Afternoon in
#AlexMurdaugh hearing, defense bid for new trial.
Defense asks the judge to allow them to put on witnesses before the state since this is their motion and they have the burden of proof.
Toal: The pretrial was the time to figure out what we're doing today. She says today is "pretty late in time" to talk about order of witnesses/or any witnesses. She also says Becky Hill is a witness that both sides need.
Toal says she wait to see what Becky Hill has to say and then decide if there is a need for any other witnesses.
NEW: Attorney representing juror Z (the main juror in this hearing) wants to "enhance" her affidavit.
Here's Becky Hill
At any time did you interact with any juror in an attempt to influence their view of the facts in the state v. Murdaugh case?
Becky Hill: No
WATCH: Clerk of court Becky Hill denies all allegations that she attempted to influence the jury and denies the specific allegations.
Miss Becky testifies she directed comments to the bailiff about
#AlexMurdaugh about to testify and that there could have been jurors in earshot. About telling jurors to pay attention, body language, etc.. She denies that but says she would always check on jurors if they needed coffee, etc.. and she said "Pay attention, it's a big day today.”
Under cross-exam Becky denies taking a juror home.
Harpootlian: Did you text, email or communicate on the morning before final arguments were completed to people that if they wanted to see the trial they should come, because the jury probably wouldn't be out very long? Hill: I do remember saying that, yes. Harpootlian: Why did you think they wouldn't be out long? Did you communicate with jurors? Hill: I had not communicated with jurors about anything related to this trial, at all.
Harpootlian: How much money did you make off the book? Becky: Around $100K (with her co-author)
Becky Hill testifies she stopped selling her book because she admits to plagiarism.
Justice Toal asking her own questions of Becky Hill about "egg" juror.
Toal quizzing Hill about the hearing Judge Newman had about "egg lady". That juror told Newman that Hill had asked the juror about a post her ex-husband allegedly made on FB. Hill says she doesn't remember saying anything like that to the juror. (Newman was angry at Hill during that hearing)
Hill says all she knows is it wasn't her that talked to the juror about the FB post.
Hill says on the way escorting 'egg lady' from the jury room to Judge Newman's chambers the juror was very "chatty" and was talking about 3 restraining orders she had against her ex.
Sounds like Toal isn't fully believing Becky Hill about "egg lady"
Toal to Hill: Don't just nod, answer the question (almost with an explanation point)
Toal: The judge said he was not too happy with you talking to the juror, do you recall that? Hill: Yes Toal: And did you pop up and say what you're saying now? Hill: I wasn't in the room when he said that.
Toal now asking Hill about photos of the deceased victims. The judge had them under seal and they were "under your control". Then the photos made them into the public. Hill says she thinks someone in the gallery took photos of the the photo of the bodies with their phone.
Toal asks Hill if she ever gave Netflix or other media access to the photos of the deceased victims. She said she did not.
BTW, what I remember about the leaked autopsy photo is it was likely a screenshot from one of the live streams when the pool camera inadvertently captured the autopsy photo that was displayed on the prosecutor's monitor.
NEW: Justice Toal WILL allow Barnwell County clerk of court to testify. This is the witness that will allegedly say that Becky Hill did or told her she did give a ride to a juror.
Toal made the decision to allow the defense to call the other clerk "In light of some of the answers..." Becky Hill gave.
Also, when questioned about sealed exhibits going to media/Netflix, Becky Hill said that was a mistake and said something about the court reporter not marking them properly in the transcript (sorry, didn't catch verbatim).
Harpootlian says "egg lady" juror is across the street right now if Justice Toal wants to hear from her. Toal says her affidavit and Hill's testimony about the incident are enough. Break until 3:15pm.
Court back in session.
NOW: Barnwell county Clerk of Court Rhonda McElveen on the stand.
McElveen is a friend of Becky Hill.
McElveen says her and Hill discussed writing a book about
#AlexMurdaugh trial, "because she needed a lake house and I needed to retire." (She's been funny/bit sarcastic during testimony)
McElveen testified that Becky Hill said to her a guilty verdict would be better to sell books.
McElveen said she arrived in court one morning and was told that Becky Hill had taken a juror home the night before. She saw Becky and said, "Please tell me you didn't take a juror home." Becky told her she did but she didn't talk about the case......
Here is McElveen saying Becky Hill admitted to her to giving a juror a ride home.
Under cross-exam, McElveen says there wasn't ever anything that happened where she thought she should report it to Judge Newman.
NOW: Defense calls alternate juror #741.
Juror 741 signed an affidavit this morning. In her affidavit she said before the defense began their case, Becky Hill told jurors "The defense is about to do their side. They are going to say things that will try to confuse you. Don't let them confuse you or convince you or throw you off. “
Juror 741 also says that Becky Hill told jurors not to be afraid to show emotion because "That's what they want to see."
Note: Because I know this is confusing. Juror 741 is not "egg lady".
Justice Toal not having it! "Mr. Meadows are you lecturing the witness or me?" Also, she tells him he doesn't need to walk all over the court. (This is his style)
https://twitter.com/cathyrusson/status/1752076346682163204
Closing arguments just concluded. Justice Toal will take a break until 4:55pm.
Because Justice Toal isn't taking this under advisement and she's only taking a 15 minute break before ruling.............I'm assuming her mind is made up about
#AlexMurdaugh getting a new trial.
HERE WE GO
Justice Toal comments on how unusual this is in all her time on the bench
BREAKING: New trial DENIED for convicted murderer Alex Murdaugh.
Justice Toal: I believe the trial judge (her in this case) should rule on this quickly so it can get back to the appeals court, which has been paused, for them to do the lengthy reviews they do.
@cathyrusson
