When courts exclude key evidence from a criminal trial, the prosecution must rely solely on physical evidence and witness testimony, which may be insufficient to prove guilt beyond a reasonable doubt, potentially leading to case reversals and requiring new investigations.
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Deep Dive
Did SLED Ignore a Key Witness in the Murdaugh Case?Added:
This is Hidden Tiller's Live with Tony Brusky and Robin Dreke.
The first time around the prosecution of the trial of Alec Murdaugh, they buried Alec Murdaugh under 12 hours of stolen money and defrauded clients.
The Supreme Court just said that that can't happen again. They gave conditions. They can't say it can't completely happen, but they gave conditions. So now Creighton Waters, if he's going to be the prosecuting attorney here, walks into a courtroom and has to convict on the actual evidence itself, the physical case. The same case where the crime scene sat in the rain, family walked through it, police walked through it, sled walked through it, no murder weapon was ever recovered, no DNA was found on the defendant, and the housekeeper says she flagged a suspicious vehicle to SLED, and they blew it off, told her to go get mental help. Harpootalian is already signaling he's going on the offense. He told reporters the reversal reversal will bring uh reluctant witnesses out of the woodwork. Round two isn't just about whether Alec did it, it might be about whether anyone seriously investigated the possibility that someone else could have. With us to break it all down, Robin Dreke, retired FBI special agent, and also Jennifer Coffindaffer, retired FBI special agent, to help us discuss what's going on here. Uh Jen Blanke Simpson, uh who's been on the show, is going to be on again very soon, says she told SLED about an unidentified white truck at Moselle on the day of the killings, parked near where Paul kept his firearms, and she says they dismissed it. Uh she later identified it more specifically in private interviews than she ever actually did on the stand.
Uh you've been involved in federal cases uh for almost three decades here. When a witness gives you a vehicle near a weapon storage area hours before a double homicide, and doesn't run that down, Um, it makes, I think, a lot of people question the thoroughness of the investigation. Do you think there is going to be a lot of exposure this time around on just how unthorough this investigation was? Well, the defense gets to have hindsight. Sure. And hindsight is a beautiful thing, but so does the prosecution. But, I think in this case it's going to benefit far greater the defense. And yes, in answer to your question, that's a pathetic response. Whenever there is a any vehicle that is mentioned and described, if they're able to nail it down to that exact day and time, remember sometimes people remember things and I have no doubt it happened, but they could be mistaken about the day or the time or exactly when that happened.
Nevertheless, you've got to run it down.
There should be some camera footage or some information related to why the van would be there.
But, I don't recall that that information related in proximity to when this happened. Meaning, like out, you know, minute, hour type proximity. I believe that she, according to to her, I'm just going off of memory here right now, it was like the day of that that this this happened, that there was this vehicle that was going around.
She has a lot of things that she witnessed and that she told to police that never even made it into the trial.
A lot of it's in her book. Um, that because eventually it seems SLED in her perception dismissed her. Told her to go get mental health help.
Um, and I don't think it was in a way of like, "You've been through a lot. Like, it would be good to go talk to somebody." I think it was more like, "Yeah, you're crazy. Go get some help."
That's the way, at least I believe she has interpreted the response from SLED with the valuable information she had.
And she is one of the most valuable people in this case. I just it it it's it's very troubling to me that she was dismissed allegedly in the way that she was by the investigators. For someone being that close with their finger literally I don't want to make on the pulse. I mean, I'm not trying to make a weird reference here. But on the pulse of how that family operates is my point. It's going to be important to get the other side of that story. Yeah. And this and I wholeheartedly believe everything that she's saying, what she what she said was coming back to her, the words that are coming back to her because how things sounds to the person receiving, especially in these high-stress situations, compared to actually what is being done on the other side can be extremely incongruent. And I guarantee I'm not speaking for you, Jim, but I guarantee you've probably seen cases like this cuz I've had I've had people, when I was in another field office outside of New York, um working counterintelligence, that became sources of mine that were extremely grateful that I was their handler and they were going to be cooperating working together with me because quote-unquote, the guy that showed up before you was a jackbooted thug carrying weapons and threatened my life and if I didn't cooperate.
Mhm. The guy is a really good guy and he didn't do that. I actually got video of him doing knocking on the front door being very congenial. But again, that reverse context um and you can't argue ever context because that's how it perceived by the other person.
Um so, that's why it's really important to get both sides. And now also, the hindsight issue is also very critical.
If you want to I I guarantee you this, too. It's easier, like Jen said, for the defense.
