Monday - Hearing determines whether Alex Murdaugh should be granted new murder trial

Dianne Gallagher, CNN | 1/29/2024, 9:10 a.m.
A hearing to decide whether Alex Murdaugh should receive a new murder trial begins Monday, as his attorneys allege the …
Alex Murdaugh attends a hearing on a motion for a new trial on January 16 at the Richland County Judicial Center in Columbia, South Carolina. Mandatory Credit: Tracy Glantz/AP

A hearing to decide whether Alex Murdaugh should receive a new murder trial begins Monday, as his attorneys allege the court clerk for Colleton County, South Carolina, tampered with the jury that last year found him guilty of murdering his wife and son.

In their motion for a new trial, Murdaugh and his attorneys allege Colleton County Clerk of Court Rebecca “Becky” Hill inappropriately discussed the case with jurors, pressured them to conclude deliberations quickly and misrepresented information to the trial judge about a juror who was ultimately dismissed. Hill did this, Murdaugh’s defense team claims, “to secure for herself a book deal and media appearances that would not happen in the event of a mistrial.”

Hill denies the allegations, and she 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.

The evidentiary hearing Monday is expected to include the testimony of 11 jurors from the original murder trial – a court order has restricted reporting on jurors’ biographical information – and Hill. Dick Harpootlian, one of Murdaugh’s attorneys, indicated the jurors would be questioned in the morning, with Hill expected to take the stand in the afternoon.

A 12th juror testified Friday to accommodate a scheduling conflict and denied being influenced by Hill, answering “yes” when asked by the judge whether their verdict was “based entirely on the testimony, evidence and law” presented during the trial.

Asked whether the verdict was “influenced in any way by any communications” with Hill, the juror responded, “No, your honor.”

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.

Murdaugh, who is serving two consecutive life sentences for the murder of his wife and son, was present for and appeared attentive at Friday’s hearing in Columbia, South Carolina. He came into the courtroom with his hands and feet shackled, and he wore a bright orange prison uniform.

In the meantime, Murdaugh’s appeal of his murder conviction has been suspended, pending the outcome of his quest for a new trial.

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.

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.

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.”