Lawyers for convicted double murderer Alex Murdaugh say the clerk of court in his murder trial forwarded emails about defense witnesses to prosecutors and talked with jurors about the case during his six-week trial, according to a newly filed brief.
Murdaugh is asking for a new trial, claiming Becky Hill tampered with the jury by speaking to them about her belief in their client’s guilt. In a brief filed this week, attorneys Jim Griffin and Dick Harpootlian said they plan to impeach Hill’s testimony. They said she should not be allowed to invoke her Fifth Amendment rights against self-incrimination if called to testify.
“She waived the right to assert the Fifth Amendment in this proceeding when she submitted an affidavit specifically denying each allegation against her,” Griffin and Harpootlian wrote.
Prosecutors submitted an affidavit signed by Hill to the court in which she denied all of the allegations of jury tampering. Since then, though, Murdaugh’s lawyers say new information has come to light, further calling Hill’s credibility into question.
“Ms. Hill is alleged to have stolen money, illegally sold access to the courthouse, conspired with her son to conduct illegal wiretaps, and even had her book removed from publication because of her plagiarism,” the lawyers wrote.
Hill’s son, Jeffrey “Colt” Hill, was charged with one count of wiretapping last November. He’s accused of using his position as Colleton County IT director to listen to the phone calls of another county employee. FITSNews in South Carolina has reported Colt Hill did so to keep his mother up to date on an ethics complaint made against her regarding her conduct during the Murdaugh trial.
Hill wrote a book after the trial, “Behind the Doors of Justice.” Late last year, she admitted to using a BBC reporter’s story in the book without the reporter’s permission. FITSNews also reported that Hill is being investigated for misusing federal funds at the Colleton County Clerk of Courts Office that were earmarked for child support enforcement.
Murdaugh’s lawyers claim these revelations have damaged Hill’s credibility regarding her denials.
Alex Murdaugh awaits his verdict, Colleton County Court Clerk Rebecca “Becky” Hill reads the verdict sealing Murdaugh’s fate on March 2, 2023 (Law&Crime Network)
While none of the jurors in Murdaugh’s trial have claimed Hill’s comments impacted their decision to find him guilty, Murdaugh’s lawyers say that is not the legal standard.
“Even if every juror were to testify that he or she would have reached the same verdict regardless of Ms. Hill’s tampering, a new trial is required if it is proven that Ms. Hill communicated with jurors about the merits of the evidence presented,” Griffin and Harpootlian wrote.
Prosecutors view the case much differently, however. They hope to preserve the murder convictions and claim Murdaugh hasn’t met the bar for an evidentiary hearing.
In a brief filed Thursday, prosecutors said the burden is on Murdaugh to prove the jury tampering occurred.
“Not a single juror who actually deliberated on the case indicates that their deliberations or verdict was in any way affected by the improper contacts alleged,” prosecutors wrote.
Prosecutors are asking Justice Jean Toal, who is now presiding over the motion for a new trial, to limit questioning of the jurors to two issues: first, did they answer when polled after the verdict, and did they follow Judge Newman’s instructions to follow the law and the evidence when reaching a verdict.
The defense stated in its motion that jurors would be questioned in camera, meaning behind closed doors. And Justice Toal would be the person to question the jurors.
Judge Clifton Newman upbraids Alex Murdaugh’s defense attorneys for improperly objecting on Feb. 2, 2023, in Colleton County, S.C.
Judge Clifton Newman, who is now retired but presided over Murdaugh’s trial, would also be questioned in camera by Justice Toal if necessary.
A hearing will be held on Jan. 16 in Richland County, South Carolina. The evidentiary hearing is scheduled for Jan. 29-31.
Alex Murdaugh is serving two consecutive life sentences for the murders of his wife, Maggie, and son, Paul. They were found shot to death on the family’s Moselle property in June 2021.
Murdaugh has maintained his innocence. Late last year, he pleaded guilty in state court to a long list of financial crimes charges. He is serving a 27-year sentence. He will be sentenced this year on federal charges for the same crimes.
Have a tip we should know? [email protected]
