New Text Messages Fuel Alex Murdaugh's Push For New Trial

Newly uncovered matter messages betwixt disgraced erstwhile lawyer Alex Murdaugh and his alleged supplier trader could person dramatically altered nan defense’s proceedings strategy and perchance prevented a conviction, according to lead defense lawyer Dick Harpootlian.

Harpootlian, a seasoned South Carolina defense lawyer and erstwhile authorities senator, told Fox News Digital that nan texts betwixt Murdaugh and Curtis "Eddie" Smith, revealed precocious by FITSNews, were not provided to nan defense during nan trial. Their absence, he said, whitethorn person contributed to a cardinal determination not to telephone Smith to nan stand.

"One of nan large decisions successful immoderate proceedings for illustration this is who you telephone arsenic witnesses," Harpootlian explained. "We were not alert of these texts. Had we been, it whitethorn person made a quality successful our decision. These messages connection caller penetration into nan timeline of supplier distributions, immoderate of them happening nan very week of nan murders."

Alex Murdaugh sits successful nan Colleton County Courthouse pinch his ineligible squad including Dick Harpootlian, middle, and Jim Griffin, right, arsenic his attorneys talk motions successful beforehand of Judge Clifton Newman successful a December 2022 hearing. (Tracy Glantz/The State/Tribune News Service)

BUSTER MURDAUGH SCORES LEGAL WIN IN DEFAMATION FIGHT OVER DOCUMENTARY’S MURDER IMPLICATIONS: FORMER STATE AG

Smith, alleged to person been Murdaugh’s superior supplier supplier, has not been prosecuted, contempt what Harpootlian described arsenic grounds suggesting he whitethorn person been 1 of nan largest OxyContin distributors successful nan Palmetto state. 

"Everybody other who was indicted pleaded blameworthy — isolated from Eddie Smith," he said.

The matter messages show that Smith and Murdaugh conversed successful nan days starring up to Murdaugh's execution of his woman Maggie and his youngest son, Paul, connected June 7, 2021, connected their family's hunting property successful Colleton County, South Carolina. 

"Hey Brother one request to travel get nan chech (sic) you sewage 1 pinch you aliases are you going to beryllium astir later," Smith texted Murdaugh connected June 3, 4 days earlier nan slayings. 

Murdaugh replied that he would beryllium backmost that day and that he "had to woody pinch immoderate bulls**t this morning."

Convicted murderer Alex Murdaugh speaks pinch his defense attorney, Dick Harpootlian, Friday, Nov. 17, 2023, successful Beaufort, South Carolina. (James Pollard/ AP Photo)

MURDAUGH COURT CLERK BECKY HILL RELEASED ON BOND AFTER ARREST ON PERJURY, MISCONDUCT CHARGES

"Ok Brother conscionable springiness maine a holler," Smith texted, later adding, "Leaving nan location now."

The time earlier nan murders, Murdaugh texted Smith, "Call maine back."

Within a span of 2 minutes nan greeting aft nan murder, Smith texted Murdaugh, "Tell maine what I heard is not true," and, "Call maine please."

Those texts went unreturned, and astir 6:30 p.m., and Smith cryptically texted Murdaugh, "At sportfishing hole."

After that connection besides went unreturned, he texted, "803 *** **13 it will not spell done connected my phone."

"Those texts, nan ones we don't have, bespeak a small much of nan timeline of those distributions, and immoderate of them are nan week of nan murder," Harpootlian said. "And we were not alert of those. Had we been alert of these, it whitethorn person made a quality successful our determination not to telephone Eddie Smith to nan stand." 

He besides expressed interest that Smith had not been prosecuted for his alleged domiciled successful trading narcotics to Murdaugh. 

Alex Murdaugh, convicted of sidesplitting his wife, Maggie, and younger son, Paul, successful June 2021, sits during a proceeding connected a mobility for a retrial, Tuesday, Jan. 16, 2024, astatine nan Richland County Judicial Center successful Columbia, South Carolina.

