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Criminally Obsessed
"A Good Idea Who Committed This" — Murdaugh Witness Investigates Stephen Smith Cold Case
00:27:08
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- [00:00]
A
Welcome to Criminally Obsessed. I'm Ann Emerson. Stephen Smith was found dead in the middle of a rural South Carolina road in 2015. How did he die? It depends on who you ask because law enforcement and the pathologist disagreed. It wasn't until the Murdoch murders that the state law enforcement division, it's like the state police for South Carolina said it would investigate the case due to quote, information found while investigating the double murder of Paula Maggie, the wife and son of the disgraced red headed South Carolina attorney. The agency gave no more information about what was found or how it related to Steven's case. Still no answers until March 2023 when state police declared Steven's death a homicide. Since then, his body has been exhumed and a second autopsy done. But are we any closer to solving this case? The last thing SLED told me was is making progress. But today I've got Kenny Kenzie, the forensic investigator hired by attorney Eric Bland on behalf of Sandy Smith to get answers. Kenny Kenzie, thank you so much for coming on the show. It's good to see you again. It's been a minute. What have you been up to since the last time I saw you?
- [01:19]
B
Wow. Another productive year working cases and analyzing cases in about seven different states. So I've been, I've been really, really blessed. A lot of travel, met a lot of fine people and I'm just living life.
- [01:37]
A
I've been working on the Stephen Smith case for as long as it's been reopened by SLED since 2021. And Stephen Smith perished on. In a road in Hampton, probably not far from from where your family lives. I mean, you know, we're on 11 years now that sand trying to figure out how her son ended up dead in the middle of a road. Tell me why we're stalled now.
- [02:03]
B
Well, I, I don't really know. I'll say up front and and foremost, she deserves these answers.
- [02:10]
A
This all came about about two weeks after the murder investigation into Maggie and Paul's death. So it was a couple of weeks later that Sandy Smith gets a call out of the blue from sled, which is our state law enforcement division, telling her we've reopened the investigation into your son based on information we learned during this investigation, which just started a whole hornet's nest of activity.
- [02:39]
B
I would have to agree, Ann. And you know, when, when I first started, when Eric reached out to me and said, look, we need some help, would you be willing to help? And I come on board. I can't tell you how many rumors, how many false tips and you can't just discount them. You have to check them out and see if you can include or exclude that information. And some of them, some of them were outright outrageous.
- [03:14]
A
Sure.
- [03:15]
B
I mean, I got lists of those. And, you know, some of them sound incredible. And I don't know if it's the need to be involved or if, you know, you see something and you just don't want to take the risk of it not being associated so you report. So I'm a big believer in passing on the information. You have to have it. But some of them, you would look at them and say, you know, if I was back with a caseload and someone called me with this information, I absolutely would ignore this. And not that I ever did that. I'm just saying some of it was outright outrageous. You know, for instance, a person in a state 10 states away don't remember the date, don't remember the time. But no, they traveled or don't remember the town. No, they traveled through South Carolina, and they believed they saw Stephen that night, but they still can't remember their path, you know, what highway they were on or anything. And it was. It was just. Law enforcement has to filter through all of this exhausting, and it will turn you around and send you the wrong direction every time, but you can't discount it. I believe that Steven's case represents missed opportunity.
- [04:37]
A
So let me fill you in a little bit. Troopers on the scene that night, July 8, 2015, believed that it was a homicide. In fact, at first, because of the head trauma and lack of any road rash, even Steven's shoes, with the laces untied and tucked in, were still on his feet. Multiple agencies were involved, including local police, state police, and highway patrol. But when the pathologist ruled it a hit and run, despite a fierce denial from troopers, here's what former trooper Tommy Moore, who responded to the call of someone lying in the middle of the road, told me about that night.
- [05:11]
C
I mean, I definitely think he was. He was murdered. There's two things that come to my mind. Either he was murdered there or he was murdered elsewhere and dropped there.
- [05:23]
A
And he took his concerns up the chain of command.
- [05:26]
C
I felt like the brass, which would be, you know, the people running the highway patrol should have stood up and went to sled and said, this is not a hit and run. Y' all are asking us to investigate something that is not a hit and run. I have an oath. I have. I can't walk away from that.
- [05:47]
A
He also went to the Hampton county
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C
sheriff, line by line by line, explained to them why this was not a hit and run, and tried to hand him the file, and they would physically not take it in their hand.
