'AUTOMATIC MISTRIAL': Criminal defense attorney reacts to Murdaugh shocker

Added: 2026-05-17

[00:00:04]>> Carley: BIG NEWS YESTERDAY, ALEX MURDAUGH WILL GET A NEW TRIAL AFTER HIS DOUBLE MURDER CONVICTION WAS OVERTURNED.

[00:00:13]STATE PLANNING TO IMMEDIATELY RETRY THE SOUTH CAROLINA LAWYER IN THE DEATH OF HIS WIFE AND SON SEEN IN THE MIDDLE OF THIS FAMILY PHOTO.

[00:00:21]>> Todd: NOBODY KNOWS THIS CASE LIKE CHANLEY PAINTER, SHE WAS IN THE COURTROOM AND KNOWS DETAIL.

[00:00:28]WHAT HAPPENED YESTERDAY?

[00:00:30]>> Chanley: SOUTH CAROLINA SUPREME COURT OVERTURNING ALEX MURDAUGH CONVICTION AND ORDERING NEW TRIAL FOR THE 57 YEAR OLD WRITING THIS.

[00:00:39]CLERK OF COURT REBECCA HILL PLACED HER FINGERS ON THE SCALE OF JUSTICES DENYING MURDAUGH RIGHT TO FAIR TRIAL.

[00:00:51]MURDAUGH ARGUE HE WAS DENIED FAIR TRIAL BY IMPARTIAL JURY FROM FROM OUTSIDE INFLUENCE AND WE AGREE WITH MURDAUGH.

[00:01:00]FIVE JUSTICES SAID BECKY HILL MADE INAPPROPRIATE COMMENT TO THE JURY ABOUT MURDAUGH CREDIBILITY, LETTING HER DESIRE FOR PUBLIC ATTENTION OVERRIDE HER OATH OF OFFICE.

[00:01:15]SHE PLANNED TO WRITE A BOOK ABOUT THE CASE.

[00:01:18]HERE IS HOW ONE JUROR DESCRIBED TO MARTHA MacCALLUM.

[00:01:21]>> SHE CAME IN, LIKE I SAID, IT IS GOING TO BE EPIC AND SHE WENT ON TO SAY HOW WE WERE ALL GOING TO BE FAMOUS AND THIS IS JUST THE TRIAL OF THE CENTURY.

[00:01:34]I WAS LIKE, DID SHE JUST SAY THAT?

[00:01:38]>> BECKY HILL LATER RESIGNED AND PLEADED GUILTY TO MISCONDUCT RELATED CHARGES CONNECTED TO THE CASE.

[00:01:48]MURDAUGH WILL GET A SECOND CHANCE TO FACE A JURY FOR THE DEATH OF HIS WIFE AND SON.

[00:01:54]IT WILL AGGRESSIVELY SEEK TO RETRY THE CASE, NOTING THIS DOES NOT MEAN MURDAUGH WILL BE RELEASED, HE IS SERVING 40-YEAR SENTENCE FOR SEPARATE CRIMES.

[00:02:07]>> Todd: COURT SAID BECKY HILL'S COMMENTS WERE BREATHTAKING, DISGRACEFUL AND HARMFUL TO JUSTICE.

[00:02:18]>> Carley: WHAT A SDRAKSZ TO HORRIFIC MURDER OF TWO INDIVIDUALS.

[00:02:23]>> Todd: THANK YOU.

[00:02:24]HERE TO REACT DEFENSE ATTORNEY DAVID GELMAN.

[00:02:29]THIS FEELS WRONG, THIS DOES NOT FEEL RIGHT.

[00:02:33]FROM THE LEGAL PERSPECTIVE, WAS THERE ANY OTHER OUTCOME?

[00:02:37]>> NO, NOT IN THIS LIFETIME, TODD.

[00:02:42]IF GIANTS WERE GETTING TIPS FROM THE REFEREES PLAYING THE EAGLES.

