Daniel Greene — Direct/Cross/Redirect/Recross
1,102 linesTHURSDAY, JANUARY 26, 2023
(Court resumed at 9:30 a.m.)
JUDGE NEWMAN: An email was sent to my chambers at 5:20 -- 5:52 p.m. yesterday by someone by the name of Chris Wilson who, I don't know whether it's the Chris Wilson who's on the witness list or not, complaining about the violation of my court order prohibiting the disclosure of the identity of jurors. I did not respond to the email, and I'll make the email a part of the record in the case. And counsel can look at it if you'd like.
(Break in proceedings.)
JUDGE NEWMAN: It will be Court's Exhibit Number 2.
(EMAIL MARKED AS COURT'S EXHIBIT NUMBER 2 WAS RECEIVED INTO EVIDENCE.)
JUDGE NEWMAN: Any comment by the State or the defense?
MR. HARPOOTLIAN: No, Your Honor, nothing from Mr. Murdaugh.
MR. WATERS: Nothing from the State, Your Honor.
JUDGE NEWMAN: All right. Anything before the jury comes?
MR. WATERS: Nothing from the State, Your Honor.
MR. HARPOOTLIAN: Your Honor, the video he is about to show has, I believe -- and I believe he agrees -- images which are under the order signed by you, and so as it would be proposed to be shown, I have something and I believe he has something obviously under the order we have to disclose that to you, and if you approve the showing, we've got some logistical issues in just a minute. These monitors are not working, but this monitor is viewable from the audience, and we would just like to cover it up with some MacGyver like device that's been developed by Mr. Waters where you can take paper and put back and forth. So, if somebody has some tape, I would like to do that before he begins so that nothing is shown back there inadvertently.
JUDGE NEWMAN: Okay.
(Break in proceedings.)
MR. HARPOOTLIAN: Your Honor, we are ready.
JUDGE NEWMAN: Okay. You may bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: Good morning.
(The jury responded good morning.)
JUDGE NEWMAN: Welcome back, ladies and gentlemen. We are at day number -- I guess number four of this session of court, day number two of this trial. As I instructed you prior to us commencing yesterday with the opening statements, you're not to listen, watch, or read any news accounts of this case, or discuss it with anyone, or allow anyone to discuss it with you or in your presence. Has that occurred as to any jurors? All right. Very good. It's very important that you keep that -- follow the instruction. I know that many of you are not accustomed to sitting for long periods of time or certain amount in settings like this, but if at any time you need a break, notify the bailiff, who will bring it to my attention, or raise your hand so that I could see and we'll take a break at any time any juror would need a break, or any court participant for that matter. Are we ready to proceed by the State?
MR. WATERS: Yes, we are, Your Honor.
JUDGE NEWMAN: Yes, sir.
MR. WATERS: Your Honor, the State would call Sergeant Daniel Greene.
JUDGE NEWMAN: Sergeant Greene.
The witness, DANIEL GREENE, was first duly sworn and testified as follows:
COURT CLERK: Thank you. You may have a seat. Adjust that microphone so that it fits you. If you'll state your name and spell your last name for the jury.
DANIEL GREENE: My full name a Daniel Greene. My last name is G-r-e-e-n-e.
DIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: Sergeant Greene, how are you doing today?
DANIEL GREENE: I'm good.
MR. WATERS: All right. Tell us where you work.
DANIEL GREENE: I work for the Colleton County Sheriff's Office.
MR. WATERS: Okay, and your rank is sergeant obviously. Is that correct? Tell us just a little bit about yourself. Give us just a little bit of your background that led you to your career in law enforcement if you would, please.
DANIEL GREENE: Sure. I went to school here, grew up here, and went to college at Charleston Southern University. Got a degree in social studies education. I taught for a little while and then got into law enforcement, just kind of fell into it and liked it, and then I've been here since 2014.
MR. WATERS: Okay. You started with the sheriff's department in 2014?
DANIEL GREENE: That's correct.
MR. WATERS: All right, and what is -- what was your first job that you did, or how has your career progressed?
DANIEL GREENE: I started at the jail. I worked there for just over a year, and then I was moved to the road patrol, and I worked road patrol for several years. I moved up the ranks to sergeant where I was a road patrol supervisor, and now I'm a detective.
MR. WATERS: And when did you become a detective?
DANIEL GREENE: Earlier last year. It would have been June of last year.
MR. WATERS: Back in June of 2021, what was your job at that particular time with the sheriff's department?
DANIEL GREENE: In June of 2021, I was a road patrol sergeant supervisor.
MR. WATERS: All right, and explain how that works. What's your exact role as a sergeant and a road patrol supervisor?
DANIEL GREENE: So for the most time, I'm assigned a team consisting of three or four deputies. It just depends, with -- including corporal as well as several other deputies. My job primarily is to supervise them in their 12 hour shift. We answer calls of service. Sometimes I'll go with other deputies to calls that require more than one officer to be present. The majority of my job is supervising what they do.
MR. WATERS: And during June of 2021, were you working day shift or night shift, or how did that work?
DANIEL GREENE: I was on night shift at that point.
MR. WATERS: And what are the hours of night shift generally?
DANIEL GREENE: So we swap every two months, so two months you would be on days, two months you'd be on nights. For those hours it's 6:00 a.m. to 6:00 p.m., or 6:00 p.m. to 6:00 a.m.
MR. WATERS: Okay, and I'm going to take you to the evening of June 7, 2021. Were you working on that particular evening?
DANIEL GREENE: I was.
MR. WATERS: And what shift were you working that day?
DANIEL GREENE: We were on night shift.
MR. WATERS: All right, and, again, so hours would that be?
DANIEL GREENE: Working from 6:00 p.m. to 6:00 a.m.
MR. WATERS: So, you went on duty on 6:00 p.m. Is that correct?
DANIEL GREENE: Correct.
MR. WATERS: Okay, and you said you're the sergeant. What was the -- do you have a squad that you're supervising that's on during that shift? Explain that to the jury if you would, please.
DANIEL GREENE: So, that shift consisted of myself, being the sergeant. I have a corporal and the two deputies working as well, and at that point I had a lieutenant who was my immediate supervisor who was working as well.
MR. WATERS: All right, and can you tell me who those people are, who your lieutenant was?
DANIEL GREENE: So, my corporal was Corporal Janicki, and the two deputies working with me were Deputy William Pruitt and Deputy Chad McDowell.
MR. WATERS: And the lieutenant was who?
DANIEL GREENE: Lieutenant Lonnie Nettles.
MR. WATERS: Did you, on the evening of June 7, 2021, get a call for service at 4147 Moselle Road?
DANIEL GREENE: I did.
MR. WATERS: Do you remember approximately what time that was?
DANIEL GREENE: It was later in the evening, several hours into my shift.
MR. WATERS: And did you ultimately respond to that location?
DANIEL GREENE: I did.
MR. WATERS: What was reported to you that led to the call for service from dispatch?
DANIEL GREENE: That there was a caller who stated he had found his wife and son shot.
MR. WATERS: Okay, and so tell me what happens then. You get that report. What did you do?
DANIEL GREENE: So, I get that call for service. I was going to immediately respond. In situations like that, we respond with lights and sirens to get there as fast and as quickly as possible.
MR. WATERS: You were driving fast to get there?
DANIEL GREENE: Yes.
MR. WATERS: Blue lights are on?
DANIEL GREENE: Lights were on, siren was on. It still took me close to 20 minutes to actually get to the scene from where I was.
MR. WATERS: Did you have to ask dispatch to clarify the address?
DANIEL GREENE: I did. Once I got out there, it's a very dark area, very rural area on Moselle Road. There were not a whole lot of residences in the area, and I did need clarification once I got out there to confirm the address. Then I located the address on the mailbox across the street from the driveway.
MR. WATERS: So, you saw the mailbox and the driveway you entered. Is that correct?
DANIEL GREENE: That's correct.
MR. WATERS: The driveway that you entered that had this mailbox, where did it ultimately lead? What structures were there as you pulled up to the scene?
DANIEL GREENE: As I pulled down the long driveway and we got to the end of it, there was a dog kennel area on the left, as well as a shed area on the right.
MR. WATERS: And that was the drive with the mailbox, correct?
DANIEL GREENE: That was.
MR. WATERS: Is this location where this scene was, was it in Colleton County?
DANIEL GREENE: It is.
MR. WATERS: Tell me just a little bit before we get into more specifics. What was the -- you said it was dark. What was the weather like? What was the conditions of the scene, or the weather and the scene like?
DANIEL GREENE: Quite normal for June around here. It was rather hot, humid. It had rained a little bit off and on that evening. It was not raining at the time that I actually responded to the scene.
MR. WATERS: Were you the first law enforcement officer, or first responder on the scene?
DANIEL GREENE: I was.
MR. WATERS: Were there others -- other first responders following close behind?
DANIEL GREENE: The additional first responder that was directly behind me worked for Colleton County Fire and Rescue; he pulled in almost the same time I did.
MR. WATERS: When you arrived on the scene, before we talk about, you know, what you actually experienced at the scene, what is your main job at a scene like this? What are you there to do as a first responder, the first officer on the scene?
DANIEL GREENE: So a major crime scene like that, my job is to get there, secure the scene. And what I mean by secure the scene is ensure that there are no individuals there that could potentially cause harm to additional first responders coming there or any witnesses or victims that are already on scene, preserving any evidence that might be there, and then wait for investigators to arrive to gather information from anybody else that is already on scene.
MR. WATERS: Okay. So, you're going to gather basic information, but your job is not to investigate it in great detail.
DANIEL GREENE: That's correct.
MR. WATERS: As you arrived at this scene, again, what had been reported to you by dispatch?
DANIEL GREENE: That a male caller had called and said he found his wife and son shot.
MR. WATERS: And from that report to you, about how long did it take you to ultimately make it on to the scene?
DANIEL GREENE: It was roughly about 20 minutes.
MR. WATERS: When you arrived on scene, were you -- you said one of the things you do is secure the scene. Were you at all concerned about any perpetrators still being there at that point in time?
DANIEL GREENE: When I arrived not necessarily just because he'd already been there for quite awhile whenever he called, and seemed the way the call had been made that he discovered them like that and that there was nobody else there other than him, the wife, and son.
MR. WATERS: So, you're the first officer on the scene but you're not thinking the perpetrators are still there. They just --
DANIEL GREENE: It's something to keep in the back of your mind but not necessarily at the forefront.
MR. WATERS: Okay. You didn't come in hot with guns drawn or anything like that.
MR. WATERS: When you arrived at the scene and you walked and got out of your car, what did you see?
