4904:34:09
4914:34:10

MR. HARPOOTLIAN: And what does this depict?

4924:34:12

MIKE SUTTON: This is the same thing I just described except a little bit different angle. So, there you may have a shooter taking two steps forward, depending on which one was fired first --

4934:34:23
4944:34:23

MIKE SUTTON: -- or two steps backwards --

4954:34:24

MR. HARPOOTLIAN: Backwards.

4964:34:24

MIKE SUTTON: -- but, you know, within a generally small area, that's where those shots were fired from.

4974:34:33
4984:34:34
4994:34:35

MR. HARPOOTLIAN: Is that the same --

5004:34:37

MIKE SUTTON: That is the same thing. That -- you know, the shooter's from the hip. If you have the shooter shooting from the hip, it makes a lot of sense that with a little bit of movement, the shooter can produce both of those shots and have it agree with the evidence that Special Agent Worley collected.

5014:34:55
5024:34:56

MR. HARPOOTLIAN: Okay. Now, we're going --

5034:34:58

MR. HARPOOTLIAN: Don't go to his -- well, let's get to that in just a minute.

5044:35:05

MR. HARPOOTLIAN: Based on your analysis, tell us how you came to conclude the range of heights that a person is shooting from those distances. Tell us how that works.

5054:35:16

MIKE SUTTON: Okay. So, we are able to locate the weapon, where the weapon was, and that's --

5064:35:20

MR. HARPOOTLIAN: Now, when you say locate the weapon, what do you mean by that?

5074:35:25

MIKE SUTTON: Locate the weapon on the green line. Okay.

5084:35:27

MR. HARPOOTLIAN: You say locate the weapon, is it muzzle? Is it the --

5094:35:30

MIKE SUTTON: The whole barrel.

5104:35:31

MR. HARPOOTLIAN: The whole barrel. Okay.

5114:35:32

MIKE SUTTON: Right, because the bullet starts its path inside the barrel, and when it leaves the barrel it finds the target.

5124:35:38

MR. HARPOOTLIAN: Okay. So, you can slide that barrel up and down the green line?

5134:35:41

MIKE SUTTON: Correct.

5144:35:41

MR. HARPOOTLIAN: Okay. Tell us how you get to a height of the shooter.

5154:35:43

MIKE SUTTON: So, for the purposes of what I've been showing you is that I start putting different height people in the trajectory analysis. And so what I've been showing you is a person that is 5-foot-2.

5164:35:56

MR. HARPOOTLIAN: The person is how tall? The shooter is how tall?

5174:35:59

MIKE SUTTON: 5-foot-2.

5184:36:00

MR. HARPOOTLIAN: Could it have been someone a little taller crouching down a little bit?

5194:36:04

MIKE SUTTON: Could be.

5204:36:04
5214:36:06
5224:36:06

MR. HARPOOTLIAN: So, between 5-2 and 5-4, the shooter?

5234:36:09

MIKE SUTTON: Yes, because what happens is, let's say if you put a 5-4 person even -- or 5-5, 5-6 in kind of that shooting position from the hip, you've got to move them all the way up to the quail pen, and it doesn't make any sense there because there's no shell casings. And it starts to not make any sense. Why would a person stand right in front of the quail pen a few feet away and shoot into it?

5244:36:34

MR. HARPOOTLIAN: And as you slide it back, what happens in terms of -- and this is all trigonometry? These are angles.

5254:36:41

MIKE SUTTON: It's just trigonometry. So, again, you have 5-2 people. What happens is if I move those people back --

5264:36:52

MR. HARPOOTLIAN: Well, come take the quail pen to begin with.

5274:36:55

MIKE SUTTON: Yeah. With the quail pen, if you start to move the shooter at the quail pen back, then you're down to -- you start getting to, you know, less than 5-foot-2 very quickly because that shot is going up. And what you have here is that -- this is as far back as basically I could justify putting a 5-2 shooter here.

5284:37:19

MR. HARPOOTLIAN: And how did you come to 5-2? I mean, what -- did you look at any data?

5294:37:25

MIKE SUTTON: Well, again, these are actual people that were scanned in, and so, so these are 5-2. What happens is, for instance, if you -- you know, I tried it with a 5-4. I tried it with a 5-9. It just --

5304:37:38

MR. HARPOOTLIAN: Why didn't that work?

5314:37:39

MIKE SUTTON: Because it puts the person under the shed close to the quail pen. It doesn't make much sense being under there. There are no shell casings there. So, in order to get the shooter at the cross of the two shot trajectories near the empty casings, then you've got to lower that shot.

5324:38:01
5334:38:02

MR. HARPOOTLIAN: Next slide, please.

5344:38:06

MR. HARPOOTLIAN: Okay. Let's look at this. Okay, this is measurements. We don't need to look at each one of these.

5354:38:12

MR. HARPOOTLIAN: Go ahead. Go ahead. Go ahead. Now, let's hold on for 1 second before we go to that.

5364:38:22

MR. HARPOOTLIAN: So in terms of Alex Murdaugh, how tall is he?

5374:38:27

MIKE SUTTON: 6-3, 6-4.

5384:38:30

MR. HARPOOTLIAN: Okay, and you took a measurement of him this morning, correct?

5394:38:33
5404:38:34

MR. HARPOOTLIAN: And what did you measure?

5414:38:35

MIKE SUTTON: I measured to his kneecap.

5424:38:36

MR. HARPOOTLIAN: To his kneecap.

5434:38:37
5444:38:38

MR. HARPOOTLIAN: And how much -- what was the distance between the bottom of his foot and his kneecap?

5454:38:45

MIKE SUTTON: 25 inches.

5464:38:46

MR. HARPOOTLIAN: Okay. Now, explain why that's relevant to what we're talking about.

5474:38:50

MIKE SUTTON: Well, I mean, the obvious question is, is well, what if you were 6-4 and not 5-2? What does that mean? So, what that means is, is that the shooting hand, the bottom of the shooting hand for somebody the height of Alex Murdaugh would be right at and below his kneecap.

5484:39:11

MR. HARPOOTLIAN: So, his shooting hand would be below his kneecap.

5494:39:15
5504:39:15

MR. HARPOOTLIAN: What does that tell you?

5514:39:17

MIKE SUTTON: Well, it puts the shooter, or whoever fired the weapon, if they were that tall it puts them in an unrealistic shooting position. It's not an aiming position. It's not a shooting position. It would be something other than a, you know, a shooting position where you were on your feet. So, it would be -- again, it would be very difficult. You would have to be bending over and have your shooting hand down at or below your kneecap. And what's important about that to me is, is that it just makes is very unlikely that a tall person made that shot.

5524:40:06

MR. HARPOOTLIAN: Okay. More likely, it would be more likely than a person between 5-2 and 5-4 fired those shots, correct, for the quail pen?

5534:40:25

MIKE SUTTON: Yes. Yes.

5544:40:27

MR. HARPOOTLIAN: Can I have -- yeah.

5554:40:31

(Break in proceedings.)

5564:40:33

MR. HARPOOTLIAN: Can I have a red or black pen or something?

5574:40:47

MR. HARPOOTLIAN: So, I had one of these -- the shots you had with the two -- the shooters and their alignment blown up. Would you step down here, please, and bring the pointer? Thank you.

5584:41:14

(Break in proceedings.)

5594:41:18

MR. HARPOOTLIAN: And you stand over here.

5604:41:24

(Break in proceedings.)

5614:41:27

MR. HARPOOTLIAN: And so explain to the jury why they have got to be 5- foot-2? This is blown up. Why would it be 5-foot-2? I mean, how -- if this guy moves forward this way, or either one of them move forward, what happens to the barrel of the gun?

5624:41:46

MIKE SUTTON: Yeah. So, what happens is, is if you move them forward they can be taller, up until wherever you talked about before. At some point in time, even shooting from the hip you still have to be very close to the quail pen. If I move them back, either two things have to happen is, is they have to be even shorter than 5-2, or they have to be in some unnatural or kind of like an unreasonable shooting position. I mean, obviously you could have somebody laying on the ground taking a shot. They could be really of any height, right? So -- but what I'm doing here is, is that as you move these people back, the gun has to be lower, and lower, and lower to the ground. When you move it forward, the gun has to be higher. So, then you start looking at, well, where are the shell casings? The shell casings are here. So, if you move a person back, let's say where they're laying on the ground, right, and they're shooting like in a sniper position on their elbows and laying down flat, there's no shell casings back there. But the shells casings are being ejected to the right, maybe to the back, we don't really know, but at least it's going to be back here. This area where Maggie's body was found where the collection of the empty shell casings are found, because some of these were at close range, but some of them are spread over here, is going to put the shooter here, or it certainly puts the weapon there. And then what you have to do is go through the thought process of how can somebody hold the weapon that height off the ground.

5634:43:21

MR. HARPOOTLIAN: Okay. Now, if you've got a tall person and they're coming this way towards the quail pen, let's say a 6-3, 6-4 person, can they -- how close would they have to be to the quail pen to shoot the bullet that angle into the quail pen?

5644:43:38

MIKE SUTTON: Well, it would be difficult. It wouldn't be either a hip shot or a shoulder shot. You would have to -- or somebody who is tall -- because again, I don't have a tape measure, but the hole in the quail pen is at 4-foot-2. Okay. So --

5654:43:56

MR. HARPOOTLIAN: I've got one right there.

5664:43:59

MIKE SUTTON: So, let's just say -- I need a sticker or something.

5674:44:04

MR. HARPOOTLIAN: You need what? A sticker?

5684:44:06

MIKE SUTTON: The quail pen shot is right here.

5694:44:10

MR. HARPOOTLIAN: How about put a sticker right there. Okay. So, that's the height it went into the quail pen.

5704:44:18

MIKE SUTTON: Right. So, I am 5-10.

5714:44:21
5724:44:22

MIKE SUTTON: Shoes on maybe 5-11. All right. So, it's going 3 degrees up. So, there's -- I understand that's all flat, let's just say that's 3 degrees, and I'm standing at the quail pen. I would have to do like that, or I could do this, like, not from the hip. I would have to come in here like this, which, of course, is possible, you know, just like that.

5734:44:49

MR. HARPOOTLIAN: What about 6-4?

5744:44:51

MIKE SUTTON: Now if you're 6-4, it would be, you know, a lot taller than I am. So, you would -- you know, you would have to go through that thought process of how the shooter could --

5754:45:02

MR. HARPOOTLIAN: And, of course, as you come back off the quail pen, the only place you see shell casings are back here.

5764:45:07

MIKE SUTTON: Yes. The empty shell casings, there's some right by the body. There's one underneath the body, and then I believe it's two, three, and four are here, and five, six, and seven are here. But two, three and four are here, and the shells are being ejected to the right and maybe slightly backwards.

5774:45:28

MR. HARPOOTLIAN: And so can you say to a degree of engineering certainty more probable than not that whoever shot this shot, or these shots -- well, first of all, the quail pen shot was 5-2 to 5-4.

5784:45:39

MIKE SUTTON: That is the most likely explanation, yes.

5794:45:43

MR. HARPOOTLIAN: Okay, and we know that Alex was 6-4.

5804:45:49
5814:45:50

MR. HARPOOTLIAN: So, could you say to a degree of engineering certainty more probably than not that Alex Murdaugh on the night of June 7th did not file that -- fire that shot into the quail pen?

5824:46:00

MIKE SUTTON: In my opinion, it's very unlikely that he fired that shot.

5834:46:04

MR. HARPOOTLIAN: Okay. Now in reviewing the SLED file, did you see whether or not they did any analysis like this? Have you seen any charts, any FAROs, anything indicating that SLED ever looked at these shot angles before?

5844:46:22
5854:46:23

MR. HARPOOTLIAN: You can go ahead and take a seat.

5864:46:27

MR. HARPOOTLIAN: Your Honor, this is probably going to go another extended -- probably another hour before I'm done. I was just looking to see. It's 1:00. I don't know what your -- do you want me to continue or do you want to take a lunch break?

5874:46:38

JUDGE NEWMAN: We can break for lunch now if that's what you want to do.

5884:46:47

MR. HARPOOTLIAN: Thank you.

5894:46:49

JUDGE NEWMAN: Ladies and gentlemen, we will -- I'm addressing the jury. Ladies and gentlemen, we'll break now and return at 2:15. Please do not discuss the case.

(The jury left the courtroom.)

JUDGE NEWMAN: Step down, sir. We'll be in recess until -- Mr. Harpootlian?

MR. HARPOOTLIAN: Your Honor, I would like you to instruct this witness that while we're having lunch waiting for us across the street, he can't share it with us.

JUDGE NEWMAN: Understood?

MIKE SUTTON: Understood.

JUDGE NEWMAN: Very good. Resume at 2:15.

(A lunch break was taken.)

JUDGE NEWMAN: You may bring them.

(The jury returned to the courtroom.)

COURT BAILIFF: The jury is present, sir.

JUDGE NEWMAN: Thank you. You may proceed.

MR. HARPOOTLIAN: May it please the Court, Your Honor?

CONTINUED DIRECT EXAMINATION

BY MR. HARPOOTLIAN:

MR. HARPOOTLIAN: So, I'm almost done with the quail pen and the dog house, but I've got to tell you. I was thinking about how to demonstrate a little more graphically what you're saying.

6056:11:02

MR. HARPOOTLIAN: Your Honor, may I take this weapon out of its box?

6066:11:09

JUDGE NEWMAN: Yes, sir.

6076:11:13

MR. HARPOOTLIAN: Thank you.

6086:11:17

(Break in proceedings.)

6096:11:19

MR. HARPOOTLIAN: I keep pointing it -- okay.

6106:11:26

MR. HARPOOTLIAN: Do you recognize this? Do you know what this is?

6116:11:31
6126:11:32

MR. HARPOOTLIAN: What is it?

6136:11:33

MIKE SUTTON: It's the -- I think it's an Exemplar 300 Blackout rifle.

6146:11:38

MR. HARPOOTLIAN: And this is the weapon, or weapon like this, that the shooter would have had.

6156:11:46
6166:11:47

MR. HARPOOTLIAN: Okay. So, we try to sort of get a visual of -- do you want to come down here so I don't point at you? Or maybe -- let me come up there and come this way, okay? Why don't you -- I'm sorry.

6176:12:07

(Break in proceedings.)

6186:12:09

MR. HARPOOTLIAN: So, I am not 5-foot-2 or 5-foot-4. I think you said 5-foot-2 to 5-foot-4. But position me -- huh, tempting, but -- I don't know how I can do this so I'm not pointing at somebody. I guess what we need to do is we need to come back here. Okay. So, position me as that shooter would be. I'm trying to figure out where -- did he lower his gun up here? Down here? Where?

6196:12:44

MIKE SUTTON: You want to push it down on the hip. Your wrist would have to be --

6206:12:54

MR. HARPOOTLIAN: This grip?

6216:12:56
6226:12:57

MR. HARPOOTLIAN: Like this?

6236:12:59

MIKE SUTTON: Yeah. Obviously you could crouch in some sort of a shooter's stance, but that's --

6246:13:04

MR. HARPOOTLIAN: Not much lower than this.

6256:13:05

MIKE SUTTON: That's going to be there, yes.

6266:13:06

MR. HARPOOTLIAN: Okay, and as I approach the quail pen, the gun has to go up.

6276:13:15

MIKE SUTTON: The gun stays the same angle, right? But for different height people, the gun has to get higher and higher.

6286:13:23
6296:13:24

MIKE SUTTON: Like that.

6306:13:25

MR. HARPOOTLIAN: And if I go backwards, it's got to get lower and lower.

6316:13:27

MIKE SUTTON: Right, because if you walked up to the quail pen, the hole is 50 inches above the ground, which is right here.

6326:13:37

MR. HARPOOTLIAN: So, I would have to be like half way down.

6336:13:40

MIKE SUTTON: Yes, for your height, right? A little bit lower. About like that.

6346:13:45

MR. HARPOOTLIAN: At the quail pen.

6356:13:46

MIKE SUTTON: At the quail pen. So, you can see if you back up, you have to get lower and lower and lower. Not like -- but the gun has to stay the same angle.

6366:13:56

MR. HARPOOTLIAN: Oh, so it's got to be up but I go down.

6376:13:58

MIKE SUTTON: You go down.

6386:13:59

MR. HARPOOTLIAN: Or I get shorter.

6396:14:00

MIKE SUTTON: To put the barrel on that --

6406:14:05

MR. HARPOOTLIAN: So if I'm 6-foot-4 -- and you measured to Alex's knee.

6416:14:13
6426:14:15

MR. HARPOOTLIAN: So, where would this gun be placed on me if I'm 6-foot-4?

6436:14:20

MIKE SUTTON: Well, if you're 6-foot-4, you know, your hip is going to be about 46 inches. It should be about right here, that's 46.

6446:14:32
6456:14:33

MIKE SUTTON: And so you've got your trigger hand --

6466:14:37
6476:14:38

MIKE SUTTON: -- about where your hip is. So, it would have to be -- your trigger hand is going to have to be up where I've got -- I'm pinching the tape measure.

6486:14:48

MR. HARPOOTLIAN: And this is how far away from the --

6496:14:51

MIKE SUTTON: Well, it could be anywhere. But you raise it some more -- a little bit lower. Right. So, then if, you know, you were at the quail pen, the hole is right here, right? And you shoot from the hip.

6506:15:06

MR. HARPOOTLIAN: You would have to shot like that?

6516:15:08

MIKE SUTTON: Yeah. You would have to shoot lower.

6526:15:11

MR. HARPOOTLIAN: Now, come back where you say the lines converge. I think it has to be pretty low, right?

6536:15:16

MIKE SUTTON: Yes. It has to be very low. It has to be very low. That's why it's -- to get a position that would be either shooting or aiming.

6546:15:24
6556:15:24

MIKE SUTTON: Or, you know, a basic shooting position, you would need to be shorter. If you're bending over and some other body position that may, you know, that be somewhat of an awkward shooting position, then you could be taller.

6566:15:42
6576:15:43

MIKE SUTTON: You could be taller than 5-2.

6586:15:44

MR. HARPOOTLIAN: But his -- I think you told us his foot to knee was 25 inches.

6596:15:50

MIKE SUTTON: 25 inches.

6606:15:51

MR. HARPOOTLIAN: And would it be -- proportionally for me, where would I be?

6616:15:54

MIKE SUTTON: Proportionally for you, your trigger hand is going to have to be back down where your kneecap is.

6626:16:00

MR. HARPOOTLIAN: Right about right here?

6636:16:01

MIKE SUTTON: About like that, right, and then point upwards 3 degrees. That would be the equivalent of somebody who's 6- foot-4 in the area where the two shot lines cross. Shooting in the quail pen, they would be holding the gun like that if they were on their knees.

6646:16:30

MR. HARPOOTLIAN: Okay. Thank you. Please take the stand. Okay. So, based on the angles and the -- basically trigonometry, is what you're saying -- you say the shooter would have been between 5-2 and 5-4 and back -- to have the ejected shells in the appropriate place, if you would mark that place on the sketch where these two folks are, just sort of the range?

6656:17:13

MIKE SUTTON: Yes. And you can see some of the ejected shells, but they're right beside the body.

6666:17:18
6676:17:19

MIKE SUTTON: Just off where I've got the yellow sticky --

6686:17:21
6696:17:21

MIKE SUTTON: -- that is the area where you have, I believe, two, three, and four. So, three empty 300 Blackout cases.

6706:17:31

MR. HARPOOTLIAN: Okay, and that would be consistent with the position of the shooters in this position, and based on the angle of the bird cage -- the bird cage, they would be somewhere between 5-2 and 5-4.

6716:17:53

MIKE SUTTON: That is correct.

6726:17:55

MR. HARPOOTLIAN: To have a shot in the kennel, the lower part, I mean, almost crouched down.

6736:18:03
6746:18:04

MR. HARPOOTLIAN: All right. Now, let's move on in our presentation, and I'm going to try to expedite this a little bit and skip some slides because you and I were too detailed when we talked about this, and it's the afternoon. Let's go with the Paul Murdaugh first shot. Tell us what this is.

6756:18:23

MIKE SUTTON: So, this was -- these first pictures are from the night of the murders, and that's inside the feed room. On the south wall of the feed room, there's just a regular window.

6766:18:36

MR. HARPOOTLIAN: And what's that?

6776:18:38

MIKE SUTTON: Those are pellet holes from the buckshot. There are nine pellets in a buckshot, this particular load of buckshot.

6786:18:45

MR. HARPOOTLIAN: Okay, and what did you do?

6796:18:48

MIKE SUTTON: So, what I did was --

6806:18:50

MR. HARPOOTLIAN: Next picture, please.

6816:18:52

MIKE SUTTON: When I looked at the -- there's the window from the outside of the feed room. When I looked at the crime scene pictures, I noticed that one of the buckshot pellets hit a pine tree and SLED take a -- took a picture of that damage to the bark of the pine tree. And so when I was there, the tree -- there's, like, a stand of pine trees that have been planted behind the kennels.

