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2023 Murder Trialtrial-daytrial-dayJohn B. ConradJohn MeadorsCreighton WatersPhillip D. BarberMargaret N. FoxJim GriffinDick HarpootlianMicah SturgisKenneth ZercieMark BallDawes Cooke Jr.Barbara Mixsondirectcrossredirectrecrossvoir_direDay 20 - February 22, 2023The court declined to limit financial cross-examination in advance. Mark Ball addressed the kennel video, scene conditions, and financial thefts, while defense experts examined crime-scene processing and phone activity subject to significant limits.
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Day 20 - February 22, 2023

Ball Addresses Kennel Account; Experts Review Scene and Phone Evidence

Judge Clifton B. Newman
20Proceedings
5Pages
5Witnesses
3,118Lines
Day 20 of 27
Appearing:

The court declined to limit financial cross-examination in advance. Mark Ball addressed the kennel video, scene conditions, and financial thefts, while defense experts examined crime-scene processing and phone activity subject to significant limits.

Full day summary

Before testimony, the court declined the defense request for a blanket advance limit on cross-examination about financial misconduct if Alex Murdaugh testified, directing that specific objections be addressed as the evidence was presented. Longtime law partner Mark Ball described unsecured and wet conditions at Moselle, remains and other biological material left after the scene was released, and firearms moved within the house before the June 8 search. He identified Alex, Maggie, and Paul on the kennel video and said Alex later gave him the same account at least three times without mentioning a kennel visit. Ball also described the firm's discovery of stolen client funds and repayment efforts, while emphasizing that his resulting doubts did not provide evidence that Alex committed the charged killings. Civil lawyer Dawes Cooke Jr. characterized the boat-accident claim as defensible and financial-discovery objections as ordinary, but acknowledged that discovery could eventually require production and that he did not then know Murdaugh's true financial condition. Crime-scene expert Kenneth Zercie criticized the lack of protective footwear, preservation of sheets and clothing, fingerprint processing, blood sampling, and analytical footwear photography reflected in the materials he reviewed. On cross-examination, he stressed that he had not received the complete case file, corrected a misreading of a footwear worksheet, agreed with the State examiner's conclusions within their limits, and could not determine whether omitted work had been performed correctly. Barbara Mixson testified about calling Alex to check on his agitated mother and denied seeing a blue tarp at his parents' home, though she could not recall when she first disclosed the June 7 conversation. Digital-forensics expert Micah Sturgis traced activity on Maggie Murdaugh's phone, including steps, orientation, backlight, camera, and call events. He said some events indicated human interaction without identifying the person, confirmed that Maggie's phone remained locked after 8:49:31 p.m. and that Paul's showed no user interaction after about 8:49 p.m., and testified that Maggie's screen stayed off as Alex's vehicle passed the recovery location. Cross-examination established limits in his GPS-cache research and device testing; he also said he had no information contradicting the kennel video's time or location.

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2. Mark Ball — Direct/Cross/Redirect/Recross

The court declined to set a blanket advance limit on financial-misconduct questions if Alex Murdaugh testified, then heard Mark Ball’s direct, cross, redirect, and recross testimony about Moselle, the kennel video, Alex’s statements, and the law firm’s discovery of stolen funds.

Procedural
Scope of Cross-Examination if Defendant Testifies

The defense sought advance limits on financial-misconduct questioning if Alex Murdaugh testified; the court declined a blanket ruling and reserved specific objections for the testimony.

Direct
Mark BallJim Griffin
327 lines

Mark Ball described weak access control and disturbing conditions at the released Moselle scene, identified the family voices on the kennel video, disputed an audio interpretation, and balanced favorable family observations with his sense of betrayal over Alex's thefts.

Cross
Mark BallCreighton Waters
556 lines

Mark Ball said Alex Murdaugh repeatedly gave him an account contradicted by the kennel video, described the firm's discovery of extensive client thefts and Alex's removal, and explained why he immediately doubted the later roadside shooting story.

Redirect
Mark BallJim Griffin
94 lines

Mark Ball described client-repayment efforts, firm losses, Alex Murdaugh's grief and apparent cooperation, and family phone and firearm habits, while stressing that his anger over the financial misconduct did not establish the murder accusations.

Recross
Mark BallCreighton Waters
32 lines

Mark Ball estimated that client repayments exceeded $10 million, limited his knowledge of Alex Murdaugh's statements to investigators, and confirmed that Alex repeatedly denied a kennel visit later contradicted by video.

Highlights

Scope of Cross-Examination if Defendant TestifiesrulingThe court declined to impose a blanket advance limitation or give an advisory opinion, directing that objectionable questions be addressed as the evidence was presented while offering to review the defendant's privilege and the parties' authorities.Scope of Cross-Examination if Defendant Testifies“I'm not going to issue an order in advance limiting the scope of this cross-examination. Any objectionable matter must be addressed on -- as the evidence is presented and not based on any advance ruling by the Court.”— Clifton NewmanThe court stated its central ruling that specific objections would be resolved during the testimony rather than through an advance limitation.Mark Ball - Directemotional momentAfter the scene had been released on June 8, Ball entered the feed room and observed steel shot, apparent shot damage, buckshot, blood and tissue, and part of Paul's skull. He said an agent told him investigators had what they needed, and he expressed intense anger that remains were still present.Mark Ball - CrossadmissionBall expressed no doubt that Alex, Maggie, and Paul were on the kennel video, then testified that Alex gave him the same account omitting a kennel visit at least three times over subsequent days.Mark Ball - Redirect“And when we found out about it, it makes you doubt everything, and it's just human nature, but I don't have one shred of anything. All I can do is just point to what I saw.”— Mark BallBall acknowledged that discovering Alex's financial misconduct caused broad doubt while expressly limiting his testimony to what he personally observed.

