Judge Jean Toal held hearings this week to determine if convicted killer Alex Murdaugh is entitled to a new trial.
Murdaugh’s defense team claims that Rebecca Hill, the Colleton County Clerk of Court, encouraged jurors to rule against Murdaugh and that she discussed his testimony and evidence presented in the trial with them, which is strictly not allowed.
In a hearing earlier this month, Toal narrowed the scope of who will be examined at hearings. This limits the witnesses to Hill and jurors who participated in the verdict. This excluded the dismissed jurors from the case, and included the juror who was removed from the case for comments she made during the trial.
In court filings, Murdaugh’s lawyers say they only need to prove that Hill talked to jurors about evidence, not that she swayed their decision.
Their motion concludes that if Hill is found to have tampered with the jury, they believe Murdaugh must be granted a new trial.
Murdaugh’s lawyers asked to bring up other concerns about Hill, including ethics complaints, but the judge made clear that the defense has a very heavy burden of proof, and that Hill herself is not on trial.
“I am very, very reluctant to turn this hearing about juror contact into a wholesale exploration of every piece of conduct by the Clerk,” said Toal.
One juror, who had scheduling conflicts, was examined this past Friday. Now everyone else will be examined over the next few days.
