Alex Murdaugh was not in court last Wednesday when a South Carolina appeals court overturned his 2023 double-murder conviction, in the latest twist in a legal saga that has captivated America. Prison regulations prevented the disgraced lawyer from watching the live stream at the high-security McCormick correctional institution, and none of his relatives, including his only surviving son Buster, were present.
The five justices of the South Carolina supreme court unanimously ruled that court clerk Becky Hill had improperly influenced the jury, telling them to 'watch his body language' and not be 'fooled by evidence', thereby denying Murdaugh his right to a fair trial. The ruling sets the stage for a potential retrial, with the state's attorney general, Alan Wilson, indicating he may seek the death penalty.
Even if Murdaugh is found not guilty in a retrial, he will not be freed as he is already serving a 40-year sentence for financial crimes, including wire fraud, bank fraud, money laundering, forgery and embezzlement. The appeals court also ruled that prosecutors could not use Murdaugh's financial problems as a motive in any new trial, as it had created unfair prejudice.
Murdaugh's lawyer Dick Harpootlian expressed satisfaction with the decision, saying, 'One thing this decision says is that the rule of law is alive and well in South Carolina, even if it’s on life support elsewhere.' However, Harpootlian argued that a retrial cannot happen this year due to unresolved venue issues and the lack of a judge.
Selecting an impartial jury is expected to be a significant challenge given the extensive media coverage of the case. A change of venue may be considered, but as Texas criminal defence attorney Sam Bassett noted, 'given the level of publicity that may or may not solve the issue.'
