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0 morning, joe scarborough? >> i wanted to go to the rev, he's on fire today. the commissioner rev, come on, you know, preacher's kids can be tough, right? a lot of pressur but a carpenter and a preacher, i don't know how he did it. >> that's a rough combination, we actually had a candidate quoting the bible this morning. we're going to have a great day deacon scarborough. sfwr amen, reverend sharpton. that does it for us this morning, lindsey reiser picks up the coverage right now. it's 10:00 a.m. in new york, i'm lindsey reiser. right now all eyes are on this courtroom in south carolina as the closely watched double murder trial of alex murdaugh s its final stages. the defense has begun its closing arguments just after a juror was dismissed. let's listen. >> alex murdaugh innocent of these charges and frankly, as he explained that's not natural when you hear on the news that a crime has occurred, an arrest has been made, you feel a little bit relieved, thank god they caught him, and frankly, i would not be surprised if some amongst you when you read in the paper that alex murdaugh was charged with the murder of his wife and son that you thought, oh, good, they got him, but those opinions and each of you when you filled out your questionnaire agreed and affirmed that you would leave those at the door of the courthouse and that you would decide this case solely on the evidence, and that's what the law requires. and when we began, the law also requires you to presume him innocent of these charges. now, i've been doing this a long, long time, and up until the advent of instant replay in sports, it's been very difficult to explain just how to do that to jurors, how jurors can apply this presumption of innocence, and if you're not as interested in sports i apologize for this analogy, but the analogy is the incident replay, whether you're a clemson fan or georgia fan, that on a saturday afternoon there's a play called on the field, and then it's reviewed, and under the rules, the call on the field stands unless there's visual, incontrovertible evidence that the call on the field was wrong. we see that every weekend in fall sports. here the call on the field is that alex murdaugh is innocent, innocent of these charges. that's what the law requires and that unless and until the state proves his guilt to each one of you individually, voting individually, proves his guilt beyond a reasonable doubt, then that presumption of innocence stays with him. you're not being tasked here to give your opinion in this trial. you're being tasked to apply the constitution, the bedrock are principles that protect us all from a government, those bedrock principles are first you get tried by a jury of your peers. second, that the jury of your peers began with presuming you innocent, and third, that you will remain innocent until the government, if they can, proves to you individually in your mind that the person is guilty beyond a reasonable doubt. now, the judge will give you jury instructions on what that means beyond a reasonable doubt. but the definition has been defined that reasonable doubt is doubt that would cause a reasonable person to hesitate when making an important decision in their personal affairs such as to buy a house, get married, any consequential decision. and you will be making -- you will be making when you get this case probably later this afternoon, you'll be making one of the most consequential decisions that you will have ever made in your life, i suspect. i don't know all of your backgrounds, but it will be a very consequential decision. and if the proof that the state has put before you causes you to hesitate when you go to fill out that vote as you're deliberating in your jury room, each of you will have a vote, and you will have the right to vote guilty or not guilty, and each of you will write it out, and if there's any reasonable calls for you to hesitate to write guilty, then the law requires you to write not guilty. this burden of proof that we have, many of you may have had experience with civil cases, and in civil cases the burden of proof is much lower and is called by a preponderance of the evidence, and you may have seen lawyers or judges or watched on tv as they -- as they give a visual image of lady justice who's blind, who's blindfolded so she's not biased from one side or the other, and there's scales on lady justice, and those scales are the scales of justice, and in a civil case if one party proves their case by a preponderance of the evidence, meaning ever so slightly tilt those scales in their favor, then they're entitled to the verdict. there's another heightened level of burden of proof in a civil case called by clear and convincing evidence, and the law requires things like to prove fraud or some intentional acts, you have to prove by clear and convincing evidence, and that's an intermediate level of proof, and so it's