WALTERBORO, S.C. — Thursday was the tenth day of testimony in the Alex Murdaugh double murder trial, with more prosecution testimony about his finances and evidence collected by police.
Murdaugh is accused of killing his wife, Maggie, and adult son, Paul, at the family's large estate in Colleton County in June of 2021. Murdaugh is also facing charges of taking millions from his law firm and clients over several years.
The defense is arguing that investigators and the prosecution rushed to judgment in the case. The prosecution says Murdaugh acted alone in killing his family members.
You can find trial updates here every day. Live streaming coverage can be on wltx.com, on the WLTX+ streaming app on Amazon Fire and Roku TV, and on the News19 WLTX YouTube page.
Thursday Alex Murdaugh Trial Updates
Thursday morning began with the continued cross-examination of FBI Agent Dwight Falkofske.
Falkofske presented decrypted information retrieved from the infotainment center of Alex’s 2021 Suburban and was able to create a timeline of when the Suburban was in and out of the Park gear the night of June 7, 2021. One portion of that timeline showed the vehicle being shifted out of Park around 9:06 p.m. and used continuously until 9:22 p.m. (roughly 16 minutes) when it goes back into Park and remains in Park for 21 minutes before going out of Park at 9:44 p.m. and being used continuously for another 16 minutes before being shifted back into Park at 10 p.m. This sequence seemed to support testimony given on Tuesday by Mushelle Smith, the caretaker at Almeda for Alex’s parents, who told the court Alex had come to Almeda that night and stayed about 20 minutes.
Falkofske’s data-sourced timeline also shows the Suburban going in and out of Park numerous times between 10:01 and 10:13 p.m. the night Paul and Maggie Murdaugh were murdered.
Falkofske did say on Wednesday the data only showed when the vehicle was shifted in and out of gear, not if it traveled any distance or if the driver was known. The Suburban’s infotainment center – the digital brain of the vehicle – also recorded data from Bluetooth connected devices, such as cell phones.
Defense attorney Phillip Barber was in his cross-examination Wednesday afternoon, asking Falkofske: Do you recognize this printout of Bluetooth connected devices? Falkofske had responded: The format is familiar but would have to go into original HTML document to pull up the original data. Falkofske needed to retrieve his computer to check the data and that was when Judge Newman recessed court for the day.
Barber begins the morning asking about Falkofske’s method of extraction the information. The extraction and analysis took a year. Falkofske did not reach out to GMC because the team wanted to get the data themselves without manufacture’s assistance because they sometimes get data that the manufacturer may not know exists.
The list of outside events – when something occurred with the vehicle – is the iPhone connection through Bluetooth.
The only phone connecting in June is Alex’s iPhone.
Is this something you also had to reverse engineer? Yes
The event looking at the device connection is the phone connection to Bluetooth ? yes
Connected devise means phone is paired w vehicle? Yes
The connection is automatic? Yes
Were you able to get location data? Limited location data from infotainment center; limited from OnStar
None for June 7? No location data retrieved
Chris Wilson, Wilson Law Group
Wilson grew up in Bamberg, practicing law since 1995, and has owned his own firm since 1998, specializing in personal injury cases. Wilson testifies he has known Alex Murdaugh since high school. They became close friends at University of South Carolina Law School, and the two have worked together professionally. Wilson considered Alex to be a close friend, saying they talked on phone together almost every day. He said he thought he knew Alex very well.
As to their work history, Wilson said PMPED handled the bigger cases and Wilson tried 25-30 cases with PMPED. Wilson said he called Alex if he thought it would benefit his client.
He testified their cases worked on a contingency fee – atty and client agree on front end at retention, no atty fee up front, atty has interest in case and receives a portion of the fee on recovery (30-40%); atty fronts all costs of the trial. Travel, depositions, costs are separate from the recovery fee.
On shared cases, recovery is agreed to between lawyers on the case on fee split 50-50 on atty fees.
Did your office handle check disbursement? Yes, with exception of 1 or 2 cases. Wilson says he would generally handle the disbursements to client and to firms (in this case PMPED). Wilson testifies money comes to his office, and he would write checks for the lawyers’ fees, cost fees, and to medical fees and the remainder to client.
Normally the checks were written to the law firm? Yes, to PMPED
When you wrote a check – did you write one or two? When he was first starting out, Wilson says, fees and costs were in one check. Then, about 10 years later, fees began to be written in two separate checks so the law firms can correctly record which monies were for lawyer fees and which were cost recovery.
Wilson says he is the is only one in his firm with signature authority. His assistant Vicky Lymon helps pull the cost sheets together.
