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As long as Alec’s murder trial remains scheduled to begin Jan. 23, the AG’s office has until Dec. 23 (10 days from now) to announce whether it will seek the death penalty. As discussed in the P&C podcast, “Understand Murdaugh,” it’s not a simple decision. Assuming AM is convicted of both murders:
- A double murder conviction is heinous enough to meet SC’s requirements for DP.
- If DP is going to be sought, trial will probably be put off to allow defense more time to prepare and gather/fund experts.
- In a DP case, the state actually helps underwrite the cost of expert witnesses for defense.
- If AG does not seek the DP, some will see it as favoritism towards a rich, white guy. Most people on SC’s death row are minorities and poor, mainly black.
- On the other hand, excluding future potential financial crimes, AM has never been convicted of anything before — he has no prior criminal record — so some would say the DP is too harsh.
- If AM is executed Maggie and Paul’s family, which also happens to be Alec’s family, will suffer another loss.
- If AM does get the death penalty, he will no doubt appeal it, subjecting Maggie and Paul’s family to years/maybe decades of court cases and upheaval.
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Understand Murdaugh: A decision on the death penalty looms large
Podcast Episode · Understand Murdaugh · 11/15/2022 · 17mpodcasts.apple.com
My question: If AM were to be convicted of the murders and received DP, and then continued with years/decades of appeals, would his legal fees take priority over reimbursing his victims and/or paying the wronged folks who may win suits against him? Could he use up all his assets with his appeals leaving his victims high and dry? What if he runs out of funds through the appeal process? Would D&J send him to Legal Aid or court appointed counsel?
The DP here is automatically appealed but I’m not sure on the cost. With so much attention and a lot of people (voters) supporting it, I would be surprised if they didn’t go for capital punishment. I thought at the time that they wouldn’t try to execute Susan Smith given her family connections but the state and county didn’t hesitate.