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   STATE OF SOUTH CAROLINA)
                          ) IN THE COURT OF GENERAL SESSIONS
   COUNTY   OF   UNION    )





   THE STATE                  )
                              )  TRANSCRIPT OF RECORD
   -vs-                       )  94-GS-44-906
                              )  94-GS-44-907
   SUSAN VAUGHAN SMITH,       )
                              )  JULY 27, 1995
          Defendant.          )  UNION, SOUTH CAROLINA







   B E F O R E:

        HONORABLE WILLIAM HOWARD, Judge; and a jury.


             TESTIMONY of BEVERLY RUSSELL, JR.




   A P P E A R A N C E S:

        TOMMY POPE, ESQUIRE, SOLICITOR.
        KEITH GEISE, ESQUIRE, ASSISTANT SOLICITOR
        Attorneys for the State.

        DAVID BRUCK, ESQUIRE
        JUDY CLARKE, ESQUIRE
        Attorneys for the Defendant.





                                  Michael R. Watts
                                  Circuit Court Reporter


                                                 Page 1

 1                         INDEX
 2
 3 WITNESSES                                       PAGE
 4 BEVERLY RUSSELL
 5   Direct Examination by Mr. Bruck                 4
 6   Cross Examination by Mr. Pope                  22
 7   Redirect Examination by Mr. Bruck              31
 8

                                                 Page 2

 1                       EXHIBITS
 2 NO.    DESCRIPTION                          ID.   EV.
 3 (NO EXHIBITS MARKED)

                                                 Page 3

 1      (Proceedings, July 27, 1995)
 2                     *  *  *  *  *
 3      MR. BRUCK:  Thank you.  We call Beverly
 4 Russell.
 5      BEVERLY RUSSELL, JR., having been first duly
 6 sworn, testified as follows:
 7 DIRECT EXAMINATION BY MR. RUSSELL:
 8 Q    Your full name for the court reporter, please,
 9 sir?
10 A    Beverly C. Russell, Jr..
11 Q    Mr. Russell, do you live here in Union?
12 A    I do.
13 Q    And how long have you lived in Union?
14 A    1960.
15 Q    And do you know the defendant Susan Smith?
16 A    Yes.
17 Q    And how do you know her?
18 A    She's my stepdaughter.
19 Q    Mr. Russell, first I would like to ask you a
20 couple of questions about the time between October
21 25th and November 3rd.
22      Where was Susan Smith living during those days?
23 A    She was in -- in our house.
24 Q    With you and your wife?
25 A    Yes.

                                                 Page 4

 1 Q    Linda Russell, her mother.
 2 A    Yes.
 3 Q    What concern, if any, did you all have about
 4 any physical concern about Susan?  And what did that
 5 concern lead you to do, if anything?
 6 A    Well, I was concerned because of her past
 7 depression and problems we had about suicidal
 8 attempts.  I just immediately thought this emotional
 9 state we were in, we were all in, but particularly
10 for Susan, to take the handguns.  I had pistols.  I
11 took them to my office.
12 Q    So normally you keep several handguns in your
13 house?
14 A    That's right.
15 Q    And you did what with them?
16 A    Took them to my office.
17 Q    Had there ever been a time in your life in
18 which you had taken any sort of a similar action
19 because of Susan?
20 A    Yeah, when she was approximately thirteen years
21 old, there was some indications of some suicide, and
22 she was preoccupied with suicide, some things like
23 that.  And I didn't remove the weapons from the
24 house at that time, but I did take measures to take
25 the ammunition away, put it where she couldn't find

