John Bedingfield — Direct/Cross/Redirect
512 linesMR. HARPOOTLIAN: Your Honor, before the jury is brought in, we have a matter we would like to deal with.
JUDGE NEWMAN: Yes, sir.
MR. HARPOOTLIAN: Your Honor, we've been informed by -- the Attorney General has been very accommodating. He's telling who he was going to call this afternoon and this morning, and one of the witnesses would be Britt Dove. And Britt Dove, I think they'll agree, is the person that did -- received and did the extract from -- you heard the Secret Service agent this morning, and did some analysis on it. I would like to show the Court -- can I have the ELMO, please -- State's Exhibit Number 299. This is -- that's a receipt of property for Paul Murdaugh's phone, and you'll slide it down a little bit. No, the other way. You'll see that Bobby -- is that Bancroft -- received it from David Owens (sic), who gave it to Bobby Bancroft, who then gave it to Ryan Kelly. And then Paul McManigal, who we heard from this morning, gave it to -- he was at the Charleston Sheriff's Office, gave it to it looks like Brian Hudak, who gave it to -- or it got to Captain Brian Hudak, I guess, by Ryan Kelly. The point I'm trying to make -- Judge, let me show you this second page -- is there are a number of people in the chain of custody on this phone who haven't testified yet. As a result, if Mr. Dove is allowed to testify about the contents of the phone which he received from Secret Service, we believe that breaks -- that would not complete the chain of custody. All we're saying is call these other people and just -- I mean, they're not going to be long witnesses. Complete the chain to authenticate that what exactly came out of that phone was the phone that was found at the scene on Paul Murdaugh's body. I don't know if this is complicated or not, but --
JUDGE NEWMAN: All right.
MR. HARPOOTLIAN: It seems to me that they ought to have to do that.
JUDGE NEWMAN: Mr. Waters?
MR. WATERS: Thank you, Your Honor. Just very quickly, as we look at the chain on Paul's phone -- and again, Mr. Conrad, is going to call Lieutenant Dove here in a bit. We've had testimony from Jason Chapman about David Owen securing that phone. We've had introduction into evidence, Your Honor, without objection of both of these chain sheets; there was no qualification or objection to the information on these chain seats, no hearsay objection or anything like on both of these, which carried the chain all the way through. And then, of course, where we have the testimony about the collection of that phone. We have the testimony from multiple witnesses about the manner in which agents secure phones and, and the likely -- and the rest of that. Then we have testimony about that phone going essentially through a couple of couriers to Paul McManigal, who just testified as to his involvement with that phone, as well as to his delivery of that back to Lieutenant Dove. And then you've had testimony from Agent VanHouten, who received that phone and analyzed it and then delivered that back to Lieutenant Dove, and Lieutenant Dove is going to be here to complete that chain. So, if you look at the case law, -- we do have some cases prepared if we need them. I don't think we really do, Your Honor. Now, this is not fungible evidence. The case law is very clear, Your Honor, that chain -- you don't have to call every single person that touched the evidence throughout the way. It only needs to be established as much as is practical, and I think we've done that in great detail.
JUDGE NEWMAN: That's the particular question, is it fungible or non-fungible. Is a cell phone fungible or non-fungible?
MR. HARPOOTLIAN: If you look at the exterior, it's fungible. You can't tell one IPhone 11 from another one until you open it. Okay, but is the phone that was found at Paul, is that the same phone and that's why you have the chain. It was cracked open and they got the material from and they went to analyze. It is -- this is an IPhone 11, Your Honor. It's not Paul's.
JUDGE NEWMAN: All right.
MR. WATERS: And, Your Honor, again we've had --
JUDGE NEWMAN: Fungible or non-fungible?
MR. WATERS: I would say that it's not fungible, Your Honor. And, again, I think we've had -- it's clearly not fungible and --
JUDGE NEWMAN: It's clearly not fungible. When you say clearly, what do you mean? Generally if things are clear, then we don't have a debate.
MR. WATERS: Fair enough. I strenuously, object, Your Honor, I apologize. But anyway, Your Honor, you know, when you look at something like cell phone evidence and you look at the class of types of evidence that are clearly fungible, those two are, I think, different in the manner in which they exist, and the manner in which they are. And I'm not aware of any case that's ever held a cell phone as to be fungible. It is a -- it's a physical item. Additionally this particular one -- I'm sorry, Your Honor. Additionally, this particular cell phone has a serial number and an IMEI that is specifically identifiable. The cell phones are not fungible. They are specific. They have identified -- specific identifying information like that, and so, again, I think that given the weight of that and the weight of what we have established, we would have more than established a chain.
MR. HARPOOTLIAN: Your Honor, I note on this chain of custody there's no serial number. There's no IME number. There's nothing on this document. I'll be happy to -- it's State's Exhibit 298 and 299. There's nothing on these that indicates it's a cell -- matter of fact, the description is Paul's cell phone. There's no identifying date on this whatsoever. And, by the way, I think we've been sort of lax. We should have asked all of these witnesses how they know it was this cell phone. They never testified to serial number. That's water under the dam, under the bridge, but perhaps I should have asked that.
MR. WATERS: Well, and again, Your Honor, these came in without objection associated with testimony about that specific phone that people like McManigal and Agent VanHouten have specifically identified as associated with these chain sheets and with that specific phone. So, again, I think that's a specific identification in there and not --
JUDGE NEWMAN: The cases that you said you have --
MR. WATERS: Your Honor, I've got a copy right here. This isn't specific -- can I hand that up to Your Honor?