In the case with Mack Truck (the Ferris case) Wilson testified he contacted Alex to join the case. He said a lawyer he knew contacted him about a client and it seemed to be a case involving product liability. A drive shaft fell off a truck on a highway and a motorist ran over it and that resulted in injuries. Wilson figured there was probably a defect in the truck and knew Alex specialized in that type of case and Wilson needed someone to step in fast who knew that they were doing so Wilson go Alex involved.
How was the litigation? It was brought in 2 cases – 1 for the wife for loss of consortium (deprivation of benefits that a familiar or intimate relationship offers) and 1 for the husband’s personal injury.
Wilson says Mack Truck went into default in the wife’s case, initially contacting the husband. But when Alex became involved, the truck company called and talked about an agreement for trial without jury. Both parties agreed to waive the right to appeal, and Mack Trucks agreed on a settlement in January 2021 – combined the settlement was $5.5 million with $4 million going to the husband and $1.5 going to the wife.
Wilson testified Alex did the closing arguments before the judge in the case and became emotional. Wilson said it was a very emotional case.
The $5.5M meant the agreed upon lawyers’ fees were to be $791K for Wilson and $792 for Alex.
Wilson said the amount of $5.5M was received into Wilson Law Group’s trust – one partial payment was wired there in mid-February 2021, the remainder in late February 2021.
Wilson testified according to South Carolina law, check of this nature have to be held at least 10 days before disbursement. Wilson said, because of the large sum, he was going to wait longer than the 10 days but contacted Alex to tell him he had the money in trust.
Wilson is shown document and describes it as a text string between himself and Alex, dated March 10, 2021. The text from Alex reads, “I need to get check today, if it’s not too much for you,” and Wilson responding, “I’ll work on it.”
Wilson is asked if he was asked to do anything different with the disbursement? Wilson responds: Yes. Alex told Wilson he was going to put his attorney fees into an annuity and check needed the check to be made out directly to him. Wilson said Alex indicated he was putting money away for the boat case.
Wilson is asked what was Alex concerned about? He responds: His exposure in civil case on boat case. Wilson said Alex told him he had cleared it with other partners, and he was going to get the money on books and the firm would settle up at the end of year. Wilson said he believed Alex and trusted him.
Wilson said he told Alex he was on the road, a bookkeeper was making out checks, and if he got back in town in time, he’d give Alex the check. Wilson testified the request at the time didn’t set off any red flags, there was no reason not to trust Alex.
Wilson wrote a couple of fees checks -- one in gentleman’s case and one in wife’s case -- a total of $792K. The checks were written directly to Alex rather than PMPED as requested.
Wilson is handed a document and he recognizes the initially check for $600K on March 10, 2021, with the notation “fees” on bottom. That check was voided and rewritten into two separate checks (one for $375K, another for $225K).
Wilson says he was told by Alex he needed two separate checks because Alex was doing three separate annuities for the boat case, so he needed separate checks totaling $600K.
Wilson identifies a check for $192K to Alex marked “fees” for wife’s case and on the back of the check, it is endorsed by Alex for deposit at Bank of America; the re-written check for $375K, and the rewritten check for $225K were endorsed in the same fashion and all dated March 10.
Wilson then identifies two checks payable to PMPED for cost reimbursement -- 1 for wife, 1 for husband -- each $14K and dated May 13, 2021. The checks would have been accompanied in package with a partial fee sheet and a cover letter with the signed fee agreement.
PHOTOS: Alex Murdaugh murder trial - Day 14 (Thu, Feb. 9)
Wilson is asked and says again the Wilson and Murdaugh families were close but haven’t had such a close relationship since it was found out that money stolen.
Wilson testifies he was waiting for final costs to come in so cost checks had not been sent but held in escrow. Bills coming in through late April.
Wilson was asked if Alex mentioned exposure in boat case? Yes. Wilson said when he asked to get checks cut certain way, Alex mentioned the boat case.
When asked to do make the checks out a certain way, what was Wilson’s perception of Alex’s financial situation? Wilson answered Alex was in a big law firm, made more money than he did, he saw Alex as one of the biggest producers in the firm, spent money, didn’t seem to have trouble and, overall, Alex specifically was doing really well. Wilson said he trusted him because he had dealt professionally and personally with Alex for a long time. Nothing gave Wilson the impression Alex had money troubles, and Wilson said he had no reason to doubt him.
Regarding the cost reimbursement checks presented on May 13, 2021: Wilson says the general practice was to mail checks to the firm. After the checks were mailed, Vicky got an email from Annette Griswold at PMPED. Griswold, one of Alex’s paralegals, was asking where the fee checks were. Vicky told Griswold the fee checks were already paid to Alex.