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A
State police backed off and the case went cold.
- [06:01]
B
It represents good old small town, small county law enforcement investigations, and it investigates. When that case went off the road into the weeds, it was because, you know, on the scene it was established that Stephen had perished from a gunshot wound. And too typically in South Carolina, I've been in too many of these battles as an agency administrator with other agencies. Once you hear that word, then, you know, other agencies say, well, that, that's not ours. It's not an accident. It was intentional. It's by gunshot and just by volume alone. The autopsy process. Now, it used to be, you know, I could work a homicide scene this morning and this afternoon I'm at the autopsy suite and they're doing the autopsy now. It can be days, sometimes a week before you get that examination conducted. There's a lot of missed opportunities, especially when you're not sure of cause and manner of death. There's a lot of missed opportunities that go away that you'll never get back in that time.
- [07:20]
A
And is that what happened to Steven?
- [07:23]
B
In my opinion, it is. You know, you had a sheriff's office on scene, you had a coroner's office on scene, and then you had highway patrol on scene. And highway patrol, typically, it's. It's not their job to investigate intentional homicides.
- [07:43]
A
Right.
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B
And once it was, you know, presented that Stephen Parish from a gunshot wound. I know if I was a trooper, I would pack my stuff up or I would go to a assisting function, and that's where it went. And it wasn't corrected until sometime later. By then, you've missed opportunities you've missed interviewing people, you've missed locating people you've missed be on the lookouts for. And you don't get that back. You just can't. It's really hard to get that back.
- [08:20]
A
I had interviewed trooper Tommy Moore, who was on the scene of Stephen Smith's accident, or however it went down. He was there and he, I think, and I'll check it, check my notes, but he was told to pack it up, like you're saying, which was very frustrating to him.
- [08:37]
C
About an hour later, I've got a call to come back to the scene. And when we did, they said, this is a hit and run. And I said, no, it's not. Can you tell me medically why you're ruling this a hit and run? Because he was in the road. And I said, ma', am. That's not a medical reason. I knew at some point they did an X ray of his head and there was no bullet inside his head. You're talking to a wall. They've already made their minds up.
- [09:17]
B
Well, I mean, I don't know. Everybody's got enough fish in their barrel to clean. In law enforcement you never have a, you never have enough manpower and there's never enough hours in the day. And I'm not saying that it's something that you look forward to, but if someone will take a little bit off your plate, sometimes it makes your day manageable. And I had a different philosophy here in Orangeburg, of course, with the approval of the sheriff because look, you can twist that sign any way you want. You couldn't make it say Sheriff Kenny Genzy. But I ran the day to day operations and I would just, I would compromise, I would say, look, let's both work this in conjunction with one another. Let's share documentation, share the evidence that we know exists, seek out the unknown, and when we finally get a cause and manner, then whichever side doesn't take primary, then we'll assist the other agency. And it always work for us. But I'm not telling you what, in those days where you had that argument and as a sled agent I witnessed that in many of the counties here in South Carolina where we would be asked to respond to a call for service, a death usually. And it had absolutely nothing to do with what we did, but we were an assisting agency and the chief and the major, and certainly the major over the forensic department. That's what they told us to do, we expected to do that and we did it. But now in the days of limited resources, you may have restrictions on that.
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A
So the missed opportunity happened at the point where basically the highway patrol walks off and says over to you.
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B
I don't know that they walked off and said that.
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A
But yes, I'm being too like with it. But like basically you're talking about that's where the communication kind of fell apart.
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B
It was, and I believe there was bad blood at that point in time. And it's certainly not with lieutenant, the lieutenant you mentioned earlier. Right. But I'm talking about some of the ones responsible for the actual collision report and then certainly the lead investigators and then it was a tiff with a very credible pathologist. And you know, I'm not going to get into the details, but her report, my report upon the examination and the exclamation and my analysis and then from what I understand, two additional Reputable, top of their field pathologists. All of our reports mirrored one another, and we never spoke. We never got together and compared notes. So I'm pretty sure we're going down the right path. It doesn't make it any less of a homicide if you run over someone or if you cause someone's death in a highway and then leave the scene.
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A
Sure.