JUDGE NEWMAN: Yeah. Tell me about the case State v. Pulley, State v. Pulley.
MR. WATERS: Yes, sir. And again, this is just a general -- this isn't related to cell phones in specific. But it does talk about, you know, establishing the chain of custody as far as practicable. And, again, it talks about where the evidence establishes the identity of those who have handled the evidence and reasonably demonstrates the manner of handling the evidence, which we've had testimony as to both of those. Our courts have been willing to fill in gaps in the chain of custody due to an absent witness. Proof of the chain of custody need not negate all possibility of tampering so long as the chain of possession is complete. It goes on, Your Honor, and I apologize. That was from headnotes 5 -- 4, 5, and 6. It goes on to talk about a perfect chain of custody is not required. I think the evidence here on the whole has been more than sufficient to be able to establish the chain. And additionally even beyond that, I think that none of that precludes Lieutenant Dove to testifying about, given the foundation that's been laid, to testifying about the contents of that extraction pending, you know, any additional witnesses that will come in. I don't think that's precluded at this time either. He can still go forward and testify as to the extent of his testimony about that extraction, and certainly understanding that any additional witnesses, you know, are still forthcoming, so I don't think that precludes him from testifying as to the contents of that extraction.
MR. HARPOOTLIAN: Your Honor, with all due respect to the Attorney General, the footnote says when the establishing chain -- I mean, headnote 4, when establishing chain of custody, fungible, holding evidence where multiple people handled or analyzed the substance, the identity of the individuals who acquired the evidence and what was done with the evidence between the taking and the analysis must not be left to conjecture. And there's nothing in any document we've heard or any witness that has specifically identified that I got cell phone M4381 and gave it to somebody else who says I got that same cell phone because it has the same serial number. I mean, this -- if that's not conjecture, I don't know what is. And again, what's the big hurdle here? He's got three people he needs to call if there -- unless there's a problem with one of them, you know, that signed this document that didn't have it. And I think this is an important piece of evidence and we ought to just require what's required by this case and every other case where there's a fungible item.
MR. WATERS: And, Your Honor, again going back to headnotes 4 and 5, testimony from each custodian of fungible evidence, however, is not a prerequisite to establishing a chain of custody. Again, we've had testimony about the collection, we've had testimony about the manner of collection, and we've had testimony from those who actually analyzed it in the interim to get to Lieutenant Dove who will then complete that analysis. So, we've got testimony about collection, we've got chain sheets supporting that, and then we'll have every person who actually analyzed it, and I think that's more than a sufficient chain to establish its admissibility at this time.
JUDGE NEWMAN: Anything further? Last word.
MR. WATERS: Nothing from the State, Your Honor.
MR. HARPOOTLIAN: Nothing from the defense, Your Honor.
JUDGE NEWMAN: All right. To the extent that this is a motion to exclude this testimony, the motion is denied. I do not believe that the portion of this case that State v. Pulley that says the identity of individuals who acquired the evidence and what was done with the evidence between the taking and the analysis must not be left to conjecture. I believe that a cell phone is not a fungible item, but it is complicated to the degree that there was analysis, there was analysis done with the cell phone. But the testimony, particularly the testimony of VanHouten, sufficiently establishes that this phone was not tampered with, could not be tampered with, and I believe that the State has sufficiently established a chain. The cases tell that a perfect chain is not necessarily, and I believe the State has sufficiently established a chain of custody to the degree, to the degree necessary that the next witness can testify. So, I deny motion and the objection is noted for the record.
MR. WATERS: Thank you.
MR. HARPOOTLIAN: Your Honor, just to make sure the record is clear, with all due respect we except with your ruling.
JUDGE NEWMAN: I said it's noted for the record, yes.
MR. HARPOOTLIAN: I'm from the old school, I'm sorry.
JUDGE NEWMAN: Let's bring the jury.
MR. WATERS: And, Your Honor, to be clear, we do have one interim witness before that witness will testify.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: All right, thank you. You may proceed.
MR. WATERS: Thank you, Your Honor. The State would call John Bedingfield.
The witness, JOHN BEDINGFIELD, was first duly sworn and testified as follows:
COURT CLERK: Take a seat in the witness stand, state your name again, and for the record spell your last name, please.
JOHN BEDINGFIELD: John Bedingfield. B-e-d-i-n-g-f-i-e-l-d.
DIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: Mr. Bedingfield, how are you doing today?
JOHN BEDINGFIELD: Doing good.
MR. WATERS: All right. Tell us where you live.
JOHN BEDINGFIELD: Barnwell.
MR. WATERS: All right. Tell us a little bit about yourself. Did you grow up there or --
JOHN BEDINGFIELD: Grew up there, born and raised in Barnwell. Worked there my entire career, twenty-eight years with the Department of Natural Resources. Still living in Barnwell.
MR. WATERS: Where do you work now?
JOHN BEDINGFIELD: I'm the Region 3 Captain, which is the Midlands Region, Lake Murray, Lake Marion.
MR. WATERS: Okay, and is that law enforcement position?
JOHN BEDINGFIELD: Yes, sir, it is.
MR. WATERS: Are you a Class One Officer?
JOHN BEDINGFIELD: I am.
MR. WATERS: And you said you've been with DNR how long?
JOHN BEDINGFIELD: Twenty-eight years.
MR. WATERS: Has that been the extent of your law enforcement career?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: Are you still employed there?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: Do you have any other businesses or any other economic stuff you're associated with?
