The legal team representing disgraced former South Carolina attorney Alex Murdaugh is "cautiously optimistic" about the possibility of a retrial, according to his lawyer Dick Harpootlian.
Murdaugh, who was convicted in 2023 for the murder of his wife and youngest son, is set to have his case heard by the state Supreme Court in February.
As reported by Fox News, Harpootlian, who is working in tandem with attorney Jim Griffin, revealed that the court will be considering two consolidated appeals. One challenges a legal ruling from the 2023 murder trial, while the other focuses on alleged jury tampering by Court Clerk Rebecca "Becky" Hill.
Harpootlian explained, "One is the underlying trial the legal technical issues that you see in every appeal. And theres an additional appeal thats very unusual: did the clerk of court say things or do things in an effort to have the jury vote guilty?"
Murdaugh was found guilty of murdering his wife, Maggie, and their youngest son, Paul, at their rural hunting estate in South Carolina in June 2021. He was subsequently sentenced to life imprisonment without the possibility of parole. The second appeal revolves around Hill, who stands accused of making comments to jurors during the trial that the defense believes were intended to sway them towards a guilty verdict.
Hill has since pleaded guilty in Colleton County Circuit Court to four charges, including obstruction of justice and perjury. She admitted to showing a reporter photographs that were sealed court exhibits and then lying about it. She also pleaded guilty to two counts of misconduct in office for accepting bonuses and promoting a book she wrote about the trial through her public office.
Judge Heath Taylor sentenced Hill to a year of probation, stating that her sentence would have been more severe had prosecutors found evidence of her tampering with the Murdaugh jury. Harpootlian believes Hills guilty plea strengthens the defenses argument that her credibility is irreparably damaged.
"She pled guilty to perjuring herself, to lying under oath during that hearing," he said. "I think that goes a long way to showing in appellate court that whatever she said shouldnt be believed."
During the evidentiary hearing, several witnesses testified that Hill made comments about Murdaughs demeanor and testimony to jurors, which the defense argues crossed the line from administration into influence. While Hill has denied trying to influence the jury, Judge Jean Toal ruled last year that the defense failed to prove the comments affected the verdict. Harpootlian, however, disagrees with this standard.
"The United States Supreme Court and the Fourth Circuit have indicated we dont have to show that it actually influenced somebody," he said. "We just need to show that she said things that reasonably, objectively could have influenced a juror."
When asked about the defense team's reaction to Hills guilty plea and sentence, Harpootlian expressed cautious optimism about their chances of securing a retrial. "There are a couple dozen different issues that have to be addressed," he said. "Any one of which could give us a new trial. Were cautiously optimistic, but you dont know until you get there and hear their questions."
Harpootlian emphasized the importance of the integrity of the justice system, stating, "The integrity of the system matters. And thats what this appeal is really about."
In the midst of this legal battle, Harpootlian is promoting his new book, "Dig Me a Grave: The Inside Story of the Serial Killer Who Seduced the South," a true-crime account of one of South Carolinas most infamous serial killers, Donald "Pee Wee" Gaskins. The book provides a firsthand account of Harpootlians experience prosecuting Gaskins, who was executed in 1991 after confessing to at least 13 murders.
Harpootlian draws parallels between his experiences in the courtroom and the public's perception of high-profile cases. "What people think they know from documentaries or TV is often very different from what actually happens in the courtroom," he said.
In his book, Harpootlian also explores the emotional toll of working capital cases, including a failed plot by Gaskins to kidnap Harpootlians young daughter in an attempt to escape execution. Despite his personal involvement in the case, Harpootlian did not attend Gaskins execution, stating, "What would I get out of that other than watching another human being die? I regret every death, and Im certainly not going to relish in it."
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