not just tilt the scales ever so slightly in the favor of the party that prevails but you have to get sort of three-quarters of the way there. but now proof beyond a reasonable doubt is the highest standard of proof the law recognizes, and it is you have to tilt the scales all the way to one side in order for the state to meet their burden. a little bit about the verdict. you will have an option of guilty or not guilty, my friend over here is a -- he travels a lot. he's been to a lot of countries, and he frequently -- he recently returned from scotland where he attended a jury trial in scotland. it's much like this, except the lawyers wear a wig, and i might benefit from something like that but in scotland it's about the same until it gets time for the verdict in the criminal case. and the jury in scotland where we derive our laws from, they are given three options. one option is guilty, second option is not guilty, and the third option is not proven. not proven. now here in america, we have combined the verdict of innocent and not proven into one of not guilty. and so when you go to render your verdict, if it's a verdict of not guilty, it's either you concluded that the defendant is innocent of the charges or that the government has not met their burden of proof, their heavy burden of proof beyond a reasonable doubt. and one of the reasons that defendants are presumed innocent and that government has such a high burden is because in criminal cases, the defendant really doesn't have the ability, doesn't have the resources, doesn't have the lawful authority to execute search warrants, subpoena documents, to prove his or her innocence, and so a defendant cannot secure a crime scene, cannot lift a crime scene for fingerprints, shoe wear impressions, cannot secure telephones and get electronic data in the course of an investigation, so the defendant is limited on what they can do. in this case on june 7th, 2021, alex murdaugh called 911, and officer deputy green and then follow the other deputies rolled up on the scene, and he is standing on his property. his wife and son lie dead in a pool of blood each. he's within yards of him, and he just put a shotgun down. he had just put a shotgun down. what would that look like 90 out of 100 cases when an officer rolls up, it would look like the person who had the shot gun and two dead bodies may have done it. probably have done it, certainly is someone who should be strongly considered and all the officers in this case told you that. the deputy said yeah, alex murdaugh was a suspect, but there were a lot of suspects out there. everybody was a suspect. fair enough. the agent owen said we had a circle, investigative circle, and it starts with the immediate family members, particularly if they found the deceased, the victims, so he's in the circle by virtue of calling 911 and that's fair enough. but what doesn't strike us as fair is that the next morning on june the 8th after the gruesome murders of maggie and paul, this is what is issued a joint press release, s.l.e.d. that says at this time there's no danger to the public. at this time there's no danger to the public. we have two people who have been executed, within -- was it 100 yards, 200 yards from moselle road. they've been slaughtered, at this time there's no danger to the public? does that tell you that on june 8th law enforcement had decided it had to be alex murdaugh? it's a fair question for you to ask yourselves. it's a question that's not been fairly answered in this trial. but we know from june 7 to june 8, alex is a suspect, and he's in the circle, and from that day forward, he is at the mercy, he is at the mercy of the ability of s.l.e.d. to exclude him from that circle. they have the ability to do the forensic work. they have the ability to interview witnesses, and they have the ability to gather electronic data. and we believe that we've shown conclusively that s.l.e.d. failed miserably in investigating this case. and had they done a competent job that alex would have been excluded from that circle a year ago, two years ago, but he would have been excluded. what did you hear from the witness stand? you hear from chief barry mccroy. i didn't know chief mccroy until i got involved in this case, but his reputation is outstanding. and he's a consummate professional, and he explained that when he got there he was concerned that cars would be pulling up, and there's some tire tracks that were not being protected. and that they could have evidentiary value. and then you heard from mark ball who had a conversation with sheriff hill who's another fine public servant here, and he also -- we've got to stop cars from coming in here to preserve these tire impressions. and it was not done. it was not done. captain chapman testified about seeing other sets of tire tracks. if you had came in off moselle road, you probably saw where deputy green's vehicle had stopped right at the kennels, but then on the