
New text messages fuel Alex Murdaugh's push for new trial
Harpootlian, a veteran South Carolina defense attorney and former state senator, told Fox News Digital that the texts between Murdaugh and Curtis 'Eddie' Smith, revealed recently by FITSNews, were not provided to the defense during the trial.
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Their absence, he said, may have contributed to a key decision not to call Smith to the stand.
'One of the big decisions in any trial like this is who you call as witnesses,' Harpootlian explained. 'We were not aware of these texts. Had we been, it may have made a difference in our decision. These messages offer new insight into the timeline of drug distributions, some of them happening the very week of the murders.'
13 Newly uncovered text messages between disgraced former attorney Alex Murdaugh and his alleged drug dealer could have possibly prevented a conviction.
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13 Alex Murdaugh gives testimony during his murder trial at the Colleton County Courthouse, Feb. 23, 2023.
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Smith, alleged to have been Murdaugh's primary drug supplier, has not been prosecuted, despite what Harpootlian described as evidence suggesting he may have been one of the largest OxyContin distributors in the Palmetto state.
'Everybody else who was indicted pleaded guilty — except Eddie Smith,' he said.
The text messages show that Smith and Murdaugh conversed in the days leading up to Murdaugh's murder of his wife Maggie and his youngest son, Paul, on June 7, 2021, on their family's hunting estate in Colleton County, South Carolina.
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'Hey Brother i need to come get the chech (sic) you got one with you or are you going to be around later,' Smith texted Murdaugh on June 3, four days before the slayings.
Murdaugh replied that he would be back that afternoon and that he 'had to deal with some bulls**t this morning.'
13 Alex Murdaugh, right, confers with defense attorney Jim Griffin during his double murder trial.
AP
13 A headstone was recently erected for Randolph Murdaugh III and Elizabeth Alexander next to the grave markers for Paul and Maggie Murdaugh at Hampton Cemetery.
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13 South Carolina Department of Corrections inmate Alex Murdaugh.
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'Ok Brother just give me a holler,' Smith texted, later adding, 'Leaving the house now.'
The day before the murders, Murdaugh texted Smith, 'Call me back.'
Within a span of two minutes the morning after the murder, Smith texted Murdaugh, 'Tell me what I heard is not true,' and, 'Call me please.'
Those texts went unreturned, and around 6:30 p.m., and Smith cryptically texted Murdaugh, 'At fishing hole.'
After that message also went unreturned, he texted, '803 *** **13 it will not go through on my phone.'
'Those texts, the ones we don't have, indicate a little more of the timeline of those distributions, and some of them are the week of the murder,' Harpootlian said. 'And we were not aware of those. Had we been aware of these, it may have made a difference in our decision not to call Eddie Smith to the stand.'
He also expressed concern that Smith had not been prosecuted for his alleged role in selling drugs to Murdaugh.
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13 The day before the murders, Murdaugh texted Smith, 'Call me back.'
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13 Disbarred attorney Alex Murdaugh arrives in court in Beaufort, South Carolina.
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13 Defense attorney Dick Harpootlian holds Buster Murdaugh's .300 Blackout rifle, similar to the one used to kill Buster Murdaugh's mother during double murder trial.
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'And he has not been prosecuted. [He's] wandering the streets, I heard maybe out of the state, and we're perplexed why Eddie Smith has been given this preferential treatment when once Alex was convicted, there was no reason not to go ahead and prosecute him,' said Harpootlian. 'Everybody else has pleaded guilty. Everybody else that was indicted has pleaded guilty except Eddie Smith. Now these texts would have given us additional information we believe, and I've talked to [co-counsel] Jim Griffin. It might have made the difference in us calling him to the stand or not calling him to the stand. So yes, they're important.'
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Murdaugh is already appealing his conviction, based in large part on accusations of jury tampering by Colleton County Clerk of Court Becky Hill. She was arrested and charged with obstructing justice and misconduct in that incident.
