RICHLAND COUNTY, S.C. — We know more about how Alex Murdaugh's fight for a new trial will play out next week. Last March, the convicted double-murderer was found guilty of killing his wife and son, but his attorneys claim the clerk of court in that case tampered with the jury.
Justice Jean Toal got her first chance to question a juror on Friday.
News19 was in the courtroom, where proceedings lasted about 45 minutes. Justice Toal questioned the juror for roughly 15 minutes.
Before the hearing started, Justice Toal spoke with the media and asked us not to report on any of the questions she asked the juror or any of the responses. We're also asked not to report on characteristics of the juror to keep them anonymous.
Justice Toal told News19 this is an effort to make sure the other 11 jurors set to testify on Monday don't see any news coverage ahead of time that might influence their testimony.
"This procedure is unique in that typically, issues like this are raised immediately after the rendering of a verdict," Toal said to the courtroom. "And we are now almost a year post-verdict in this matter, which makes this a very unusual situation for you and for me to preside over."
A single juror testified ahead of next week's hearing because that person had a scheduling conflict and couldn't come to Columbia next week.
Murdaugh's attorneys say Colleton County Clerk of Court Becky Hill made comments to try to influence the jury to convict Murdaugh. Justice Toal is expected to ask each juror, one by one, about their interactions with Hill.
"It's one thing to sit in the jury box, but now they're sitting in the witness box," Attorney Eric Bland said after the hearing.
Bland escorted the single juror throughout the day. He is representing five jurors during this evidentiary hearing.
"My part of my representation is to make sure that these jurors get in and out, they speak their conscience and they get back to their regular lives," Bland said.
Bland says that he was pleased with how Friday's questioning went and said it was in line with the rules she set previously for this hearing.
"The inquiry is what was on your mind on March 7, not what is on your mind today," Bland said. "That's not fair. If that was the case, so many different outside influences have taken place: articles, books, documentaries and people talking to you. We don't want jurors to be asked about their verdict a year after a trial took place or even two years or even a couple of weeks. We want them to know that they have rendered a verdict based on their conscience, based on the testimony, based on the evidence and based on the judge's instructions."
That is what Justice Toal is trying to find out when she brings the rest of the jurors in on Monday. Toal says she also plans to question Hill. Going back and forth with Defense Attorney Dick Harpootlian, Toal indicated she thinks the day will start with some of the jurors' testimony, there will be a break for lunch, court will resume with more juror testimony. Then, Toal said the state can call Hill, and then the defense can cross-examine her.
"I am thinking we can conclude this thing Monday, which would be preferable of course," Toal said. "But I have, as you know, set aside more days if that were at all necessary, but I am very hopeful of everybody's schedule…"
The court will be back in session on Monday at 9:30 a.m. News19 will be back in the courtroom, providing continued coverage as it unfolds.