All options on the table after South Carolina Supreme Court overturns Alex Murdaugh conviction
Criminal defense attorney Donna Rotunno dissects the South Carolina Supreme Court's decision to overturn Alex Murdaugh's murder conviction, citing procedural errors by the court clerk. Rotunno explains that a new trial is likely, with the state's Attorney General Alan Wilson confirming all legal options are on the table, including the death penalty.
The South Carolina Supreme Court just wiped the slate clean for Alex Murdaugh, but the second round of his double-murder trial is already poised to be a different beast.
Just days after his convictions were unanimously overturned in the murders of his wife, Maggie, and son, Paul, prosecutors and defense attorneys are previewing major disputes over the death penalty, jury selection, financial-crimes evidence and floating an alternative suspect theory.
Here’s what could change the second time around:
Alex Murdaugh reacts as he addresses the court during his sentencing for stealing from 18 clients at the Beaufort County Courthouse in Beaufort, S.C., on Nov. 28, 2023. (Andrew J. Whitaker/The Post And Courier)
1. The death penalty is now on the table
South Carolina Attorney General Alan Wilson confirmed that his office is considering seeking the death penalty against Murdaugh if he is found guilty again — despite not pursuing it during the first trial.
Defense attorney Dick Harpootlian blasted the possibility Monday, accusing Wilson of making a politically motivated move tied to his gubernatorial ambitions.
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"Here’s the question: What does he know today he didn’t know five years ago?" Harpootlian said during a defense news conference Monday. "Why is he saying he’s going to seek the death penalty? Is there some new piece of evidence?"
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Wilson pushed back hard on that criticism, calling Harpootlian’s allegations political theater and insisting the reconsideration is based on legal realities that have changed since 2022.
"In 2022, when we were first faced with these decisions, the death penalty was not a practical consideration for us because there hadn’t been a death penalty execution in 13 years," Wilson told Fox News’ "America Reports" Monday. "We didn’t have the ability to carry it out. That has changed since then."
Wilson said that prosecutors are "considering everything" because the retrial resets the case to "ground zero."
2. The defense wants the trial moved
Harpootlian has already confirmed that the defense plans to seek a venue change, arguing it may be impossible to find an impartial jury in the same county where the first nationally televised trial unfolded.
"This has got an extraordinary notoriety unlike most other cases I’ve ever tried," Harpootlian said.
The defense also wants attorney-conducted voir dire, meaning lawyers themselves would directly question potential jurors, along with possible sequestration and deep dives into prospective jurors’ social media histories.
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"We now have the ability to get people’s social media, their Instagrams, all of that," Harpootlian told Fox News Digital. "And we’ll scour that before they ever get a chance to appear."
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Wilson told Fox News that they are "looking at the venue," and may consider other options.
"We have the current intention of trying to go back to the same venue, but we're gonna evaluate all of our options and consider every decision," he said. "We may change our minds. We may go the direction we've already decided to go. This thing is very fresh and very raw, and we want to get it right."
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3. Prosecutors may face tighter limits on financial-crimes evidence
The South Carolina Supreme Court ruled prosecutors can still use some of Murdaugh’s financial-crimes evidence because it is relevant to motive, but criticized how extensively it was presented during the original six-week trial.
Harpootlian argues the prosecution spent nearly two weeks turning Murdaugh into a "character assassination" case before jurors even fully considered the murder evidence.
"So, by the time we got to the real evidence, [the jury] wasn’t interested in hearing it because he was such a horrible, evil man and a liar," Harpootlian said.
ALEX MURDAUGH'S DOUBLE MURDER CONVICTION UNANIMOUSLY OVERTURNED BY SOUTH CAROLINA SUPREME COURT
The Supreme Court similarly criticized prosecutors for spending roughly 12.5 hours presenting inflammatory details that could have been covered far more briefly.
That means the retrial could feature a significantly narrower presentation of Murdaugh’s thefts and financial misconduct.
4. The defense may float alternative suspect
Harpootlian also accused state investigators of suffering from tunnel vision immediately after arriving on the Murdaugh family property off Moselle Road in Colleton County, South Carolina, on June 7, 2021.
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"They decided that night he was the guy and everything they did after that excluded any other thought," Harpootlian told Fox News Digital Friday. "And that's why they have no evidence connecting him with the murder scene."
When asked about new evidence regarding an unknown male DNA profile found under Maggie Murdaugh's fingernails, Griffin criticized the handling of the lead.
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"We pointed out during the last trial that they did find unknown male DNA who is not related to any Murdaugh or any of Maggie's family under her fingernail," Griffin said. "That was not really followed up on. We don't have possession of that DNA, so we can't do anything with it. We can, perhaps with a new case, go and seek an order from the court to compel them to send it off to CODIS. If we were in charge and we had the facilities, the forensic lab they had, and we had search warrant abilities, we would have done things a lot different and more timely. A lot of the opportunity is lost."
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5. Alex Murdaugh may or may not testify again
Murdaugh’s dramatic testimony during the first trial became one of its defining moments. Whether he takes the stand again remains an open question.
"That’ll be a game day decision," Harpootlian said.
Alex Murdaugh is cross examined by prosecutor Creighton Waters after taking the stand in his murder trial at the Colleton County Courthouse on Feb. 24, 2023. (Joshua Boucher/The State)
Prosecutors, meanwhile, are treating the retrial as an entirely fresh case.
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"Right now, we want to treat this as if this trial has not occurred," Wilson told Fox News’ Sandra Smith and John Roberts.
6. Becky Hill and jury tampering will loom
The retrial only exists because the South Carolina Supreme Court ruled former Colleton County Clerk of Court Rebecca "Becky" Hill improperly influenced jurors during the original trial.
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The justices wrote that Hill "placed her fingers on the scales of justice," denying Murdaugh his right to a fair trial.
Now Murdaugh’s attorneys are escalating the fight by suing Hill in federal court, accusing her of violating his constitutional rights and seeking damages tied to the original trial.
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A side view of the house at the Murdaugh Moselle property in Islandton, S.C., on March 1, 2023. (Andrew J. Whitaker/The Post and Courier/Pool)
The lawsuit alleges Hill improperly pressured jurors against believing Murdaugh’s testimony because she wanted a guilty verdict that would help sell books about the trial.
Defense attorneys said Monday they intend to use civil discovery tools, including subpoenas and depositions, to further investigate Hill’s conduct and determine whether anyone else may have been involved.
"We’re going to find out exactly what happened," Harpootlian said Monday. "Was she a lone wolf?"
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