She was also charged with perjury in Richland County in relation to the case, after allegedly lying to State Supreme Court Justice Jean Toal during 2024 appellate proceedings.
'We have an appeal based on errors made by the judge during the trial, and of course, the attempt by — or maybe she did — the efforts by the Clerk of Court, Becky Smith, to fix the jury. And that's a huge issue,' said Harpootlian. 'Many of the people we've had look at the appeal believe we have a substantial chance of getting a new trial, just based on the jury tampering.'
13 Defense attorney Dick Harpootlian speaks to the media outside the Colleton County Courthouse after his defendant Alex Murdaugh was sentenced.
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13 Murdaugh is already appealing his conviction, based in large part on accusations of jury tampering by Colleton County Clerk of Court Becky Hill.
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13 Alex Murdaugh speaks with his legal team before he is sentenced to two consecutive life sentences.
AP
He said if they do not win a new trial, there is a possibility that they will file a habeas petition seeking to have the conviction vacated on the same grounds.
'The state's brief on the underlying appeal is due Aug. 8,' he said. 'We have up to 30 days to reply. Then the Supreme Court decides whether to have argument, whether to grant it, whether deny it, and that could take months,' he said, adding that if the appeal is granted Murdaugh will get a new trial.
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Harpootlian says he expects the state's high court to have a ruling on the appeal by early next year at the latest.
'And again, there are all kinds of debates about the evidence and how it was allowed in by the trial judge and whether it should have been excluded or allowed in. And those certainly are important. And we think there's several of them, individually, would give us a new trail,' he said.
13 Harpootlian says he expects the state's high court to have a ruling on the appeal by early next year at the latest.
Daniel William McKnight
13 Alex Murdaugh arriving at court, flanked by law enforcement.
Daniel William McKnight for NY Post
'But more important is a judge, former Chief Justice of Supreme Court, had an evidentiary hearing on Becky Hill's conduct in which she found: A) Becky Hill was not credible, and B) that Becky Hill did attempt to influence jurors to convict Alex Murdoch. She told several of her coworkers that she was writing a book, and it would be better for book sales if Alex was convicted. So we think that, and there is no clear state precedent on whether that's enough, but there's a clear federal precedent that we should get a new trial. So again, I think we should hear something before the end of the year or early next year.'
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A retrial would likely look very different, Harpootlian said. With Murdaugh having already pleaded guilty to financial crimes, that aspect would be excluded, narrowing the scope to forensic and factual evidence.
The lead attorney believes Murdaugh has a strong defense.
'We had a six-week trial last time because of the financial misconduct. That won't happen again,' Harpootlian said. 'And when you look solely at the forensic evidence, I believe it overwhelmingly proves Alex did not kill Paul and Maggie.'
The South Carolina Law Enforcement Division, which led the investigation, and Prosecutor Creighton Waters did not return comment requests.

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San Francisco Chronicle
an hour ago
- San Francisco Chronicle
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What ultimately unleashed the impeachment push was Paxton's relationship with Austin real estate developer Nate Paul, who pleaded guilty this year to one count of making a false statement to a financial institution. In 2020, eight top aides in Paxton's office told the FBI they were concerned the state's top law enforcement official was misusing his office to help Paul.


