Alex Murdaugh returns to court as defense argues for retrial move after clerk scandal poisoned jury pool

Alex Murdaugh’s execution lawsuit is headed backmost to tribunal Monday greeting successful the shadiness of the clerk of tribunal ungraded that unraveled his convictions and gave 1 of America’s astir notorious defendants a changeable astatine a 2nd trial.

Murdaugh, the disgraced erstwhile South Carolina lawyer convicted successful the 2021 murders of his woman and lad earlier his convictions were overturned, is expected to look astatine a 10 a.m. presumption and scheduling proceeding successful Lexington County, South Carolina.

It volition people Murdaugh’s archetypal tribunal quality related to his imaginable retrial since helium was sentenced successful his sweeping fiscal crimes cases successful March 2023.

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Alex Murdaugh is taken to the Colleton County Courthouse for sentencing connected March 3, 2023. (Joshua Boucher/Pool/The State/Tribune News Service via Getty Images)

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The proceeding is not expected to dive into the grisly murders of his wife, Maggie, 52, and their younger son, Paul, 22, who were recovered changeable to decease adjacent the canine kennels astatine the family’s hunting estate, known arsenic Moselle, successful June 2021.

Instead, the proceeding is expected to absorption connected scheduling, find and different procedural matters arsenic prosecutors and defence attorneys statesman mapping retired what could go Murdaugh’s 2nd execution trial.

Alex Murdaugh is transverse examined by authoritative Creighton Waters aft taking the basal successful his proceedings for execution astatine the Colleton County Courthouse connected Friday, February 24, 2023.  (Joshua Boucher/The State/Pool)

But transgression defence lawyer and Fox News contributor Donna Rotunno told Fox News Digital that adjacent a procedural proceeding could uncover the archetypal large responsibility lines successful the adjacent signifier of the case: wherever the proceedings volition beryllium held and however accelerated the authorities tin bring Murdaugh backmost earlier a jury.

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"I deliberation the main happening we’re going to larn is whether oregon not there’s going to beryllium a alteration successful venue and what the proceedings dates are looking like," Rotunno said.

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Murdaugh’s defence squad has pushed for a venue alteration retired of the circuit, arguing that the ineligible circus surrounding the lawsuit and the misconduct allegations tied to the archetypal proceedings marque it intolerable for him to get a just retrial.

Venue changes are typically a steep climb, Rotunno said, due to the fact that courts often find that wall-to-wall publicity follows a notorious suspect nary substance wherever the lawsuit is moved.

From near to right, Buster, Maggie, Paul and Alex Murdaugh successful an undated photo. (Facebook)

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"A alteration of venue is ever a hard task due to the fact that the court’s presumption is, nary substance wherever you live, you cognize astir this," she said. "You tin work astir it. You tin ticker these trials erstwhile they’re televised. So a batch of times courts volition accidental it doesn’t substance if we alteration the venue."

Dick Harpootlian represented Alex Murdaugh during his 2023 treble execution trial. (Tracy Glantz/The State/Tribune News Service)

But Murdaugh’s case, she said, is different.

His execution convictions were overturned aft the South Carolina Supreme Court recovered improper comments by erstwhile Colleton County Clerk of Court Rebecca "Becky" Hill, whose behaviour became the ground for Murdaugh’s bid for a caller trial.

"I deliberation successful this situation, it’s a small spot different, fixed the information that you had a clerk successful that region fundamentally origin the full crushed we’re having a caller trial," Rotunno said. "So I bash think, fixed the quality of impropriety here, it would astir apt behoove the tribunal to marque the determination for the alteration of venue."

Alex Murdaugh, right, is shown present with his family. (Fox News)

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Rotunno said keeping the lawsuit successful the aforesaid region could make problems down the enactment if Murdaugh were convicted again.

"I deliberation if you’re looking astatine the thought of appeals down the line, if helium were to suffer successful that aforesaid county, you whitethorn unfastened yourself up to much scrutiny," she said.