6826:19:13
6836:19:13

MIKE SUTTON: And so what I did, there are nine pellets but the pellets had already spread out by the time they went through the window. In fact, there was one pellet still wedged in the window sill itself.

6846:19:23

MR. HARPOOTLIAN: That you found.

6856:19:24

MIKE SUTTON: That I found. But there was a tree and it had some ivy on it, but it had damage. And so what I did was I located that damaged tree and put a mark on it; I put just some yellow tape there. I went back in the feed room. If you look at the pictures of the feed room, there are some bloody footprints from tennis shoes, and it's just as -- I believe it was Chief Deputy Kinsey talked about Paul being about midway in the room, that approximate location, and so I stood there, but I knew Paul got shot in the chest, so I lowered my head about eye to chest level, and I looked through each hole until I saw the tape on the tree, which is where the sap was coming out where the pellets had hit it. So, I determined which hole in the window belonged to that pellet. And then what I did, instead of using a trajectory rod or laser -- it was daytime -- I did the old school method, which I stretched a neon pink string from the damage of the tree through the hole in the window out the door. Because -- from what I've understood, you know, this shot was taken within 3 feet or so because there was stippling on this wound here. So, what I did was I basically took the string out as far as you needed to go and -- which is what is in that picture there --

6866:20:45

MR. HARPOOTLIAN: This would be that string?

6876:20:46

MIKE SUTTON: Yes. That is simply a string that's pulled tight from the sap coming out of the tree where the buckshot pellet hit it through the hole in the window, and then back through the feed room to -- I set up a tripod in the door. So, that is the shot line or the trajectory of the pellets in the shotgun. And there's -- that's where the damage to the tree is. It's leaking sap.

6886:21:14
6896:21:15
6906:21:16

MR. HARPOOTLIAN: And what are these?

6916:21:18

MIKE SUTTON: That was the hole in the window that if I stood where Paul -- roughly where Paul was shot in the chest, it was the only hole that lined up with that tree.

6926:21:30

MR. HARPOOTLIAN: Okay. What is this?

6936:21:31

MIKE SUTTON: And that shows basically at the door seal, the threshold of the door to the feed room, the height of the shot, which was at the door seal it's 3-foot-11.

6946:21:47

MR. HARPOOTLIAN: Okay. Was it an upward trajectory?

6956:21:51

MIKE SUTTON: Upward trajectory.

6966:21:53
6976:21:54
6986:21:56

MIKE SUTTON: And so what I did there is just to demonstrate it. Obviously because there's a string there, I can't put the barrel right on the string line like we did in the computer with the green lines. I just held it beside it. I'm 5-foot-10. I have normal shoes on here. That's the stance that I would have to take to shoot up that string. So, it's --

6996:22:16

MR. HARPOOTLIAN: And at what height would that hit Paul in the chest on that trajectory?

7006:22:22

MIKE SUTTON: That's like about right at my hip or so. Yeah. Maybe just a little -- maybe just a little bit lower than my hip if you looked at the butt of the gun. And I'm 5-10.

7016:22:34

MR. HARPOOTLIAN: You're how tall?

7026:22:35
7036:22:36

MR. HARPOOTLIAN: So, it's somebody not 5-2 to 5-4 but somebody slightly taller.

7046:22:40

MIKE SUTTON: Right. Or -- yeah, or moving the gun up and down. Again, there's a variable here, of course.

7056:22:46
7066:22:47

MIKE SUTTON: And then what I did was demonstrate -- because there has been, you know, some talk -- well, that's me standing. Again, I'm fairly comparable in height to Paul Murdaugh, and what I did was I just let the string touch where the wound is in his chest, the entry wound. And if you look where my feet are, you'll see I'm just beyond the door, which is right where the bloody footprints are. So, another way of confirming that this all makes sense here --

7076:23:10

MR. HARPOOTLIAN: And those are the bloody footprints?

7086:23:12

MIKE SUTTON: Those are the bloody footprints. That's about where I'm standing when this picture of me was taken with the string going through. You know, we're within, you know, a few inches or so. And then the idea there -- that that would be, you know, inconsistent with, say, somebody my height. I think there's one more picture here.

7096:23:31

MR. HARPOOTLIAN: Go ahead --

7106:23:31

MIKE SUTTON: Just to drive the point home. Like, if I shouldered a shotgun and shot into the feed room, that wouldn't work. The gun needs to be lower. So, similar concepts, as we said before, but just on a different way.

7116:23:46
7126:23:47
7136:23:48

MR. HARPOOTLIAN: Okay, let's talk a little bit about -- before we get into acoustical testing, let's talk a little bit about the second shot on Paul.

7146:23:58
7156:23:59

MR. HARPOOTLIAN: And I believe you watched my cross-examination of Deputy Kinsey, correct?

7166:24:05
7176:24:06

MR. HARPOOTLIAN: And his testimony was --

7186:24:09

MR. FERNANDEZ: Objection.

7196:24:10

MR. HARPOOTLIAN: Do you remember what his testimony was?

7206:24:13
7216:24:13
7226:24:14

MIKE SUTTON: He analyzed the data, physical evidence, and he was thinking that the shot was about 135 degrees relative to the ground, and maybe plus or minus 5 degrees, and that he took a height for Paul's shoulder about 4-foot-7. He was going between a couple of data points that he had, and so he had 4-foot-7. And then what you have to consider is, is that basically that's 90 degrees, and then so 135 is here. It's 90 plus 45. So, it's a 45-degree angle into the shoulder. But the consideration was is that they didn't see any stippling on Paul's shoulder, so you have to back the weapon up. And typically you're looking at 3 foot or less for stippling. He opined that, well, maybe it was 2 feet because it wouldn't work out. And the reason it wouldn't work out, if you back up a normal size shotgun 3 feet to get no stippling, it puts the butt of the gun under the concrete or through the concrete. So, of course, that wouldn't work.

7236:25:21

MR. HARPOOTLIAN: Right. So, he had to adjust the distance for stippling.

7246:25:25

MIKE SUTTON: Right. He said, well, maybe, you know, it didn't work out that way so maybe the stip -- maybe 2 feet. The correct way to do that, of course, though, would be to test the shotgun and/or the ammunition at least, because we don't have the shotgun, but test the ammunition. Does it cause stippling at 3 feet or 2 feet? That would be the correct way to do that. But if you take 3 feet of stippling, which is what the State medical examiner, Ms. Riemer, testified to, if you take 3 feet and a normal sized shotgun, that 135 doesn't work because the butt of the gun will be into the concrete, or, you know, below the ground.

7256:26:02

MR. HARPOOTLIAN: And I think we may have -- he and I may have demonstrated that with a little red dot.

7266:26:07

MIKE SUTTON: Yes. You did a hand drawn exhibit.

7276:26:09

MR. HARPOOTLIAN: Okay. So, you would disagree with his assessment that the 45-degree angle shot was possible with a normal size shotgun, and adopting Dr. Riemer's 3 feet, any -- for there not to be stippling, it would have to be 3 feet or further, correct?

7286:26:28

MIKE SUTTON: Correct. It doesn't work out dimensionally.

7296:26:34

MR. HARPOOTLIAN: Okay. So, tell us about acoustical testing and -- as briefly as possible.

7306:26:41

MIKE SUTTON: Okay. So, I was asked a question, which is if a person is in the main house, would they be able to hear gunshots at the kennels. And so the way that you do this is you do acoustical testing, and I could spend a long time talk about this, but you guys probably don't want to hear all of this, but let me just tell you in general how this is done. So, what happens is, is when you have -- a gunshot is impulsive noise. It's very quick. Gunshot probably only lasts about 10 milliseconds. It's very loud. The threshold of pain is about 140 decibels. Now, when you move decibels, like 140 to 150, it's twice as loud. So, you'll see what -- I recorded these weapons with the special instrument and you'll see how loud they are. And the idea is, is that will the sound attenuate, decrease enough when it reaches the house? And there are a lot considerations. I considered there's a little grove of trees. You have -- you don't have a hard reflecting surface. It's pasture and trees and sand.

You also have a well built house, double paned windows, wood paneling. So, it's going to have at least a normal sound -- a normal sound attenuation properties. In other words, you know, if you shut all your windows, you shut all of your doors, there's a noise outside, depending on how loud that is, you may not hear it. So, what I did was I set up testing. It's the same testing -- it's called military standard 1474. That -- the military has concerns about soldiers firing weapons and causing hearing damage. They want to know how often can we send them to the range, or what kind of hearing protection -- how many rounds can they fire in a day, that sort of thing. So, I just set up the testing. And in a nutshell the Blackout rifle, we got an Examplar Blackout, the same ammunition involved in this case. We got a 12 gauge shotgun. We got birdshot. We got buckshot. Basically the shotgun is around 155 DB.

7316:28:50
7326:28:51

MIKE SUTTON: Is decibel.

7336:28:51
7346:28:52

MIKE SUTTON: And when we measure sound, it's not on a regular scale, and the reason is, is because we can hear -- the threshold of human hearing is very, very minor, and then we can hear loud noises like a rock concert. So, if it was like a speedometer, your speedometer would have to go, like, zero to a million. It's not practical, so we make it a logged scale. And all you really need to take away from that is, is if you have something, a sound that's 50 DB, 60 DB is twice as loud. That's how we perceive it if you have normal hearing. And then the idea is, is that like the background in the courtroom here, just a little bit of noise going on, but when everybody is quiet it's probably maybe 45 DB in here, right? So if a sound is 55 DB, we're all going to hear it, no problem. If a sound is like 45 DB, we may not hear it at all unless we're really listening for it. Or if it's a really quiet sound, like 25 decibels or 30 decibels, we would never hear it.

It's just the same thing as you could be at a rock concert and the person beside you is trying to talk to you and you can't hear them even though they're talking in a normal voice, you just can't hear them because your background is too high. You know, they're talking in a voice like I am without the microphone and it would be about 70 DB, but your rock concert is 110 DB, right? So, all we're doing here is we're comparing sound. I did the testing, and also went back and just used the theoretical calculations for the propagation of sound to make sure that my results, which I took on January the 5th of this year, were the same as the results that you would have gotten if you would have done the testing on June the 7, 2021. You have to take into account humidity, temperature, pressure, the wind direction, those types of things, so I did that.

7356:30:54

MR. HARPOOTLIAN: So, what does this slide depict?

7366:30:56

MIKE SUTTON: So, that's an overhead shot of Moselle. From the center of the dog kennels, the area where all of the evidence is, to the center of the house, the main house at Moselle, it's 1,142 feet. So, 1,142 feet.

7376:31:12

MR. HARPOOTLIAN: Okay. As the crow flies.

7386:31:14

MIKE SUTTON: As the crow flies.

7396:31:17
7406:31:17
7416:31:19

MR. HARPOOTLIAN: And this is looking past the dog house to the kennels?

7426:31:25

MIKE SUTTON: Yes. So, you're looking towards the kennels. The door on the right end of the kennels is the feed room. That's the area where Paul's body was found, and then the dog house is there. What I'm showing here is, is that there is a backdrop to this area which is vegetation and trees. For reasonable close distances, you have to take into account that vegetation and the trees. At longer distances, the sound can carry. Because the sound -- when I shoot the gun, the sound is going to expand like you're blowing up a bubble, right? It's just going to get bigger and bigger and -- but the bigger that bubble gets, the weaker it gets just like the sound, and eventually it goes away.

7436:32:12
7446:32:13

MR. HARPOOTLIAN: What does this depict?

7456:32:15

MIKE SUTTON: That's looking back towards the house to show -- you can't see the house here, but that's looking straight back towards the house to show that if you were going to do some calculations, you have to take into account there is a barrier of trees in the way.

7466:32:30
7476:32:31

MR. HARPOOTLIAN: All right, what is this device?

7486:32:33

MIKE SUTTON: That's a sound pressure level meter, and it's a type 1, which is a high precision. Normally when you're recording sound, sound is somewhat continuous, and you can use a high grade meter. This is a special meter that's designed to capture gunshots because you're talking, you know, 20 microseconds, thousandths of a second, the rise of that pressure wave of shooting a gun. So, you have both the gasses escaping from the gun, and you have the sonic boom of the bullet leaving the gun, so it's a complex noise. And you have to have a meter that can -- that is fast enough to catch it, and that's what that --

7496:33:12

MR. HARPOOTLIAN: That's what that is?

7506:33:13

MIKE SUTTON: -- meter is, yes.

7516:33:13
7526:33:14
7536:33:14

MR. HARPOOTLIAN: What is that?

7546:33:15

MIKE SUTTON: That's a little weather station I had. So, I was recording the weather before and after the testing because I knew that I was going to go back and pull the weather history for the night of the murders and just see what kind of correction factors needed to be applied to my testing.

7556:33:31

MR. HARPOOTLIAN: Just curiosity, if the humidity was high that night but low then, how do -- what we -- how do you adjust that?

7566:33:37

MIKE SUTTON: Well, there were charts and tables. That's just standard conversion.

7576:33:39
7586:33:40

MIKE SUTTON: Right, and the humidity was higher in June than it was when I did it in January. The temperature was about the same; the humidity was different.

7596:33:51

MR. HARPOOTLIAN: But you got tables and charts, calculations, physics, or whatever --

7606:33:53

MIKE SUTTON: For the results of this, all of these, all of these modifications or adjustments that you would make really don't make a difference because the results were so far apart or like a -- what you would have to be able to hear a gunshot inside the house, it really didn't matter. You didn't have to make the corrections for the temperature and stuff, but I did anyway.

7616:34:16
7626:34:18

MR. HARPOOTLIAN: And that just shows where you had instruments set up.

7636:34:22
7646:34:23

MR. HARPOOTLIAN: Again, a picture where the instrument was set up.

7656:34:27
7666:34:28

MR. HARPOOTLIAN: So, why do you have a measuring item there?

7676:34:32

MIKE SUTTON: So, what you're doing -- and so I took a piece of dental floss, tied it to the muzzle, and then anchored it so that I knew that the muzzle was 1 meter -- it's a little over a yard -- from the microphone. And the reason you do that is, is that -- so, you fired this gun and let's say it's 165 DB. So, for every doubling of distance, it's going to lose 6 DB, 6 decibels. So, at 1 meter it's 165. At 2 meters it's going to be 159. At 4 meters it's going to be 153, and so on and so on because every doubling of distance, that's theoretical. Then you have to add correction factors, but that's basically what happens.

7686:35:14

MR. HARPOOTLIAN: This is to ensure that your responses you're recording, your calculations are accurate as possible.

7696:35:18

MIKE SUTTON: Correct. I'm just following the MIL standard here.

7706:35:21

MR. HARPOOTLIAN: And what's that?

7716:35:22

MIKE SUTTON: It's MIL, United States Military --

7726:35:23

MR. HARPOOTLIAN: Okay. You talked about it before.

7736:35:25

MIKE SUTTON: -- Standards, yes.

7746:35:26
7756:35:27
7766:35:27

MR. HARPOOTLIAN: That would be the ammunition you used?

7776:35:29

MIKE SUTTON: These slides are just showing what I used to do the testing. So, this is the 300 Blackout.

7786:35:35
7796:35:36

MR. HARPOOTLIAN: Is that a 300 Blackout shell -- bullet?

7806:35:38
7816:35:39
7826:35:40
7836:35:41

MR. HARPOOTLIAN: That would be the 300 Blackout?

7846:35:43
7856:35:43
7866:35:44

MR. HARPOOTLIAN: That would be the shotgun?

7876:35:46
7886:35:47
7896:35:48
7906:35:49
7916:35:49
7926:35:50

MR. HARPOOTLIAN: That would be the buckshot you used?

7936:35:53
7946:35:54
7956:35:55

MR. HARPOOTLIAN: Okay, and that would be the birdshot, the Turkey Load birdshot --

7966:36:00
7976:36:00

MR. HARPOOTLIAN: -- you used, right?

7986:36:02
7996:36:03
8006:36:04

MR. HARPOOTLIAN: And this is the inside of the house?

8016:36:07

MIKE SUTTON: That is inside the den of the house. And what I did there was I took background readings. In the quiet house - - it's really quiet because you're way out in the country there. I mean, there's no traffic. So, it was about 35 decibels in the house, which is equivalent to, say, a quiet bedroom at night.

8026:36:24

MR. HARPOOTLIAN: Did you have the air conditioning on?

8036:36:26

MIKE SUTTON: I believe the air was working, the refrigerator was running, but it was very quiet. And then so what I did was I set up some equipment there to measure the background. We also, of course, we turned on the TV to normal volume, so that's up around 68DB, 70DB, you know, depending on how you want it listen to your -- we put a movie in and just had that. So, two background levels in the house. And then the next question is when your fire a gun at the kennels, do you hear it? Do you not hear it? How loud is it?

8046:36:59
8056:37:00
8066:37:01

MR. HARPOOTLIAN: So, what is that?

8076:37:02

MIKE SUTTON: Well, we did -- we shot the Blackout out around the dog house, and then we shot the shotgun into the feed room, out of the food room, and then with the muzzle outside the feed room. So, we shot into the feed room, we shot out of the feed room. So, we're just trying to figure out is there anything about the shape of the feed room that really changes the -- really changes the character of the shot. The take away is, yes, it muffles the sound if you shoot into the feed room. It's not hard to understand, but the Blackout was much louder than the shotgun.

8086:37:36

MR. HARPOOTLIAN: And it was shot over by the dog house where the shell casings were found.

8096:37:41
8106:37:42

MR. HARPOOTLIAN: And that is what you shot in the feed room?

8116:37:46

MIKE SUTTON: Yes. It's a ballistic gel, dummy. It gave us something to shoot into.

8126:37:52
8136:37:53
8146:37:55

MR. HARPOOTLIAN: Not quite sure what that is.

8156:37:57

MIKE SUTTON: It's just more -- it's just pictures showing the testing.

8166:38:01
8176:38:02
8186:38:02
8196:38:03
8206:38:04

MR. HARPOOTLIAN: This is the various indoor and outdoor sound levels. And could you -- rather than reading all of this, could you sort of give us an overview of -- and are these the results of those shots you made?

8216:38:17

MIKE SUTTON: No. This is just actually just from the literature if there was a discussion about different decibel levels. But, you know -- you know, vacuum cleaner is 70 decibels.

8226:38:25
8236:38:25

MIKE SUTTON: Yeah. Quiet conversation 55. A dishwasher in the next room is 50, you know, and on and on for --

8246:38:34
8256:38:34

MIKE SUTTON: -- you know loud noises to soft noises.

8266:38:37
8276:38:39

MIKE SUTTON: I think that's just a blow-up of the last slide.

8286:38:43

MR. HARPOOTLIAN: Okay. So, what does all of that mean?

8296:38:45

MIKE SUTTON: Just as a comparison to my numbers, these are other people's test numbers basically done the same way I did it. And you have a bunch of rifles and they're between -- you know, you have 166 decibels, 163, 161, and therefore -- so, basically your rifles all the way down to a .22, which is, like, 143 decibel. But if you're shooting a rifle with a decent size cartridge, then you're looking at something from 160 to 165 DB.

8306:39:19
8316:39:21

MIKE SUTTON: This is a similar chart of other people's work doing the same thing and for shotguns. And basically your shotguns are going to be 150 to 160 DB. So, not as loud as a rifle.

8326:39:32

MR. HARPOOTLIAN: Quieter? It's quieter?

8336:39:33

MIKE SUTTON: A little bit quieter, but obviously a 12 gauge still is a loud gun.

8346:39:37
8356:39:38

MR. HARPOOTLIAN: Okay. Here is your results.

8366:39:40

MIKE SUTTON: These are my results. So, basically the Blackout was right at 165 DB.

8376:39:44
8386:39:45

MIKE SUTTON: And the shotgun was at 155 DB. So, the results that I got from the testing were in line with the testing that other people had done.

8396:39:58

MR. HARPOOTLIAN: That other people had been doing. Okay.

8406:40:00
8416:40:01

MR. HARPOOTLIAN: Okay. So, you want us to play this?

8426:40:07
8436:40:08

MR. HARPOOTLIAN: Go ahead. Well, wait a second.

8446:40:10

MR. HARPOOTLIAN: What is this?

8456:40:11

MIKE SUTTON: This is an audio file. You know, I could present numbers, graphs, but what I did here just to get the point across -- and here is the bottom line. This will be the 300 Blackout fired in the loudest direction because we tried north, south, east, west, but this is fired in the loudest direction. I'm sitting in the den; the doors and windows are shut. The TV is not on, so it's as quiet as it possibly can be, and I'm sitting there listening for the shot. But you can gauge the sound of the shot, and I'm -- I've got a microphone now but, you know, I'm talking on this audio recording the same way I'm talking right now.

8466:41:01

MR. HARPOOTLIAN: Play it, please.

8476:41:07

(The video was played. Audio not transcribed.)

8486:41:16

MR. HARPOOTLIAN: Is that it?

