Nolen Tuten — Direct/Cross/Redirect
508 linesTHURSDAY, FEBRUARY 23, 2023
(Court resumed at 9:39 a.m.)
JUDGE NEWMAN: Good morning.
(Some members of the audience responded good morning.)
JUDGE NEWMAN: Anything before we bring the jury?
MR. HARPOOTLIAN: Yes, sir.
JUDGE NEWMAN: Yes, sir.
MR. HARPOOTLIAN: A couple of things. First of all, we're going to ask you in a minute to advise Alex Murdaugh and his rights concerning testimony. Before we do that, though, I would like to renew all previously made motions concerning the financial crimes that were allowed in by Your Honor's ruling under 403, res gestae, and maybe 401, and advise the Court that we would renew our motion to exclude that testimony. And now because it was included, our advice to Mr. Murdaugh would have been different in terms of taking the stand had that material not been allowed under motive, and since it was allowed in under 608 we would object to it. And I just want to put on the record that our advice, had that not been allowed, our advice as to whether to take the stand or not would have been different. I wanted to put that on the record.
JUDGE NEWMAN: All right.
MR. HARPOOTLIAN: And I'm asking you to strike the financial information, and if perhaps we could recess then could give different advice on what to do. Thank you.
JUDGE NEWMAN: Yes, Mr. Waters.
MR. WATERS: Your Honor, obviously we've addressed this issue extensively and addressed it yesterday. I don't know that -- I'm happy to go into further detail with the Court, but obviously Your Honor has considered all of this and admitted it, and we've stayed within those boundaries, and I'm not aware of any reason why in the middle of this trial we would need to change the rules. I'm happy to go into more detail, but I would just be reiterating the arguments I made to Your Honor before.
JUDGE NEWMAN: All right. Anything further, Mr. Harpootlian?
MR. HARPOOTLIAN: No, Your Honor.
JUDGE NEWMAN: Well, the Court has previously determined that the so-called financial crimes and other crimes and/or bad acts, have determined them to be relevant and material and admissible, having given the 403/404 analysis, as well as the res gestae analysis, and the trial has proceeded with many witnesses testifying regarding these issues. And the Court will not change course during the trial and provide any special exception to Mr. Murdaugh with regard to testimony regarding the matters that the Court has already determined to be admissible. With regard to the advice of counsel, Mr. Harpootlian, you stated for the record the basis for your advice. Of course, a defendant's -- yes, sir?
MR. HARPOOTLIAN: Your Honor, under -- first all, all of the financial information, misdeeds are in the record basically. I mean, the amounts are very specific. So, at this juncture two things happen. One, he has not been convicted of anything in regards to financial crimes, so normally they couldn't ask him about those crimes because he hadn't been -- they're not -- he hasn't been convicted, it's got to be a crime which carries a year or more, those kinds of things. It meets none of that. So, then you go under 608, and it's character evidence, and it's going to be fair game. We disagree. There's a Fourth Circuit case that seems to restrict it a little bit. But we disagree with the process whereby that it could come in unless he was convicted. If he takes the stand, they're going to ask him extensively about each and every one of these events in an effort to, you know, to commit character assassination. This is what we warned about.
You told the jury it only goes to motive, and this obviously goes well beyond that, and vitiates Your Honor's earlier ruling, or at least gives them two grounds now to argue why it's relevant. And our advice was had that information not already come out, we would be sitting here with no financial misdeeds in the record, and we believe that the jury -- there's a high likelihood of the jury acquitting him because they haven't proved motive. They haven't proved -- there's no forensic evidence whatsoever, no confession, no eye witness. It's all, as you say in denying our motion for a directed verdict, it's circumstantial. This is just a naked effort of character assassination to influence the jury, that he has committed these financial misdeeds or represented other things, and the result, no matter what charge you give the jury, we're fearful that he -- if he hasn't explained any of that, that they will hold it against him. And, again, it all goes back to your original ruling as to motive. I'm not sure they're even arguing motive after Mr. Tinsley's testimony and after Dawes Cooke's testimony, both of whom say there wasn't a storm coming on Thursday, that there -- so, again, our advice would have been different had Your Honor not allowed -- I mean, if you would strike all of that testimony and tell them to disregard it, we in all likelihood would not put him on the stand or not advise him to take the stand.
JUDGE NEWMAN: You've just restated what you've previously put on the record and what you have argued throughout the trial and --
MR. HARPOOTLIAN: Yes, sir.
JUDGE NEWMAN: And I certainly understand and appreciate that.
MR. HARPOOTLIAN: Well, and this -- it's compounded this new problem, if he takes the stand. And we think, with all due respect -- and I'm not arguing again what we argued a month ago. That what's going to happen is we're going to spend the next day or two or three with the State going through these minute details of each one of these offenses. We've already went -- in my opinion, this is, you know, a Bernie Madoff trial. This is no murder trial. This is all about financial misdeeds, not about --
JUDGE NEWMAN: And all of that sounds like a good jury argument if you are the one to make the argument.
