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Attorneys for former Palmetto State Bank (PSB) chief executive officer Russell Laffitte have filed a motion requesting a district-wide jury panel for his upcoming federal retrial – which is scheduled to begin on May 5, 2025.
That means Laffitte’s lawyers want his jurors to be drawn from all across South Carolina – as opposed to just the Lowcountry region of the Palmetto State.
Their rationale? Media bias…
Laffitte is getting a new trial because guilty verdicts entered against the disgraced South Carolina banker in November 2022 were vacated last fall by a federal appeals court. According to a panel of the U.S. fourth circuit court of appeals, judge Richard Gergel violated Laffitte’s Sixth Amendment right to an impartial jury via an eleventh hour reshuffling of his original jury.
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This news outlet extensively addressed the Laffitte jury drama in our recap of the verdicts – raising concerns about Gergel’s action at the time. Days after the trial, the court issued a transcript (.pdf) from the chaotic proceedings which only elevated our concerns.
Prior to the verdicts being tossed, the Hampton, S.C. native had been serving his sentence in a federal prison in Florida. He was released from prison following the appeals court ruling and is free on bond as he awaits his retrial.
In addition to his upcoming federal proceedings, Laffitte is slated for prosecution this fall by the state of South Carolina later this year. Prosecutors in the office of S.C. attorney general Alan Wilson are poised to put him on trial in Allendale, S.C. for the the alleged misappropriation of more than a million dollars in bank funds.
Laffitte is accused of conspiring with convicted murderer and confessed fraudster Alex Murdaugh to steal bank funds in order to cover a shortfall produced by an earlier alleged misappropriation involving a trustee for whom Laffitte served as a fiduciary.
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RELATED | RETRIAL SET FOR RUSSELL LAFFITTE
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In its 23-page motion (.pdf) before the federal court, Laffitte’s legal team — which now includes Manning, S.C.-based attorney Shaun Kent — argued a broader, deeper jury pool was essential to ensuring a fair and impartial trial due to extensive pretrial publicity and Laffitte’s deep community ties in the Lowcountry region.
Laffitte’s attorneys asserted that the Beaufort Division — where his case is currently set to be tried — has been saturated with media coverage, making it nearly impossible to select an unbiased jury. The motion points to thousands of news articles, blog posts, and social media discussions, many of which have portrayed Laffitte as an accomplice in Murdaugh’s widespread fraud schemes. His legal team also claims that many in the public mistakenly view Laffitte as a close confidant of Murdaugh, despite evidence suggesting a more limited business relationship.
“Disparities in media attention from area to area highlight the point that jurors who live in (the Lowcountry) were heavily exposed to significantly more coverage and thus may contribute to potential juror bias based on exposure and/or consumption of local media coverage alone,” the motion noted.
Data included in the filing indicated that Charleston and Beaufort counties alone have accounted for the vast majority of coverage – far exceeding that of other areas in South Carolina. By contrast, media attention in the Midlands, Upstate, and PeeDee regions of the state has been significantly lower. Laffitte’s attorneys argued that jurors from these areas would be less influenced by negative press.
“The unprecedented media coverage, coupled with Mr. Laffitte’s deep-rooted connection to the Lowcountry, creates an overwhelming risk of bias in the jury pool,” the motion claimed. “A district-wide jury panel is necessary to safeguard his Sixth Amendment right to a fair trial.”
An internal media analysis of coverage from 2021 to 2025 found that over 13,000 articles and broadcasts on Murdaugh-related cases have been published in the Lowcountry region alone. Contrasting data shows media coverage in the Midlands and Upstate regions was significantly lower.
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In addition to the volume and dispersal of the coverage, Laffitte’s attorneys took umbrage with its tone.
“While certainly a number of mainstream media articles have striven to be fair and balanced in connection with most things Murdaugh, the same cannot be said for all outlets — and it certainly cannot be said for certain bloggers,” the filing alleged.
Two bloggers in particular were accused of being “particularly and incessantly vicious in their comments” about Laffitte – with their “efforts to demonize him persist(ing) to this day.” In fact, the complaint noted these two “self-proclaimed journalists” could be “expected to continue to spew their bilious screed.”
If a district-wide jury panel is not granted, Laffitte’s attorneys have proposed an alternative request — that his trial be relocated entirely to Columbia, Greenville or Florence.
Prosecutors in the office of U.S. attorney Adair Ford Boroughs – who offered overwhelming evidence of Laffitte’s alleged criminal activity during the first trial – have yet to respond to the filing. Laffitte’s legal team has requested a formal hearing on the motion, though, signaling their intention to aggressively pursue a change in jury selection. If a judge grants the motion, it could mark a significant shift in trial proceedings – and has the potential to set a precedent for how high-profile financial crime cases are handled in South Carolina.
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THE MOTION…
(U.S. District Court)
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ABOUT THE AUTHOR …
Jenn Wood is FITSNews’ incomparable research director. She’s also the producer of the FITSFiles and Cheer Incorporated podcasts and leading expert on all things Murdaugh/ South Carolina justice. A former private investigator with a criminal justice degree, evildoers beware, Jenn Wood is far from your average journalist! A deep dive researcher with a passion for truth and a heart for victims, this mom of two is pretty much a superhero in FITSNews country. Did we mention she’s married to a rocket scientist? (Lucky guy!) Got a story idea or a tip for Jenn? Email her at jenn@fitsnews.com.
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