DANIEL GREENE: So as soon as I got out of my vehicle, I was walking down the rest of the driveway, which was between the dog kennel and shed. As I -- I could see Mr. Murdaugh down at the end of the driveway. As I approached toward him, I could see the male victim laying on the ground to my left, as well as the female victim on the ground to my right. The male victim was close to a small shed and the dog kennel on the left; there was a large deal of blood that pooled around his body. Same thing for the female victim on the right, also a large amount of blood around the body.
MR. WATERS: As you approached them and first saw the male victim and the female victim, what was your assessment? Was there any possible signs of life from your --
DANIEL GREENE: My initial assessment was that there was not. There appeared to be a large amount of blood around each of them, as well as brain matter.
MR. WATERS: Did you ultimately have a conversation with Mr. Murdaugh when you arrived there?
DANIEL GREENE: I did.
MR. WATERS: And do you see him here in the courtroom here today, the person that you talked to?
DANIEL GREENE: I do.
MR. WATERS: And can you point him out to the jury, please?
DANIEL GREENE: Yes, sir. He's right there wearing a dark blue or black jacket.
MR. WATERS: Your Honor, can the record reflect that he's identified Mr. Murdaugh?
JUDGE NEWMAN: It does.
MR. WATERS: When you ultimately approached Mr. Murdaugh, what's the first thing that you did?
DANIEL GREENE: The first thing I did was ensure that he did not have any weapons on him. That's standard procedure for arriving on a scene like that. Any kind of weapons that are anywhere on the scene, I want to be aware of. I just like to know whether they're there or not, and if they are there, who has access to them or anything, just -- and that's for my safety as well as other responding officers, and for anyone else that's on scene.
MR. WATERS: All right. Did Mr. Murdaugh give you any possible explanation for this when you approached him?
DANIEL GREENE: His immediate reaction was to start telling me about an incident that had happened with his son with the boating accident.
MR. WATERS: With the boating accident?
DANIEL GREENE: Yes, sir.
MR. WATERS: Had you asked him anything about that?
DANIEL GREENE: I did not.
MR. WATERS: You ultimately -- were you wearing a body worn camera that particular day?
DANIEL GREENE: I was.
MR. WATERS: And you ultimately had a conversation with Mr. Murdaugh for an extended -- a fairly extended period of time. Is that correct?
DANIEL GREENE: That's correct.
MR. WATERS: Did you ever see any tears in your interactions with Mr. Murdaugh?
DANIEL GREENE: He did not appear to be crying. He was upset but I did not see any visible tears.
MR. WATERS: Did Mr. Murdaugh tell you that he had any sort of firearm?
DANIEL GREENE: He did. He stated that he had left from that scene, went to the residence, grabbed a shotgun from that residence, and then brought it back because he felt that he needed to have it just in case something else were to happen.
MR. WATERS: And he told you he had gone back to the residence after the finding the victims to get that gun.
DANIEL GREENE: He did.
MR. WATERS: What, if anything, did you do once he told you that he had gotten the gun?
DANIEL GREENE: First he pointed to where -- pointed out where the gun was. It was leaning in the vehicle that he was driving at the time. I could see that it was a camouflage shotgun. I spoke with him for a few more minutes, and just based off of how nervous he was acting and anxiousness and upset, I decided it was in everyone's best interest to get that shotgun secured in my vehicle so that no one else had access to it.
MR. WATERS: Okay. So, you put that shotgun in your vehicle. Is that correct?
DANIEL GREENE: I did.
MR. WATERS: What did you ultimately do with that shotgun? Did you later turn it over to additional law enforcement?
DANIEL GREENE: Yes. After it was secured in my vehicle, once SLED arrived on scene to do their further investigation, it was then turned over to SLED.
MR. WATERS: Bear with me one second.
(Break in proceedings.)
MR. HARPOOTLIAN: No objection.
MR. WATERS: Your Honor.
JUDGE NEWMAN: Yes, sir.
MR. WATERS: I have State's Exhibit 3. I believe -- I would move to admit into evidence without objection.
JUDGE NEWMAN: It's admitted without objection.
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 3 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: May I ask that we have the ELMO working, please?
(Break in proceedings.)
MR. WATERS: Judge, do you want to see it first? I believe it's admitted without objection. It's not a graphic picture.
JUDGE NEWMAN: Proceed.
MR. WATERS: Thank you, Your Honor. May I publish it to the jury?
JUDGE NEWMAN: Yes.
MR. WATERS: All right. I'm going to put this --
(Break in proceedings.)
MR. WATERS: I'm going to put what's been marked as State's Exhibit 3 up on the screen and see if I can get it the right way. All right. Can you see that?
DANIEL GREENE: I can.
MR. WATERS: You can? All right, and do you recognize the -- what's in that particular image?
DANIEL GREENE: I do.
MR. WATERS: All right, and tell me what that is, please.
DANIEL GREENE: That's the shotgun that I secured in my vehicle on the scene.
MR. WATERS: Okay.
(Break in proceedings.)
JUDGE NEWMAN: Proceed, Mr. Waters.
MR. WATERS: Yes, sir, Your Honor.
MR. WATERS: Sergeant Greene, I'm going to show you what's been marked as Exhibit 4 for identification at this time and see if you recognize this particular item.
DANIEL GREENE: Yes, sir. That would be the shotgun that I secured.
MR. WATERS: All right.
MR. WATERS: Your Honor, at this time we would move Exhibit 4 into evidence.
JUDGE NEWMAN: Any objection?
MR. HARPOOTLIAN: I'm sorry, Your Honor?
JUDGE NEWMAN: Any objection?
MR. HARPOOTLIAN: No, sir.
JUDGE NEWMAN: It's admitted.
(SHOTGUN MARKED AS STATE'S EXHIBIT NUMBER 4 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: May I have Sergeant Greene show this firearm to the jury?
JUDGE NEWMAN: Yes.
MR. WATERS: Be sure not to point it at anybody.
(Break in proceedings.)
MR. WATERS: All right. Sergeant Greene, I'm going to show you one other document before we move onto some other matters. All right.
MR. WATERS: All right. Your Honor, I believe I would move to admit State's Exhibit 2, without objection.
MR. HARPOOTLIAN: No objection, Your Honor.
JUDGE NEWMAN: It's admitted.
(CHAIN OF CUSTODY DOCUMENT MARKED AS STATE'S EXHIBIT NUMBER 2 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: All right, I'm going to show this exhibit to you real quick and see if you recognize this document.
DANIEL GREENE: Yes, sir. That would be the chain of custody for the shotgun.
MR. WATERS: All right. Is your signature on that document?
DANIEL GREENE: It is.
MR. WATERS: All right, and what does that chain document reflect? Can you just generally explain what this means to the jury, please?
DANIEL GREENE: That I originally took possession of that weapon and then turned it over to SLED investigators.
MR. WATERS: All right.
MR. WATERS: May I publish this exhibit, Your Honor?
JUDGE NEWMAN: Yes.
(Break in proceedings.)
MR. WATERS: So, up here it does say that there was a Benelli Super Black Eagle. Did you unload this particular shotgun?
DANIEL GREENE: I did not.
MR. WATERS: Okay, but you ultimately turned the shotgun in its loaded state over to the agent listed here. Is that correct?
DANIEL GREENE: I did.
MR. WATERS: Okay. Did you alter or change the weapon in any way between the time you took it and the time you took it over to SLED?
DANIEL GREENE: No, I didn't manipulate it in any way.
MR. HARPOOTLIAN: What number is that?
MR. HARPOOTLIAN: What?
MR. WATERS: Sergeant Greene, I'm going to show you what's been marked for identification at this time as State's Exhibit Number 1 and see if you recognize this.
DANIEL GREENE: Yes, sir, I do.
MR. WATERS: And can you tell the jury what this -- on this disc right here?
DANIEL GREENE: That would be the body camera footage from the incident.
MR. WATERS: On your arrival at Moselle Road and through your investigation until at some point you turned it off after it no longer needed to be on. Is that correct?
DANIEL GREENE: That is correct.
MR. WATERS: All right, Your Honor, at this time I would move to admit State's Exhibit Number 1.
MR. HARPOOTLIAN: Just one clarification. That is this officer's body cam, which is a camera that was mounted on his body. Is that correct?
DANIEL GREENE: That's correct.
MR. HARPOOTLIAN: No objection.
JUDGE NEWMAN: It's admitted.
(BODY CAM VIDEO MARKED AS STATE'S EXHIBIT NUMBER 1 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: Your Honor, permission to publish this exhibit to the jury.
JUDGE NEWMAN: Yes, sir.
MR. WATERS: Your Honor, I would point out there are graphic images on this, so everybody needs to cover their monitors, please.
(Break in proceedings.)
JUDGE NEWMAN: I trust the parties to control what is presented and published in accordance with the Court's order, the parties to police that yourselves.
MR. WATERS: Thank you, Your Honor.
MR. HARPOOTLIAN: Your Honor, we intend to cover the screen up when it gets to the graphic images and then uncovering it.
(The body cam video was played. Audio not transcribed.)
MR. WATERS: Sergeant Greene, this is your body cam video. Is that correct?
DANIEL GREENE: That's correct.
MR. WATERS: The first 15 minutes or so of this video, are you running code, running at full speed, or at least reasonable speed to get to the scene as fast as you can? Is that correct?
DANIEL GREENE: Yes, sir. My lights was and -- my lights and siren were activated so I could get there quickly.
MR. HARPOOTLIAN: No objection.
MR. WATERS: Your Honor, at this time I'm going to fast forward it until he arrives, I believe without objection from the defense.
MR. HARPOOTLIAN: Without objection, Your Honor.
(Break in proceedings.)
(The body cam video was played.)
MR. WATERS: It appears right here you were turning around and stopped. What was going on at that point in the video?
DANIEL GREENE: I had passed the driveway that was -- that I was supposed to turn down. Like I said, everything was kind of dark out there and it wasn't clearly indicated, so --
(The video continued to play.)
MR. WATERS: Is that the point where you noticed the mailbox with the correct number for 4147 Moselle?
DANIEL GREENE: It is.
MR. WATERS: And is that the incident location where you discovered the victims?
DANIEL GREENE: That's correct.
(The video continued to play.)
MR. WATERS: Right there to the left of the screen, what did you see right there?
DANIEL GREENE: To the left was Paul's body. He was laying facedown on the ground, a large pool of blood around him, as well as a great deal of water that was immediately around his body.
MR. WATERS: Was it -- that water, was it just around -- was it down the entire kennel concrete pad, or was it mostly just --
DANIEL GREENE: No. You could see walking down the kennel as I got out, the closer I got to Paul's body the more water there was.
MR. WATERS: Had it been raining enough at this point in time to wet the entire -- to cause that amount of --
MR. HARPOOTLIAN: Objection, Your Honor. Calls for speculation.