During the first part of June, Wilson testifies he becomes aware of an email string from May 27, 2021, from Jeanne Seckinger (CFO at PMPED) to Griswold about the expense check disbursement didn’t match PMPED records and Griswold is asked to reach out to Vicky for more information. The email was resent on June 2 and Vicky emailed back, saying she had forwarded the request to Wilson. Wilson testified he told Vicky he would deal with it.
Wilson testifies as best he can recall, PMPED’s Lee Cope approached him asking about the Mac Truck (Ferris) disbursement and he told Cope that some money was being held for fees in Wilson’s trust account.
Wilson said he told Alex about email exchange and told Alex if he thought he needed more money for fees to please give Wilson a cost list and Wilson would work something out. Wilson said Alex told him he would talk to the partners about case and Wilson thought it was taken care of and there were no other problems. Wilson did nothing else regarding the case.
Another conversation after June 7, Wilson asked Alex if everything was alright and Alex said everything was fine.
Meadors asks Wilson: On the day you got the email, did you call Alex on June 2? I think it was that day
Do you remember June 7, 2021? Wilson answers, yes.
Gamecocks played baseball that weekend before? Wilson answers, yes. He and his wide saw Alex and his family at the game.
On June 7, what did you do? Wilson answers, he went to office, had lunch with a friend, headed home to Columbia. When he got home, he hung out with wife and kids watching tv. He said he was late getting home.
Did Alex call you? Yes, Wilson says. He thinks it was around 9:15-9:20.
Recognize the phone log? Does it reflect a call on June 7, 2021? Yes. Wilson said he and his wife were watching tv, and he was messing with a pool pump when Alex called. Wilson said he told Alex he was busy with the pump, and could he call him back? Alex said yes
Meadors asks Wilson if Alex sounded normal on the call? Yes. Wilson said he fixed pump and called Alex back at 9:20 pm. He said Alex told him he was about to get to his mom’s house could we talk later? Wilson said he asked Alex how his mom and dad were doing, and that he had cases needed to talk to Alex about. This call is 3 minutes long.
Wilson said Alex texted him later asking if Wilson was still up – records say the text came in at 9:52 -- and to call him if still up. Wilson called Alex and Alex didn’t answer. Wilson said he called a second time at 9:53 and Alex picked up the call. Wilson said he asked Alex about his mom and Alex said she was fine; Wilson said there was a case they needed to talk about, and Alex told Wilson he was about to go home and asks if he can call tomorrow.
Wilson testifies he went to bed while his wife stayed up. He said he found out about Maggie and Paul after his wife answered phone call from Randy Murdaugh and wakes him up. Wilson said he had a text from mutual friend about Paul and Maggie. He said he told wife he needed to go to Moselle. Around 11 p.m., Wilson said he tried to phone his kids, got dressed and headed to Moselle. He said he called friends along the way, repeatedly called his daughter -- who was close to Buster and Paul -- and called Randy Murdaugh to tell him he was on the way.
Wilson says got there at 1a.m. and went through the main gate and headed to house. He said he almost went to the kennels, but John Marvin and Randy waved him to the house where Alex was. Wilson walked in and hugged Alex and cried. Wilson testifies a lot of people were already there in the house. Wilson says he stayed until around 5 a.m. then to Bamberg and slept in his office. He testifies he returned to Moselle around 9 a.m. the next day.
Meadors asks if Wilson ever talked to Alex about that night? Wilson responds: He didn’t want to know what Alex found that night and have him relive it, so I didn’t ask. He was there as a friend and didn’t need to know details.
Meadors asks if Wilson if he asked Alex about fees? Wilson answers he didn’t know at the time there were any issues with the fees, so he didn’t ask about them.
Meadors asks Wilson, so you did what you could to be a supportive friend? Yes, he tried to stop by and talk to Alex, thought Alex needed to get out, and Wilson was worried Alex might kill himself. He and Alex’s law partners worried and tried to keep eye on Alex.
Meadors asks: A few weeks go by. Did Alex make calls about fees? About mid-July Alex tells Wilson he hasn’t been able to set up the annuities for the boat case – Alex said he messed it up and need to send the fee money back to Wilson to run back through Wilson’s trust account to get new checks cut. Alex sent back $600K of $792K in two wire transfers on June 15 and 16 -- one transfer was from Palmetto State Bank, the other one from Bank of America. Wilson testified he had disbursed $792K to Alex and he was $192K short. Alex said he didn’t have the $192K because he had that in account he couldn’t touch and asked Wilson to send an email to PMPED so the law firm would know the $792K was in Wilson’s trust account. Because Alex didn’t have $192, and Wilson is responsible for the trust account, Wilson said he had to put $192K of his own money into trust account to cover Alex. Wilson testified he did this because he cannot tell someone he is holding money he doesn’t have in trust.