                                                 Page 5

 1 it.
 2 Q    I see.  Now, there has been a great deal of
 3 testimony about the -- and videotapes in this trial
 4 about the media, appearances about Susan pleading
 5 for the return of her children on television.
 6      Was Susan directing the media effort that was
 7 mounting?
 8 A    Absolutely not.
 9 Q    Can you describe how that unfolded and what
10 role Susan played as opposed to other members of the
11 family and other people?
12 A    Well, my background is such that I've done a
13 lot of things relative to political campaigns.  And
14 I more or less went into a campaign mode myself.
15 Q    Went into a -- I'm sorry?
16 A    A campaign mode, if you will, to try to get
17 some attention focused to find these boys.  That's
18 all could I think about.  When a lot of them, even
19 that night, a lot of our friends and relatives, were
20 out in the county looking and trying to see if they
21 could spot the car.  Even during the next day, I
22 stayed at home by the phone trying to activate as
23 much as I could for that purpose, to bring as much
24 attention to find this car.
25 Q    And you said that you have had a lot of

                                                 Page 6

 1 political experience?
 2 A    Oh, yeah.
 3 Q    You have run political campaigns?
 4 A    Yeah.
 5 Q    You have been a candidate?
 6 A    Yes.
 7 Q    And that's what you mean by campaign mode?
 8 A    That's right.
 9 Q    Now, was Susan participating in all of that
10 with you?
11 A    No, no.  She was very distraught.  I mean, she
12 was not with any composure at all, especially fresh
13 in the early morning hours, twelve, one, two, three
14 o'clock when we were just waiting for the sheriff to
15 call or waiting for something.
16 Q    Do you recall any time at all in which Susan
17 volunteered to be on television or to do something?
18 A    Never did she volunteer.  In fact, we had to
19 sell her on the concept that we got to do -- we have
20 got to find these boys.  We have got to let the
21 nation know.  You have got to do it.  All of us were
22 involved in that effort to encourage her to do that.
23 Q    And she eventually complied?
24 A    Yes.  And there may have been a time there that
25 she even wouldn't do it at all, and probably was.

                                                 Page 7

 1 Q    Do you recall if she was under any medication
 2 during this time?
 3      Please help yourself to some water.
 4 A    Ask me that question again, please.
 5 Q    Do you remember whether Susan was taking any
 6 medication?
 7 A    She had -- she wasn't taking any initially, but
 8 that --
 9 Q    Right.
10 A    The next morning, I guess about seven or eight
11 o'clock, I heard extreme wailing, crying coming --
12 Q    This was the next morning?  Wednesday, the
13 first full day?
14 A    The next day, about -- it may have been about
15 eight o'clock, or something like that.  We have --
16 for Michael and Alex, we have a swimming pool in the
17 living part of the house where we put the toys.
18 Q    Take your time, Mr. Russell.  We have got all
19 the time you need.
20 A    And we had such a house full of family and
21 friends, and I guess Linda had moved the swimming
22 pool with the toys and everything into the --
23      And I heard all this wailing coming from
24 Michael's room.  And I went in there and I thought
25 we must have got some news, it was just bad news,

                                                 Page 8

 1 and I didn't hear the phone ring or anything.  And
 2 it was Susan laying on the floor, one arm over into
 3 the pool holding just a bunch of toys and crying,
 4 and just wailing.
 5 Q    Wailing?
 6 A    Yeah, just a terrible noise.
 7      And at that time I think it was I, it might
 8 have been Linda.  But I think it was me that called
 9 out Dr. Owens.  And he called in a prescription, and
10 someone went to get it for some type sedative.
11 Q    And she took that?
12 A    She took that.  And as I recall, on the bed,
13 none of us had had any sleep during that particular
14 time, and she hadn't either.
15 Q    Did she continue to take sedation during that
16 time?
17 A    Yeah, we had it refilled.
18 Q    What effect, in any, did that have on her, that
19 you noticed?  Did it make her sleep?
20 A    Oh, yeah, it seemed to be the only rest that
21 she could get.
22 Q    How did she spend, if you know, most of those
23 nine days?  What was the range of her activities?
24 A    Most of it was spent, seemed like to me, at
25 least answering questions.  And then most of the