ALEX MURDAUGH'S DEFENSE ATTORNEY EXPLAINS WHY HE THINKS THE DISGRACED LAWYER IS INNOCENT, WILL GET A NEW TRIAL

"And he has not been prosecuted. [He's] wandering nan streets, I heard possibly retired of nan state, and we're perplexed why Eddie Smith has been fixed this preferential curen erstwhile once Alex was convicted, location was nary logic not to spell up and prosecute him," said Harpootlian. "Everybody other has pleaded guilty. Everybody other that was indicted has pleaded blameworthy isolated from Eddie Smith. Now these texts would person fixed america further accusation we believe, and I've talked to [co-counsel] Jim Griffin. It mightiness person made nan quality successful america calling him to nan guidelines aliases not calling him to nan stand. So yes, they're important."

Murdaugh is already appealing his conviction, based successful ample portion connected accusations of assemblage tampering by Colleton County Clerk of Court Becky Hill. She was arrested and charged pinch obstructing justice and misconduct successful that incident. 

She was besides charged pinch perjury successful Richland County successful narration to nan case, aft allegedly lying to State Supreme Court Justice Jean Toal during 2024 appellate proceedings. 

"We person an entreaty based connected errors made by nan judge during nan trial, and of course, nan effort by — aliases possibly she did — nan efforts by nan Clerk of Court, Becky Smith, to hole nan jury. And that's a immense issue," said Harpootlian. "Many of nan group we've had look astatine nan entreaty judge we person a important chance of getting a caller trial, conscionable based connected nan assemblage tampering."

Clerk of Court Becky Hill has been accused of tampering pinch nan assemblage successful nan Alex Murdaugh double execution trial. (Fox Nation)

He said if they do not triumph a caller trial, location is simply a anticipation that they will record a habeas petition seeking to person nan condemnation vacated connected nan aforesaid grounds. 

"The state's little connected nan underlying entreaty is owed Aug. 8," he said. "We person up to 30 days to reply. Then nan Supreme Court decides whether to person argument, whether to assistance it, whether contradict it, and that could return months," he said, adding that if nan entreaty is granted Murdaugh will get a caller trial.

ALEX MURDAUGH LAWYERS FILE APPEAL ALLEGING OUSTED SOUTH CAROLINA CLERK SWAYED JURY

Harpootlian says he expects nan state's precocious tribunal to person a ruling connected nan entreaty by early adjacent twelvemonth astatine nan latest.

"And again, location are each kinds of debates astir nan grounds and really it was allowed successful by nan proceedings judge and whether it should person been excluded aliases allowed in. And those surely are important. And we deliberation there's respective of them, individually, would springiness america a caller trail," he said. 

"But much important is simply a judge, erstwhile Chief Justice of Supreme Court, had an evidentiary proceeding connected Becky Hill's behaviour successful which she found: A) Becky Hill was not credible, and B) that Becky Hill did effort to power jurors to convict Alex Murdoch. She told respective of her coworkers that she was penning a book, and it would beryllium amended for book income if Alex was convicted. So we deliberation that, and location is nary clear authorities precedent connected whether that's enough, but there's a clear national precedent that we should get a caller trial. So again, I deliberation we should perceive thing earlier nan extremity of nan twelvemonth aliases early adjacent year."

Alex Murdaugh and defense lawyer Dick Harpootlian reappraisal grounds during his proceedings for execution astatine nan Colleton County Courthouse connected Tuesday, January 31, 2023.  (Joshua Boucher/The State/Pool)

 CLICK HERE TO GET THE FOX NEWS APP

A retrial would apt look very different, Harpootlian said. With Murdaugh having already pleaded blameworthy to financial crimes, that facet would beryllium excluded, narrowing nan scope to forensic and actual evidence.

The lead lawyer believes Murdaugh has a beardown defense.

"We had a six-week proceedings past clip because of nan financial misconduct. That won't hap again," Harpootlian said. "And erstwhile you look solely astatine nan forensic evidence, I judge it overwhelmingly proves Alex did not termination Paul and Maggie."

The South Carolina Law Enforcement Division, which led nan investigation, and Prosecutor Creighton Waters did not return remark requests.