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B
But it's not a gunshot wound. And that just sent everyone to their own toy box, you know, playground. And I don't. It's hard to get it back once that happens. It takes a very strong person in charge, and I'm talking about probably above any rank that was present there, to get all those people back together and tip your hat and say, look, we had some problems. Let's work together. Let's get this thing. You see it in the paper, you see it on the news. Does it really happen? It's really hard to get it back at that point. And I commend them, guys, that sled, they've had a. I don't know their results. I don't know that I'll ever know their results. But I have strong relationships at sled, and I know they've been working, and they don't have to tell. They don't have to have my permission, and they certainly don't have to share information with me. But 24 hours a day, if I receive information, I'm going to pass it on to them, and that's the way that relationship has to work.
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A
Well, and I know that sled has an open investigation into it, an active and open investigation, and I know that we did this exhumation. You were very enthusiastic about what you were able to discover once you were able to get into the exhumation, like, once you were able to examine Steven.
- [13:57]
B
Yeah, Ann. And I feel like I was successful at that. I feel like I got the answers. I validated what needed to be validated. And the validation point to me came by reviewing those other reports after. After Steven's second autopsy. And I can't tell you how odd it is that it worked out that way, because usually after that amount of time, it's very, very hard to document and verify physical evidence of injury on a decedent. And. But it just shined in our favor. And I believe. Yeah, I don't. You know, I'm not sure I get a lot of things right. But knowing that two medical doctors, at least two afterwards, their findings were in line with my findings, then I know we're down. We're going down the right Path or either all of us are wrong. And I just don't believe that with the evidence that I review.
- [15:07]
A
And when you, when, when you're saying. I mean, I've. I've gone through Dr. Aaron Presnell stuff with a fine tooth comb. Is that. Is that the original pathologist that you're speaking?
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B
That is the original pathologist. And you know that. That lady took a lot of heat.
- [15:23]
A
He's talking about the pathologist who ruled Steven's death a hit and run.
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B
A lot of heat.
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A
A lot of heat.
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B
Because of a personality conflict.
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A
Right.
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B
You know, and I don't know that that's ever been rectified or ever will be rectified, but she's got my respect. And, you know, I don't know her personally. I know the name, but, you know, everything that I looked at was validated by my findings. And then the findings from the second
- [15:54]
A
autopsy, I talked to Michelle Dupree, a forensic pathologist who was at the second autops. It lasted six hours. This is what she told me. After we did an external review of the body, we notated everything that was on the body. We also then did the internal examination. We had a forensic anthropologist in the autopsy suite as well, because, you know, we're looking for fractures and things of that nature. Everybody that took care of Stephen did such a professional manner that we were actually able to do a complete and thorough second autopsy at the time. She said those results would be back in a few weeks. That was April 2023. And those results are sealed.
- [16:37]
B
You know, you gotta. Sometimes you gotta back up and humble yourself and, and. But, you know, that doesn't always happen.
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A
Well, so we know we have a very good idea. We don't know anything. I mean, we weren't there that night, you know, but, but we, but we have a good idea that he was hit by a. By a truck or, or by a large vehicle. He got hit.
- [16:58]
B
Something connected to a vehicle? Yes, ma'. Am.
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A
And maybe it was the, the side mirror. It could have been on the side of the car. Right on the side of the truck or some appendage.
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B
Yes, ma'.
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A
Am. Something. Something. Do you. Is there. Is that theory that something could have been sticking out of the. The car, Is that still a valid thing for some.
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B
It's not in my opinion.
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A
Okay.
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B
Viable just for. Just from the physics of it. Just from the physics. And like I said, I'm not going to get into the particular wounds.
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A
I understand.
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B
But just by Stephen's wounds, I don't see the possibility of that okay, so
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A
if we've got the how or we think we're close to a how he died or how he was struck and made him expire there in the street. Right. Am I right? Am I close on that? We're good on the how, but we don't know the who.
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B
Exactly. I don't know the who that or the why. Yeah, that. That comes from the, you know, the. The investigation part of it. And unfortunately, you know, I'm not privy to that.
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A
Right. And I think that's where it's frustrating because to. As a journalist, you know, we want to know everything. I mean, and Kenny is so frustrating, too, because I felt like we were so close to them really grabbing on and being able to. To follow some of these leads. But we're really. We don't know, though. Right. Sled could be working on it behind. You know, they could still be working on the Stephen Smith case, but for whatever reason, it feels. It's just gone ice cold again.