                                                 Page 9

 1 times when she would get home, it was sedation and
 2 going to sleep.
 3 Q    Sedation and going to sleep?
 4 A    Very passive.  Of course, it was just a lot of
 5 people there with family and friends.  We had a
 6 house full.  People sleeping on the floor and
 7 everything.
 8 Q    Of course, Susan lied to everybody, didn't she?
 9 A    Yes.
10 Q    And she didn't admit the truth to you either
11 during this time?
12 A    Oh, no.  Oh, if she had, I would have gotten
13 you before then, you know, because we -- we
14 encouraged this thing about the media.  We
15 encouraged her to talk with Sheriff Wells.  We were
16 wanting to find the boys.
17 Q    Mr. Russell, I would like to show you a little
18 bit of tape.  I don't know.  Can you see the TV
19 screen from where you are?
20 A    Yes.
21 Q    And we will just play it.  It's only about a
22 minute or two, and I'll ask you to identify who is
23 in it.  This actually it's -- this is Defendant's
24 Exhibit 47 admitted, or at least I understand the
25 State has no objection to it.

                                                 Page 10

 1      MR. POPE:  That's correct, Your Honor.
 2      MR. BRUCK:  We offer it.
 3      THE COURT:  Okay.  You may publish it at this
 4 time.
 5      That's 47, is that right?
 6      MR. BRUCK:  Yes, 47.
 7      THE COURT:  Without objection.
 8      (Whereupon, at 3:39 p.m., Video Tape was played
 9 to the jury panel)
10      (Whereupon, at 3:41 p.m., Video Tape was
11 concluded)
12 Q    Mr. Russell, who all was on that tape?
13 A    It was me holding and playing with Alex, and
14 sounded like Linda's I heard.
15 Q    That was Linda's voice in the background?
16 A    Yes.
17 Q    And that tape was made where?
18 A    In our den sitting in my recliner.
19 Q    I'm sorry?
20 A    Sitting in my recliner, I was.
21 Q    And did that date appear to be accurate?
22 October 30th I think was the time stamped on the
23 tape.  I don't mean to the day, but is that, likely
24 given his age, about right?
25 A    Yeah, I would say so.

                                                 Page 11

 1 Q    Was it unusual to have Alex over at your house?
 2 A    It was regular.
 3 Q    Regular?
 4 A    Yes, sir.
 5 Q    And Michael?
 6 A    Yes.
 7 Q    Tell me about how much you saw those kids and
 8 what sort of relationship that you had with them?
 9 A    We would see them -- I would see them every
10 week, at least.  They would be coming when Susan
11 would bring them five or six -- on Sunday, that was
12 just a regular Sunday dinner.  Then their being
13 there all afternoon, and usually not going home
14 until about dark.
15      And then sometimes -- often sometimes through
16 the week they would be there.  Of course, I wouldn't
17 see them unless they were there in the evening.  But
18 that was often too.
19 Q    You were close to those boys?
20 A    Oh, yes.
21 Q    What was it like when you found out that Susan
22 had killed them?
23 A    It was the worst shock I ever had heard and I
24 couldn't believe it.
25 Q    Take your time.  That's okay.

                                                 Page 12

 1 A    It was -- we, as a rule, were not watching
 2 television because it was just so hard.  And we
 3 don't watch it because we felt like we could watch
 4 the news, if there was a news conference with
 5 Sheriff Wells in it, that he never got into the
 6 things that were hurting us and hurting us
 7 emotionally.
 8      And he was going to have a news conference,
 9 along with some pastors.  And as we were watching
10 it, the news began to break, that Susan has
11 confessed to something, that it, you now, just kept
12 inching out the details, until finally the worst of
13 the bad news -- I can't hardly say it.  It was that
14 bad, it was so devastating.  Our church people were
15 there, bring supper to the family.  It was just
16 crushing, crushing.
17 Q    And the sheriff arrived by helicopter?
18 A    Yeah, we heard it by television.  But Sheriff
19 Wells said he couldn't come sooner, even though that
20 news people somehow got -- I guess that was the
21 first of the leaks, but he said he just hadn't
22 knowed for sure that's what happened, until get the
23 car out and confirm it.  And he was over to the
24 house in a helicopter.  I heard it coming.  I just
25 thought it was another one of those news