8496:41:21

MIKE SUTTON: Yes. So, it was about 1 second before I said: All right.

8506:41:32

MR. HARPOOTLIAN: Okay. Go ahead.

8516:41:34

MIKE SUTTON: So, you could barely hear it, and we were all listening for it. So, if you were in the house, even if you were walking around, you wouldn't hear that. I could barely hear it and I was listening for it. So, what that tells you is that the sound inside the house is right at -- right at that background level, it's kind of sitting right in your background at the quiet house. And so if you were doing any kind of activities inside the house, you wouldn't hear it. And certainly if you had the TV on -- which will be, remember 10 DB is twice as loud, so it's 35 if you've got the TV on -- there's no way you could hear that shot.

8526:42:14

MR. HARPOOTLIAN: So, do you have a engineering professional acoustical opinion more probable than not as to whether somebody in that house without the TV, not listening for it, would hear that, those shots, those Blackout shots down at the dog pen?

8536:42:30
8546:42:31

MR. HARPOOTLIAN: And what is it?

8556:42:33

MIKE SUTTON: You would not be able to hear it.

8566:42:35

MR. HARPOOTLIAN: And the shotgun, I assume, is quieter so it would be even less an opportunity to hear that.

8576:42:40

MIKE SUTTON: Yeah. There were times we fired the shotgun in a quiet house, and you couldn't hear it at all.

8586:42:47

MR. HARPOOTLIAN: I've got just a few more questions. Any more slides?

8596:42:51

MIKE SUTTON: I think there's some more slides, but I think we have covered the acoustics, unless you want to get more into it.

8606:43:01

MR. HARPOOTLIAN: Keep going. I don't think we need to do that, keep going. Keep going. Keep going. Keep going.

8616:43:10

UNIDENTIFIED SPEAKER: That's it, Counsel.

8626:43:11

MR. HARPOOTLIAN: That's it? Good. Your Honor, I would like to offer into evidence a printout of that.

8636:43:20

MR. FERNANDEZ: No objections.

8646:43:23

JUDGE NEWMAN: It's admitted without objection.

8656:43:26

MR. HARPOOTLIAN: This would be Exhibit Number 140.

8666:43:32

(PRINTOUT MARKED AS DEFENDANT'S EXHIBIT NUMBER 140 WAS RECEIVED INTO EVIDENCE.)

8676:43:41

MR. HARPOOTLIAN: Beg the Court's indulgence just a moment.

8686:43:48

(Break in proceedings.)

8696:43:51

MR. HARPOOTLIAN: Okay. Now, let's do one last matter. And you indicated you have done accident reconstruction.

8706:44:00
8716:44:01

MR. HARPOOTLIAN: And I have a number of questions about just, I guess, all -- mostly physics, but let me ask you. You've seen this document before. Do you recognize that?

8726:44:28
8736:44:31

MR. HARPOOTLIAN: Okay. Don't tell me what it is yet.

8746:44:47

(Break in proceedings.)

8756:44:53

MR. HARPOOTLIAN: Any objection?

8766:45:00

(Break in proceedings.)

8776:45:06

MR. HARPOOTLIAN: This graph was created under your supervision?

8786:45:21
8796:45:25

MR. HARPOOTLIAN: Okay, and then there's another one, which is 142. Yeah, here we go.

8806:45:40

MR. HARPOOTLIAN: So, we would offer 141 and 142 into evidence. Any objection?

8816:45:50

MR. FERNANDEZ: No objection.

8826:45:52

JUDGE NEWMAN: They're admitted.

8836:45:53

(GRAPH MARKED AS DEFENDANT'S EXHIBIT NUMBER 141 WAS RECEIVED INTO EVIDENCE.)

8846:45:58

(GRAPH MARKED AS DEFENDANT'S EXHIBIT NUMBER 142 WAS RECEIVED INTO EVIDENCE.)

8856:46:03

MR. HARPOOTLIAN: Okay. So, I'm going to use these copies, and that's 142. Hold on to both of those. So, 141 is speed from Moselle from Almeda, which I guess maybe I need --

8866:46:17

MR. HARPOOTLIAN: We don't have that on the computer, do we? No? Let me put this on the overhead. Let's start with 141. Can I have the ELMO, please?

8876:46:40

(Break in proceedings.)

8886:46:45

MR. HARPOOTLIAN: And so what does this depict?

8896:46:57

MIKE SUTTON: This is a graph of the speed of Mr. Murdaugh's Suburban, and this is from the trip from Moselle to his parents' house.

8906:47:06

MR. HARPOOTLIAN: And that would be on the night of June 7th?

8916:47:08

MIKE SUTTON: Yes, and each one of those little vertical lines, the blue lines, represents 3 seconds.

8926:47:16

MR. HARPOOTLIAN: Okay. So, two things. If you look at 141 and you look at the time, and I believe you looked at this and correlated it, at 9:07 has Mr. Murdaugh left his home --

8936:47:45

MIKE SUTTON: Actually, the one you've got up is the return trip, I believe.

8946:47:58

(Break in proceedings.)

8956:48:01

MR. HARPOOTLIAN: Is that better?

8966:48:06

MIKE SUTTON: Yes. That's the -- that's 141 there.

8976:48:15

MR. HARPOOTLIAN: Right, and at 9:07 has he left Moselle?

8986:48:27

MR. FERNANDEZ: Object, Your Honor. There's no times on this chart.

8996:48:40

MR. HARPOOTLIAN: Have you independently checked the data behind this and determined where he was at 9:07?

9006:48:45
9016:48:45

MR. HARPOOTLIAN: Where was he?

9026:48:46

MIKE SUTTON: On the chart he would be -- that first rise there --

9036:48:52
9046:48:54

MIKE SUTTON: -- there's a little bit of a dip. Then it rises all of the way up just a little bit over 60 miles an hour there.

9056:49:02
9066:49:02

MIKE SUTTON: It's right before the dip in the middle. The dip in the middle is when he sent a text message, so just slight slowing -- no, back over. Back, back, back. That little dip right there.

9076:49:11
9086:49:12

MIKE SUTTON: So, 9:07 is going to be right before you get to that dip.

9096:49:23

MR. HARPOOTLIAN: Okay, and so this graph starts at 9:07, does it not?

9106:49:40
9116:49:42

MR. HARPOOTLIAN: Okay. So, it means that he is on Moselle at 9:07?

9126:49:48
9136:49:49

MR. HARPOOTLIAN: Okay. My questions are confusing. After he leaves there, does he slow down? I mean, after he turns on to the Moselle Highway, does he slow down at all for -- at any point until minutes down the road?

9146:50:07

MIKE SUTTON: Not until he's down the road. He's building speed when he passes that -- what you just asked, the cell phone location. He's passing through the mid 40s.

9156:50:16

MR. HARPOOTLIAN: Didn't slow down at the -- where the -- where Maggie's cell phone was and is on the side of the road.

9166:50:22

MIKE SUTTON: Correct.

9176:50:22

MR. HARPOOTLIAN: He was actually accelerating a little bit as he went through there, just like, I think, 42 or 44 --

9186:50:29

MR. FERNANDEZ: Objection. Testifying.

9196:50:31

JUDGE NEWMAN: Sustained.

9206:50:32

MR. HARPOOTLIAN: Is that about right?

9216:50:33

JUDGE NEWMAN: Sustained. There's an objection. Sustained.

9226:50:36

MR. HARPOOTLIAN: So as he drove past, I think you testified to that, where Maggie's cell phone was thrown out on the side of the road, tell us approximately what he was doing. Was he accelerated? Decelerating? Stopping? What was he doing?

9236:50:51

MIKE SUTTON: He was speeding up. So, he was speeding up from, you know, 42, 43, 44, 45 miles per hour as he goes through that area.

9246:51:06

MR. HARPOOTLIAN: Any indication he stopped to slow down?

9256:51:11
9266:51:12

MR. HARPOOTLIAN: Now, so you studied physics, or you actually testified about physics. If someone were throwing a phone from a moving vehicle -- and I believe you went down and looked at the area where the Maggie's phone was found, right?

9276:51:38
9286:51:39

MR. HARPOOTLIAN: Would there be any -- describe for me the kinetics of that.

9296:51:42

MR. FERNANDEZ: Objection. Beyond the scope of his expertise.

9306:51:46

MR. HARPOOTLIAN: Beyond the scope of what?

9316:51:48

JUDGE NEWMAN: Couldn't hear your objection.

9326:51:51

MR. FERNANDEZ: Objection. Beyond the scope of his expertise.

9336:51:54

JUDGE NEWMAN: All right. Response?

9346:51:56

MR. HARPOOTLIAN: Yes, sir. He is a mechanical engineer. We're talking about a mechanical motion. He's done accident reconstructions where they have to determine the motions of certain objects during that wreck. And perhaps I could even ask him are you confident you can give us an expert opinion on how a moving object would move if thrown from a moving car.

9356:52:25

JUDGE NEWMAN: I sustain the objection.

9366:52:31

MR. HARPOOTLIAN: Now, you've also done -- looked at a number of crime scene photos, correct?

9376:52:41
9386:52:42

MR. HARPOOTLIAN: And you understand where Maggie's body was.

9396:52:44
9406:52:44

MR. HARPOOTLIAN: And you understand where Paul's body was.

9416:52:47
9426:52:47

MR. HARPOOTLIAN: Would a vehicle -- first of all, tell me the typical headlights, the headlights on a Suburban, how far out would they go? How far out would you be able to see with them?

9436:53:00

MIKE SUTTON: Well, it depends on the object that you're looking at. But low beams, modern low beams, which would be on the --

9446:53:06
9456:53:06

MIKE SUTTON: -- you're going to be able to see about 250 feet in front of the vehicle along the ground.

9466:53:11

MR. HARPOOTLIAN: What about the width of the vision?

9476:53:12

MIKE SUTTON: Yeah. There will be a spread out to the side as the headlight beam pattern bends around. It may be 20 feet or so on either side of the vehicle. It depends on whether it's the left or the right, and it depends on the color of the objects on the ground. But, yes, the area in front of the Suburban would be well lit.

9486:53:32

MR. HARPOOTLIAN: And I believe you saw the Suburban's placement in the photos after the police officers arrived, correct?

9496:53:42

MIKE SUTTON: Well, yeah, I have seen the photographs. And I also have seen the path that the Suburban took by the GPS points as it drove up to the kennels.

9506:53:48

MR. HARPOOTLIAN: And based on those, do you have an opinion as to whether or not Alex Murdaugh, if he was driving that vehicle, would have been able to --

9516:53:57

MR. FERNANDEZ: Objection. Beyond the scope of his expertise.

9526:53:59

JUDGE NEWMAN: I need the hear the complete question before entertaining an objection.

9536:54:05

MR. HARPOOTLIAN: Based on your knowledge of the function of the headlights on a motor vehicle, do you ever look at that in terms of motor vehicle accidents that you investigate?

9546:54:14

MIKE SUTTON: I look at it all of the time, car pedestrian accidents.

9556:54:17
9566:54:18

MIKE SUTTON: It's a well known area of study in my field.

9576:54:22

MR. HARPOOTLIAN: So, do you have -- would be able to give an opinion as to what someone would be able to see with their headlights?

9586:54:28
9596:54:29

MR. HARPOOTLIAN: Do you do it all of the time?

9606:54:31
9616:54:32

MR. HARPOOTLIAN: So, do you have an opinion to a degree of mechanical engineering more probably than not whether Alex Murdaugh would have been able to see Paul and Maggie's bodies as he pulled up?

9626:54:40

MR. FERNANDEZ: Objection. Calls for speculation, beyond the scope, and no foundation laid for that line of questioning.

9636:54:48

JUDGE NEWMAN: I sustain the objection.

9646:54:50

MR. HARPOOTLIAN: Okay. You have looked at the photographs of the scene, right?

9656:54:56
9666:54:57

MR. HARPOOTLIAN: You've looked at the GPS data to see where that vehicle pulled initially, right?

9676:55:02
9686:55:02

MR. HARPOOTLIAN: Talking about the Suburban.

9696:55:03
9706:55:04

MR. HARPOOTLIAN: You routinely take that same data in a mechanical and -- not a mechanical, in a motor vehicle accident. You've been qualified to testify about motor vehicle accidents. They agreed to that. Tell me. Would someone driving that vehicle have been able to see in their headlights the bodies of Paul and Maggie at that GPS location?

9716:55:29

MR. FERNANDEZ: And again, I'm going to object, Your Honor. Same thing: calls for speculation.

9726:55:32

JUDGE NEWMAN: I overrule the objection.

9736:55:33
9746:55:34

MIKE SUTTON: Yes. They would definitely be available to be seen. I can't say what Mr. Murdaugh saw. But you're talking about objects that may be 25 feet in front of his Suburban and directly in front of his Suburban with low beam headlights on flat, level ground. It would illuminate the whole area under the shed, between the shed and the kennels, and the kennels. So, his headlights would definitely illuminate that area.

9756:56:08

MR. HARPOOTLIAN: Beg the Court's indulgence one moment.

9766:56:20

MR. HARPOOTLIAN: In your career investigating motor vehicle accidents, have you ever had the opportunity to look at how objects behave if they are thrown from or broken off from a motor vehicle that was in a wreck?

9776:56:41

MIKE SUTTON: Sure. The most common thing is, say, a motorcycle rider who hits a car and flies through the air. So, there are ways that you can analyze the trajectory. Say an object flying through the air at a certain speed, what happens when that object hits the ground? The other thing that you see, like objects coming off trucks. Unfortunately, things come off trucks all the time, and they bounce on the highway or fall off and they go through people's windshields. So, it's simple ballistics. It's straightforward kinematics of objects moving through some sort of a trajectory, and then also what happens once they strike the ground, how do they slow down. Of course, it depends on the surface, but, you know, how does an object slow down once it's flying through the air? Like if a rock comes off the dump truck and the dump truck is going 55 when the rock hits the ground, it's going to be going 55, so it's not just going to stop. It's going to continue traveling until it rolls and tumbles and slows down.

9786:57:46

MR. HARPOOTLIAN: Let me get back to a question, and that is an object this size, the size of my cell phone, if it's separated from the vehicle, thrown, fell off or whatever, on a car that's going whatever the speed limit, 45 miles an hour, and it is -- and it's headed -- heads over to where you saw Maggie's phone was found, would it rotate more than 45 degrees in the air?

9796:58:11

MR. FERNANDEZ: Objection. Speculation. No foundation laid.

9806:58:14

MR. HARPOOTLIAN: Please the Court, Your Honor. He has studied this --

9816:58:18

JUDGE NEWMAN: I understand what he has studied according to what -- what seems to be in -- not in dispute by the State since he's -- no challenge to his qualifications in any of the areas that you offered him in. The question is whether this calls for speculation.

9826:58:37

MR. HARPOOTLIAN: Are you speculating, or is this based on years of studies in physics, what you do?

9836:58:46

MIKE SUTTON: No. It would be based on physics.

9846:58:50

MR. HARPOOTLIAN: No speculation there, Your Honor.

9856:58:53

MR. FERNANDEZ: Your Honor, I -- permission to approach.

9866:58:57

MR. HARPOOTLIAN: Permission to what? I'm sorry.

9876:59:01

MR. FERNANDEZ: Approach.

9886:59:02

JUDGE NEWMAN: Let's all stand for a moment. Yes, you can come forward.

9896:59:28

(A bench conference was held between the Judge and the attorneys off the record.)

9907:00:03
9917:00:10

MR. HARPOOTLIAN: Okay. Let me see if I can ask this in a very concise way, and I promise I will sit down. So, you -- object's moving from a moving vehicle or even -- a moving vehicle like something this size, if it's going through the air and the car is going 45 miles an hour, will it tumble? Unless it's a spherical object, will it tumble?

9927:00:39

MIKE SUTTON: Well, it depends on how it's separated, like you said, from the car or thrown from the car. However it gets away from the car, you need to know that before you know what it's going to do in the air. But the one thing is for sure. It's going to hit the ground at 45 miles per hour, which is 66 feet per second, so as soon as the phone hits the ground, it's going to want to come to a stop, right? So, that phone will tumble and slide. If it was just, like, grass, just, like, flat grass, it's going to go about 115 to 120 feet. That's how long it's going to take that phone to slow down from 45 miles per hour. In the area where the phone came out, though, there's, like, some saplings and brush and pine straw. I doubt it went that far, but it would definitely, you know, tumble through the edge of the woods there.

9937:01:31

MR. HARPOOTLIAN: Tilt more than 45 degrees?

9947:01:35
9957:01:36

MR. HARPOOTLIAN: One -- and when you say tumble, it would tumble, correct? It would move head over heels, perhaps?

9967:01:43

MIKE SUTTON: Yes. That's what is going to happen to a --

9977:01:46
9987:01:47

MIKE SUTTON: -- you know, it doesn't have to be a phone, but any --

9997:01:51

MR. HARPOOTLIAN: Any object.

10007:01:51

MIKE SUTTON: -- a brick or anything like that, it's going to roll and tumble. Maybe if the surface is flat enough, it might even slide.

10017:01:59

MR. HARPOOTLIAN: One last question. I wasn't lying. That's what happens. You looked at the data on -- the speed data on the Suburban returning on the night of the 7th from Almeda to Moselle, correct?

10027:02:13
10037:02:13

MR. HARPOOTLIAN: And the State mentioned that there are a couple of times where his -- or at least one time where his speed goes up to 80 and comes back down. So, tell us what's happening with those peaks, the 70 and the 80.

10047:02:29

MIKE SUTTON: Well, if you look at Exhibit 142, this graph represents the speed, so the higher the peak, the higher the speed. The sharper the peak is the smaller amount of time that he spent at that speed. So, like the one in the middle, that goes to 80 miles an hour is just for just a second or so, a couple of seconds because each one of those blue lines represents three seconds. So, what that shows you is, is that he does reach high speeds on the return trip, but it's not for a long period of time. And that's why basically the average speed of Mr. Murdaugh coming back to Moselle is about the same as what SLED drove it, right, because you're not really changing the average speed that much because you're driving faster but just for little periods of time.

10057:03:19

MR. HARPOOTLIAN: Is that consistent with somebody passing a car?

10067:03:21

MIKE SUTTON: It could be.

10077:03:22

MR. HARPOOTLIAN: But it's just a up and down. It's not like 80 miles an hour all of the way back to Moselle, right?

10087:03:31

MIKE SUTTON: That's correct.

10097:03:33

MR. HARPOOTLIAN: Not to Moselle. From Almeda. I apologize.

10107:03:36

MR. HARPOOTLIAN: Beg the Court's indulgence.

10117:03:39

(Break in proceedings.)

10127:03:41

MR. HARPOOTLIAN: Thank you.

10137:03:42

JUDGE NEWMAN: Ladies and gentlemen, we'll take a break now. Please do not discuss the case.

(The jury left the courtroom.)

JUDGE NEWMAN: We will be in recess.

MR. HARPOOTLIAN: Thank you, Your Honor.

JUDGE NEWMAN: Sir, you cannot discuss your testimony.

(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. Cross-examination.

MR. FERNANDEZ: Thank you, Your Honor. May it please the Court?

CROSS-EXAMINATION

BY MR. FERNANDEZ:

MR. FERNANDEZ: Mr. Sutton, good afternoon.

MIKE SUTTON: Good afternoon.

MR. FERNANDEZ: I want to begin by going over a few of your qualifications that we heard about in the beginning of your testimony. Is your practice focused primarily on -- would you agree your practice is kind of focused primarily on accident reconstruction?

10297:23:16

MIKE SUTTON: I would say so, and failure analysis.

10307:23:19

MR. FERNANDEZ: And that would be in your advertisements online and your CV that you provided?

10317:23:24

MIKE SUTTON: Well, probably on a website. We really don't advertise, but definitely on my CV.

10327:23:29

MR. FERNANDEZ: Your website.

10337:23:30
10347:23:30

MR. FERNANDEZ: And most of the work you've done would have been in that field, the accident reconstruction or analyzing things to do with mostly civil litigation? Would that be fair to say?

10357:23:41

MIKE SUTTON: I would say yes, that's fair. Most of the work that the company does company-wide is civil litigation, and so accident reconstruction, that's a pretty broad description because -- for instance, I have civil engineers, I have biomedical engineers, so they deal with a lot of different subject matters.

10367:24:00

MR. FERNANDEZ: Okay, and primarily civil litigation, even though it's a broad area, civil litigation.

10377:24:06

MIKE SUTTON: Exactly, yes.

10387:24:07

MR. FERNANDEZ: Okay, and your client today is the defense. Is that correct?

10397:24:11
10407:24:12

MR. FERNANDEZ: And you were retained by them. When were you retained?

10417:24:16

MIKE SUTTON: Jim Griffin called me, I want to say it was about the middle of September of 2022.

10427:24:25

MR. FERNANDEZ: And I know we've seen your PowerPoint. Did you -- is that your report, or did you prepare a separate report for defense?