JUDGE NEWMAN: Objection is overruled.
MR. WATERS: Answer the question, please.
DANIEL GREENE: I don't recall if it had been raining a whole lot that evening, but given where the water was, it did not appear that rain had caused that.
JUDGE NEWMAN: And, ladies and gentlemen, when there is an objection, if I sustain the objection, you are to then disregard the question and any responses. If I overrule the objection, then you may consider the responses and the question is deemed appropriate. You may proceed.
MR. WATERS: Thank you, Your Honor.
(The video continued to play.)
MR. WATERS: What are we seeing to the right of this image?
DANIEL GREENE: So, on the right would be Maggie's body also laying facedown on the ground, a large pool of blood around the head.
MR. WATERS: And we see an individual standing. Who is that?
DANIEL GREENE: The individual standing in the background would be Mr. Murdaugh.
MR. WATERS: The person you previously identified in this courtroom?
DANIEL GREENE: That's correct.
(The video continued to play.)
MR. WATERS: Just to be clear, this location that you're standing right now is in Colleton County. Is that correct?
DANIEL GREENE: It is, yes.
(The video continued to play.)
MR. WATERS: I noticed you shined your flashlight just a few seconds ago on the black vehicle. What did you shine your flashlight on just then?
DANIEL GREENE: You can see the shotgun leaning up against the side of that vehicle.
MR. WATERS: Were the flashers on on the vehicle right there in the image? Do you recall?
DANIEL GREENE: I believe so, yes.
(The video continued to play.)
MR. WATERS: Was that when you previously testified that he mentioned the boat case, or the boat wreck?
DANIEL GREENE: That's correct. Prior to me asking him anything about it, he did mention it.
(The video continued to play.)
MR. WATERS: Right before that discussion, did Mr. Murdaugh offer to go on his phone and check times?
DANIEL GREENE: He did. He wanted to verify exactly the timing of his arrival.
(The video continued to play.)
MR. WATERS: I see you putting something on your hands. What are you doing right there?
DANIEL GREENE: Those are just gloves so -- I put on my hands to limit the contamination of any evidence.
MR. WATERS: You put those on before you handled the firearm. Is that correct?
DANIEL GREENE: Yes.
(The video continued to play.)
MR. WATERS: What are you doing right now?
DANIEL GREENE: At this point I'm walking back to my vehicle to secure that shotgun inside of my vehicle.
(The video continued to play.)
MR. WATERS: You can actually see you holding it to the left of the screen. Is that correct?
DANIEL GREENE: That's correct. That's me holding the barrel of that shotgun.
MR. WATERS: Explain to us real quick the body worn camera. Where is that located, and where are these images coming from?
DANIEL GREENE: I would have put it -- I generally put it right here on my chest, dead center of my chest.
MR. WATERS: And how is it activated and how is it turned on? Can you explain that to the jury?
DANIEL GREENE: So, most of these cameras are activated in the patrol vehicles that deputies on patrol have. They're activated whenever you activate your blue lights. So, as soon as I turned my blue lights on, it activates my dash camera, as well as my body worn camera.
MR. WATERS: And then how do you ultimately turn it off?
DANIEL GREENE: It's got a button on the front of it that you can press that did not originally activate it. You would press that button to turn it on to start the recording, and then whenever you're done recording you press that same button to stop the recording.
MR. WATERS: In this particular instance, how did it get activated? Was it when you turned on your blue lights and you run code to the scene?
DANIEL GREENE: That's correct. It was activated with my blue lights.
MR. WATERS: And I've used the term run code. Do you know what that means?
DANIEL GREENE: Yes.
MR. WATERS: And can you explain that to the jury?
DANIEL GREENE: Sure. Running code is a term when you turn your lights on as well as siren to get wherever you need to get fast.
MR. WATERS: When you're moving quickly to respond to an emergency situation?
DANIEL GREENE: That's correct.
(The video continued to play.)
MR. WATERS: Right there you laid the shotgun inside your vehicle. Is that correct?
DANIEL GREENE: That's correct. I laid it in front of the passenger seat in the front.
MR. WATERS: Did it remain there until it was turned over to SLED?
DANIEL GREENE: It did.
(The video continued to play.)
MR. WATERS: To the left of the screen, again, that's where the -- Paul was. Is that correct?
DANIEL GREENE: That's correct, that's Paul laying there.
MR. WATERS: And is that where you saw the water --
DANIEL GREENE: It is.
MR. WATERS: -- that you described earlier?
DANIEL GREENE: It is.
(The video continued to play.)
MR. WATERS: What was Mr. Murdaugh doing at this particular time?
DANIEL GREENE: He is on the phone pacing around talking to someone, I'm not sure who he was talking to at that point.
MR. WATERS: Okay. Did he ask you to confirm if they were dead?
DANIEL GREENE: He did. He asked multiple times while I was on scene.
MR. WATERS: Did you ever see him -- any tears, any physical tears?
DANIEL GREENE: I did not.
MR. WATERS: Did you ever see him approach the bodies?
DANIEL GREENE: I did not see him approach them, no.
MR. WATERS: Did you observe any visible blood on him?
DANIEL GREENE: There was no blood on him that I could see.
MR. WATERS: The bodies as you saw them, were -- was there a lot of blood around them due to the injuries they had suffered?
DANIEL GREENE: Yes. There was a pool of blood around each of the bodies that extended out from the body.
(The video continued to play.)
MR. WATERS: When you observed these victims, was it obvious that they had injuries not compatible with life?
DANIEL GREENE: Yes. Any reasonable person that came upon those bodies would have come to the conclusion they were deceased.
(The video continued to play.)
MR. WATERS: Pause it right there.
MR. WATERS: What did the defendant just say? Let me back it up.
(The video continued to play.)
MR. WATERS: What did the defendant say right there?
DANIEL GREENE: So, I'm in the process of gathering information about the two victims from Mr. Murdaugh. Somebody walks by behind me and he pauses what he's telling me to say hey, how you doing.
MR. WATERS: How you doing?
DANIEL GREENE: Yeah.
MR. WATERS: And who was that he said that to?
DANIEL GREENE: I'm not 100 percent certain. I believe he's a fire and rescue individual.
(The video continued to play.)
MR. WATERS: Let me ask you this. In your interactions with Mr. Murdaugh, was he able to understand your questions and respond appropriately to what you were asking?
DANIEL GREENE: Yes.
MR. WATERS: Was he catatonic in any way?
DANIEL GREENE: No. He was able to answer all of the questions that I asked him.
MR. WATERS: Was he panicking in any way?
DANIEL GREENE: He seemed upset but I wouldn't say panicky.
MR. WATERS: Did you notice any labored breathing or anything like that from Mr. Murdaugh?
DANIEL GREENE: Yeah, he was breathing heavily. Never once did he complain about it to any of the fire and rescue guys out there; he didn't ask for any kind of medical attention or anything like that due to not being able to breath.
(The video continued to play.)
MR. WATERS: Who is that individual right there?
DANIEL GREENE: I'm not sure of his name. I just know he works for Colleton County Fire and Rescue.
MR. HARPOOTLIAN: I'm sorry, you said he worked for who?
DANIEL GREENE: Colleton County Fire and Rescue.
MR. HARPOOTLIAN: Okay.
(The video continued to play.)
MR. WATERS: In the background in the center of the screen, it looks like somebody is doing something with some yellow tape. Can you explain what that is to the jury, please?
DANIEL GREENE: That's correct. That's is Deputy Pruitt, one of the deputies that I supervise. I instructed them to put up crime scene tape to include that vehicle just to -- we put up crime scene tape to try to keep people out of the immediate crime scene area, preserving possible evidence that's there.
MR. WATERS: At this point in time, did you notice any evidence of firearms such as casings or spent shells or anything like that?
DANIEL GREENE: Yeah. As I was walking through, you can't necessary see it on my body camera, but as I was walking through, I could see shell casings particularly around Maggie's body.
MR. WATERS: And a shell casing, would they be for, like, a rifle round or a pistol round?
DANIEL GREENE: They appeared to be rifle rounds.
MR. WATERS: And could you tell just from walking by what type of ammunition at that point in time?
DANIEL GREENE: I couldn't tell what type. I could tell they appeared to be rifle. That's about it.
MR. WATERS: And, again, you weren't stopping to collect those. You were managing the scene as instructed.
DANIEL GREENE: That's correct.
(The video continued to play.)
MR. WATERS: What are you shining your light on right there?
DANIEL GREENE: So, there in the background behind where Mr. Murdaugh is standing, you can see several sets of tire tracks. The grass was really wet that night, so those tracks appeared to be really fresh. It caught my eye.
MR. WATERS: And why did it catch your eye?
DANIEL GREENE: It just seemed odd that there -- it appeared to be that many sets of tire tracks, since he said he pulled up, went to the house and came back. It just appeared that there were more than just that.
MR. WATERS: Appeared that there were more tracks than just that.
DANIEL GREENE: That's correct.
(The video continued to play.)
MR. WATERS: Whose vehicle are you approaching right now?
DANIEL GREENE: That was the vehicle that Mr. Murdaugh said that he approached that scene in.
MR. WATERS: Is that a black Suburban, to your recollection?
DANIEL GREENE: It is.
(The video continued to play.)
MR. WATERS: Right there, that would be Maggie's body right in front of that shed. Is that correct?
DANIEL GREENE: That's correct. It was covered up by a sheet at this point.
(The video continued to play.)
MR. WATERS: Who is that standing way off in the distance there?
DANIEL GREENE: That would be Mr. Murdaugh.
MR. WATERS: Where did he spend the majority of his time while you were there after your initial interaction with him?
DANIEL GREENE: From this point on, his general time was spent in the area where he is currently standing.
MR. WATERS: Pretty far away from the scene?
DANIEL GREENE: That's correct.
(The video continued to play.)
MR. WATERS: What was occurring right there?
DANIEL GREENE: What was occurring right there?
MR. WATERS: Yeah.
DANIEL GREENE: So, both of those deputies are -- Deputy Pruitt would be on the left, and Deputy McDowell would be on the right. Deputy McDowell was taking small pieces of crime scene tape and just setting them by the shell casings, I believe. As road patrol officers, we don't generally have those little placards that you will a lot of times see in crime scene photos. But to prevent somebody from accidentally stepping on them due to it being so dark out there, we tend to take something small like a piece of paper, a piece of crime scene tape, set it next to it just to indicate it a little better.
MR. WATERS: Again, part of the job of a first responder is to sort of protect the scene until the crime scene investigators get there.
DANIEL GREENE: That's correct.
MR. WATERS: Both of these individuals, were you supervising them that night?