But if you want to start picking apart how law enforcement did things wrong in hindsight, you will always find it because there's always the the critical vulnerability in every operation and every investigation. That's human beings, which are not perfect, which are valuable. And especially when you have um I would project probably name confirmation bias going on in this one on any side of it and because you in this part of South Carolina or really in any place, you have power brokers. And when you start having power brokers that wields influence over others, there's going to be confirmation issues that come into play that you have to overcome as well. So, there's a lot of messiness going on there, but that 100% they would have and should have and hopefully at least now run down the leads that uh the housekeeper's given because that's a lot of really critical information that could come come to play. Anyway, just my rant on all of all.
Harpoootlian, like I said in the the intro here, he said something very specific after the ruling and that this reversal will give them access to reluctant witnesses. And if people don't come forward voluntarily, they'll use subpoena.
What's different this round that they they didn't do in round one? I mean, is there more people to call? Is there other angles? Did they not go to reluctant witnesses round one? What's your thought here? Is there more up the sleeve of of Mr. Harpoootlian that for you know, whatever reason was not brought onto the the big stage the first time?
Well, you know, I've always said the number one mistake they made, and I understand that Murdaugh was pushing for this, was him testifying. I make this analogy with him. He was a dog on a wet linoleum floor, sliding around up there, couldn't get anything right. He made no sense. He stepped in it with that video, and that video is never going to go away. That video needs to be the number one piece of evidence because that Snapchat showing Alec at the dog kennels at the time of the murder absolutely ruins the case uh for them. And remember, just because it's a new trial, it doesn't mean the old trial didn't happen from the stand of their testimony that is going to be there that you can't erase. People can't change their minds without being discredited by the what they said the first time. So, it's not like that evidence doesn't exist anymore. And I think they'll keep him off the stand. Um but he might be so so arrogant and psychopathic that he might insist on going on again. I think it'll be a huge mistake. It would be really interesting because he's had time to reflect as well and and try to smooth out his his performance because I I guarantee, you know, he's a performer.
You know, people that can commit these acts, you know, when you're edging higher on the psychopathic scale with a lack of empathy, not cuz again, not diagnosed and all that, but when you deal with someone that can do these sort of things innocent till proven guilty, but he was proven guilty once. So, this is the the retrial trying to surround two. You know, if you start dealing with someone at least on the financial crime side where you can so abhorrently take advantage of another human being, whether it's through violence or or depriving them of a means of living, this is someone that's high on the psychopathic scale in the sense of they have zero empathy and so they're mimicking the behaviors of others and so that was an act. When you're seeing these things, it's not real. They're mimicking what you they think the world wants to see or needs to see and they're trying to make it congruent. So, he might try to get better at that. Maybe being off of cocaine for the last or whatever drugs he was taking for the last three years is going to help him.
Um you know, so who knows, but yeah.
>> [laughter] >> The I I the thing is and yes, and that's the big crux of I think the the whole retrial is they had like 12 days of of evidence for the financial crimes that that very thoroughly and factually showed what a manipulative, narcissistic, self-centered monster Alec Murdaugh is with money.
And where what he stole from and who he stole from, stealing from disabled people. I mean just it's insane. It's horrible. And at the end of it you walk away going, "Yeah, he's totally capable of killing his family." If he's able to do that.
But but if you pull all that out and you don't get it and you get like a very condensed version of it. Um, that impact isn't there. That backstory doesn't exist. So there's not You're not already there with him by the time you get to Alec on the the stand shooting snot out of his nose saying that he was it was the Bubba and whatever the hell he's saying.
Um, all of that doesn't have the the the lead up, the build up. So is it maybe son and the housekeeper part of that arc now? Yeah.
People like that. I wonder how much going into this is going to be a different story from the jump because in trial one we didn't know about Alec what we did with the the video. We knew he was down there. We're going to see how he's going to explain it. And he explained it. He said he lied and he was down there the whole time and it was drugs that made him lie.
Um, if they're going in from the jump on this one that he was down there, it's not all of the trial, all six weeks of it saying that he wasn't and then suddenly it changes at the moment of truth. If day one, yeah, I was down there but you lied about it early on.
Yeah, we've already established that I did and here's why. I mean you can't spend six week going, "Yeah, you lied about it." Yeah, we already established that but this we're we're moving on from that. It it it it changes the whole trajectory of the case. It changes the whole acceptance of the evidence of where he was and why he was there. And I I I think they're going to have to do a lot more explaining beyond just the dramatic moment that we had in trial one with Alec shooting snot out of his face of of why he was there. They're going to have to have a lot more time to to go down that road and it really could change, I mean, who knows what sort of stories they're going to come up with here with that round. How do you think that's going to play out, Jen, with with now that's that's a fact going in on day one of this next trial?
Well, first of all, you make a great point. You know, for anybody who's watched what I think is the best thriller ever called The Sixth Sense, where you go through >> Yes.
that the end you get this huge reveal.
Anytime you've watched a movie like that, that is the problem with this trial. Is the reveal's there and in the other trial it had the biggest impact.
