CNN
By Eric Levenson, CNN
(CNN) — The South Carolina Supreme Court’s decision to overturn Alex Murdaugh’s murder convictions Wednesday primarily focused on how a county clerk’s improper comments to the jury violated his right to a fair trial.
But the court’s 29-page ruling also offered “guidance” for prosecutors, advising them to reel in their use of Murdaugh’s financial crimes in a murder retrial.
That’s just one way a second trial could be different than the now-vacated 2023 trial. The retrial is likely to have less focus on financial evidence, a lack of surprise evidence or testimony, and may prove a challenge in finding impartial jurors, legal experts told CNN.
“If there’s a retrial, the whole case has to start again,” said Jessica Roth, a former prosecutor and professor at Cardozo School of Law in New York. “It’s a new trial from start to finish.”
Murdaugh’s attorneys said on NBC’s “Today” the defense has the advantage in a retrial.
“In a retrial, the statistics are in favor of the defendant because you have a lot more recorded testimony of witnesses,” attorney Jim Griffin said Thursday. “You get to impeach them with inconsistencies. It will be a totally different trial, I promise you.”
South Carolina Attorney General Alan Wilson said his office plans to retry Murdaugh on the murder charges “as soon as possible.” Prosecutors still have a window to ask the state Supreme Court to reconsider its decision or to appeal to the US Supreme Court, but lead prosecutor Creighton Waters said he expected a retrial ahead.
“I’m thinking right now what’s gonna happen is we’re gonna tee this thing up and do it again,” Waters told CNN’s Laura Coates.
The state Supreme Court’s ruling was the latest twist in the sprawling Murdaugh saga that has riveted the public and spawned true crime documentaries, podcasts and best-selling books.
Murdaugh, a prominent attorney from a South Carolina Lowcountry legal dynasty, was convicted by a jury of the murders of his wife, Maggie, and 22-year-old son, Paul, in March 2023. Those convictions are no longer.
He remains in prison on dozens of financial crimes, serving concurrent state and federal sentences of 27 and 40 years.
The murder trial was the capstone to a remarkable fall from grace for the personal injury lawyer, whose father, grandfather and great-grandfather served as the local prosecutor consecutively from 1920 to 2006.
Murdaugh was a partner at a powerful law firm with his name on it. But that prominence belied underlying issues, and the killings of his wife and son were followed by accusa