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The judge in imprisoned and disbarred lawyer Alex Murdaugh's second murder trial said today that a defense theory about the missing murder weapon's possible connection to other shootings in South Carolina isn't enough to force prosecutors to produce a list of shootings involving a certain ballistics type. Murdaugh's lawyers wanted prosecutors to provide a list of every reported crime in two South Carolina judicial districts since Jan. 1, 2021,
The judge in imprisoned and disbarred lawyer Alex Murdaugh's second murder trial said today that a defense theory about the missing murder weapon's possible connection to other shootings in South Carolina isn't enough to force prosecutors to produce a list of shootings involving a certain ballistics type. Murdaugh's lawyers wanted prosecutors to provide a list of every reported crime in two South Carolina judicial districts since Jan. 1, 2021, "in which a .300 Blackout cartridge casings or projectiles were recovered." They also wanted prosecutors to provide cartridge casings and projectiles from two incidents. Attorney Dick Harpootlian said the information is needed to counter prosecution expert testimony that the missing gun used to kill Murdaugh's wife, Margaret "Maggie" Murdaugh, and their 22-year-old son, Paul Murdaugh, on June 7, 2021. "We know he said Blackout was a very rare gun, not used in many — any, any — murders he knew of, and yet the records we received indicate that prior to to the to the to the murders of Maggie and Paul, there were two incidents in that vicinity involving Blackouts, blackout cartridges," Harpootlian said. Harpootlian said he doesn't believe "it's that many shootings." "We think it's about nine, maybe 10," he said. State officials "can put in a code ... hit a button for those counties, and it'll pop out. ...This is not rocket science. No one's going to sit down and pull fouls off a shelf and look at them like maybe we see on TV," he said. "Well, what if there's an ongoing investigation?" asked Judge Debra McCaslin. "We just want to we just want to look at the cartridges. We're not going to do anything with them," Harpootlian said. The judge said the defense did not show "that the requested information is material to the preparation of the defense are otherwise subject to disclosure." "SLED [South Carolina Law Enforcement Division] has conducted testing, and at this time, no ballistic matches have been identified linking the evidence at issue to another weapon, crime or investigation. The defense's contention that the weapon might be connected to an unsolved crime, I believe, is speculative and is not supported by a reasonable factual basis beyond the cited news reporting. Such speculation is insufficient to satisfy the materiality requirement under Brady," the judge said, referring to the 1963 U.S. Supreme Court Brady v. Maryland, which mandates the release of potential exculpatory evidence. "The court further finds that requiring SLED to undertake the requested review would impose a substantial burden in terms of cost, time, and laboratory resources, and would intrude upon or require review of information relating to other investigations. More importantly, some of these investigations are ongoing. Under these circumstances, the court finds no sufficient basis to require SLED to undertake such an unprecedented manual review of this evidence," the judge said. #law #crime #court
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