MR. HARPOOTLIAN: But I'm not convincing you?
JUDGE NEWMAN: It's an argument that you can make to the jury. I've ruled on the issue --
MR. HARPOOTLIAN: Yes, sir.
JUDGE NEWMAN: -- and I do not know what -- the questions that the State intends to ask. I cannot forecast the next three days as you have just done as to every minute detail the State would seek to introduce, and all rights are preserved as to any and all testimony, and anything that is objectionable that you all wish to object to, and the Court will rule when those objection are made.
MR. HARPOOTLIAN: And, Your Honor, I appreciate that. All we're saying is if they had cart blanche to go in the minute -- talk about who the victims were and do all of that, and do that, it's going to take a week or more, especially with our objection, and then have to redirect on that. And haven't we wasted enough time on financial matters?
JUDGE NEWMAN: All right.
MR. HARPOOTLIAN: Thank you.
JUDGE NEWMAN: I'll give you an opportunity to respond if you desire.
MR. WATERS: Your Honor, again, the Court has ruled. I don't think I need to go into anything further.
JUDGE NEWMAN: Yeah. When a defendant takes the stand and testifies, he has no right to set forth to the jury all facts which may be favorable without exposing himself to cross-examination, whether or not -- a defendant testifying is solely the right of that defendant. The Court makes no recommendation pro or con. I have no role other than advising the defendant of his rights and to ensure that he understands his rights so that he will make an informed decision with regard to testifying after consultation with counsel and anyone else he might want to testify -- consult with. Do you wish me to engage in that colloquy at this time with Mr. Murdaugh?
MR. HARPOOTLIAN: Your Honor, I think it would be good for you to engage in that colloquy now. We have one short witness before he would testify, if he continues to want to testify.
JUDGE NEWMAN: All right. Mr. Murdaugh, if you would come forward and stand in front of me. And, Madame Clerk, if you will swear him.
(The defendant was sworn.)
JUDGE NEWMAN: Mr. Murdaugh.
ALEX MURDAUGH: Yes, sir. Good morning.
JUDGE NEWMAN: Good morning. At this time I'm going to explain to you certain of your rights. If you do not understand anything I say, please let me know --
ALEX MURDAUGH: Yes, sir.
JUDGE NEWMAN: -- and I will explain it in greater detail. Do you understand?
ALEX MURDAUGH: Yes, sir.
JUDGE NEWMAN: Now, we have now reached the stage of the trial in which you are presenting your defense, and you have the right to claim the protections given to you by the Fifth Amendment to the Constitution of the United States. This amendment states in part that no person shall be compelled in any criminal case to be a witness against himself, and this means that you cannot be required to testify. You do, however, have the right to testify on your own behalf. However, no one can make you testify. Whether or not you testify is a personal right, and no one can waive this right except you. If you decide to testify, you will be subject to the same rules that govern other witnesses, and you may be examined and cross-examined on any relevant issue in this case. If you decide to testify, the decision on your part must be freely, voluntarily, and intelligently made with knowledge of the protections given to you by the Fifth Amendment and the consequences of your decision to testify. As I understand it, you have no convictions involving dishonesty or false statements or any -- for any crimes punishable by more than one year imprisonment. But as it relates to any other relevant issues as determined by the Court, you may be examined or cross-examined on any relevant issue. Do you understand?
ALEX MURDAUGH: I do, yes, sir.
JUDGE NEWMAN: If you decide not to testify, I will instruct the jurors that they cannot give the fact that you did not testify any consideration whatsoever, and that there is to be absolutely no prejudice to you because you did not testify. It is left entirely up to you whether or not you testify. You may talk with your attorneys, Mr. Harpootlian, Mr. Griffin, Mr. Barber, Ms. Fox, family, friends, or anyone else, but the final decision will be left entirely up to you. Do you understand what I have explained?
ALEX MURDAUGH: Yes, sir, I do.
JUDGE NEWMAN: Do you have any questions whatsoever as to what I've explained?
ALEX MURDAUGH: No, sir. Thank you.
JUDGE NEWMAN: Yes, sir, and you've talked with your lawyers about whether or not you've testified. Mr. Harpootlian just suggested advice he's given to you. The Court has no comment whatsoever as to whether you should or should not testify, but do you wish to confer with lawyers some more about whether or not you should testify?
ALEX MURDAUGH: No, sir. I don't need to talk with them anymore.
JUDGE NEWMAN: Have you made a decision as to whether you're going to testify?
ALEX MURDAUGH: Yes, sir.
JUDGE NEWMAN: All right, and what is your decision?
ALEX MURDAUGH: I am going to testify. I want to testify.
JUDGE NEWMAN: All right. Very well. Thank you.
ALEX MURDAUGH: Thank you, Your Honor.
MR. HARPOOTLIAN: Thank you, Your Honor. Your Honor, we'll have one short witness before Mr. Murdaugh.
JUDGE NEWMAN: Very well. If you'll bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: Thank you. Good morning.
(The jurors responded good morning.)