Meadors asks: So, you got $600K through two wire transfers and wrote $192K on a personal check and then sent an email to Alex to forward to his firm on July 19, 2021. Yes, says Wilson.
Meadors: and at that time, there were no more inquiries about the account? Wilson says he asked Alex when he would be repaid the $192K in August at a convention at Hilton Head. Wilson said Alex told him Maggie’s estate was tied up and he was trying to sell some property, and he was expecting money from his father’s estate, before apologizing it was taking so long. Wilson testifies Alex had told him he had put the $192K in an annuity and couldn’t touch it.
Wilson testified he called Alex in mid-August and talked about the $192K because, again, he needed to be repaid.
Wilson identifies a document dated Aug 17, 2021. Wilson said while he was in Alex’s office that day, he had Alex put it in writing that he owed Wilson the $192K. Wilson said he told Alex he was sorry but that he needed a promissory note from Alex so that if something happened to Alex, Wilson could make a claim on Alex’s estate for repayment of the $192K.
Wilson testified nothing else related to the Ferris case went on until September 3, 2021. Wilson says around 3 p.m. that day, Lee Cope contacted him and informed him Alex was stealing money from clients and is being fired. Cope said they’d found a check in Alex’s office from Wilson’s office made out to Alex directly. Cope asks for the $792K in Wilson’s trust to be sent to PMPED.
After Cope’s call, Wilson said he tried to call or text Alex and that Alex answered he couldn’t talk, that he was meeting with probate attorneys and would call back later. That night, Wilson days he and Alex talked on the phone and Wilson said he needed to know what was going on and wanted to meet face to face. Alex was noncommittal about meeting but would try to meet Wilson next day. Wilson said he felt shocked, mad, and betrayed.
Wilson testified on Sept. 4, 2021, he tried to reach Alex and drove toward Beaufort to Alex’s brother’s home at Oakatee because he couldn’t get Alex on phone. Wilson says Alex called just before Wilson arrived at John Marvin’s and said he was sorry, and he would Wilson meet at Almeda around 11 a.m.
Wilson says he got to Almeda before Alex and got outside and went into the home, one of the caretakers there, Alex and Wilson went to front porch and Wilson said he looked at Alex and asked Alex what was going. Wilson says he tells Alex that he knows about what Lee Cope was calling about and tells Alex he needs to know if there’s any more trouble coming for Wilson.
Wilson says Alex broke down said he had been addicted to drugs for about 20 years, admitted he was stealing money from PMPED and clients, and told Wilson he “sh*t you up, I sh*it a lot of people up.”
Wilson testifies he asked Alex how long had this been going on and Alex told him, “for a long time,” and that he’d been good about covering it all up.
Wilson says he left Almeda angry and started driving back to Columbia and that he has had texts from Alex but hasn’t had a verbal conversation with Alex since then.
Wilson identifies a text from Alex on Sept. 16 – the message came from a number Wilson didn’t recognize -- W responded on Sept. 17
Wilson never got the $192K paid back to him.
CROSS EXAM by Jim Griffin
Griffin: One thing you said about when you got to Moselle on June 7, you were asked if you talked about the fee issue, and you responded you did not know here was an issue about the fees. The only conversation you had about the fee was with Lee Cope and Cope asked if you had the money from Ferris in your trust account and you told him, truthfully, that you had it? yes
And you had another conversation with Cope? No
You had conversation with Alex? Wilson said he called Alex after the email about the missing checks and told Alex if there was a problem with costs, let him know and there’d be a disbursement.
Griffin: Alex wasn’t panicked? Wilson: Nothing that I heard or saw
Griffin: No issue with fees? Wilson: None I knew of
Griffin: No one demanding from you the PMPED portion of Ferris fee on or before June 7? Wilson: No my paralegal advised his paralegal the fees had already been paid
You said in a text in June/July Alex might kill himself? Wilson: He was distraught not eating not sleeping, not focused. I talked to his partners and family and we were worried what he might do.
Griffin: Alex was distraught over Maggie and Paul? yes
Griffin: At no point in time were you thinking Alex had something to do with the deaths of Maggie and Paul? No
Because he was grieving his wife and his son and his father? Yes
You reached out as much as you could? yes
Griffin: At the time you were worried about the $192K and had Alex sign note? Wilson: Yes. I knew enough to know about probate law -- that if something happened to him, I couldn’t make a claim on his estate without that paper. Alex was dealing with probate and selling property and had father’s estate. Alex thought he was getting money from his father’s estate thought he’d use what he had to pay me back.