JOHN BEDINGFIELD: I do. Back in 2016 I got a federal firearms license to sell and manufacture firearms.
MR. WATERS: And tell me how you got into that. What led you to develop that? Is that like a side business?
JOHN BEDINGFIELD: Side business. It was just a passion I had of working on guns and building guns. Decided to turn it into a business.
MR. WATERS: All right, and you mentioned a federal firearms license. Is that what people know as an FFL?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: All right. Just tell me very quickly what it takes -- what does it mean to have an FFL?
JOHN BEDINGFIELD: It means you can transfer firearms to individuals, you do a background check upon that sale or transfer.
MR. WATERS: Okay. If you're engaged in sort of the commercial sale of firearms or as a business, do you need an FFL to do that?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And that's different from private sales back and forth. Is that correct?
JOHN BEDINGFIELD: Correct.
MR. WATERS: And with an FFL, does it come with an obligation to keep certain paperwork that -- with regard to the firearms that you're involved in selling?
JOHN BEDINGFIELD: Yes, sir, it does.
MR. WATERS: And explain to me some of the paperwork that you have to get and some of the paperwork you have to keep when you're selling firearm with an FFL.
JOHN BEDINGFIELD: When a firearm comes in to me, it gets logged into a log. Upon its sale or transfer out, it gets logged out with the 4473 background check.
MR. WATERS: All right. Tell me what the 4473 is, please.
JOHN BEDINGFIELD: It's personal information, gun information. It gets called into the ATF, and it gets approved or disapproved for transfers to that individual.
MR. WATERS: Is that like a federal form?
JOHN BEDINGFIELD: It's their instant background check, yes, sir.
MR. WATERS: Like every federal form, it has got a number on it?
JOHN BEDINGFIELD: Yes.
MR. WATERS: And that's --
JOHN BEDINGFIELD: 4473.
MR. WATERS: What's the number again? 4473? Is that the one where you have to check the form saying I'm not a drug user and I'm not part of a terrorist organization and all that stuff?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: But you have to ensure that those are filled out with people that you give the form?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: That you sell firearms to. Is that correct?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: What type of firearms are you selling? I mean, are you manufacturing from scratch, or how do you do that?
JOHN BEDINGFIELD: Early on I did. Wasn't lucrative enough, so I was just buying and selling. So, I would buy a gun, configure it, or buy parts, configure it as an individual wanted and provide it to them.
MR. WATERS: Okay, and so where would you buy parts from? What's a big source of parts?
JOHN BEDINGFIELD: I've had numerous, but primarily Palmetto State Armory for AR15 parts, but I've used twenty or thirty other vendors throughout the course of me having a license.
MR. WATERS: When people think about an AR15 style weapon, can that fire one caliber of bullet, or can multiple calibers of bullets be configured with an AR15 style?
JOHN BEDINGFIELD: As long as they're compatible with the magazine system and the bolt carrier, many different calibers can be configured.
MR. WATERS: Like what? What's the most common AR15 calibers?
JOHN BEDINGFIELD: 223, 556, which are more or less interchangeable, 300 Blackout, 65 Grendel.
MR. WATERS: All right, and the must common ones you said was 223 and 556?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: All right, and then 300 Blackout.
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: All right. Let me ask you this. Are you at all related to the defendant, Alex Murdaugh?
JOHN BEDINGFIELD: I am.
MR. WATERS: All right, and what is your relation?
JOHN BEDINGFIELD: Our grandmothers were sisters. I've grown up with the Murdaughs as cousins.
MR. WATERS: All right. So, you've known him your entire life, or a long time?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: At any point in time did the defendant, Alex Murdaugh, approach you about perhaps assembling or making some firearms for him?
JOHN BEDINGFIELD: He did.
MR. WATERS: All right, and do you remember roughly when that was?
JOHN BEDINGFIELD: That would have been around Christmas of '16.
MR. WATERS: Okay, and what was your conversation with the defendant over there about what he wanted and what he wanted you to put together?
JOHN BEDINGFIELD: He was looking for a couple of guns for the boys to hunt pigs with.
MR. WATERS: And did y'all have a discussion about what type of gun, what caliber and that sort of thing?
JOHN BEDINGFIELD: We did. I kind of steered him towards the 300 Blackout just because of its effectiveness on hogs versus a 223 or 556.
MR. WATERS: All right, and just very quickly, between a Blackout and a 223 or 556, why did you suggest a Blackout as a more effective round than those?
JOHN BEDINGFIELD: Larger caliber, larger diameter bullet, a little more knockdown power for pigs. A 223 at that time, there weren't many larger or heavier grained bullets that were effective.
MR. WATERS: So you suggested the Blackout, and did he agree to that?
JOHN BEDINGFIELD: He did.
MR. WATERS: Again, he wanted these for the boys to hunt pigs?
JOHN BEDINGFIELD: Right.
MR. WATERS: Or hogs. All right. Was there a particular holiday coming up that he wanted them for?
JOHN BEDINGFIELD: It would have been Christmas of that -- '16 Christmas.
MR. WATERS: 2016? Okay. Did you ultimately assemble some firearms for him?
JOHN BEDINGFIELD: I did.
MR. WATERS: All right, and tell us, describe those firearms for us, how they were configured, what was on them. Give us some detail about them, please.
JOHN BEDINGFIELD: Initial conversation and part why the 300 Blackout was chosen was its ability to shoot subsonic ammo, and we had talked about possibly some suppressors for the same guns.
