Alex Murdaugh returns to court as defense argues for retrial move after clerk scandal poisoned jury pool

Alex Murdaugh’s murder case is headed back to court Monday morning in the shadow of the clerk of court scandal that unraveled his convictions and gave one of America’s most notorious defendants a shot at a second trial.

Murdaugh, the disgraced former South Carolina attorney convicted in the 2021 murders of his wife and son before his convictions were overturned, is expected to appear at a 10 a.m. status and scheduling hearing in Lexington County, South Carolina.

It will mark Murdaugh’s first court appearance related to his potential retrial since he was sentenced in his sweeping financial crimes cases in March 2023.

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Alex Murdaugh is taken to the Colleton County Courthouse for sentencing on March 3, 2023. (Joshua Boucher/Pool/The State/Tribune News Service via Getty Images)

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The hearing is not expected to dive into the grisly murders of his wife, Maggie, 52, and their younger son, Paul, 22, who were found shot to death near the dog kennels at the family’s hunting estate, known as Moselle, in June 2021.

Instead, the proceeding is expected to focus on scheduling, discovery and other procedural matters as prosecutors and defense attorneys begin mapping out what could become Murdaugh’s second murder trial.

Alex Murdaugh is cross examined by prosecutor Creighton Waters after taking the stand in his trial for murder at the Colleton County Courthouse on Friday, February 24, 2023.  (Joshua Boucher/The State/Pool)

But criminal defense attorney and Fox News contributor Donna Rotunno told Fox News Digital that even a procedural hearing could reveal the first major fault lines in the next phase of the case: where the trial will be held and how fast the state can bring Murdaugh back before a jury.

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"I think the main thing we’re going to learn is whether or not there’s going to be a change in venue and what the trial dates are looking like," Rotunno said.

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Murdaugh’s defense team has pushed for a venue change out of the circuit, arguing that the legal circus surrounding the case and the misconduct allegations tied to the original trial make it impossible for him to get a fair retrial.

Venue changes are typically a steep climb, Rotunno said, because courts often find that wall-to-wall publicity follows a notorious defendant no matter where the case is moved.

From left to right, Buster, Maggie, Paul and Alex Murdaugh in an undated photo. (Facebook)

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"A change of venue is always a difficult task because the court’s position is, no matter where you live, you know about this," she said. "You can read about it. You can watch these trials when they’re televised. So a lot of times courts will say it doesn’t matter if we change the venue."

Dick Harpootlian represented Alex Murdaugh during his 2023 double murder trial. (Tracy Glantz/The State/Tribune News Service)

But Murdaugh’s case, she said, is different.

His murder convictions were overturned after the South Carolina Supreme Court found improper comments by former Colleton County Clerk of Court Rebecca "Becky" Hill, whose conduct became the basis for Murdaugh’s bid for a new trial.

"I think in this situation, it’s a little bit different, given the fact that you had a clerk in that county basically cause the whole reason we’re having a new trial," Rotunno said. "So I do think, given the appearance of impropriety here, it would probably behoove the court to make the decision for the change of venue."

Alex Murdaugh, right, is shown here with his family. (Fox News)

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Rotunno said keeping the case in the same county could create problems down the line if Murdaugh were convicted again.

"I think if you’re looking at the thought of appeals down the line, if he were to lose in that same county, you may open yourself up to more scrutiny," she said.

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Murdaugh, once a powerful Lowcountry lawyer from a prominent legal dynasty, was convicted in March 2023 of gunning down Maggie and Paul. Prosecutors argued at trial that Murdaugh killed them to gain sympathy and distract from a collapsing web of financial crimes, stolen client money and lies.

The case was thrown back into turmoil after allegations surfaced that Hill made improper comments to jurors during the trial. Murdaugh’s defense argued she tampered with the jury to secure a guilty verdict and boost publicity for a book.

Alex Murdaugh sits at the defense table during a judicial hearing at the Richland County Judicial Center in Columbia, S.C., Monday, Jan. 29, 2024. (Tracy Glantz/The State via AP, Pool)

The court found that Hill was drawn by the "siren call of celebrity" and allowed public attention to overcome her duty. Hill co-authored a book about the proceedings, "Behind the Doors of Justice: The Murdaugh Murders," which the lawsuit says earned roughly $100,000 before being withdrawn amid plagiarism allegations.

In December 2025 Hill pleaded guilty to four charges: obstruction of justice and perjury for showing a reporter photographs that were sealed court exhibits and then lying about it, plus two counts of misconduct in office for taking bonuses and promoting a book she wrote on the trial through her public office.

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The state has maintained that Murdaugh received a fair trial, but the South Carolina Supreme Court reversed the murder and weapons convictions and remanded the case for new proceedings.

South Carolina Attorney General Alan Wilson has indicated he hopes to try the case by the end of the year, previously telling Fox News Digital that he plans to try it "as quickly and expeditiously as possible."

"Look, I'm being aspirational when I say this, but we would like to try to get this case up before January 2027. That would be our goal," he said.

"I think that might be a little overzealous," Rottuno said.

She said the timeline will ultimately depend on the judge and whether Murdaugh’s defense team says it can be ready.

"I know that they’re definitely exploring a lot of new defense options here, so they may want a little bit more time than that," Rotunno said. "End of the year is only six months away, and you’re talking about holidays. I don’t see that."

Murdaugh’s attorneys have already previewed some of the issues they want to raise before any retrial, including a motion to test unknown male DNA reportedly found under Maggie’s fingernails.

Prosecutor Creighton Waters, left, and defense attorney Dick Harpootlian stand during the Alex Murdaugh jury-tampering hearing at the Richland County Judicial Center, Monday, Jan. 29, 2024, in Columbia, S.C. (Andrew J. Whitaker/The Post And Courier via AP, Pool)

His defense team also filed a motion to have Murdaugh remain unshackled, but withdrew the motion after prosecutors fired back that the disgraced lawyer "thinks he’s special."

"Murdaugh is not just a pre-trial detainee; he is an inmate serving a very long sentence," the state wrote.

Prosecutors also argued that Murdaugh should not receive different treatment "simply because the crimes he allegedly committed have received media attention."

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His attorneys fired back that the state’s opposition was "without merit," accused prosecutors of "histrionics" and argued that televised pretrial proceedings could still prejudice prospective jurors if Murdaugh is displayed in shackles.

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The defense later withdrew the motion, saying Murdaugh did not want to create a distraction before the status conference and wanted the court to focus on issues more central to his defense.

"If the State wants to use that for a public spectacle, so be it," the defense wrote. "Mr. Murdaugh will not waste the Court’s time at the upcoming status conference arguing about the optics."

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