JUDGE NEWMAN: Day number twenty-three, the defense's case. You may call your next witness.
The witness, NOLEN TUTEN, was first duly sworn and testified as follows:
COURT CLERK: If you will come to the witness stand and have a seat, please. The microphone is very sensitive, and you have to get, like, right up on it, but if you would state your full name again, and please spell your last name for us.
NOLEN TUTEN: Nolen Tuten, T-u-t-e-n.
DIRECT EXAMINATION
BY MS. FOX:
NOLEN TUTEN: Good morning.
NOLEN TUTEN: I grew up in Hampton County. I grew up around Paul and Maggie and went to school at Wade Hampton. Played sports with Buster growing up and just -- we're lifelong friends.
NOLEN TUTEN: I work in the timber business.
NOLEN TUTEN: I do.
NOLEN TUTEN: Pretty much my whole life.
NOLEN TUTEN: I did.
NOLEN TUTEN: He was one of my best friends. I mean, I considered him like a little brother to me. We were really close.
NOLEN TUTEN: Paul was one of those guys that would -- I mean, you could call him at the drop of a hat and he would come. I mean, he was, you know, there for you always. He would call you nonstop all throughout the day every day. And, I mean, he would do, you know, whatever he could for you whenever he could for you. And --
NOLEN TUTEN: Every day.
NOLEN TUTEN: A couple of times a week most weeks.
NOLEN TUTEN: I mean, it depended. He would come to my house; I would go to Moselle. You know, I would see him on the boat. I mean, we would just go hunt together, fish together. Just do whatever we really felt like doing.
NOLEN TUTEN: We hung around Moselle; we farmed at Moselle. You know, whatever we felt like doing really.
MS. FOX: And when you were with Paul outside doing these activities, did he have his phone with him normally?
NOLEN TUTEN: Most times, yes.
NOLEN TUTEN: He did sometimes, not a whole lot. I mean, it was in his hand or in his pocket. But if he had something in his hand he would, you know, set it down either in the truck or somewhere close to him. I mean, it would be within reaching distance.
MS. FOX: What was your impression from the time you spent with the family as to how they got along?
NOLEN TUTEN: I mean, they all had a really good relationship, I felt like. I mean, when I was around, there was always kind of laughing and, you know, a good relationship, good family relationship.
NOLEN TUTEN: Big Red.
NOLEN TUTEN: They had a good relationship.
NOLEN TUTEN: He was.
MS. FOX: Now, you mention that you guys hunted together. Are you familiar with the type guns that Paul had?
NOLEN TUTEN: I was.
NOLEN TUTEN: He did.
NOLEN TUTEN: Buster and Paul got two for Christmas one year. One -- Buster had a black one, Paul had a tan one, and they were at Moselle. And then Paul's went missing, or, you know, got stolen or whatever happened to it, and then there was just a black one at Moselle that we used more or less.
NOLEN TUTEN: Rode around, you know, played around at the house, messed around at the sheds. You know, we would go ride the buggies, ride in the truck, you know, go fish, go hunt, go farm.
NOLEN TUTEN: It really depended honestly what was closest to get into from the house. It was, you know, sometimes my truck, sometimes Paul's truck, sometimes golf cart, Ranger, whatever we felt like riding in.
NOLEN TUTEN: I did.
NOLEN TUTEN: Yes.
MS. FOX: -- at Moselle? Okay, and if you were with Paul at the house, would you guys typically walk to the kennels or would you drive down there?
NOLEN TUTEN: We would never walk. We would drive or ride something.
MS. FOX: Okay, and were there ever times where you noticed Paul with guns in his truck on Moselle?
NOLEN TUTEN: All of the time.
NOLEN TUTEN: A lot of times, yes.
NOLEN TUTEN: There were sometimes -- not a whole lot, but there, there were, you know, sometimes left there and then picked up later.
NOLEN TUTEN: Same.
NOLEN TUTEN: She was a very sweet woman. She would, you know, do whatever. She treated me like I was one of her own. She was just a really, really sweet woman.
NOLEN TUTEN: She would.
NOLEN TUTEN: It just depended really. She would drive her car sometimes. She would walk sometimes. She would ride her bicycle. She would ride a Ranger, golf cart, you know, however she felt like getting down there.
NOLEN TUTEN: Okay.
NOLEN TUTEN: That morning I got up. I talked to Paul either over the weekend or Friday or one of those days when we had talked about C.B. had sprayed the sunflowers. So, I had gone out to Moselle that morning and rode by the sunflowers to see if they were actually dead yet or not, and I noticed that they were dead. So then, you know, Paul and I talked, I don't know, around 10:00 or 11:00 that morning about kind of coming up with a plan about how to get them plowed up under and replanted. So, then I went to work and stayed at work all day pretty much. I got -- we were supposed to go out that afternoon and start plowing the sunflowers under, and I got stuck at work late and talked to Paul throughout the day, and I wasn't going to make it that night, and so I went home after work. And then I got the call around 10:30 or so, 11:00, sometime around there, and came back to Moselle and, you know, everything had happened.