MR. WATERS: Let me slow you down real quick. Tell the jury what a suppressor is.
JOHN BEDINGFIELD: A silencer, or a sound suppression device for a firearm.
MR. WATERS: All right. So, a subsonic round -- you have to have a subsonic round for the suppressor to work.
JOHN BEDINGFIELD: It makes it most efficient.
MR. WATERS: All right. Keep going, if you would, please.
JOHN BEDINGFIELD: That was kind of where I steered, that way. But it was a pair of Palmetto State Armory lowers that I built some 300 Blackout uppers for, and one was configured in, in all black as was requested, and the other was cerakote, which is a paint finish, a ceramic paint finish, in a tan.
MR. WATERS: Okay, and when you say cerakote, is that a service or, or -- that you are through providing?
JOHN BEDINGFIELD: It does -- it is, yes, sir.
MR. WATERS: All right, and just very quickly. Tell the jury what you mean by that. What is cerakote?
JOHN BEDINGFIELD: It's a refinishing; it's a paint job on a firearm. A lot of items can be cerakoted: plastic, wood, or whatever. But the, the -- you blast the finish, original finish, degrease it, put a two part finish on, and bake it on. It's a colorant.
MR. WATERS: So, the black one you don't have to treat.
JOHN BEDINGFIELD: I'm sorry?
MR. WATERS: The black one you didn't have to treat like this.
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: But the tan one you had to cerakote.
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: Did the defendant request any sort of optics or scope on these guns?
JOHN BEDINGFIELD: He did. We put a pair of ATN thermal scopes on the rifles.
MR. WATERS: And what -- specifically why are the thermal scopes good for hunting hogs, or why were they put on there?
JOHN BEDINGFIELD: Hog hunting in South Carolina is legal to hunt at night with the proper permitting, and it allows you to night hunt the pigs.
MR. WATERS: All right. All right. Mr. Bedingfield, I'm going to show you what has been marked as Exhibit 302 for identification at this time and see if you recognize that image right there.
JOHN BEDINGFIELD: I do.
MR. WATERS: All right. Tell me what that is.
JOHN BEDINGFIELD: Those are the two 300 Blackout rifles that I sold Alex.
MR. WATERS: All right. Those are the two, the exact two at Christmas. Is that correct? Christmas of 2016?
JOHN BEDINGFIELD: The original two, yes, sir.
MR. WATERS: Okay, and -- all right. Let me.
MR. WATERS: Your Honor, at this time I would move State's 302 into evidence, please.
MR. GRIFFIN: No objection.
JUDGE NEWMAN: It's admitted.
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 302 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: All right. Let me put this on the ELMO real quick. All right. Can you see that on your screen there?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: Okay, and just real quick, if we look down at the end of the barrel on these, what are those things right there?
JOHN BEDINGFIELD: Those would be the suppressors.
MR. WATERS: All right, and tell me about this image. How do you recognize this image? What was going on when this image was taken?
JOHN BEDINGFIELD: That was the day I took the guns to Alex. I showed him, you know -- that's how I presented them to him, again with -- the suppressors are still in my possession. We never did the paperwork on the suppressors.
MR. WATERS: And let's unpack that a little bit. Where did you take those guns to him? Do you recall?
JOHN BEDINGFIELD: His office.
MR. WATERS: And they're in some sort of case. Do you recall that case?
JOHN BEDINGFIELD: Yes, sir, that's my hard case.
MR. WATERS: All right. So, you brought them in that case?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: Did you leave the case with him or did you take that back with you?
JOHN BEDINGFIELD: I have the case.
MR. WATERS: Okay. Now, you mentioned that -- we see that the suppressors are on there. Did you ever deliver those suppressors to Alex Murdaugh?
JOHN BEDINGFIELD: I did not.
MR. WATERS: All right. Now, explain that to the jury. Why were you unable to do that?
JOHN BEDINGFIELD: To possess an NFA item, a National Firearms Act, a restricted item where the federal government restricted the possession of short barreled rifles, machine guns, suppressors, and short barrel shotguns, you have to apply for a tax stamp through the federal government. It's a background check system that allows for the possession once you pass the background check.
MR. WATERS: Okay, and did Alex complete that additional paperwork?
JOHN BEDINGFIELD: No, we never completed it.
MR. WATERS: Is that -- for the suppressor, is that additional paperwork in addition to what it takes to normally get a rifle?
JOHN BEDINGFIELD: Yes.
MR. WATERS: What was y'all's discussion, if any, about that paperwork and completing it and all of the rest of it?
JOHN BEDINGFIELD: We had some random discussions. I would egg him from time to time. Hey, man, let's get the paperwork going, and he was going to put them in a trust, which is an entity which would own the firearm -- own the items, and we just -- we never got it all put together.
MR. WATERS: Because of the special legality about suppressors, is it common for people to set up a trust, a legal trust that actually owns those suppressors?
JOHN BEDINGFIELD: Yes. Yes, it is.
MR. WATERS: And that was the paperwork that needed to be completed?
JOHN BEDINGFIELD: That, and the application side of it, but that was the biggest portion.
MR. WATERS: And he was, like, I'm going to get back to you, I'll do it, and he just never did. Did he pay for those suppressors?
JOHN BEDINGFIELD: He did.
MR. WATERS: All right. He just never received them.
JOHN BEDINGFIELD: Correct.
MR. WATERS: Where are those suppressors to this day?
