Murdaugh lost his bid for a new trial for these reasons, veteran SC attorney says

Alex Murdaugh’s lawyers didn’t get him a new trial Monday, but it was something they had to try, a longtime South Carolina defense attorney said.

Jack Swerling, who practices law in Columbia, said once one juror claimed in an affidavit she heard Clerk of Court Becky Hill make references that cast Murdaugh in a negative light and claimed it influenced her guilty vote, the defense had an obligation to request a new trial.

The problem was, in court on Monday, the juror known as Juror Z said both — the comments influenced her and did not.

“That one juror kind of equivocated and that was the only hope they had,” Swerling said.

Juror Z said she heard Hill say don’t be fooled by Murdaugh.

“She made it seem like he was already guilty,” the juror testified.

Hill on the stand Monday denied making any comments to jurors.

Two other jurors in court Monday said they heard Hill make comments but were adamant that did not influence their vote.

Retired S.C. Supreme Justice Jean Toal denied Murdaugh’s request for a new trial minutes after a brief recess when testimony ended and lawyers made their closing arguments.

Swerling, who has known Toal since he was in law school in the 1970s, said Toal’s decision was based on her reading of the law that the defense did not show Hill’s statements changed the verdict.

“They couldn’t jump that hurdle,” he said.

One juror claiming undue influence would have done that, Swerling said, but Toal apparently decided to disregard her comments due to the inconsistent statements.

He also said the judge clearly thought Hill was not credible.

Swerling said Toal’s precise and unceasing questioning of Hill showed the lawyer and judge he has seen many times in court.

“She is organized, very bright, super trial lawyer and one of the brightest jurists South Carolina has ever had,” Swerling said.

Toal was particularly focused on how videos of the crime scene that showed Maggie and Paul Murdaugh’s bodies and were under seal ended up with production companies, including one in Japan.

When she revealed her decision, Toal said she believed Hill made “fleeting and foolish” comments as she courted publicity.

“She (Toal) questioned her (Hill) very hard,” Swerling said. Toal “just didn’t believe her.”

Hill wrote a book about the murders, which has been withdrawn from sales due to her plagiarizing from a BBC reporter. She said in court she made $100,000 from the book.

From here, the Murdaugh case will go to the South Carolina Court of Appeals — the appeal was put on hold while the new trial proceedings were held. Then, to the South Carolina Supreme Court.

Swerling said normally the appeals process takes three years, but the complexity of the case during the six-week trial could extend the Murdaugh legal process as long as five years.

Now disbarred, Murdaugh was convicted of killing his wife Maggie and son Paul on June 7, 2021 at their 1,700-acre Lowcountry estate. Paul was shot with a shotgun, wife Maggie with an AR style rifle.

He was convicted in March and sentenced to two life sentences. Murdaugh also pleaded guilty in federal and state courts of financial crimes, in which he was accused of stealing millions from clients and his family law firm.

This story was originally published January 30, 2024 at 5:30 AM.