DANIEL GREENE: I was, yes.
(The video continued to play.)
MR. WATERS: Looking at this perspective right here, to the left of scene is whose body?
DANIEL GREENE: To the left right there in the forefront would be Maggie, and the further back you can also see where Paul is laying.
MR. WATERS: Was Paul next to or in the kennel area?
DANIEL GREENE: Yes.
(The video continued to play.)
MR. WATERS: Did you know this family prior to this?
DANIEL GREENE: I did not.
(The video continued to play.)
MR. WATERS: Who is Evo?
DANIEL GREENE: Evo would be Deputy McDowell's K-9.
(The video continued to play.)
MR. WATERS: Who is that approaching right now?
DANIEL GREENE: That would be my immediate supervisor at the time, Lieutenant Lonnie Nettles.
(The video continued to play.)
MR. WATERS: Just then were you describing the boat wreck?
DANIEL GREENE: Yes. It had been in the local news previously, so --
MR. WATERS: It was your understanding that Paul was involved in that?
DANIEL GREENE: In some way. I had no idea about the actual details of the case to know what his involvement was.
(The video continued to play.)
MR. WATERS: That dispatch call, was that related to the case in any way?
DANIEL GREENE: I don't believe it was. I don't remember what that phone call ended up being about. As the supervisor, if a lot of us are tied up at one time, they will tend to give me a phone call to let me know that a certain call is pending or something else is going on. Just to help keep the radio traffic free, they'll call me on my cell phone instead.
MR. WATERS: Did your entire squad respond to this particular call, or did somebody --
DANIEL GREENE: There was one deputy that remained in service.
MR. WATERS: Remained out -- did not respond here but remained on the road?
DANIEL GREENE: Correct.
(The video continued to play.)
MR. WATERS: Who is that individual right there in the center of the screen?
DANIEL GREENE: To the right, Detective -- to the right?
MR. WATERS: Yes.
DANIEL GREENE: That would be Deputy Pruitt.
MR. WATERS: And what did you just ask him to do?
DANIEL GREENE: Start a crime scene log.
MR. WATERS: And tell the jury what that is.
DANIEL GREENE: So, a crime scene log is established. As soon as additional people start to arrive on scene, we document exactly who comes into the actual crime scene, as well as the exact time that they come into the crime scene.
(The video continued to play.)
MR. WATERS: What were you doing right here with the tape?
DANIEL GREENE: I'm securing it to the corner of that part of the shed to run it along to the -- a shed on the opposite side of that area. We expanded the crime scene out a little bit further.
MR. WATERS: To protect a larger area?
DANIEL GREENE: Yes.
JUDGE NEWMAN: Just a moment. Either you'll need to speak more directly into the mic. Or can you increase the volume, Madame Clerk, of his -- of that mic just a little?
MR. WATERS: One that's working or --
JUDGE NEWMAN: I'm referring to the witness.
MR. WATERS: Oh, sorry.
JUDGE NEWMAN: Increase his volume.
COURT CLERK: If he can just speak -- pull it up to you a little more. That should help.
JUDGE NEWMAN: All right. Thank you. Proceed.
MR. WATERS: I usually don't have a problem with being too quiet, but speak up for us, if you will. All right, so you're securing the crime scene tape. Let's proceed.
(The video continued to play.)
MR. WATERS: We've heard on this video the term Whiskey Mike. Can you tell me what that term refers to?
DANIEL GREENE: Yeah. When we say Whiskey Mike, we're referring to a white male. Whiskey Fox, or Whiskey Foxtrot, would be a white female.
MR. WATERS: And in the context of this particular scene, who is the Whiskey Mike and who's the Whiskey Fox? Or Whiskey Foxtrot?
DANIEL GREENE: As I was approaching, you did hear me say to dispatch on the radio that there was a Whiskey Mike, and Whiskey Mike referring to Paul, Whiskey Fox referring to Maggie.
(The video continued to play.)
MR. WATERS: To the very right of the screen -- well, strike that. I'll wait.
(The video continued to play.)
MR. WATERS: Those individuals standing right there, do you recognize those individuals?
DANIEL GREENE: I do.
MR. WATERS: Can you tell us who they are?
DANIEL GREENE: On the far left would be Detective Tindal. In the forefront, or the center, would be Captain Chapman. And on the other side of him would, in the lighter colored shirt and the black vest, would be Barry McRoy. Worked for fire and rescue.
(The video continued to play.)
MR. WATERS: Did the sheriff respond to this particular incident, to your recollection?
DANIEL GREENE: Yes, he did.
MR. WATERS: But as far as who was the senior officer actually working the scene at this point in time until SLED arrives, who was it at that point?
DANIEL GREENE: That would be Captain Chapman.
MR. WATERS: Captain Chapman?
DANIEL GREENE: That's correct.
(The video continued to play.)
MR. WATERS: Let me ask you this. Before, you'd referred to a brother arriving. Is that correct?
DANIEL GREENE: Yes.
MR. WATERS: And was that brother, was he allowed to talk to Alex and go over to Alex?
DANIEL GREENE: I believe he did. I don't recall. I never actually interacted with him.
MR. WATERS: And in this discussion right here with Deputy Pruitt, what was going on right there?
DANIEL GREENE: So, there was someone that had arrived on scene and wanted to go and speak with Mr. Murdaugh. I told him to just wait off -- wait a minute on allowing him over there so we could determine the best way to allow them to talk simply because the crime scene was so large. We did not want to contaminate anything that didn't need to be.
MR. WATERS: Okay. To your knowledge, was that individual, whoever it was, allowed to interact with Mr. Murdaugh?
DANIEL GREENE: I believe so. He was eventually, yes.
MR. WATERS: People that arrived were allowed to go see Mr. Murdaugh. Is that correct?
DANIEL GREENE: That's correct.
MR. WATERS: He was not in custody at any time. Is that correct?
(The video continued to play.)
MR. WATERS: What are you doing on the computer right there? Do you recall?
DANIEL GREENE: Yes. So, on those computers that are mounted in our patrol vehicles, we can see details of the call for service or other calls for service. In this case, I was looking at the information for the incident on Moselle to determine what units had been dispatched, what units arrived, and when they arrived due to Deputy Pruitt trying to establish the crime scene log.
MR. WATERS: And you use the term call for service, which is a police term, but that essentially means responding to any emergency or --
DANIEL GREENE: Any type of call. Any citizen that would call our dispatch center to request law enforcement assistance or fire and rescue assistance is call -- we refer to it as a call for service.
(The video continued to play.)
MR. WATERS: You say you came onto the scene at 2226?
DANIEL GREENE: That is correct.
MR. WATERS: For those of us who don't know military time, can you tell us what that is?
DANIEL GREENE: That would be 10:26 p.m.
MR. WATERS: That's June 7, 2021?
DANIEL GREENE: That's correct.
(The video continued to play.)
MR. WATERS: Had it started to rain more at this point?
DANIEL GREENE: Yes. It had started raining at this point, yes.
(The video continued to play.)
MR. WATERS: Those numbers that you're referring to, what do those represent?
DANIEL GREENE: So, the numbers would be the badge numbers of individuals on scene.
MR. WATERS: You were just recording when various people arrived in the computer?
DANIEL GREENE: They're recorded in the computer. So, when we arrived on scene, we let dispatch know our number and that we're on the scene. They log it into the computer, and then we can put it on our crime scene log.
(The video continued to play.)
MR. WATERS: That individual walking off to the left of the scene, who was that?
DANIEL GREENE: The one walking away from the screen or that just approached?
MR. WATERS: Walking away.
DANIEL GREENE: That was Deputy McDowell.
MR. WATERS: All right, and then the center of the screen, who was that?
DANIEL GREENE: The one that just walked and is in the center screen now would be Captain Crouse.
MR. WATERS: All right, and then next to him, facing the body camera?
DANIEL GREENE: That would be Captain Chapman.
MR. WATERS: All right, and then to the far right.
DANIEL GREENE: Detective Tindal.
(The video continued to play.)
MR. WATERS: Were there dogs in those kennels, to your recollection?
DANIEL GREENE: There were a couple of dogs. I don't remember the exact number, but I do remember seeing some.
(The video continued to play.)
MR. WATERS: That discussion right there, did that have anything to do with the crime scene or anything like that?
DANIEL GREENE: No, it was not related.
(The video continued to play.)
MR. WATERS: What did you just put on your hands there?
DANIEL GREENE: Those would be latex gloves.
MR. WATERS: And the gloves that you put on that you described earlier to the jury, what were those gloves?
DANIEL GREENE: Those were more tactical gloves. They're not necessarily ideal for handling any kind of evidence, but due to me already being out there next to the shotgun, I did not have any latex gloves on my person, so I used what was available.
MR. WATERS: And why are you putting on latex gloves right now?
DANIEL GREENE: They were wanting to look under the sheet where Paul is, so just to prevent any contamination of any possible evidence at all, we just always put gloves on.
(The video continued to play.)
MR. WATERS: What was that discussion about right there?
DANIEL GREENE: So, the whole purpose for even trying to look up under him was to see if there was an additional firearm on scene already possibly under Paul. There was 300 Blackout casings found near Maggie. They were trying to determine if there was possibly a 300 Blackout rifle under Paul.
MR. WATERS: Why were y'all concerned that there may be one under Paul?
DANIEL GREENE: We're just trying to rule it out as a possibility.
MR. WATERS: And what was that possibility?
DANIEL GREENE: That he could have shot Maggie.
MR. WATERS: And then did what?
DANIEL GREENE: Shot himself.
MR. WATERS: Were you looking to see if there was a gun underneath if he'd shot himself and then fallen on top of it?
DANIEL GREENE: That is correct.
(The video continued to play.)
MR. WATERS: Did you see a phone near Paul when you arrived on the scene?
DANIEL GREENE: Yes. There was a phone laying on top of him near his back pockets of his shorts.
MR. WATERS: Let back it up just a little bit. Is that it right down there at the bottom?
DANIEL GREENE: That's it.
(The video continued to play.)
MR. WATERS: Right to the left of the screen, there appears to be -- what does that appear to be to the very left of the screen?
DANIEL GREENE: There is some dog crates over there. On top of one of the dog crates is actually a dead chicken.
MR. WATERS: Say that again. I'm sorry.
DANIEL GREENE: A dead chicken.
MR. WATERS: Okay.
DANIEL GREENE: On the far left-hand side of the screen.
MR. WATERS: Could you --
MR. WATERS: Your Honor, with your permission?
MR. WATERS: Could you step down to the screen and point what you're talking about to the jury?
JUDGE NEWMAN: You may.
DANIEL GREENE: It's difficult to see, but right here on top of that small dog crate is a -- what appears to be a dead chicken.
