We have begun today's hearings for Cory Fleming, Alex Murdaugh and Russell Laffitte. You can watch here. abcnews4.com/watch
We started with the scheduling for Russell Laffitte. Judge Newman quickly decided to set that aside for the time being, and we've moved on to Alex Murdaugh.
Alex Murdaugh is in court wearing his orange S.C. Dept. of Corrections jumpsuit. He greeted Russell Laffitte attorney State Rep. Todd Rutherford with a big smile and a handshake.
State prosecutor Creighton Waters began by reading off the combined indictments against Murdaugh. 101 charges.
Murdaugh attorney Dick Harpootlian is arguing for continued delay of trial into at least 2024, citing schedule conflicts and time needed for publicity to cool down.
Harpootlian floats the idea of a change of venue. Claims there's no way Murdaugh can get a fair jury in any of the counties where the indictments are venued.
Judge Newman says the trials will be scheduled for THIS year.
Dates proposed are the weeks of Nov. 13, Nov. 27 or Dec. 11.
Defense picks week of Nov. 27. State wants to try Satterfield first since it's the biggest case. Newman says Nov. 27 is open in Beaufort Co. It's settled.
So to be clear, the Satterfield case will be the first of Alex Murdaugh's white collar crime cases to go to trial in state court. It's going to be the week of Nov. 27 in Beaufort County.
We're back in session after a short break, revisiting scheduling for Russell Laffitte. He's facing charges in multiple counties for the frauds against Natasha Thomas, Hakeem Pinckney, Malik Williams and Arthur & Donna Badger.
Laffitte attorney Mark Moore wants a trial in Fall 2024. He notes scheduling conflicts with Laffitte’s appeal of his federal convictions and sentence. Moore notes there's also Todd Rutherford's legislative duties protecting him from trying cases in the winter and spring.
State prosecutor Creighton Waters is sympathetic to Moore and Rutherford's schedule issues, but feels it's not the state's fault Laffitte changed attorneys after losing his federal case. State is ready for a trial fall 2023 or spring 2024. Believes Fall 2024 is too long to wait.
Moore confesses to Judge Newman he isn't prepared, hasn't even read state grand jury transcripts yet. Admits he's been on the state case since April. Waters again is sympathetic but says this is not the State's fault. State is ready ASAP.
Rutherford now for Laffitte points to length of federal trial — over 2 weeks. Says there's 41K documents to review in the case. No way any lawyer could prepare so quickly with that in front of them, not to mention his legislative responsibilities. He wants fall of 2024.
Moore adds that if Laffitte’s federal appeal FAILS, there may be new motions in the state case that would eliminate the need for a state trial. Could save taxpayer dollars. Defense showing its hand? Or dangling carrot to get desired result of delay?
Newman asks about Laffitte's federal sentence report date and status of motion for bond pending appeal. Moore says he hasn't heard back from the 4th Circuit on its ruling. Intends to ask for another extension of Sept. 21 prison report date if they don't hear back by today.
Judge Newman rules to defer any decision for another month to 6 weeks until there's more clarity about Laffitte’s federal future. As of now, Laffitte is set to report to FCI Coleman in Sumterville, Florida (near Orlando) next week.
We're now beginning the sentencing hearing for Cory Fleming. Creighton Waters begins by renewing his "58 in a 55" vs. "90 in a 55" analogy. Says again this is a state case involving abuses of the state court system that require a high level of state accountability.
Waters notes Fleming originally tried to take the same route as Laffitte, claiming he was just another victim tricked by Murdaugh. Evidence revealed Fleming was using similar schemes to steal with and without Murdaugh years before the Pinckey or Satterfield cases.
Waters again brings up Fleming using money stolen from Pinckney family to charter private plane and fly with Murdaugh and friends to the College World Series, then billing that as medical expenses for Pinckney.
Waters again brings up the 2014 "Satterfield in reverse" case where Fleming essentially sued himself to get a big settlement, and had Murdaugh serve as a pass-through while Fleming did legal work. Emails show scheme. Murdaugh firm never got money despite being lawyer or record.
Now to the "fake Forge" scheme where Fleming claimed he didn’t know Murdaugh would steal checks he made out that way. Evidence shows Fleming was advised three months before Satterfield's death was told by real Forge they couldn't receive money from lawyers directly.
"It was a shakedown, plain and simple." - Creighton Waters on Fleming and Murdaugh conspiring to run the Satterfield theft scheme.
Waters notes Fleming instructed staff to "hold this until we can get the PR changed" re: check from Lloyd's of London for Satterfield settlement as Fleming, Murdaugh worked to get Chad Westendorf set up as PR. Fleming, not Alex, was pulling the strings there, Waters says.
