Suspicions of union privilege in the Murdaugh case by not applying the death penalty

Judge Clifton Newman has been a daily presence in America for the past six weeks.

Thomas Osborne
Thomas Osborne
05 March 2023 Sunday 05:24
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Suspicions of union privilege in the Murdaugh case by not applying the death penalty

Judge Clifton Newman has been a daily presence in America for the past six weeks. He became familiar presiding over the trial against Alex Murdaugh, scion of a dynasty of lawyers who represented power, glory and wealth in South Carolina, a case that has caused public fascination.

Following the guilty verdict, Judge Newman sentenced Murdaugh, 54, to life in prison on Friday for killing his wife, Maggie, 52, and their young son Paul, 22, on the night of June 7, 2021. The magistrate left a question in the air: Is it due to privileges that the maximum punishment was not requested?

"He did not question the decision of the state (Prosecutor's Office) not to pursue the death penalty, but this matter falls within that qualification," the judge reasoned. "Sitting here I note that for the last century, your family, including you, have been prosecuting people in this court and many received the death penalty, probably for less serious conduct," he said.

However, this capital punishment was ruled out in December by the public ministry. Alan Wilson, South Carolina's attorney general, then argued that, after careful analysis of the evidence, they were opting for life in prison. The reason given is that there was no direct proof.

There are jurists who have defended this option, noting that an irrevocable conviction requires that there be someone who goes on the witness stand and says that they have seen that person commit the crime. There have also been those who think that applying so much care should be the norm and not only if the defendant is white and influential.

Instead, the defense argued that this influence has harmed them. The case has been the subject of serials on HBO or now on Netflix, which has been broadcast in parallel. The lawyer Dick Harpootlian announced that they will request a retrial "when the jury can focus on the crimes and not on Netflix."