JOHN BEDINGFIELD: They're in my inventory at my business.
MR. WATERS: Okay. At some point in time, did you ever have another conversation with Alex about making another Blackout?
JOHN BEDINGFIELD: I did.
MR. WATERS: And when roughly was that? Do you recall?
JOHN BEDINGFIELD: It would have been around April of 2018.
MR. WATERS: April of 2018. All right, and what did Alex tell you? What was your conversation with him about making a third Blackout?
JOHN BEDINGFIELD: That Paul had lost or misplaced his rifle and he wanted to replace it.
MR. WATERS: Okay, and did this -- did you ultimately make him a third Blackout?
JOHN BEDINGFIELD: I did.
MR. WATERS: Did this particular rifle, did you put any optic on it?
JOHN BEDINGFIELD: I did not.
MR. WATERS: All right. Did Alex say don't put an optic on it because he already lost the other one?
JOHN BEDINGFIELD: Yes.
MR. WATERS: Those optics fairly expensive?
JOHN BEDINGFIELD: They can be, yes, sir.
MR. WATERS: All right, and roughly how much were the thermal optics that we see on this particular picture that's on the screen, the exhibit that I previously admitted, have admitted?
JOHN BEDINGFIELD: $1,500 to $1,800 each.
MR. WATERS: So, the third one did not have an optic on it.
JOHN BEDINGFIELD: Correct.
MR. WATERS: And did you ultimately provide that weapon?
JOHN BEDINGFIELD: I did.
MR. WATERS: Well, tell me how you provided that. Did Alex pick it up did somebody else pick it up?
JOHN BEDINGFIELD: He did not. When I let him know it was ready, he said he was unavailable and Maggie would come pick it up.
MR. WATERS: Okay, and is that what happened?
JOHN BEDINGFIELD: It is.
MR. WATERS: And so tell me about that. Tell me about your interaction with Maggie when she picked that weapon up.
JOHN BEDINGFIELD: She came to town, we met, did some paperwork, and she handed me a check, and drove back to Hampton.
MR. WATERS: And you gave the weapon -- her the weapon.
JOHN BEDINGFIELD: Yep. She would have completed the 4473 with me.
MR. WATERS: So, you made three Blackouts, excluding the optic roughly in this same configuration. Maggie picked up that third one, correct?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: All right. Let me show you some exhibits real quick.
MR. WATERS: Show them to counsel.
(Break in proceedings.)
MR. WATERS: All right. Let me show you what's been previously marked for identification as State's 247, and I'm going to have you flip through those, and just first tell me generally if you recognize the documents in State's 247.
JOHN BEDINGFIELD: I do.
MR. WATERS: All right. Tell me what those are.
JOHN BEDINGFIELD: The first would be the original check from Alex for the first two firearms, canceled check to me. Second would have been the third from Maggie, canceled check to me. The fourth -- third and fourth page would be the firearm log --
MR. WATERS: And we'll talk more about that in a minute, but that's part of your firearm log. Is that correct?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: All right, and then I'm going to show you what's been marked -- hold on, I want to staple this.
(Break in proceedings.)
MR. WATERS: I want to show you what's been marked as State's 245 and see if you recognize this document.
JOHN BEDINGFIELD: I do.
MR. WATERS: All right, and tell me what that is.
JOHN BEDINGFIELD: It is the original 4473 from the first two firearms to Alex.
MR. WATERS: All right. Let me see those back real quick.
MR. WATERS: Your Honor, at this time we move State's 245 and 247 into evidence.
MR. GRIFFIN: No objection.
JUDGE NEWMAN: Admitted.
(FIREARM FORM MARKED AS STATE'S EXHIBIT NUMBER 245 WAS RECEIVED INTO EVIDENCE.)
(CANCELED CHECKS MARKED AS STATE'S EXHIBIT NUMBER 247 WERE RECEIVED INTO EVIDENCE.)
MR. WATERS: All right, I'll put these up on the screen. All right. This is State's Exhibit 247, and we're looking at the first page. Describe to the jury what that is, please.
JOHN BEDINGFIELD: That is the canceled check from Alex for the original two firearms.
MR. WATERS: For the original two?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And what's the price on that, please? I can bring it to you if you need me to.
JOHN BEDINGFIELD: I've got it. $9,188.
MR. WATERS: And what's the date on that, please?
JOHN BEDINGFIELD: I'm sorry?
MR. WATERS: What's the date on that?
JOHN BEDINGFIELD: 12/23/16.
MR. WATERS: All right, and is this a record that you kept in the course of your FFL obligations to the --
JOHN BEDINGFIELD: The check, no, sir. We retrieved that from my bank.
MR. WATERS: Got you. All right. There's a second page of this exhibit. Do you recognize that? Tell me what that is, please.
JOHN BEDINGFIELD: That is the check for the third replacement 300 Blackout to Maggie Murdaugh; that's the check she wrote to me.
MR. WATERS: All right, and what's the amount of that one?
JOHN BEDINGFIELD: $875.
MR. WATERS: So, the first one for two of them was the $9,188, correct?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And the second one is only 875. Is that right?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And is the difference between those that the second one didn't have the optic and didn't have the suppressor? Is that part of the difference?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: Okay. All right. Before we get to the rest of that exhibit, let me go to 245, and I'm going to show you this. This is what now?
JOHN BEDINGFIELD: That is the 4473 for the first two 300 Blackouts.
MR. WATERS: All right, and we see down here in little letters it says form 4473. Is that right?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And these are all of the questions that you have to answer to buy a firearm?