Waters adds Fleming had LofL make checks out to Chad Westendorf BEFORE they'd even gotten CW approved as PR, then forged (no pun intended) paperwork to make it look like CW had been PR for 8 months longer than he really had been, dating back to March 2018—a month after death.
Waters: Fleming took completely fraudulent $8K expense check from Satterfield money. Bank records tell the story. He was low on funds, paid personal debts and everyday expenses.
Waters on Fleming thinking checks were really going to Forge. Email with Nautilus insurance shows that's a lie. Nautilus lawyer asked how to make our checks — standard check for Chad Westendorf as PR or structure to Forge. Fleming said standard check.
Waters says Fleming repeatedly told Westendorf not to worry, didn’t need to do anything, he (Fleming) would handle it. Fleming knowingly conspired to get CW involved specifically as a patsy to keep three Satterfield family in the dark.
Sidebar, before I forget. Jim Griffin says Alex Murdaugh to file his guilty plea agreement on federal charges tomorrow. Also tomorrow, SC AG's office expected to file its response tomorrow to Murdaugh jury tampering motion.
Back to Fleming. Losses directly attributable to him in Satterfield and Pinckney cases total $3.72M. Waters says he was not a "Johnny come lately," "doing 58 in a 55." He was explicitly involved in the conspiracy. Waters rests.
Tony Satterfield addressing court. Wants this to be a life lesson. Our actions impact others, good and bad. He still forgives Fleming. Defers decision on sentence to Judge. Wants God to have the glory no matter what.
Gloria’s sister, Ginger Hadwin. Family forgives Fleming is a Christian. Gloria did not die in vein thanks to corruption revealed by her death. Thanks Creighton Waters for simplifying everything today.
Eric Bland, attorney for Satterfield. You will hear how good a guy Fleming is. Good guys sometimes commit crimes. Judge must sentence the crime as well as the man. Crime and man have stained the profession of lawyers.
Bland: I've been suing other lawyers for 30 years. Never seen a case where the lawyers took every single dollar. But that's what Fleming and Murdaugh did. Every single dollar.
Bland going over a litany of other examples of violations and irregularities in how Fleming handled and filed the Satterfield case to show depth of conspiracy and criminal behavior beyond what Waters went into. Small missable details, procedural shiftiness huge in big picture.
Bland says Fleming and Murdaugh sat on the $4.3M settlements knowing Gloria’s son Brian Harriott, a vulnerable adult, was being put out on the street because his mom's trailer was being foreclosed on.
"Blatant thievery."
Bland gives Fleming credit for being the first defendant in case to take responsibility back in September 2021, but notes how Fleming at the same time claimed ignorance in 57-page testimony to Georgia bar where he said he was a victim of Murdaugh, only stole from law partners.
Waters introduces Justin Bamberg, attorney for Pamela Pinckney — mother of Hakeem Pinckney who was left quadriplegic in crash, and niece Natasha Thomas who lost vision and suffered extensive injuries. Mrs
Pinckney was also horribly injured. Still dealing with injuries herself.
Waters notes it's true that Fleming was indicted and pleaded guilty in federal court for Satterfield, but NOT for the Pinckney case due to statute of limitations. No punishment or accountability in Pinckney case so far.
Attorney Justin Bamberg giving powerful testimony now about true impact of Fleming’s crimes. Believes Fleming is regretful but not remorseful. He was nice to lots of people, but not Pinckneys. Asks for stiff punishment of BOTH Satterfield and Pinckney crimes.
Creighton Waters wants CONSECUTIVE sentencing for Fleming in light of the truth of what happened. Independent accountability is warranted. Lawyers should not get "one-stop shopping" for victimizing multiple clients over a decade, alluding to federal sentencing.
For Satterfield crimes, highest sentence Fleming faces is up to 20 years on "fraud over $10K" charges. For Pinckney crimes, the longest sentence is up to 10 years. Waters reiterates he wants whatever sentences are given to run consecutively (one after the other).
Notably, Fleming was sentenced to only 3 years + 10 months for his federal charges, set to run concurrently (at the same time) as any state sentences. He's already begun serving.
Defense attorney Debbie Barbier now speaking for Fleming. Disputes a few details of Waters' points.
Barbier notes original indictments by State concede Fleming may not have known Murdaugh intended to steal all of the money, yet that's what state now alleges.
Barbier still insists Fleming didn't know Murdaugh was stealing all of the money. Has acknowledged guilt and stepped up.
Barbier says Waters' "58 in a 55" analogy is a gross mischaracterization. Fleming has admitted and pleaded guilty to each and every charge.
Barbier says no one should be punished twice for same crime, alluding to federal sentence.