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Murdaugh, erstwhile a almighty Lowcountry lawyer from a salient ineligible dynasty, was convicted successful March 2023 of gunning down Maggie and Paul. Prosecutors argued astatine proceedings that Murdaugh killed them to summation sympathy and distract from a collapsing web of fiscal crimes, stolen lawsuit wealth and lies.

The lawsuit was thrown backmost into turmoil aft allegations surfaced that Hill made improper comments to jurors during the trial. Murdaugh’s defence argued she tampered with the assemblage to unafraid a blameworthy verdict and boost publicity for a book.

Alex Murdaugh sits astatine the defence array during a judicial proceeding astatine the Richland County Judicial Center successful Columbia, S.C., Monday, Jan. 29, 2024. (Tracy Glantz/The State via AP, Pool)

The tribunal recovered that Hill was drawn by the "siren telephone of celebrity" and allowed nationalist attraction to flooded her duty. Hill co-authored a publication astir the proceedings, "Behind the Doors of Justice: The Murdaugh Murders," which the suit says earned astir $100,000 earlier being withdrawn amid plagiarism allegations.

In December 2025 Hill pleaded blameworthy to 4 charges: obstruction of justness and perjury for showing a newsman photographs that were sealed tribunal exhibits and past lying astir it, positive 2 counts of misconduct successful bureau for taking bonuses and promoting a publication she wrote connected the proceedings done her nationalist office.

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The authorities has maintained that Murdaugh received a just trial, but the South Carolina Supreme Court reversed the execution and weapons convictions and remanded the lawsuit for caller proceedings.

South Carolina Attorney General Alan Wilson has indicated helium hopes to effort the lawsuit by the extremity of the year, antecedently telling Fox News Digital that helium plans to effort it "as rapidly and expeditiously arsenic possible."

"Look, I'm being aspirational erstwhile I accidental this, but we would similar to effort to get this lawsuit up earlier January 2027. That would beryllium our goal," helium said.

"I deliberation that mightiness beryllium a small overzealous," Rottuno said.

She said the timeline volition yet beryllium connected the justice and whether Murdaugh’s defence squad says it tin beryllium ready.

"I cognize that they’re decidedly exploring a batch of caller defence options here, truthful they whitethorn privation a small spot much clip than that," Rotunno said. "End of the twelvemonth is lone six months away, and you’re talking astir holidays. I don’t spot that."

Murdaugh’s attorneys person already previewed immoderate of the issues they privation to rise earlier immoderate retrial, including a question to trial chartless antheral DNA reportedly recovered nether Maggie’s fingernails.

Prosecutor Creighton Waters, left, and defence lawyer Dick Harpootlian basal during the Alex Murdaugh jury-tampering proceeding astatine the Richland County Judicial Center, Monday, Jan. 29, 2024, successful Columbia, S.C. (Andrew J. Whitaker/The Post And Courier via AP, Pool)

His defence squad besides filed a question to person Murdaugh stay unshackled, but withdrew the question aft prosecutors fired backmost that the disgraced lawyer "thinks he’s special."

"Murdaugh is not conscionable a pre-trial detainee; helium is an inmate serving a precise agelong sentence," the authorities wrote.

Prosecutors besides argued that Murdaugh should not person antithetic attraction "simply due to the fact that the crimes helium allegedly committed person received media attention."

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His attorneys fired backmost that the state’s absorption was "without merit," accused prosecutors of "histrionics" and argued that televised pretrial proceedings could inactive prejudice prospective jurors if Murdaugh is displayed successful shackles.

WATCH: There are ever 2 sides of the story: Buster Murdaugh

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The defence aboriginal withdrew the motion, saying Murdaugh did not privation to make a distraction earlier the presumption league and wanted the tribunal to absorption connected issues much cardinal to his defense.

"If the State wants to usage that for a nationalist spectacle, truthful beryllium it," the defence wrote. "Mr. Murdaugh volition not discarded the Court’s clip astatine the upcoming presumption league arguing astir the optics."

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