MS. FOX: When you talked to Paul that morning what, if any, understanding did you have as to where he was?
NOLEN TUTEN: He was in Okatie. He was working for John Marvin at the time.
NOLEN TUTEN: That's right, yes.
MS. FOX: Okay. When you called him on the way home what, if any, understanding did you have as to where he was?
NOLEN TUTEN: When I talked to him on the way home, he was driving from Okatie to Moselle when I spoke to him.
NOLEN TUTEN: I was at home.
NOLEN TUTEN: I did.
NOLEN TUTEN: I did.
NOLEN TUTEN: He was pretty distraught. He was -- you know, when I got there he and I saw each other and we both kind of walked towards each other, and he gave me a hug and just started crying and told me they were gone.
(Break in proceedings.)
NOLEN TUTEN: Right.
NOLEN TUTEN: That's right.
JUDGE NEWMAN: By the State?
CROSS-EXAMINATION
BY MR. FERNANDEZ:
MR. FERNANDEZ: Nolen, good morning. How are you?
NOLEN TUTEN: Good. How about you?
MR. FERNANDEZ: Doing well. Nolen, we've met a bunch of times, right?
NOLEN TUTEN: Yes.
MR. FERNANDEZ: Prior to trial, we've met in Colleton; we've met elsewhere. We've had quite a few conversation. Is that fair to say?
NOLEN TUTEN: We have.
MR. FERNANDEZ: And you've had a lot of conversation with law enforcement also sometimes there in.
NOLEN TUTEN: I have, yes.
MR. FERNANDEZ: You were as close a friend to Paul as there could be. Is that fair to say?
NOLEN TUTEN: I feel like that, yes.
MR. FERNANDEZ: And I just want you to say again. He was the kind of guy that if you needed something in the middle of the night, you could call him.
NOLEN TUTEN: Yes.
MR. FERNANDEZ: He -- was he going to be there for you?
NOLEN TUTEN: He was going to come.
MR. FERNANDEZ: Flat tire side of the road, Paul is there.
NOLEN TUTEN: He was there.
MR. FERNANDEZ: You also, I think -- and Maggie, I think you referred to her as a second mom.
NOLEN TUTEN: I did.
MR. FERNANDEZ: Kind of they adopted you into the family. You were treated like one of the -- one of the group. Is that fair to say?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And what year did you graduate high school?
NOLEN TUTEN: 2014.
MR. FERNANDEZ: And what year did -- was Paul at Wade Hampton?
NOLEN TUTEN: He didn't go to Wade Hampton.
MR. FERNANDEZ: What year did he graduate high school?
NOLEN TUTEN: I want to say '17 maybe, '17 or '18.
MR. FERNANDEZ: So, you were a little older than Paul.
NOLEN TUTEN: That's right. He was the same age was my younger brother, Nate.
MR. FERNANDEZ: And your younger brother, I know we already heard -- it was Nathan Tuten, right?
NOLEN TUTEN: That's right, yes.
MR. FERNANDEZ: And he testified previously in this trial.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: So, your years in high school would actually align with --
NOLEN TUTEN: Buster's.
MR. FERNANDEZ: -- more of Buster's, and Paul was a little younger.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: I think you mentioned that Paul was an avid cell phone user. Is that fair to say?
NOLEN TUTEN: That's fair.
MR. FERNANDEZ: He used it all the time.
NOLEN TUTEN: Yeah.
MR. FERNANDEZ: Which may be part of the reason why he was so responsive when you needed something: because he always was there to answer the call and respond to a text. Is that fair to say?
NOLEN TUTEN: That's right, yeah.
MR. FERNANDEZ: Do you -- do you consider yourself someone that has a fair amount of knowledge about firearms?
NOLEN TUTEN: I feel like it, yes.
MR. FERNANDEZ: Are you an avid hunter?
NOLEN TUTEN: I am.
MR. FERNANDEZ: And you've had a lot of experience with firearms yourself?
NOLEN TUTEN: I have.
MR. FERNANDEZ: And a lot of experience with the family's firearms?
NOLEN TUTEN: Yes, sir.
MR. FERNANDEZ: And gained kind of a knowledge of what people tend to use or favor?
NOLEN TUTEN: Yes, sir.
MR. FERNANDEZ: And is it fair to say that -- well, first let's -- before we go there, let's talk about the 300 Blackout, Paul's 300 Blackout that he just testified to that they received as a Christmas gift.
NOLEN TUTEN: Right.
MR. FERNANDEZ: Now, Buster's -- when they received it, Buster's 300 Blackout was, was what color?
NOLEN TUTEN: It was black.
MR. FERNANDEZ: And Paul's 300 Blackout was what color?
NOLEN TUTEN: It was like a sand color.
MR. FERNANDEZ: And you're hanging out with Paul, and I want to talk about somewhere in, like, 2017 or 2018. Did you go to a Halloween party with Paul?
NOLEN TUTEN: We did.
MR. FERNANDEZ: Did you actually ride with him?