other side where you saw that alex was parked and pacing on some of these videos, that's where captain chapman had talked about seeing tire tracks, and he tried to track them. s.l.e.d. was coming on. it was like a trail to nowhere. it was a trail to nowhere. deputy rutland talked about seeing hair in maggie's hands, you'll recall. you didn't hear anything about the hair in maggie's hands from that moment forward. was it tested? was it sent off for analysis? there was no evidence of what, if anything happened to the hair in maggie's hands. was it as a result of a struggle with her assailant? was it her own hair? i mean, we don't know the answer to that. we know that failed to fake fingerprints from the feed row, and they should have. they failed to properly take footwear impressions from the feed room or at the apron right outside the feed room, and i think that's -- i mean, i don't think that's uncontradicted. the agent worley who -- doing the best she can, did not go there to document footwear impressions, did not do that. you heard from our expert what is required, and i believe dr. kinsey also agreed it was not done. and both -- now, i'll get to the shot angles in a little bit, but both dr. kinsey and mr. palmback have this murder standing on the concrete, standing on the concrete, whether one foot's in, one foot's out, both feet are in, but there should have been footwear impressions, but we'll never know because it was not preserved. it was not taken. the thing that has baffled us, has completely baffled us is why did they never take dna samples off of maggie's clothes? her dress. why did they never take dna samples off paul's clothes. they never did. they never did, and we asked their investigator, why didn't you? that's somebody else's job. that's somebody else's job. it was never done, but you know whose clothing they took dna off of extensively? alex. and you heard agent zapota talk about all the different grids on her shirt where dna samples were taken. was alex assaulted on june the 7th? no, he wasn't assaulted. was alex wrestling with the say -- assailant on june the 7th? there's no evidence of that. so why are they taking dna evidence off of alex's clothing in june of 2021? and there's only one reason, and it goes back to this right here. there was only one reason, only one reason is that they had decided that, unless we find somebody else, it's going to be alex. unless we find somebody else, it's going to be alex. the -- and i'll get into more detail about maggie's phone and maggie's phone was not secured properly. maggie's phone was -- let me just go right into it. maggie's phone was found on the side of the road in the morning or early afternoon on june th 8th. whoever killed her threw that phone on the side of the road without a doubt, without a doubt. alec from the get-go has said you get maggie's phone, you get my phone, and you get my onstar data, and you will not see my car traveling down the road with maggie's phone because it did not happen. it could not happen. have you gotten it yet, no, we've not. we sent the black box from on the -- on the chevy to the fbi, it was a new model. turns out the data's encrypted and so we haven't got it yet. well, what about general motors? i'll do what i have to do, whatever i can do, and we're looking into it. we're looking into it. what we learned during this trial is, sure, s.l.e.d. sent a subpoena via fax machine to somebody in detroit, i believe, and whoever got it in detroit, whether there was a number off, i have no idea what the reason was, but we do know the initial response we don't have anything. we don't have any onstar data that you're looking for. there's no indication that s.l.e.d. followed up with a phone call. there's no indication s.l.e.d. followed up with a letter. there's no indication s.l.e.d. did anything other than put it in a file. put the response in a file, and that was it. that was it, ladies and gentlemen, until somebody watching this trial somewhere contacted somebody at general motors and said why don't you guys cooperate with the fbi and s.l.e.d. on this investigation. what are you talking about? so friday, you know, sometime in the last six weeks, l and behold here comes all the onstar data that you got to see. and that would be great. that would be great, but for the fact that when they seized maggie's phone, it had -- they put it in airplane mode, they knew how to put it in airplane mode. excuse me, i'm losing my voice. i need a drink of water, i apologize. they put it in airplane mode, but what you'll see, i got a photograph is the location services were still on meaning still pinging off gps satellites, and the phones don't hold that much memory. they hold a lot of data as we have learned, but they don't hold that much memory, and it writes over itself, and for gps location services, the ping points that we see from paul's phone on all that data, that would have been on maggie's phone for the 7th, but for