Attorneys for Alex Murdaugh argue that prosecutors are attempting to make his upcoming court appearance more of a public display than a routine proceeding.
Murdaugh, the disgraced former Lowcountry attorney, had sought permission to appear without shackles and dressed in civilian clothing during trial and televised pretrial hearings as he awaits a new murder trial in the deaths of his wife, Maggie, and son, Paul.
After prosecutors claimed the request amounted to a bid for special treatment, however, the defense withdrew it, saying they would not spend court time debating the appearance of a status conference.
“If the State wants to use that for a public spectacle, so be it,” Murdaugh’s attorneys wrote. “Mr. Murdaugh will not waste the Court’s time at the upcoming status conference arguing about the optics.”
“Mr. Murdaugh will not waste the Court’s time at the upcoming status conference arguing about the optics.”
Alex Murdaugh was found guilty on all counts in the murders of his wife and son at the Colleton County Courthouse in Walterboro, S.C., on March 2, 2023. (Joshua Boucher/Pool)
South Carolina prosecutors had asked a Colleton County judge to reject the motion, contending that Murdaugh’s notoriety does not justify treatment different from that of other prisoners.
Prosecutors said Murdaugh remains in state custody after financial-crime convictions and is serving a 27-year sentence. He is also serving a concurrent 40-year federal sentence connected to similar offenses.
His murder convictions were reversed in May by the South Carolina Supreme Court, which ordered new proceedings after finding improper interference by the former Colleton County Clerk of Court Rebecca “Becky” Hill.
But the state said the reversal does not change Murdaugh’s status as an inmate or the security concerns surrounding him.
“SCDC’s practice and position here is that any inmate should remain in restraints and in uniform for court appearances,” prosecutors wrote, adding that Murdaugh’s long sentence, the seriousness of the murder charges and his notoriety all heighten security concerns.
Alex Murdaugh, convicted of killing his wife and son in June 2021, greets his defense attorney Jim Griffin before a retrial hearing at the Richland County Judicial Center in Columbia, S.C., on Jan. 16, 2024. (Gavin McIntyre/The Post and Courier via AP)
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The state also pointed to past custody issues, alleging that during the original trial, a family member passed Murdaugh a book through a defense staffer without law enforcement’s knowledge.
Prosecutors said the book was later found in his cell and led to a jail contraband warrant. They also cited two prison disciplinary actions from August 2023, including abuse of privileges and unauthorized use of another inmate’s PIN.
“This case is ultimately about the fact that Defendant thinks he is special. He is not,” prosecutors wrote.
Alex Murdaugh touches the back of his head during a jury-tampering hearing at the Richland County Judicial Center in Columbia, S.C., on Jan. 29, 2024. (Andrew J. Whitaker/The Post And Courier)
Murdaugh’s lawyers fired back, accusing prosecutors of “histrionics” and arguing that the state had failed to show any special need to display him in shackles before potential jurors.
They said Murdaugh has never threatened or attempted escape or violence while in custody and has appeared at numerous hearings and through a six-week trial without disruptive behavior.
The defense also argued that courts recognize the danger of showing defendants in restraints, even outside a jury’s physical presence, when cameras could broadcast the image to future jurors.
To make the point, Murdaugh’s lawyers cited the case against Tyler Robinson, the alleged assassin of Charlie Kirk, saying the judge there ordered cameras repositioned after reports Robinson had been shown in shackles and warned they could be excluded if it happened again.
South Carolina Attorney General Alan Wilson looks over to Alex Murdaugh as prosecutor Creighton Waters makes closing arguments at the Colleton County Courthouse on March 1, 2023. (Joshua Boucher/The State/Pool)
The defense accused prosecutors of relying on rhetoric rather than law, writing that the case is not about whether Murdaugh “thinks” he is special, but whether the state can prove the murder charges against him.
Still, Murdaugh’s lawyers withdrew the motion, saying they did not want to distract from more substantive issues ahead of retrial, including motions involving unknown DNA from the crime scene, access to case materials and a possible venue change.
News Agency has reached out to the prosecutor’s office as well as Murdaugh’s defense team.
