Murdaugh Retrial Is a Whole New Ball Game

Defense, prosecutors debating the death penalty, change of venue, evidence, and juror bias
Posted May 19, 2026 8:54 AM CDT
In Murdaugh Retrial, There's a Lot Back on the Table
Alex Murdaugh arrives in court in Beaufort, SC, Sept. 14, 2023.   (AP Photo/James Pollard, File)

Alex Murdaugh is getting a do-over in court—and just about everything is up for renegotiation. Days after South Carolina's highest court tossed his double-murder convictions over jury tampering by former court clerk Becky Hill, prosecutors and defense lawyers are signaling a very different second act is coming. Attorney General Alan Wilson says his team is weighing the death penalty this time, citing a revived execution system, reports Fox News. Defense lawyer Dick Harpootlian calls that a political play and asks what evidence has changed. Both sides are also eyeing whether to move the trial out of Colleton County, with the defense pushing for a new venue, lawyer-led questioning of jurors, possible sequestration, and an intensive review of potential jurors' social media.

The Supreme Court has said prosecutors can again introduce some of Murdaugh's financial-crimes evidence as motive, but warned against the marathon presentation seen in the first trial in what Harpootlian says was a "character assassination" case. The defense, meanwhile, is pointing to an unidentified male DNA profile found under Maggie Murdaugh's fingernails and accusing investigators of homing in on Murdaugh as a suspect too quickly. Whether Murdaugh testifies again will be a "game day" call, Harpootlian says. His team is also suing Hill in federal court, reports CNN, alleging her "improper" behavior steered jurors toward a guilty verdict to boost her book prospects.

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