10437:24:32

MIKE SUTTON: The written report that I did in this case was on the acoustics testing, but the PowerPoint was just trying to pull -- you know, it's a big file, of course, but just trying to pull it all into one place.

10447:24:44

MR. FERNANDEZ: Did you provide any additional reports to counsel, to defense, or was the PowerPoint the only one?

10457:24:48

MIKE SUTTON: Just the PowerPoint, and then I had maybe a four to five page report on the results of the acoustics testing.

10467:24:56

MR. FERNANDEZ: And when did you finalize your PowerPoint that we just saw?

10477:25:01

MIKE SUTTON: In its final form, that would have been yesterday.

10487:25:05

MR. FERNANDEZ: So, you finalized your PowerPoint one day before your trial?

10497:25:10
10507:25:12

MR. FERNANDEZ: Is that -- is that standard for you to do?

10517:25:15
10527:25:16

MR. FERNANDEZ: All right, and what's your -- how much are you getting paid for your services?

10537:25:21

MIKE SUTTON: So, the company charges 350 an hour for my time.

10547:25:26

MR. FERNANDEZ: And how many hours have you worked on this case?

10557:25:30

MIKE SUTTON: Oh lord, a lot. I couldn't give you an idea, but I made two trips down here. I've been to Moselle twice. I read through a bunch of documents, you know, studied pictures forever. Got ready for trial, of course. That took awhile. I would probably say that I have, you know, somewhere between 40, 50 hours in this case.

10567:25:54

MR. FERNANDEZ: 40 to 50? Is that your estimate?

10577:25:57

MIKE SUTTON: I would think -- I would think so.

10587:26:01

MR. FERNANDEZ: And travel incurs additional expenses. Is that why you kind of mentioned it separately?

10597:26:06

MIKE SUTTON: It does, yes. So, yeah. The company charges any time I'm traveling or working.

10607:26:12

MR. FERNANDEZ: Have you ever done any work for the law firm formerly known as PMPED?

10617:26:18

MIKE SUTTON: No, I've had. Because I've been doing this for so long, and I do a lot of railroad cases, I have been on the other side of that law firm. And I've have been deposed, like, on the other side. They took my deposition. I was on the other side working for a defendant. But I've never worked for them directly, like, on a, like, say, a personal injury case or a wreck case.

10627:26:39

MR. FERNANDEZ: Have you ever been retained by -- to work on the boat case?

10637:26:43

MIKE SUTTON: Yes, I did.

10647:26:44

MR. FERNANDEZ: Tell me about that. What was your retention for for the boat case? And by the boat case, which one are you referring -- which one -- what did you understand that to be?

10657:26:52

MIKE SUTTON: Well, the boat case that -- the Mallory Beach case, so the one that occurred down on Parris Island. So, I do boat accidents. I do, you know, small vessel, watercraft, jet skis. I've actually worked an a ship, accident ship collisions before. So, I do a lot of maritime and boat accident work. And I was called by Jim Griffin a few years ago. It would have been probably, you know, within a few months of that accident, and I did an investigation of the boat crash.

10667:27:27

MR. FERNANDEZ: Does your -- do your services also include a retainer? Like, is there some sort of retainer to work off of before the hourly billing kicks in?

10677:27:36

MIKE SUTTON: No. Our company -- it's pretty simple. We just bill by the hour, so we don't do contracts or retainers. Some people in my field of work do.

10687:27:43

MR. FERNANDEZ: So, you were originally retained by Mr. Griffin for the boat case to do a boat reconstruction. Is that fair to say?

10697:27:50
10707:27:50

MR. FERNANDEZ: And that would be in line with your, you know, what you primarily do with your services at the -- your firm. Is that fair to say?

10717:27:58

MIKE SUTTON: Yes. It just falls underneath physics, mechanical engineering. Anything based in physics can -- has the potential for being explained, and that's what I do.

10727:28:09

MR. FERNANDEZ: All right, and I know your educational background is in engineering. Is that correct?

10737:28:15
10747:28:16

MR. FERNANDEZ: And I want to talk about a few things we can maybe agree on. And engineering is a field that -- would you agree engineering is a field that is based in science?

10757:28:26
10767:28:27

MR. FERNANDEZ: Would you agree with that?

10777:28:28
10787:28:28

MR. FERNANDEZ: Would you agree that engineering is a field that's based in, in math? Is that fair to say?

10797:28:34

MIKE SUTTON: There's a lot of math in engineering, yes.

10807:28:36

MR. FERNANDEZ: I mean, we heard a lot about trigonometry and angles and math, right?

10817:28:42
10827:28:43

MR. FERNANDEZ: Engineering is based -- a lot of it is based in hard facts. Would you agree with that?

10837:28:50
10847:28:51

MR. FERNANDEZ: And engineering -- some of the things that really have no business in engineering would be guesswork. Is that fair to say?

10857:29:00

MIKE SUTTON: Well, in engineering you can sometime make assumptions and then make guesses. But you always have to go back and test them, right? You develop what -- we call them hypotheses, right? So you look at the problem, you try to figure out what the problem is, you form a hypothesis, and then you test it. So, you know, you might say, well, I think this. And then you either mathematically or physically test it.

10867:29:24

MR. FERNANDEZ: Going back to that question about guesswork, though, because I don't know that you answered it, in engineering is it important not to use guesswork in making opinions?

10877:29:33

MIKE SUTTON: Right. If I give an opinion, I'm not guessing. So, whenever I give an opinion, there is a foundation based on my education, experience, and training for me to give that opinion.

10887:29:43

MR. FERNANDEZ: So, if an opinion is rendered and there's variables that aren't considered, would that be -- would you consider that to be guesswork?

10897:29:50

MIKE SUTTON: Well, it depends on how important the variables are. I mean, any engineer in any analysis procedure, you know, there could be lots of variables that don't matter. But if the variable matters, then, of course, that would affect your opinion.

10907:30:04

MR. FERNANDEZ: And in engineering, you know -- and we're thinking of -- I think you said you're a mechanical engineer?

10917:30:12
10927:30:13

MR. FERNANDEZ: By trade -- by education?

10937:30:14
10947:30:15

MR. FERNANDEZ: So, do mechanical engineers engage in speculation?

10957:30:19

MIKE SUTTON: Not in the context of giving opinions.

10967:30:21

MR. FERNANDEZ: Okay, and do mechanical engineers when they're -- whatever they're engineering or whatever they're opining about, do they base their opinion on assumptions?

10977:30:34

MIKE SUTTON: No. Primarily not even really -- your opinions can't be based on assumptions. Now, there can be aspects of your analysis that you have to test, but just -- you know, whether it's an assumption or a guess, that does not make for a good engineering opinion.

10987:30:57

MR. FERNANDEZ: I appreciate that. Thank you. By -- are you a member of any -- have you had any formal training in pathology?

10997:31:07
11007:31:08

MR. FERNANDEZ: Have you had any formal training in firearms or firearms -- how they work?

11017:31:15
11027:31:16

MR. FERNANDEZ: Are you a member of any organizations that do that line of work, that do tests on firearms or pathology?

11037:31:30
11047:31:32

MR. FERNANDEZ: Have you taken any shooting incident reconstruction classes?

11057:31:36
11067:31:37

MR. FERNANDEZ: Do you have any certifications in shooting incident and reconstruction?

11077:31:42
11087:31:43

MR. FERNANDEZ: Do you have any -- have you taken any classes in gunshot wounds?

11097:31:44
11107:31:44

MR. FERNANDEZ: Have you ever done any studies on bullet trajectory out of the muzzle of a gun?

11117:31:53
11127:31:54

MR. FERNANDEZ: Okay. What studies have you done?

11137:31:56

MIKE SUTTON: I've done all kinds of testing with --

11147:31:57

MR. FERNANDEZ: All right. Such as?

11157:31:58

MIKE SUTTON: For instance, one time I had a case, it was a murder case where a person was shot through a car door and was shot with a 357 Magnum, and the door had maybe six bullet holes, and each of the bullet holes had different characteristics. So, I went -- so, I went to the junkyard and got twenty-five to thirty of these doors, and I spent a couple of weeks shooting that door with a 357 Magnum at different angles, different distances, until I could replicate the bullet holes in the actual -- in the door. So, what you're doing is you have a door as evidence, and then you're trying to figure out, okay, what does that tell you? Not the same as what I talked about today, but similar. I've done -- I had a case one time where there were two deer hunters in the woods, and one got shot at long range. So, we did a lot of long range ballistic testing of the ammunition in the firearm to determine the drop distance of the bullet, and to understand where the one hunter would have to aim the weapon. I have done proximity testing with firearms by looking at the stippling. So, in other words, I have a rig that I can put a pistol in, and then I put target -- a lot of times I just shoot rock, and then what I do is I fire the gun at increments back and look at the pattern of the stippling. Sometimes you'll get soot and stippling, and sometimes that. So, it would all be testing within the context of the cases. You know, when I get involved in a firearms case, those are the types of things that -- types of tests that I would do. It's just a general part of our business. When we get presented with an engineering problem we do testing.

11167:33:50

MR. FERNANDEZ: And those testing, any of those studies that you did, were they subject to peer review or published in any publication?

11177:33:55

MIKE SUTTON: No. I typically don't write papers or submit papers. I just -- I do the work.

11187:34:00

MR. FERNANDEZ: So, it's you doing the test on your own. Is that right?

11197:34:04
11207:34:04

MR. FERNANDEZ: That's what it is?

11217:34:05

MIKE SUTTON: Yes, or with, you know, of course, people in my office help me.

11227:34:09

MR. FERNANDEZ: In your office.

11237:34:10
11247:34:10

MR. FERNANDEZ: And are you a member of the International Association for Identifications?

11257:34:13
11267:34:14

MR. FERNANDEZ: Firearms Identifications?

11277:34:15
11287:34:15

MR. FERNANDEZ: Do you have any certifications along those lines whatsoever?

11297:34:20

MIKE SUTTON: No. I'm not a firearms expert or a pathologist or a wound expert. That's not my area of physics; it's not my area of expertise.

11307:34:30

MR. FERNANDEZ: So, is it fair to say that any opinion you render on -- relating to firearms, we shouldn't rely on it then?

11317:34:35

MIKE SUTTON: That's not what I said. If it's related to exterior ballistics and terminal ballistics, then yeah, you can certainly rely upon it. But I'm not going to testify about wounds or pathology or anything like that, and I haven't.

11327:34:53

MR. FERNANDEZ: All right. I want to start with the -- start with the cell phone. I think we ended on the last line -- the charts. I don't know where those are. I'm showing you Defense Exhibit 141 and 142. I believe you testified that you --

11337:35:22

(Break in proceedings.)

11347:35:25

MR. FERNANDEZ: I believe you testified that you created these graphs. Is that right?

11357:35:30

MIKE SUTTON: No, I didn't. This is an Excel graph from the data, so it's just the raw data that was presented to me.

11367:35:42

MR. FERNANDEZ: All right. Well, who created it then?

11377:35:45

MIKE SUTTON: I'm not sure. I just reviewed it. I'm not sure who did this.

11387:35:50

MR. FERNANDEZ: All right. Can you tell me -- I think you testified before that at -- well, show me the time, if you would.

11397:35:56

MR. FERNANDEZ: And permission for the witness to come down.

11407:35:58

MR. FERNANDEZ: Show me the time that you indicated the phone was thrown from the car, if you wouldn't mind.

11417:36:04

MIKE SUTTON: Well, I got it specifically on my lap top. I can show you in general. It's up to you. I mean, I --

11427:36:11

MR. FERNANDEZ: Well, this is in evidence, so I'm asking for to you come down and find where it is.

11437:36:18

MIKE SUTTON: So, you want to know where the car passed where the phone was?

11447:36:21

MR. FERNANDEZ: And just for clarification -- yeah, one second, sorry. Just for clarification, we're looking at this chart. What is this showing us?

11457:36:29

MIKE SUTTON: That is a graph of the speed of the Suburban versus time. So, the speed is on the Y axis, this is speed, and then that's time. So, time is going that way, and this car speeds up. The line gets taller.

11467:36:40

MR. FERNANDEZ: Got it. And it says total time 16 minutes. What does that refer to?

11477:36:44

MIKE SUTTON: That's the time it took to drive from Moselle to the parents' house.

11487:36:48

MR. FERNANDEZ: Okay, and then it says next to that SLED test drive during day. What does that indicate?

11497:36:55

MIKE SUTTON: What, what that is, is it's just comparing. It took 16 minutes, Mr. Murdaugh, and then SLED did it. SLED did the same drive, not at nighttime but during the day, and it took 17.58 minutes.

11507:37:09

MR. FERNANDEZ: Okay. All right. So, as I was saying before, I think you testified you said -- you indicated a point where the cell phone had been thrown from the vehicle, or at least the time correlation. Could you please identify where that is for us?

11517:37:24

MIKE SUTTON: No, that's not what I said.

11527:37:26

MR. FERNANDEZ: Well, what did you say then?

11537:37:27

MIKE SUTTON: I said that when the car passes the location.

11547:37:29

MR. FERNANDEZ: Okay. Sorry.

11557:37:30

MIKE SUTTON: Yeah. I don't have any information about --

11567:37:34

MR. FERNANDEZ: When the car passes the location, where is it indicated on --

11577:37:37

MIKE SUTTON: It's -- I think it's that line right there.

11587:37:41

MR. FERNANDEZ: And you say you think. Why is it that you think?

11597:37:44

MIKE SUTTON: Well, it's not labeled, but it's on my laptop. I'll be glad to get my laptop.

11607:37:47

MR. FERNANDEZ: Well, this is in evidence, and this is what the jury is going to consider, so I --

11617:37:53

MR. HARPOOTLIAN: Objection, Your Honor. Objection. He has indicated he has a specific data on his laptop. If he wants the real answer, he'll be happy to walk to his laptop and get it for him. He says he looked at this. That's where it is. I mean, he's asked the question three times.

11627:38:10

JUDGE NEWMAN: It's cross-examination. You may proceed.

11637:38:13

MR. FERNANDEZ: You're not able to find it on here, are you, looking at this chart?

11647:38:16

MIKE SUTTON: Well, it's either this line right there or -- I think it's this one or this one.

11657:38:22

MR. FERNANDEZ: All right. Does engineering engage in I thinks and maybes?

11667:38:24

MIKE SUTTON: Okay. Well, let me get my laptop.

11677:38:26

MR. FERNANDEZ: Well, I'm just asking. You can you identify it on this chart?

11687:38:29

MIKE SUTTON: Well, I mean, this is a really big file.

11697:38:31

MR. FERNANDEZ: Your Honor, I would ask that the witness please answer the question.

11707:38:33

MIKE SUTTON: Well, I will answer it, but I don't have the whole file memorized, so let me just look at it for you. That way, you'll know the answer.

11717:38:41

MR. FERNANDEZ: Can you point it out on this chart without reviewing whatever you're about to review on your laptop?

11727:38:47
11737:38:48

MR. FERNANDEZ: Can you identify 9:12 on this chart without reviewing anything you're about to review on your laptop?

11747:38:54

MIKE SUTTON: You want me to answer the first question?

11757:38:56

MR. FERNANDEZ: You answered it. You said no. Can you answer -- can you identify where 9:12 on this chart is?

11767:39:02

MIKE SUTTON: No, they're not --

11777:39:03
11787:39:03

MIKE SUTTON: It doesn't have any numbers written down.

11797:39:05

MR. FERNANDEZ: Thank you. Can you identify where 9:20 is on this chart?

11807:39:09

MIKE SUTTON: Well, hold on. Do you want me to answer your questions, or do you want me to answer the first question?

11817:39:13

MR. FERNANDEZ: The questions, please. Can you identify where 9:20 is on this chart?

11827:39:17

MIKE SUTTON: No, because there are no numbers on this. But it's in --

11837:39:19

MR. FERNANDEZ: And can you identify where --

11847:39:21

MR. HARPOOTLIAN: Objection, Your Honor. He won't allow him to answer the question.

11857:39:24

JUDGE NEWMAN: All right, let's give the witness an opportunity to answer the question.

11867:39:30

MR. FERNANDEZ: Can you identify where 9:52 is on this chart?

11877:39:36

MIKE SUTTON: Not specifically.

11887:39:38

MR. FERNANDEZ: You can sit down. And I'm showing you what's been marked as State's -- Defense Exhibit 142. And same thing. There's no numbers, there's no times on your items, right?

11897:39:50

MIKE SUTTON: No, not on the X axis at the bottom.

11907:39:58

MR. FERNANDEZ: And you gave an opinion on objects being thrown, ejected, traveling, what was posited to you was 45 miles an hour. Do you remember that --

11917:40:12
11927:40:12

MR. FERNANDEZ: -- opinion? What are some variables -- and you're an engineer with a math background. What are some variables you would need to know before determining the distance, trajectory, and speed of an object?

11937:40:26

MIKE SUTTON: Like, is the hypothetical somebody threw a phone out of a window?

11947:40:31

MR. FERNANDEZ: A hypothetical is in order to determine the speed of any object, what are some variables that you would need to know in order to know the distance it was thrown, the trajectory it was thrown, and the speed in which it was thrown? What are some information that you would need to know in order to posit an opinion about that?

11957:40:48

MIKE SUTTON: Well, there would be a lot of variables. But the main ones would be -- and I think I understand your question, but let's say you find an object on the side of the road, and you want to know how fast -- let's just assume that somebody throws something out of the car that's driving down the road. And let's say this would be a typical problem that people ask me, or we're presented with. It's like, well, can you calculate based on the physical evidence on the side of the road? How fast was the car traveling when the phone was thrown out? I mean, let's just look at it that way. So, what you would need to know -- like, let's say that it was on the shoulder of a road and there was, like, an impact mark on the shoulder of the road, and then 57 feet later is the phone, right? So, you could make a pretty good determination the phone tumbled 57 feet. Well, a tumbling object decelerates at about a half a G, and that's 11 miles per hour per second. So, over 57 feet, you could back calculate it, you're going to come up with something probably like 30 miles per hour, right? The variables would be the condition of the shoulder, you know, obviously the speed that it's thrown out, right?

11967:42:04

MR. FERNANDEZ: Energy, right?

11977:42:05

MIKE SUTTON: Right, because, for instance, if you're driving down the road, could you throw it forward? You could throw it backwards. So, you may want to add the speed or subtract the speed from the velocity of the vehicle.

11987:42:16

MR. FERNANDEZ: And I'm going to let you keep going, but --

11997:42:19

MR. HARPOOTLIAN: Objection, Your Honor, he's not -- keeps trying to answer the question and he's interrupted again.

12007:42:23

JUDGE NEWMAN: Were you through answering that question?

12017:42:26

MIKE SUTTON: I think so. I think that's probably enough.

12027:42:27

JUDGE NEWMAN: All right. Next question.

12037:42:28

MR. FERNANDEZ: All right. About the strength, I think you said strength of the throw, is that what you were talking about when you last -- right?

12047:42:37
12057:42:38

MR. FERNANDEZ: Variables.

12067:42:38

MIKE SUTTON: Right, because if you just drop the phone from the car, it has zero initial velocity relative to the car, but the car has relative velocity to the road. So, for instance, it's going to have a different trajectory if you throw it straight down at your window than it would be if you throw it up in the air or throw it sideways. Those are all what's is called initial conditions. And so -- but, you know, if you had information -- let's say you had a witness in the passenger's seat that said, well, he tossed it straight out of the window. Then you could calculate it that way, but you would need more information. So, you know, to know specifically this type of problem, you would need to know a lot of different information to get a -- to get like a -- if you said how fast is this car going based on how far that phone tumbled down the street, yeah, you would need to know some more information.

12077:43:33

MR. FERNANDEZ: So, you would need to know the energy from, energy with -- at which the object was thrown, correct?

12087:43:38

MIKE SUTTON: Yes, or the speed.

12097:43:39

MR. FERNANDEZ: Would you need to know the mass of the object that was thrown?

12107:43:45
12117:43:45

MR. FERNANDEZ: That wouldn't matter?

12127:43:46
12137:43:47

MR. FERNANDEZ: Would you need to know the wind resistence, if any?

12147:43:50
12157:43:50

MR. FERNANDEZ: Would you need to know the wind speed, if any?

12167:43:54

MIKE SUTTON: It depends on the problem, but that might be a factor.

12177:43:59

MR. FERNANDEZ: And absent any of those variables, really can't tell anything about an object that was thrown. Is that fair to say?

12187:44:07

MIKE SUTTON: Well, it depends on the question that's asked. If you were asking me the question how fast were the car going, then yes, you would need all of those variables unless you wanted a wide range of answers. But if you ask me if you toss a phone at near highway speed or close to highway speed, will it tumble, it's a completely different question. There's no variables there. That's just fact.

12197:44:32

MR. FERNANDEZ: And while this may be obvious, I'm going to show you what's been marked -- or what's been entered into evidence as State's Exhibit 230. I'm sorry. I keep doing that to you. Is that the side of the -- is this the side of the road that you visited?

