Lawyer continues to push for release of sealed Murdaugh trial files

Last month, our media outlet reported on an attempt by a Columbia, South Carolina, lawyer Joe McCulloch to open court records related to the investigation of a juror who was controversially removed from the Alex MurdaughThe double murder trial last year.

Readers will recall that the so-called “egg juror” — also known as Juror No. 785 — was thrown out of the panel the morning of the verdict. As I reported in reporting on those verdicts, her dismissal was crucial.

McCulloch is representing the juror and urging the court to release all records related to her dismissal. The South Carolina Attorney General's Office Alan Wilson – which successfully prosecuted Murdaugh – has refused to consent to his release, citing unspecified “ongoing matters.”

“She was determined,” a source familiar with the deliberations told me at the time. “She said (Murdaugh) was 'not guilty' and no one could change her mind.”

Another source told me, “She would have hung the jury.”

Had that happened, the state would have had to decide whether Murdaugh should be tried a second time for the murder of his 52-year-old wife. Maggie Murdaughand younger son, 22 years old Paul Murdaughon the evening of June 7, 2021.

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SC District Court Judge Clifton Newman removed the “egg juror” following an investigation by the SC State Law Enforcement Division (SLED) – the same agency that investigated the murders. Our listeners will recall that I have previously questioned the impartiality of such an investigation – as well as the impartiality of those currently tasked with prosecuting the former Colleton County Clerk of Court Becky Hillwho is accused of tampering with the Murdaugh jury.

Incidentally, SLED is also investigating the allegations of manipulation.

Was Hill the only one tampering with the jury? Or were her clumsy attempts to influence the jury part of a far more organized, sinister plot?

In her new book Enough is enoughJuror #785 talks about the forces she believes were instrumental in her dismissal—including, in her view, a conspiracy of lawyers, podcasters and others who allegedly exposed her data and “targeted” her dismissal because “someone thought I could be the one juror to stand up and vote not guilty.”

Numerous allegations have already been raised in connection with the dismissal of the juror from the egg court – including allegations that Becky Hill “made up a story about a Facebook post to exclude from the trial a juror who she believed might not find guilty.”

In addition to the jurors' personal report – which reportedly names the people they believe “targeted their exclusion from the jury” – there is a public record of the investigation that led to Newman's dismissal.

These are the court records mentioned in the introduction to this article… records that I have demanded the state release.

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RELATED | Confused justice

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“I have no idea what these requested records will show,” I wrote in my report on McCulloch's motion last month. “Perhaps the State has met its obligations to Murdaugh under the law fairly and impartially. Perhaps not. But whatever information these records contain, it is public information – and must be released. And the state's refusal to agree to the release is disturbing.”

During an interview with Law & Crime'S Jesse Weber This week, McCulloch discussed the files he reviewed in his capacity as attorney for Juror No. 785.

“There were several days of negotiations behind the scenes – what we in the camera — just the judge, just the prosecution and defense attorneys and some witnesses, including Juror 785 and some others who gave information to the court,” McCulloch told Weber.

“After reviewing those records, I felt the public should have a right to see what was happening behind the scenes, to have that information,” McCulloch added. “I will file another motion … asking the court to either remand the matter to a trial judge to decide whether the records should be released or the court should release them on its own motion.”

Of course, our media outlet will provide a copy of any such motion as soon as we receive it…just as we plan to report on the allegations made by the Egg Jury in her book when it is published next week.

According to McCulloch, the sealed court records will be “subject to public discussion” when they are eventually released.

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“I think it's going to take some time to digest,” McCulloch told Weber when asked what the public could expect to see in the documents. “But the defense is in favor of it and has agreed to my motion to unseal it, the prosecution has voted against it.”

McCulloch challenged Weber and his audience to draw their own conclusions from these drawn battle lines…

As we reported last week, the South Carolina Supreme Court has agreed to hear Murdaugh's request for a retrial based on alleged jury tampering — which most analysts believe has dramatically improved his chances of a retrial. Assuming Murdaugh's motion fails at the state level, however, the U.S. Fourth Circuit Court of Appeals has consistently upheld a standard for jury tampering that Murdaugh's lawyers appear to have met with wide latitude — meaning he could get a retrial based on a federal court ruling.

During his conversation with Weber, McCulloch said the Supreme Court – which is expected to hear the Murdaugh case before the end of the year – could decide to send the matter back to the trial court “if (the justices) conclude that there are problems with the standard or scope of the investigation.”

In other words, there could be another evidentiary hearing on the jury tampering allegations, “based on the standards set by the court in its decision,” McCulloch hypothesized.

At such a hearing, Juror 785 could be forced to take the stand and tell her story under oath.

“I believe that further investigation was necessary,” McCulloch told Weber. “I firmly believe that juror 785… I believe their information went directly into the question of what kind of communication the clerk had with the jury.”

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ABOUT THE AUTHOR …

Want people is the owner and founding editor of FITSNews. Before starting his own news outlet, he was the press secretary for the Governor of South Carolina, a bass guitarist in an alternative rock band, and a bouncer at a dive bar in Columbia, South Carolina. He lives in the state's Midlands with his wife and eight children.

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