COLUMBIA, S.C. — A South Carolina judge has denied accused embezzler Alex Murdaugh bond, meaning the suspended attorney will remain behind bars for the time being.
“After considering the arguments of counsel, the (psychiatric) evaluation submitted, pending charges and other investigations, and the apparent character and mental condition of the defendant, the Court finds that the Defendant is a danger both to himself and the community,” Judge Clifton Newman wrote in an order written Tuesday after he reviewed Murdaugh’s psychiatric evaluation.
But hours after Newman’s order became public Wednesday morning, attorneys for Murdaugh filed a petition for a writ of habeas corpus with the South Carolina Supreme Court, saying the state does not have the right to keep someone like Murdaugh jailed indefinitely.
“The South Carolina Constitution guarantees every person the right to be released on bail, pending trial, except persons charged with capital offenses, offenses punishable by life imprisonment or violent offenses as defined by the General Assembly,” said the petition, written by attorneys Jim Griffin and Dick Harpootlian.
Their petition asked for a speedy review of the case.
The judge did not make the psychiatric evaluation public nor did he characterize its findings.
However, in their petition, Griffin and Harpootlian disclosed that the psychiatrist who examined Murdaugh in jail is Dr. Donna Maddox, a well-known psychiatrist in South Carolina’s legal community who has testified in numerous criminal trials around the state.
“Dr. Maddox did not find that (Murdaugh) is a danger to himself or to the community,” the petition said.
Maddox did diagnose Murdaugh with “severe Opioid disorder,” the petition said.
Murdaugh faces criminal charges of embezzling $3.3 million from the estate of his late housekeeper and insurance fraud in connection with staging a fake suicide so his sole surviving son, Buster, could collect on a $10 million insurance policy.
“We appreciate the court’s concern about Alex’s well being and whether he is at risk of harming himself,” Griffin said earlier Tuesday. “We respectfully disagree with the court’s decision to deny bond.”
Newman previously denied Murdaugh bond on Oct. 19 in Richland County after hearing evidence from prosecutors and lawyers representing two of Murdaugh’s alleged victims.
But until Wednesday morning, the judge’s order had not been made public. Newman wrote the order late Tuesday afternoon.
At the Oct. 19 hearing, Murdaugh’s lawyers said they would retain a psychiatrist to evaluate Murdaugh, who only months ago held a prominent position in South Carolina’s legal community. Murdaugh, 53, is not only a former president of the state trial lawyers’ association, but he is a fourth-generation member of a family dynasty that before him produced three successive generations of elected solicitors, or prosecutors, in the Lowcountry.
Eric Bland and Ronnie Richter, Columbia attorneys who represent Murdaugh’s deceased housekeeper’s estate, released a statement saying they agreed with Newman’s finding that Murdaugh posed a danger to himself and the community and that he should continue to be held without bond.
“This case and the crimes are unique. Ordinary bond rules are not applicable in our view,” the lawyers said.
Newman’s order is another major legal blow dealt to Murdaugh, whose law license was suspended by the state Supreme Court in September after allegations surfaced that he embezzled money from clients at his former law firm, PMPED, of Hampton County. No criminal charges have been filed in that case.
Last week, Judge Daniel Hall ordered that all of Murdaugh’s assets be put under the control of two receivers, attorneys Peter McCoy and John Lay. They now have the authority to inventory Murdaugh’s property and finances and approve any spending decisions he or Buster wish to make.
Hall issued his order Nov. 1 after hearing arguments from attorney Mark Tinsley, who represents the estate of the late Mallory Beach, that Murdaugh may be hiding assets in an attempt to shield those assets from a lawsuit Tinsley brought against Murdaugh on the Beach estate’s behalf.
Murdaugh is a defendant in a lawsuit Tinsley brought in connection with Beach’s death in a 2019 boat crash. The boat was allegedly driven by Murdaugh’s late son, Paul.