And they're not have that anymore. The other thing is the kennels don't exist.
Remember we heard from jurors that said that was a huge part Yeah. Yeah, well, on the ground. They are not there anymore to see that proximity. Right?
The close proximity and and him there and how he couldn't have walked back from the house and everything. I mean, I think that is going to be catastrophic that they don't have that. Um as as far as their approach, if I were them, I'm going to defense meaning I am going to have an alternative suspect and I'm going to try >> That's a big one. Yeah.
And who do you Do you name it? Do you have a named alternative? Do you have to name an alternative as who it is or just mystery person?
I think they're going to either do one or two things. I think they're going to go the drug route because of his, you know, drug And by the way, Robert, if you don't think he's doing hooch in jail, >> [laughter] >> Oh, yeah. Yeah, the the fruit hooch?
Lemons. Toilet hooch? Yeah, the toilet hooch you make in the jail, yeah. Oh my god.
>> [laughter] >> Alex is a bartender now. He's probably hooched it up. Um but anyway, uh, could be clouding what he ends up doing. So, he might take the stand. But, back to this, I think they'll have somebody, not a person, but definitely, they might go the drug route. Um, I tell you, if Buster turns on him, they could even try to turn on Buster.
Um, I think it's going to be ridiculous and hard to do, but they could try.
Yeah, the the alternate I I know that they'd like to go down the alternate person route, but even after this amount of time, keeping someone silent with people other people knowing for this period of time, and especially someone who's as self-serving and narcissistic as Alex is, he would have thrown someone under the bus, I would think, at this point in time. So, I I really think trying to introduce a third party that it could have been, or that someone's witty enough. I mean, just I it's a to me, it's such a stretch, cuz he I Yeah, go ahead, Tony. What?
>> He was an attorney though, too. You know, like he he has some and I'm wondering if that's the difference here. They were all counting on cuz they had a pretty strong card with Becky Hill. I I think they they knew the odds are pretty good here.
We're going to get a retrial. So, maybe we should all shut the F up and not leak a bunch of stuff from prison that's not going to help us. Let Let's Let's hold on to it for the big show number two.
I'm wondering how much of that was played in zero two, and and the fact that he was an attorney, and that he has that sense about him, unlike someone like Corey Richens or something.
That's possible.
Well, the other thing is, you have the boat aspect, right? Yeah. The whole death that happened, and people that could have And remember, he said >> person, right? I just said, "And there's this, and there's this, and there's this. Sorry for you." All right, keep going. Yeah, I mean, there's so many, and he said that on his initial interview. Remember the spontaneous, "Oh, you know, do you have anybody that could Well, actually, I do. My son was involved in" Exactly how people don't act when their whole life has been destroyed in front of them with their wife being murdered with a rifle as she crawled away and was hunted and their son having their head blown off. You don't say, "Well, you know who could have done it is the people that are upset about the boating accident." Um so he's already thrown out that little whisper of a possibility. They're going to look at it all and they'll figure out what works best. That's what they'll do.
Yeah, it'll be interesting. All right, an interesting aspect of it was when the when he was held, you know, when he got shot in the car where the bullet grazed him. Yep, that's the one I was thinking of. The initial thing he did when they were trying to do a sketch of who he was claiming did it, he was trying to do a sketch of one of the kids from the boating accident.
You know, that that looks well at least that's the assumption cuz the sketch who he described looks suspiciously like that. Like he's still trying to set up that story. So it's who knows. I just I'm excited to see him on the stand again hopefully and and hopefully maybe they go down a road that doesn't work and at the end he's like, "It's all because of the prison hooch, the bribe. I had a bad lot in there and it just it affected the brain of meeting of amoebas in my head and you know, who knows where he's going to go with it." I I just look forward to impersonating impersonating Alec Murdoch more cuz it's I'm excited to see him on the stand again or just be in defense again just to watch him squirm and be uncomfortable and lose. Just knowing he's already in jail. You know, and that's you know, that's my only fear is that somehow or other because I remember when he originally after he's convicted of this and sentence and he played on the financial crime aspect, we're like, "Why would he do that? That's interesting.
Does he have something up his sleeve that he's going to do on the" I just hope that everything on the finance side stands so that no matter what he's still in jail and probably going to die in jail. So that way we can watch him squirm and to tell it it would just be so awesome to watch him lose miserably again.
Now, the odds are he will.
>> but it is innocent until proven guilty.
Innocent [laughter] until proven guilty.
Yeah, we'll see.
>> Twice. Yeah, your thoughts in the comment section on Substack and YouTube.
We'd love for you to to weigh in. Want more on this case and others? Then press subscribe now and don't miss a moment [music] of true crime coverage from Tony Bruski and the Hidden Killers Podcast.
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