12207:45:04

MIKE SUTTON: It looks like it.

12217:45:09

MR. FERNANDEZ: Does that look like it also, State's -- sorry, I'm showing you State's 231.

12227:45:14

MIKE SUTTON: Yes. I know there's woods on the east side, and there's an open field on the west side.

12237:45:38

(Break in proceedings.)

12247:45:43

MR. FERNANDEZ: And does that look like a shot from the side of the road that you visited on Moselle?

12257:46:13
12267:46:16

MR. FERNANDEZ: Okay, and what are we seeing here? In the background, what are we seeing?

12277:46:23

MIKE SUTTON: Well, in the background there's the field that's over on the west side of the --

12287:46:27

MR. FERNANDEZ: All right. In front of the field, what is that?

12297:46:29

MIKE SUTTON: That's the roadway.

12307:46:29

MR. FERNANDEZ: Okay, and in front of that road, right in front of the road on the picture, the green stuff?

12317:46:34

MIKE SUTTON: Grass shoulder.

12327:46:35

MR. FERNANDEZ: All right, and then near at the bottom of the screen, what are we seeing?

12337:46:39

MIKE SUTTON: It's, like, vegetation, leaves, sticks.

12347:46:41

MR. FERNANDEZ: You would agree that bush -- sorry, leaves and grass is fairly soft. Would you agree with that?

12357:46:47
12367:46:47

MR. FERNANDEZ: I'm showing you what's been entered as 232, different angles. That would be the same road to you?

12377:46:58

MIKE SUTTON: Yes. That's looking basically north.

12387:47:02

MR. FERNANDEZ: And, again, grass, right, on the side of the road?

12397:47:07

MIKE SUTTON: Yes. That's on the west shoulder.

12407:47:20

MR. FERNANDEZ: All right. When you do sound studies, is it -- have you done -- is it primarily for like OSHA-related things, or I know you mentioned some companies. Is that what the sound studies have primarily been for?

12417:47:38

MIKE SUTTON: It's -- typically the work that I do now, because --

12427:47:41

MR. FERNANDEZ: The sound studies?

12437:47:42

MIKE SUTTON: Yes. The acoustics measurements that I do typically would be related to train whistles, train horns, emergency vehicles. Backup alarms where, say, somebody gets backed over with a truck, audibility of backup alarms. I've had audibility of warning alarms inside of a factory. Like, you know, could a worker hear the alarm and then get out of an area that was dangerous. So, it's usually emergency signals is typical. I have worked on a criminal case where it wasn't a gunshot, it was a woman screaming, and could, could a particular -- become ear witnesses instead of eye witnesses, but could a particular ear witness hear a woman screaming at a distance, and so on.

12447:48:29

MR. FERNANDEZ: And would that be for work place considerations, there was some accident at work and it maybe relates to OSHA?

12457:48:34

MIKE SUTTON: No, this was a murder case. So --

12467:48:35

MR. FERNANDEZ: Oh, I meant the other things you mentioned previously, sorry.

12477:48:38

MIKE SUTTON: No. The other ones, I mean, typically are going to be civil litigation where, you know, you might have a dump truck manufacturer getting sued for not having an audible alarm that's, you know, loud enough. Or just plain -- or sometimes what happens in a car accident -- I mean, not a car accident, like a back over accident, they're saying that the person that got run over should have heard the truck coming and got out of the way, right? So, people argue back and forth about who could hear and not hear, like, a backup alarm.

12487:49:15

MR. FERNANDEZ: All right. I'm going to direct your attention now to the sound study that you conducted, and it was in your PowerPoint, I believe, Page 75 of your Defense Exhibit. Referring to the Defense Exhibit 140.

12497:49:44

MR. FERNANDEZ: And if we could get digitally 143?

12507:49:53

(Break in proceedings.)

12517:49:56

MR. FERNANDEZ: All right, if I could -- if you could, please, page 75 -- or Exhibit 76 --

12527:50:01

UNIDENTIFIED SPEAKER: This is 75. The next one is 76.

12537:50:04

MR. FERNANDEZ: Okay. There you go.

12547:50:06

MR. FERNANDEZ: All right, and remind me again, and I know it's visual there, but what's the distance between the dog kennels and the house right there?

12557:50:16

MIKE SUTTON: Straight line distance is 142 feet.

12567:50:19
12577:50:20

MIKE SUTTON: Oh, what did I say?

12587:50:22

MR. FERNANDEZ: I think you said 142.

12597:50:25

MIKE SUTTON: Oh, no. It's, like, 1,150 feet. Let's just call it 1,150. 1,150.

12607:50:32

MR. FERNANDEZ: All right, and that's as the crow flies, right?

12617:50:37
12627:50:38

MR. FERNANDEZ: All right.

12637:50:40

MR. FERNANDEZ: Please continue over to exhibit -- if you would just fast forward for me. Sorry, I'm trying to find the number. Exhibit 1. If you'll keep going, I'll stop you on the 300 Blackout.

12647:50:57

MR. FERNANDEZ: All right, this ammunition. What kind of ammunition is that?

12657:51:00

MIKE SUTTON: 300 Blackout 147 grain Full Metal Jacket.

12667:51:04

MR. FERNANDEZ: Okay. Do you know who the manufacturer of that is?

12677:51:08

MIKE SUTTON: It's looks like Sellier and Bellot.

12687:51:11

MR. FERNANDEZ: All right, and that's the ammunition you used on the 300 Blackout test?

12697:51:16
12707:51:17

MR. FERNANDEZ: All right, if you would fast forward a couple?

12717:51:21

MR. FERNANDEZ: And this is -- is this your rifle?

12727:51:24
12737:51:25

MR. FERNANDEZ: Is this a person's rifle that was working for you?

12747:51:29

MIKE SUTTON: No. This was a -- the lawyer Jim Griffin provided the two weapons.

12757:51:37

MR. FERNANDEZ: Okay. Did you yourself test -- actually fire these weapons?

12767:51:40

MIKE SUTTON: No. An engineer in my office, whose name is Michael Whitley. So, since I was running the acoustic equipment up in the house, then Michael Whitley was the one who actually pulled the trigger.

12777:51:51

MR. FERNANDEZ: And are you familiar with this type of firearm?

12787:51:53
12797:51:54

MR. FERNANDEZ: All right. What is that?

12807:51:55

MIKE SUTTON: Well, it's a 300 Blackout, which is the name of the ammunition. And so basically what it is, is a AR15 style rifle with a shorter barrel, and when they shorten the barrel they needed a specially designed ammo for it so it would be efficient. In other words, it's the type of weapon that might be used in close quarters so it's shorter and you can move around and maneuver, but when you cut the barrel down to, say, 8 or 9 inches, you need to chamber a different round. And that's basically what this is.

12817:52:28

MR. FERNANDEZ: And is it actually -- are you aware it's actually considered a pistol for purposes of government identifications?

12827:52:35

MIKE SUTTON: I don't know if this particular one is considered a pistol or not. Like I said, I'm not a gun expert, but --

12837:52:42

MR. FERNANDEZ: That's fine. All right.

12847:52:43

MR. FERNANDEZ: If you would, please, fast forward to there.

12857:52:46

MR. FERNANDEZ: All right. This?

12867:52:48

MR. FERNANDEZ: Reverse one, please. Thank you.

12877:52:50

MR. FERNANDEZ: All right. This picture, what are we looking at?

12887:52:54

MIKE SUTTON: That's the ammunition. That's the buckshot that we used.

12897:52:57

MR. FERNANDEZ: All right, and is there any -- is there a reason you chose this particular brand?

12907:53:02

MIKE SUTTON: The Winchester was similar to the brand of ammunition used.

12917:53:07

MR. FERNANDEZ: What kind of ammunition is this type?

12927:53:09

MIKE SUTTON: It's a 12 gauge buckshot. It's, like, 2 and 3 quarter inch shells. I want to say that the buckshot in the murder was maybe a 3 inch shell, but this is a similar load.

12937:53:19

MR. FERNANDEZ: So, similar but not the same?

12947:53:22

MIKE SUTTON: That's correct.

12957:53:24

MR. FERNANDEZ: And not the same manufacturer?

12967:53:26

MIKE SUTTON: I think it was Federal. I would have to go back and look. But I think it was Federal and maybe Winchester. The reason is, is just because I know that the plastic shot cups were found at the crime sign, and I think that's Winchester, but I would have to go look.

12977:53:43

MR. FERNANDEZ: Okay. So -- but you can concede you didn't use the same buckshot as was used in the murder of Paul Murdaugh?

12987:53:50

MIKE SUTTON: No. It's probably slightly different.

12997:53:51

MR. FERNANDEZ: All right. If you would, please continue to Exhibit 7.

13007:53:57

MR. FERNANDEZ: And again, what do we have here?

13017:53:59

MIKE SUTTON: That would be the Turkey Load, or birdshot with the smaller pellets that we used.

13027:54:05

MR. FERNANDEZ: Okay, and, again, this is not the same load that was used in the murder of Paul Murdaugh.

13037:54:11

MIKE SUTTON: I don't think it's the exact same. It's just representative.

13047:54:17

MR. FERNANDEZ: All right. If you would, please go to Exhibit 24. I think it is, like, two or three slides. There you go. Thank you.

13057:54:27

MR. FERNANDEZ: All right, and, again, this is the interior of the house at Moselle. Is that correct?

13067:54:31
13077:54:32

MR. FERNANDEZ: And I believe you already testified to it, but what was the ambient decibel reading inside that house?

13087:54:38

MIKE SUTTON: 35 decibels, pretty much steady state.

13097:54:41

MR. FERNANDEZ: Is that -- I guess -- we heard a audio clip, right?

13107:54:47
13117:54:48

MR. FERNANDEZ: That we played for the jury. Does the ability to hear something, is it affected by the ambient noise?

13127:54:57

MIKE SUTTON: Yes, that's what -- yes.

13137:54:58

MR. FERNANDEZ: Do you have -- did you do a test on what the ambient noise is in this courtroom?

13147:55:04

MIKE SUTTON: No. I can do it right now if you want me to.

13157:55:06

MR. FERNANDEZ: Did you do it before -- well, does the ambient noise have an effect on how we hear something?

13167:55:10

MIKE SUTTON: Yes, that's what I explained. So, in order for you to be able to clearly hear something, it's got to be 10 decibels above background.

13177:55:17

MR. FERNANDEZ: And we heard --

13187:55:18

MIKE SUTTON: If it's 10 decibels below background, you're not going to be able to hear it. And when you're in between, it depends on if you're listening for it. Like if you're really listening for something, like if you're at a train crossing and you were listening for the train horn, it could be right at the background level. Like you've got the radio on a little bit, the train horn can be right at the background level, but since you're listening for it, you might be able to hear it. If you're not paying attention, then you might not. But if it's 10 decibels above your background, you will hear it. 10 decibels below, you're not going to hear it. Because, again, that's twice as loud or twice as soft.

13197:55:55

MR. FERNANDEZ: And it sounds relative, and you, I know you gave an example of a concert. How did you decide, or how did anyone decide what volume to play that sound clip? Would volume affect your ability to hear something?

13207:56:11

MIKE SUTTON: It does, but it really wouldn't matter because, again, the shot from the kennels was only 1 to 3 DB above background. So, it was about, you know, 36, 37, 38 decibels. And even if you rustle a piece of paper, that could be in the 50s, and so there's just -- it doesn't really -- in this case the volume of the TV, it really didn't matter just because the sound of the gun inside that house is so faint, it wouldn't make a difference.

13217:56:42

MR. FERNANDEZ: All right, and I know this is beyond -- this may be outside of your expertise, but just asking your common sense. Are you aware that trees generally grow?

13227:56:51
13237:56:51

MR. FERNANDEZ: So, remind me, again, what days did you go out and perform these sound tests?

13247:56:57

MIKE SUTTON: The sound tests were January 5th of this year, so '23.

13257:57:02

MR. FERNANDEZ: And I know we have some pictures.

13267:57:04

MR. FERNANDEZ: If you wouldn't mind backing it up to Exhibit 14? That's the closest representation I can find. Okay. Right there is fine, sorry.

13277:57:15

MR. FERNANDEZ: Would this tree line on the back of the picture, Exhibit 10, be consistent with what you saw in January?

13287:57:22

MIKE SUTTON: Yes, that is January.

13297:57:24

MR. FERNANDEZ: Okay, and the -- are you aware of what the date of the murder was?

13307:57:29

MIKE SUTTON: Well, it's -- that's June the 7th of '21. So, basically this picture is taken, let's say, what, eighteen months later, nineteen months later?

13317:57:37

MR. FERNANDEZ: And I think you did testify that sound speed travels in a straight line. Sound would be affected by the tree line. Is that correct?

13327:57:47

MIKE SUTTON: It will be on the other side of the tree line. It's also going straight up, too. It's like I said before, it's like a big half bubble getting bigger. The tree is probably -- obviously did grow in the year and a half when it happened, and I did make correction for the trees, but it was only -- I think it was 1.7 DB, if I recall. But -- so the trees made a difference, but not that big of a difference.

13337:58:14

MR. FERNANDEZ: Well, without being there and whatever the tree height were, would that have an affect on the sound level? I mean, I think you said you accommodated 1.7 DB, but will you agree that the height of a tree or a forest would have an affect on the sound?

13347:58:27

MIKE SUTTON: Oh, it will have an affect, but in this case it -- you know, it's -- let's just call it 2 decibels. And what I'm talking about is, you know, background inside the house, if you had the TV on, is, like, 70 decibels, right? So, we're comparing 35 or 40 decibels. Whether we add or subtract 2 it makes no difference because you've got 70 versus 30 or 40. And remember, just 10 decibels is twice as loud, so 70 decibels is many, many times louder. So, I went through the process of making sure that the numbers were correct, but minor variables such as wind, humidity, wind speed, the trees, all of those, even if you, in fact, factored all of those in, it really doesn't make a difference just because the gunshot inside the house was so faint that you're just not going to hear it.

13357:59:28

MR. FERNANDEZ: All right. If you would, sir, if you wouldn't mind turning to Exhibit 25, please.

13367:59:35

UNIDENTIFIED SPEAKER: Is that forward or backwards?

13377:59:38

MR. FERNANDEZ: It would be toward the end, forward.

13387:59:43

(Break in proceedings.)

13397:59:45

MR. FERNANDEZ: It's a chart. Yeah, the next one. The next one, if you wouldn't mind. Okay.

13407:59:57

MR. FERNANDEZ: What's the decibels of a vacuum cleaner at 3 meters and a gas lawnmower at 30 meters? What's the decibel rating on that?

13418:00:05
13428:00:06

MR. FERNANDEZ: It would be 70?

13438:00:08
13448:00:08

MR. FERNANDEZ: And you said the TV was at 70?

13458:00:11

MIKE SUTTON: 68 to 70.

13468:00:12

MR. FERNANDEZ: So, the same as a vacuum cleaner running and a gas lawnmower.

13478:00:16

MIKE SUTTON: Well, the lawnmower is, what, at 30 meters, which is -- that's, you know, 100 feet. That must be a pretty quiet vacuum cleaner because in my experience, a vacuum cleaner is a lot louder than 70 decibels.

13488:00:29

MR. FERNANDEZ: What is the decibel reading that you measured for the shotgun blast again?

13498:00:34

MIKE SUTTON: Around 155, I believe. It's on the next slide.

13508:00:38

MR. FERNANDEZ: And what was the reading for the rifle?

13518:00:41
13528:00:42

MR. FERNANDEZ: I think you talked about extrapolation. You know what I'm referring to, extrapolating the sound over distance?

13538:00:50
13548:00:50

MR. FERNANDEZ: Okay, and I think you said, but the sound dissipates 6 decibels for every twice the distance. Is that fair to say?

13558:01:01
13568:01:01

MR. FERNANDEZ: Is that accurate?

13578:01:02
13588:01:02

MR. FERNANDEZ: And that's what you testified to.

13598:01:03
13608:01:03

MR. FERNANDEZ: So, if you wouldn't mind, could you extrapolate for me? So at 165, which is what the rifle tested at, could you reverse extrapolate that to 1,024 feet? Did you do the math?

13618:01:14

MIKE SUTTON: Yes, I have that. Well, it's actually a slide, but I have got the chart if you'll give me a second. So, what I did was when you add in the attenuation -- what distance do you want to know?

13628:01:52

MR. FERNANDEZ: 1,024 feet.

13638:01:54

MIKE SUTTON: So, basically just, like, outside the house?

13648:01:56

MR. FERNANDEZ: Yeah, just basically.

13658:01:56

MIKE SUTTON: Yeah. Okay. So, because of the weather conditions, I adjusted the number up for -- I'm assuming we want to talk about the night of the murders, right?

13668:02:07

MR. FERNANDEZ: I just want to know if you could reverse -- if you could extrapolate -- I don't want to know about weather conditions or anything right now. I just want to extrapolate 165 decibels beginning at, you know, 3 feet, beginning at 3 feet, and then I want to extrapolate it to 1,024 feet. And those are even numbers.

13678:02:25

MIKE SUTTON: It's 89.5 decibels.

13688:02:29

MR. FERNANDEZ: Could you repeat that, please?

13698:02:32

MIKE SUTTON: Yes, 89.5 decibels. Let's just say you're just right outside the house.

13708:02:41

MR. FERNANDEZ: What are you saying? Right outside the house?

13718:02:43

MIKE SUTTON: Yes. Inside the house it was -- it's in my other report. Inside the house it was maybe 35 to 38 decibels inside the house.

13728:02:57

MR. FERNANDEZ: I'll come back do that. I don't want to know inside the house, outside the house. I just want to know in a lab setting you have a 165 decibel blast measured at 3 feet, so 165 decibels at 3 feet, if you extrapolated that out for distance, what would the decibel be just pure -- just lab setting?

13738:03:22

MIKE SUTTON: Lab setting?

13748:03:23

MR. FERNANDEZ: What would the mathematical equation be?

13758:03:25

MIKE SUTTON: Well, it would be a little bit different in the lab setting. This is not a lab setting. But if you did, you would go -- I don't have that written out. You may have already done it, but if you take 3 feet --

13768:03:36

MR. FERNANDEZ: Would you disagree -- let me ask you this, and I'm not -- it's not a trick question, lab setting. We can put all of the qualifications in, but would it be at 1,024 feet, would you have any reason to doubt that it would be at 105 decibels?

13778:03:46

MIKE SUTTON: That sounds about right. I think I did that at one point in time and got about the same number you did.

13788:03:52

MR. FERNANDEZ: All right, and if you wouldn't mind, what is your chart indicating is 105 decibels?

13798:04:02

MIKE SUTTON: Let's see.

13808:04:03

MR. FERNANDEZ: Just what the chart says.

13818:04:06

MIKE SUTTON: It says jet flight at 300 meters, which is basically a thousand feet.

13828:04:12

MR. FERNANDEZ: Thank you. Would you agree that a cat's meowing -- or a cat is fairly low on the decibel meter?

13838:04:23
13848:04:24

MR. FERNANDEZ: Certainly if a cat was outside and you're inside, fairly hard to hear. Would that be fair to say?

13858:04:36

MIKE SUTTON: Yeah, unless the window is open.

13868:04:40

MR. FERNANDEZ: I'm going to reverse and now going to --

13878:04:46

MR. FERNANDEZ: If you wouldn't mind starting at page -- or Exhibit 57. You'll have to go backwards. Yeah, keep going. It's the first part of this. There we go. Thank you.

13888:05:10

MR. FERNANDEZ: All right, referring to your Exhibit 57 on your PowerPoint, I know you testified to it, but are you familiar with what this image shows?

13898:05:19
13908:05:19

MR. FERNANDEZ: All right, and this is the feed room with a view of the window. Is that correct?

13918:05:24

MIKE SUTTON: That's correct.

13928:05:24

MR. FERNANDEZ: And this is not a picture you took. Is that fair to say?

13938:05:28

MIKE SUTTON: No. This is the night -- the crime scene pictures from June 7th.

13948:05:32

MR. FERNANDEZ: All right. Do you -- just visually looking at it, do you see holes in the window?

13958:05:38
13968:05:38

MR. FERNANDEZ: Okay. Do you see a whole lot of other stuff in that picture on the shelves in front of it, behind it, below it, above it?

13978:05:49
13988:05:50

MR. FERNANDEZ: All right. If you would, please, continue on to the next slides.

13998:05:59

MR. FERNANDEZ: I'm going to go to your Exhibit 45.

14008:06:04

MR. FERNANDEZ: It's going the other way towards the end of it. Break right there. 44 is fine.

14018:06:15

MR. FERNANDEZ: All right. So, I think you testified that you kind of visually looked through the hole in the window and kind of aligned your eye with a tree outside. Is that kind of how it went?

14028:06:28
14038:06:29

MR. FERNANDEZ: You said you -- correct me if I'm wrong, you can tell me in a second, but didn't you say you lowered your head to where you perceived a chest wound would be and looked out the window and tried to align it with that defect?

