Murdaugh Team 'Cautiously Optimistic' Clerk Misconduct Could Lead To New Trial

Alex Murdaugh’s defense team says it is "cautiously optimistic" that alleged misconduct by Colleton County court clerk Rebecca "Becky" Hill could help secure a new trial when the South Carolina Supreme Court hears consolidated appeals on Feb. 11, defense lawyer Dick Harpootlian said.

Dick Harpootlian represented Alex Murdaugh during his 2023 murder trial.

Two Consolidated Appeals

Harpootlian, who represents Murdaugh along with Jim Griffin, said the high court will consider two consolidated appeals: one challenging legal rulings made during Murdaugh’s March 2023 murder trial, and a second alleging that Clerk Rebecca Hill improperly tried to influence jurors.

Alex Murdaugh talks with his defense attorney Jim Griffin during a jury-tampering hearing at the Richland County Judicial Center, Jan. 29, 2024, in Columbia, South Carolina.

Clerk Misconduct and Guilty Plea

Hill pleaded guilty in Colleton County Circuit Court to four charges: obstruction of justice and perjury related to showing sealed court exhibits to a reporter and lying about it, and two counts of misconduct in office tied to taking bonuses and using her position to promote a book she wrote about the trial. Judge Heath Taylor sentenced Hill to one year of probation and said the sentence would have been harsher if prosecutors had concluded she tampered with the jury.

Defense attorney Dick Harpootlian listens to John Marvin Murdaugh during the Alex Murdaugh double murder trial at the Colleton County Courthouse in Walterboro on Feb. 27, 2023.

"She pled guilty to perjuring herself, to lying under oath during that hearing," Harpootlian said. "I think that goes a long way to showing in appellate court that whatever she said shouldn’t be believed."

Defense’s Argument

The defense argues witnesses at an evidentiary hearing described Hill making comments to jurors about Murdaugh’s demeanor and testimony—remarks the defense says crossed the line from administrative duties into improper influence. Hill has denied attempting to sway jurors. Last year, Judge Jean Toal ruled the defense had not proven those comments changed the verdict.

Harpootlian discusses the Pee Wee Gaskins case and his shifting perspective on the death penalty in his new book, "Dig Me a Grave: The Inside Story of the Serial Killer who Seduced the South," co-authored with Shaun Assael.

Harpootlian said the defense disputes the standard applied, citing guidance from the U.S. Supreme Court and the Fourth Circuit that an appellant need not prove actual influence on a juror—only that the clerk said things that reasonably and objectively could have influenced jurors.

Dick Harpootlian prosecuted Pee Wee Gaskins in the 1980s.

What Comes Next

Harpootlian said there are multiple potential grounds for reversal in the consolidated appeals. "There are a couple dozen different issues that have to be addressed," he said, noting any one could result in a new trial. He described the team as cautiously optimistic but emphasized that the outcome will depend on the high court’s review and questions.

Dick Harpootlian began his career as a prosecutor in the Fifth Circuit Solicitor’s Office in the 1980s.

Context And Author’s Note

Murdaugh was convicted in March 2023 of the 2021 murders of his wife, Maggie, and their youngest son, Paul, and was sentenced to life without parole. The case attracted national attention and numerous legal challenges. Harpootlian, who is promoting a new true-crime book about his prosecution of serial killer Donald "Pee Wee" Gaskins, said decades in South Carolina courtrooms inform his perspective on the justice system.

Key parties: Alex Murdaugh (defendant), Dick Harpootlian and Jim Griffin (defense counsel), Rebecca "Becky" Hill (court clerk), Judge Heath Taylor (sentencing), Judge Jean Toal (prior ruling).