Griffin: Did you know Alex never said he had life insurance policies on Maggie and Paul? no
After Maggie and Paul died, Alex wasn’t spending lavishly? No
Did you know Alex never spent another night at Moselle? I didn’t know
You knew Alex for a long time? 38 years.
Griffin: Alex said he had an opioid issue for, let’s say 5 years. Did you ever notice a change in his behavior? No
You kept sending him cases? Yes
Alex was acting like normal Alex since you met at law school? Yes
No signs of addiction? No, he seemed to be able to handle the work. I didn’t see pill bottles or any indication he was addicted to drugs.
Griffin: If he was addicted, you still saw him as a loving father and husband? Yes
From a career handling personal injury, clients could build up tolerances to drugs? Not that I know of
Griffin: You and Alex were roommates in college and Maggie and Dana sorority sisters? Yes
You became good friends at law school? Especially second year at law school when Alex married Maggie.
Alex played football at USC and had knee injury? Yes
Griffin: your families would vacation together when younger, spent time at Edisto, worked cases with Alex? Wilson responded he respected Alex’s reputation as a lawyer.
Griffin: A lot of time and work put into Ferris case. Can be stressful, lot of hours. Were you ever around Alex when he went off -- addicted on opioids? Wilson responds: He was good in high stress situations. Getting Alex to focus on things was hard, but when he focused on something he was good. He always took calls from Maggie, Paul, and Buster, no matter what. W traveled w A on business, seemed frequently talking to Maggie, Paul and Buster.
Memorial Day weekend 2021, Murdaugh and Wilson families are together. The next weekend (June 5) they are together again to watch Carolina play in the baseball Super Regionals
Paul and Maggie killed June 7; Mr. Randolph (A’s father) dies June 10
Wilson is asked if he called Alex on June 7. He responds he had mentioned a product liability case to Alex that needed some attention. He identifies a copy of his Verizon bill showing call log. Griffin asks Wilson to look at record for June 7. At 9:11 p.m. was call from Alex to Wilson where Wilson cuts the call short due to him working on his pool pump; at 9:20, a call from Wilson to Alex is 3-minutes long according to Verizon where Wilson says Alex is not breathing heavy, not being frantic. Wilson says Aled told him he was about to get to his Mom’s house and will call him back; Wilson says he thought Alex was coming from PMPED to visit his mother at Almeda. Wilson said Alex would go by his Mom’s almost every day, usually in day. Griffin asks if Alex’s demeanor on the call was normal or if Wilson noted anything out of ordinary? No.
The next entry is at 9:52:15; a text from Alex to Wilson, “call me if you’re up.”
Wilson makes a call to Alex at 9:52:59. Wilson says the call was either dropped or Alex didn’t pick up because Wilson didn’t talk to Alex at that time. The second call at 9:53, Wilson mentions equipment issue, and Alex says he’s headed home and will call tomorrow. Nothing stood out, nothing out of ordinary
Griffin: you went to bed, got information, got to Moselle at 1 am, sent to house, saw Alex. Do remember what he was wearing? No. Do you remember SLED taking his clothes? I did not see that. Did you see him change clothes while you were there? No. Was Alex wearing same clothes when you were there? Don’t remember, I was not focused on that. What was Alex’s demeanor? Trying to be gracious but broken, crying. Alex is good with people, never met a stranger.
Griffin asks if there were other there at Moselle and Wilson lists off the names of law partners and family members. Wilson says there was a discussion among the partners that Alex probably shouldn’t talk to law enforcement by himself but Wilson ways he’s there only as a friend to support Alex, not his lawyer. Wilson said he later advised Alex to take things one day at a time.
REDIRECT
On June 7, did you bring up anything about the Ferris fees? At that time, I didn’t have to cover the $192K
Alex told you the issue was taken care of? Yes
What did you talk about with Cope? I said all money had not been disbursed holding money for any further medical costs coming in
Did Cope ask about fees? No
There was a series of phone calls the night of the murders with Alex? We called and sent texts. Were you the one who raised deadline about equipment? Yes
You were asked about erratic behavior. Was there evidence of opioid addiction or use over the years? No
Was defendant effective and showing emotion in closing arguments? Yes. Alex could make connections with people, knew what made them tick
When you covered $192K you thought you’d get paid back? Yes, I trusted him; he confessed to me in September that he’d been addicted for over 20 years and had been stealing.
Judge Newman tells the jury the next witness is there in a limited capability to the State’s theory of motive, not to Alex Murdaugh’s character or his possible propensity to commit crimes.