3. Dawes Cooke Jr. — Direct/Cross/Redirect/Recross

Dawes Cooke Jr. completed testimony about the boat-accident civil case, disputed financial discovery, and what a hypothetical production order would require.

Direct
Dawes Cooke Jr.Margaret N. Fox
105 lines

Civil defense lawyer Dawes Cooke Jr. described the boat-accident claim as defensible and testified that its financial-discovery dispute was not viewed as an imminent or extraordinary threat to Alex Murdaugh.

Cross
Dawes Cooke Jr.Creighton Waters
74 lines

Dawes Cooke Jr. limited his knowledge of Murdaugh's finances and earlier defense discussions while acknowledging that civil discovery could have led to a court-ordered financial production.

Redirect
Dawes Cooke Jr.Margaret N. Fox
17 lines

The court blocked opinion questions about the likelihood of a June 10 discovery order, but Cooke testified that any ordered document production would not have been immediate.

Recross
Dawes Cooke Jr.Creighton Waters
20 lines

Dawes Cooke Jr. agreed that an order requiring all requested documents would begin the production process and eventually result in production.

Highlights

4. Kenneth Zercie — Direct/Cross/Redirect/Recross/Voir Dire

Defense expert Kenneth Zercie criticized crime-scene evidence preservation and footwear-impression documentation, then acknowledged limits in the materials he reviewed before completing his testimony.

Voir Dire
Kenneth ZercieDick Harpootlian
88 lines

Kenneth Zercie outlined his forensic training and extensive prior expert work before the court qualified him in fingerprint, footwear, tire-impression, and crime scene examination.

Direct
Kenneth ZercieDick Harpootlian
476 lines

Kenneth Zercie identified shortcomings in contamination control, evidence preservation, fingerprint and blood processing, and footwear photography, while the court barred speculation that additional work might have produced exculpatory evidence.

Cross
Kenneth ZercieJohn Meadors
402 lines

The State tested Kenneth Zercie's limited case review, lack of a written report, methodology, compensation, and footwear opinions; he agreed with the State examiner's qualified findings while maintaining that inadequate photographs prevented definitive comparisons.

Redirect
Kenneth ZercieDick Harpootlian
46 lines

Kenneth Zercie criticized the handling and photography of footwear impressions but said he could not date the prints or identify a particular shoe as their source.

Recross
Kenneth ZercieJohn Meadors
30 lines

Kenneth Zercie said he had prepared several PowerPoints that were not used, after which the court admitted the defense's PowerPoint as Exhibit 145 without objection.

Highlights

5. Barbara Mixson — Direct/Cross

Barbara Mixson testified about her June 7 calls with Maggie and Alex Murdaugh, then faced questions about when she first disclosed her conversation with Alex.

Direct
Barbara MixsonJim Griffin
143 lines

Barbara Mixson, a longtime caregiver for Elizabeth Murdaugh, described Alex Murdaugh's frequent visits, recounted her last call with Maggie, confirmed a June 7 request that Alex check on his mother, and said she never saw a blue tarp laid out at Almeda.

Cross
Barbara MixsonJohn Meadors
30 lines

Barbara Mixson acknowledged her close attachment to the Murdaugh family, an earlier omission of her June 7 conversation with Alex Murdaugh, and uncertainty about when she first disclosed it.

6. Micah Sturgis — Direct/Cross/Redirect/Recross/Voir Dire

Digital-forensics expert Micah Sturgis examined phone activity around 8:49 to 9:07 p.m., identified signs of handling and other events, and explained the limits of determining who used or moved Maggie Murdaugh’s phone.

Voir Dire
Micah SturgisPhillip D. Barber
42 lines

Micah Sturgis described his digital-forensics experience and certifications before the court qualified him as a cell phone forensics expert without objection.

Direct
Micah SturgisPhillip D. Barber
264 lines

Micah Sturgis explained Maggie Murdaugh's phone activity, identified limitations in the available GPS and timeline data, and offered qualified interpretations of screen, camera, movement, and call events.

Cross
Micah SturgisJohn B. Conrad
207 lines

Micah Sturgis agreed that Maggie Murdaugh's phone showed likely handling but could not identify the handler, and he acknowledged limits in his GPS-cache research and iOS-version testing.

Redirect
Micah SturgisPhillip D. Barber
70 lines

Micah Sturgis distinguished Raise to Wake from orientation data, qualified the camera event as user interaction of uncertain intent, and addressed GPS-cache preservation and non-overlapping phone-step periods.

Recross
Micah SturgisJohn B. Conrad
59 lines

Micah Sturgis confirmed the kennel video's stated time and location, then clarified the limits and comparative accuracy of iPhone step data.

Highlights

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