NOLEN TUTEN: From my recollection, yes.
MR. FERNANDEZ: And it wasn't uncommon for Paul to have his kind of favorite guns in the car with him. Is that fair to say?
NOLEN TUTEN: That's fair.
MR. FERNANDEZ: And on this occasion when you went to this party, did Paul have that 300 -- his tan 300 Blackout with him?
NOLEN TUTEN: He did.
MR. FERNANDEZ: This is back in, like, 2017, 2018.
NOLEN TUTEN: It was awhile ago, yes, sir.
MR. FERNANDEZ: Before Covid?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: The new designation: before Covid, after Covid.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And tell us what happened, what happened that night.
NOLEN TUTEN: I mean, we were at a Halloween party, and we had been around Moselle most of the day, and, you know, we left. And then later on the gun was gone. The gun was missing. Whether -- you know, whatever happened to it, you know, it was -- we no longer had it.
MR. FERNANDEZ: So, it was there before you went to the party, and then y'all come back and it's out of the car.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: Now, this was a really nice rifle, right?
NOLEN TUTEN: It was.
MR. FERNANDEZ: It was a fairly expensive rifle, and the scope on it is a very expensive scope.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: So, it wasn't like it was misplaced. It was -- do you believe it was stolen?
NOLEN TUTEN: I believe so, yes.
MR. FERNANDEZ: And then going to guns, did Paul have a shotgun that he favored?
NOLEN TUTEN: He did.
MR. FERNANDEZ: Was it the -- and have you paid attention to any of the trial?
NOLEN TUTEN: I've watched some, yes.
MR. FERNANDEZ: And is it -- without going ahead and rooting through the guns, is that camo, camo in color Benelli Super Black Eagle 3 that, that the State has in evidence --
NOLEN TUTEN: That's right.
MR. FERNANDEZ: -- that's, that's Paul's shotgun?
NOLEN TUTEN: That was his, the one he favored the most, yes.
MR. FERNANDEZ: And then did Paul also have a 300 Blackout on him at all times?
NOLEN TUTEN: He did most times.
MR. FERNANDEZ: So, what did -- what did Paul do after his rifle was stolen? What did he use then?
NOLEN TUTEN: When his rifle was stolen, he more or less took Buster's as his own, so --
MR. FERNANDEZ: He start using Buster's. Is that because Buster really didn't use that very much?
NOLEN TUTEN: Buster was in school, you know, either in Wofford or in Columbia. So, he was -- Buster came to Moselle a fair amount, but Paul was there more and so Paul just, you know, used it as his own.
MR. FERNANDEZ: And then Buster had a shotgun he favored. I think we'd already heard about it, but is it a -- is it a Benelli Super Black Eagle Model 2?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And do you know the differences between the Super Black Eagle models?
NOLEN TUTEN: I do.
MR. FERNANDEZ: And I think your brother already testified to that, but there's markings on the shotguns that you can look at and tell, if you know what you're looking for.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And then I believe Alex favored a Super Black Eagle Model 1.
NOLEN TUTEN: That's right. He either shot the 1 or the 2.
MR. FERNANDEZ: So, we have 1, 2, and 3 models.
NOLEN TUTEN: Right.
MR. FERNANDEZ: For the same -- they're all Super Black Eagle, but models 1, 2, and 3.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And those were all 12 gauges typically that was used --
NOLEN TUTEN: That's right.
MR. FERNANDEZ: -- as kind of a general use?
NOLEN TUTEN: Uh-huh.
MR. FERNANDEZ: I think you also mentioned that -- about guns being left down at the kennel area, and you said it was occasional. Is that fair to say?
NOLEN TUTEN: That's fair to say.
MR. FERNANDEZ: They weren't stored down there, right?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: Permanently. Nothing was stored down there.
NOLEN TUTEN: No, nothing was stored down there.
MR. FERNANDEZ: And it was -- usually if guns were left, would it be mostly in just the hunting seasons?
NOLEN TUTEN: That's right. It would either be during, you know, the hunting seasons, or, you know, if Paul was cleaning out his truck, you know, he would --
MR. FERNANDEZ: And what are the hunting seasons for, like, deer and dove and turkey? When are those hunting seasons?
NOLEN TUTEN: Deer season is typically in the fall sometime, August to January. Duck season is, you know, around Thanksgiving until the end of January. And turkey season is March 22nd to May 1st, somewhere around there.
MR. FERNANDEZ: Were you -- and you spent a lot of time at Moselle. I think --
NOLEN TUTEN: I have.
MR. FERNANDEZ: -- we already talked about that. Were you around before the -- how many entrances and exits are there at Moselle, the property?
NOLEN TUTEN: There are two.
MR. FERNANDEZ: Were you around before when there was only one entrance and exit?
NOLEN TUTEN: I was.
MR. FERNANDEZ: So, when there was only entrance and exit, the main exit -- entrance and exit, where was that one?
NOLEN TUTEN: That was by the kennels.
MR. FERNANDEZ: And is that actually where the mailbox is?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And I think packages are sent that way.