MR. WATERS: Do it again, please.
DANIEL GREENE: This area right here.
MR. WATERS: Okay. Thank you.
(The video continued to play.)
MR. WATERS: Is that it that your light is on right there?
DANIEL GREENE: That's correct. That's when I was really noticing the chicken.
(The video continued to play.)
MR. WATERS: Court's indulgence one moment, Your Honor.
JUDGE NEWMAN: Ladies and gentlemen, let's stand for a moment.
(Break in proceedings.)
JUDGE NEWMAN: All right, we'll be seated. You may proceed.
MR. WATERS: Thank you, Your Honor. That is the extent of the video that the State would publish at this time, Your Honor.
MR. WATERS: Let me ask you a few other questions, if I could. Deputy -- excuse me, Sergeant Greene, I'm going to show you what's been marked as Exhibit Number 5 to your testimony and see if you recognize this image.
DANIEL GREENE: Yes, sir. That would be an image from my body camera when I was looking at the tire tracks in the grass.
MR. WATERS: Your Honor, at this time I would move to admit State's Exhibit Number 5, I believe without objection.
JUDGE NEWMAN: Any objection to State's Exhibit Number 5?
MR. HARPOOTLIAN: No objection. I'm sorry, Your Honor.
JUDGE NEWMAN: It's admitted without objection.
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 5 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: May I publish it, Your Honor?
JUDGE NEWMAN: Yes. You may publish any exhibit that has been admitted.
MR. WATERS: Thank you, Your Honor.
MR. WATERS: All right. It's up on the screen but not great. Who is that person in the image right there?
DANIEL GREENE: That would be Mr. Murdaugh.
MR. WATERS: All right, and then just kind of in this area -- it's more clear on the video, but that would be the tire tracks you described earlier?
DANIEL GREENE: Yes. Where I'm shining my flashlight at that point is where the tire tracks were.
MR. WATERS: We cut the video off after playing sort of the relevant parts, but what did you do for the remainder of this scene as the evening continued?
DANIEL GREENE: The remaining part of my role would have just been making sure that the crime scene stayed secure and people stayed out of where they weren't supposed to be. Investigators were handling the remainder of the investigation.
MR. WATERS: Did eventually anyone from SLED, the State Law Enforcement Division, show up?
DANIEL GREENE: They did. I don't believe that would have been captured on my body cam, but they did, yes.
MR. WATERS: At some point, did you elect to turn your body camera off?
DANIEL GREENE: I did. I cleared it with my supervisor, Captain Crouse, to be sure that I would not be needed for any additional investigative purposes, talking to Mr. Murdaugh or handling any additional evidence, and once that was okayed, I turned it off.
MR. WATERS: And that was consistent with standard police procedures and practices when you turn a body camera off?
DANIEL GREENE: That's correct.
MR. WATERS: You just didn't decide to do it willy-nilly?
DANIEL GREENE: That's correct.
MR. WATERS: At what point just roughly do you remember did you clear the scene and leave the scene?
DANIEL GREENE: I don't think I left the scene until several hours later.
MR. WATERS: Were you still there when SLED crime scene arrived?
DANIEL GREENE: Yes.
MR. WATERS: Did you remain the entire time they were there, or did you leave at some point?
DANIEL GREENE: I would have left prior to the end of my shift. I couldn't tell you the exact time that it was, but I -- there were multiple units, including SLED and Colleton County investigators, still on scene when I left.
MR. WATERS: Court's indulgence one moment.
(Break in proceedings.)
MR. WATERS: That's all of the questions I have of this witness, Your Honor.
JUDGE NEWMAN: Cross-examination.
MR. HARPOOTLIAN: Your Honor, it's going to take a minute to set up some of the audio and visual stuff.
JUDGE NEWMAN: All right. Ladies and gentlemen, we'll take a break at this time. Please go to the jury room. Please do not discuss the case.
(The jury left the courtroom.)
(A break was taken.)
JUDGE NEWMAN: You may bring the jury.
(The jury returned to the courtroom.)
JUDGE NEWMAN: You may proceed.
MR. HARPOOTLIAN: Please the Court, Your Honor?
CROSS-EXAMINATION
BY MR. HARPOOTLIAN:
MR. HARPOOTLIAN: Deputy Greene, for my edification, I'm curious. I've called over several weeks and left you voicemails for you to call me back, have I not?
DANIEL GREENE: I haven't received any voicemails.
MR. HARPOOTLIAN: You don't check your voice mails?
DANIEL GREENE: Did you call my cell phone?
MR. HARPOOTLIAN: No. I called your office. I don't have your cell.
DANIEL GREENE: Okay. It's possible they sent you to the wrong one. I don't know.
MR. HARPOOTLIAN: But you've spent an extensive amount of time talking to Mr. Waters about your testimony, have you not?
DANIEL GREENE: I have spoke with him a few times, yes.
MR. HARPOOTLIAN: How many?
DANIEL GREENE: Three or four maybe at least.
MR. HARPOOTLIAN: And has he reviewed with you the points he was trying to make?
DANIEL GREENE: We've discussed the body camera footage extensively.
MR. HARPOOTLIAN: Right. Let me go to a specific piece of the video.
(Break in proceedings.)
MR. HARPOOTLIAN: And I apologize, Your Honor. The cable situation requires me to have my AV guy come up and work on their -- Have you got that list?
MR. HARPOOTLIAN: So as he's preparing this, you indicated -- you were asked by Mr. Waters -- you said there was water on the ground, right? It had been raining and you saw water, right?
DANIEL GREENE: That's correct.
MR. HARPOOTLIAN: And as I understand it, and we're going to look at the video in just a minute, that water was primarily, at least what we see in your video, on the concrete area around the dog pens, correct?
DANIEL GREENE: That's what it appeared, yes.
MR. HARPOOTLIAN: Okay.
MR. HARPOOTLIAN: And let's go to that first clip.
(The video of body worn camera resumed play.)
MR. HARPOOTLIAN: I'm sorry, Your Honor. This technology is difficult.
MR. WATERS: Glad to help.
MR. HARPOOTLIAN: What was that?
MR. WATERS: Glad to help.
(The video continued to play.)
MR. HARPOOTLIAN: Go ahead a little bit further.
(The video continued to play.)
MR. HARPOOTLIAN: Okay. Back it up just a little bit, please. Just back it up. Okay. Yeah, let's start right there. And I may have you stop in just a second.
(The video continued to play.)
MR. HARPOOTLIAN: Okay. Now stop it.
MR. HARPOOTLIAN: Now, you're walking down in front of the dog pens. Is this the water you're referring to?
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: And do you have dogs?
DANIEL GREENE: I have one dog.
MR. HARPOOTLIAN: You don't keep it in a pen?
DANIEL GREENE: No. He stays in the house.
MR. HARPOOTLIAN: Okay, but if you had hunting dogs and you had this line of -- how many pens do you think there were?
DANIEL GREENE: I honestly couldn't tell you. There's a lot.
MR. HARPOOTLIAN: Eight, nine, ten?
DANIEL GREENE: Sure.
MR. HARPOOTLIAN: And are you familiar with the concept of washing a pen out after a dog defecates in the pen?
DANIEL GREENE: I've never personally done it, but I'm sure that's what you would do to clean out a pen.
MR. HARPOOTLIAN: Okay, and isn't it -- I mean, there's water inside the pens and outside the pens, correct?
DANIEL GREENE: That's what it looks like.
MR. HARPOOTLIAN: Okay.
MR. HARPOOTLIAN: Go ahead.
(The video continued to play.)
MR. HARPOOTLIAN: Okay. Go to the next one, please.
(The video continued to play.)
MR. HARPOOTLIAN: I apologize, Your Honor.
(The video continued to play.)
MR. HARPOOTLIAN: And, again, we're looking at the dog pens, and the water appears to be outside the pen on the concrete.
MR. WATERS: Your Honor, I would object. I think that the video needs to be stopped when counsel asks a question and for the witness to respond.
JUDGE NEWMAN: You're posing a question while playing a video.
MR. HARPOOTLIAN: I'm sorry, Your Honor.
JUDGE NEWMAN: Or making a statement while playing a video.
MR. HARPOOTLIAN: I'm sorry. The technology, again, is beyond my experience.
MR. HARPOOTLIAN: Okay. So, again, this shows the same area. It shows water on the concrete outside these dog pens, correct?
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: Okay.
MR. HARPOOTLIAN: Go to the next one, please.
(The video continued to play.)
MR. HARPOOTLIAN: Okay. So, again, this shows -- and actually there was a light shining and you see a couple of dogs, so those pens are occupied by dogs. There's water outside the pen and inside the pen as if somebody had attempted to wash something out of the pens, correct?
DANIEL GREENE: There is water both inside and outside of the pen, yes.
MR. HARPOOTLIAN: Okay.
MR. HARPOOTLIAN: Have we got one more? So, I want you to go to the transcript. Do you need to switch equipment to do that?
(Break in proceedings.)
MR. HARPOOTLIAN: Again, I apologize again, Your Honor, but the technology is a little complicated.
(Break in proceedings.)
MR. HARPOOTLIAN: Okay. So, let's proceed on to see if I can clarify a couple of matters. Let's talk about this shotgun. You -- this is the shotgun that Mr. Murdaugh was carrying for -- or had leaning up against the car when you got there. Is that correct?
DANIEL GREENE: It was leaning up against that vehicle, yes.
MR. HARPOOTLIAN: Okay, and according to what you testified to just a moment ago, these are the shells -- I mean, the chain of custody on the shotgun and the shells, they went together?
DANIEL GREENE: Whenever I released the shotgun to the SLED agent who took possession of it, I was unaware of any shells that may have been inside of it at the time that it was handed over. That was what was discovered inside the gun is my understanding.
MR. HARPOOTLIAN: Okay.
MR. HARPOOTLIAN: Where is that chain of evidence document that was introduced? Okay.
MR. HARPOOTLIAN: Would you publish this to the jury, please?
DANIEL GREENE: You would like me to read it?
MR. HARPOOTLIAN: Yes, please.
DANIEL GREENE: The camo Benelli Super Black Eagle 3 12 gauge shotgun, serial number U573210E17. One unfired shotshell 12 gauge Federal. One unfired shotshell, Winchester 16 gauge.
MR. HARPOOTLIAN: Okay. So, there's a 12 gauge shell and a 16 gauge shell.
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: 12 gauge shotgun.
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: This may be way beyond your experience, but can you fire a 16 gauge shotgun shell from a 12 gauge shotgun?
DANIEL GREENE: I wouldn't recommend trying it.
MR. HARPOOTLIAN: You would recommend what?
DANIEL GREENE: I would not recommend trying it. I don't know that it would actually work or not.
