State responds to Murdaugh’s motion for new murder trial

COLLETON COUNTY, S.C. (FOX Carolina) - On Friday, state prosecutors filed a response to Alex Murdaugh’s motion requesting a new double murder trial.

Murdaugh’s defense team says the jury that convicted him of killing his wife and son was tampered with by the Colleton County Clerk of Court, Rebecca Hill.

Earlier this month, Attorney General Alan Wilson asked the South Carolina Law Enforcement Division (SLED) to investigate the allegations.

In Friday’s filing, the state said the motion for a new trial cannot be made while the case is being appealed. The appellate court will have to suspend the appeal and grant leave for the motion.

Murdaugh’s defense must also show the evidence in question is significant enough that it would probably change the results if a new trial is granted. The state said they have already found “significant factual disputes” to the claims from the defense.

Additionally, the motion for a new trial requires proof that the new evidence in question could not have been discovered earlier. The state said Murdaugh’s defense attorneys have said in multiple interviews that they were potentially aware of the issue at the time of the trial.

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