Alex Murdaugh’s chances of a new murder trial hinge on whether his lawyers can clear a high burden of proof to show that the clerk of court in his high-profile trial last year improperly influenced jurors to convict him.
Murdaugh’s lawyers had asked for a new trial for their client in September over allegations that Rebecca Hill, the Colleton County clerk of court at his trial, pressured jurors into finding him guilty of murdering his wife and younger son so that she could “secure for herself a book deal and media appearances that would not happen in the event of a mistrial.”
Hill did self-publish a book about the trial that she co-wrote with journalist Neil Gordon, but sales were halted in December after she admitted to plagiarizing sections from a BBC reporter’s work.
She denied allegations of jury tampering in a sworn statement in November, and South Carolina prosecutors advised a judge against holding a hearing. Hill is also currently the focus of two separate criminal investigations by the South Carolina Law Enforcement Division: one into alleged interactions with jurors during Murdaugh’s trial, and another into alleged misuse of public funds. She has denied any wrongdoing and has not been charged.
At a procedural pre-hearing Tuesday, Murdaugh’s chances of a new murder trial appeared to dim after a judge ruled that his lawyers must not only prove that Hill improperly influenced the jury, but also that she did so with prejudice against Murdaugh.
Retired South Carolina Supreme Court Justice Jean Toal also barred Murdaugh’s lawyers from raising questions about Hill’s plagiarism and alleged misuse of public money.
Toal said the case is about Hill and the jurors. “This is not the trial of Mrs. Hill,” Toal said. “This is not the time to explore every mistake or incorrect statement or false statement ever made by this witness.”
The hearing is set to begin Jan. 29 and is likely to include testimony from Hill and the 12 jurors who convicted Murdaugh.
Clarissa-Jan Lim is a breaking/trending news blogger for MSNBC Digital. She was previously a senior reporter and editor at BuzzFeed News.