Hamilton Spectator
an hour ago
- Hamilton Spectator
Texas AG claimed three homes as primary residence. Democrats are being probed for similar issue
WASHINGTON (AP) — Texas Attorney General Ken Paxton and his wife, Angela, are longtime owners of a $1.5 million house in a gated community outside Dallas. In 2015, they snapped up a second home in Austin. Then another. The problem: Mortgages signed by the Paxtons contained inaccurate statements declaring that each of those three houses was their primary residence, enabling the now-estranged couple to improperly lock in low interest rates, according to an Associated Press review of public records. The lower rates will save the Paxtons tens of thousands of dollars in payments over the life of the loan, legal experts say. The records also revealed that the Paxtons collected an impermissible homestead tax break on two of those homes, and they have routinely flouted lending agreements on some of their other properties. It is a federal and state crime to knowingly make false statements on mortgage documents. It's also against the law in Texas to collect a homestead tax break on two separate properties. Violating the terms of a mortgage could allow lenders recourse to seek full payment of a loan, according to legal experts. Mortgages have become political fodder The mortgage revelations are likely to become fodder in the Republican primary for a U.S. Senate seat in which Paxton is seeking to topple the incumbent, John Cornyn. The situation is further complicated by the Trump administration's criminal pursuit of Democrats over similar issues. President Donald Trump has accused two of his political foes — Sen. Adam Schiff of California and New York Attorney General Letitia James — of committing mortgage fraud, though legal experts say the circumstances are less serious. The Democrats have long been objects of Trump's ire for having led various investigations into his conduct as president and as a business executive. Paxton, himself, has weighed in on the investigation of James, saying he hoped authorities would look into her conduct. 'I hope that if she's done something wrong, I hope that she's actually held accountable,' he told supporters last month. The Justice Department has launched a criminal investigation of James, FBI director Kash Patel told Fox News in May. The department received a criminal referral for Schiff last week from the Federal Housing Finance Agency, its director William Pulte confirmed in a social media post. Neither the Justice Department nor the FHFA responded to an inquiry about whether they may investigate Paxton, too. James' attorney, Abbe Lowell, urged the Trump administration to investigate Paxton instead. 'If this administration was genuinely interested in rooting out fraud, it appears they should stop wasting their time on the baseless and discredited allegations against the New York Attorney General James and turn their attention to Texas,' said Lowell, a prominent Washington attorney whose past clients include Hunter Biden, Ivanka Trump and Jared Kushner. In a statement, Marisol Samayoa, a Schiff spokeswoman, blasted the criminal referral as 'a transparent attempt' by Trump 'to punish a perceived political foe who is committed to holding him to account.' She added that Schiff disclosed to his lenders that he owned another home that was a principal residence and sought guidance from an attorney. It is unlikely that Paxton, a staunch Trump ally, will face the same federal scrutiny as James and Schiff. It's equally doubtful that Paxton will face much legal trouble in Texas: His office is one of the primary agencies tasked with investigating allegations of mortgage fraud. Ken Paxton and his spokesman did not respond to multiple requests for comment. Angela Paxton, who is a state senator in Texas, did not respond to requests made through her office. Three of the Paxtons' homes are each listed as a primary residence Documents reviewed by the AP show the Paxtons hold mortgages on three homes — one in suburban Dallas, two in Austin — that are each listed as their primary residence. The designation comes with a considerable financial upside. Interest rates on primary homes are significantly lower than those for mortgages on secondary homes or investment properties, saving buyers tens of thousands of dollars — if not more — over the life of a loan. Making a case against Paxton would require 'establishing both that Paxton was aware of the contents of the mortgage document, and also that he was actively aware at the time that he signed it that this was not going to be a primary residence,' said Jennifer E. Laurin, a professor at the University of Texas Law School in Austin. Legal experts say it is possible that the Paxtons' lenders prepared the documents and that the couple did not carefully review them before signing. Even if that were the case, some legal experts say that Paxton, as an attorney and Texas' top law enforcement officer, ought to have known better. 'If he filled out lender documents knowing that they were false, then that is a false statement to obtain a mortgage on favorable terms. That would be actionable,' said Arif Lawji, a veteran Texas real estate attorney. 