MR. HARPOOTLIAN: Could it result in damage to the person trying to fire the shotgun?
DANIEL GREENE: More than likely.
MR. WATERS: Your Honor, I would object. He's already said he doesn't know the answer to that.
JUDGE NEWMAN: The objection is overruled.
MR. HARPOOTLIAN: Thank you.
MR. HARPOOTLIAN: So, you would not -- you could actually harm yourself. It could blow up if you pulled the trigger on a 16 gauge in a 12 gauge shotgun.
DANIEL GREENE: I have never tried it nor seen it tried, so I don't know.
MR. HARPOOTLIAN: And the reason you don't do that is because you could have harm -- personal harm from doing it, right?
DANIEL GREENE: It's possible.
MR. HARPOOTLIAN: So this shotgun, according to the chain of evidence you've just read, has a 16 gauge and a 12 gauge in it.
DANIEL GREENE: Correct.
MR. HARPOOTLIAN: And it was leaning up against the car?
DANIEL GREENE: It was. The shotgun was.
MR. HARPOOTLIAN: Now, I'm sort of interested as to -- let me get that back.
DANIEL GREENE: Sure.
MR. HARPOOTLIAN: I'm sort of interested as to why -- well, let me just cut to the chase on this. There's discussions on this tape, or maybe others, that there was a theory that Paul had shot his mother and then shot himself, is that correct, out on the scene?
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: She had been shot multiple times and he had been shot with a shotgun. At least one of the shots y'all believe was upward, and that's why his brains were all over the ceiling.
DANIEL GREENE: That part I don't know; I wasn't involved in that part.
MR. HARPOOTLIAN: Well, y'all were discussing it at the scene.
DANIEL GREENE: I did not discuss anything being shot upward. I don't recall saying that.
MR. HARPOOTLIAN: Did you hear discussions to that -- of your fellow officers?
DANIEL GREENE: Of a shot being fired upward?
MR. HARPOOTLIAN: Yeah.
DANIEL GREENE: That's what it looked like they were saying, yes.
MR. HARPOOTLIAN: Okay, and then further I think y'all -- in front of you, one of the officers saying his brains are on the ceiling. There's blood all over the place. Correct?
DANIEL GREENE: I don't recall them saying brain was upward. I don't recall.
MR. HARPOOTLIAN: Okay, and further you, as you're discussing this with them, indicate -- let me make sure I get this correct. You indicate there are multiple -- or someone indicates to you there were multiple Blackout rounds around Maggie's body in the vicinity, correct?
DANIEL GREENE: Not rounds but shell casings.
MR. HARPOOTLIAN: I'm sorry, shell casings. Now, let me ask you this. When you got there, didn't the fire chief, the fire department arrive before you did?
DANIEL GREENE: No, sir. I was first on scene.
MR. HARPOOTLIAN: Okay. Did they arrive while you were there?
DANIEL GREENE: The -- one of fire rescue workers, I believe it was Barry McCoy, did.
MR. HARPOOTLIAN: And when you got there, we hear an unidentified person, and in your notes you indicated it was the fire chief, I believe, that indicated to you -- pointed out to you tire tracks and you went over and looked at those tire tracks, and there were multiple tire tracks coming and going, correct?
DANIEL GREENE: I don't know that someone indicated them to me. I believe I just saw them.
MR. HARPOOTLIAN: Okay, and what did you do to preserve those?
DANIEL GREENE: The tire tracks?
MR. HARPOOTLIAN: Yes.
DANIEL GREENE: Nothing.
MR. HARPOOTLIAN: And you certainly are not an expert in tire tracks.
DANIEL GREENE: I'm not.
MR. HARPOOTLIAN: So, you couldn't tell whether it was multiple vehicles or one vehicle.
MR. HARPOOTLIAN: And it may have been multiple vehicles.
DANIEL GREENE: May have been.
MR. HARPOOTLIAN: Did you take pictures of the tracks?
DANIEL GREENE: I did not take any pictures of the scene.
MR. HARPOOTLIAN: Did you instruct anyone to take pictures of the tracks?
DANIEL GREENE: No, sir, that's not my job.
MR. HARPOOTLIAN: When SLED arrived, did you tell them about the tracks?
DANIEL GREENE: No, sir, not my job.
MR. HARPOOTLIAN: Do you regret not doing that?
DANIEL GREENE: It's not part of my job description.
MR. HARPOOTLIAN: So, it wasn't your job to even tell them there were multiple tire tracks?
DANIEL GREENE: If it had come up, if I had been asked, yes.
MR. HARPOOTLIAN: And in addition to that, since they were not secured in any way, multiple vehicles, law enforcement vehicles and others, drove over those tracks.
DANIEL GREENE: That's possible. I wasn't over there the whole time to know what kind of vehicles were driving in the area.
MR. HARPOOTLIAN: Well, by the time SLED got there, did you -- you -- strike that. You never took SLED over and pointed out tire tracks, did you?
DANIEL GREENE: Not to my recollection, I did not.
MR. HARPOOTLIAN: Was there somebody there at this -- with your department that should have done that?
DANIEL GREENE: I have no idea what they do with their job descriptions as far as what they point out to additional investigators.
MR. HARPOOTLIAN: Did somebody from fire and rescue point out footprints?
DANIEL GREENE: I believe on my body camera there is a fire and rescue individual pointing out some footprints.
MR. HARPOOTLIAN: Okay. Did you take pictures of those?
DANIEL GREENE: I did not.
MR. HARPOOTLIAN: Did you tell SLED about them?
DANIEL GREENE: I did not.
MR. HARPOOTLIAN: So, nobody attempted to determine whether those were Maggie's footprints, Paul's footprints, or at least that night there was no effort by you or your department to preserve those?
DANIEL GREENE: By me? No. I cannot speak for everyone else.
MR. HARPOOTLIAN: Okay, and let me ask you this.
MR. HARPOOTLIAN: How about go to 4439, please. Let's watch at least 10, if not 15, seconds of that.
(Break in proceedings.)
MR. HARPOOTLIAN: You know what? Before you undo all of that, let's do some other stuff. Okay. If you would go to page 17, line 10.
(Break in proceedings.)
MR. WATERS: Your Honor, I would object. They're playing -- putting a transcript --
MR. HARPOOTLIAN: No, no, no. We're going to play the video.
MR. WATERS: It's up on the screen. It's up on the screen, Your Honor. I would object.
MR. HARPOOTLIAN: I apologize.
MR. WATERS: Can you take it down, please? Thank you.
MR. HARPOOTLIAN: We have prepared a transcript. It's synced with the video.
MR. WATERS: Well, I object to that; Your Honor, I object. This transcript has not been provided. There's no need for a transcript. The officer is here. We can play a video and he can --
JUDGE NEWMAN: I haven't heard a transcript being offered.
MR. HARPOOTLIAN: I'm not offering it, Your Honor. I'm using it to direct the audio/visual man to the place.
JUDGE NEWMAN: Well, do you have questions for the witness? Questions for your IT guy? You're just reading? Are you ready to proceed?
MR. HARPOOTLIAN: There's a lot going on, Judge.
JUDGE NEWMAN: I understand. We're waiting for you.
MR. HARPOOTLIAN: I'm waiting for him.
(Break in proceedings.)
MR. HARPOOTLIAN: Let me -- rather than having him play this, let me just cut to the chase. It's taking too long.
MR. HARPOOTLIAN: On this transcript -- on this tape, the fire and rescue person says to you -- I believe you agreed with me, a set of prints behind the trailer. You were told --
MR. WATERS: Your Honor, I'm going to object. He's publish again this transcript --
MR. HARPOOTLIAN: I'm not publishing. I'm asking. Did you --
MR. WATERS: I object.
JUDGE NEWMAN: I haven't heard a question yet.
MR. HARPOOTLIAN: I would like to make one.
JUDGE NEWMAN: Yes, sir.
MR. HARPOOTLIAN: Were you told by fire and rescue there's a set of prints behind the trailer?
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: Okay, and did he tell you that they attempted to not disturb those footprints in any way?
DANIEL GREENE: I don't recall exactly what was said.
MR. HARPOOTLIAN: Let me further ask you. You asked Mr. Murdaugh and we have heard this on the tape. You talked to him about the tire tracks coming and going, and he told you those weren't his tire tracks, correct?
DANIEL GREENE: He did say that they were not.
MR. HARPOOTLIAN: Okay, and further he indicated to you, Mr. Murdaugh did, that he felt this was related to the boat case. You indicated you knew about the boat case. You read about the boat case.
DANIEL GREENE: That's correct.
MR. HARPOOTLIAN: And in the boat case, Paul had been charged with three counts of felony DUI, killing a young girl, and wounding two others, correct?
DANIEL GREENE: I don't know much details about that case. I really don't.
MR. HARPOOTLIAN: Okay, but Mr. Murdaugh indicated to you there had been threats made against Paul.
DANIEL GREENE: He did.
MR. HARPOOTLIAN: And that he had even got in a fight once about it.
DANIEL GREENE: I believe he said punched.
MR. HARPOOTLIAN: Punched. Okay, and so on the scene, he believed that Paul's death was connected to someone angry about the boat case, correct?
MR. WATERS: I would object to that, Your Honor, as to what he believed, as to --
JUDGE NEWMAN: The objection is overruled.
MR. HARPOOTLIAN: Thank you.
MR. HARPOOTLIAN: On the scene, Mr. Murdaugh indicated to you he thought the death of his son was related to his son's involvement in the death of the young lady and the injury of two others in the boat case, correct?
DANIEL GREENE: It appeared that that's what he was getting at, yes.
MR. HARPOOTLIAN: Okay, and that's on the -- on the tape. Now, let's talk a little bit about the preservation of the crime scene. What did you do other than put yellow tape up to preserve the crime scene?
DANIEL GREENE: That's about the extent of my job is to put up the tape and make sure people that don't need to cross it don't cross it.
MR. HARPOOTLIAN: And I notice that there were officers walking around putting little pieces of tape near shell casings.
DANIEL GREENE: There was one officer doing that, yes.
MR. HARPOOTLIAN: And in the process of doing that, I didn't see any lights other than maybe a flashlight. Were there any -- did y'all put up any sort of high intensity lights so people could make sure they weren't stepping on something in the dark?
DANIEL GREENE: At that point, there were not light -- no additional lighting that had been put up, no.
MR. HARPOOTLIAN: But you and your officers were walking through that entire area. Is that correct?
DANIEL GREENE: We were walking in the area, yes.
MR. HARPOOTLIAN: And did you actually walk -- I mean, the feed room -- and let me -- maybe this is the best way to do this.
MR. HARPOOTLIAN: I would like to use the ELMO.