[00:02:53]A CLERK SHOULD NEVER EVER TALK TO THE JURY, BY INFLUENCING JURY, IT IS AUTOMATIC MISTRIAL AND I'M SURPRISED THAT THE TRIAL JUDGE, FIRST JUDGE IN THIS CASE IS ONE WHO DID NOT DECLARE A MES TRIAL WHEN HE HEARD ABOUT THIS.

[00:03:08]THAT IS THE OUTSTANDING MATTER TO ME.

[00:03:11]>> Todd: REALLY GOOD POINT.

[00:03:12]THE QUESTION BECOMES WHAT HAPPENS NOW, DAVID?

[00:03:17]>> GREAT QUESTION.

[00:03:17]ATTORNEY GENERAL SAID THEY WILL TRY THIS CASE AND TRY IT QUICKLY.

[00:03:21]I THINK IT MIGHT BE TOO OPTIMISTIC, THEY STILL DO HAVE APPEAL OPTIONS.

[00:03:27]THEY CAN ASK SUPREME COURT TO RECONSIDER, I DON'T THINK THAT WILL HAPPEN.

[00:03:31]THEY CAN ALSO ASK UNITED STATES SUPREME COURT TO INTERFERE.

[00:03:35]I DON'T THINK THAT IS GOING TO HAM EITHER.

[00:03:38]I THINK THIS WILL GO TO RETRIAL UNLESS THEY CAN GET A PLEA DEAL FROM MURDAUGH.

[00:03:45]WHY WOULD MURDAUGH WANT TO DO THAT?

[00:03:47]HE IS SPENDING 40 YEARS IN PRISON ON FEDERAL CHARGES AND HAS NOTHING TO LOSE.

[00:03:53]HE WILL SPEND LIFE IN PRISON FOR MOST PART.

[00:03:57]>> Todd: WHY GO THROUGH EFFORT OF ANOTHER TRIAL IF THIS GUY WILL BE IN JAIL FOR DECADES, POTENTIALLY FOR THE REST OF HIS LIFE?

[00:04:07]WHAT IS PUBLIC POLICY BEHIND TRYING THIS CASE AGAIN?

[00:04:12]>> GREAT QUESTION, THINK ABOUT IT, IF YOU HAVE A MISTRIAL, DO YOU JUST THROW THIS CASE AWAY?

[00:04:18]YOU HAVE TWO INNOCENT PEOPLE KILLED ALLEGEDLY FROM THIS INDIVIDUAL.

[00:04:23]THE CASE WAS VERY, VERY STRONG.

[00:04:25]I THINK THERE WOULD HAVE BEEN A GUILTY PLEA IF THIS CLERK DID NOT PUT HER NOSE IN THE BUSINESS.

[00:04:33]I DON'T THINK THEY HAVE A CHOICE, THEY HAVE TO GO FORWARD, FOR PUBLIC POLICY REASON.

[00:04:39]YOU HAVE TWO INNOCENT PEOPLE KILLED, YOU HAVE TO DO IT.

[00:04:42]>> Todd: PEOPLE MAY BE WATCHING AND THINKING WHAT ABOUT DOUBLE JEOPARDY, I SAW THAT IN A MOVIE ONCE, WHY DOES DOUBLE JEP NEE NOT APPLY HERE?

[00:04:52]IS >> DOUBLE JEOPARDY WOULD APPLY IF HE WAS CHARGED IN ANOTHER STATE OR ANOTHER TIME.

[00:05:00]BECAUSE THIS IS A MISTRIAL, MISTRIALS DO NOT APPLY TO DOUBLE JEOPARDY.

[00:05:05]IF YOU -- ALMOST HAVE TO LOOK LIKE THE STATE AND THE DEFENSE KNOW THE PLAYBOOK OF EACH OTHER, THEY ARE ON EQUAL GROUND ABOUT IT.

[00:05:16]THERE IS NOT A DOUBLE JEOPARDY QUESTION HERE AT ALL.

[00:05:19]>> Todd: DAVID GELMAN, APPRECIATE T