NOLEN TUTEN: They would typically go to the shed, to the hangar.
MR. FERNANDEZ: And then at some point in the future, a second exit was created where some brick work was done sort of leading from the house --
NOLEN TUTEN: That's right.
MR. FERNANDEZ: -- is that accurate as well?
NOLEN TUTEN: That is.
MR. FERNANDEZ: And you all spent a lot of time at the kennel area, kind of the hangar/kennel area?
NOLEN TUTEN: We did.
MR. FERNANDEZ: It's kind of a good collection point for whatever y'all were doing, whether it was working on the heavy equipment there, or hunting and getting ready for things. Is that --
NOLEN TUTEN: That's correct.
MR. FERNANDEZ: -- a fair thing to say? It was a good collection point for y'all?
NOLEN TUTEN: Yes, sir.
MR. FERNANDEZ: But I think out there there's also a processing shed for --
NOLEN TUTEN: There is.
MR. FERNANDEZ: -- if you killed anything?
NOLEN TUTEN: Yes, sir.
MR. FERNANDEZ: And if you all were down there and, you know, say Maggie or Alex were at the house and they, you know, obviously knew you were down there, would they tend to come drop by before they would leave just to see if y'all needed anything?
NOLEN TUTEN: More often than not, yeah.
MR. FERNANDEZ: And knowing Paul as well as you do, is it -- and we've heard a lot about him. Is it fair to say that he was a -- he had a lifestyle that was just fairly unpredictable?
NOLEN TUTEN: Absolutely.
MR. FERNANDEZ: I mean, he lived -- he was traveling the state, whether it was Columbia, Charleston, the Lowcountry, wherever. He was everywhere, right?
NOLEN TUTEN: That's correct.
MR. FERNANDEZ: And he actually kept clothes in many different places just for that reason because he was such a traveler.
NOLEN TUTEN: He did.
MR. FERNANDEZ: So, you talked to him almost every day, right?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: But for those that maybe weren't so close to him, it would be fairly hard to even know where he was going to be on any given day.
NOLEN TUTEN: That's, that's right.
MR. FERNANDEZ: Unless you kept in frequent contact with him, right?
NOLEN TUTEN: That's fair to say, yes.
MR. FERNANDEZ: He was everywhere. Any given day during the week, who knows where he could be.
NOLEN TUTEN: Uh-huh. Yes, sir.
MR. FERNANDEZ: Fair to say? All right. So, I'm going to -- I'm going to talk to you about June 7, 2021.
NOLEN TUTEN: Okay.
MR. FERNANDEZ: And that's a day -- that's the day you lost your best friend.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And that's a tough day for you. Is that right?
NOLEN TUTEN: It is.
MR. FERNANDEZ: You talked to Paul that day on the phone.
NOLEN TUTEN: I did.
MR. FERNANDEZ: In the morning and afternoon times. Is that accurate?
NOLEN TUTEN: Yes, sir.
MR. FERNANDEZ: And I know you just testified to it, but walk us through. Walk me through again, if you wouldn't mind. I believe y'all were talking about the sunflowers, they'd died.
NOLEN TUTEN: We were.
MR. FERNANDEZ: And you often helped out on the farm. Is that also fair to say?
NOLEN TUTEN: I did, yes.
MR. FERNANDEZ: Meaning farm related stuff, tilling the ground and planting seeds and all of that stuff.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: You were pretty active in the maintaining of the duck ponds and the corn fields for the hunting purposes, too, right?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: So, if Paul needed something he'd typically -- he would call on you.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: He would call on you to help out.
NOLEN TUTEN: Yes.
MR. FERNANDEZ: And is that what happened on -- leading up to and on June 7th?
NOLEN TUTEN: Yes, it was. You know, he knew that I was riding by because typically when you spray something, it takes a couple of days before it actually takes effect. So, it happened -- C.B. sprayed them, I want to say, Thursday or Friday. So, we really couldn't get a good idea what was actually done, the harm that was actually done until a few days later. And I was going to be riding by Moselle that morning to go to work, so I just swung in there to check on them and see what it was, where we could come up with a game plan on what to do.
MR. FERNANDEZ: And you had pretty free use of the property, meaning you could show up and come and go as you please. That wasn't weird, right?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: So, the fact that you went there that morning to check on stuff, that's actually pretty normal for you?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And so you show up on that morning and check the sunflowers and they're dying. Is that right?
NOLEN TUTEN: Right, yes, sir.
MR. FERNANDEZ: So, the decision was made that y'all would have to -- and why do you need sunflowers? What's the purpose of those?
NOLEN TUTEN: They attract doves, you know. We plant them, you know, kind of corn sunflowers, corn sunflowers in the dove field, you know, to have dove hunts.
MR. FERNANDEZ: So, it's important to -- for hunting purposes, it's important to maintain a dove field. You call if a dove field --
NOLEN TUTEN: That's right.
MR. FERNANDEZ: -- or the sunflower field?
NOLEN TUTEN: Yeah. It is a good attractant.
