Breakdown of Alex Murdaugh's updated pre-hearing motion and major arguments therein:
1. Witnesses - Murdaugh provides the list of witnesses he may call. A big one: Rhonda McElveen, Clerk of Court in Barnwell County. She helped Becky Hill during the Murdaugh trial in Colleton.
Murdaugh argues he should be allowed to call McElveen because she "may have personal knowledge of facts" regarding Hill's jury interactions. Murdaugh says McElveen will testify Hill said things to her during trial "substantively identical" to things she allegedly said to jurors.
McElveen will also testify she got "several complaints from court staff about Hill having inappropriate & excessive contacts with jurors," according to Murdaugh.
Example: McElveen reportedly received a complaint of Hill interacting with jurors in public at Walmart during trial.
Other notable jurors Murdaugh will / may call:
- Current & former members of Hill's court staff
- Hill's son, Jeffrey Hill, under indictment for wiretapping—reportedly to spy on conversations about his mom
- Judge Clifton Newman
- Juror 630 & 785, main jury tampering accusers
2. Becky Hill's credibility - I've seen many people on Twitter who seem dismissive of the idea Hill's book, emails, phone, etc. may have any bearing on the jury tampering case. Murdaugh's lawyers make the case succinctly here. They say Hill has a "character for untruthfulness."
Murdaugh wants it to come down to Becky Hill's word vs. the word of Juror 630, with some salt & pepper from jurors 785 ("Egg Lady"), 741 & 254. But mainly Hill vs. 630. Murdaugh thinks the State doesn't have anyone else who can refute 630 after rendering Hill's word worthless.
This speaks to Murdaugh's request for "wide latitude" to "impeach" Hill. They want to stack the deck so thoroughly in J.630's favor the court would have no choice but to take their word over Hill's. Under such a circumstance, Murdaugh believes a retrial would be undeniable.
Yet—at the same time—Murdaugh's defense lawyers also argue the court should restrict which jurors & witnesses the State can call to testify in Becky's defense. They argue testimony is irrelevant and inadmissible unless a witness was in the room for comments J630 claims Hill made.
Murdaugh's logic is as follows: Several jurors were in separate rooms for a significant portion of the trial, thus testifying they never heard Becky Hill say anything Juror 630 alleged is potentially meaningless unless they can show they were there at the time.
The rest is mostly restatement of what Murdaugh put forward in the original pre-hearing brief. The central thesis is this: Murdaugh only needs to prove jury tampering occurred for a retrial to be granted. He does not need to show bias resulted from any such tampering.
We'll get a sense for how much of this Justice Jean Toal will accept and vice versa in the status conference coming up on Tuesday, January 16. Lots at stake with some heavy-duty legal arguments.
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Reading the prosecution's reply to Alex Murdaugh's retrial motion. They're rightfully attacking the logically starved premise underlying the entire motion: that Becky Hill tampered with the jury every which way so she could write a book, be famous and get money.
My 2 cents?
The crack in the foundation isn't as deep as the State goes to find it. Stick with me here ...
Murdaugh's lawyers argue Becky Hill pressed the jury to 𝘲𝘶𝘪𝘤𝘬𝘭𝘺 reach a verdict, and specifically a 𝘨𝘶𝘪𝘭𝘵𝘺 verdict, because that was her ticket to fame and fortune.
With no evidence or linear reasoning—only innuendo and begging the question—they suggest mere existence of Hill's book proves a motive to manipulate the trial outcome against Murdaugh. In other words, they say Hill couldn't have written a book but for the trial outcome we got.
Picking up notes for the afternoon session here. We're in character witness statements for Fleming now. A fellow attorney is speaking now, notes how Fleming said "thank you, I don't deserve it" when Pamela Pinckney forgave him at the federal sentencing. Never seen that before.
The attorney (I'm sorry, I didn't catch his name) invokes the 51st Psalm, "David's confession," and notes Fleming's "broken and contrite heart."
Cory's former paralegal and friend now speaks on his behalf. She does not discount the fact Cory made bad choices and hurt people, but asks Judge Newman to please take into consideration his good works, his faith, his friendship to many, and the potential he has to do good.
We have begun today's hearings for Cory Fleming, Alex Murdaugh and Russell Laffitte. You can watch here. abcnews4.com/watch
We started with the scheduling for Russell Laffitte. Judge Newman quickly decided to set that aside for the time being, and we've moved on to Alex Murdaugh.
Alex Murdaugh is in court wearing his orange S.C. Dept. of Corrections jumpsuit. He greeted Russell Laffitte attorney State Rep. Todd Rutherford with a big smile and a handshake.
Based on my research of Fleming’s family, the answer is 'Yes.' I also believe—by process of elimination—there's only one person who "Redacted" could be.
That info's out there. @MandyMatney had reported on all this previously, as mentioned in my 1st thread. True Sunlight, Ep. 2.
The reason for the first thread was I initially said the info was "new" after Waters mentioned Fleming's "uncharged conduct" in court.
It WAS new to me & some of my followers. We hadn't heard it before.
Others said no, Mandy & Liz discussed it before, or they saw it on Reddit.
I've been looking into revelations by Creighton Waters at Cory Fleming's plea hearing yesterday about 𝒆𝒂𝒓𝒍𝒊𝒆𝒓 insurance fraud schemes involving Cory & Alex Murdaugh. I hadn't heard of it before, but some were telling me the MMP crew & Reddit sleuths had this a year ago.
But if you're like me and haven’t heard this before, or if you just want a refresher, here comes a breakdown.
CAVEAT: Much of this is public record, but it involves people who haven't been indicted. I'm going to keep things vague to avoid insinuation of wrongdoing.
It started with Waters making the point Fleming was 𝒏𝒐𝒕 duped or manipulated by Murdaugh into committing crimes, nor was Fleming oblivious to the fact Murdaugh was stealing money from clients. Instead, Waters argued Fleming was intimately involved in these schemes.
I'm in Kingstree attending hearings for Russell Laffitte and Cory Fleming's related to their state fraud conspiracy charges in the broader Alex Murdaugh crime sphere.
Fleming is expected to plead guilty to his state charges following his guilty plea in federal court last week.
Russell Laffitte is in court for what I'm told is a standard pretrial hearing on his 21 state charges. Laffitte has appealed his federal sentence & conviction on similar charges. He awaits a ruling from the 4th Circuit on a request to stay free on bond until the appeal is decided