‘We Strongly Disagree’: South Carolina Prosecutors Respond To Murdaugh Reversal

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by JENN WOOD

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Just hours after the South Carolina supreme court unanimously – and emphatically – overturned Alex Murdaugh‘s murder convictions, attorney general Alan Wilson and state grand jury chief Creighton Waters defended the prosecution team’s handling of the case and made it abundantly clear they intend to retry Murdaugh for the July 2021 murders of his wife and son.

They indicated that retrial would come sooner rather than later, too.

Standing before reporters in the grand jury room in Columbia, S.C., Wilson noted that the state’s highest court had placed the blame for the reversals squarely on former Colleton County clerk of court Rebecca “Becky” Hill for improperly influencing jurors during the six-week murder trial in early 2023.

But he also noted he fundamentally disagreed with the court’s conclusion that Hill’s conduct warranted reversal.

“While we strongly disagree with the supreme court, we respect this decision, because that’s how the process is supposed to be played out,” Wilson said.

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Wilson reiterated the position his office has maintained for months — that Hill’s conduct, while “inappropriate,” ultimately amounted to harmless error that did not prejudice Murdaugh’s constitutional right to a fair trial.

“The supreme court obviously disagreed in its conclusion,” Wilson said.

Even so, Wilson confirmed his office intends to move forward aggressively with a retrial – although he laid out the options available on appeal.

“As of right now, the state has fifteen days to ask the state supreme court to reconsider its decision,” Wilson noted. “We have ninety days to appeal to the US Supreme Court.”

“However, it is currently my intention to seek a speedy retrial in the case against Alec Murdaugh,” he noted.

In fact, according to Wilson, prosecutors hope to retry the case before the end of the calendar year.

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‘THE STATE OF SOUTH CAROLINA DID ITS JOB’

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Throughout the press conference, Wilson repeatedly defended the work of the prosecutors, investigators and law enforcement agencies involved in the original prosecution.

“The supreme court even said that in its order that the state of South Carolina did its job right,” Wilson said.

Instead, Wilson argued the justices “place this squarely on the shoulders of the former Colleton county clerk of court.”

Wilson also pushed back sharply on political criticism emerging in the aftermath of the ruling — particularly from his rivals in South Carolina’s gubernatorial race.

“People who have never actually been a prosecutor, been in law enforcement, stepped foot in the court of law, held the hand of a victim as they got a jury sentence read … they can take all the political haymakers they want,” Wilson said. “But at the end of the day, people were murdered.”

Wilson repeatedly framed the retrial decision as a matter of justice for Maggie Murdaugh and Paul Murdaugh’s surviving family members.

“When victims are murdered … their family members who they left behind have a right for those who want to seek justice to see justice meted out,” Wilson said.

Wilson also emphasized that Murdaugh remains imprisoned regardless of the reversal because of his state and federal financial crime convictions.

“Alex Murdaugh will not be getting out of prison for several decades,” he said.

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RELATED | ‘FINGERS ON THE SCALES OF JUSTICE’

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‘YOU DUST YOURSELF OFF’

One of the most closely watched moments of the press conference came when reporters asked Waters about the supreme court’s criticism of the scope of financial crimes evidence introduced during the original trial.

Prosecutors were allowed to introduce significant evidence tied to Murdaugh’s financial crimes as part of their theory of motive, noting that a “gathering storm” of fear over being exposed as a thief led him to savagely slay his wife and younger son.

In Wednesday’s opinion, the justices unanimously concluded prosecutors were permitted to go “far too long and far too deep” into aspects of Murdaugh’s financial misconduct that were not sufficiently probative of motive.

Waters defended the strategy, arguing prosecutors had fully disclosed their theory of the case before trial and successfully persuaded judge Clifton Newman to admit the evidence.

“We filed multiple pre trial briefs,” Waters said. “We laid out our theory of the case. We put all that evidence on the table, and ultimately, Judge Newman heard it all and agreed that it was permissible.”

Waters acknowledged the supreme court provided prosecutors with “some guidance” about the extent of the evidence that should be admitted in a retrial. But he also suggested the criticism reflected normal appellate review rather than prosecutorial misconduct.

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“You don’t hit a home run if you’re afraid to strike out,” Waters said. “And so as a prosecutor, you have to deal with double jeopardy.”

Waters repeatedly emphasized that the supreme court still agreed the financial crimes evidence was legally admissible in some form.

“The Supreme Court multiple times in the order said that this was viable evidence of motive,” Waters noted.

Waters also addressed the awkward position prosecutors found themselves in during the appeal process — defending the verdict while simultaneously confronting the allegations against Hill.

“We thought that Justice Toal got it right,” Waters said, referring to the January 2024 evidentiary hearing where former chief justice Jean Toal denied Murdaugh’s motion for a new trial. “Ultimately there was no effect on this verdict after six weeks of trial and all the evidence that was presented.”

Still, Waters acknowledged the supreme court ultimately “hung its hat” on Hill’s conduct.

“That’s part of the process,” he said. “You dust yourself off, you get back up, you take a fresh look at it, and then you go do your job, and that’s what we plan to do.”

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RELATED | ALEX MURDAUGH’S MURDER CONVICTIONS STRUCK DOWN

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WHAT HAPPENS NEXT

Although Wilson indicated his “current intention” is to retry Murdaugh, prosecutors are still evaluating whether to seek reconsideration from the South Carolina supreme court – or potentially pursue an appeal to the U.S. supreme court.

At the same time, prosecutors appear to be preparing as though a retrial is inevitable.

Wilson indicated he expects the case to remain in Colleton County despite Hill’s misconduct because “the clerk of court has been convicted of misconduct, (and) is no longer the clerk of court.”

As for timing, prosecutors appear eager to move quickly.

“Our hope is to get this case retried by the end of the year,” Wilson said.

Whether that timeline proves realistic remains unclear.

But after Wednesday’s historic ruling, South Carolina’s most infamous criminal prosecution appears headed toward another nationally watched courtroom battle.

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ABOUT THE AUTHOR …

As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.

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