Michael Tony Satterfield
Satterfield is one of Gloria Satterfield’s sons. Gloria was the Murdaugh family’s housekeeper and babysitter for about 20 years. She was tripped up by dogs owned by the Murdaughs and fell and died about four weeks later, on February 26, 2018.
Satterfield testifies Gloria was in the hospital about four weeks and unable to relate the details where she had the trip and fall at Moselle.
Did Satterfield have a conversation with Alex at Gloria’s funeral? Yes, Alex said he was going to take care of the boys and try to get money from insurance -- $505,000, at least $100K apiece and take care of mom’s medical bills. Satterfield agreed and considered Alex to be his lawyer.
Alex told Satterfield to send any paperwork related to the case to him
Satterfield identifies a cover sheet along with Satterfield ‘s mother’s medical bills that were sent in mail to Alex. He said he met Alex at Alex’s office and Alex had Satterfield sign paperwork naming Satterfield the personal representative in mother’s case.
Did Alex say he wanted another lawyer? Yes. Cory Flemming was brought in because Alex said it was a conflict of interest if he filed a claim against his insurance in this case.
Satterfield testified he met with Flemming once or twice but would call Alex if he had questions about the case.
Alex had a conversation about having someone else be personal representative and Chad Westindorff was brought in as PR. Satterfield said he was unaware of any recovery in the case or that recovery had been received by Alex in the case $505,000. Did Alex pay you any money? No
Did Alex tell you he had $5M umbrella policy or that a $3.8M recovery had been paid from that policy? No
Satterfield said he would call Alex every three or four months to ask about the case and Alex would say it was a hard case and he was making progress. Nothing was mentioned as to how much Satterfield could recover.
Text messages between Satterfield and Alex and Satterfield identifies the texts – “hey man checking in hope all is good,” on April 12, 2021; Satterfield to Alex responding, “hey man doing good how’s case going”; from Alex to Satterfield: “finally getting movement, still a ways to go, hope to see you soon.” At this point, there had already been two recovery payments in case.
Had Satterfield become aware media reports of a settlement in the case? Yes, someone sent a copy of the paperwork.
On June 22, there is a record of calls between you and Alex, did you reach out to Alex about case, did your family have you reach out? Yes
Satterfield went to Mark Tinsley, who sent them to Eric Bland. There is a confession of judgement in Gloria’s case for $4.305M and Satterfield had to file for --- and Eric Bland sued Alex and got $6.5M
When Alex came to you at your mom’s funeral and said he would file a claim on your behalf, why did you agree? Because I trusted him
ON CROSS by Harpootlian
About Gloria’s death, Alex said he would file because dogs tripped her down the stairs. The only person representing you was Alex? yes
During the process Alex said Flemming was your lawyer? i never called Flemming, never called Westindorff about the case, only Alex
On June 22, there is a series of calls about the case. Prior to June 7. did you accuse Alex of anything? No
Did you threaten A with exposure? No
REDIRECT
Prosecution points out the theft of the Satterfield settlement lead to confession of judgement by Alex in early 2021 lead to the larger monetary settlement.
Jan Malinowski
Malinowski is CEO of Palmetto State Bank (PSB) since August 2022. He took over from Russell Laffitte.
There is a board of directors and executive committee that makes senior upper management decisions at the bank. As far as giving loans, there are loan officers granted certain levels of lending authority that must be approved for anything over their limits by exec committee and board of directors if large enough.
Before Sept 2021, Russell Lafitte had office in Hampton, Malinowski was over Beaufort. Alex was a PSB customer in Hampton County and had working relationship with Russell Laffitte
In 2021, did Malinowski as a board member, have concerns about Alex’s relationship with PSB? No
Did you become aware of Maggie and Paul’s murders? yes
Malinowski identifies minutes of July 20, 2021, board of directors meeting: there is no discussion of loans by Alex
Malinowski unaware of any loans in July to Alex; in August 9, 2021, board member Morris Laffitte asked for complete accounting of Alex’s loan history with PSB
A $400K deposit was made to Alex’s personal account by Russel Laffitte on August 9, 2021; there was an overdraft of over $340K on the account at the time.
Malinowski identifies a copy of account statement for Alex shows Aug 6, 2021, balance was <-$347,784.67> overdraft charge of $5. Typical policy to pay overdraft? No
The source of funds deposited by Russell Laffitte into Alex’s account was a debit of a Loan Not on System from the bank, no paperwork filed on the loan, Laffitte just moved money.
Malinowski says there was a flurry of activity within the bank to create loan documents after the fact for Alex that came as a result of an inquiry from Norriss Laffitte; a memo drafted outlining relationship with Alex at the time.
