In a significant development in the high-profile case of Alec Murdoch, Judge Gene Toll of South Carolina has denied the motion for a new trial. Murdoch, a former attorney, is currently serving two life sentences for the murders of his wife and youngest son. The motion for a new trial alleged prejudice suffered by the defendants due to improper comments made by the clerk of court, who allegedly influenced the jurors.
During the proceedings, the credibility of the clerk of court, whose denial of making comments expressing her opinion of the verdict was questioned. Judge Toll noted that the clerk had expressed her desire to write a book about the trial and possibly sell books with a guilty verdict as early as November 2022, prior to the trial. Although the clerk denied this, the judge found her testimony not completely credible.
However, despite the clerk's comments, the judge concluded that they did not have any impact on the jury's verdict. Judge Toll acknowledged that each member of the jury took their assignment seriously, following the court's instructions and oath faithfully. Eleven jurors affirmed that they either heard no comments or that any comments made had no effect on their decision. One juror expressed ambivalence but confirmed that her decision was not influenced by the clerk's comments.
While acknowledging that pressure from fellow jurors is a common occurrence during deliberations, the judge found that the juror who displayed some ambivalence was not unduly influenced. The judge emphasized that the clerk's distraction by public attention compromised her duty.
Judge Toll arrived at this decision after a thorough examination of the trial transcript, studying cited authorities, relevant case law, and scholarly articles. While acknowledging that there are differing standards of review among federal circuits and states, the judge concluded that a new trial was not warranted solely based on the clerk's fleeting and foolish comments, motivated by publicity.
In exercising his discretion as the trial judge, Judge Toll determined that the factual record before him did not support granting a new trial. A fuller order will be filed, and the judge has directed both the state and the defendant to submit proposed orders within specific timelines. The defense will have an opportunity to lodge objections or propose an alternative order.
The denial of the motion for a new trial in the Alec Murdoch case has generated significant interest. Murdoch, who has been embroiled in a series of scandals involving his family, will continue with his two life sentences for the murders of his wife and youngest son, as previously handed down by the court.