MR. FERNANDEZ: So, the decision -- was the decision made then to till the field and replant the sunflowers?
NOLEN TUTEN: That's correct.
MR. FERNANDEZ: It wasn't too late in the year in the season. You could still get some good growth out of it.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And this is something you're pretty familiar with and you've done a number of times before with Paul?
NOLEN TUTEN: Yes, sir.
MR. FERNANDEZ: All right. So, what do you relay to Paul then?
NOLEN TUTEN: I talked to Paul and told him they were, in fact, dying and we had to restart. So, he and I had talked about coming up with a game plan, meeting up that afternoon at Moselle to go ahead and get the tractor hooked up and begin plowing them under.
MR. FERNANDEZ: And ultimately you weren't able to make it that day. Is that correct?
NOLEN TUTEN: That's correct.
MR. FERNANDEZ: Okay. What did you have going on?
NOLEN TUTEN: I got hung up at work around the Columbia area.
MR. FERNANDEZ: So, the plan then became we're going to -- we're just going to do it later, right?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: We'll do it sometime later in the week.
NOLEN TUTEN: Yes.
MR. FERNANDEZ: Now, leading up to these events, you received a Snapchat from Paul around 7:00 p.m. Is that right?
NOLEN TUTEN: Sometime around there, yes.
MR. FERNANDEZ: Sometime in the evening time.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And tell us what that Snapchat -- and Snapchat is like a video image that someone can send you?
NOLEN TUTEN: That's correct, yes.
MR. FERNANDEZ: And tell us about what that Snapchat was.
NOLEN TUTEN: It was a video of the John Deer Highboy sprayer. One of the cylinders on the back to spread -- the boom to spray was leaking pretty bad, so he was sending me a video to show me how bad it was leaking.
MR. FERNANDEZ: And a tiller is a piece of farm equipment. Is that correct?
NOLEN TUTEN: What is it?
MR. FERNANDEZ: Sorry?
NOLEN TUTEN: Repeat your question.
MR. FERNANDEZ: Was it -- is it -- you said a tiller. Is that --
NOLEN TUTEN: No, a Highboy.
MR. FERNANDEZ: Highboy. Is that a piece of farm equipment?
NOLEN TUTEN: It is.
MR. FERNANDEZ: And is that the thing you would use then to drag the -- plow the fields?
NOLEN TUTEN: That's what we would use to spray.
MR. FERNANDEZ: Spray. Sorry, thank you. Okay, and it was leaking some sort of fluid, meaning it was maybe broken.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: Now, you have -- in all of the times we've met, a number of times, did you have a chance to listen to that -- what we -- we call it the kennel -- the kennel video.
NOLEN TUTEN: I did.
MR. FERNANDEZ: And did you, when, when listening to it, did you identify the voices on that video?
NOLEN TUTEN: I did.
MR. FERNANDEZ: Having known the family, what voices did you hear on that video?
NOLEN TUTEN: Paul, Ms. Maggie, and Mr. Alex.
MR. FERNANDEZ: All right. Down at the kennel area, too, if you're down there at nighttime -- I assume you've been down there around the nighttime in the hangar/kennel area.
NOLEN TUTEN: Right.
MR. FERNANDEZ: It's actually a pretty fairly well lit area if the lights are all turned on. Is that true?
NOLEN TUTEN: That's correct.
MR. FERNANDEZ: So, not only is there the hangar lights inside the hangar, but then there's lights on the outside of the hangar as well.
NOLEN TUTEN: That's right.
MR. FERNANDEZ: Is that true?
NOLEN TUTEN: Yes.
MR. FERNANDEZ: And is it true, then, also that the kennels have good lights, both fan lights and overhead lights?
NOLEN TUTEN: That's correct.
MR. FERNANDEZ: So, if you're down there in the middle of the night, even though there may not be any, you know, street lighting or anything like that, the kennel area and the hangar are all brightly lit with, like, florescent lighting.
NOLEN TUTEN: Yes, sir.
MR. FERNANDEZ: And you would -- would you be able to see the lighting if you were at the Moselle house? Would you be able to look down -- it's nighttime. Would you be able to look down and see the well lit area?
NOLEN TUTEN: You could, yes.
MR. FERNANDEZ: So on June 7th, what's the last communication you had with Paul?
NOLEN TUTEN: That phone call. The phone call --
MR. FERNANDEZ: And did you go to bed think --
NOLEN TUTEN: -- and the Snapchat.
MR. FERNANDEZ: I'm sorry. Go ahead.
NOLEN TUTEN: The phone call and the Snapchat.
MR. FERNANDEZ: And you then go to bed that night thinking it's just any other night. Is that right?
NOLEN TUTEN: That's correct.
MR. FERNANDEZ: And I think you testified to it, but you were woken up at what time?
NOLEN TUTEN: It was around 10:30, between 10:30 and 11:00. My mom had called me and she had heard something had happened at Moselle, so I tried to call Paul and text Paul and didn't get a response. So, I got in the truck and rode over there as fast as I could.
