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gillian. >> gillian: let's bring in now criminal defense attorney jonna spilbor to break down today'sevelopments. jonna, about half a dozen witnesses so far have testified about his alleged financial misdealings. let's take a look at this, put up a full screen so everybody at home can see what we are talking about here. these six witnesses so far have alleged he stole $8.8 million in settlement money from his clients who were injured, 7 million from his own law firm, and that he dodged just under half a million in state income taxes, plus multiple instances of insurance fraud. this is going to up-end this trial, isn't it? >> today was such a pivotal day for the prosecution. i mean, there is mounting and very compelling evidence that alec murdaugh committed a ton of financial crimes and he's got 99 indictments waiting for him after this trial is over, just on those issues. but the fact that this judge is going to let in that evidence as evidence of "motive," in my opinion is a huge mistake by the judge. if you are trying to claim because he was so financially strapped or his house of c

fox news contributor as well and jonna spilbor, criminal defense attorney.ted, i want to start with the word intentionality. they are in a break. the we choose to show it, we can show you the seal inside the courtroom where the camera gravitates to when the judge says we'll take a break. when that camera shot pulls out from that seal and back into the courtroom and people go back in, we'll go back to that live case. ted, intentionality. >> well, when you look at the intentional killing here, it would show that this was some kind of a planned killing on the part of alex murdaugh. that's what the government is trying to show. the problem they have is -- and they don't use the best evidence that has come out in this case so far. let me give you an example, harris. they talked about a golf cart. when the case in chief was being put on for the defendant, they talked about that the fact they put an expert on that says the shooter would have had to have been at least five fought two inches. he couldn't have been six feet like alex is, above six feet. guess what? al

. >> john: jonna spilbor, when they played the recording in court for buster murdaugh, he said that alecther said they did him so bad, other people have testified for the prosecution that murdaugh said i did him so bad in the second interview with police. how much weight will it carry a guy who lost his brother and his mother in two gruesome murders is testifying on behalf of his father? >> well, we would expect buster to want to help his father. buster is the ultimate victim here, lost his mom, and brother in a horrific way and his father is on trial basically for his life. so you have to have sympathy for buster murdaugh. a good witness to kick off the defense case with, even though there were two prior witnesses, because you can't attack him. if you are the prosecution, there's nothing you can do or say to really go after buster because you would look like big unsympathetic jerk. he was a good witness to humanize his father a and corroborate. i think it was impressive and jury probably resonated with his testimony. >> john: the prosecution tried to say alec did not show remorse the ni

let's bring in jonna spilbor criminal defense attorney. why are they going to delay? more time to gather evidence to make sure there is probable cause to keep him in jail. what's unusual about this case is his attorney, i believe with the public defender's office is giving them a few weeks to do that. ordinarily when you have a defendant behind bars with charges pending, you want to hold the prosecution's feet to the fire. if they can't produce the evidence your client gets sprung. because his attorney is allowing it, i'm guessing she is focused on winning the war instead of winning the battle. brian walshe's case is unusual. he is a mouse in a maze with no cheese. no matter where he goes he will stay behind bars because he has a $5 hundred thousand bail on a previous charge in this case, a low-level lying to the police. $5 hundred thousand on that and awaiting sentencing on a federal fraud case where he could do at least 2 1/2 years likely 2 1/2 years. >> bill: let's talk about the state's evidence. they allege he bought $450 worth of cleaning supplies, a knife with

. >> bill: he sets it up nicely for a criminal defense attorney jonna spilbor. trial continues.ick up on the last point. listen to shelly smith. the caregiver for alex murdaugh's mother. now the night of the murders he said he went to check on his mom. here is how the exchange went in court when she was on the stand. >> did alex murdaugh ask you to tell somebody how long he had been there? >> he said someone asks you i've been here. he had like a tarp you could put on a car to cover it up. a blue. >> was he holding it like this? >> yes >> when you came back the next day was it there? >> no, it was gone. >> 30 to 40 minutes. did she say how long he actually stayed there. he has time to stash clothes. >> i viewed this witness as cutting both ways. she also testified tearfully about how much she loved the murdaugh family and how much she loved her job. whether she can say that alex murdaugh was there for 20 or 30 minutes or less to me is almost less important than the fact that she didn't want to testify against him. she didn't want to be there. she loved that family. i didn't look

. >> bill: let's bring in jonna spilbor. you've been with us since the beginning of the trial.n this witness. did he make a good witness for the defense and for his father? >> well, i think he accomplished one very important thing. buster really humanized his dad, which look, the jury needs to know. the picture that has been painted by the prosecution is this guy is a monster who tried to detract, distract from his financial crimes by violently offing his wife and son. if you believe that, then he is not a human. buster took the stand and said what you saw about my father in the police interrogations was real. those tears were real. i was with him the night this happened and it was real. he is a human and he accomplished that and it was a good thing for the defense. >> bill: what about the clip charles played about him interrapting what his father said. he said they did them so bad. as opposed to what the state says is that i did them so bad. go ahead. >> i think that entire clip is much about nothing. if you are in the middle of this terrific, horrific homicide and you are in

fascinating to watch, day 2 as the prosecution now cross examinates alex, and what's interesting to me, jonna spilbor said the prosecutor is seemingly getting outlawyered by his own witness here. let's bring in now criminal defense attorney phil holloway to get his take on what we have seen so far, as they take a break there in south carolina. phil, you know, yesterday you said that you thought that he needed to testify. he's admitted to stealing from clients, admitted to lying repeatedly, do you still think that was a good idea? >> yes, i do, good afternoon. thanks for having me back. i think so far the defendant is doing quite well as a witness in this case and honestly this is a master class how not to conduct a cross examination. open ended questions, and even in law school in trial advocacy classes young lawyers are taught never ask an open ended question on cross examination, especially if you don't know the answer to. you ask leading questions, lead them down the primrose path using your facts, your narrative, and you're getting your message as the lawyer out to the jury. in this case, alec mu

johnny spilbor and mercedes are with us as well. jonna, you are a defense attorneys and mercedes you have a prosecutor's eye. whether or not is the defense working here? >> the defense is working. it is the prosecution that is not. i just witnessed something i don't think i've ever seen before. the prosecutor turned the tables. in his case in chief he have did a good job at getting everybody i'm sure including the jury to dislike alex murdaugh. he is nothing but a liar and cheat. now i think the your -- jurey is disliking the prosecutor. when people apologize what do they do? they restore the trust in the people they are apologizing to. i think the jury is feeling sorry for alex murdaugh now and not what the prosecution wants. it's the prosecution's fault. >> bill: quick answer, mercedes? >> i love jonna. i totally agree with you many times. this is one where i say not so fast. it was so clear -- i agree maybe the prosecution asked one question too many but he confirmed that no one heard this story regarding the kennels until yesterday. m