                                                 Page 13

 1 helicopters.  And then that whole evening the news
 2 media was just all over our house.
 3      Anyways, he explained -- Sheriff Wells
 4 explained that he couldn't get there any sooner
 5 because he had to determine what would happen.
 6 Q    What happened when he came?
 7 A    He came in the front door and everybody
 8 gathered around him.  And just said the worst news.
 9 "you know, it's not good."  And it was just -- it
10 was horrible.
11 Q    Can you tell us what effect this has had on
12 Susan's mother Linda?
13 A    Well, she's had extreme -- it's so horrible.
14 It's almost unbelievable to look in her face and for
15 us to know what's happening.  It's just crushed her
16 and it still crushes her.
17      Those children were absolutely her heart, and
18 they still are her heart.  She -- we have been in a
19 situation we can't -- I mean, she has put every bit
20 of resource that she has - emotional, spiritual,
21 physical - right now into holding onto Susan's life.
22 That it's -- it's been -- we can't even get to the
23 grieving process further with Michael and Alex.
24 Q    Why not?
25 A    We are still focusing in on trying to save

                                                 Page 14

 1 Susan's life, and it's just -- it's terrible what --
 2 she's -- I just -- I just don't know how she would
 3 be able to cope if she gets the death penalty.
 4 Q    Did there come a time -- you were married
 5 before you were married to Linda?  This is your
 6 second --
 7 A    Yes.
 8 Q    This is your second marriage?
 9 A    Yes.
10 Q    And you had some children, three daughters?
11 A    That's right.
12 Q    And they are now grown --
13 A    That's right.
14 Q    -- or just about.  And you have some
15 grandchildren?
16 A    That's right.
17 Q    Did there come a time when had you to explain
18 what happened to Michael and Alex to your
19 grandchildren?
20 A    Well, my daughters did that.  But the
21 explanation went like this.  Even --
22      Well, they have been around.  They have seen
23 Susan with the children.  They have seen them.  They
24 have seen Susan love Michael and Alex.  And it
25 doesn't make sense no more to them than it does to

                                                 Page 15

 1 any of us.
 2      And in our way of explaining, for them to try
 3 to understand is that Susan was sick.  Susan, even
 4 though she loved her children, what happened was
 5 from a sickness.  And they have somewhat accepted
 6 that.
 7 Q    How old is Jessie, I'm sorry?
 8 A    Jessie was born 9-1 of '91.
 9      Something came on the television, and it was
10 just one of those -- we can't watch television
11 without hearing it.  So she says that Susan is
12 already dead.
13 Q    Susan is?
14 A    Already dead.  So we have to go back and
15 explain that no, she's -- you know, all this stuff
16 that she's been --
17 Q    This is your granddaughter, who would be four
18 in September?
19 A    That's right.
20 Q    Thought that Susan was already dead?
21 A    Yeah.
22 Q    And you explained that she's not?
23 A    That's right, yeah.  And we -- particularly
24 with Lane and Morgan, they went to the same
25 day-care.

