Attorneys push to unshackle Alex Murdaugh during key hearings

Summary

• Alex Murdaugh‘s attorneys file motion to unshackle him
• S.C. Supreme Court overturned Murdaugh’s 2023 murder convictions
• Judge Debra R. McCaslin appointed to oversee retrial
• Murdaugh serving 27-year sentence for financial crimes

With a first court appearance soon approaching, attorneys for formerly convicted murderer Richard “Alex” Murdaugh say their client does not present a threat in the courtroom and have filed a motion demanding that he be unshackled for all upcoming court appearances.

Murdaugh, a disbarred Hampton lawyer still serving lengthy state and federal prison sentences for a multi-million-dollar fraud spree, was also convicted of murdering two family members but is now getting a second murder trial after those 2023 convictions were overturned by the S.C. Supreme Court due to alleged jury tampering by a court official.

The U.S. Supreme Court generally forbids shackling defendants at trial absent a specific security need, and it is typically avoided in front of a jury, Murdaugh’s attorneys argue. Murdaugh’s June 17 motion requests “an order requiring the State to unshackle him and allow him to wear civilian clothing during trial and during pretrial courtroom proceedings in which news media are present with cameras.”

Murdaugh’s filing predicts that the State will oppose this motion by arguing that most murder defendants are shackled during pretrial hearings, but cites the high-profile nature of this case by stating “most murder defendants don’t have TV crews filming every pretrial hearing,” and adds that “Murdaugh’s convictions for non-violent, white-collar crimes in no way justify presenting him to the jury pool as a shackled prisoner in a prison jumpsuit via video cameras at televised pretrial hearings.”

Murdaugh’s motion also contends that shackling a defendant is an “inherently prejudicial practice” and further argues that Murdaugh is neither a “threat to the courtroom” nor will he attempt to escape.

The motion further contends that Murdaugh has never exhibited any disruptive courtroom behavior, and has not shown “defiant behavior” toward corrections officers, and adds that the fact Murdaugh is charged with murder does not constitute a “special need.”

Will Murdaugh attend his first pretrial hearing?

A status conference in The State vs. Richard Alexander Murdaugh has been scheduled for 10 a.m. on June 29 before Circuit Court Judge Debra R. McCaslin at the Lexington County Judicial Center, according to court rosters.

With the retrial process now moving forward, Murdaugh is once again facing two murder charges and a pair of related weapons charges in connection with the June 7, 2021, shooting deaths of Murdaugh’s wife, Maggie, and adult son, Paul. The June 29 hearing will be “for scheduling purposes only,” states the court roster, to set the stage moving forward.

An email was sent last week to a spokesperson for the Murdaugh legal team enquiring if Murdaugh would be in attendance at this status conference. The Greenville News has not received a response.

SC Supreme Court overturns Alex Murdaugh’s murder convictions

The S.C. Supreme Court overturned Murdaugh’s previous 2023 murder convictions and ordered a new trial on Wednesday, May 13, citing improper jury communication and tampering by former Colleton County Clerk of Court Becky Hill, among other legal issues, which has also led to a related federal civil rights lawsuit filed by Murdaugh.

Retired SC circuit court judge to oversee retrial

On June 8, South Carolina Chief Justice John Kittredge appointed a retired S.C. circuit court judge to oversee all future retrial and related proceedings involving the previously convicted murderer Murdaugh, according to an order issued by the state’s Judicial Branch.

Justice Kittredge appointed Judge Debra R. McCaslin to oversee the retrial, and her appointment comes as legal proceedings surrounding Murdaugh continue to draw national attention following the overturning of his conviction and his multi-million-dollar fraud spree.

Is Alex Murdaugh out of prison?

Murdaugh is currently serving a 27-year sentence at the S.C. Department of Corrections for the financial crime convictions that the Attorney General’s Office secured. Murdaugh has also pleaded guilty to federal fraud charges and was sentenced to 40 concurrent years for those crimes.

Notices will be published by the county clerk of court

While the South Carolina Judicial Branch has emphasized that McCaslin will not grant interviews or comment on any aspect of the proceedings, citing judicial ethics rules that prohibit judges and court staff from discussing pending matters, court officials stipulate that notices for all future hearings and proceedings will be published by the appropriate county clerk of court.

Where will Alex Murdaugh’s retrial be held?

On May 29, the S.C. Supreme Court officially filed its “Remittitur,” remitting the case of The State Vs. Richard A. Murdaugh back to the Colleton County Court of General Sessions in the 14th Judicial Circuit.

While the Murdaugh case is back on the Colleton County docket, the retrial is unlikely to be held there. While the S.C. Attorney General’s Office has announced it will “aggressively” retry the case, Murdaugh’s defense attorneys have indicated they will be seeking a change of venue.