The Public Prosecution responded Alex MurdoMovement for a brand new trial based mostly on jury tampering allegations in his homicide trial, explaining that South Carolina Investigators discovered “important factual disputes” with these claims.
The response filed Friday by South Carolina Legal professional Basic Alan Wilson acknowledges {that a} listening to could also be wanted to find out whether or not the convicted assassin ought to get a brand new trial — however moved to disclaim the request due to a “procedural flaw” within the submitting.
It is the state’s first response to a shock movement filed by Murdaugh attorneys Jim Griffin and Dick Harpootlian final week that accused Colleton County Clerk of Court docket Rebecca Hill of pressuring jurors to return a responsible verdict earlier this 12 months.
An investigation was launched by the State Legislation Enforcement Division (SLED), which the Legal professional Basic claims remains to be ongoing, however stated has “revealed important factual disputes concerning the allegations in (Murdaugh’s) movement.” Prosecutors didn’t element the “factual disputes” however famous feedback by Mr. Griffin and Mr. Harpootlian in a number of media interviews after the movement.
Prosecutors additionally stated within the lawsuit that they need Murdoch’s protection group to point out that they had been unaware of the alleged jury tampering throughout the homicide trial.
The response permits Murdoch’s attorneys to right the reported deficiencies inside 10 days in the event that they want to proceed, including “a keep of enchantment and remand for an evidentiary listening to could also be essential to correctly resolve among the critical allegations raised.”
Final week, Mardo’s attorneys referred to as for a federal investigation into whether or not the courtroom clerk violated Mardo’s civil rights.
The movement alleges that Ms. Hill tampered with the jury as a result of she was motivated by fame and a want to safe a e book deal.
Her tell-all e book concerning the trial Behind the Doorways of Justice: The Mardu Murders He was launched on August 1.
Ms. Hill is accused of getting one-on-one conversations with the jury foreman, typically behind closed doorways in a rest room.
She allegedly instructed smoking jurors that they may not take a cigarette break till a verdict was reached. She additionally gave jurors enterprise playing cards of reporters throughout the trial.
“I requested the jurors for his or her views on Mr Murdaugh’s guilt or innocence. She requested them to not consider the proof introduced in Mr Murdaugh’s defence, together with his testimony. She lied to the choose to question a juror she thought won’t vote responsible. “She pressured the jury to achieve a responsible verdict shortly in order that she might revenue from it,” Murdoch’s attorneys wrote.
Additionally it is alleged that Ms Hill instructed the jury “to not be fooled” by the proof introduced by the defence, and to maintain an in depth eye on Murdaugh as he gave proof and “have a look at his actions” and “have a look at his actions”. One juror stated in a sworn assertion that they understood this to imply Murdaugh was responsible.
The author additionally accompanied three jurors to New York Metropolis, the place they performed tv interviews after the trial.
“Clerks are supposed to assist carry individuals into the courtroom, manage displays, take lunch, or reply easy jury questions like discovering the toilet,” John Fishwick Jr., a former U.S. legal professional, instructed the Related Press.
“You are by no means supposed to speak to a jury about this case.”
Legal professional Duncan Levin stated that if these allegations are confirmed true The Unbiased That Murdoch’s request for a brand new trial ought to then be granted “with out query.”
Ms. Hill has not commented publicly on the allegations. At present, she doesn’t face any felony expenses.
The state’s response on Friday comes a day after Murdoch appeared smiling in public for the primary time since he was sentenced to life in jail for the murders of his spouse Maggie and son Paul, this time going through a sequence of monetary fraud expenses.
On the listening to in Beaufort County, Decide Clifton Newman set a trial date for November 27.
The case will deal with the hundreds of thousands of {dollars} he stole from the household of his deceased housekeeper Gloria Satterfield, a part of 101 state expenses in response to his alleged monetary crimes.
Additionally showing in courtroom Thursday had been two former pals and alleged co-conspirators within the case, former Palmetto State Financial institution CEO Russell Lavitt and former legal professional Corey Fleming, the latter of whom was sentenced to 10 years in jail.