Eric updates us on the details and reality of a potential retrial for Alex Murdaugh. He also discusses new articles regarding Becky Hill and provides and update on the double murder case he is defending.


EB here, Premium Members. What a special time of the year it is. Christmas time, it’s cold out, everybody’s happy, everybody’s giving everybody hugs, people are going away, they’re taking vacations with their family, whether it’s gone out west skiing or gone, where it’s warm, or just being together with family in front of a fire. It’s just really a fun time of the year. You know, everybody’s happy. Nobody’s really at each other’s throats. It’s a great time of the year if you’re playing lawyer, like us where we, you know, you could just settle cases adjusters are kinder defense attorneys want to get cases off their docket and off their plates. And so it’s just really a good time of the year. 

I want everybody to enjoy themselves and spend more time with the family, less time on Twitter and getting wrapped up in all the drama that’s surrounding Alex Murtaugh and there’ll be plenty of time for that after the new year. So we did have a big development this week and that is Chief Justice of our South Carolina Supreme Court Don Beatty, named the former Chief Justice Jean Toal to take over the Murdaugh matters, all matters related to Murdaugh, namely the main motion, which is the motion for a new trial. There’s a lot of people that are encouraged and excited about the former Chief Justice taking over the Murdaugh cases and ultimately we’ll hear the motion for a new trial. I am at this time going to remain neutral. I think she is an amazing jurist. She was certainly a pioneer in our state. She went straight I think from the legislature to being chief justice of our supreme Supreme Court never sat in the intermediate appellate court. She was on the cutting edge of many different decisions. As far as her scholarship goes, I think it’s unparalleled. And even though she’s eight years old at this time, she still is sitting as a senior judge on some very complicated complex asbestos class action matters. And so she she knows her way around the courtroom, even though she was an appellate judge. She knows her way around the trial court, courtroom. My only concern is that one is stamina. You know, this is going to be you know a long slog. So I worry a little bit about her stamina, but, you know, I haven’t seen her in a couple years. And hopefully she’s still spry and ready to roll. There has been some questions about her temperament. You know, she has a tendency to be pretty tight in her courtroom and run a very, very tight ship in her courtroom, which is fine. But she can be a little bit cantankerous and, you know, but that is part of her. It’s her charm. I’ll let everybody who wants to find out about justice told, you know, there’s plenty of news articles out there plenty of things written about her do your research. And, you know, let’s all go in it cautiously optimistic. I’m a little concerned due to her long term relationship with Dick Harpootlian. And he has known her probably for 50 years. And at different times, I assume they’ve been, you know, close personal friends and traveled in the same circles, but I don’t question her judicial wisdom. And so we’ll wait to see how it goes. So I would expect after the first of the year, she’s going to have a status conference. And everybody who has, you know, skin in the game, you know, representing jurors are representing Becky Hill. This the state attorney general, the defense for Alex Murdaugh, all this will be there and she’s going to set the ground rules. I don’t think she’s going to take much input from the attorneys on what should be done. She runs her courtroom. So I fully expect that over the Christmas break, she will have read a lot of things. This is not a judge that ever walks on the bench unprepared. So I fully expect that when we get in her courtroom, she’s going to know exactly what the issues are regarding the juror interference allegations. She would have read the entire briefing that was done by the defense and then by the Attorney General, she would have read all the statements that sled has gathered. And I think she’ll have a pretty good feel on, you know, what, what she wants to do what she wants to see, you know, I think she’ll probably schedule a hearing sometime later in January or February, and there may be some interim procedural hearings that will take place on some testimony that may be taken outside of court or documents that are going to have to be subpoenaed outside of court. I don’t know what she will do. 

But I think, you know, the question is going to be whether she lets cameras in the courtroom? I don’t I don’t know what her her opinion is on that. That’ll be interesting. I do know that her former law partner was Jay Bender, who’s a significant expert in first amendment rights and freedom of the press. So I would think that he will be very vocal about having this to be an open proceeding. And I think it needs to be for not only the state, but for the rest of the country. Depending on what happens. I would fully expect that she would try to preserve what Judge Newman did. In this case. If there wasn’t either a miscarriage of justice or there was an an infection of the proceedings by what Miss Hill is alleged to have done. So it’s going to be a new year with a new judge, you’re going to see that she is completely, completely different than Judge Newman, Judge Newman was a man who’s reserved. When he speaks, he chooses his words carefully. Just this toll is a very activist type of judge in her courtroom. She is animated, she is opinionated. She will comment, and you will know exactly where you stand with former Chief Justice toll. So looking forward to this getting underway.