                                                 Page 16

 1 Q    How old are those grandchildren?
 2 A    Lane was born in January of '91.  And Morgan --
 3 Q    So he's four?
 4 A    Morgan was born in April of '93.
 5 Q    I interrupted you.
 6 A    They were in the same day-care.
 7      And the way Susan would come in and, or my
 8 daughter Lorie would come in, they were always
 9 picking up all the same babies.  And they knew too
10 very much how much Susan loved them.  It's just so
11 conflicting, you know.
12      And I don't know how we could explain to them
13 now, you know, if Susan gets the death penalty how
14 we are going to say that well, even though she was
15 sick, they are going to kill her for being sick.  In
16 the child's mind, we can't -- we can't justify it at
17 all.
18 Q    Do you know how Susan feels?
19 A    Yes.
20 Q    About --
21 A    About the death penalty?
22 Q    Yeah.
23 A    Sure.  I have talked with her about it, and I
24 have had correspondence with her about it.  And she
25 really hadn't dealt with it much, only to say that

                                                 Page 17

 1 she would anticipate the death penalty, that it
 2 would be a way that she could go to heaven and be
 3 with Michael and Alex and she wouldn't be
 4 responsible.
 5      For instance, the other side of the coin being
 6 suicide, she's not too sure if she would make heaven
 7 or not, that being maybe a last sin that would be
 8 unforgiven.
 9 Q    That suicide might be a sin that cannot be
10 forgiven?
11 A    That's right.  But let me say this too.  That
12 the death penalty is no threat to Susan.  It's a
13 threat to Linda, to Michael, Scotty, our
14 grandchildren, me, all these people.  It's a threat
15 to our community.
16 Q    Mr. Russell, back in the middle of June did you
17 have occasion to write Susan a letter?
18 A    Yes, sir.
19 Q    Did you bring a copy of it with you?
20 A    No, sir.
21 Q    I would hand you this copy and ask you if
22 there's a portion of this letter that you would like
23 to read to this jury?
24 A    Sure.
25      MR. POPE:  If it please the court, Your Honor,

                                                 Page 18

 1 can I see the letter?
 2      THE COURT:  You have not seen it yet?
 3      MR. POPE:  No.
 4      THE COURT:  Yes, if you would then.
 5      MR. BRUCK:  I'll just show our copy to the
 6 solicitor.
 7      MR. POPE:  If I can have a moment to look at
 8 it.
 9      MR. BRUCK:  We do not intend to admit the
10 document.  We intend to publish it.
11      MR. POPE:  If it please the court, I hadn't
12 finished.  I thought Mr. Bruck was going to
13 determine what part he was reading.  I apologize for
14 delaying the court.  I just haven't seen the letter.
15      THE COURT:  I understand.  Take your time.
16      MR. POPE:  Thank you.
17      THE COURT:  All right.  Now, you intend for
18 this witness to publish a portion of this letter to
19 the jury?
20      MR. BRUCK:  That's correct.
21      THE COURT:  And is that without objection?
22      MR. POPE:  No objection, Your Honor.
23 Q    Mr. Russell, you told me that you did send a
24 letter in the middle of June to Susan?
25 A    That's correct.

                                                 Page 19

 1 Q    And I believe I eventually got a copy of it?
 2 A    (shaking head yes)
 3 Q    And asked you to look at it again, and I would
 4 like you now, if you would, to read the portion of
 5 the letter that you would like to read to this jury.
 6 A    "I must tell you how sorrow I am for letting
 7 you down as a father.  I had responsibilities to you
 8 in which I utterly failed at.  Many say this failure
 9 I had nothing to do with October 25th.  But I
10 believe differently.  Of course had I known at the
11 time what the result of my sin would be, I would
12 have mustered the strength to behave according to my
13 responsibilities.  Looking back - I was the most
14 important male figure in your life.  Harry died when
15 you were too young to have been established in
16 relationship to him.  When I came into the family,
17 you leaned on me and looked to me for support and
18 love.  But when the line was crossed, I failed you,
19 Linda, God, and the rest of my family.  My remorse
20 goes way past sorrow for getting caught and exposed
21 which is significant in itself.  But to see
22 unfolding before our eyes the principal of reaping
23 and sowing; to lose Michael and Alex; to see you in
24 prison; to see Linda crushed with extreme losses,
25 for me to lose the whole family relationship, and

