By Jeffrey Collins | Associated Press
COLUMBIA, S.C. — One member of the jury that convicted Alex Murdaugh of murdering his wife and son testified Monday that when a clerk court urged jurors to watch his actions and body language during the trial, it made him seem guilty — and those comments influenced her decision to convict.
But the other 11 jurors testified that they based their guilty verdicts only on the testimony, evidence and law presented at trial, and just one of them mentioned hearing anything similar about Murdaugh from Colleton County Clerk Becky Hill.
All 12 jurors took the 90-mile (145-kilometer) trip from Colleton County to Columbia to give what was typically about three minutes of testimony, mostly yes-or-no questions from the judge’s script. Murdaugh, now a convicted killer, disbarred attorney and admitted thief serving a life sentence, wore an orange prison jumpsuit as he watched with his lawyers.
The unusual hearing was prompted in part by a sworn statement from the first juror called to the stand Monday.
She affirmed what she said last August, repeating Monday that Hill told jurors to note Murdaugh’s actions and “watch him closely” when he testified in his own defense.
“She made it seem like he was already guilty,” said the woman, identified only as Juror Z. Asked whether this influenced her vote to find him guilty, she said “Yes ma’am.”
In later questioning, the juror said she also stands by another statement she made in the August affidavit: that it was her fellow jurors, more than the clerk’s statements, that influenced her to vote guilty.
“I had questions about Mr. Murdaugh’s guilt but voted guilty because I felt pressured by other jurors,” she said.
The rest of the jury filed in one by one and said their verdicts weren’t influenced by anything outside the trial. One said he heard Hill say “watch his body language” before Murdaugh testified, but said Hill’s comment didn’t change his mind.
Guilty verdicts in South Carolina must be unanimous.
In a surprising twist, a bailiff interrupted the hearing to share that several jurors were able to watch the Court TV live feed on their cell phones and hear everything the first juror said. Two jurors later acknowledged using their phones before they were taken away, but none of them said watching Juror Z would change their testimony Monday.
Hill is expected to testify Monday afternoon.
She will likely be grilled by lawyers for Murdaugh, whose fall from his role as an attorney lording over his small county to a sentence of life without parole has been exhaustively covered by true crime shows, podcasts and bloggers.
Jury tampering is the basis for Murdaugh’s appeal, but Judge Jean Toal set a difficult standard for his lawyers. She ruled the defense must prove that potential misconduct by Hill directly led jurors to change their minds to guilty.
The defense argued if they prove the jury was tampered with, it shouldn’t matter whether a juror openly said their verdict changed, because even subtle influence could have kept Murdaugh from getting a fair trial.
“According to the State, if Ms. Hill had the jury room decorated like a grade-school classroom with colorful signs saying ‘Murdaugh is guilty’ that would not violate Mr. Murdaugh’s right to a fair trial … so long as jurors did not testify that they voted guilty because of the decor,” the defense wrote in a brief.
Toal also wouldn’t let the defense call the trial judge Clifton Newman as a witness, nor prosecutors or other court workers who might testify that Hill seemed certain of Murdaugh’s guilt or tried to influence the case.
Toal was Chief Justice of the South Carolina Supreme Court for 15 years before retiring. She was appointed by the current high court justices to rule on the juror misconduct allegations.
Toal also limited what could be asked of Hill, ruling out questions about a criminal investigation announced by state agents into whether the elected clerk used her office for financial gain, emailed prosecutors with suggestions on how to discredit a defense expert, conspired with her son who is charged with wiretapping county phones, or plagiarized part of her book on the case using a passage from a BBC reporter who accidentally emailed her instead of her boss with a similar address.
“I’m very, very reluctant to turn this hearing about juror contact into a wholesale exploration about every piece of conduct by the clerk,” Toal said.
Hill, in a sworn statement, has denied any jury tampering.
Even if Murdaugh, 55, gets a new murder trial he won’t walk out free. He’s also serving 27 years after admitting he stole $12 million from his law firm and from settlements he gained for clients on wrongful death and serious injury lawsuits. Murdaugh promised not to appeal that sentence as part of his plea deal.
But Murdaugh has remained adamant that he did not kill his younger son Paul with a shotgun and his wife Maggie with a rifle, since the moment he told deputies he found their bodies at their Colleton County home in 2021. He testified in his own defense.
Even if this effort fails, Murdaugh hasn’t even started the regular appeals of his sentence, where his lawyers are expected to argue a number of reasons why his murder trial was unfair, including the judge allowing voluminous testimony of his financial crimes. They said this enabled prosecutors to smear Murdaugh with evidence not directly linked to the killings.