'He's the chief enforcement officer. You have to be accountable for stuff you do that's wrong.' Paxton collected two 'homestead' tax breaks Low interest rates are not the only perk the Paxtons secured, records show. In 2018, they simultaneously collected homestead property tax breaks on their family's home in suburban Dallas, as well as on a $1.1 million home in Austin, property records and tax statements show. A homestead tax break is a property tax reduction that a homeowner is only eligible to collect on one property that is also their primary home. The suburban Dallas home is where the Paxtons' family has long resided. It's where Ken and Angela Paxton are registered to vote. It is located in the state Senate district that Angela Paxton represents in the Legislature, which Ken Paxton held before his election in 2014 to be attorney general. It's also where Ken Paxton's Senate campaign website until recently said he lived. Lawji said the Paxtons' simultaneous collection of two homestead tax breaks appears to be a more clearcut violation. That is because one must obtain a form and submit it to taxing authorities to receive such a tax break, making it an 'intentional act,' he said. The tax break was worth several thousand dollars, a fact that confounded real estate lawyers. 'Why would you try to do all of this,' Lawji said, 'when you are the attorney general? That's a bigger question to me than the money, when you are AG and have to enforce this law.' Paxton may have violated mortgage terms by renting properties Separately, land records indicate the Paxtons may have violated the terms of at least two mortgages on other houses they own. The mortgage on a home in College Station, Texas, says the property is for the Paxtons' exclusive use and cannot be rented out. Doing so would be grounds for terminating the mortgage, the document states. The home has been listed for rent on real estate websites on-and-off since at least 2022. Ken Paxton also holds a $1.2 million mortgage on a '5 bedroom luxury cabin' in Broken Bow, Oklahoma, that is for rent on Airbnb and other short-term rental sites, records show. The property's mortgage stipulates that it cannot be rented out. Representatives for Stifel Bank, Cornerstone Home Lending and Benchmark Mortgage, which issued the mortgages in question, did not respond to requests for comment. Schiff and James come under fire from GOP Paxton's real estate dealings are in many ways distinct from those of James and Schiff, the Democrats targeted by the Trump administration. The investigation of James centers on forms she signed in 2023 while helping a niece buy a home in Virginia. One form stated that James intended to occupy the home as her 'principal residence.' But in other documents, the New York attorney general made clear she had no intention of living there. An email to the mortgage loan broker two weeks before she signed the documents stated the property 'WILL NOT be my primary residence.' 'As I've said from the beginning, if prosecutors want to know that truth about Attorney General James' mortgage applications, we are ready and waiting with the facts,' said Lowell, James' attorney. For over a decade, Schiff owned homes in Maryland and California, the state he represents, that were both designated as his primary residence. In 2020, then a congressman, Schiff designated his Maryland property as a second home — a step Paxton has not taken. Paxton has faced legal and political challenges Paxton's real estate dealings are not the first time he has drawn scrutiny for his conduct while in office. Before his election as attorney general, Paxton, then a state senator, admitted in 2014 to violating Texas securities law and paid a fine. He spent roughly 10 years under state indictment on securities charges while serving as attorney general. The charges were eventually dropped in 2024. Other alleged misdeeds in office led to his impeachment by Texas' GOP-controlled House in 2023. He was acquitted in a trial by the Senate. Angela Paxton did not cast a vote in his impeachment trial and recently filed for divorce, citing Ken Paxton's infidelity and other 'recent discoveries.' She did not elaborate. What ultimately unleashed the impeachment push was Paxton's relationship with Austin real estate developer Nate Paul, who pleaded guilty this year to one count of making a false statement to a financial institution. In 2020, eight top aides in Paxton's office told the FBI they were concerned the state's top law enforcement official was misusing his office to help Paul over the developer's unproven claims about an elaborate conspiracy to steal $200 million of his properties. The House impeachment managers accused Paxton of attempting to interfere in foreclosure lawsuits and issuing legal opinions to benefit Paul. They also alleged that Paul employed a woman with whom Paxton had an affair in exchange for legal help and that the developer paid for expensive renovations to the attorney general's home in Austin. That would be the same house that he declared in mortgage documents was his third primary residence. Error! Sorry, there was an error processing your request. 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Hamilton Spectator
2 hours ago
- Hamilton Spectator
Man accused of attempting to assassinate Trump returns to court and hopes to represent himself
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