Murdaugh back in court as attorneys discuss upcoming hearing on possible retrial

COLUMBIA, SC (WOLO) — A three-day hearing to determine if convicted murderer Alex Murdaugh will have a retrial is set to begin on January 29th.

Murdaugh was back in court Tuesday morning, as attorneys argued before presiding Judge Jean Toal about how they believe the upcoming retrial hearing should go.

Murdaugh’s Defense Attorneys Dick Harpootlian and Jim Griffin began by reiterating they believe improper third party contact occurred between Colleton County Clerk of Court Becky Hill and the jury prior to deliberations.

Lead Prosecutor Creighton Waters disagreed, saying, “In speaking with the jurors that spoke to us, that the balance of the evidence as well as in talking to the court staff, was that there was no impact on the verdict, there was no unprofessional conduct that had any affect on the verdict.”

Harpootlian argues that all alleged misconduct by Hill should be up for discussion in the hearing.

“He told me this morning that one of the assistants that worked for Ms. Hill during the trial was told by Ms. Hill during the trial that a guilty verdict would be good for sales of the book! Motive! Selling books! So we should be able to get into that. We should be able to ask Ms. Hill about it and if she denies it, call that witness, that assistant and have her testify that she was told that,” Harpootlian says.

In the end, Judge Toal decided that all 12 jurors and Hill will be questioned in open court, with jurors only be asked questions by Toal — regarding any improper contact that was made, and if that contact affected their verdict.

The judge also made clear that only Hill’s alleged misconduct during the trial, not any alleged misconduct prior to it, will be discussed.

“This is not the trial of Ms. Hill. And issues about motives and so forth and the possible commission of crimes are not what this inquiry is about. It is about her contact if any with the juror, and what she said. So I will be treading very carefully with a good deal of what you say about what you might or might not ask,” says Toal.

It was also determined the alternate juror who was dismissed by the trial judge will not be questioned, and while media will be allowed to attend the three day hearing, jurors identities must remain protected.