Alex Murdaugh: Why the AG's Office May Not Retry Even If the Conviction Falls

The South Carolina Supreme Court hears oral arguments Wednesday on Alex Murdaugh's appeal — and criminal defense attorney Bob Motta says the question nobody wants to ask is whether the state even retries this case if the conviction is reversed. On True Crime Today, Motta walks through the legal reality facing both sides and explains why a retrial may be worse for the prosecution than the appeal.

Becky Hill's perjury conviction is in the appellate record. Three jurors corroborated the tampering allegations. The state investigated, interviewed all jurors, and chose not to charge Hill with jury tampering. Motta reads that prosecutorial decision as a signal about how confident the state actually is in this verdict's integrity.

The defense argues Justice Toal applied the wrong legal standard — requiring proof a juror changed their vote instead of applying the Remmer presumption of prejudice. Motta explains why appellate courts often treat the wrong standard as reversible error regardless of the strength of the underlying evidence.

If reversal happens, the defense has every advantage. The full transcript is their roadmap. They know every witness and every prosecutorial strategy. The prosecution faces potential exclusion of the financial crimes testimony that formed their entire motive theory. Without it, this is a purely circumstantial case with forensic gaps — no DNA, no fingerprints, no blood linking Murdaugh to the killings.

Murdaugh is already serving 27 years state and 40 federal for financial crimes. He is not walking out regardless. Motta explains the calculus: does the AG retry a case where the defendant is already locked up for life, a second trial risks new problems, and the original conviction is already stained?

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.