(Break in proceedings.)
MR. HARPOOTLIAN: Your Honor, I have two photographs. I'm going to use the ELMO in just a moment to show this witness. I'm going to offer these into evidence without objection by the State, is my understanding.
MR. WATERS: Once they're marked, I have no objection. I would note they're graphic and they need to be shielded from viewing.
JUDGE NEWMAN: They can be marked. What will the exhibits numbers be for the defense?
COURT REPORTER: 1 and 2.
JUDGE NEWMAN: Defense 1 and 2 are admitted without objection.
(PHOTO MARKED AS DEFENDANT'S EXHIBIT NUMBER 1 WAS RECEIVED INTO EVIDENCE.)
(PHOTO MARKED AS DEFENDANT'S EXHIBIT NUMBER 2 WAS RECEIVED INTO EVIDENCE.)
MR. HARPOOTLIAN: So -- thank you.
MR. HARPOOTLIAN: I'm going to first show you a picture and see if you can identify it, please.
DANIEL GREENE: That would be a picture of Paul.
MR. HARPOOTLIAN: And the second one, which would be Exhibit Number 2.
DANIEL GREENE: A picture of Maggie.
MR. HARPOOTLIAN: And when you say a picture of Paul and a picture of Maggie, these are crime scene photos, correct?
DANIEL GREENE: They appear to be, yes.
MR. HARPOOTLIAN: Is this what you saw that night?
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: Both of these pictures?
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: Accurately depict what you saw that night.
DANIEL GREENE: Yes.
(Break in proceedings.)
MR. HARPOOTLIAN: So as you look at this, I want to make sure I understand. One of Paul's feet is still inside -- this is the feed room behind him, correct?
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: And this is his head, lots of blood, and this would be a part of his brain lying next to him, correct?
DANIEL GREENE: I don't know if that's part of his brain or not.
MR. HARPOOTLIAN: All right. So, it's fair to say you didn't know whether that was part of his brain. When you first saw him, you didn't know whether his injuries were catastrophic or he was dead, or did you?
DANIEL GREENE: It was very clear that it was catastrophic.
MR. HARPOOTLIAN: Okay. Now, when you came upon the scene, clearly this feed room was part of the crime scene, correct?
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: Now, you're taught to keep the crime scene pristine, correct?
DANIEL GREENE: As pristine as possible, yes.
MR. HARPOOTLIAN: Don't -- there was no reason for you to go in there, was there?
DANIEL GREENE: Me at the time, no.
MR. HARPOOTLIAN: Okay. Was there any reason for the police -- before the SLED crime folks showed up, was there any reason for y'all to go in there?
DANIEL GREENE: There was no reason for me to go in there. I cannot speak if there was a reason for another officer to have gone in there.
MR. HARPOOTLIAN: Well, let me ask you this: Did y'all have any sort of crime scene expert at -- with you that night, someone that processes crime scenes?
DANIEL GREENE: Investigators do process crime scenes.
MR. HARPOOTLIAN: Okay. Do you remember going in that feed room?
DANIEL GREENE: I don't remember if I did specifically or not.
MR. HARPOOTLIAN: But you shouldn't have if you did, correct?
DANIEL GREENE: It's not to say that I shouldn't have. If there was something that needed to be done in there, then yes.
MR. HARPOOTLIAN: I guess what I'm getting at is I think one of the -- and you would agree with me that one of the cardinal rules of a crime scene is keep it pristine. Don't walk over things, try to preserve tire tracks, get pictures of them, footprints, all of those sorts of things. But somebody on -- with the officers with you -- were you in charge of the scene?
DANIEL GREENE: I was in charge of the deputies that were under my immediate supervision until someone higher than me arrived on scene.
MR. HARPOOTLIAN: And were those deputies directed by you or anyone to do something to preserve the tire tracks? Pictures, cordon them off, cover them up?
DANIEL GREENE: I did not give anyone that instruction, no.
MR. HARPOOTLIAN: So, you didn't do that. In terms of Paul, where Paul was laying, was anybody instructed, you know, put a cordon around him, there's no reason to go into the feed room, there's no reason to do anything obtrusive until a -- the SLED crime scene processors, they were on the way at this point, right?
DANIEL GREENE: I believe they were, yes.
MR. HARPOOTLIAN: And so if -- okay.
MR. HARPOOTLIAN: So, let's put the other one up.
(Break in proceedings.)
MR. HARPOOTLIAN: And identify this for me, please.
DANIEL GREENE: That's Maggie Murdaugh.
MR. GRIFFIN: Your Honor, may we approach very briefly?
JUDGE NEWMAN: Yes, sir.
(A bench conference was held with the Judge and the attorneys off the record.)
JUDGE NEWMAN: Ma'am, are you taking photographs of these pictures?
COURTROOM PHOTOGRAPHER: No, Your Honor.
JUDGE NEWMAN: All right.
MR. GRIFFIN: All right, thank you.
MR. HARPOOTLIAN: Thank you, Your Honor.
(Break in proceedings.)
MR. HARPOOTLIAN: And can you identify this for the jury, please?
DANIEL GREENE: That picture?
MR. HARPOOTLIAN: Yes.
DANIEL GREENE: It's Maggie Murdaugh.
MR. HARPOOTLIAN: After she'd been killed.
DANIEL GREENE: That's correct.
MR. HARPOOTLIAN: And, by the way, when you saw her from -- I mean, was it apparent that she was deceased? You believe -- I mean, but you -- have you ever seen a dead body before?
DANIEL GREENE: I have seen multiple, yes.
MR. HARPOOTLIAN: Many, right?
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: So, you're sort of an expert in this area: who's dead, who's not, who ought to get EMS there to check them out or not, correct? You've made that call often.
DANIEL GREENE: Yes.
MR. HARPOOTLIAN: Okay, but you could understand obviously Alex Murdaugh's concern that they might be alive, that maybe -- I mean, you're not saying that he shouldn't be concerned that somebody check out both Maggie and Paul to make sure -- make sure they were dead, right?
DANIEL GREENE: He was very concerned about that, yes.
MR. HARPOOTLIAN: Okay. Now as to Maggie Murdaugh, we see these numbers. Did y'all do these numbers, or were they done after y'all were there?
DANIEL GREENE: I don't know when those numbers were done. They were not placed by myself.
MR. HARPOOTLIAN: Or your team.
DANIEL GREENE: I can't say that for sure -- certain.
MR. HARPOOTLIAN: We see that in the video that they're putting down yellow tape. They're not putting these down, correct?
DANIEL GREENE: That's correct.
MR. HARPOOTLIAN: Now, you also -- according to the video we saw, a number of your officers are walking around marking where cartridges are, right?
DANIEL GREENE: They were.
MR. HARPOOTLIAN: Did they pick any of them up?
DANIEL GREENE: No, not to my knowledge.
MR. HARPOOTLIAN: Well, later on we see them talking to you and others on the video where they're saying these rounds came from a Blackout, they were Blackout rounds or Blackout --
DANIEL GREENE: 300 Blackout, yes, sir.
MR. HARPOOTLIAN: Right. I mean, did they get down on their hands and knees and look, or did they --
DANIEL GREENE: You would have to ask them. I don't know what they did to know that they were 300 Blackout rounds.
MR. HARPOOTLIAN: Well, who were those officers that were walking around her without a light on perhaps stepping on evidence, correct? Who were those officers?
DANIEL GREENE: Deputy McDowell and Deputy Pruitt were both in that area.
MR. HARPOOTLIAN: Were they doing that pursuant to your instruction?
DANIEL GREENE: They were not specifically instructed to do it. They were -- just took the initiative to do it.
MR. HARPOOTLIAN: Okay. I'm done with the ELMO. I want to play --
(Break in proceedings.)
(The video continued to play.)
MR. HARPOOTLIAN: Okay. So, this is your officers putting a sheet on Paul's body?
DANIEL GREENE: Not putting a sheet on. The sheet was already there.
MR. HARPOOTLIAN: Already there. Okay.
MR. HARPOOTLIAN: Continue, please.
(The video continued to play.)
MR. HARPOOTLIAN: Who is that --
MR. HARPOOTLIAN: Stop it. I'm sorry, stop it.
MR. HARPOOTLIAN: Who's that standing inside the feed room?
DANIEL GREENE: Just inside that doorway was Deputy McDowell.
MR. HARPOOTLIAN: Okay. Were you present? Or that's your body cam, so you're watching him do it, right?
DANIEL GREENE: That's correct.
MR. HARPOOTLIAN: Should he have done that?
DANIEL GREENE: Stand where he's standing?
MR. HARPOOTLIAN: Standing inside the feed room.
DANIEL GREENE: It's part of the crime scene. We're all standing inside the crime scene.
MR. HARPOOTLIAN: Inside what?
DANIEL GREENE: The crime scene. We are all standing in the crime scene.
MR. HARPOOTLIAN: I understand the same crime scene, but clearly you believed, based on discussion, and everyone in your unit believed that the fatal shot was made where he's basically standing, correct? In that area?
DANIEL GREENE: Where we are all standing?
MR. HARPOOTLIAN: Yeah.
DANIEL GREENE: Yes, sir.
MR. HARPOOTLIAN: Is that procedure to walk around on top of an area where shots had been fired if perhaps -- and I think even in this they're talking about tissue or brain matter laying there. I mean, aren't you supposed to -- you don't put anything on your feet --
MR. WATERS: Your Honor, I would object. Is there a question? There's not a question in that.
JUDGE NEWMAN: The objection is sustained. You must pose questions.
MR. HARPOOTLIAN: Did you in any way have your men or women put protective gear on their feet? I saw you put gloves on, but did they put anything to insulate themselves from contaminating the scene?
DANIEL GREENE: On their feet, no.
MR. HARPOOTLIAN: In many instances, departments around the country have people dressed in a gown to keep their DNA, their hair from contaminating the scene.
MR. WATERS: Your Honor, I'm going to --
MR. HARPOOTLIAN: Did you do that?
DANIEL GREENE: We do not and road patrol in Colleton County has no standard practice, no.
MR. HARPOOTLIAN: You do not do that.
DANIEL GREENE: Not as standard practice, no.
MR. HARPOOTLIAN: Have you ever done that?
DANIEL GREENE: I have not.
MR. HARPOOTLIAN: Have you ever had something covering your feet when you're walking on a crime scene?
DANIEL GREENE: I couldn't tell you that for sure.
MR. HARPOOTLIAN: Now, if we later on find -- and did you notice bloody footprints? Well, first of all, did you notice bloody footprints inside the feed room?
DANIEL GREENE: I don't remember seeing any.
MR. HARPOOTLIAN: I'm sorry?
DANIEL GREENE: I don't remember seeing any bloody footprints.
