WALTERBORO, S.C. (WCBD) – Once prominent South Carolina attorney Alex Murdaugh could take the witness stand on Thursday as part of his defense strategy, a source close to his legal team told News 2.
Murdaugh – who is standing trial for the killings of his wife and youngest son at their family’s Colleton County property in June 2021 – has long maintained his innocence in their deaths.
While his legal team is expected to rest their case this week in the long-running murder trial, sources say the disbarred attorney could testify before closing arguments are given as part of the defense’s strategy; however, his appearance on the stand could change, News 2 has learned.
When court resumed session Wednesday, defense attorney Jim Griffin asked Judge Clifton Newman for an order ruling that should Alex Murdaugh himself take the stand, the prosecution is prohibited from questioning him about financial crimes.
Griffin said that the defense will not ask about the financial crimes in direct examination, so the prosecution should not ask about them in cross-examination.
But state prosecutor Creighton Waters argued that the matters are relevant and within the scope of cross-examination. He said that when a defendant takes the stand, he waives his right against self-incrimination.
Judge Newman said that he would not issue an order limiting the scope of cross-examination. He said that objections should be made in real-time, not based on advanced rulings by the court.
When asked if Murdaugh will be allowed to plead the fifth during the interview if they bring up the financial crimes, Judge Newman said that he would not give advice on what Murdaugh can say. Judge Newman said he will take a look at the cases both prosecution and defense have provided as precedents.
Murdaugh’s testimony would come just days after his only living son, Buster, delivered lengthy witness testimony on Monday where he described his father as acting normal prior to the murders but distraught later in the evening.
Buster also gave the jury what the defense hopes will be some clarity in an ongoing debate about what Murdaugh said in an interview after the murders. In a video, the prosecution claims Murdaugh said “I did him so bad” when talking about Paul. Buster said he knows his father’s voice and his father said, “they did him so bad.” He also said Murdaugh made the same statement the night of the murders.
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