the fact that it wasn't -- it wasn't extracted until sometime in june 16, i think that's the date, but if i'm wrong, i apologize, but it's around the middle of june. and that pinging information that we see on paul's phone from maggie's phone, it goes back to like june the 9th. a lot of good that does. a lot of good that does. we don't have it. we would have had it had they extracted it earlier. we didn't have an updated upgraded software that would read it. took us a while to get it. i don't know why it took them a while to get it. there's really no explanation about that. but you heard about fair day bags, put it in the fair day bag so it's not pinging against satellites, not overriding. they didn't do that, and it's lost. had they done it, i hope we wouldn't be here. i hope because i know it would say -- because we have enough evidence in the record and we have to go around our elbow to get to our thumb to get there, but there is sufficient evidence in the record to show alex murdaugh was not driving down moselle road with maggie's phone in the car and tossed it at whatever time. i don't know what time they think it was tossed. that would have gotten him out of the circle i would hope but probably not because they've been so focused on him. now, as i mentioned, alec asked multiple times, i think the testimony was five times, agent owen, agent owen, you know, if you get this data it will show i wasn't there. and you know we were -- we didn't learn why they didn't get it off alec's phone until very recently. you'll remember on june 10th, he gave s.l.e.d. his phone, yeah, you can copy it. please copy it because it will show that i wasn't driving -- my phone was not with maggie's phone at any point in time going down the road and i did what i said i did. well, they did extract it, but what we've learned the extraction was a superficial extraction, not because alec requested it, that's just what they did, said a logical surface extraction. they didn't go in and pull out any gps pinging data, like you see on paul's phone. they didn't get it off alec's. now, if alec had not made those requests to owen -- and they are disputing that -- there's one thing you can be 100% sure of is they would have called detective owen up here on the witness stand during their rebuttal case to say, no, he lied. he didn't ask that of me. they got sheriff smalls in here to say i didn't give him permission to put a blue light in his car. they came and challenged whether he had authority from the sheriff or maybe a deputy sheriff to put a blue light in his car. they didn't contradict anything about i've been asking, i've been asking, i've been asking for this data that would get me out of this circle. and now we know why it took so long to get the stuff from this car, it's because the fbi wouldn't go to general motors on this event data. they were -- the fbi bought a suburban, riding around and reverse engineering all these systems to try to come up with reports, and then they come in here and tell you some of it's inaccurate, but this is what we've got. during the middle of that, get onstar. thankfully we did. thankfully we did. so then we roll in to labor day weekend of 2021 where alex, long-time drug problem, his financial issues, misconduct were exposed. and that made him an easy, easy, easy target for s.l.e.d. and i hate to say this, but the evidence is crystal clear from that moment they started fabricating evidence against alec. mr. griffin, that's an awful, awful charge, don't all lawyers accuse law enforcement of fabricating evidence. i can tell you this guy right here, was a federal prosecutor, was a state prosecutor, and some of my best friends are law enforcement, and i don't make that claim lightly. here what you have heard is they came up with a report that says alex had high velocity blood spatter on him. what's that? that means you're within feet of a shooting. they didn't just say any shooting. in their report it says as a result of paul's murder. high velocity blood spatter on his shirt as a result of paul's murder. that was number one. that's statement number one. why not say that it's fabricated, well, you heard agent zapata said we did hema trace confirmory test on that shirt. there's a presumptive test, it turns purple on other agents as well, including bleach. you also heard that the shirt came out of the bag wet and smelled like detergent. they supply it, it turns purple in places, so they think, well, that must be blood. next thing they do at the s.l.e.d. lab is they do a confirmatory test to see is it blood, 0 for 74, not blood, not blood. that didn't stop s.l.e.d. from going out and pursuing with a vengeance this report. they didn't give the no blood test result to the guy in oklahoma and when it surfaced, when it surfaced, they had a problem on their hands, and they were pushing it. you heard the testimony from the stand, they went from mr. bloody shirt leading up to this trial to mr. clean