Judge rules Alex Murdaugh's retrial will have a change of venue, but no location set
Alex Murdaugh appeared in a South Carolina courtroom on Friday for a hearing to work out some key issues ahead of his April 2027 retrial, including where it will take place, what evidence will be permitted, and how much of Murdaugh's testimony from the first trial will be available to prosecutors.
Judge Debra McCaslin agreed that Murdaugh would be unable to receive a fair retrial in Colleton County, where the original trial took place, but she has not decided on where the trial will be held.
She ruled that the trial cannot take place anywhere in the 14th Circuit, where Colleton is located. She will issue an order later on the new venue.
After the South Carolina Supreme Court overturned Murdaugh’s conviction for murdering his wife and son earlier this year -- citing jury tampering by the court clerk in the case -- McCaslin scheduled his retrial for April 5, 2027.
Murdaugh is pushing to dismiss the case -- accusing the lead investigator of misconduct -- and argues he cannot have a fair trial in some of the South Carolina counties where his family name has been "synonymous with the local legal system for nearly a century."
The judge did not rule on the defense's motion to dismiss the case on Friday because prosecutors have not responded.
Defense attorney Dick Harpootlian called the Colleton County Courthouse the "scene of the crime" when it comes to the jury tampering by the Clerk of Court that triggered the new trial, calling it "poison."
The defense has lobbied to have the trial heard in Charleston, but State Attorney Creighton Waters said the expense would be an undue financial burden for the state, saying he is a steward of taxpayer money.
Murdaugh showed little reaction to the ruling on Friday.
McCaslin said she intends to stick to the trial start date she set. In a hearing that lasted over three hours, McCaslin moved through a list of motions from both sides.
McCaslin ruled that Murdaugh's testimony from his prior trial may be used in the new trial, subject to what is being testified.
McCaslin will not allow the defense to use Murdaugh's polygraph test at trial, warning that the defense could face being held in contempt or even a mistrial if the test is mentioned.
The judge also ruled that if the defense plans to use data from Murdaugh's phone at trial, it must give prosecutors notice and access.
Both sides will work on the jury questionnaire, and the judge will directly supervise jury selection.
Citing jury tampering by Clerk of Court Becky Hill and the reason behind the retrial, the defense asked that it be privy to the full potential jury list before the trial. Harpootlian implied that Hill's intervention in the case may have begun as early as jury selection.
The South Carolina Supreme Court in May threw out Murdaugh's double murder conviction due to misconduct by a court clerk who communicated with some of the jurors during the trial and influenced their deliberations.
"Both the State and Murdaugh's defense skillfully presented their cases to the jury as the trial court deftly presided over this complicated and high-profile matter. However, their efforts were in vain because Colleton County Clerk of Court Rebecca Hill placed her fingers on the scales of justice, thereby denying Murdaugh his right to a fair trial by an impartial jury," the ruling said.
Murdaugh's $600,000 civil lawsuit against Hill over the matter was dismissed this month.
Murdaugh, who remains in prison because he pleaded guilty to separate financial crimes, was sentenced to 27 years on state charges and 40 years on federal charges. While he had admitted to lying to and stealing from his clients, Murdaugh has maintained his innocence related to the deaths of his wife and son.