The $400K transaction/loan finally comes to Malinowski’s knowledge at the executive committee meeting on Aug 12, 2021. A formal summary of Alex’s relationship with PSB: Alex is $4.2M in debt to the bank
Malinowski ids a copy of a PSB promissory note for $750,750 from Alex; the business purpose statement is dated July 15, 2021. Malinowski is asked if the loan could it have existed at that time? No. Loan numbers are generated sequentially and the July paper, according to the unique sequential number, was shown to be issued in August. Papers for the wire transfer to the Wilson Law Group trust account were backdated to July 15, 2021, with instructions to transfer $350K from PSB to Wilson via an unlogged loan to Alex
Malinowski was told by Russell Laffitte that a loan of $350K were for repairs to beach house and $400K was for an investment -- $750K total
A cashier’s check for $400K on August 9, 2021, issued by Russell Laffitte with notation for Green Swamp stock (a piece of a hunt club). Collateral for the loan was to be second mortgage on beach house and portion of Green Swamp stock; the collateral was never called because Maggie had the property in her name at time of death and the Green Swamp stock had been cross-collateralized.
The PSB Aug 17,2021, board meeting minutes discuss Alex: Russell Laffitte states Alex’s intent is to sell the farm (Mosells) to cover the loan. The loan did not appear to have been approved by executive committee; Russell Laffitte said it was approved by 3 of the 5 executive committe members and Malinowski said he, as an exec comm member, does not recall that. Soon after, Russell Laffitte was removed from his position at PSB.
Malinowski as CEO goes over bank records and sees Russell Laffitte had been converting client money checks to personal use of Alex.
Malinowski ids a printout of loan account system documenting outstanding loans as of July 7, 2021: $104K, 806K, 195K, 999K (on a $1M line of credit), and 91K; not listed are 2 on memo -- Zero United and Red Beard LLCs that were charged off (real property in Berkeley County) -- but bank did not foreclose, Alex was expected to continue to pay on the loans. If Alex tried to sell the properties., the bank would have been given any money gained to cover outstanding balances plus penalties.
In April 2021, the loan on the Edisto house had matured – the balance of the loan had not been paid off and either needed to be paid or renewed. Renewal was sought, an appraisal needed to be done and was requested.
Financial statements pulled on Alex as of June 7, 2021, showed the following balances: Murdaugh farm account (Moselle) -$2,458; Alex’s personal account $2,185.23; a health savings acct for Alex $7,540.41; Alex’s second acct $62,115.06; Maggie’s acct $23.97 (on June 12).
Malinowski is asked if at any point in time, had he become aware Alex was having a bank official take client trust money and convert it to personal funds, what would have happened? Borrowing relationship would be effected
If he stole from clients, set up bogus business accounts, been fired, disbarred … Malinowski said PSB would not loan him money, and the relationship would cease
CROSS EXAMINATION
The $750K loan to Alex in July 2021, was approved by 3 mem of exec Charlie Laffitte (father), Russell Laffitte (son) and Grey Henderson (daughter). It was Charlie Laffitte’s opinion if Alex wanted money from PSB, he’d get it. PMPED was customer of PSB and law members who had clients who needed to borrow money would send those clients to PSB for loans, so PMPED was good customer for the Bank? Malinowski answers yes
If it meant getting a loan in a rush without having dotting the I’s and crossing the t’s, it was ok? Malinowski: Not to that magnitude
Alex and Maggie had a loan review in July 10, 2020.
Malinowski ids copy of loan review for Alex and Maggie. The loan review mentions the civil suit (boat), and financial information on file, and a summary of loans outstanding – Williams Island property w/Barrett Boulware was secured by islands in St. Helena; Edisto Beach house appraised for 440k with a note balance of 230K (the house recently sold for just under $1M); a first mortgage on Moselle at $719,769 and an appraisal value of $3.3M; another loan at Moselle with a balance of $880,527.08. The loan review said Alex good customer and loan payments were set up for when PMPED bonuses were received. Depending on outcome of the civil suit, Alex may have to liquidate but he’s a good risk, according to the report.
In June 2021, the bank is fully collateralized? Yes, with the exception of co-loan with his father, Randolph
REDIRECT
Asking about Alex made some yearend payments on charges off loan? Money was converted funds from clients
In June 2021, Alex could talk to the Laffittes and get loans. Had it come out he’d been stealing, been disbarred, forced to resign, converting client fees for personal use would he still get loans? No
Alex good customer—but when it all crashed and burned, PSB left holding
RE CROSS
Bank had mortgages on property and that didn’t disappear when all of this came to light? No
Mark Tinsley
Tinsley is a lawyer practicing insurance defense work, representing insurance companies, at Gooding and Gooding Law Firm in Barnwell. Tinsley says he knows lawyers at PMPED, handling cases with Ronnie Crosby and Lee Cope. Known Alex Murdaugh since 2000. Had a case where a client was at fault and Alex was a special referee but not tried cases together.
