Alex Murdaugh pats son Buster's backside after he testified

Murdaugh's trial is in its 5th week, and the defense is presenting its case

Alex Murdaugh was captured in a photo patting his son, Buster Murdaugh, on the backside Tuesday after he testified at his father's double murder trial, leading experts to question whether the interaction is a violation of security protocol. 

Murdaugh, 54, smiled affectionately as his only living son took the stand in his defense in Walterboro, South Carolina.

During a break in the testimony, Murdaugh was escorted to a back room by a sheriff and patted Buster on the buttocks as he passed him.

Buster was standing with his back to his dad and his hands in his pockets during the tender caress. 

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Alex Murdaugh, left, gives his son Buster Murdaugh a pat during a break in testimony during trial at the Colleton County Courthouse in Walterboro, S.C., on Tuesday, Feb. 21, 2023.  (Grace Beahm Alford/The Post And Courier via AP, Pool)

The chatter over the buttocks pat swirled Wednesday as the defense called its seventh witness, crime scene reconstruction expert Kenneth Zercie.

Usually physical contact between a defendant and witnesses or people in the gallery is forbidden. 

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"He’s an incarcerated murder defendant so just as a matter of security protocol he shouldn’t be touching people. It’s inappropriate," former New York City prosecutor Mark Bederow, who now works as a defense lawyer, told Fox News Digital.

Murdaugh is accused of gunning down his youngest son Paul Murdaugh, 22, and his wife, Maggie Murdaugh, 52, at the family's hunting estate in June 2021.

Buster Murdaugh, the son of Alex Murdaugh, testifies during his father's trial at the Colleton County Courthouse in Walterboro, S.C., on Tuesday, Feb. 21, 2023. (Grace Beahm Alford/The Post And Courier via AP, Pool)

Bederow added that the incident smacks of special treatment.  "I’d say its bad optics. Why isn’t he handcuffed, and do other defendants get to do this?" he questioned.

It wasn't the first time Murdaugh or his family's courtroom conduct has been in the spotlight.

Buster, who has been in court every day since the trial began, allegedly flipped off a prosecution witness and passed a book to his father.

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The family was moved several rows further back from the defense table after the alleged violations.

Buster usually sits with his uncle John Marvin Murdaugh, his aunt, Lynn Murdaugh Goette, and his girlfriend, Brooklynn White.

Alex Murdaugh listens to testimony during his double murder trial at the Colleton County Courthouse on Tuesday, Feb. 21, 2023, in Walterboro, S.C.  (Grace Beahm Alford/The Post And Courier via AP, Pool)

During his testimony, Buster told jurors in the Colleton County Courthouse that his father called him June 7, the night of the murders, and said his mom and brother had been shot to death near the Islandton property's dog kennels.

"He was destroyed, heartbroken," Buster said. 

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He described his father as a doting and devoted parent who "coached every Little League team I played on."

Buster Murdaugh, the son of Alex Murdaugh, looks at his father Alex Murdaugh as he walks to the witness stand during day 21 of the double murder trial of Alex Murdaugh at the Colleton County Courthouse on Tuesday, February 21, 2023.  (Jeff Blake/The State/Pool)

Without shedding a tear, he recalled the bond he had with his parents and his slain brother.

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"I spoke to my mom every day, multiple times a day, and the like for my dad and for my brother, too, and I know they’re all talking to each other, too," Buster testified.

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