Alex Murdaugh appeared at a pre-trial public status hearing Tuesday, January 16 where former South Carolina Supreme Court Chief Justice Jean Toal set parameters for an upcoming hearing later this month on whether to grant a new trial.
Toal was appointed to take over the case from Judge Cliffton Newman after he recused himself from the case.
During the pre-trial hearing, the defense put forth evidence for an evidentiary hearing, while the state tried to argue that a motion for a new trial needed to be filed 10 days before a verdict. The state also argued that the defense knew of the allegations against the court clerk before that deadline.
Justice Toal said during the pre-trial hearing that there needs to be evidence based on fact, not presumption, which is hard in a case like this.
Each side laid out a list of witnesses who should testify during the trial. The defense recommended each juror should testify and, most importantly, Colleton County Clerk of Court Rebecca Hill needed to testify.
The judge said they would only hear testimony from the jurors who heard the case throughout and indicated that Hill must testify, considering the whole appeal is centered around accusations against her.
Hill has denied the allegations in a sworn statement, saying she neither asked jurors about Murdaugh’s guilt before deliberations nor suggested to them that he committed the murders.
The defense will get to put forth evidence at a three-day hearing expected to begin Jan. 29, according to a tentative schedule shared by a media liaison for Toal.
