Murdaugh Appeal: The Retrial Nobody's Prepared For

Oral arguments Wednesday. Becky Hill's perjury in the record. The wrong legal standard potentially applied. And a defense team that now has the entire first trial transcript as a roadmap. Criminal defense attorney Bob Motta joins Hidden Killers to explain what both sides are actually facing if the Alex Murdaugh conviction is reversed — and why the practical reality of a retrial may be worse for the prosecution than the appeal itself.

The defense is invoking Remmer v. United States, arguing that once improper contact between a state actor and jurors is established, prejudice is presumed. Justice Toal applied what appears to be a higher standard — requiring the defense to prove a juror actually changed their vote. Motta explains how appellate courts typically treat the application of an incorrect legal standard and whether this distinction is enough to reverse a conviction where the evidence of guilt was strong.

If reversal happens, the defense walks into court knowing everything. Every witness, every exhibit, every decision the prosecution made. Motta explains how much of an advantage that is and what changes in round two. The biggest variable is whether a new judge limits the financial crimes testimony — the prosecution's "gathering storm" motive theory that the defense called a trial within a trial. Without it, this becomes a purely circumstantial murder case with significant forensic gaps.

Harpootlian has publicly stated there is no DNA, no fingerprints, no blood on vehicles, clothes, or in the house. The prosecution had Maggie's DNA on a shotgun receiver and the kennel video placing Murdaugh at the scene after he lied. Motta explains how a defense team with three years of preparation dismantles both.

Then there is the question nobody wants to ask. Murdaugh is serving 27 state and 40 federal on financial crimes. Does the AG's office even retry?

#AlexMurdaugh #MurdaughRetrial #BobMotta #HiddenKillers #BeckyHill #RemmerVUS #KennelVideo #SouthCarolinaSupremeCourt #DickHarpootlian #DefenseAttorney

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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.