Judge’s evidence restrictions hinder Alex Murdaugh’s bid for a new trial
Alex Murdaugh’s Defense Faces Limitations in Obtaining New Murder Trial
A state judge in South Carolina has imposed restrictions on convicted murderer Alex Murdaugh’s defense, making it more challenging for him to secure a new trial. Former South Carolina Supreme Court Justice Jean Toal ruled that Murdaugh’s defense attorneys will face limitations in questioning witnesses and will need to meet a high burden of proof regarding Murdaugh’s claims of jury tampering by Colleton County Clerk of Court Becky Hill.
The focus of the issue is whether Hill had improper communications with jurors during Murdaugh’s trial and, if so, whether those communications influenced the trial’s outcome. Toal stated that she would not inquire about other allegations against Hill, such as plagiarism or misuse of public funds. Additionally, Toal indicated that she would not admit many of Hill’s emails as evidence.
“I’m very, very reluctant to turn this hearing about juror contact into a wholesale exploration about every piece of conduct by the clerk alleged to have been improper on its own, indicative of her characteristics or personality, or anything of that nature,” Toal said.
“This is not the trial of Ms. Hill,” she added.
Hill has denied most of the allegations against her, and state police are investigating whether her actions constitute jury tampering and misuse of her office. However, she has not been charged with any crimes. Her attorneys have acknowledged that Hill sent reporting from a BBC journalist to her co-author, implying that it was “her own words.”
The original trial judge, Clifton Newman, is not overseeing the appeals process, and Toal stated that she would not seek testimony from him. Murdaugh’s defense attorneys, Dick Harpootlian and Jim Griffin, argued in a pre-trial filing that they do not need to prove actual bias on the part of any juror to obtain a new trial.
“Mr. Murdaugh does not need to show actual bias on the part of any juror to obtain a new trial,” his attorneys wrote. “If Mr. Murdaugh proves his allegation that Ms. Hill communicated with the jury about the evidence presented by the defense during his murder trial, South Carolina and federal law require that Mr. Murdaugh receive a new trial, irrespective of whether the court believes the outcome of the trial would have been the same had Ms. Hill’s jury tampering not occurred.”
However, state prosecutors argue that Murdaugh’s defense attorneys must prove that Hill’s communications influenced the jury. Murdaugh was found guilty of murder on March 2 and received two consecutive life sentences. Evidentiary hearings for his appeal are set to begin on January 29.
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How will Murdaugh’s defense team need to counter Toal’s doubts about the credibility of their key witness during the new trial hearing
Ugh’s claim is not that a juror acted with actual bias, but rather that the jury trial was tainted by external impropriety that creates a reasonable likelihood of bias,” Harpootlian and Griffin wrote.
“A new trial is required because of the cumulative effect of Ms. Hill’s wrongful conduct.”
However, Toal rejected this argument and stated that Murdaugh’s defense must show “actual bias or a substantial possibility of bias” on the part of the jurors in order to obtain a new trial. She also raised doubts about the credibility of one of the defense’s key witnesses, a private investigator named James Bolin, questioning whether his opinions were based on facts or mere speculation.
Murdaugh, a prominent South Carolina lawyer, was convicted of hiring a hitman to kill his own wife in 2019. He has maintained his innocence and claimed that he hired the hitman under duress because he feared for his family’s safety. However, the new trial hearing is solely focused on Murdaugh’s allegations of jury tampering, not on his guilt or innocence in the murder case.
With the limitations imposed by Toal, Murdaugh’s defense team faces an uphill battle in proving that Hill’s alleged interactions with the jurors prejudiced the trial’s outcome. The defense will need to present compelling evidence supporting their claims, while also countering Toal’s doubts about the credibility of their key witness. Only time will tell how successful Murdaugh’s defense is in obtaining a new trial.
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