Alex Murdaugh retrial set for next year after South Carolina Supreme Court overturned double murder conviction
Alex Murdaugh's retrial on charges alleging he murdered his wife and son has been set for next year.
Newly assigned Judge Debra McCaslin set the trial date for April 5, 2027, saying that once she sets a date, she sticks to it.
Murdaugh shuffled into a full courtroom in chains and his prison jumpsuit for a status conference on Monday, as he returned to court for the first time since the South Carolina Supreme Court overturned his double murder conviction over "shocking jury interference."
A jury had found him guilty in 2023 of killing his wife, Margaret "Maggie" Murdaugh, 52, and younger son, Paul Murdaugh, 22, in a gruesome crime that captured global headlines. Both victims were found dead from multiple gunshot wounds near the dog kennels at the family's hunting estate in 2021.
McCaslin had a laundry list of questions for both sides, the first of which was whether discovery had been met and if both sides had everything that they needed.
Defense attorney Dick Harpootlian replied that "we don't know what we don't know," implying that new evidence could still be out there.
Defense attorney Jim Griffin said he wants the DNA under Maggie's fingernails to be analyzed by genetic genealogy. He said he is not sure how long that will take, using that as an argument as to why the retrial cannot happen quickly.
The defense had filed a motion, which it later withdrew, requesting that Murdaugh be allowed to appear in street clothes, saying the orange prison jumpsuit and chains would be prejudicial against him in front of the jury.
In a dramatic moment, Harpootlian had Murdaugh stand up, pointing out his multiple chains and accusing the state of "parading him around in a jumpsuit like an animal."
Prosecutors argued that it was basic policy to have a convicted felon appear this way. McCaslin said she will take it under advisement whether she will allow Murdaugh to wear civilian clothes.
Murdaugh has remained in prison since the ruling, as he is also serving out concurrent sentences for state and federal financial crimes, to which he pleaded guilty. While Murdaugh has acknowledged he lied and stole from his former clients, he has consistently maintained his innocence related to the 2021 double murder.
"Alex has said from day one that he did not kill his wife and son. We look forward to a new trial conducted consistent with the Constitution and the guidance this Court has provided," Murdaugh's lawyers said after the May ruling. His lawyers recently filed a civil lawsuit against Hill for allegedly violating his right to a fair trial.
South Carolina Attorney General Alan Wilson -- who recently won the Republican primary for governor -- has vowed to "aggressively" retry the murder case "as soon as possible."
The South Carolina Supreme Court threw out the convictions last month after concluding that a court clerk tainted the jury's verdict by making comments to the jurors that "egregiously attacked Murdaugh's credibility and his defense."
"Both the State and Murdaugh's defense skillfully presented their cases to the jury as the trial court deftly presided over this complicated and high-profile matter. However, their efforts were in vain because Colleton County Clerk of Court Rebecca Hill placed her fingers on the scales of justice, thereby denying Murdaugh his right to a fair trial by an impartial jury," the ruling said.
Ahead of the conference, Murdaugh's lawyers filed a motion to change the venue of the trial and access evidence in the case. They have argued that Murdaugh cannot have a fair trial in the countries where his family name has been "synonymous with the local legal system for nearly a century."
"The basis for this motion is that this is among the most heavily publicized criminal prosecutions in the history of this State. For years Defendant, his family, and the law firm with which his family was associated for generations have been the subject of saturating, sensational, and continuous media coverage," the motion said.
The state has not yet responded to the motion. During Monday's hearing, McCaslin requested that the two sides talk about it and let her know.
The next pretrial hearing has been set for Aug. 14.
