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Alex Murdaugh could get a potential new trial with news of evidentiary hearing

The South Carolina Court of Appeals handed the murder case back down to the circuit court.

COLUMBIA, S.C. — The South Carolina Court of Appeals is sending the Alex Murdaugh murder case back to a circuit court and putting his appeal on hold for now

This orders comes after the defense requested an evidentiary hearing for jury tampering allegations. Because of this new order from the appeals court, the defense can now file a motion for a new trial where they'll argue that the jury tampering means his previous conviction must be thrown out. 

It's not yet clear when that motion will be filed or when a hearing might take place, but his attorneys said they intent to move quickly. 

“The recent ruling to stay the appeal and remand the case for a hearing on Alex Murdaugh's motion for a new trial is welcomed news," said Murdaugh attorneys Dick Harpootlian and Jim Griffin in a statement. "We intend to proceed expeditiously and will seek a full-blown evidentiary hearing addressing the serious allegations pertaining to improper jury communications by the Clerk of Court.”

The South Attorney General’s Office, which prosecuted his murder trial and his fighting the appeal, issued this statement to News19: “We will respond through the legal process at the appropriate time.”

Murdaugh was convicted in March of killing his wife, Maggie, and adult son Paul at the family's sprawling estate in Colleton County in June of 2021. He then was sentenced to life in prison and is currently serving time at an undisclosed state prison.

But the defense is trying to argue that the Colleton County Clerk of Court made comments to several jury members that prejudiced them during Murdaugh's trial. The claim she had  had private conversations with jurors about the case, asked jurors about their opinions about whether Murdaugh was guilty, and instructed jurors not to believe the evidence. The clerk has denied those claims.

So what does Tuesday's order mean for the defense and a potential for a new trial? News19 asked that question to two trial lawyers, Luke Shealy and Taylor Bell. 

“The jurisdiction was up there so [the court] really had to stay that appeal, convince them this was a big enough deal to pause the appeal essentially, and come back down to a circuit court where Judge [Clifton] Newman would have the opportunity to rule on this motion,” said Shealy Columbia criminal defense attorney.

“This is kind of an unprecedented thing it doesn’t typically happen, it’s not very common for it to come so soon. Most of the time motions are made years after when other people come forward or maybe DNA,” Taylor Bell, a Columbia attorney said.

Bell said this new hearing will look to answer two questions: Did Alex Murdaugh receive a fair trial and did Becky Hill, the Clerk of Court, interfere with the final ruling?

“It is based on allegations that there was jury tampering by the clerk of court and it was based on interviews in which the defense attorneys took related to jurors in this case as well as potentially the book that was published by the clerk of court,” Bell said.

Murdaugh’s legal team will have to wait to see whether the judge will allow witnesses in the upcoming hearing.

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