during this trial, and they asked him and they raised issues during the trial, where's clothes, no one's asking about the man's clothes that he had on the snapchat video back in, you know, at 7:00 with a son until november or so, i think is what she said. i mean, the issue of changing clothes, it was late to the dance because when they went to db as you heard, when they went to the collin county grand jury to get an indictment that you're going to be deliberating on, they told that grand jury they had an expert report that said high velocity blood spatter. i asked agent owen, i said when you went to the grand jury and the guy gave you the report, how'd you not know, you're the chief investigator, how'd you not know that there was this hematrace test that says it's no blood. well, i didn't get the email. say in somewhat jest, but you know, did the dog eat his email? i mean, how does the lead investigator in the case not get the lab report that says there's no blood on the shirt? how can you say this on one hand and that on the other hand, and here we are with a mr. clean theory, that he washed off after brutally murdering maggie and paul, he takes a hose and washes himself off. he gets in a golf cart butt naked i guess and drives to the house. so that's the blood spatter fabrication. the other is this blue raincoat with gsr. and remember that testimony. shelly smith who worked for ms. libby and mr. randolph had told s.l.e.d. after september, after the problem had been exposed, after she had a conversation with a allendale police officer following an accident investigation in which she was in an accident, that on the morning she said here that she told you on wednesday afternoon mr. randolph's funeral and that turns out to be i think june 16th that alex shows up at the house at alameda at like 6:30 in the morning knocking trying to get in and he has a blue tarp, and in this blue tarp he -- she lets him in. he goes upstairs with this blue tarp. he comes back downstairs, he lays this blue tarp out on ms. libby's retirement rocking chair for in the living room, and then he leaves, and then she leaves to go to her day job, and when she left, the blue tarp was laying out on ms. libby's rocking chair. that was her testimony. and so s.l.e.d. gets that, gets a search warrant, goes to alameda, and then sees a blue rain jacket. then sees a blue rain jacket, and when they did, they take that blue rain jacket, and they show it and just about everything they can think of, and it's defendant's 87, doug, if you pull it up, but they show this blue rain jacket to as many family members as they can get in contact with, and the rain jacket is -- and no one recognizes it. no one sees it. no said alex's ever worn it, no one's said paul's ever worn it, no one's ever said maggie's worn it. have not seen this blue rain jacket. what am i thinking about this blue rain jacket. when they did the search at alameda, john marvin was there and john marvin asked him, did you find anything? they said, well, we found a blue rain jacket back on the property, back on the property, back on the property, and he said, well, my dad drives a buggy around, maybe it fell off the back of his buggy. clearly john marvin was understanding that it was back on the property, and then they asked him to come look at the blue rain jacket, and he was told it was found in a closet. he was told it was found in a closet, and he said that didn't sound right, and they never clariied it. i'm not going to put it up but 411 is a picture of this closet, and you can see the blue rain jacket that's sort of folded up and stuffed down here at the bottom right. that's the blue rain jacket. and it's apparently right before this trial, they showed shelly smith this picture and said, does that look like the blue tarp you saw? well, yeah, sure, it looks like it. they never showed her this. they never showed her this. and she said this, exhibit 87 on the screen, she'd never seen this. never seen this. but they did gsr testing on this and said, that's hot. a lot of gsr on that. a lot of gsr on that. manufactured evidence, ladies and gentlemen. and then -- and then there's this issue of misrepresenting what are the type ammunition found in the shot guns at the residence at moselle? paul was murdered with a -- first shot was a buck shot through his chest. he was turned this way, went in here, and then out under his arm, and that was buck shot. the second shot was into the head, depending what expert and what pathologist, it was either this way or this way, but into the head, and that was still a tuck shot. i learned that you can't shoot ducks with anything but steel pellets because they don't want lead in the water, so you've got to have steel pellets. and testified, admitted begrudgingly that he testified to the grand jury that there were four weapons found up on the property in the gun room, 12 gauges that were loaded or i'm not saying 12 gauges, i'm sorry, four shotguns