                                                 Page 20

 1 the hurt to my children.  And all you needed from me
 2 was the right kind of love.  I had the capability to
 3 do the right thing and missed the mark.  I don't
 4 pour this remorse out to ask for your forgiveness.
 5 You have already done that and I have accepted your
 6 forgiveness.  But I want you to know that you don't
 7 have all the guilt of this tragedy.  Had I been true
 8 to you and my responsibilities, you would have been
 9 stronger in yourself; not needing to be constantly
10 supported and reassured emotionally.  I should have
11 helped prepare you to meet the challenges of the
12 world, to be more independent.  But now I see that I
13 had a negative impact.  Instead, you left home
14 always looking for love and acceptance.  My heart
15 breaks for what I have done to you, and for the pain
16 and your loss.
17      However, we must go on with life, learn to look
18 forward and to serve Him who saves us and who holds
19 Michael and Alex.  We will get through this with
20 God's grace and power."
21      I think that's what you wanted me to say.
22 Q    Mr. Russell, did I ask you to write that letter --
23 A    No.
24 Q    -- to your stepdaughter?
25 A    No, you never asked me to write anything, any

                                                 Page 21

 1 letter.
 2 Q    Was that written so that it could be read in
 3 court?
 4 A    No.
 5 Q    Mr. Russell, why did you write that letter?
 6 A    It was a Fathers Day.  Those days are special
 7 to Susan, and I knew she needed a letter.
 8 Q    It was Fathers Day?
 9 A    Yes.
10 Q    Please answer any questions that Mr. Pope may
11 have.
12      THE COURT:  Counsel, cross-examination?
13      MR. POPE:  If it please the court.
14      THE COURT:  Yes, sir.
15 CROSS EXAMINATION BY MR. POPE:
16 Q    Mr. Russell, you told Mr. Bruck about --
17      THE COURT:  Counsel, I think you are going to
18 need to keep your voice up.  I don't think the jury
19 can hear you.
20      MR. BRUCK:  I know I can't.
21 Q    Mr. Russell, you told Mr. Bruck about the nine
22 days in October and November?
23 A    Yes.
24 Q    And during those nine days, Susan Smith never
25 told you anything different than the carjacking, is

                                                 Page 22

 1 that correct?
 2 A    That's right.
 3 Q    I'm not sure.  I may have misunderstood you.
 4 You said that Susan had lied, if she had told you,
 5 you would have gotten Mr. Bruck sooner?  Is that
 6 what you had said?
 7 A    Yes.
 8 Q    Okay.  So you retained Mr. Bruck --
 9      MR. BRUCK:  Objection, Your Honor.
10      THE COURT:  Yes, counsel, would you like to
11 approach the bench?
12      (lawyers approached the bench)
13      THE COURT:  Ladies and gentlemen, please
14 disregard the last question.
15 Q    Mr. Russell, Mr. Bruck asked you whether you
16 wrote this letter at his request, and you said you
17 didn't, is that correct?
18 A    That's correct.
19 Q    And you said that at the beginning of the
20 letter, you said "I had just talked with Judy."  Who
21 is Judy?
22 A    Judy Clarke.
23 Q    And this was on June the 17th of '95?
24 A    Yeah.  Yes, sir.
25 Q    And in the close when you said "Judy just

                                                 Page 23

 1 called for me to meet her again."  That was Judy
 2 Clarke?
 3 A    Uh-huh.
 4 Q    And you said that this letter wasn't written in
 5 anticipation for court in any way?
 6 A    That's right.
 7 Q    And it was written as a Fathers Day letter from
 8 you to Susan?
 9 A    Yes, sir.
10 Q    But then Mr. Bruck asked you to bring it to
11 court, is that correct?
12 A    He didn't ask me to bring to it court.  He
13 asked me if I would be willing to read a portion of
14 it into court.
15 Q    Did you make Mr. Bruck aware of the existence
16 of this letter?
17 A    Well, it was our course of transferring
18 letters.  Actually Judy had called me.  And at the
19 day I believe I hadn't met her until that day.  But
20 she was going to be coming to Union and delivering a
21 letter from Susan to me.  So I quickly drafted that
22 to hand her when she gave me the letter to Susan.
23 So that was how that came about.
24 Q    So Ms. Clarke knew about this letter because
25 you gave to it her that day?