MR. HARPOOTLIAN: Okay. If there were bloody footprints in the feed room, could they have been created by you or your men?
DANIEL GREENE: They could have been created by anyone walking in that area, yes, sir.
MR. HARPOOTLIAN: And you're walking in there, or your men are walking in there, correct?
DANIEL GREENE: Yeah, correct.
MR. HARPOOTLIAN: And you think that's standard operating procedure?
DANIEL GREENE: Well, you do your best not to contaminate anything.
MR. HARPOOTLIAN: Well -- and this is your best.
DANIEL GREENE: What you're looking at right now is standard procedure.
MR. HARPOOTLIAN: To walk in an area where there's blood, where there's brain matter, where there's -- and I believe there was wadding laying on the floor.
DANIEL GREENE: I don't recall.
MR. HARPOOTLIAN: But you would agree with me that you have these procedures so that you don't contaminate the crime scene, so that you don't destroy evidence like those tire tracks, or those footprints, or leave your DNA, or in some way alter the scene so that if -- I mean, you would agree with me so that --
MR. HARPOOTLIAN: Let me finish the question.
MR. HARPOOTLIAN: -- so that if there is exculpatory or inculpatory evidence that would help you find the perpetrator and prosecute him, or evidence that would clear somebody, that was destroyed. Some of that was destroyed that night because you, your department, and maybe even SLED, didn't preserve that evidence. Isn't that correct?
DANIEL GREENE: I'm not sure if I fully understand your question.
MR. HARPOOTLIAN: The question is this. If you were -- if you are exploring, you're standing -- your men are standing in the spot and there was evidence there, or the tire tracks that weren't preserved, or the footprints that weren't preserved, that evidence could either incriminate somebody or exculpate somebody? Could, correct?
DANIEL GREENE: Could, yes.
MR. HARPOOTLIAN: That's why you don't do this, right?
DANIEL GREENE: That's why you don't contaminate the evidence, correct.
(Break in proceedings.)
MR. HARPOOTLIAN: Beg the Court's indulgence.
(Break in proceedings.)
MR. HARPOOTLIAN: Just a couple of more questions. You put yellow tape around the kennels, right?
DANIEL GREENE: We put it around the whole area.
MR. HARPOOTLIAN: Did you put it so that folks couldn't drive in and out?
DANIEL GREENE: They were not to go past where my vehicle was parked. I believe that was the extent of the yellow tape.
MR. HARPOOTLIAN: But between your vehicle and the entrance, none of those tire tracks were --
DANIEL GREENE: Entrance of?
MR. HARPOOTLIAN: The property. If somebody had driven into the property --
DANIEL GREENE: You mean from the main road of Moselle Road?
MR. HARPOOTLIAN: From the main road.
DANIEL GREENE: All the vehicles were coming in on that driveway.
MR. HARPOOTLIAN: Right. So, if somebody had come in and left who had committed the murders, whatever tire tracks that were left were obliterated by your men. Is that right?
DANIEL GREENE: It's possible.
MR. HARPOOTLIAN: Were you there when the coroner arrived?
DANIEL GREENE: Given my extent of my time there, I would assume so, but I don't remember specifically.
MR. HARPOOTLIAN: But you don't remember seeing a coroner, the coroner.
DANIEL GREENE: I may have. I don't remember specifically.
MR. HARPOOTLIAN: And apparently, according to the body cam, you didn't talk to him.
DANIEL GREENE: Not on my body camera, but it could have been after the body camera was turned off. I don't know.
MR. HARPOOTLIAN: Why did you turn it off?
DANIEL GREENE: Why was the body camera turned off?
MR. HARPOOTLIAN: Yeah.
DANIEL GREENE: Once my job, my specific job of doing any primary investigation after my initial arrival is completed and I'm not going to be doing anything further to investigate, I -- it's no longer needed.
MR. HARPOOTLIAN: Thank you. Please answer any follow-up questions by the Attorney General.
JUDGE NEWMAN: Redirect?
MR. WATERS: Thank you, Your Honor. May it please the Court?
REDIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: You were asked a series of questions about contaminating evidence. Are you aware that any evidence was contaminated in this case?
DANIEL GREENE: I'm not.
MR. WATERS: Did you engage in everything you could to avoid contaminating evidence?
DANIEL GREENE: Yes.
MR. WATERS: Did you, in fact, instruct your deputies set up a crime scene and instruct them to avoid areas where evidence might be contaminated?
DANIEL GREENE: We did everything we possibly could to avoid contaminating evidence.
MR. WATERS: Do your officers all have basic training in trying to avoid contamination of evidence?
DANIEL GREENE: Yes.
MR. WATERS: Are you also, though, as first responders in a fluid situation doing the best you can to assess what's going on?
DANIEL GREENE: Correct.
MR. WATERS: It's not your job to do the actual crime scene investigation work. Is that correct?
DANIEL GREENE: Not at all.
MR. WATERS: Okay. You were asked about whether or not you had had any meetings with prosecutors. Is it common for law enforcement witnesses, or any witnesses, to meet with the prosecutors prior to a trial?
DANIEL GREENE: Very common.
MR. WATERS: Okay. Was any -- did anybody ask you to do anything but express your accurate and honest opinions and observations about what you observed at this scene?
MR. WATERS: You were asked about this particular shotgun right here, this 12 gauge shotgun. This is the shotgun that Alex Murdaugh had when you arrived at the scene. Is that correct?
DANIEL GREENE: That's correct.
MR. WATERS: And you were asked about the shells right here. Is that correct?
DANIEL GREENE: That is correct.
MR. WATERS: Did you unload this weapon?
DANIEL GREENE: I did not.
MR. WATERS: Was it unloaded by somebody else after you turned it over to them?
DANIEL GREENE: Yes.
MR. WATERS: You were asked a little bit about the 300 Blackout casings or cases that were at the scene. Is that correct?
DANIEL GREENE: That's correct.
MR. WATERS: All right, and just real quick, explain to the jury what a casing or a case is, please.
DANIEL GREENE: So, a casing would be what would be left after the projectile has been fired through a weapon.
MR. WATERS: After it had been fired. The shell that comes out of gun and lands on the ground near the victim. Is that correct?
DANIEL GREENE: That's correct.
MR. WATERS: So, it is the remnants of a fired round. Is that right?
DANIEL GREENE: That's correct.
MR. WATERS: And there were multiple ones of those Blackouts surrounding Maggie. Is that correct?
DANIEL GREENE: That is correct.
MR. WATERS: You were asked a lot about the tire tracks, and you just happened to notice those over behind the defendant's vehicle. Is that correct?
DANIEL GREENE: That's correct.
MR. WATERS: And we had a still image put into evidence, Exhibit Number 5. This is it right here with just the still image. Is that right?
DANIEL GREENE: Yes.
MR. WATERS: All right, and the still image doesn't reflect as good as what the video does. Is that right? You can see it clearly?
DANIEL GREENE: The video shows it much better.
MR. WATERS: Much better. All right. Were these like tracks in the dirt, or were these just impressions in the grass, in the dewy grass?
DANIEL GREENE: They appeared to be impressions in the dewy grass.
MR. WATERS: Okay. All right. They weren't like tracks in the dirt that you saw, correct?
MR. WATERS: All right. I'm going to go back to the video. I'm playing it at approximately 25 minutes and 11 seconds.
(The video of body worn camera resumed play.)
MR. WATERS: Let me back it up for a little bit.
(The video continued to play.)
MR. WATERS: All right. So, the images that we just saw, those were the dewy impression in the grass that you were just talking about. Is that correct?
DANIEL GREENE: That's correct.
MR. WATERS: And the defendant said two of them were mine and the rest of them may have been from earlier. Is that correct?
DANIEL GREENE: Yes.
MR. WATERS: You were asked a little bit about the boat case. Did you have any detailed knowledge or understanding of the boat case when you arrived at the scene?
MR. WATERS: You just knew very generally that there was some boat case. Is that right?
DANIEL GREENE: Yes. It had been in the news.
MR. WATERS: Did you even realize that this was that Paul Murdaugh when you arrived on the scene?
DANIEL GREENE: Not until he had brought up the boat incident.
MR. WATERS: And who brought up the boat incident?
DANIEL GREENE: Mr. Murdaugh did.
MR. WATERS: Within a few minutes of you arriving, he's the one that brought up the boat incident --
DANIEL GREENE: He did.
MR. WATERS: -- is that correct?
DANIEL GREENE: He did.
MR. WATERS: And he offered that right out of the gate as a possible explanation for what happened here. Is that right?
DANIEL GREENE: Yes.
MR. WATERS: Nothing further, Your Honor.
JUDGE NEWMAN: Anything further?
MR. HARPOOTLIAN: Just briefly, Your Honor.
RECROSS-EXAMINATION
BY MR. HARPOOTLIAN:
MR. HARPOOTLIAN: Did you find it unreasonable for him to say that his son who'd been involved in this incident, who'd been threatened on numerous occasions and punched -- he told you he'd been punched, right?
DANIEL GREENE: He did.
MR. HARPOOTLIAN: Okay. That was a possible explanation, not implausible, for somebody killing Paul. You didn't fight back, did you?
MR. HARPOOTLIAN: And it was in his mind apparently the only reasonable explanation that occurred, right?
DANIEL GREENE: I don't know what was in his mind.
MR. HARPOOTLIAN: Well, I mean, that's what he told you; that's what he believed.
DANIEL GREENE: That was the statement that he made, yes.
MR. HARPOOTLIAN: Okay, and just one other follow-up question. You were asked if there was any evidence these -- these dewy tire tracks, this was at 10:00 at night. Was there dew on the ground already?
DANIEL GREENE: It was pretty humid out; there was a lot of dew.
MR. HARPOOTLIAN: It was humid.
DANIEL GREENE: Yeah.
MR. HARPOOTLIAN: It wasn't like in the morning.
DANIEL GREENE: This was not morning time.
MR. HARPOOTLIAN: So -- but are you telling me no one could have looked -- no expert could have looked and said, you know, that's a Suburban, that's a pickup truck, that's -- no one could do that, or do you --
DANIEL GREENE: I'm not going to pretend to know what an expert in that kind of stuff can and can't do.
MR. HARPOOTLIAN: But you were -- you're not an expert. Did you believe those tire tracks would last until SLED got there?
DANIEL GREENE: Yes. It appeared that they probably would.
MR. HARPOOTLIAN: Did you point them out to SLED?
DANIEL GREENE: Did I do what?
MR. HARPOOTLIAN: Did you point them out to SLED?
DANIEL GREENE: I did not.
MR. HARPOOTLIAN: Thank you.
JUDGE NEWMAN: You may step down.
(The witness exited the stand.)