Re: being punished twice for same crime, the U.S. Supreme Court in Gamble v. United States (2019) upheld "separate sovereigns" doctrine. It clarifies a person CAN be punished by both state & federal government for same crime. It's NOT double jeopardy. harvardlawreview.org/print/vol-133/…
I learned about "separate sovereigns" and "double jeopardy" covering the case of Tim Taylor, a young man falsely accused of the abduction and murder of Brittanee Drexel. Read about that here:
Barbier continues to extoll Fleming's virtues, arguing the good far outweighs the bad in his lifetime. Family man, important leader in community, devoted friend, charitable and compassionate. Fleming is demonstrating what you do when you make a mistake. Step up. Own it.
Barbier: "We're all better than the worst thing we've ever done."
Barbier concedes Fleming did not initially admit to his criminal conduct, but has now accepted responsibility and pleaded guilty with no deals or promises. No other co-conspirators have done that.
Barbier: Fleming has suffered and paid a very severe price that will discourage him from ever committing similar misconduct. Hopeful the tremendous consequences he's faced are opportunities to do good in the future.
Court breaking for lunch until 2:45. Fleming and character witnesses will speak upon return.
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Picking up notes for the afternoon session here. We're in character witness statements for Fleming now. A fellow attorney is speaking now, notes how Fleming said "thank you, I don't deserve it" when Pamela Pinckney forgave him at the federal sentencing. Never seen that before.
The attorney (I'm sorry, I didn't catch his name) invokes the 51st Psalm, "David's confession," and notes Fleming's "broken and contrite heart."
Cory's former paralegal and friend now speaks on his behalf. She does not discount the fact Cory made bad choices and hurt people, but asks Judge Newman to please take into consideration his good works, his faith, his friendship to many, and the potential he has to do good.
Based on my research of Fleming’s family, the answer is 'Yes.' I also believe—by process of elimination—there's only one person who "Redacted" could be.
That info's out there. @MandyMatney had reported on all this previously, as mentioned in my 1st thread. True Sunlight, Ep. 2.
The reason for the first thread was I initially said the info was "new" after Waters mentioned Fleming's "uncharged conduct" in court.
It WAS new to me & some of my followers. We hadn't heard it before.
Others said no, Mandy & Liz discussed it before, or they saw it on Reddit.
I've been looking into revelations by Creighton Waters at Cory Fleming's plea hearing yesterday about 𝒆𝒂𝒓𝒍𝒊𝒆𝒓 insurance fraud schemes involving Cory & Alex Murdaugh. I hadn't heard of it before, but some were telling me the MMP crew & Reddit sleuths had this a year ago.
But if you're like me and haven’t heard this before, or if you just want a refresher, here comes a breakdown.
CAVEAT: Much of this is public record, but it involves people who haven't been indicted. I'm going to keep things vague to avoid insinuation of wrongdoing.
It started with Waters making the point Fleming was 𝒏𝒐𝒕 duped or manipulated by Murdaugh into committing crimes, nor was Fleming oblivious to the fact Murdaugh was stealing money from clients. Instead, Waters argued Fleming was intimately involved in these schemes.
I'm in Kingstree attending hearings for Russell Laffitte and Cory Fleming's related to their state fraud conspiracy charges in the broader Alex Murdaugh crime sphere.
Fleming is expected to plead guilty to his state charges following his guilty plea in federal court last week.
Russell Laffitte is in court for what I'm told is a standard pretrial hearing on his 21 state charges. Laffitte has appealed his federal sentence & conviction on similar charges. He awaits a ruling from the 4th Circuit on a request to stay free on bond until the appeal is decided
Overly-Long Murdaugh Update Notebook, August 8
- Cory Fleming federal sentencing
- Cory Fleming state trial
- Nautilus Insurance lawsuit
- Adding Satterfield to Nautilus
- Alex Murdaugh's assets
- Murdaugh's appeals & other cases
Cory Fleming's sentencing has been set for Tuesday, Aug. 15, before Judge Richard Gergel in U.S. District Court in Charleston. Fleming already pleaded guilty to wire fraud conspiracy for his role in the Murdaugh, Satterfield, Nautilus fraud case. He faces up to 5 years in prison.
Fleming & his lawyers were in court Monday for a status conference with the AG's office & Judge Clifton Newman re: Satterfield case STATE charges. His state trial is set for Sept. 11. Interested to see if fed. sentencing will impact that. AG tells @AnneTEmerson business as usual.
Russell Laffitte's sentencing hearing begins at 10 a.m. I'll be in court without access to social media most of the day, so no real-time updates.
Meantime, here's a background story to catch you up on what's at stake & how we got here. abcnews4.com/news/murdaugh-…
Judge Gergel, responding to defense's objection to govt's classification of this as a complex scheme, comments "This is as complex a scheme as I've seen in my 13 years on the bench."
Now discussing Laffitte’s abuse of his "position of trust" as a bank exec and court appointed fiduciary for the victims. Defense objects to this characterization as reason for a stronger sentence. Limehouse notes the scheme was impossible without Laffitte’s position of trust.