Retired S.C. chief justice to hear Murdaugh request for new trial

Justice Jean Toal will consider the motion from Alex Murdaugh's defense team for a new trial. Toal is a former Chief Justice on the State Supreme Court
Published: Dec. 19, 2023 at 6:45 PM EST
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COLLETON COUNTY, S.C. (WCSC/Fox Carolina) - The South Carolina Supreme Court has appointed a former state chief justice to preside over a motion for a new murder trial for Alex Murdaugh.

The court selected former Chief Justice Jean Hoefer Toal to oversee Murdaugh’s motion for a new trial and decide all matters related to those cases.

Murdaugh was convicted in March for the June 2021 shooting deaths of his wife, Maggie, and their son, Paul. Murdaugh insisted he is innocent of those charges.

Circuit Court Judge Clifton Newman sentenced him to two life sentences for the murders.

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But his defense team filed a motion for a new trial in October, alleging jury tampering on the part of the Colleton County clerk of court.

Murdaugh’s attorneys, Dick Harpootlian and Jim Griffin, accused Colleton County Clerk of Court Becky Hill tampered with the jury to secure media appearances and a book deal.

In court documents, the defense accused Hill of entering the jury room often after the defense began their case.

“Ms. Hill told jurors, ‘Y’all are going to hear things that will throw you all off. Don’t let this distract you or mislead you,’” court documents state.

The defense also alleged Hill and the jury foreperson had private conversations.

Another juror, who was removed, was accused by Hill of having drinks with her ex-husband while conveying her opinions on the trial, court documents state.

South Carolina Attorney General Alan Wilson has asked the South Carolina Law Enforcement Division to investigate the allegations raised by the defense.

Murdaugh’s defense also filed a motion on Nov. 1 requesting that Newman be blocked from presiding over any future trials relating to the Murdaugh case. They argued the judge has personal knowledge about the clerk of court’s conduct” which they argue will be disputed at a hearing about whether Murdaugh should have a new trial. Documents also allege Newman made statements after the judge returned guilty verdicts that violated the Code of Judicial Conduct.

But in mid-November, the state Supreme Court denied the request for a writ of prohibition to block Newman from presiding over future trials, saying the request was “moot” since Newman requested a new judge be assigned.

Toal, 80, became the first woman to serve as a Justice of the South Carolina Supreme Court in 1988. She became chief justice of the high court in 2000. She retired from the high court in 2015 because state law sets a mandatory retirement age of 72.

In addition to Murdaugh’s denial of involvement in the killing of his wife and son, his defense team maintains there is no direct evidence of Murdaugh’s guilt.