From DNA to Curtis Smith, SC lawyers in Murdaugh double murder trial fight over evidence in court

A South Carolina judge on Thursday sought to find a resolution to calm tensions between lawyers that erupted in a Florence County courtroom over evidence in the looming double murder trial of disbarred Hampton County attorney Alex Murdaugh.

Those eruptions, on public display in court, have risen sometimes in anger to the surface in legal motions after Murdaugh’s defense team, Dick Harpootlian and Jim Griffin, accused the state Attorney General’s office of “playing games” and withholding crucial evidence it plans to use against their client.

Creighton Waters, the lead prosecutor, has denied the defense claims that it is withholding evidence, including those made in a scathing 14-page motion filed late Wednesday that accused defense lawyers of “prejudicing the public” by making “inflammatory” demands that could not be granted nor are realistic.

Waters on Thursday called the case “extremely complex,” but said the office is doing “everything in our power” to hand over evidence — from cellphone data to forensics — to the defense.

Defense said that evidence that prosecutors have not turned over includes a DNA swab of a witness, Eddie Smith, complete autopsy results of the victims, geo-fencing data and a cellphone location report still being put together by the FBI.

In rebuttal, Waters old Judge Clifton Newman that the state has turned over to the defense vast amounts of evidence and continues to comply with numerous defense requests.

“I didn’t say no to a dad-gummed thing,” Waters told Newman. “We’re not trying to hide anything. We’re ready and looking forward to be able to present this case in front of a jury.”

Murdaugh, 54, was indicted in July for the murders of his wife, Maggie, 52, and son, Paul, 22, after a 13-month investigation by the State Law Enforcement Division and prosecutors into their deaths.

Murdaugh has said he found their bodies on the grounds of his 1,700-acre family estate the night of June 7, 2021.

He has pleaded not guilty, and prosecutors say he is the only suspect.

A jury trial has been scheduled in Colleton County for Jan. 23 through Feb. 10 before Judge Clifton Newman.

On Thursday, Waters told the judge that complexity of the case — unique in state history — is that the Murdaugh investigation not only involves a double homicide, it involves major white collar crimes. Murdaugh is accused of stealing more than $8 million from numerous people, as well as and drug trafficking.

At times, the hearing was contentious.

When Harpootlian accused prosecutors of delaying because they were “expert shopping” — looking for a scientific expert who would support their theories of the case — Waters jumped to his feet exclaiming, “We did not, your honor, we did not ‘expert shop.’”

“The more we get from the state, the less we think they can prove our client guilty,” Harpootlian told Newman, adding that there are no eyewitnesses and no video of the crime in progress.

At the end of the nearly two-hour hearing, Newman gave defense attorneys some of what they requested, including limited power to subpoena various witnesses with the judge’s approval. But he declined to give them blanket authority to issue multiple subpoenas.

And Newman also ordered prosecutors to give a more specifics in writing about the time of the killings.

Prosecutors have been vague about what time the killings took place other than to indicate it took place sometime around 9 p.m. on June 7, 2021, at the family’s estate, known as Moselle.

Newman also said that while the trial may well meet its projected start date of Jan. 23 in Colleton County, both sides are following an unusually compressed timeline, since most murder trials take at least a year to start.

Newman said that “the state is making a good faith effort to comply.”

More evidence in Murdaugh case comes to light

Since the killings, scant information about possible evidence in the case has been released by prosecutors or by Murdaugh’s defense team.

But on Thursday, Waters, Harpootlian and Griffin mentioned snippets of information about possible evidence that may surface during the trial in a broader context. They included:

▪ A video taken at the death scene that shows Murdaugh was there are 8:44 p.m. and other evidence showing he left Moselle at 9:06 p.m., Waters said. Harpootlian did not deny the video exists, but said the video shows a happy family.

▪ DNA from Eddie Smith that has not yet been compared with any DNA on Maggie or Paul’s clothing, though prosecutors have had a DNA swab from Smith since last January, Harpootlian said.

