Alex Murdaugh wants a new trial; SC Supreme Court to hear the appeal

GREENVILLE, SC – More than a year after Richard “Alex” Murdaugh’s historic double-murder trial captured national attention, the disbarred attorney serving two life sentences for the murders of his wife and son has a chance at a new process.

Last year, Murdaugh, who destroyed a legal dynasty in South Carolina, was convicted of the crimes and pleaded guilty to state and federal charges related to a series of financial fraud crimes spanning more than a decade and millions of dollars that involved a number of victims in several states in South Carolina. counties. Murdaugh continues to deny that he killed his family. His request for a new trial, accusing a court official of jury tampering, was initially denied.

Then on Tuesday, the South Carolina Supreme Court granted Murdaugh’s request, saying they would hear his appeal, meaning he can skip the lengthy appeals court process. At the heart of the appeal and review is not Murdaugh’s guilt or innocence, but whether he was fairly denied a new trial for the murder by former South Carolina Chief Justice Jean Toal earlier this year. The Supreme Court could overturn or overturn that ruling — and order the court to give him a new trial.

It’s not impossible for Murdaugh to get a new case, according to Christopher Adams, a Charleston attorney and former president of the National Association of Criminal Defense Lawyers.

“The findings of fact made by former Chief Judge Toal at the evidentiary hearing were significant, significant findings of misconduct on the part of the court clerk in terms of her interactions with the jury,” Adams said. “So it will be very interesting to see how this plays out. This is not—certainly not—a frivolous appeal. This has a lot of substance.”

How did Murdaugh’s case reach the Supreme Court?

Days after Murdaugh was sentenced to double life in prison for the murders of his wife Maggie Murdaugh, 52, and son Paul Murdaugh, 22, his lawyers pledged to appeal. They later charged Colleton County Clerk of Court Rebecca Hill, who read the verdict and later published a tell-all book about the historic murder case, of jury tampering and requested a new trial.

In January, Toal held a hearing on the allegations. A woman identified as Juror Z said Hill told jurors to follow Murdaugh “closely” and “made it look like he was already guilty.” When asked if that influenced her vote to find Murdaugh guilty, the juror said, “Yes, ma’am.”

Hill resigned from her position, admitted to plagiarizing her book, and faces multiple ethics complaints.

Toal said Hill’s behavior was inappropriate and that she was not a credible witness, but denied Murdaugh a new trial. Toal’s ruling was based on South Carolina legal precedent, which required a defendant to prove that not only did Hill act improperly, but that her actions prejudiced jurors and influenced their verdict.

Murdaugh then appealed to the South Carolina Court of Appeals, where it has yet to be heard, arguing that his case should be considered using a different, less stringent legal standard typically used by federal courts, including the Court US Supreme. The federal standard presumes a jury has been prejudiced if the defendant can prove there was any improper communication, according to John Mobley, a longtime South Carolina personal injury attorney and former prosecutor.

In July, Murdaugh’s lawyers filed a motion asking the state Supreme Court to review the case before the appeals court hears it. This can happen if a case meets certain legal standards, such as “significant public interest or a legal principle of major importance”. Murdaugh’s lawyers argued that his case fits both criteria.

Murdaugh’s motion asks the court to review Toal’s decision, calling Hill a “wart” in the South Carolina legal system. The motion describes Hill as “an elected state official responsible for handling juries who engages in the deliberate manipulation of the jury in a murder trial to obtain a guilty verdict so that he can make money by selling books about it.”

Could Alex Murdaugh get a new trial for murder?

Mobley, the former South Carolina prosecutor, said he wasn’t surprised the state Supreme Court decided to take up Murdaugh’s case, given that it likely was headed there after all. Mobley, who worked with one of Murdaugh’s attorneys, said the defense clearly met its burden of proving a juror’s decision was influenced by Hill. He said it was “more than likely” the Supreme Court would overturn Toal’s decision.

“The trial was flawed and the jury was poisoned,” he said. “So I didn’t understand why … legally … that wasn’t enough for the judge.”

Mobley said the court probably wouldn’t agree to have Murdaugh’s case tried by the federal standard, but it’s not necessary for them to grant him a new trial. If they do, he said, a new trial could ultimately benefit the defense.

In other words, getting a second bite at the apple could help Murdaugh get a better result at trial.

“I think there’s a better chance, a better chance, of a better outcome … Once you try the case, you see what wasn’t effective, not just based on what you did as a defense attorney, but you see what was also effective with the presentation of the state,” he said.

Larry Cunningham, dean of the Charleston School of Law, said he did not have an opinion on whether Toal was justified in denying Murdaugh a new trial. But Cunningham, a former state prosecutor in Virginia and New York who has handled similar cases, also said the defense faces an “uphill battle” to get the court to apply the federal standard and the defense’s burden of proving that conduct inappropriate. affected the outcome of the process is intentionally set very high.

Cunningham acknowledged that prosecutors probably don’t want to retry the case, but he disagreed that a new trial would favor the defense. He also said courts must balance a defendant’s right to a fair trial against the potential for retraumatization of victim’s families, the possibility that witnesses may be unavailable or their memories may fade, and the cost and time of another trial.

“These motions are very rarely granted because one of the things the legal system values is finality,” he said. “If we had to redo a process every time there was a mistake, we’d be constantly retrying.”

Could Alex Murdaugh be released?

If Murdaugh were to be granted a new trial and acquitted, it is unlikely that he would be released immediately. He is not only serving two life sentences for killing his wife and son, but also 27 years on state fraud charges, concurrent with a 40-year federal sentence for financial crimes.

Murdaugh is also appealing his federal conviction, arguing that the sentence is “grossly disproportionate to the crimes committed.” In that appeal, Murdaugh’s lawyers argue that Judge Richard Gergel and federal prosecutors sought such a long sentence to provide a supportive solution and ensure that regardless of any successful state appeals or alternative verdicts during potential trials of state, Murdaugh will spend the rest of his life behind bars. bars.

Murdaugh’s legal team has less than 30 days to file their brief and initial legal arguments with the Supreme Court in the jury tampering appeal. The Supreme Court order did not set a date for the review hearing.

For now, those following the case and Murdaugh himself will have to wait and see.

Alex Murdaugh wants a new trial; SC Supreme Court to hear the appeal

How did Murdaugh’s case reach the Supreme Court?

Could Alex Murdaugh get a new trial for murder?

Could Alex Murdaugh be released?

By Matthew. Jr

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