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COLUMBIA, S.C. (AP) — From his prison cell, Alex Murdaugh continues to assert his innocence regarding the murder charges he faces, despite acknowledging a litany of other offenses. Known for his admissions of theft, deceit, insurance fraud, drug addiction, and legal malpractice, Murdaugh remains firm in his denial of the horrific crimes involving his family.
This week, Murdaugh’s legal team presented their case to the South Carolina Supreme Court, aiming to overturn his two murder convictions and life imprisonment sentence. These stem from the tragic deaths of his wife, Maggie, and their younger son, Paul, who were fatally shot at their residence in June 2021.
The defense claims that the trial was compromised by judicial decisions that unfairly swayed the jury against Murdaugh. They argue that the introduction of evidence related to Murdaugh’s financial misdeeds, unconnected to the murders, prejudiced jurors. Additionally, they emphasize the absence of direct physical evidence, noting that no DNA or blood traces were found on Murdaugh or his clothing, despite the close-range nature of the shootings and the use of powerful, missing weapons.
Another point of contention is the role of the court clerk, who was supposed to manage the evidence and jury. The defense alleges she improperly influenced the jury’s decision in a bid to boost the sales of a book she was authoring about the case. She has since admitted to providing false statements to another judge regarding her conduct.
In contrast, prosecutors maintain that the clerk’s remarks were minor and that the case against Murdaugh was compelling. Murdaugh’s attorney counters that the clerk’s alleged instructions to the jurors—encouraging them to scrutinize Murdaugh’s demeanor and testimony—undermined the foundational presumption of innocence, impacting the jury’s impartiality even before deliberations began.
“If only the people who may be innocent get a fair trial, then our Constitution isn’t working,” Murdaugh’s lawyer Dick Harpootlian told the justices.
Murdaugh won’t leave prison
The case continues to captivate. There are streaming miniseries, best selling books and dozens of true crime podcasts about how the multimillionaire Southern lawyer whose family dominated and controlled the legal system in tiny Hampton County ended up in a maximum security South Carolina prison.
Even if Murdaugh wins this appeal, he isn’t going anywhere. Hanging over the 57-year-old’s head is a 40-year federal prison sentence for stealing more than $12 million from clients intended for their medical care and living expenses after they or their relatives suffered devastating and even deadly injuries in accidents.
Wednesday’s state Supreme Court hearing featured the same lawyers who squared off at Murdaugh’s 2023 murder trial, although Murdaugh is not there. The hearing ran well beyond the scheduled 90 minutes. Written briefs from both sides blew past the 100 pages typically allowed for appeals.
The first half of the arguments focused on former Colleton County Clerk of Court Mary Rebecca “Becky” Hill. She pleaded guilty in December to obstruction of justice and perjury for showing a reporter photographs that were sealed court exhibits in Murdaugh’s case and then lying about it
The most pointed question from justices Wednesday came for prosecutor Creighton Waters. They asked if it was OK that the judge who initially rejected the appeal for a new trial was right to ignore testimony from a few jurors while believing the 11 who did not accuse the clerk of misconduct.
Waters agreed there were problems, but said they were so isolated in the six-week trial that they had no impact. Murdaugh’s lawyers said that is impossible to figure out because jurors could be influenced subtly, without realizing it.
“It was improper. Perhaps not improper to the point of reversal, but it was improper,” Chief Justice John Kittredge observed.
There will be no immediate decision. Rulings usually take months to be handed down.
Prosecutors reiterate evidence for conviction
Prosecutors have said in court papers there is no reason to throw out the guilty verdicts for murder against Murdaugh.
They carefully recounted the case for the first 34 pages of their brief. Murdaugh’s financial situation was crumbling as he stole from clients to repay his mounting debts from his drug habit and expensive tastes. He defrauded his insurance company when a longtime family employee fell and died at their home, and was financially vulnerable when Paul Murdaugh caused a boat crash that killed a teen.
The brief recalls evidence that helped convict Alex Murdaugh, who told investigators for months he hadn’t seen his wife and son for about an hour before they were killed. That story went unchallenged until investigators cracked the passcode on Paul Murdaugh’s phone and found a video with a barking dog and Alex Murdaugh’s voice admonishing it five minutes before the young man stopped using his phone.
Defense says court allowed an unfair trial
Alex Murdaugh’s lawyers argued Wednesday that several decisions by trial judge Clifton Newman allowed evidence that led to an unfair trial. They said the chief investigator lied to the grand jury that indicted Murdaugh by telling them the ammunition used in one of the killings was found in other guns at the Murdaugh home and that blood spatter was found on Murdaugh’s clothes.
In the insular world of South Carolina, the state Supreme Court’s decision could have impacts well beyond courtrooms. Sitting at the prosecution table on Wednesday with the case’s chief litigator was Republican South Carolina Attorney General Alan Wilson, a candidate in November’s election for the open governor’s seat.