no. trace: of course, he s laying the ground work for the appeal. bob, your thoughts. he s bringing out statements about the footprints and the investigative errors and there were errors in this case. that would be a great appellate issue. the appellate issue at play from every homicide prosecutor including myself is the introduction of the character evidence that they call it for 404 b evidence. that evidence that rule is a rule of exclusion, which means you just can t go to trial and beat somebody up that they re a bad person or no good. therefore, they must be guilty of this crime. however, there are exceptions to that rule. for example, if the evidence goes towards motive, the government argued all the previous financial crimes should be admitted as the motive to why it is he killed his son and his wife. now, that s really on the line. the judge allowed it in. what most of us fund problematic this is whether or not you like murdaugh or not.
does not make him a murderer. great point, ashley, and i m in your camp also secured always had a problem with financial crisis problem. i never saw a next is why he would kill his wife and his son because of that. also, i think legally, it is really got to be an appeal issue. because we don t want juries convicting individuals based on bad character. but mode of evidence, that is the reason for the killing. i think that is where if there is a not guilty, that may be the jury saying to the prosecutor, we don t leave this mode of evidence. but at the same time, they have this horrible bad character evidence out against alex murdaugh. the fact he is a thief, liar, took advantage of his law partners and very sympathetic victims. and i think that pushes the jurors over into a guilty, given the timeline that i just went through. todd: okay, if you were
the defense has done a really good job of saying this could have been two people proposing these alternate theories and a really good job of talking about the sloppy crime scene investigation. all of that, we re going to see a lot more of as the defense takes over and starts to bring their own experts on the stand. for the prosecution, do you feel like they have proven its case? great point, because it s the prosecution s burden. this is a circumstantial case. but i will say they got a big win here with all of this evidence coming in on the financial crimes, again, i think another potential appellate issue. the defense is saying this is a pile-on. now we re hearing about all these financial crimes that have nothing to do with the murder and it s incredibly prejudicial. the jury will be instructed evidence of financial crimes is not evidence to murder, it s evidence to motive. the prosecution would not normally be able to bring in character evidence.
yesterday by this judge really to allow the bad character evidence really, really turns the table against alex murdaugh and it will be a game changer for this trial. bill: how come? we do this all the time for any defendant. when you allow prior bad acts and tell a jury don t look at this evidence that this defendant has a bad character. we ll look at it for some exception to the rule. in this case the exception is the motivation. if i walk into your stud owe and i m 600 pounds and said don t look at my weight that i m fat but not motivated to go to the gym. at the end of the day the jury will look at me and say i m fat like they will say he is a criminal and criminals are capable of committing murder. that s the game changer. that s what they ll do. bill: forensic expert said there was gun residue on the
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