14048:06:42
14058:06:43

MR. FERNANDEZ: Okay. So, the only thing I missed was lowering my -- your head, right?

14068:06:48

MIKE SUTTON: Right, and I didn't do it in the window. I did it in the middle of the room.

14078:06:54

MR. FERNANDEZ: Now, we've already established you have no training, experience, or expertise in shotguns. Is that correct?

14088:07:03

MIKE SUTTON: Well, maybe you need to explain a little bit more.

14098:07:05

MR. FERNANDEZ: Well, what, what -- do you have any formal training, formal expertise, formal education in how shotguns work, how shotgun projectiles work, and what they do after leaving the end of that barrel? Do you have any formal training, expertise, certifications, anything?

14108:07:21

MIKE SUTTON: Not formal training. But I've done a lot of study, and I've also tested shotguns, and I've fired many shotguns before. I understand what happens to the pellets, and this particular pellet is one of the pellets that would have passed through Paul.

14118:07:36

MR. FERNANDEZ: All right. What's the spread of a shotgun pellet exiting a shotgun barrel? What's the spread every 1 inch?

14128:07:47

MIKE SUTTON: Well, it's going to vary based on the choke and the ammunition. But for this one, it's pretty clear that the spread is about the side of a window because the muzzle of the shotgun was maybe -- let's call it 3 feet inside the door. It's a 10 foot long room. So, at 7 feet the spread of these pellets after passing through a person, the spread of them is probably -- that window may be 26 inches wide, so that's going to be the spread. Obviously there can be some deflection of the bullets as they pass through the body of the victim.

14138:08:28

MR. FERNANDEZ: Would that be a variable?

14148:08:30
14158:08:31

MR. FERNANDEZ: Okay. So, do you know the spread of a shotgun every yard, how much it spreads, the cone? Do you know how much it spreads per yard?

14168:08:38

MIKE SUTTON: What kind of choke?

14178:08:39

MR. FERNANDEZ: Any choke, any gauge.

14188:08:40

MIKE SUTTON: I don't know the number --

14198:08:40

MR. FERNANDEZ: Do you know?

14208:08:41

MIKE SUTTON: I don't know number off the top --

14218:08:42
14228:08:42

MIKE SUTTON: -- of my head.

14238:08:43

MR. FERNANDEZ: You don't know. Do you even know it not even off the top of your head without looking it up?

14248:08:48

MIKE SUTTON: I would have to look it up.

14258:08:50

MR. FERNANDEZ: Okay, and do you know the range of fire for 10 feet, what that spread is in centimeters? Do you know? Or inches? Either.

14268:08:59

MIKE SUTTON: I don't have this committed to memory. I would look it up.

14278:09:03

MR. FERNANDEZ: Is that even something you've ever known, or is that something you would have to look up?

14288:09:09

MIKE SUTTON: Like I said before, I have tested such things before, and I have certainly read --

14298:09:12

MR. FERNANDEZ: I'm asking if you tested.

14308:09:14

MR. HARPOOTLIAN: Objection, Your Honor. Let him answer his question.

14318:09:15

MIKE SUTTON: But again, it's not something that I have committed to memory. Again, this -- you know, if, if you wanted to know something like that, if that was helpful in this particular case, then what you would do is you would go to the literature and find those answers. But I don't have that memorized.

14328:09:31

MR. FERNANDEZ: Well, aren't you rendering an opinion by drawing a line by saying somehow that that exited the shotgun? I mean, we saw the pictures with you standing there with your shotgun, and we see this line. Are you not giving an opinion of its exit?

14338:09:43

MIKE SUTTON: I'm giving an opinion that a pellet from that shotgun followed that line and struck the tree.

14348:09:48

MR. FERNANDEZ: And yet you don't even know the cone and the rate of expansion of a shotgun. How can you give that opinion?

14358:09:54

MIKE SUTTON: You don't need to know that. So, because what you have here, you've got a hole in the window, and we have a slide for it. There's a hole in the window. There's a impact mark on the tree. That pellet traveled the straight distance between those two points, and two points forms a line. You don't need to know the spread. I mean, that's actually what happened was a pellet came out of that gun, it passed through the victim, it went through a hole in the window, and it hit the tree.

14368:10:24

MR. FERNANDEZ: How do you know that -- are you -- how do you know it passed through victim? How do you know that?

14378:10:29

MIKE SUTTON: Well, it has nine pellets in a shotgun. Paul had one pellet in his shoulder, SLED recovered seven, I recovered nine, so I recovered the last pellet.

14388:10:40

MR. FERNANDEZ: All right. So, how do you know that? How do you know that? What are you basing that on? What you just testified to, what are you basing that on?

14398:10:48

MIKE SUTTON: Well, when I looked at the SLED records, they found seven pellets, or -- that went through his body. They didn't find all of the pellets, but he had eight entrance wounds, he had seven exit wounds. They found one pellet in his body, so that's eight, but we know the manufacturer puts nine. When I went to the crime scene in October 19 of 2021, the ninth buckshot pellet was in the window frame.

14408:11:23

MR. FERNANDEZ: How do you know that was the ninth buckshot pellet that went through him? Did you analyze it?

14418:11:29

MIKE SUTTON: Well --

14428:11:29

MR. FERNANDEZ: Did you analyze it?

14438:11:31

MIKE SUTTON: I didn't analyze it, but --

14448:11:32

MR. FERNANDEZ: Are you assuming --

14458:11:33

MR. HARPOOTLIAN: Objection, Your Honor. He's not allowing him to answer the question. He said I didn't analyze it but, and then he interrupted him.

14468:11:42

JUDGE NEWMAN: I didn't hear the but, but go ahead.

14478:11:46

MIKE SUTTON: So, the window got shot, right? Most of the pellets went through the window. Some of the pellets went through the little white parts of the window. There was one pellet that SLED didn't recover, and the reason is it was under kind of a lip. You know how where you pick up on a window, there's the thing where you put your fingers? It was under that but still there. So, you have a pattern of buckshot pellets like this big, and so you got nine holes basically, or eight, because there was one pellet left in the victim, right? So nine --

14488:12:21

MR. FERNANDEZ: How much -- sorry?

14498:12:22

MIKE SUTTON: Nine minus the one, so you have eight. There were eight holes in that window. In my world, that's a very high probability that those are the pellets that came from the buckshot that injured Paul Murdaugh.

14508:12:40

MR. FERNANDEZ: What is this big thing here at the bottom, that big opening? Exhibit 47.

14518:12:47

MIKE SUTTON: You're talking about the missing glass?

14528:12:51

MR. FERNANDEZ: Yeah. What is that?

14538:12:53

MIKE SUTTON: It's missing glass.

14548:12:55

MR. FERNANDEZ: All right. How many pellets went through there?

14558:13:00

MIKE SUTTON: I would have to go back and look at my notes. But I accounted for every pellet except for the one that was missed by the crime scene investigators, which is under the --

14568:13:08

MR. FERNANDEZ: Let's, let's talk about that. How many grains was the pellet you located on the window sill?

14578:13:14

MIKE SUTTON: I never weighed it.

14588:13:16

MR. FERNANDEZ: Again, how do you know it came from there? Do you really know that it came from there, or are you assuming it came from there?

14598:13:22

MIKE SUTTON: Well, the window got shot with buckshot and there's one missing pellet. Again, in my world there's a very high confidence level that that missing pellet is there.

14608:13:33

MR. FERNANDEZ: Is that the same confidence level that you're using for all of these other opinions? That? That you found the pellet?

14618:13:39

MIKE SUTTON: Yeah. All of my opinions are at a very high confidence level, yes.

14628:13:43

MR. FERNANDEZ: Well, we're going to go through them.

14638:13:45

MR. HARPOOTLIAN: I'm sorry, Your Honor, was that a question?

14648:13:47

MR. FERNANDEZ: The line here --

14658:13:48

JUDGE NEWMAN: I didn't hear it.

14668:13:50

MR. HARPOOTLIAN: I object to that question. We're going to get to them, that's what he said.

14678:13:58

JUDGE NEWMAN: All right. Well, the Court sustains the objection to the comment.

14688:14:04

MR. FERNANDEZ: The rope here, this orange rope, is that the one that continues back to the tree?

14698:14:08
14708:14:08

MR. FERNANDEZ: All right. Do you have any formal training in what an -- what a projectile does if it strikes anything, be it human flesh or glass or any of the other items that would have been located? Do you have any training in that?

14718:14:23

MIKE SUTTON: Again, not formal training, but it obeys the laws of physics. And I tested it myself, and I've studied impacts. It's a big part of what I do, so --

14728:14:32

MR. FERNANDEZ: Have you done a test where you shot shotguns through glass, through wood, and through a human body, and then measured where they ended up? Have you done those tests?

14738:14:41

MIKE SUTTON: No. You don't need to test it because you can just look and see what happened to it.

14748:14:45

MR. FERNANDEZ: So, is the answer no?

14758:14:47

MIKE SUTTON: I didn't do any testing with the shotgun here, but why would you need to test? Because I think we got the same slide up there. Would you agree with me -- well, I can't ask you a question. But that pellet, that pellet right there went through that window and it lodged in a tree, or damaged the tree. I don't need to test that because that's just what happened. I mean, it's --

14768:15:09

MR. FERNANDEZ: All right. Is it your opinion that it can only be that pellet, there's no other possibility? No other possibility? Is that your opinion?

14778:15:17

MIKE SUTTON: Well, I'm not saying that there might be some highly lower probability. But if you stand in that room and we have holes, and just like you've shown, they're scattered all over that window, and you look in the direction of the damage to the tree where Paul was injured, that is the only one. And it's, it's just a -- I don't think it really matters one way or the other. All I can say is, is that I think the shot went through Paul in the manner that I presented it today. It really doesn't matter to me all that much which pellet went through which hole.

14788:15:51

MR. FERNANDEZ: And I just want to be clear. You have no formal training in this, no pathological training, correct?

14798:15:56

MIKE SUTTON: I am not a pathologist.

14808:15:57

MR. FERNANDEZ: But you opine that you believe it went through Paul, and then exited the window, and struck that tree, but you have no formal training in any of that, correct? No pathology, no firearms, no shotgun specific training other than anecdotal shooting a shotgun, none of that. No formal training. Is that correct?

14818:16:18

MIKE SUTTON: I would disagree with all of that because, again, you know, it doesn't take a pathologist -- there's a small entry wound into Paul's chest. So, all nine pellets enter. One remains in his body, eight leave his body, right, and so --

14828:16:33

MR. FERNANDEZ: You are sitting here opining about pathology. Is that correct?

14838:16:37

MIKE SUTTON: I don't see how that's pathology. That's simple math.

14848:16:39
14858:16:39

MIKE SUTTON: It's nine minus one is eight.

14868:16:47

MR. FERNANDEZ: Exhibit -- I don't know what page this is, Exhibit 81 or 80?

14878:17:06

MR. FERNANDEZ: All right. Reverse it, we'll start there. Go back, if you wouldn't mind, a couple. Yeah.

14888:17:15

MR. FERNANDEZ: Did you take this picture?

14898:17:17
14908:17:18

MR. FERNANDEZ: How many inches does that look like he is tall?

14918:17:22

MIKE SUTTON: Well, you can't tell how tall he is because the way this picture is taken.

14928:17:25

MR. FERNANDEZ: Well, what does it look like?

14938:17:27

MIKE SUTTON: This shows his shoulder 64 inches.

14948:17:30

MR. FERNANDEZ: What about his head?

14958:17:31

MIKE SUTTON: You can't tell.

14968:17:33

MR. FERNANDEZ: You can't see it at the top of there?

14978:17:36

MIKE SUTTON: No. Because you would have to be a -- above the top of his head, or right in line with the top of his head. The only thing you can glean from this picture is that his shoulder is 64 inches above the floor.

14988:17:54

MR. FERNANDEZ: All right. I'm going to ask you about use of FARO. Are you the one who actually operates the FARO equipment?

14998:18:10

MIKE SUTTON: I do, but in this particular time somebody else did.

15008:18:14

MR. FERNANDEZ: And did your equipment, was it -- has it been calibrated recently?

15018:18:19

MIKE SUTTON: Yes. We calibrate every year.

15028:18:21

MR. FERNANDEZ: Every what? Sorry.

15038:18:23

MIKE SUTTON: Every year.

15048:18:24

MR. FERNANDEZ: Did you actually operate it this night?

15058:18:26

MIKE SUTTON: No. I believe Michael Whitley, who is a biomedical engineer in my office, I believe he was the one that day that was doing the scanning.

15068:18:37

MR. FERNANDEZ: You described FARO as the time -- as sort of the time of flight laser. Is that your testimony?

15078:18:44

MIKE SUTTON: Yes. It uses a laser and it creates points. It creates a point cloud.

15088:18:50

MR. FERNANDEZ: Is it fair to say, though, it's not actually a time of flight laser, it's a phase base laser? Would that be more accurate?

15098:19:00

MIKE SUTTON: I have no idea.

15108:19:03

MR. FERNANDEZ: So, you don't know.

15118:19:06

MIKE SUTTON: I don't know.

15128:19:08

MR. FERNANDEZ: All right. Beginning at just toward - - just the very beginning of the slide. No, the first slide the beginning of the -- yeah, like slide one.

15138:19:22

(Break in proceedings.)

15148:19:24

MR. FERNANDEZ: Did you do the addition -- I know we're going to get to it, but there's some individuals you put in the FARO report. Did you -- were you the one who actually added that 3D render, or was someone else -- did someone else do it?

15158:19:39

MIKE SUTTON: No. I had several engineers help me on this project. So, Aaron Kiefer is an engineer in my office. He did a lot of the work on the point cloud. And Matt Kiefer, actually his brother, did work with taking those scanned people and turning them into shooters. So, I would say five or six engineers in my office have worked on this particular project.

15168:20:09

MR. FERNANDEZ: All right. The -- what we're seeing here is a quail -- what's called the quail pen. Is that your understanding?

15178:20:14
15188:20:15

MR. FERNANDEZ: And, again, this is not your picture. This was the one taken from the night of the incident?

15198:20:20

MIKE SUTTON: This is a crime scene picture the night of the murders.

15208:20:25

MR. FERNANDEZ: And the next exhibit, please, Exhibit 63.

15218:20:29

MR. FERNANDEZ: Would this be a close-up of that?

15228:20:31
15238:20:32

MR. FERNANDEZ: And the handle here, is that -- that's a paper product? I think you already testified to it, but that's a paper type product?

15248:20:38
15258:20:38

MR. FERNANDEZ: You can actually see it's, like, bending, warped because it got wet.

15268:20:44
15278:20:45

MR. FERNANDEZ: So, it's pretty bent.

15288:20:47
15298:20:48

MR. FERNANDEZ: All right, the next slide, please.

15308:20:51

MR. FERNANDEZ: Now, this is what's purported to be a projectile hole. Is that your understanding as well?

15318:20:58

MIKE SUTTON: Yes. That is a projectile hole.

15328:21:00

MR. FERNANDEZ: And you testified -- I think you testified about the what -- well, you tell me. What did you call this indentation on the right side of that hole?

15338:21:13

MIKE SUTTON: I called it a white mark. The bullet is coming in at 41 degrees kind of from the right, so that represents where the tip of the bullet first touched the cardboard, or the fiber board.

15348:21:25

MR. FERNANDEZ: Do you -- and I think you already testified to this, but you have no formal training or experience or certifications in crime scene investigations. Is that correct?

15358:21:32

MIKE SUTTON: I've answered that. It all comes from experience and my education.

15368:21:39

MR. FERNANDEZ: And are you aware that there is a margin of error for the angles that may be measured in a projectile, especially if it's a soft and paper product?

15378:21:49

MIKE SUTTON: Sure, there can be. And it also depends on how you measurement -- measure it. So, I took what Special Agent Worley measured. Like I said before, it looked like her angle varied a little bit based on it didn't match up with the other physical evidence. That's why I picked a range. I picked a range of 1 and a half to 3 degrees.

15388:22:10

MR. FERNANDEZ: The next one, please.

15398:22:12

MR. FERNANDEZ: And right here we're seeing a metal dowel. Is that your understanding what that is?

15408:22:18

MIKE SUTTON: I don't know if it's metal or fiberglass, but it's some type of material like that that's going to be straight.

15418:22:23

MR. FERNANDEZ: And on top of it is an angle measurer --

15428:22:24
15438:22:25

MR. FERNANDEZ: -- is that fair to say? And they're sitting on top of that pole, which is essentially a paper product. Is that right?

15448:22:39
15458:22:40

MR. FERNANDEZ: And no projectile was actually recovered from this project -- from this direction of shot. Is that correct? Is that your understanding?

15468:22:53

MIKE SUTTON: That's right. That is my understanding.

15478:22:57

MR. FERNANDEZ: All right.

15488:22:58

MR. FERNANDEZ: If you wouldn't mind skipping forward to Exhibit 35.

15498:23:04

MR. FERNANDEZ: How tall is that dog house at its highest point?

15508:23:35

(Break in proceedings.)

15518:23:44

MIKE SUTTON: It's probably going to be about 4 feet tall.

15528:23:49

MR. FERNANDEZ: What were you relying on when you say that?

15538:23:52

MIKE SUTTON: This is Special Agent Worley's notes.

15548:23:54

MR. FERNANDEZ: Does your FARO scan make measurements of items? I think you testified to that.

15558:23:59

MIKE SUTTON: It does. You know, if you wanted me to give you my measurement of it I would, you know, have to open it up. It might take awhile if you want to take a break.

15568:24:07

MR. FERNANDEZ: So, you don't know off the top of your head?

15578:24:10

MIKE SUTTON: I do not have the dog house height memorized.

15588:24:12

MR. FERNANDEZ: All right. Moving forward. And I think we saw here this is the project -- this is the entry spot of the projectile into the dog house is that your understanding?

15598:24:26
15608:24:27
15618:24:28

MR. FERNANDEZ: Moving forward. Moving forward.

15628:24:30

MR. FERNANDEZ: And this, again, would be the same thing, a rod, but this time in a more firm -- you would agree the wood in this -- in this case is much more firm than the quail pen paper product, right?

15638:24:42

MIKE SUTTON: Yes, it's thicker.

15648:24:44

MR. FERNANDEZ: And the -- a bullet which appeared to have gone through the dog house and was recovered from inside, is that your understanding having reviewed the crime scene?

15658:24:53
15668:24:53

MR. FERNANDEZ: Or crime scene reports?

15678:24:54
15688:24:55

MR. FERNANDEZ: And do you have any formal study -- study, experience, training, or otherwise on what a bullet might do when it strikes wood or whatever the interior of the dog pen held, including urine?

15698:25:08

MIKE SUTTON: Well, again, it's the same line of questioning. It would be based on my experience. I can't say that I've ever done any specific testing for wood. I've certainly reviewed papers and literature concerning such, but typically I don't go into that area of ballistics. I look more at impact marks than just the flight path of the bullet because that's physics.

15708:25:34

MR. FERNANDEZ: And then I'm going to fast forward to some of your FARO, FARO images.

15718:25:46

MR. FERNANDEZ: If you wouldn't mind skipping forward a little bit more.

15728:25:56

(Break in proceedings.)

15738:25:58

MR. FERNANDEZ: All right. Here in these -- the body that's laying there covered in a sheet, that was added after the fact? That's not part of the FARO scan. Is that right?

15748:26:08

MIKE SUTTON: That is correct. That was added, as well as the evidence markers.

15758:26:15

MR. FERNANDEZ: All right, and I note the markers we see on this picture is just representative, the placards. And is this the one where you tried to merge kind of what the placards were with the FARO scan?

15768:26:29
15778:26:29

MR. FERNANDEZ: And the little circular Xs, is that computer assisted drawing that you made based on the measurements performed by Special Agent Worley?

15788:26:40

MIKE SUTTON: That's correct.

15798:26:42

MR. FERNANDEZ: All right.

15808:26:43

MR. FERNANDEZ: All right. If you wouldn't mind skipping forward with these green lines.

15818:26:51

MR. FERNANDEZ: We're looking at exhibit -- it doesn't even say, but the exhibit with the two lines spread out. Is that the -- representative of the two different angles that were noted on this -- on the quail pen?

15828:27:04
15838:27:04

MR. FERNANDEZ: So, one -- do you know which one is which? Which one is the 1 degree and which one is the 3?

15848:27:09

MIKE SUTTON: Well, the 3 degree is going to slope towards the ground quicker, so that would be the bottom line. And then the 1 and a half slopes less. You know, it's a more gradual slope, so it would be the top line.

15858:27:22

MR. FERNANDEZ: Going forward one.

15868:27:23

MR. FERNANDEZ: And here is where you inserted a 3D person as -- a 5-2 person. Is that who you inserted there?

15878:27:32
15888:27:33

MR. FERNANDEZ: Okay, and you chose to insert a 5-2 individual shooting from the hip in that manner that aligns with that green line. Is that what you did?

