Alex Murdaugh defense drops request to appear unshackled at pretrial hearings
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Alex Murdaugh’s lawyers say prosecutors are trying to turn his next court appearance into a spectacle.
The convicted former Lowcountry attorney had asked to appear without handcuffs and in plainclothes at the hearing and televised pretrial hearings as he awaited a new murder trial in the slayings of his wife, Maggie, and son, Paul.
But after prosecutors accused Murdaugh of seeking special treatment, Murdaugh’s defense team withdrew the request, saying they would not waste time in court arguing over “footage” of a status conference.
“If the state wants to use this for a public demonstration, so be it,” the defense wrote. “Mr. Murdaugh will not waste the Court’s time discussing optics at the upcoming status conference.”
“Mr. Murdaugh will not waste the Court’s time discussing optics at the upcoming status conference.”
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Alex Murdaugh was found guilty on all charges of murdering his wife and son on March 2, 2023, at the Colleton County Courthouse in Walterboro, SC. (Joshua Boucher/Pool)
South Carolina prosecutors had urged a Colleton County judge to deny the motion, arguing that Murdaugh’s fame did not give him the right to be treated differently than other inmates.
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Murdaugh remains in state custody for financial crimes and is serving a 27-year prison sentence, prosecutors said. He is also serving a 40-year federal sentence for similar crimes.
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The murder convictions were overturned by the South Carolina Supreme Court in May after finding improper interference by former Colleton County Court Clerk Rebecca “Becky” Hill.
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But the state said the reversal does not change Murdaugh’s status as an inmate or the security concerns surrounding him.
“SCDC’s practice and stance here is that each inmate remains handcuffed and in uniform when appearing in court,” prosecutors wrote, adding that Murdaugh’s lengthy sentence, the severity of the murder charges, and his notoriety all raise safety concerns.
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Alex Murdaugh, who was convicted of murdering his wife and son in June 2021, greets defense attorney Jim Griffin ahead of a retrial on January 16, 2024, at the Richland County Judicial Center in Columbia, South Carolina. (Mail and Courier via Gavin McIntyre/AP)
The state also noted past custody issues, alleging during the first trial that a family member gave Murdaugh a book through a public defender without law enforcement’s knowledge.
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The book was later found in his cell and a jail smuggling warrant was issued, prosecutors said. They also cited two prison disciplinary actions from August 2023, including abuse of privileges and unauthorized use of another inmate’s PIN.
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“This case is ultimately about the Defendant thinking he is special. He is not,” prosecutors wrote.
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Alex Murdaugh touches the back of his head during a jury tampering hearing at the Richland County Judicial Center in Columbia, South Carolina, on January 29, 2024. (Andrew J. Whitaker/Mail and Courier)
Murdaugh’s attorneys countered by accusing prosecutors of being “histronic” and arguing that the state had not demonstrated any special need to display him in chains in front of potential jurors.
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They said Murdaugh never made threats or attempted escape or violence while in custody, and that he attended multiple hearings and a six-week trial without disruptive behavior.
The defense also argued that courts were aware of the danger of showing defendants in handcuffs even outside the physical presence of the jury in cases where cameras could broadcast the image to future jurors.
For clarity, Murdaugh’s attorneys cited the lawsuit against Charlie Kirk’s alleged assassin Tyler Robinson, saying the judge there ordered the cameras repositioned after reports that Robinson was shown in shackles and warned that they could be removed from the case if that happened again.
South Carolina Attorney General Alan Wilson looks at Alex Murdaugh as prosecutor Creighton Waters delivers closing arguments at the Colleton County Courthouse on March 1, 2023. (Joshua Boucher/Government/Pool)
The defense accused prosecutors of relying on rhetoric rather than law, writing that the case was not about whether Murdaugh “thought” he was special, but whether the state could prove murder charges against him.
Still, Murdaugh’s lawyers withdrew the motion, saying they did not want to distract from more important issues ahead of the retrial, including requests involving unknown DNA from the crime scene, access to case materials and a possible change of venue.
Fox News Digital reached out to Murdaugh’s defense team as well as the prosecution.