You know, this whole Becky Hill situation has taken on a life of its own, starting off with the juror allegations, and then her ethics violations and the allegations concerning her son, and him being charged and her phone being confiscated. And certainly, you know, articles that have come out recently. So, you know, it should be something that we want closure to win when we want to know, are we going to have a new trial? Or are we going to preserve the verdict, and then corporately and in Griffin take the case up on appeal? If there’s a new trial? I I would fully be surprised if that trial took place next fall. I think at this point, there are a lot of other defendants that have their charges that need to be disposed of they need a trial or they need a plea of guilty. So there’s been enough focus on Alex, my opinion is if he is to get a new trial, well, let’s make that somewhere down the road, maybe in 2026, 2025 possibly, but certainly don’t push him to the front of the line he doesn’t deserve. Our justice system has had enough of Alex Murdaugh. So that’s, that’s something that took place this week.

I also on a personal note, last week, I talked about that I was retained on a double murder case in Lexington County. We had our arguments last Thursday, and I told you about that in the weekly recap about bail. And it was, you know, questionable whether people who are charged with murder get bail. We had a very robust attendance by a lot of Lexington County citizens on behalf of my client, the lenders, and I’m pleased to announce that my clients were granted bail of $150,000. They had to post 10% for $15,000. They have an ankle bracelet. They’re allowed to work. They are under house arrest. But I’m very happy for my clients that they have the ability to participate in their defense, while they’re out and not while they’re incarcerated that they can continue to work for the community supplying hay and meat to their nearby communities. And that they can be with their family, families over the holidays. I also do recognize and I lament the fact that Kevin Newhouse, who was killed is not going to be with his family. And so this is not a time to high five or congratulate. But it’s just, I believe bail was the right thing to have been done in this circumstances because of the mitigating facts. And the solicitor himself recovered, actually agreed that bail should be appropriate. He made some very favorable comments about my clients. So that’s really what took place this week from, you know, a judicial standpoint, I know that we still have to talk about on true sunlight, and then cup of Justice David Pascoe in front of the judicial merits commission, and some of the issues that he wants to talk about, about lawyer legislatures and, you know, legislatures on the JMC and the impact that they have in picking judges and then appearing before them. David did not get a chance to speak this week. And so that was something that I wanted to hear him speak. I know, he gave up, I think, a press conference afterwards. I know that Becky Hill, there was a bunch of emails published today by one of the news agencies. So that’s interesting going to see what these emails say there were hundreds of emails that were published, I get the I guess they got them from a FOIA because she was utilizing them on her work email address.

But really, I want to spend a lot of time with my family over the next week. And just enjoy some of the downtime. After the first of the year. It’s just gangbusters every year. This year, we’re not going to go away. Christmas to New Year’s, we’re going to go away from New Year’s to January 7 to Colorado and ski like we do every year. So pray for snow. And I’m looking forward to next Friday. See and Mandy and David and all the Premium members who want to come we’re having an event in Hilton Head, I think it’s gonna be at seven o’clock at night. I think David will tweet it out on let everybody know but if you’re within an hour or two, we would love to see you and just share a drink and bring in the new year together. You know, this has been a journey that we’ve all been on together and I feel very close with all of you and any chance I can get to meet you and talk with you and hug you and mingle with you. I do take advantage of that so everybody have a great Christmas this is our last weekly update until next year. I appreciate you listening to me and keep up the good work. Just on a personal note, my EB bobbleheads are finally finished and they’re out. They’re out for sale. All the proceeds again go to charity. It’s pretty cool. It’s got my bolts, your pin on the on the lapel and my watch and my trademark white soled shoes. So if you want to get somebody a cool gift for the stocking, I would greatly appreciate it money goes to charity really worthy causes. So with that said EB out. 

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