▪ Investigators did a gunshot residue test on Murdaugh’s shirt and shorts and only found three particles on each clothing item, and one particle on his hand, Griffin said. Murdaugh had gunshot residue on him which came, Griffin said, from a gun he took from his home for his own protection after he called 911 to report his wife and son’s deaths. If Murdaugh were the actual killer, he would have been “covered” in that residue, defense attorneys said.

▪ Some 400 gigabytes of data that prosecutors gave defense, but that they argue they cannot access. Prosecutors indicated they would help the defense find that material.

▪ Although Murdaugh told people he didn’t go anywhere near the site where the bodies of his wife and son were found, cellphone data shows he was actually there, Waters said.

Harpootlian said his arguments aren’t intended to accuse Waters of anything unethical or improper, but said his experts need time to examine the evidence themselves.

“This is about due process, this is about equal protection, this is about fairness,” said Harpootlian, standing beside a silent Murdaugh, dressed in a dark blue blazer and a lighter blue button up shirt with no tie and handcuffs that were chained around his waist and leg irons fastened to his ankles.

Harpootlian noted Murdaugh, who he said was “trussed up like an animal,” did not want to be in court Thursday and would rather be in jail looking through discovery, and should be allowed to sign a statement waiving his presence from the courtroom. The judge said they’ll deal with his appearance on a hearing by hearing matter.

Griffin explained to Newman Thursday that the conversations between defense and prosecution have been “cooperative,” but said there have been “gaps and missing information” in what the defense has received.

“We provided all the tests,” Waters said.

Lawyers argue over Curtis ‘Eddie’ Smith evidence

Roughly three months before what will be one of the most closely-watched trials in South Carolina history, Murdaugh’s attorneys have sought to enter another possible suspect: Curtis “Eddie” Smith.

“Smith decidedly failed a polygraph when questioned if he murdered Maggie and Paul,” the defense motion filed last week said. “The reason Smith failed the polygraph when asked if he murdered Maggie and Paul is because he in fact did commit these heinous crimes.”

Smith’s attorney Aimee Zmroczek told The State newspaper last Friday that her client is innocent and has an “ironclad” alibi for the time the killings took place.

Smith, 62, an alleged co-conspirator of Murdaugh’s, is accused of drug trafficking and running a longtime laundering scheme that involved some $2.4 million allegedly stolen by Murdaugh, prosecutors said in court in August, after which a judge revoked Smith’s bond.

Prosecutors have described Smith’s crimes as linked to those allegedly committed by Murdaugh, who, over the course of several years, gave Smith $2.4 million in checks, which then was converted to cash and returned back to Murdaugh.

Smith is also accused of working with Murdaugh in a botched suicide-for-hire plot to collect $10 million in life insurance to be given to Murdaugh’s oldest son, Buster that occurred last Labor Day.

Smith was charged in the shooting, but denied he fired the shot, telling NBC’s “Today” last year that “I didn’t shoot him. If I had shot him, he’d be dead. He’s alive.”

Harpootlian noted in court Thursday that prosecution plans to put Smith up as a witness in their case against Murdaugh. But Waters told Newman that there is not a cooperation nor a plea agreement with Smith, it is only an interview agreement that does have a polygraph requirement.

As much as the defense may want to make this case about Smith, currently indicted for 19 felonies, Waters told Newman, “This case is not about Curtis Eddie Smith. Curtis Eddie Smith is not the center of this particular case.”

Countering Waters, Harpootlian said he isn’t saying Smith committed the murders, but added it “certainly sounds like” Smith could have done it and, as Murdaugh’s attorney, it’s his “duty to pursue.”

“Mr. Waters knows that Mr. Smith visits the murder scene on numerous occasions to commit illegal acts by leaving drugs there, so we know he knew how to get there surreptitiously,” Harpootlian said. “We know his DNA, as of today, has not been tested under Maggie’s fingernails.”