JOHN BEDINGFIELD: Correct.
MR. WATERS: Okay, and whose name do we have on this?
JOHN BEDINGFIELD: Richard Alexander Murdaugh.
MR. WATERS: All right, and then right here, what are these two things right there?
JOHN BEDINGFIELD: That would be the serial numbers from each of the firearms.
MR. WATERS: All right, and let me ask you this real quick. With an AR style platform, is every part it serialized, have a serial number, or if not, what parts are?
JOHN BEDINGFIELD: Only the lower receiver is serialized.
MR. WATERS: All right, and when you talk about the lower receiver -- and let me take this back up. Point to me what we're talking about on the -- this picture.
JOHN BEDINGFIELD: This portion of the firearm.
MR. WATERS: Okay, and I'm going to put it back on the screen and I'm going to point to what you did, and you tell me if I got it right, okay? All right. So, this portion right here is the lower receiver?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And that's the serialized portion, correct?
JOHN BEDINGFIELD: Correct.
MR. WATERS: All right, and finally down here, what do we have right there?
JOHN BEDINGFIELD: The date.
MR. WATERS: All right, and what's the date on that?
JOHN BEDINGFIELD: January 10, 2017.
MR. WATERS: Okay. After these murders happened, did you ever get a call from SLED Agent Jeff Croft?
JOHN BEDINGFIELD: I did.
MR. WATERS: Is that somebody you knew prior to this?
JOHN BEDINGFIELD: Yes.
MR. WATERS: Knowing him from growing up in Barnwell or living in Barnwell?
JOHN BEDINGFIELD: Through my law enforcement career and him at the county, and our kids were in school together.
MR. WATERS: Did you have a conversation with Jeff Croft?
JOHN BEDINGFIELD: Yes.
MR. WATERS: Did Jeff Croft ask you to provide him anything?
JOHN BEDINGFIELD: He did.
MR. WATERS: And what did he ask you to provide him?
JOHN BEDINGFIELD: The paperwork you've just submitted, the 4473 and the canceled checks.
MR. WATERS: All right. When you initially responded, did you send him the paperwork for all three Blackouts that you made for the defendant?
JOHN BEDINGFIELD: Not initially I don't think so. I don't recall exactly.
MR. WATERS: So, just the first two.
JOHN BEDINGFIELD: Just the first two, yes, sir.
MR. WATERS: All right. Did you have a subsequent conversation with him at some point later on in time?
JOHN BEDINGFIELD: Yes.
MR. WATERS: And what was the nature of that conversation?
JOHN BEDINGFIELD: That there was a third, and through an audit I was able to backtrack and provide what I did on the third.
MR. WATERS: All right. So, there was an inquiry made as to whether there was a third one and you said yes, there was a third one.
JOHN BEDINGFIELD: Correct.
MR. WATERS: Do you have all of your paperwork for that third one?
JOHN BEDINGFIELD: No, sir. The 4473 is unaccounted for.
MR. WATERS: All right. So, you went back and looked and you couldn't find it.
JOHN BEDINGFIELD: Correct.
MR. WATERS: All right. How -- did you make any efforts, though, to determine which one that gun must have been?
JOHN BEDINGFIELD: Based on the canceled check, the date of it, and that -- the only missing exit from my log, it would have been 111, I believe. Is that --
MR. WATERS: All right, I'm going to take you back, Exhibit 247, and have you look at the last two pages of that exhibit and explain to me what you're talking about.
JOHN BEDINGFIELD: So, each firearm that's numbered and described has a receipt and disposition form.
MR. WATERS: And what was different about 111?
JOHN BEDINGFIELD: It was blank.
MR. WATERS: Okay. So, did you do some process of elimination here?
JOHN BEDINGFIELD: I did. I did.
MR. WATERS: You looked at the date of that check in April of 2018 for the third Blackout?
JOHN BEDINGFIELD: Correct, yes, sir.
MR. WATERS: And looked in your log, and this was the one that didn't have other information in it.
JOHN BEDINGFIELD: Only one of many years that it could have even been.
MR. WATERS: All right. I'll put this up on the screen. And is this 111 here that you're talking about?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: Okay, and then we go to the second page, and if they were laying next to each other -- is this, like, a log book?
JOHN BEDINGFIELD: Correct.
MR. WATERS: And if these pages were laying next to each other, this was the blank one, correct?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: All right. After you received that second communication with Jeff Croft, did you provide him that log paperwork that we just looked at?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: Have you amended your Federal Firearms License forms to reflect that now?
JOHN BEDINGFIELD: Yes. It was just a missing form. I reflected it that it was sold to Maggie Murdaugh on 4/14 of 2018.
MR. WATERS: All right. How many Blackouts, AR style rifles, did you make for Alex Murdaugh?
JOHN BEDINGFIELD: Three.
MR. WATERS: And when was that last one made?
JOHN BEDINGFIELD: 2018.
MR. WATERS: April?
JOHN BEDINGFIELD: April of 2018.
MR. WATERS: Hold on for me for one second.
(Break in proceedings.)
MR. WATERS: All right. Thank you, Mr. Bedingfield. Answer any questions the defense may have, please.
JUDGE NEWMAN: Mr. Griffin.
MR. GRIFFIN: Thank you, Your Honor.
CROSS-EXAMINATION
BY MR. GRIFFIN:
MR. GRIFFIN: Good afternoon, Mr. Bedingfield. My name is Jim Griffin. I represent Alex Murdaugh. The --
MR. GRIFFIN: Can I have the ELMO back, please?
