COLUMBIA, S.C. — Alex Murdaugh’s double homicide case has been filled with twists and turns: How did a canine crack the case? Where are the bloody garments and weapons? And the place did all the cash Murdaugh is accused of stealing go?
But one of many greatest surprises got here on Tuesday, six months after Murdaugh was convicted of killing his spouse and son.
Murdaugh’s attorneys filed court docket papers saying he deserves a brand new trial as a result of elected Colleton County Clerk of Court Rebecca Hill allegedly tampered with the jury that discovered him responsible earlier this yr. Prosecutors have 10 days to reply.
Here’s a take a look at what the subsequent chapter of Murdaugh’s case might appear like.
WHAT IS THE CLERK ACCUSED OF DOING?
Murdaugh’s protection attorneys sum it up in a paragraph of the 65-page enchantment.
“She asked jurors about their opinions about Mr. Murdaugh’s guilt or innocence. She instructed them not to believe evidence presented in Mr. Murdaugh’s defense, including his own testimony. She lied to the judge to remove a juror she believed might not vote guilty. And she pressured jurors to reach a guilty verdict quickly so she could profit from it,” they wrote.
Hill is accused of getting one-on-one chats with the jury foreperson, generally behind closed doorways in a rest room. She allegedly advised jurors who smoked they couldn’t take a cigarette break till a verdict was reached. She additionally gave jurors the enterprise playing cards of reporters throughout the trial, in accordance with the protection.
Hill additionally allegedly advised the jury “not to be fooled” by the proof offered by the protection, to observe Murdaugh intently as he testified and to “look at his actions,” and “look at his movements.” One juror stated in a sworn assertion that they understood that to imply Murdaugh was responsible.
The clerk additionally traveled to New York City — she stated it was her first time on a aircraft — to be with three jurors who gave TV interviews after the trial.
“Clerks are supposed to help get people in the courtroom, organize exhibits, get lunch or answer simple jury questions like finding the bathroom,” stated lawyer John Fishwick Jr., a former U.S. Attorney. “You are never supposed to talk to a jury about the case.”
Murdaugh’s protection has requested the FBI to analyze Hill as a result of South Carolina state brokers are too intently linked to the case. The company has not responded publicly.
Hill has not responded publicly to the allegations.
SO WHAT HAPPENS NOW?
Murdaugh’s attorneys stated they talked to 4 jurors whose tales matched and included sworn statements from two of them of their authorized filings.
They are asking appeals court docket judges to order a listening to the place all of the jurors, Hill and possibly even trial choose Clifton Newman may very well be required to testify underneath oath. Attorney Dick Harpootlian stated they tried to speak to all jurors, however some have been hostile towards his staff.
Murdaugh’s attorneys would additionally be capable of subpoena emails and texts. Defense legal professional Jim Griffin stated there seems to be a gaggle textual content amongst jurors for the reason that trial and a few wished to know who was speaking to his staff.
If a choose decides Hill behaved improperly, Murdaugh’s conviction and life sentence with out parole may very well be tossed out and a brand new trial ordered.
But likelihood is he wouldn’t get out of jail. Murdaugh has agreed to plead responsible to federal prices stealing tens of millions of {dollars} from shoppers and his household regulation agency, which can seemingly imply years or many years behind bars.
WHAT CONSEQUENCES COULD HILL FACE, OR THE JURORS?
It’s unclear what penalties Hill might face if the FBI investigates or if a choose decides she acted improperly in her position as court docket clerk. State regulation signifies that clerks of court docket can face prices and penalties in the event that they fail to report accumulating fines and different cash.
State regulation doesn’t present a approach to kick an elected clerk out of workplace, however the governor can droop her if she is indicted.
The jurors seemingly gained’t face any penalties until they have been discovered to lie underneath oath if a listening to is held.
WHY ARE JURORS TALKING?
Griffin stated nobody wished to speak the primary time the protection reached out proper after the trial.
Then Hill wrote a self-published e-book referred to as “Behind the Doors of Justice: The Murdaugh Murders,” which upset some jurors, and so they reluctantly started speaking to the protection, stated Joe McCullough, an legal professional employed by the jurors.
Hill’s e-book discusses how her Christian religion helped her navigate the sudden fame and duty that got here with the trial. She stated she grew to become satisfied of Murdaugh’s guilt when jurors and court docket officers visited the household dwelling the place the shootings occurred.
She wrote she was nervous as she ready to learn the verdicts. “I was mostly concerned about Alex being found innocent when I knew in my heart he was guilty,” Hill wrote.
McCullough stated each the protection and prosecution ought to need a full listening to so every part might be recognized.
“Jury deliberations are the most sacrosanct part of the jury trial process. We must all see that the fairness of the process is protected,” he stated in a press release.
WHAT’S THE REACTION?
Typically, Murdaugh’s protection will get blasted from different attorneys who’ve shoppers that Murdaugh is accused of stealing from. But there was no criticism Tuesday.
“Time will tell whether there is any merit in this latest Murdaugh missive, or whether this is just another Murdaugh misdirection. In the meantime, it is important to keep in mind that the system has to work even for the worst of us — this is our only assurance that it will work for the rest of us,” wrote Eric Bland and Ronnie Richter who characterize the household of a former Murdaugh maid who died in a fall. Investigators stated Murdaugh stole everything of a wrongful loss of life settlement on her behalf from the household.
Prosecutors have stated nothing in regards to the benefit of the allegations, including they’d “respond through the legal process at the appropriate time.”
The bar is excessive for a choose to throw out a jury verdict. But if a listening to backs the allegations, there isn’t a alternative however to overturn the conviction as a result of it entails such an necessary court docket determine, Fishwick stated.
“We’re talking about the clerk of court. It’s an influence from inside the courtroom that is never supposed to happen,” Fishwick stated. “That is going to put a lot of pressure on the system and the only way to cleanse it is a new trial.”
Content Source: www.washingtontimes.com