that were loaded with buck shot and bird shot. there's four other ones, so that matches. well, guess what totally not true. that was totally not true, and he admitted on the stand it was not true. he admitted telling alec during the interview, he said i can do trickery. but he -- and then i said were you trying to trick the grand jury, no, i didn't say that. well, we walked through it and he did say it. and he didn't remember it, and you'll remember the testimony. people make mistakes, don't you? yeah, that was a mistake. it's okay to make mistakes, right? yeah, and you can make mistakes about time. that's the most common thing people make mistakes about. it's not all right for alex murdaugh who's in the center of the circle, who's -- not all right for him to make mistakes about time, it is not all right according to the same investigate who says it's okay, happens all the time. but here we go, and then eureka, eureka, they finally get into paul's phone in april of 2022, and they see alex -- well, they see cash the dog, and they see paul's feet walking around and they hear voices in the background, one of them sounds like alec. and off they go. they go off and get an indictment from the grand jury, high velocity gun spatter, relying upon four guns having the same load and relying upon a rain jacket that's got gsr on it and alex lying about being down at the kennels. we know after we've been here six weeks, of those four things -- >> to continue review the updated items on your screen. >> i am so sorry. thought that was turned off. i will turn it off. the -- what we know is three out of those four things that was presented to the colleton county grand jury that you're going to be deliberating on aren't true. the blood spatter, no gsr rain jacket that's ever been connected to alex whatsoever, and there's no loaded gun. so we're left with the lie. we are left with the lie. alex lied about being down at the kennels and why did he lie? and that is certainly a fair question, and that's -- and frankly, he probably wouldn't be sitting over there right now if he had not lied. but he did lie, and he told you he lied, and he told you why he lied. he said he lied because, i mean, i'll tell you he lied because that's what addicts do. addicts lie. he lied because he had a closet full of skeletons, he didn't want any more scrutiny on him, which is the most ironic thing in the world because depending on which day of the week, their theory is that he slaughtered his wife and son to distract from an impending financial investigation, but he puts himself in the middle of a murder investigation and he puts himself in the spotlight of a media firestorm. that's their motive. we'll get to that. he lied. he lied because of his drug paranoia kicked in, and he was clearly in the throes of addiction. he lied for all those reasons. but what he didn't lie, what he didn't lie for is because he was covering up the fact that he killed maggie and paul. that is not the reason he did it. doug, will you play the dog kennel video, please? play the dog kennel video. >> please listen to the -- >> pay attention. >> stop hurting him. >> four minutes later the state would have you to believe that alex murdaugh up and blew his son's brains out of his head and murders his wife after having that conversation about bubba having a chicken, four minutes later. their case wants you to believe that this is a family down at the dog kennels doing what families do. they're checking on a dog, bubba's out running around, and they're saying bubba got a chicken. now, why would alex not want law enforcement to hear that? i mean, there's nothing on that tape, there's nothing on that tape that indicates there's any strife, any conflict, any anger, any planning, anybody being afraid, anybody running, anybody scurrying, nothing. it's maggie, paul, and alec down at the kennel. that's it, and their time line is based on the fact that this automatic thing kind of messed me up, but i was going to open this up and say, you know, under their theory, if your phone's not moving for some period of time, you're dead right then. you could be run over in traffic two hours later, but if you're not answering a text two minutes after you receive it, you're dead at that point, and that's their case. that is their case on time of death. is phone stopped moving, you're dead. you've heard testimony from a lot of witnesses. i would say practically every witness who took the stand who actually knew alec and maggie and paul and buster testified under oath how much alec adored maggie, how she was his all, some people describe paul as alec's best friend, his relationship with him was awesome. that was unanimous, unanimous. i want to play just briefly a clip from blanca's testimony about alec's relationship with maggie. >> you also i think in multiple interviews with s.l.e.d. and other folks describe, i think the words were --

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