Curiosities

Curiosity is just The Gift That Just Keeps On Giving.

Just a week ago, I was sitting with a friend at the bar of the sumptuous Umstead Hotel-an absolute gem quietly tucked up in the woods across from the Raleigh-Durham airport-and amidst the muted conversations of the end of week early escapees, and suddenly a loud voice exclaimed. “Holy Shit! They found him guilty!” 

of us instantly knew who ‘him’ was. Of course, this is not the end of the line for his travails-though it does seem that for sensationalism, this trial was a high water mark-and I will promise you there are plenty of snakes left in Big Red’s moldering wood pile. There’s more to come and there is more than a little apprehensive, shaking knee knocking going on behind closed doors in Colleton County and environs. Just watch this space for further developments. Remember-Murdaugh still has bushel basket of charges-state and federal-awaiting disposition. Though he is already cooked for life-I venture to say I strongly believe his appeals will come to naught-the remaining, many charges, all felonies I believe, will have to be finalized.

I expect the defense will eventually seek to ‘bundle’ a lot of them to expedite their resolutions-If they tried them all out, one by one, it obviously would consume enormous chunks of time and I lot of central participants would die of old-age and/or boredom.

In the meantime, a couple of thoughts have repeatedly flowed about my mind, such to the extent that I wanted to muse on them openly and give y’all some more food for thought.

-FORENSIC PSYCHIATRIC ANALYSIS-

Was any such activity undertaken, especially as to Murdaugh. Now, the prosecution would have had to have done this in an indirect manner. No direct evaluation here. Even if allowed, it would have been a very bad idea because defense would have to be present and would then have immediate access to various pathways the prosecution would have been exploring.

But surely a review of deposition transcripts and video (and I can promise you all the other lawyers and their clients who were pursuing Murdaugh would be happy to share) and any other materials that would be pertinent and allowable-and there was a lot-would be a gold mine of resources. And it would have been so useful even if Murdaugh never took the stand (I believe Murdaugh always intended on taking the stand-his reputation as a self-promoter and pain in the ass gas bag was universally known.) Questions (well formed) and lines of inquiry, developed with the asset of having a thorough forensic evaluation in hand, would spur lots of other witnesses and defense counsel to wince and flinch.

This was a high stakes trial, the highest you can go short of the death penalty (and the prosecution eschewed that charge-would have looked like piling on. Good judgment call.) This was a “Damn the torpedos! Full steam ahead!” This is not the time or place to hold back. Every resource available must be utilized.

So I wonder-Was this undertaken? Was this done?

Oh, just by the way, my diagnosis-with all the particulars that go with it, and they would be more than a few-is

Narcissistic hysteric, It’s all about them all the time and they cannot restrain themselves from always talking about how good, great, wonderful they are.

-FOCUS GROUPS-

Were these panels assembled and used? To me, in cases as manifestly serious as these, the use of focus groups is essential. We used them all the time and they were of enormous help. And they would be useful to both prosecution and defense. Let me explain.

A trained neutral who knows how to use and run focus groups is retained. Both sides of the case are put together for presentation, almost always in a slimmed down version, a Reader’s Digest version if you will. Exhibits are put together. All anticipated good points and bad points, good facts and bad facts are to be presented. You cannot and must not avoid this-there must be no sugar coating-you are looking for vulnerabilities and themes and full observation and you must be thorough and candid.

Who is going to give you these responses?

Your neutral will be the case presenter. He will act as though he is doing consumer research for goods and services. (Here, I’d be looking for something in areas of weapons, gun safety and individual attitudes; also, corporate safety precautions and extraneous coloring events) He will, for $50-$100 dollars a head plus lots of sandwiches and snacks, assemble what in essence is a mock jury panel-but numbering more in the 14 to 16 people (no 12-makes people suspect this is a court case) and rent a good sized, comfortable room with a big table and lots of chairs. Usually, these gatherings begin ‘after work’ and go to about 9-10 p.m.

He will feed them little by little the case and its circumstances. They are allowed to take notes and ask questions. He will, ultimately, get them to tell the group ‘what they think’ and explain why.

The entire proceeding is filmed and recorded.

And the lawyers who contracted for this service will intensely observe it all through a large, one-way window, the other side of which is an impenetrable mirror.

Good lawyers use this resource. It is not hard to understand why. And in matters like this, more than one focus group is usually formed and used. Among so many things, finding the ‘consistent’ themes, even similar words and phrases are beyond confirmatory and helpful. And if the responses are scattered, all the more reason to go back and recalibrate. Keep tuning it up.

I am well aware of one particular murder case defended by a superb firm from here in Charleston County a few years ago that used eleven!! focus groups.

So, in Murdaugh was this tool used? Inquiring minds want to know.

-JUROR INVESTIGATION-

It seems beyond obvious to say ‘you can never know enough about your jurors’. Unfortunately, even in cases of significant magnitude some lawyers do not have the time or resources or even an interest in digging beyond the basic juror information card and questions that lawyers hand up to the judge to ask the panel.

So it goes. But, in cases such as Murdaugh’s, I submit it is mandatory.

Juror lists should be meticulously poured over looking for ‘tips’. Where do these folks work? What’s their neighborhood like? Demographic analysis is intense and focused.

Then those lists should be shared with any and all lawyers who know the community along with trusted ‘civilians’. They will know people on the list and help connect many dots.

Once your panel is winnowed down to 12 and alternates, it is imperative (I think) to do more due diligence with the use of what I call ‘drive bys’. This must be done expeditiously. You cannot wait. You want to drive by each juror’s place of residence. Toys in the yard? Place in good shape or poorly kept up. Bumper stickers? And so forth…

There should be two people-an extra set of eyes often picks up extra ‘things’. And I like to have a note taker in the back seat to record what is being described.

I am sure in the Murdaugh case, much of this was done but was it this extensive? I’d like to know.

-LAWYER’S TIME-

The Murdaugh case has been and will continue to be exceedingly time consuming. It’s been going on for a long time and will go on much longer. How do the defense lawyers, Harpootlian and Griffin maintain an adequate pool of clients and generate new ones they can serve when they are seemingly so totally tied up with this one case? This I want to know.

Enough for now. More than a few folks have asked me if I would write a book about the Murdaugh mess. Some have been emphatically encouraging, giving it the old “…you ought to…” No interest whatsoever. It would take too long and would be, it seems to me, very, very complex with many trails to rummage down. And besides, all of it is nowhere close to being all wrapped up and finished. To do a good job with the subject matter would be pretty much if not all-consuming.  I’m just waiting for somebody good to write the story and that will happen in due time. I know some sensationalized pot boilers are already out but these are quicksilver at best and I am certain slap-dash in their origins and execution. Thanks but I’ll pass.

So, there’s a little something to chew on and in the meantime, y’all keep reading and writing and stay safe.

Very Best,

Vernon

PS And if you have questions for me, shoot me an email here.