DEFENDANT’S PRE-HEARING BRIEF
RE: MOTION FOR A NEW TRIAL
On October 27, 2023, Mr. Murdaugh filed a motion for a new trial based on after-
discovered evidence, having obtained leave from the Court of Appeals to suspend his appeal of his
convictions to file the motion. His motion alleges that Rebecca Hill, the elected Clerk of Court
for Colleton County, had extensive private communications with members of the jury during trial.
This allegation was supported by sworn affidavits of jurors and a witness to juror interviews,
testimony at in camera proceedings, and other evidence including Ms. Hill’s own book. The
subject matter of Ms. Hill’s alleged communications was the evidence being presented at trial. Mr.
Murdaugh alleges that an elected state official deliberately violated his constitutional right to a fair
trial before an impartial jury. If that allegation is proven, the law requires a new trial.
With that important caveat, at present, Mr. Murdaugh plans to call the following witnesses
in his case-in-chief during the evidentiary hearing:
• Juror 254
• Juror 630
• Juror 741
• Juror 785
• Rhonda McElveen, Barnwell County Clerk of Court
The State must call Ms. Hill to deny the allegations that she tampered with the jury. Depending on
Ms. Hill’s testimony, Mr. Murdaugh might call some of the following witnesses as rebuttal
witnesses:
• Laura Hayes, former deputy Clerk of Court in Colleton County
• Jeffrey Hill, former IT Director for the Colleton County Courthouse
• The Honorable Clifton Newman, retired Circuit Court Judge
• Tim Stone, ex-husband of Juror 785
• Timothy Stone, original poster of the FB message presented to Judge Newman
during trial and included in the Court’s Exhibit 4
• Lori Weiss, employee of the Clerk of Court in Colleton County