Judge denies motion: Mallory Beach wrongful death suit will remain in Hampton County

South Carolina circuit court Judge Daniel D. Hall denied a motion to change venue on Friday, July 14; now small, rural Hampton County is about to play host to the next internationally followed, highly publicized trial in the Alex Murdaugh legal saga.

The Mallory Beach family wrongful death suit is currently scheduled to begin Aug. 14 in Hampton County Court of Common Pleas and is expected to last at least two weeks.

Hampton County, like Colleton County before, will also have to handle all of the logistical and financial challenges that will come with it.

On Friday, July 7, attorneys for Parker's filed two motions: a motion requesting a change of venue "in order to ensure Parker’s ability to obtain a fair and impartial trial," and a second motion to sever for the same reasons.

Parker's motions argued that by being "tethered" to convicted murderer Alex Murdaugh in this wrongful death suit, a jury is more likely to find them liable, considering Murdaugh's extensive criminal and civil allegations.

Murdaugh is also accused of allowing his underaged son, Paul, to drink and boat recklessly, while Parker's is accused of selling the alcohol to the underaged boaters involved in the 2019 Beaufort County boat crash that left 19-year-old Mallory Beach dead.

Judge Daniel Hall speaks out on four-year-old Beach wrongful death

The arguments Friday in Hampton County Court of Common Pleas were brief, and Judge Daniel Hall's deliberation time was even briefer- roughly 15 minutes.

"I was appointed to this case well over four years ago and I am well aware of the facts of the case," Judge Hall said in quickly denying both the motion to transfer venue and the motion to sever. This is the second time that the Parker's defendants have filed both of these motions, and the second time Hall has denied each.

Hall added that his rulings were no reflection on the attorneys on either side, and that all of the attorneys involved had a done a great job of informing him of the facts at hand and "educating" him on the applicable laws.

In ruling to keep the trial venue in Hampton County, Hall referenced the Dylann Roof mass murder case where a local jury was able to do its job in a tragic, highly emotional case, and added that he has confidence Hampton County court officials and citizens will do their legal duty.

Hall instructed all attorneys to file their pretrial briefs and prepare for the Aug. 14 start date, and mentioned that status conference hearings may be required before then.

After the hearing, Beach family attorney Mark Tinsley informed the court that in preparing for this trial, there would be a deposition held Tuesday of Alex Murdaugh at the McCormick state prison where he is being held.

It is unknown if Murdaugh will attend any part of the trial in person, but he could request it. If he does, and it is approved, it would be an "enormous financial burden" on state and local taxpayers to transfer him from prison, said Tinsley.

Beach, Parker's attorneys react to Judge Daniel Hall's denial of motions

"It's important that the people of Hampton County resolve this case, the people involved," Tinsley told reporters after the hearing. "We are putting a lot of faith in the people of Hampton County."

Tinsley said that he is ready for trial. He plans to call as many as 30 witnesses and says the trial will last at least two weeks.

"I've been talking to them for four years, I'm ready to go to trial in Hampton County," Tinsley added.

PK Shere, lead counsel for Parker's, told reporters immediately after the ruling that his clients are obviously disappointed with the outcome but they will respect the court and abide by the judge's decision.

"We are ready to go to trial, and we hope the jury will use their common sense," Shere said, then added some heartfelt sympathies.

"I have four children, and my heart goes out to the Beach family," he said. "It's not going to be easy or them, and my heart breaks for them."

Later that afternoon, Shere issued the following official statement on behalf of his Parker's clients:

"The continuing media blitz surrounding the Murdaughs is why Parker's should be severed from Alex Murdaugh, who was convicted of murdering his wife and son... Alex Murdaugh's murder trial was one the most reactionary and publicized proceedings in the history of the South Carolina judiciary and legal system. Being tethered to a convicted murderer - the most notorious criminal defendant in the last fifty years - leaves Parker's potentially bearing the brunt of a punitive verdict through joint and several liability. We simply asked for fairness, for Parker's to be tried separately from a convicted murderer. While we are disappointed in the judge's ruling today, we look forward to presenting our case at trial next month."

What were the legal arguments in the hearing?

Shere said that since the judge denied the first motion to sever the two defendants and have two trials, one major fact has changed: Alex Murdaugh was convicted of murder, and the "media frenzy" and "media hurricane" surrounding Murdaugh exploded.

He pointed out that state police did not find Parker's guilty of any criminal wrongdoing in the alcohol transaction, and said that it was a case of a legal transaction versus "bad parenting" by the Murdaughs, who allowed their son to use a fake ID, commit fraud at one of their stores, and then illegally consume alcohol and cause Beach's death.

Shere also mentioned that, because Murdaugh had no money left, and because of the state's controversial "joint and several liability" laws, if Parker's is found only one percent liable during a joint trial, they would be forced to "pay in all entirety for the sins of Alex Murdaugh."

He added that the Beach attorneys hoped to "get a jury infuriated at Alex, and have Parker's pay for it," and that for opposing counsel, it wasn't about seeking justice for Mallory Beach, it was about getting money from the "deep pocketed" Parker's.

During the hearing, Shere played the court a recorded television interview where Eric Bland, another attorney who previously sued Murdaugh, was quoted as saying that Parker's was going to get "the stink" of Murdaugh on him just by sitting two feet away at the defense table.

But Judge Hall promptly informed the defense that he would not allow any more recordings of other attorneys expressing opinions in this case to be heard during the hearing.

In response, Tinsley argued that Parker's doesn't have "clean hands" and cited "two centuries" of established law that allows injured plaintiffs to be "the architects" of their lawsuits and decide who to sue and where.

During Shere's arguments, he stated that the Murdaugh name still has influence in Hampton County, to which Tinsley responded by pointing at three portraits of Alex Murdaugh's ancestors still adorning the wall of the Hampton County Courthouse, and retorted that if anyone was being prejudiced against, it was the Beach family.

Tinsley also addressed changing the venue in a case where "everyone in the English-speaking world" is following.

"The whole world knows about this case," Tinsely added. "So where else would we try it?"

After the hearing, Tinsley told reporters that in their legal arguments Parker's was just "throwing stuff against the wall" hoping something would stick, and their "meritless" motions were not supported by the facts or the law.

He added that all of the young people involved in their case were victims, and that underaged drinking is a "blight on our society."

Follow Michael DeWitt's reporting as The Hampton County Guardian/Greenville News and the USA Today Network continue to follow this developing legal case. You can follow DeWitt on Facebook and on Twitter at @mmdewittjr for the latest updates.

This article originally appeared on Greenville News: Judge: Mallory Beach wrongful death suit will remain in Hampton County