Murdaugh Defense Targets 2021 Kennel Video in New Murder Trial

Q: After his conviction was reversed, why is the state now seeking the death penalty for Alex Murdaugh in his retrial?

South Carolina is considering the death penalty now because, after the state Supreme Court reversed Alex Murdaugh’s conviction and ordered a new trial, prosecutors say the case is legally “back to square one,” allowing them to reassess all charging and sentencing options. Attorney General Alan Wilson has said “all our legal options are on the table, including the death penalty.” His office has pointed to changed legal and practical circumstances in South Carolina since Murdaugh’s first trial. When prosecutors tried the case in 2023, the state had not carried out an execution in more than a decade, making a capital prosecution less practical. Since then, that landscape has changed, so prosecutors say death is now a viable option in a way it was not before. That does not mean the state has already secured the right to pursue it without challenge. Murdaugh’s lawyers argue that seeking a harsher punishment after he successfully appealed could amount to vindictive prosecution, which courts generally prohibit unless the state can show objective, non-retaliatory reasons for the change, such as changed circumstances rather than punishment for exercising appeal rights. So the state’s rationale is that the reversal reset the case procedurally and that South Carolina’s death-penalty system is now more workable than it was at the time of the original trial. Whether that position survives defense challenges will likely be decided before or during the retrial.

3 articles · Updated · Fox News · Jun 17

Dick Harpootlian said Alex Murdaugh’s team has a strategy to counter the kennel video that prosecutors used to place him near his wife and son minutes before their June 2021 killings.
The cellphone clip, recorded by Paul Murdaugh, was a pivotal exhibit at the 2023 trial because prosecutors said it undercut Murdaugh’s alibi and tied him to the Colleton County kennels.
Harpootlian would not detail the plan, but said a second trial could be shorter if evidence tied to Murdaugh’s financial crimes is limited or excluded, and said any decision on Murdaugh testifying again will be a 'game-day' call.
The defense also plans to seek a venue change and attack the state investigation, arguing mishandled DNA, fingerprint and other evidence could make it harder for prosecutors to prove guilt beyond a reasonable doubt.
Murdaugh is serving life after his 2023 murder conviction, but South Carolina’s Supreme Court granted a new trial after finding former clerk Becky Hill improperly communicated with jurors.