Alex Murdaugh and his legal team have filed a request to have the presiding judge, Clifton Newman, removed from the ongoing legal proceedings.
This request is part of Murdaugh's appeal against his guilty verdict and life sentence for the murder of his wife and son, as per News19.
Defense Questions Judge's Impartiality in Alex Murdaugh Case
WASHINGTON, DC - DECEMBER 17: The gavel sits in front of House Rules Committee chairman Rep. Jim McGovern (D-MA) during a House Rules Committee hearing on the impeachment against President Donald Trump on December 17, 2019 in Washington, DC.
While his lawyers do not allege improper conduct during the murder trial, they argue that Judge Newman's post-verdict remarks and interviews in the media have compromised his impartiality.
The defense's motion calls for Judge Newman to be recused from requesting a new trial and an upcoming case related to a series of financial crimes attributed to Murdaugh.
These financial crimes allegedly occurred as Murdaugh's life spiraled out of control in the years leading up to the murders.
Although the defense does not claim misconduct by Judge Newman during the trial, they highlight the judge's post-verdict comments and media interviews as evidence that he may no longer be impartial.
During sentencing, Judge Newman made remarks that indicated his belief in Murdaugh's guilt, such as pondering whether the spirits of the victims haunted him at night.
The defense's concerns regarding Judge Newman's impartiality are grounded in his post-verdict conduct, which includes appearances on the Today Show and interviews at Cleveland State University Law School.
While Judge Newman's comments may have been within the bounds of judicial discretion, Murdaugh's defense believes they raise questions about his ability to decide on matters related to the trial moderately.
One aspect of the defense's case is an allegation that elected Colleton County Clerk of Court Rebecca Hill tampered with the murder trial jury by discussing their opinions on Murdaugh's guilt or innocence before the trial's conclusion, according to Mail Online.
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Defense Seeks Judge's Recusal Amid Jury Tampering Claims
This allegation has prompted the defense to seek Judge Newman's removal from determining whether there should be a full hearing into Hill's actions. They contend that the judge's interactions with Hill could make him a potential witness.
If Judge Newman is removed or replaced, the judge who takes his place must decide whether to hold a full hearing on the defense's allegations.
Such a hearing would allow the reason to compel jurors, witnesses, and potentially Judge Newman to testify under oath, as well as access phone records, emails, and texts, which could be crucial in examining potential jury tampering. Alex Murdaugh is currently serving a life sentence without parole for the murder of his wife and son in 2021.
Even if his murder conviction were to be overturned, he would likely remain incarcerated due to federal charges for stealing millions of dollars from clients and his family law firm. This upcoming trial could result in additional years or decades behind bars for Murdaugh.
The defense's motion also raises questions about the introduction of evidence related to Murdaugh's financial crimes during the murder trial and challenges the assertion that he committed the murders.
They argue that Judge Newman's conduct and comments, as well as those of Colleton County Clerk of Court Rebecca Hill, were improper and impacted the trial's fairness. The South Carolina Supreme Court will ultimately rule on the defense's request to have Judge Newman removed.
While the South Carolina Attorney General's Office has yet to respond to these motions, they likely will in due course. As of the current writing, no hearing has been scheduled for Murdaugh's motion for a new trial, and the legal proceedings continue to unfold, Aol reported.
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