                                                 Page 24

 1 A    I gave her that letter, yeah, to take to Susan.
 2 I never mailed a letter to Susan.  I always used
 3 some of the defense team's personnel just to hand
 4 carry it.  I never mailed one.
 5 Q    Was the letter sealed in an envelope?
 6 A    I don't recall.  I don't know.  It may have
 7 been.
 8 Q    Mr. Russell, you had talked about the need to
 9 remove the weapons from the house.  You still had
10 like a rifle in a gun cabinet there in the den?
11 A    Sure.
12 Q    And that remained in the house?
13 A    That's right.  I did remove the ammunition.  My
14 thought on that was that Susan didn't have the
15 ambidextrous or the skill to even know how to load
16 one of those, you know.
17      And knowing that a pistol is much more
18 efficient, and really so many people in that house,
19 she could have hardly approached that gun rack.  I
20 mean, it was right in the middle of the den.
21 Q    Mr. Russell, you said in your letter that you
22 had read to the court that if you had known at the
23 time, you would have mustered the strength to
24 behave, I believe, is that correct?
25 A    Behave, according to my -- I don't remember how

                                                 Page 25

 1 I worded it.  I would be glad to read it.
 2 Q    Where -- yes.  I don't want to misquote.
 3 A    Go ahead.
 4 Q    I just need -- "had I known at the time what
 5 the result of my sin would be, I would have mustered
 6 the strength to behave according to my
 7 responsibilities."  I think it may --
 8 A    Right here.
 9 Q    Could you read that?
10 A    "Of course had I known at the time what the
11 result of my sin would be, I would have mustered the
12 strength to behave according to my
13 responsibilities."
14 Q    And when you say the result of your sin, you
15 are talking about the death of Michael and Alex?
16 A    I think there is a lot of responsibility.  A
17 lot of results in that.  And I think, yeah, there
18 was some responsibility on my hands, because I
19 wasn't able to do what I should have done as a
20 father, to give her the love and support that a
21 father should give.  And I let her down in that
22 regard, and it may have prolonged her mental
23 illness.
24 Q    Now, when you say mental illness, you are aware
25 there is testimony that she knows right from wrong

                                                 Page 26

 1 and that she has the capacity to conform her
 2 conduct?  You are aware the defense expert said
 3 that?
 4 A    Yes.
 5 Q    You indicated that she said -- or she believed
 6 that suicide -- or had some questions about suicide
 7 being a sin that could not be forgiven?
 8 A    That's right.
 9 Q    Again, would that be like the last sin that you
10 would commit before death?
11 A    Yeah, without being forgiven for.
12 Q    And then consequently that would determine
13 whether you went to heaven or hell?
14 A    That's right.
15 Q    Mr. Russel, are you currently -- what is your
16 status with Ms. Russell now?  Are you there at the
17 house now?
18      MR. BRUCK:  I'm sorry, I couldn't hear that
19 question.
20 Q    I said what is your status with Ms. Russell
21 now?  Are you there at the house now, or --
22 A    We live apart.
23 Q    And that is a result of the disclosures that
24 have come out --
25 A    You were aiming at something over here.  I