(Break in proceedings.)
MR. GRIFFIN: The ELMO is still on.
MR. GRIFFIN: Mr. Bedingfield, the -- these were the two 300 Blackouts that were sold to Alex for Christmas in 2016. Is that correct?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: And one was black and one was tan, right?
JOHN BEDINGFIELD: Correct.
MR. GRIFFIN: And the -- and you know which gun went to which son?
JOHN BEDINGFIELD: I don't recall.
MR. GRIFFIN: All right, and then you built a replacement 300 Blackout sometime, I believe you said, in 2018. Is that right?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: And was that a tan one or a black one that --
JOHN BEDINGFIELD: It would have been black.
MR. GRIFFIN: Excuse me?
JOHN BEDINGFIELD: It was black. The second one was -- the third one, I'm sorry, was black.
MR. GRIFFIN: The third one was black.
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: So, if the tan one was lost in this, then Mr. Murdaugh would have had -- or his boys would have had two black 300 Blackouts --
JOHN BEDINGFIELD: Yes, sir, I assume so.
MR. GRIFFIN: -- after 2018. Now, the original price was $9,188 for the two firearms that they, Buster and Paul, got for Christmas in 2016, correct?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: And that included the cost of the basic weapon, the AR -- modified AR and the 300 Blackout, correct?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: And then it included the cost of the thermal night scope.
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: And you said that's about $1500 each?
JOHN BEDINGFIELD: I'm guessing at that, but, yes, sir.
MR. GRIFFIN: And then -- so that's, like, 3,000, but, like, for two. Ballpark, right? And then the suppressors, how much are the suppressors?
JOHN BEDINGFIELD: They typically -- I don't remember on those, but around 1,000 apiece.
MR. GRIFFIN: So, that's another 2,000. So -- but Mr. Murdaugh never took possession of the suppressors because it required some trust or some --
JOHN BEDINGFIELD: More paperwork.
MR. GRIFFIN: More paperwork. And the -- but now the replacement that was purchased in 2018 was only $875. Did you build a replacement?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: Did the price go down in 2018?
JOHN BEDINGFIELD: Well, the lack of accessories, and the cerakoting was included in that as well. The slings on this rifle, the ones we're looking at here, were included in the first one.
MR. GRIFFIN: So, this strip down model of the -- well, was the replacement in 2018 just a strip down model, as basic as you could buy?
JOHN BEDINGFIELD: Pretty much, yes, sir, the same -- similar configuration. As far as I remember, it was a free floated 16-inch 300 Blackout.
MR. GRIFFIN: And you assembled the ones in 2016 and the one in 2018. Is that right?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: And did you get the component parts from the Palmetto State Armory?
JOHN BEDINGFIELD: I'm not sure exactly where they would have come from. The lower receiver would have been, yes, sir, but the upper components, I would source those out from different vendors. I'm not sure where they would have come from.
MR. GRIFFIN: And when you -- well, let me ask you about the -- I guess the ejector. Do you know what that is?
JOHN BEDINGFIELD: Ejector? Yes, sir.
MR. GRIFFIN: And is that upper portion, lower portion?
JOHN BEDINGFIELD: Upper.
MR. GRIFFIN: And is it housed in a -- well, do you put the ejectors in separately or does that come --
JOHN BEDINGFIELD: In a bolt carrier group. They would be already preassembled in a bolt carrier group.
MR. GRIFFIN: And do you know where you bought the ejectors for the 2016?
JOHN BEDINGFIELD: No, sir.
MR. GRIFFIN: Do you know where you bought the ejectors for the 2018?
JOHN BEDINGFIELD: No, sir.
MR. GRIFFIN: Do you keep ejectors in stock?
JOHN BEDINGFIELD: I wouldn't, no, sir. They would typically be -- already been preassembled in the bolt carrier's groups on AR15 style guns.
MR. GRIFFIN: Right, but do you buy in bulk the preassembled bolt carrier group?
JOHN BEDINGFIELD: No, sir. As I -- as someone requests something, I will source it out, see where I can find it and build it, or order parts to put together.
MR. GRIFFIN: Can -- are 300 Blackouts sold without having to have someone like yourself build it?
JOHN BEDINGFIELD: Yes.
MR. GRIFFIN: Okay, and who carries a 300 Blackout if I wanted to leave here and go buy one this afternoon?
JOHN BEDINGFIELD: The most common in the State of South Carolina is Palmetto State Armory.
MR. GRIFFIN: So, they assemble themselves?
JOHN BEDINGFIELD: I was a dealer for them, and I was buying parts from them on a lot of builds as well.
MR. GRIFFIN: And how long have you been selling or building 300 Blackouts?
JOHN BEDINGFIELD: I've been in the business since 2016, so there's a lot of other guns I've built as well.
MR. GRIFFIN: The -- and this list that you had, I'm not going to go through it, but it's Exhibit 247. I'll just put it up on the ELMO. We don't need to publish anybody's name there, but are all of those 300 Blackouts or just various weapons?
JOHN BEDINGFIELD: Various. 45 caliber, 9 millimeter, multi for the lower 410 shotguns, 243 rifles.
MR. GRIFFIN: Okay. You can take it down.
MR. GRIFFIN: The -- and you said these are used and that you recommended that these 300 Blackouts be used for hog hunting?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: And is that -- and this part of the state, are wild hogs kind of a nuisance to game management, property management?
