Alex Murdaugh rubbed his furrowed forehead with unshackled hands and took notes Tuesday as Judge Jean Toal laid out strict parameters for how a retrial hearing will proceed at month’s end.
First, the judge confirmed what Murdaugh’s defense team has argued for months, an evidentiary hearing into allegations of jury tampering is needed to ensure the convicted killer’s civil rights were not violated. If they were, a new trial must be granted.
But she disagreed the defense will have to merely prove Becky Hill had improper contact with jurors. She said they must also show such contact influenced jurors to find Murdaugh guilty of murdering his wife and son.
“Prejudice must be proved, not presumed,” Judge Toal said.
The judge elaborated, adding she will consider, “specific evidence of what was said, when it was said and how it impacted the jury.”
Also, “who said it” is of consequence to Judge Toal. Right now, she only wants to hear from the 12 jurors who deliberated and the clerk Becky Hill.
That means the juror who was dismissed just before the defense presented closing arguments will not be called to testify. She was key to their case, providing an affidavit that Hill had inappropriate conversations with jurors. She also became known as the “egg lady” after asking to retrieve a dozen eggs from the jury room before she left.
As for Hill, the defense has expressed concerns she might not be cooperative since she is the subject of two SLED investigations. One looks into the jury tampering allegations in which it’s claimed, among other things, Hill told jurors not to “be fooled” by Murdaugh before he testified.
The other investigation is into allegations Hill used her public office for personal gain. She wrote a tell-all book about the six-week long murder trial. The defense claims she wanted Murdaugh found guilty to boost sales. But the book’s publication was pulled last month after Hill admitted to plagiarizing part of it.
In briefs filed before Tuesday’s status conference, the defense listed a slew of possible witnesses they wanted to call if Hill became a hostile witness including then presiding Judge Clifton Newman and prosecutor Creighton Waters. But Judge Toal said absolutely not.
“This is not the trial of Miss Hill,” Judge Toal said. “Issues about motive and so forth and the possible commission of crimes are not what this inquiry is about.”
The judge made it clear she will be the one asking questions and is taking suggestions from both sides.
She called on one of Hill’s attorneys to ensure she will be present to testify. Will Lewis said she would and returned to his seat in the back of the courtroom where he told South Carolina Public Radio he had no further comment but would soon.
The evidentiary hearing is scheduled to begin Jan. 29 and is expected to last three days. Jurors will testify first, arriving at the Richland County Courthouse through a private entrance. This time their courtroom journey takes them to the state capitol about an hour from their Colleton County homes.