                                                 Page 27

 1 don't know what it is.
 2 Q    I'm sorry, sir, this is just October and
 3 November of 1994, the whole sequence of events.
 4      Is that the result of --
 5 A    Give that question again.  I'm sorry.
 6 Q    That your moving out was as a result of
 7 disclosures involving you and Susan that came from
 8 this event?
 9 A    No.
10      MR. BRUCK:  Objection to relevancy, Your Honor.
11      THE COURT:  No, it's cross-examination.  I'll
12 allow it.
13 A    No, not -- be more specific with your question,
14 because I'm --
15 Q    I'll try to be.
16      You and Ms. Russell are separated, is that
17 correct?
18 A    Yes.
19 Q    You were separated as a result of the
20 disclosures from the October 25th event, the
21 disclosures that followed concerning you and Susan?
22 A    No.
23 Q    Prior to October 25th, were you separated --
24 A    No.
25 Q    -- from Ms. Russell.

                                                 Page 28

 1      Mr. Russell, your relationship with Susan Smith
 2 continued after she was outside the home, is that
 3 correct?
 4 A    What kind of relationship are you talking
 5 about?  Are you talking about out of the home?  Like
 6 what age?  What are you talking about?
 7 Q    When she moved out of the home, when she was
 8 married, she was no longer living under your roof,
 9 your sexual relationship with her continued, didn't
10 it?
11 A    There was a long gap and it reoccurred.
12 Q    Could you tell me or tell the jury when that
13 gap was and when it reoccurred?
14 A    I would say probably during the year of 1993.
15 Q    Is when it began?
16 A    And I can't -- I cannot be specific with you on
17 that.  It was --
18 Q    That's when it began to reoccur?
19 A    Right.
20 Q    And it continued up until shortly before
21 Michael and Alex's death?
22 A    That's correct.
23 Q    And it would sometimes occur at your place of
24 work, is that correct?
25 A    No.

                                                 Page 29

 1 Q    It did not?
 2 A    No.
 3 Q    Could you tell me where it did occur?
 4 A    Mostly at the passing in our own home in Mount
 5 Vernon.  Just it was more of a casual contact for
 6 the most part.
 7 Q    You say it was primarily in the Mount Vernon
 8 home?
 9 A    Yes.
10 Q    Was there times when it occurred not under your
11 roof?
12 A    Yes.
13 Q    Where did that occur?
14 A    Once at her house and once in Spartanburg.
15 Q    When was the last time it occurred, Mr.
16 Russell?
17 A    I would say August of '94.
18 Q    Did you make a choice to do that?
19 A    Yes.
20 Q    And Susan Smith made a choice to do that, did
21 she not?
22 A    Yes.
23 Q    Thank you, sir.
24      MR. POPE:  No further questions.
25      THE COURT:  Anything on redirect?

                                                 Page 30

 1      MR. BRUCK:  If I could confer.
 2      (off record)
 3      (back on the record)
 4 REDIRECT EXAMINATION BY MR. BRUCK:
 5 Q    The things that you have just admitted to Mr.
 6 Pope, you eventually admitted them to your wife
 7 Linda?
 8 A    Yes, I did.
 9 Q    When Susan was already in prison?
10 A    I did.  That's right.
11 Q    And you admitted them to Linda after you began
12 to receive therapy?
13 A    That's right.
14 Q    Counseling?
15 A    That's right.
16 Q    And is that why you were separated from Linda?
17 A    That's the reason, yes.
18      MR. BRUCK:  That's all.
19      THE COURT:  All right, sir, you may come down.
20                     *  *  *  *  *

                                                 Page 31

                        CERTIFICATE
        I, the undersigned, Michael R. Watts, Official
   Court Reporter for the Seventh Judicial Circuit of
   the State of South Carolina, do hereby certify that
   the foregoing is a true, accurate and complete
   Transcript of Record of all the proceedings had and
   evidence introduced in the requested testimony of
   the captioned cause, in the Court of General
   Sessions for Union County, South Carolina, on the
   27th day of July, 1995.
        I do further certify that I am neither of kin,
   counsel nor interest to any party hereto.

                        August 8, 1995





                        ___________________________________
                        Michael R. Watts
                        Circuit Court Reporter




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