15898:27:48
15908:27:48

MR. FERNANDEZ: And nowhere on here is any other individual on that green line. Is that correct? You didn't put any other images here. You only chose to put a 5-2 individual slinging a gun on his hip.

15918:28:00

MIKE SUTTON: Well, that's what matches. If the person was any taller, then they would have to be towards the quail pen. If they were any shorter, then they would be behind the shooter, or the shooter would be in a different posture.

15928:28:12

MR. FERNANDEZ: And do you have any idea if a bullet can ricochet?

15938:28:17

MIKE SUTTON: Of course.

15948:28:18

MR. FERNANDEZ: They can, right?

15958:28:19
15968:28:20

MR. FERNANDEZ: If they hit something.

15978:28:22
15988:28:23

MR. FERNANDEZ: And you don't know because we didn't recover that bullet, but you don't know if that was a ricochet. Is it possible?

15998:28:29

MIKE SUTTON: It could be possible, but I don't see any evidence from the crime scene investigation that it was a ricochet.

16008:28:36

MR. FERNANDEZ: Okay, but it is possible, right?

16018:28:38

MIKE SUTTON: I think it's very unlikely because of the hole in the side of the quail pen. Usually when a bullet ricochets it will get upset, so the hole in the quail pen should have been bigger.

16028:28:49

MR. FERNANDEZ: So the shooter, according to your lines here, the shooter could have been anywhere on that line. Is that correct?

16038:28:55
16048:28:56

MR. FERNANDEZ: Anywhere on that line.

16058:28:57
16068:28:58

MR. FERNANDEZ: Okay. If we keep going, this is just another one showing the same posture just on different points of those lines. Is that accurate?

16078:29:07
16088:29:08

MR. FERNANDEZ: So, as that's done -- and we'll not worry about the 5-2, eleven year old, but if anyone is on that line, it could have been accurate, right? If any -- that gun is anywhere on that line, according to you, it could have been accurate. Is that right? It could have been that shot.

16098:29:26

MIKE SUTTON: Yes. And --

16108:29:27

MR. FERNANDEZ: Anywhere?

16118:29:27

MIKE SUTTON: That's what I explained is, is that the line, by definition, establishes where the weapon is. Then the next step would be to figure out where the person is, or where the shooter is.

16128:29:36

MR. FERNANDEZ: I just want to be clear. Anywhere from this point all the way, I guess, until it hits the -- it will eventually hit the ground, right?

16138:29:44

MIKE SUTTON: Correct.

16148:29:44

MR. FERNANDEZ: Anywhere until it hits the ground, somewhere back behind where the bodies were located, it's your testimony that it is -- that is consistent with what you're seeing.

16158:29:52
16168:29:52

MR. FERNANDEZ: As long as that gun is on that line.

16178:29:54
16188:29:54

MR. FERNANDEZ: So, we can just remove the eleven year olds from the equation. As long as that gun is on that line, it fits with what you're saying, your mathematics is saying, this lines up. Is that correct?

16198:30:12

MIKE SUTTON: That's correct.

16208:30:14

MR. FERNANDEZ: And you didn't do any -- you didn't provide any renders of any other adult sized human beings perhaps kneeling, did you?

16218:30:22

MIKE SUTTON: I'm -- repeat that.

16228:30:23

MR. FERNANDEZ: You didn't do any other renders along these lines of an adult sized human being kneeling on the ground while shooting, did you?

16238:30:29

MIKE SUTTON: No. What I did do is consider that because -- I mean, obviously from your question you kind of can see that in your mind, okay --

16248:30:38

MR. FERNANDEZ: I'm just asking for a yes or no.

16258:30:40

MIKE SUTTON: Well, I did.

16268:30:41

MR. HARPOOTLIAN: Objection, Your Honor.

16278:30:42

MIKE SUTTON: I did. Let me explain.

16288:30:43

MR. HARPOOTLIAN: He attempted to answer the question and he interrupted again.

16298:30:45

MIKE SUTTON: Okay. So, what I did for that question, because I figured that you would ask me it, but what I did was at 1 foot increments from the quail pen all the way out to 60 feet -- and at 60 feet you're getting pretty close to where that line goes under ground. It actually goes under ground about 73 feet. Okay? So, what I did was I looked at the height of the shooter's hand, just like we did this morning in front of the jury. And the other thing I looked at was where the center of the shell casings, the empty casings were. Okay? And I looked in a 12 foot circle around the shell casings, like the center of those shell casings, figuring that everything that I've seen -- typically these rifles are going to be 8, 10, 12 feet, a big variable, and it's just, you know, just a rough number. This is what I did, though. The first thing you look at is that Alex is 76 inches tall. I measured to his knee as 25 inches.

So, that means that if he went down on one knee, his shoulder is still 51 inches above the ground. And if he shouldered the rifle in a kneeling position, he still can't make the quail shot because the muzzle would be above where the hole is. So, that's number one. So, the you more you back them up, then it just gets more and more improbable. So, then what I said was this. So, I looked at this and the height of the shooter's hand, whoever the shooter was in whatever posture they were in, was between -- assuming a 12 feet -- big 12 feet radius circle, so what -- however big that is, 24 feet circle around the shell casings, the shooter's hand is 16.2 to 27.6 inches above the ground. So, that's basically 2 feet above the ground. So, that's why it only fits. You said eleven year old kid, but it only fits with a short person, or with some bizarre shooting posture that doesn't match an aiming position, or a normal shooting position, or just an abnormal shooting position. That's where I'm coming from is -- and invite you, I mean, with the Blackout here, if you want to, try to put this gun 27.6 to 16.2 inches, and tell me that that's not somebody that's very low to the ground.

16308:33:30

MR. FERNANDEZ: All right. Well, I think -- answer me this. How far off the ground is that gun right there in the twelve year old's hand?

16318:33:37

MR. HARPOOTLIAN: Objection, Your Honor. He's never said twelve year old.

16328:33:40

JUDGE NEWMAN: The objection is overruled.

16338:33:42

MIKE SUTTON: Which shooter?

16348:33:43

MR. HARPOOTLIAN: Your Honor.

16358:33:44

MR. FERNANDEZ: It doesn't matter. Doesn't matter.

16368:33:45

MR. HARPOOTLIAN: There's nothing in the record about a twelve year old shooting this gun.

16378:33:48

JUDGE NEWMAN: The objection is overruled.

16388:33:50

MIKE SUTTON: Let's go with -- see the back guy? I'll call him the far shooter.

16398:33:53

MR. FERNANDEZ: All right. The rear twelve year old, how high is that gun?

16408:33:55

MIKE SUTTON: So, he is 33 feet from the quail pen, and if you look at that, which is the 1 and a half at 33. Yep. He's going to -- the bottom of his hand is going to be, like, right there at that 28 inch mark.

16418:34:21

MR. FERNANDEZ: Where is the line located right there, the line to where the barrel towards you is?

16428:34:27

MIKE SUTTON: At 33 feet, the muzzle.

16438:34:29

MR. FERNANDEZ: The muzzle.

16448:34:30

MIKE SUTTON: 33 feet for the rear shooter. 39-6.

16458:34:37

MR. FERNANDEZ: 39 inches?

16468:34:40
16478:34:42

MR. FERNANDEZ: 39 inches.

16488:34:45
16498:34:47

MR. FERNANDEZ: Do you have a tape measures? Oh, here we go.

16508:34:56

(Break in proceedings.)

16518:34:58

MR. FERNANDEZ: 39 inches right there?

16528:35:02
16538:35:04

MR. FERNANDEZ: If we back it up 10 feet, back it up 10 feet, what's the distance -- what's the green line at 10 feet back? So 40 feet.

16548:35:16

(Break in proceedings.)

16558:35:18

MIKE SUTTON: It would be 36.5.

16568:35:21

MR. FERNANDEZ: 36.5. That's 3 feet, 3 and -- 3 feet 5 inches. Is that right?

16578:35:30

MIKE SUTTON: That's correct.

16588:35:31

MR. FERNANDEZ: My finger, does look about right?

16598:35:36
16608:35:37

MR. FERNANDEZ: Right there?

16618:35:38
16628:35:40

MR. FERNANDEZ: Right there.

16638:35:41
16648:35:43

MR. FERNANDEZ: But we've got this. We've got -- your renders that you went with are these two, right?

16658:35:51
16668:35:52

MR. FERNANDEZ: Okay. If you would, fast forward a little bit. Right here. Okay.

16678:35:58

MR. FERNANDEZ: So, now we've have got -- what's the angle of this dog house that you've calculated?

16688:36:05

MIKE SUTTON: It's 14 degrees.

16698:36:07

MR. FERNANDEZ: All right, and the shooter, the little youth there, the youth is how far away from that?

16708:36:24

MIKE SUTTON: 8.4 feet.

16718:36:30

MR. FERNANDEZ: And how high off the ground is that green line where he's standing, the little guy?

16728:36:43

MIKE SUTTON: The muzzle is 29 inches above the ground.

16738:36:49

MR. FERNANDEZ: 29 inches?

16748:36:51

MIKE SUTTON: Maybe 30.

16758:36:53

MR. FERNANDEZ: 30 inches. So, right here? 30?

16768:36:57
16778:36:58

MR. FERNANDEZ: So, 30 inches when you're up close right next to that dog house. So, what happens then when you back -- I see the line, it's going upwards, so what happens when you back up? I mean, soon it's going to be over the little guy's head, right?

16788:37:13
16798:37:13

MR. FERNANDEZ: Okay. Well, what happens if you're not such a little guy? If you back up, I don't know, let's back us up 5, 5 feet. What happens?

16808:37:20

MIKE SUTTON: Let's see, so that would be about 47.4.

16818:37:25

MR. FERNANDEZ: 47.4. Let's see, is that about right?

16828:37:30
16838:37:31

MR. FERNANDEZ: Let me bring it little closer.

16848:37:35
16858:37:36

MR. FERNANDEZ: Do you see it better?

16868:37:39
16878:37:40

MR. FERNANDEZ: Okay. 47.4. It's right there.

16888:37:50
16898:37:53

MR. FERNANDEZ: I'm glad we could demonstrate those heights to the jury. Thank you.

16908:38:00

MR. FERNANDEZ: If you would fast forward a little bit more about -- it doesn't have an exhibit number but, like, five slides. Yeah, about right --

16918:38:15

UNIDENTIFIED SPEAKER: This one, Counsel?

16928:38:17

MR. FERNANDEZ: That's good.

16938:38:19

MR. FERNANDEZ: Now, and I just want to be clear. You're talking about casings, it's cartridge casings. And you're aware that shotguns have shells and rifles have cartridges. Is that correct? Is that correct? Is that your understanding?

16948:38:33

MIKE SUTTON: I just -- I call it a rifle cartridge, but a rifle cartridge would be the bullet, and the casing, and the charge, the charge is the gun powder inside the casings. But I call them rifle casings.

16958:38:47

MR. FERNANDEZ: Well, I mean, before you just called it a shell casing. Just wanted to be real clear. All right. So, the -- and you talked about -- I know you spent some time talking about the ejection of cartridge casings from a rifle, or an AR style rifle. But you have no training or experience in that other than the studies you've personally conducted. Is that right?

16968:39:10

MIKE SUTTON: That's correct, and the literature, which, again, for this rifle it's supposed to be 3:00 to 4:30, which is 45 degrees behind, but it can be forward, it can be -- and it can be straight out to the side.

16978:39:22

MR. FERNANDEZ: And I'm just tapping into common sense here, but you weren't at the scene the night of the murders. Is that right?

16988:39:28

MIKE SUTTON: I was not there.

16998:39:29

MR. FERNANDEZ: And so is it possible that cartridge casings were moved?

17008:39:34
17018:39:35

MR. FERNANDEZ: Is it possible that cartridge casings were ejected in an unorthodox manner?

17028:39:40
17038:39:41

MR. FERNANDEZ: Is it possible that cartridge casings were -- ricochet off of something, hit something and ricochet?

17048:39:47
17058:39:48

MR. FERNANDEZ: Okay. So, where they lay -- and this is just, again, tapping into common sense, not your engineering background, but where they lay may not necessarily be where they fell that night. Is that fair to say?

17068:40:02

MIKE SUTTON: Yes. You're looking for just the area. For instance, if you're thinking about a shooting position 60 feet away, it makes no sense. But anywhere in that 24 feet that I'm talking about, yes, because there's casings there.

17078:40:17

MR. FERNANDEZ: And here, what are we -- what are we showing here? Tell -- remind me again what this, and I think there's one -- there's one before it, too, an exhibit before. What are we seeing here with the intersection of the three lines? What are you saying?

17088:40:34

MIKE SUTTON: I'm saying that the two shots made in two different directions can be made from approximately the same spot.

17098:40:40

MR. FERNANDEZ: Okay. Does that assume, though, that someone is shooting from approximately the same spot? Does that assume that right there? This is assuming someone is in the general same area when they shoot.

17108:40:51

MIKE SUTTON: Well, I used a constant height shooter, put them on the trajectories, and they end up in the same spot.

17118:40:57

MR. FERNANDEZ: Is it possible that someone shoots from one position, and then moves to another position before they shoot again? Is that possible?

17128:41:04
17138:41:05

MR. FERNANDEZ: Okay, and along your lines, it's still -- it's very possible that someone could have shot over here, and again they were maybe a bigger person than the twelve year old, and someone could have then moved before they shot again. Is that a possibility? Is that possible?

17148:41:17

MIKE SUTTON: Of course. Well, I mean, that's what this slide depicts is the shooter moving.

17158:41:25

MR. FERNANDEZ: But is it possible that they were back here, and back here, and moved maybe just a little bit more than the 2 feet you put on your drawing?

17168:41:35

MIKE SUTTON: No. They -- well, they would have to change their shooting posture. That's kind of the whole point is. It's like, for instance, you know, if you want to -- like with your line of questioning, let's say the shooter is laying down or on one knee and then stands up and shoots from the hip. I don't know if that's really consistent with a moving shooter. But it's my understanding from what people have determined and what I've heard in expert reports from the State is, is that they think the shooter was moving. So, I was thinking that -- it doesn't have to be, but what's most likely is, is somebody is walking around shooting a gun.

17178:42:07

MR. FERNANDEZ: Okay. Again, you weren't there. You have no firearms training, is that right, or certifications, or crime scene training or certifications. Is that right?

17188:42:19

MIKE SUTTON: I was not there.

17198:42:20

MR. FERNANDEZ: So, this is your best guess. Is that just -- is that what it is?

17208:42:24

MIKE SUTTON: No, that is not a guess. That is based --

17218:42:26

MR. FERNANDEZ: So, it could be --

17228:42:27

MIKE SUTTON: Let me finish.

17238:42:27

MR. FERNANDEZ: Go ahead.

17248:42:28

MIKE SUTTON: That is based on all of the engineering principles, the physical evidence that was collected by both myself and Special Agent Worley. That is the physical evidence. Now, as you've done today, you can think about alternatives, and there very well can be alternatives, but you have to look at how likely the alternatives are, and that's what I'm doing here. There's always going to be variables. You can move things around. But I think, as I've tried to get across today, is that you draw a conclusion when you look at the evidence.

17258:43:12

MR. FERNANDEZ: And you're here to say -- to testify to these jurors that your mostly likely answer is that it was a twelve year old -- two twelve year olds at 5-2 --

17268:43:21

MR. HARPOOTLIAN: Objection, Your Honor.

17278:43:22

MR. FERNANDEZ: -- standing right here --

17288:43:23

MR. HARPOOTLIAN: There's been no testimony that two twelve year olds are involved in this in any way. Misstating the facts.

17298:43:28

JUDGE NEWMAN: I sustain the objection.

17308:43:30

MR. HARPOOTLIAN: Thank you.

17318:43:32

MR. FERNANDEZ: You're saying, though, that two 5-2, which we can all guess approximates what size individual, age of individuals, that's your best -- that's your best guess of what went on that night?

17328:43:45

MIKE SUTTON: It's not a guess. And, again, it's not two individuals. It could be one person moving slightly there.

17338:43:56
17348:43:56

MIKE SUTTON: But that is not a guess. That is my opinion, and I've tried to explain it to the Court as best as I possibly can.

17358:44:15

MR. FERNANDEZ: Beg the Court's indulgence.

17368:44:25

(Break in proceedings.)

17378:44:30

MR. FERNANDEZ: And just to be clear, and I'm going to move to Exhibit -- I believe it's 53, right there. Did this line account for the trajectory of the bullet either going through glass, other objects, or a human being?

17388:45:04

MIKE SUTTON: Well, the -- as we've discussed before, I would not anticipate any deflection through the glass, but there could have been some deflection through the body. So, what that would account for is, is that where I'm standing, or where that string is could have moved a little bit going through the body. But I think everybody has agreed that the shotgun is inside the door, so that would limit how far you could move the shotgun side to side based on deflection, due to contacting something solid inside the body.

17398:45:33

MR. FERNANDEZ: All right. So, I didn't hear a yes or no. Did it account for any -- the projectile traveling through a human body, glass, or any other objects that were then located in that room that night? Does it account for that? Yes or no.

17408:45:48

MIKE SUTTON: No, it doesn't account for it. But you could see, you know, how that has to change, or could change, because the amount that you could move the shotgun around from that position is limited by the opening in the doorway.

17418:46:00

MR. FERNANDEZ: And the same thing for the laser, the green laser lines we saw earlier. Does that account for the projectile passing through human body, wood, any other object that it passed through? Does your calculations account for that, that trajectory?

17428:46:15

MIKE SUTTON: Well, that path is a straight line path. It could have passed through a human body. You know, it passed through the layers of the quail pen, but it's traveling straight at that point.

17438:46:29

MR. FERNANDEZ: Did your calculations -- and I'm going to ask it again because I need a yes or no answer. Did your calculations account for the projectiles in the other examinations, the green line ones, did it account for the projectiles passing through an item such as wood or human body? Did it account for that?

17448:46:48

MIKE SUTTON: No. I did not put there that the projectile somehow interacted with anything else and was deflected.

17458:46:53

MR. FERNANDEZ: All right. Let me go over a few variables, if you wouldn't mind. So, variables in doing all of these calculations are, would you agree it's where the gun was held? That's a variable.

17468:47:06

MIKE SUTTON: Not for the trajectories.

17478:47:07

MR. FERNANDEZ: So, you won't admit -- you won't concede that where the gun was held is a variable in a calculation such as yours?

17488:47:17

MIKE SUTTON: Which calculation?

17498:47:18

MR. FERNANDEZ: Doesn't matter. Either your -- we're talking about either your shotgun calculation or your rifle one, was where the gun was held a variable that you have to account for in making this determination, where the gun was held physically?

17508:47:29

MIKE SUTTON: Not for the shot trajectories.

17518:47:31

MR. FERNANDEZ: All right. Will you concede, then, that it was a variable in the AR 300 Blackout scenario?

17528:47:37

MIKE SUTTON: No. The shot trajectories, it doesn't matter where the gun is being held.

17538:47:41

MR. FERNANDEZ: So, where the gun is, held in your mind, makes no difference.

17548:47:45

MIKE SUTTON: No. The gun is on the shot trajectory. I think I've explained that.

17558:47:49

MR. FERNANDEZ: All right. Is it a variable in how the gun was held?

17568:47:52
17578:47:53

MR. FERNANDEZ: Not a variable. Is it a variable if the moving -- if the party shooting was moving?

17588:47:59

MIKE SUTTON: Again, no. The barrel of the gun was on that shot line, in my opinion.

17598:48:03

MR. FERNANDEZ: Is it a variable if the party that the bullet would have potentially passed through was moving? Is that a variable?

17608:48:09
17618:48:10

MR. FERNANDEZ: Is it a variable to you if the party was jumping or ducking? Is that a variable to you?

17628:48:15
17638:48:16

MR. FERNANDEZ: Is it a variable if the party was maybe turning side to side? Is that even a variable?

17648:48:21

MIKE SUTTON: Not for what I've done.

17658:48:23

MR. FERNANDEZ: Okay. So, you're saying no to everything that I just asked, and all of those -- you would agree, all of those variables that I listed include motion. Is that right?

17668:48:32

MIKE SUTTON: Yes. Those would all be if you were trying to figure out the orientation of the person that was shot, which is something that I did not do, and that's something I don't do. It's not my field of expertise.

17678:48:53

MR. FERNANDEZ: Beg the Court's indulgence.

17688:49:00

(Break in proceedings.)

17698:49:04

JUDGE NEWMAN: Anything further?

17708:49:10

MR. FERNANDEZ: I'm sorry. Beg the Court's indulgence.

17718:49:20

JUDGE NEWMAN: All right. Well, let's stand while we're indulging.

17728:49:33

(Break in proceedings.)

17738:49:37
17748:49:41

MR. FERNANDEZ: All right, and you further have said the variables that you just said is not -- is it a -- is it not a variable to use -- I'm trying to ask this as slow as possible, sorry. Strike that. Is it a variable if the person that is being shot is moving? Is that a variable to you?

