Juror testifies comments by clerk of court influenced her decision to convict Alex Murdaugh of murder
Dakin Andone, CNN | 1/29/2024, 1:23 p.m.
One of the jurors who found Alex Murdaugh guilty of murdering his wife and 22-year-old son testified Monday comments made by the Colleton County, South Carolina, clerk of court influenced her verdict – an allegation which is key to Murdaugh’s quest for a new trial.
But every other juror questioned as part of an evidentiary hearing testified their verdicts were not influenced by the clerk, Rebecca “Becky” Hill, who’s been accused by Murdaugh and his attorneys of inappropriately discussing the case with jurors and pressuring them to conclude deliberations quickly.
Hill has denied the allegations, and she did so again while testifying at the hearing Monday afternoon.
The first juror questioned Monday, identified as Juror Z, testified she was influenced by remarks Hill made, telling the judge she heard the clerk say to “watch his actions” and to “watch him closely.” Hill’s comments, Juror Z said, “made it seem like he was already guilty.” Asked if Hill’s comments affected her finding of guilt, the juror said, “Yes, ma’am.”
Juror Z was also asked about an affidavit where she indicated she had questions about Murdaugh’s guilt but voted for a guilty verdict “because I felt pressure by the other jurors.” Asked by the judge if it was “a more accurate statement of how you felt,” the juror said, “Yes, ma’am,” affirming she stood by the affidavit.
The affidavit also said prior to Murdaugh testifying, Hill told the jurors “not to be fooled” by evidence offered by the defense. The juror wrote she took it as an indication Murdaugh would lie.
The other 11 jurors denied being influenced, though two said they also heard comments made by the clerk when Murdaugh took the stand to testify.
Juror X, who testified Friday due to a scheduling conflict, described hearing Hill say that day was “important” and “epic” because of Murdaugh’s testimony, while Juror P testified Monday about hearing Hill make a comment about watching Murdaugh’s body language. But both jurors said those comments did not influence their decision to convict.
Hill filed a signed affidavit last November denying 26 specific accusations from Murdaugh’s motion for a new trial, and she reiterated those denials on the stand Monday.
Under questioning by prosecutor Creighton Waters, Hill acknowledged she referred to the day of Murdaugh’s testimony as a “big day” and said to “pay attention,” but likened her comments to a “pep talk,” which was not meant to indicate favor for one side or another.
Murdaugh’s jury deliberated for about three hours before it convicted him last March of murdering his wife, Maggie, and his son, Paul, at the family’s hunting estate in June 2021. Prosecutors said the killings were an attempt by Murdaugh to distract from and delay investigations into an array of financial crimes he was carrying out, targeting his own clients and law firm.
Hill filed a signed affidavit last November denying 26 specific accusations from Murdaugh’s motion for a new trial. The South Carolina Attorney General’s office, which led the prosecution against Murdaugh, has urged the courts to deny the motion.
In their motion for a new trial, Murdaugh and his attorneys also allege Hill misrepresented information to the trial judge about a juror who was ultimately dismissed. Hill’s alleged tampering, Murdaugh’s defense team claims, was meant “to secure for herself a book deal and media appearances that would not happen in the event of a mistrial.”
Monday’s hearing was briefly interrupted by the revelation jurors’ phones had not been confiscated, and some jurors had watched Juror Z’s testimony. Two acknowledged during questioning they watched part of the hearing on their cellphones prior to testifying, and a third acknowledged overhearing the proceedings on another juror’s phone. But each said it would not impact their testimony.
Three days have been set aside for the hearing, if needed. But the judge has said she hopes the entire proceeding will take just one full day.
Murdaugh’s attorneys had indicated they also wanted to call alternate and dismissed jurors, as well as prosecutors and Judge Clifton Newman, who presided over the murder trial, as witnesses. But retired South Carolina Supreme Court Chief Justice Jean Toal – who is overseeing Murdaugh’s efforts for a new trial after Newman requested to be removed from post-trial developments – said Monday’s hearing would have a “very focused scope,” and witnesses would be limited to the 12 jurors who rendered the guilty verdict and Hill.
In the meantime, Murdaugh’s appeal of his murder conviction has been suspended, pending the outcome of his quest for a new trial.
Murdaugh denies committing the murders, professing his innocence in court as recently as last November, when he was sentenced to another 27 years in prison after pleading guilty to two dozen state financial crimes.
The case brought national attention – including Netflix and HBO Max documentaries – to Murdaugh, the former personal injury attorney whose father, grandfather and great-grandfather served as prosecutors for a portion of southern South Carolina from 1920 to 2006.
Court clerk denies allegations
Murdaugh’s attorneys first levied the jury tampering allegations against Hill last September, prompting South Carolina Attorney General Alan Wilson to request an investigation by state law enforcement.
“Ms. Hill betrayed her oath of office for money and fame,” said the motion, which cited at least three sworn affidavits, including one from a juror and another from a dismissed juror, as well as excerpts from her book, “Behind the Doors of Justice: The Murdaugh Murders.”
Hill denied the allegations in a three-page affidavit last November as part of a blistering response by Wilson’s office, writing, in part, “I did not tell the jury ‘not to be fooled’ by evidence presented by Mr. Murdaugh’s attorneys,” and, “I did not tell jurors: ‘Y’all are going to hear things that will throw you all off. Don’t let this distract or mislead you.’”
Hill’s co-author has also denied claims by Murdaugh’s attorneys, telling CNN they did not have guarantees from any publisher when they set out to write the book and spent $30,000 of their own money.
“The fact is, there was no book deal coming her way or our way,” said Neil R. Gordon, who did not meet Hill until after the trial was over.
Gordon has since accused her of plagiarism, and her attorneys say she admits their book included plagiarized passages lifted from a reporter’s draft article. Attorneys Justin Bamberg and Will Lewis said in a statement Hill was “deeply remorseful,” attributing the “unfortunate lapse in judgment” to “tight time deadlines.”
The plagiarism was cited by Murdaugh’s attorneys in a filing this month, saying her “credibility is the crux of the matter before the Court” and accusing her of misconduct aside from the alleged jury tampering.
In a statement this month, a spokesperson for the South Carolina Law Enforcement Division confirmed Hill is the subject of two open investigations, one “regarding her alleged interactions with” Murdaugh’s jury, and the other “regarding allegations she used her elected position for personal gain.”
Judge Toal has indicated that Hill and jurors testifying Monday will only be asked questions regarding what happened during the murder trial, saying in a preliminary hearing that the “record of this case is not to be used as a platform to explore each and every fault of each and every witness, be it the jury or the clerk.”
This story has been updated with additional information.
CNN’s Dianne Gallagher and Maxime Tamsett reported from Columbia, South Carolina, while Dakin Andone reported and wrote this story in New York. CNN’s Devon Sayers and Shawn Nottingham contributed to this report.