The bars in Hampton and Barnwell counties are so small that lawyers know what cases each other are trying on the rosters. Alex seemed to have the majority of cases on the Hampton County roster of civil cases.
Tinsley represents the Mallory Beach family. Mallory was killed in a boat wreck on Feb. 24, 2019, where Paul Murdaugh was allegedly driving the boat while drunk. Mallory’s mother was not allowed to visit the crash scene and she contacted Tinsley. Almost immediately after, a car with Randolph Murdaugh and Maggie pulls up and Maggie was allowed to go to the scene.
Tinsley was hired and investigated the case. He testifies he talked to partners at PMPED and came to know Danny Henderson was Alex’s personal counsel. Henderson brought copies of insurance policies A had in place at the time of the boat accident. Tinsley wanted to know what insurance was available to figure the ability to pay. It didn’t appear to be insurance but $500K by Progressinve that was offered immediately; other policies didn’t provide coverage unless there was a commercial hunting operations and had watercraft exclusions.
Did Alex have an umbrella policy? (coverage applies to home and house and broad coverage all coverage with Philadelphia) ever find out if Alex had umbrella? He had coverage with Lloyds of London & Nautilus, but that policy came up for renewal and Satterfield claim still open and insurance wouldn’t renew and policy was cancelled.
Tinsley asked about his impression of Alex’s general wealth: He believed Alex had tried 60% of the cases in Hampton County, he’s making lots of money, and that impression didn’t change in the time Tinsley knew Alex, or in last 3-5 years.
With review of insurance, Tinsley found the Progressive policy was only one applicable. There were six people in the boat that night -- 2 with major injures, no way insurance would cover all the claims.
Tinsley said when he realized there wasn’t enough coverage, it was not uncommon for wealthy people to pay out of pocket to settle, so Tinsley filed his civil case against Alex before criminal charges were brought against Paul. Tinsley said in beginning, the allegations were that Alex knew Buster had obtained a duplicate license for Paul to buy alcohol. That is what the court might consider negligent entrustment, creating a hazardous situation.
Tinsley drafted first lawsuit for hazardous situation and made it clear that’s what he was doing and not considering Alex to be a placeholder defendant and Alex would be the one to have to pay.
At a trial lawyer conference in Hilton Head in August 2019, Tinsley saw Alex there. Tinsley said Alex came over and said, “hey bo’, whats this I hear about what you’re saying? I thought we were friends.” Tinsley took Alex to mean the civil suit.
The next year, Sept 2020, Tinsley is engaged in discovery taking depositions form law enforcement and EMS/hospital personnel about the boat case. Tinsley subpoenaed evidence he thought was good for his client. Tinsley used mock juries to test strength of case – specifically in Beaufort County where Parker’s would either infer Paul wasn’t the driver or mention their connection with law enforcement.
From May 2020 to fall 2020, conversation going on and pushback that Tinsley would hold Alex responsible. In August Tinsley was diagnosed with cancer and tried to get things rolling on case; Tinsley wanted the case settled and in November Tinsley sent requests to admit certain facts to be true.
Tinsley had discussed roughly $10M out of pocket, and defense said Alex was broke and could maybe get $1M; Tinsley didn’t believe it and offered a payment plan, the conveyance of the 18,000-acre Moselle property, and the beach house – and offer that was rejected.
In October, Tinsley served a motion of discovery to reveal Alex’s financial statements – where he did banking. Tinsley thought Alex was hiding money; defense rejected the motion almost immediately; Tinsley then filed a motion to compel the financial information.
Tinsley ids the motion to compel he filed Oct 16, 2020, with defense lawyers’ responses. The discovery motion wanted a list of all bank accounts single or joint, IRAs, 401Ks, etc. belonging to Alex
If the motion was successful, the next step was to verify and send subpoenas to the financial institutions.
Were you aware of any accounts? Tinsley testified he knew about PSB and Bank of America but didn’t know details. The motion to compel would presumably have uncovered all accounts. Tinsley said he was putting pressure on financials because that’s where he can put pressure.
Any hearing on Oct 2020 filing? COVID wasn’t over but courts didn’t have plan, no opportunity to get the motion heard at that point.
Tinsley filed first in Hampton County, but Alex was insistent Tinsley couldn’t get a ruling in Hampton. In mid-April 2021, Tinsley is thinking about moving case to Beaufort County.
The trial will resume at 9:30 am on Friday.
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