17758:50:17

MIKE SUTTON: That is not a variable to me.

17768:50:18

MR. FERNANDEZ: And is it a variable to you if the person who's doing the shooting is moving?

17778:50:22

MIKE SUTTON: That is not a variable to me.

17788:50:23

MR. FERNANDEZ: Would you agree, though, in general people do move?

17798:50:31

MIKE SUTTON: Yes. In my experience people do move.

17808:50:36

MR. FERNANDEZ: That's it. No further questions.

17818:50:41

JUDGE NEWMAN: Redirect?

17828:50:43

MR. HARPOOTLIAN: Please the Court, Your Honor?

17838:50:48

REDIRECT EXAMINATION

17848:50:49

BY MR. HARPOOTLIAN:

17858:50:51
17868:50:52

MR. FERNANDEZ: This is a defense exhibit. I'll put it here.

17878:51:00

MR. HARPOOTLIAN: So much to straighten out. Let's deal with his last questions about these variables. You're an expert. I'm going to give you a hypothetical real quick. Bullet hole 10 feet up, bullet hole 5 feet up. What does that tell you?

17888:51:27

MIKE SUTTON: That the bullet is descending.

17898:51:30

MR. HARPOOTLIAN: Right, and if you put a dial through that, will you see where it possibly came from and where it possible went?

17908:51:35
17918:51:35

MR. HARPOOTLIAN: Okay. Basically it's a line, correct?

17928:51:40
17938:51:41

MR. HARPOOTLIAN: So, what does knowing where the gun was being held have to do with any of that?

17948:51:50

MIKE SUTTON: It has no bearing on the physics of the flight of the bullet, bullet. It may have something to do with maybe where the shooter was positioned relative to the weapon, right? Or, you know, if -- you know, some other variable. But I'm not testifying about those subject matters.

17958:52:11

MR. HARPOOTLIAN: Right. So, all -- you know, where -- well, let me ask you this. The data you relied on for this trajectory, that trajectory, was that generated by SLED?

17968:52:22
17978:52:22

MR. HARPOOTLIAN: And so did they indicate any evidence of ricochet?

17988:52:26
17998:52:27

MR. HARPOOTLIAN: Did they indicate any evidence of a bullet passing through a person?

18008:52:33
18018:52:34

MR. HARPOOTLIAN: Did they -- didn't they test the one bullet they found in the dog shed for DNA and tissue or some sort of organic matter?

18028:52:46
18038:52:47

MR. HARPOOTLIAN: Didn't find anything.

18048:52:49
18058:52:50

MR. HARPOOTLIAN: So, you're basically just saying this is the line based on the SLED -- the -- Agent Worley putting a dial through and then figuring out the angles, correct?

18068:53:11
18078:53:12

MR. HARPOOTLIAN: The two people you put here are based on the angle from the dog -- from the quail pen going down -- it was upward shot, correct?

18088:53:24

JUDGE NEWMAN: All right, this is redirect, Mr. Harpootlian. You cannot lead the witness, though there -- I've heard no objections to it.

18098:53:33

MR. HARPOOTLIAN: I haven't heard any objections either, Your Honor.

18108:53:36

JUDGE NEWMAN: Well, the Court is objecting. You cannot lead the witness.

18118:53:40

MR. HARPOOTLIAN: I'm trying to cut to the chase, I apologize.

18128:53:44

JUDGE NEWMAN: Yes, sir.

18138:53:45

MR. HARPOOTLIAN: You were asked a question about the number of pellets. Did you review Agent Worley's report of her notes based on her visit to the location on July 16, 2021?

18148:54:01
18158:54:02

MR. HARPOOTLIAN: Let me hand you these to see if it refreshes your memory. Would you look through those for just a moment, please?

18168:54:30

(Break in proceedings.)

18178:54:34
18188:54:36

MR. HARPOOTLIAN: Okay. Let me see it, please. All right.

18198:54:47

MR. HARPOOTLIAN: Any objection to putting this into evidence?

18208:54:59

(Break in proceedings.)

18218:55:02

MR. FERNANDEZ: No objection.

18228:55:07

MR. HARPOOTLIAN: Can I have the ELMO? Offer this into evidence, Your Honor.

18238:55:24

JUDGE NEWMAN: It's admitted without objection.

18248:55:31

(SLED CRIME SCENE NOTES MARKED AS DEFENDANT'S EXHIBIT NUMBER 144 WAS RECEIVED INTO EVIDENCE.)

18258:55:49

MR. HARPOOTLIAN: All right, how about take it down a little bit. No, no, that's fine.

18268:55:57

MR. HARPOOTLIAN: Okay. So, what is being recorded in this document and by who? It's a SLED report, right?

18278:56:07

MIKE SUTTON: Yes. It's just the listing of the observations that Special Agent Worley was observing at the crime scene.

18288:56:18

MR. HARPOOTLIAN: Okay. So, let's go down at the bottom of this page. Okay? Okay. So, tell me what that says. What does that mean?

18298:56:30

MIKE SUTTON: Those are the following bullet defects in feed room, the dog house, the small animal cage, and the workshop were scaled, labeled, and photographed.

18308:56:38

MR. HARPOOTLIAN: Okay. So, what is defect A, B, C, D, and E?

18318:56:44

MIKE SUTTON: Those are five projectiles from the -- in the feed room window.

18328:56:48

MR. HARPOOTLIAN: And I think we've previously heard those are buckshot pellets?

18338:56:51

MR. FERNANDEZ: Objection to leading.

18348:56:54

JUDGE NEWMAN: You can't lead the witness.

18358:56:56

MR. HARPOOTLIAN: Go to the next page, please.

18368:56:59

MR. HARPOOTLIAN: So, how many is that?

18378:57:02
18388:57:03
18398:57:03

MR. HARPOOTLIAN: Keep going. Top of the page, please. Okay.

18408:57:07

MR. HARPOOTLIAN: And so what happens here in defect F, G, and M?

18418:57:13

MIKE SUTTON: F and G are projectile entered the interior side of the window. Defect K is a possible defect in the exterior side of window screen.

18428:57:22

MR. HARPOOTLIAN: And that accounts for how many pellets?

18438:57:25

MIKE SUTTON: You've got seven.

18448:57:27

MR. HARPOOTLIAN: Okay. How many pellets were there?

18458:57:32
18468:57:33

MR. HARPOOTLIAN: Okay. Is this where you got your information you were asked about by the State?

18478:57:37

MIKE SUTTON: Yes. And, I mean, there was a report by Tom Bevel. He talked about the evidence -- the evidence been listed. So, there were several documents that you could go to to find the stuff that was collected at the site.

18488:57:52

MR. HARPOOTLIAN: Okay, and then going down the dog house, this would be -- what does that -- what does that cover?

18498:57:58

MIKE SUTTON: Maybe push it down --

18508:58:00

MR. HARPOOTLIAN: Push it down just a little bit.

18518:58:03

MIKE SUTTON: -- just a little bit. Yeah. The dog house was -- there was the entrance defect, and then there was a possible entrance defect. It was, like, a really small hole. No projectile recovered. And then there was -- a projectile entered the lower middle area of the southeast exterior side, exited the interior side, and entered the bedding. And the projectile was previously collected from the bedding.

18528:58:30

MR. HARPOOTLIAN: Okay. So, it says: Flight path rod was placed through defects one and --

18538:58:36

MIKE SUTTON: I think that's I and I-1.

18548:58:39

MR. HARPOOTLIAN: I and I-1.

18558:58:41
18568:58:42

MR. HARPOOTLIAN: Okay: And was documented with photographs. Have you seen those photographs?

18578:58:47

MIKE SUTTON: I have.

18588:58:48

MR. HARPOOTLIAN: And angle finder determined the vertical angle --

18598:58:51

MR. FERNANDEZ: Objection to the leading.

18608:58:53

MR. HARPOOTLIAN: Your Honor, I'm just reading -- I'm not leading him. I'm reading the documents in evidence. I'm publishing them.

18618:59:00

JUDGE NEWMAN: All right.

18628:59:01

MR. HARPOOTLIAN: Thank you.

18638:59:03

MR. HARPOOTLIAN: And angle finder determined the vertical angle of the flight path to be approximately 76 degrees, and a protractor -- I'm sorry, protractor. -- protractor, and a thumba determine the horizontal angle to be approximately 84 degrees. Is that right?

18648:59:20
18658:59:21

MR. HARPOOTLIAN: Is that -- was that, or was that inconsistent with the photographs you look -- you saw taken by Agent Worley of her performing those tests?

18668:59:30

MIKE SUTTON: I think it's off. The horizontal angle, I think, was off a degree.

18678:59:35
18688:59:36
18698:59:36

MR. HARPOOTLIAN: Based on the photograph.

18708:59:37
18718:59:38

MR. HARPOOTLIAN: But you weren't there.

18728:59:39
18738:59:40

MR. HARPOOTLIAN: So, you're look at a photograph and saying it's off a degree, but maybe she had a better --

18748:59:45

MR. HARPOOTLIAN: Objection to the commentary.

18758:59:46

MR. HARPOOTLIAN: Could she have had a better perspective than you did than what you saw in the photograph?

18768:59:53
18778:59:53

MR. HARPOOTLIAN: Okay. Small animal cage, it says: Defect J for the projectiles entered the exterior side of cardboard on the southwest end of the cage, exited the interior sides of the cardboard and the chicken wire. Defect J-1 traveled through chicken wire on the back wall of the cage and entered the southeast wall of the workshop. Defect J-2 exited the interior side of the workshop wall defect J and struck a vertical shelf being -- that was perpendicular to the wall. The flight path rod was placed through defects J to J-2 was documented in the photographs. The angle finder determined the vertical angle of the flight path to be approximately 7 degrees, and the horizontal approximately 41 degrees. And is that consistent with the photographs you saw?

18789:00:41

MIKE SUTTON: Yes. Except for the one -- that's 3 degrees, and then --

18799:00:43

MR. HARPOOTLIAN: Right. That's 3 degrees in itself.

18809:00:44

MIKE SUTTON: And then there was one with 1 and a half, and again, for the reasons I've stated.

18819:00:48

MR. HARPOOTLIAN: And that's why we see the two paths, you do at 1 and a half, and 3. Now, in any of this did you read anything about a --

18829:00:55

MR. HARPOOTLIAN: I'm not quite done yet. I'm done with that one.

18839:00:58

MR. HARPOOTLIAN: But about the ricochet, or any biologic material on anything, or anything that would indicate it passed through a person or a wall or anything? Was there anything recorded by their agent that would indicate any of that? That was collected by their agents that would indicate any of that?

18849:01:17
18859:01:18

MR. HARPOOTLIAN: Okay. Now, what -- do you know what this is?

18869:01:21

MIKE SUTTON: This is Agent Worley's drawing of the window.

18879:01:23

MR. HARPOOTLIAN: Okay, and what does this indicate?

18889:01:25

MIKE SUTTON: It indicates the seven buckshot pellets that passed through the window.

18899:01:30
18909:01:30

MR. HARPOOTLIAN: How about let's see the other one.

18919:01:37

MR. HARPOOTLIAN: What is this?

18929:01:40

MIKE SUTTON: It's another drawing showing where the seven buckshot pellets went through the window.

18939:01:45

MR. HARPOOTLIAN: And one is from inside and one is from the outside?

18949:01:48

MIKE SUTTON: Yes. Yes.

18959:01:48

MR. HARPOOTLIAN: Okay. So, there are seven buckshot -- and which one of these is the one you measured first?

18969:01:57

MIKE SUTTON: If that's the outside?

18979:02:00

MR. HARPOOTLIAN: I think it is.

18989:02:03

MIKE SUTTON: I measured through a defect B-1, which would be the upper left -- upper left most --

18999:02:12

MR. HARPOOTLIAN: Exterior side, yeah.

19009:02:13

MIKE SUTTON: Yes. So, I went through B-1.

19019:02:17

MR. HARPOOTLIAN: Okay, and is this consistent with what you saw?

19029:02:22
19039:02:23

MR. HARPOOTLIAN: Okay. So, you didn't get to look at this until October, correct?

19049:02:28

MIKE SUTTON: Of twenty --

19069:02:30
19079:02:31

MR. HARPOOTLIAN: Right. Now these drawings, their examination was done in June and July of '21, within a month of the murders, correct?

19089:02:41
19099:02:42

MR. HARPOOTLIAN: And what you had to go on basically was photographs, right?

19109:02:45

MR. FERNANDEZ: Objection to the leading, Your Honor.

19119:02:47

MR. HARPOOTLIAN: What, if anything, did you have to rely on to do the analysis?

19129:02:51

MIKE SUTTON: Well, the information and data that SLED collected because --

19139:02:54

MR. HARPOOTLIAN: I'm sorry, who collected it?

19149:02:56
19159:02:57

MR. HARPOOTLIAN: Okay, and --

19169:02:58

MIKE SUTTON: Right, because they were there very early on and I was not. And then also went and took a look at the physical evidence, and I found some stuff there that was helpful to my investigation itself. So, it wasn't 100 percent based on SLED, but a lot of this information came directly from SLED.

19179:03:17

MR. HARPOOTLIAN: Okay. Do you know when Alex Murdaugh was charged with murder? Was it July of '22?

19189:03:22

MIKE SUTTON: I don't remember.

19199:03:23

MR. HARPOOTLIAN: But at some point over a year after the murders.

19209:03:28
19219:03:29

MR. HARPOOTLIAN: Okay, and you were retained and got out there within ninety days of his arrest, correct?

19229:03:35
19239:03:36

MR. HARPOOTLIAN: But they waited over a year to arrest him, correct?

19249:03:41
19259:03:42

MR. HARPOOTLIAN: So, my question is -- I mean, the issue was raised. Would the ammo that you used for your sound testing, whether you were using the same brand or some different brand, did it make any difference?

19269:03:58
19279:03:59

MR. FERNANDEZ: Objection. No basis in his expertise.

19289:04:02

MR. HARPOOTLIAN: What, if any, difference would it have made in the acoustical issues you were testing? Different ammo?

19299:04:06

MR. FERNANDEZ: Same objection.

19309:04:07
19319:04:08

MIKE SUTTON: I'm sorry.

19329:04:09

MR. HARPOOTLIAN: I'm sorry, Your Honor. Was he able to -- I'm sorry, was he able to answer that?

19339:04:13

JUDGE NEWMAN: Yes. The objection is overruled. You can answer.

19349:04:16

MR. HARPOOTLIAN: Thank you, sir.

19359:04:17

MIKE SUTTON: It makes no difference. All of the shotguns are right in the same range. It doesn't matter. The rifles are in the same range. Weapons of this type are not loud enough to be heard inside the house from that distance with all of the variables.

19369:04:32

MR. HARPOOTLIAN: Okay. You were also asked a question about the -- about how loud the sound was if you went in a laboratory. The length of the distance you said was between the kennels and the house, outside the house, and I think you said -- was it 100 decibels?

19379:04:51

MIKE SUTTON: Yes. It's about like 103, 104.

19389:04:53

MR. HARPOOTLIAN: Okay, and he went to a chart saying that would be like an airplane at 300 meters?

19399:05:01
19409:05:01

MR. HARPOOTLIAN: Would you be able to hear that inside the house?

19419:05:05

MIKE SUTTON: Depends on what's going on inside the house. But, you know, at that level you would just -- I don't want to -- it's been a long day, but it depends on where the energy of the sound is and what's called octave bands and one-third octave bands. In other words, the sound of a gunshot is different than the sound of a jet airplane because it's not the same noise. So, it's -- there's more to the question. But even if you -- basically if you -- it's apples to apples if you had that level of noise outside, which it wasn't because it wasn't a laboratory setting. It was only about 85 decibels outside the house, which would have been audible if you're outside. You could be a couple of miles away and hear these gunshots if you were outside.

19429:05:54

MR. HARPOOTLIAN: So, if you were a couple of miles away and you were outside, not inside a house, you could hear those shots?

19439:06:00

MIKE SUTTON: You could, yes. You know, as long as there's not a lot of traffic or you're not cutting the grass. If it was quiet and you're outside you can hear those gunshots. You just can't hear them in the house.

19449:06:10

MR. HARPOOTLIAN: You can't hear them in the house. Now, did you find any data, any reports, anything you looked at from SLED that they did any of the trajectory calculations that you did?

19459:06:34
19469:06:35

MR. HARPOOTLIAN: They did a computer simulation, right?

19479:06:38

MIKE SUTTON: Or a scan. They scanned the same way I did.

19489:06:42

MR. HARPOOTLIAN: And then when you look at it -- we saw it four weeks ago -- there's sort of a --

19499:06:48

MR. FERNANDEZ: Objection to the leading.

19509:06:49

JUDGE NEWMAN: The objection is sustained.

19519:06:51

MR. HARPOOTLIAN: Did they do -- what, if any, FARO did they do, FARO computer generated? Did they do one?

19529:06:58

MIKE SUTTON: All I know is that they did scan the scene in July just like I did, but I have not yet seen anything from them using their scan.

19539:07:08

MR. HARPOOTLIAN: And did they again -- not again, but I want to make sure I understand this. They got the, the information -- strike that. What, if any, information -- what, if any, trajectory computations did they do, SLED, the State, any -- FBI, anybody hired by these guys over here do on trajectory? Did you see anything?

19549:07:33
19559:07:34

MR. HARPOOTLIAN: So, the first time anybody has done any trajectory calculations is you, and as you indicated, we were going through that PowerPoint last night trying to make sure it was understand --

19569:07:51

MR. FERNANDEZ: Objection to the leading, Your Honor.

19579:07:57

JUDGE NEWMAN: Sustained.

19589:07:59

MR. HARPOOTLIAN: Sort of one last question. Was there anything to prevent SLED, FBI, anybody from doing the same calculations you did -- well, two last questions -- that you did? Anything preventing them? Did they have any -- what, if any, obstacles were there to SLED or FBI or one of these private people they hired doing the same thing you did?

19599:08:29
19609:08:30

MR. HARPOOTLIAN: And let me get this straight. He kept talking about children, 5-foot-2.

19619:08:35

MR. HARPOOTLIAN: Young lady, stand up.

19629:08:36

MR. HARPOOTLIAN: That's a clerk in my office. She's 5-foot-3.

19639:08:40

MR. FERNANDEZ: Objection to the leading.

19649:08:42

JUDGE NEWMAN: Objection is sustained.

19659:08:44

MR. FERNANDEZ: And it's outside the record.

19669:08:46

MR. HARPOOTLIAN: She's not a child. That's all I'm trying to point out. She's twenty-two.

19679:08:52

MR. FERNANDEZ: Objection to the commentary.

19689:08:55

JUDGE NEWMAN: Objection is sustained.

19699:08:57

MR. HARPOOTLIAN: Apologize to the Court, Your Honor.

19709:09:00

MR. HARPOOTLIAN: Based on your calculations, and based on the assumption that somebody would be holding rifle either at their hip or at their shoulder in a way in which you could operate that weapon, what, if any, opinion do you have as to whether that person could be Alex Murdaugh shooting into that quail pen?

19719:09:41

MIKE SUTTON: It can't be.

19729:09:45

MR. HARPOOTLIAN: Thank you.

19739:09:49

(Break in proceedings.)

19749:09:52

RECROSS-EXAMINATION

19759:09:54

BY MR. FERNANDEZ:

19769:09:57

MR. FERNANDEZ: I know you just answered that question, but it can be anyone on those green lines. Is that right? Your green lines that you drew could be anyone along that green line?

19779:10:08

MIKE SUTTON: That is correct.

19789:10:09

MR. FERNANDEZ: It could be anyone that would fit along that green line. Is that true?

19799:10:15

MIKE SUTTON: The weapon is on the green line. And then so, as I've tried to explain before, the next thought process is, is that, okay, for people with different sizes, what did they have to do to put their hands on the weapon to fire it while it's sitting on that green line?

19809:10:29

MR. FERNANDEZ: So to be clear, is that a yes, anyone on that green line, as long as the gun travels on that green line, it would fit anyone on that green line?

19819:10:36

MIKE SUTTON: That is correct.

19829:10:37

MR. FERNANDEZ: Thank you. And if you were down at the kennels when a shotgun was shot and a 300 Blackout was shot, if you were down at the kennels, would you have heard them?

19839:10:47
19849:10:47

MR. FERNANDEZ: No further questions.

19859:10:49

JUDGE NEWMAN: You may step down.

19869:10:50

MIKE SUTTON: Thank you.

19879:10:52

JUDGE NEWMAN: Ladies and gentlemen, that will be it for this day. We'll resume at 5:30 -- 9:30 tomorrow morning. Looking at -- it's almost 5:30 now. We'll resume at 9:30 tomorrow morning. Please do not discuss the case. Have a good evening. If you'll just hold still while the jurors leave. It takes them a while to get out.

(The jury left the courtroom.)

(The witness exited the stand.)

JUDGE NEWMAN: We'll be in recess until 9:30.

(Whereupon, the case was at ease.)