JOHN BEDINGFIELD: A severe nuisance.
MR. GRIFFIN: Explain that, please, sir.
JOHN BEDINGFIELD: They do a tremendous amount of damage to property and crops in this part of the state.
MR. GRIFFIN: How so?
JOHN BEDINGFIELD: They root, as pigs do; they root up crops and woodlands and yards. They're very destructive.
MR. GRIFFIN: And is that the common problem throughout the Lowcountry?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: And have you recommended a number of -- to a number of the customers the 300 Blackout to root out the nuisance hogs?
JOHN BEDINGFIELD: Yes, sir, I have.
MR. GRIFFIN: Do you have any estimate how many 300 Blackouts you've sold over the last four or five years?
JOHN BEDINGFIELD: No, sir, I wouldn't. I've -- a little over 600 firearms transfers. I wouldn't know.
MR. GRIFFIN: Do you think it's more than 100?
JOHN BEDINGFIELD: I don't know. It's a lot, but I don't know how many.
MR. GRIFFIN: All right. The -- okay. You mentioned that you and Alex Murdaugh are related. Is that right?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: How are you related?
JOHN BEDINGFIELD: Our grandmothers were sisters.
MR. GRIFFIN: Okay, and does that make -- and you're ---
JOHN BEDINGFIELD: I call us second cousins. We're cousins.
MR. GRIFFIN: Your fathers were first cousins, correct?
JOHN BEDINGFIELD: Correct.
MR. GRIFFIN: And you spend -- over the years, did you spend time with Alex and the boys?
JOHN BEDINGFIELD: I have. Not a lot with Alex. Mostly with John Marvin.
MR. GRIFFIN: And you go -- have you been camping with Alex and the boys at -- I think that would be the dad and sons, the big camp every year?
JOHN BEDINGFIELD: I have.
MR. GRIFFIN: Have you been fishing with them?
JOHN BEDINGFIELD: Not much.
MR. GRIFFIN: Been hunting with them?
JOHN BEDINGFIELD: No, sir, not Alex. I have with John.
MR. GRIFFIN: You've known Alex for quite some time?
JOHN BEDINGFIELD: Our entire life.
MR. GRIFFIN: Are you -- well, a gift of some $8,000 is a pretty nice gift for two boys, right?
JOHN BEDINGFIELD: Yes, sir.
MR. GRIFFIN: Did you ever observe Alex around his sons, what kind of relationship they have?
JOHN BEDINGFIELD: I have.
MR. GRIFFIN: And how would you describe their relationship?
JOHN BEDINGFIELD: It was always good. When he called me, he was excited about getting these for his boys.
MR. GRIFFIN: And it was a big Christmas for them, I take it.
JOHN BEDINGFIELD: Yes.
MR. GRIFFIN: All right. One second, Your Honor.
(Break in proceedings.)
MR. GRIFFIN: Is it less expensive to buy a 300 Blackout directly from Palmetto State Armory rather than have you build one?
JOHN BEDINGFIELD: It can be, depending on the configuration.
MR. GRIFFIN: And all of the --
JOHN BEDINGFIELD: Any accessories that get added and --
MR. GRIFFIN: Okay. All right.
MR. GRIFFIN: That's all of the questions I have, Your Honor.
JUDGE NEWMAN: Redirect?
MR. WATERS: Very quickly, Your Honor.
REDIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: You mentioned that one of the services that you provide is the cerakoting on the tan one. Is that correct?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: That's kind of a painting process, painting and then baking. Is that correct?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And if someone has a gun and -- is it just tan you cerakote it or are there multiple colors you can choose to cerakote?
JOHN BEDINGFIELD: Multiple colors.
MR. WATERS: Multiple colors. So, if you want to customize your firearm, you can take it to somebody and get them to cerakote it.
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And I can have a gun I've owned for ten years and I decide that I want to get it cerakoted, and I can take it to somebody who can put it in any color that I desire.
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: It doesn't have to happen right at the beginning.
MR. WATERS: All right, and looking right here on page -- the third page of State's Exhibit 247, we have right here multiple calibers of gauge. Is that correct? We have caliber of gauge listed. Is that correct?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And we have a number of different ones right here. That's a 45?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: Is that a 45 ACP?
JOHN BEDINGFIELD: A Colt, yes, sir.
MR. WATERS: All right. 9. Is that a 9 millimeter?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: All right, and then we have -- what does that say right there, multi?
JOHN BEDINGFIELD: Multi, yes, sir.
MR. WATERS: And what does that mean?
JOHN BEDINGFIELD: The lower receivers are stamped multi caliber when they're sold as bare receivers.
MR. WATERS: 410, that's a shotgun round?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: All right. 243, that would be --
JOHN BEDINGFIELD: A 243 center fired rifle.
MR. WATERS: All right. 223 right there?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: And a 9 millimeter right there?
JOHN BEDINGFIELD: Yes, sir.
MR. WATERS: So, you're in the business the assembling multiple different calibers. Is that correct?
JOHN BEDINGFIELD: Well, yes, but most of what is on this page are entire firearms that were shipped to me.
MR. WATERS: Got you. All right. Stand by for me one second.
(Break in proceedings.)
MR. WATERS: Nothing further, Your Honor. Thank you.
JUDGE NEWMAN: Anything further?
MR. GRIFFIN: Nothing further, Your Honor.
JUDGE NEWMAN: Thank you, sir.
(The witness exited the stand.)
JUDGE NEWMAN: Call your next witness.