- [18:42]
B
Yeah. And, you know, I said missed opportunities earlier. You know, memories fade, people leave this earth. People that had a motivation 11 years ago might not be so motivated now. And that's the unfortunate part of it. If you. That's why it's better when the iron's hot to get someone in and you've heard the term, lock them into a statement.
- [19:09]
A
Sure.
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B
Well, five years later, they say, well, I don't really recall. Well, here, review your statement that you gave five years ago and see if this jars anything. I don't know that I've ever remembered anybody say, well, yeah, I wrote that statement, but now I don't remember a thing. So those missed opportunities, I believe they've got a good idea who committed this. And once again, opinions are, you know, variable. But everyone wants it to be tied to the Murdoch family. And I can only speak from my analysis. I saw nothing that would make me even draw an inference that that's to be true.
- [19:58]
A
After so many rumors swirling about Buster and Stephen, Buster put out a statement in March 2023 through attorney Jim Griffin. I'm going to read the entire statement. I think it's really important. I have tried my best to ignore the vicious rumors about my involvement in Stephen Smith's tragic death that continue to be published in the media as I grieve over the brutal murders of my mother and brother. I love them so much and miss them terribly. I haven't spoke up until now because I want to live in private while I cope with their deaths and my father's incarceration before, during and since my father's trial, I have been targeted and harassed by the media and followers of this story. This has gone on far too long. The baseless rumors that I have been involved in Stephen and his death are false. I unequivocally deny any involvement in his death. And my heart goes out to the Smith family. I am requesting that the media immediately stop publishing these defamatory comments and rumors about me.
- [20:58]
B
Now, I haven't seen everything. I'm not the do all, catch all. I don't know. But if you ask Kenny, Kansas, I'm going to say there's no evidence that I've seen that would support that in any shape, form or fashion.
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A
Do you think there's evidence that support somebody else was involved?
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B
I do believe there were missed opportunities and there are names associated with that investigation. Yeah.
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A
That just did not get finished up,
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B
did not get followed up, did not get interviewed, period. Period. Credible information.
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A
Well, I, I, hopefully this is going to get resolved. I'm still supposed to talk to Sandy. We've had two meetings that have had to get canceled because of this weather in South Carolina.
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B
Kenny, I love Ms. Sandy, and I'm telling you, I pray often that someone will step forward. I've got to hold out hope and have faith that, you know, someone's going to have to answer to what happened to Stephen because it was certainly a promising life lost way too early.
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A
Way too early.
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B
You know, I still believe in my heart. I want to believe in my heart that they're going to come up with ANSWERS.
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A
I know Ms. Sandy is so grateful for the work that you did on this to come back in with Eric and, and, and look at this again. And I'm grateful to Eric for letting me talk to you about it because he wants to see resolution on this.
- [22:27]
B
Of course, Eric is a fierce, fierce advocate. He's, he's fierce.
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A
Here's what Eric Bland said the last time I asked him about the Steven Smith case.
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B
I really thought that after Alex was put away that the tone of silence that exists down there in Hampton would break. Somebody would come forward. I think there's six people that absolutely know exactly what happened to Stephen, but they're just not willing to talk. And I've been retained by Eric to work on cases for him. And I've been across the courtroom from Eric, and he doesn't pull punches. He'll tell you we're friends. We're great friends. But Kenny Kenzie got it wrong this time and it just makes a big laugh, you know, in court. And he fights And I fight. And I don't believe either one of us would accept it any other way. But I would like to just say he is a fierce advocate. And if I was in the position of Ms. Sandy, I would certainly welcome Eric to be my advocate.
- [23:34]
A
Yeah. Number one call. Tell you what.
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B
Yes, ma'.
- [23:37]
A
Am. He'll get to the bottom of it. We've watched him do it a couple of times. There is a $50,000 reward for information leading to an arrest in the Stephen Smith case. Is time to come forward and give this family the answers they deserve and have been waiting for for 11 years. Now, if you recognize Kenny Kinsey's name, it's because he was a star witness in the Murdoch murder trial. And that trooper, Lieutenant Tommy Moore, he was one of Alec Murdoch's financial victims. Alec represented Tommy, who was injured while working for the highway patrol. His patrol car was struck by another driver and he broke his back and had to retire. The money Alex stole was to pay for Tommy's medical bills. Have I piqued your interest like and subscribe to Criminally Obsessed? Because there is so much more like this coming your way.