MR. FERNANDEZ: And at the time, were you living fairly close by?
NOLEN TUTEN: I was living -- I was living closer to Almeda. It was probably a 20 to 25 minute drive to Moselle.
MR. FERNANDEZ: When you arrived at the scene, what entrance did you go to initially?
NOLEN TUTEN: Initially I was coming down Moselle Road, and I noticed all the first responders over towards the kennel area, and so I pulled in there and they wouldn't let me in. So, then I backed up and came in through the brick columns and made my way around.
MR. FERNANDEZ: And when you arrived, what did you -- what did you observe?
NOLEN TUTEN: When I got there, there were a lot of first responders out, and I could see two bodies laying -- one by the corner of the shed and one by the feed room door, and they had sheets over them.
MR. FERNANDEZ: And by the time you arrived, law enforcement had already cordoned off the area?
NOLEN TUTEN: They had.
MR. FERNANDEZ: But you could -- where the tractor equipment was housed, you could kind of stand around back there?
NOLEN TUTEN: That's correct.
MR. FERNANDEZ: And even though it sat further back, you could still see sort of the scene.
NOLEN TUTEN: Yes.
MR. FERNANDEZ: Who was there with you when you arrived?
NOLEN TUTEN: When I arrived it was myself, Alex, Randy, Ronnie Crosby, Mark Ball, and it's -- I think that's it at the time. People started coming -- when I got there, a lot of people started coming, showing up.
MR. FERNANDEZ: And I know you testified to it and it's obviously understandable, but everyone is pretty upset, right?
NOLEN TUTEN: Yes.
MR. FERNANDEZ: And when you -- did you have a chance then to interact with Alex?
NOLEN TUTEN: I did.
MR. FERNANDEZ: And is he here today?
NOLEN TUTEN: He is.
MR. FERNANDEZ: Is he sitting at counsel table right there between his lawyers?
NOLEN TUTEN: He is.
MR. FERNANDEZ: And I think you said you hugged. Is that right?
NOLEN TUTEN: We did.
MR. FERNANDEZ: And what thing did he repeat to you twice?
NOLEN TUTEN: The boat wreck. The boat wreck. The boat wreck.
MR. FERNANDEZ: That's the thing he said to you?
NOLEN TUTEN: That's right.
MR. FERNANDEZ: And did he also ask you to get in touch with Rogan?
NOLEN TUTEN: He did.
MR. FERNANDEZ: And you know Rogan Gibson?
NOLEN TUTEN: I do.
MR. FERNANDEZ: Friends with him as well?
NOLEN TUTEN: Yes, sir.
MR. FERNANDEZ: So, the two things he says to you there is -- two of the things he says is boat wreck. I think he says the F'ing boat wreck. Is that right?
NOLEN TUTEN: He did.
MR. FERNANDEZ: And get in touch with Rogan.
NOLEN TUTEN: Yeah. It was a little while later, but yes, he asked me to call Rogan.
MR. FERNANDEZ: Beg the Court's indulgence.
(Break in proceedings.)
MR. FERNANDEZ: No further questions. Thank you, Nolen.
JUDGE NEWMAN: Any redirect?
REDIRECT EXAMINATION
BY MS. FOX:
NOLEN TUTEN: Right.
NOLEN TUTEN: I was, yes.
NOLEN TUTEN: Yes.
MS. FOX: And if you're at the house in Moselle, can you see any detail at night, what's happening at the kennels?
NOLEN TUTEN: You could just see the lights. You could tell that the lights were on and you could see the roof, but that's really about all you could see.
NOLEN TUTEN: That's right. You could -- you would notice something was down there, but you weren't really able to tell exactly what it was.
MS. FOX: Okay, and going back to June 7th, you went out there in the morning for the dove fields?
NOLEN TUTEN: That's right.
NOLEN TUTEN: I didn't.
NOLEN TUTEN: Thank you.
MR. FERNANDEZ: Nothing else, Your Honor.
JUDGE NEWMAN: All right. Thank you. You may step down.
NOLEN TUTEN: Thank you.
(The witness exited the stand.)
JUDGE NEWMAN: Ladies and gentlemen, we'll have you go to the jury room for a short break. Please do not discuss the case.
(The jury left the courtroom.)
JUDGE NEWMAN: If everyone will be seated. Mr. Harpootlian, do you need any additional time to confer with Mr. Murdaugh?
MR. HARPOOTLIAN: He indicates he doesn't need to talk to me, which hurts my feelings, but we don't need any break.
JUDGE NEWMAN: All right.
MR. HARPOOTLIAN: However, Your Honor, he does need to visit the restroom before we start this process.
JUDGE NEWMAN: All right. We'll take a recess. About 10 minutes.
(A break was taken.)
JUDGE NEWMAN: You may bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: Thank you.
(Break in proceedings.)
JUDGE NEWMAN: You may call your next witness.
MR. GRIFFIN: Thank you, Your Honor. The defendant, Richard Alexander Murdaugh, wishes to take the stand.