It's official: Alex Murdaugh files SC court motion seeking new murder trial

It's now official: convicted family murderer Richard "Alex" Murdaugh has formally filed a motion in state court seeking a new murder trial based on allegations of jury tampering by a court official.

After first making the allegations in a filing to the S.C. Court of Appeals in September, on Friday, Oct. 27 attorneys for Murdaugh formally filed the motion for a new trial in Colleton County General Sessions Court based on allegations that Colleton County Clerk of Court Rebecca Hill had improper and possibly persuasive contact with jurors during the six-week trial held in Walterboro in the Spring.

Ironically, the motion was stamped for receipt by Hill herself, who remains in office and who has denied the allegations.

What does Alex Murdaugh's motion for a new trial allege?

Murdaugh's motion is 74 pages, including numerous pages with exhibits of evidence, but here are the key points attorneys Richard Harpootlian and Jim Griffin outline in the introduction:

Murdaugh is demanding a new trial "after discovering that the Clerk of Court tampered with the jury by advising them not to believe Murdaugh's testimony and other evidence presented by the defense, pressuring them to reach a quick guilty verdict, and even misrepresenting critical and material information to the trial judge in her campaign to remove a juror she believed to be favorable to the defense."

The motion adds, "Specifically, during the trial, the Colleton County Clerk of Court, Rebecca Hill, instructed jurors not to be 'misled' by the evidence presented in Mr. Murdaugh's defense. She told jurors not to be 'fooled by' Mr. Murdaugh's testimony in his own defense. Ms. Hill had frequent private conversations with the jury foreperson, a Court-appointed substitution for the foreperson the jury elected for itself at the request of Ms. Hill. During the trial, Ms. Hill asked jurors for their opinions about Mr. Murdaugh's guilt or innocence."

The motion continues, "Ms. Hill invented a story about a Facebook post to remove a juror she believed might not vote guilty. Ms. Hill pressured the jurors to reach a quick verdict, telling them from the outset of their deliberations that it 'shouldn't take them long.' Ms. Hill did these things to secure a book deal for herself and media appearances that would not happen in the event of a mistrial. Ms. Hill betrayed her oath of office for money and fame. Once these facts are proven, the law does not allow the Court any discretion about how to respond. It must grant a new trial."

Included as exhibits in the motion are copies of Facebook posts, media agreements for a televised documentary appearance signed by Hill, and pages from Hill's recent book about the murder trial, Behind the Doors of Justice.

A new murder trial for Murdaugh? How did we get here?

Murdaugh was convicted on March 2 of June 7, 2021, murders of his wife, Maggie, and younger son, Paul, and sentenced to two life terms in state prison after a high-profile trial in which Hill oversaw the inner workings of the courtroom — and even read the verdict — before writing her book about the case.

Murdaugh quickly appealed the conviction, but in early September Murdaugh's attorneys unveiled the allegations in a court filing to the S.C. Court of Appeals, asking the higher court to place his appeal on hold and remand his case back to the state court so that he could request a hearing for a new trial based on those new allegations.

On October 17, 2023, the South Carolina Court of Appeals issued an order holding Murdaugh'sappeal in abeyance and remanded the case back to the state level for consideration of the motion for a new trial.

Murdaugh's attorneys then followed suit with the latest motion.

What happens next in the allegations of jury tampering?

Now that a motion has been filed in the state's 14th Circuit Court of General Sessions, it must be considered by a circuit judge and ruled on in one of two ways: either a hearing must be scheduled to hear the allegations or the motion can be denied without a hearing. As of this writing, no hearing has been announced.

By court procedure and protocol, the motion must go before Judge Clifton Newman, who presided over Murdaugh's murder trial and is scheduled to preside over his other criminal trials.

However, Newman could choose to recuse himself and have another circuit court judge appointed to conduct the hearing into Murdaugh's jury tampering allegations.

In addition, Murdaugh's attorneys could also file a follow-up motion seeking to have Judge Newman removed from the case.

If a hearing is held, and a judge decides that there is sufficient evidence to support Murdaugh's allegations, his two murder convictions would be vacated and a new trial would be scheduled — possibly in another venue other than Colleton County.

If the results of the hearing are not sufficient to warrant a second trail, Murdaugh's attorneys could once again seek satisfaction in a higher court.

Hampton County Guardian Editor Michael DeWitt, the Greenville News and USA TODAY Network will continue to follow the ongoing criminal and civil cases surrounding the Murdaugh crime saga. Follow DeWitt on Twitter at @mmdewittjr and support his local and national journalism with a digital subscription.

This article originally appeared on Augusta Chronicle: It's official: Alex Murdaugh files motion seeking new murder trial in SC