A state agent insisted Tuesday he heard a possible confession from Alex Murdaugh even after defence attorneys for the disgraced South Carolina lawyer slowed the audio down during Murdaugh's double murder trial.
At question is whether Murdaugh said "I did him so bad" or "They did him so bad" as he sobbed and spoke to state agents during a recorded interview three days after Murdaugh's wife and son were killed.
State Law Enforcement Division Senior Special Agent Jeff Croft testified he was "100% confident" Murdaugh said "I." That could be interpreted as a confession from Murdaugh that he fatally shot his son Paul with a shotgun near kennels at their Colleton County home and hunting lodge on June 7, 2021. Murdaugh's wife, Maggie, was shot several times with a rifle and her body was found nearby.
Prosecutors haven't explained why they have emphasized the comment.
"What were the things going through your mind when you heard, or misheard, `I did him so bad?"' defence attorney Jim Griffin asked Croft during cross-examination. "I wasn't a good dad? I spoiled him? Or, I killed him?"
"It was definitely something we needed to follow up on," Croft said.
The agent said he didn't ask for clarification that day because he thought it was too early in the investigation to confront Murdaugh and lose his cooperation. Griffin asked about an interview three months later and Croft said the agents didn't get to asking about that but did ask Murdaugh point-blank if he killed his wife and son.
Griffin asked if it would be up to the jury to decide the truth.
"They get to hear the tape and make their own mind up on what he said, yes sir," Croft responded.
Murdaugh, 54, is standing trial on two counts of murder in the shootings of his 52-year-old wife and 22-year-old son. Murdaugh faces 30 years to life in prison if convicted.
Croft's testimony wasn't only about Murdaugh's statement. He assisted the chief agent investigating the killings and dealt with a wide range of evidence.
As with much of the first four days of testimony, there were interesting bits and pieces from prosecutors, often provided without further explanation like a US$1,021.10 receipt from a Gucci store with an item circled or Maggie Murdaugh's cellphone recovered on the side of the highway a short distance from the family's property.
The defence used their cross-examination of Croft to try to poke holes in how the investigation unfolded. Croft was asked if he knew why state agents didn't search Murdaugh's home in the hours after the killings for dirty clothes, possible blood in drains or other evidence. Croft said he didn't know what other agents did.
Griffin also asked Croft why agents didn't search Murdaugh's mother's home until September -- three months after the killings -- even though that was the only place Murdaugh said he went before finding the bodies.
"I know I did not go and I'm not sure what any of the other agents in the investigative circle had done," Croft said.
The next witness called up Tuesday morning testified about phone records from Murdaugh, his wife and son and others in the case.
That may lead to another piece of key testimony prosecutors mentioned in their opening statement -- a video made by Paul Murdaugh at the kennels about four minutes before he stopped using his cellphone where his father's voice can be heard.
Alex Murdaugh told police hours after the killings and repeated in Croft's interview three days later that he wasn't at the kennels that night.
Murdaugh also faces about 100 charges related to accusations of money laundering, stealing millions from clients and the family law firm, tax evasion and trying to get a man to fatally shoot him so his surviving son could collect a $10 million life insurance policy. He was being held in jail without bail on those counts before he was charged with murder.
Since the killings, Murdaugh's life has seen a stunningly fast downfall. His family dominated the legal system in tiny neighboring Hampton County for generations, both as prosecutors and private attorneys known for getting life-changing settlements for accidents and negligence cases.
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