Disgraced Murdaugh trial clerk who helped blow up murder conviction claims protection from payback lawsuit
The former court clerk whose conduct helped overturn Alex Murdaugh's murder conviction is now asking a federal judge to toss the disgraced lawyer's lawsuit against her.
In a motion filed Thursday, former Colleton County Clerk of Court Becky Hill asked a federal court to dismiss Murdaugh's lawsuit seeking $600,000 in damages, arguing he has no legal right to recover the money he spent on his defense during his 2023 double-murder trial.
Hill is asking the judge to dismiss the case on multiple grounds, including claims of immunity, arguing she was acting in her official role as clerk of court when the alleged conduct occurred.
"Most critically, even if Plaintiff states a compensable claim, Defendant is nonetheless entitled to Eleventh Amendment immunity, quasi-judicial immunity, and qualified immunity, all of which bars Plaintiff’s suit," her lawyers wrote.
ALEX MURDAUGH LAWYERS FILE APPEAL ALLEGING OUSTED SOUTH CAROLINA COURT CLERK SWAYED JURY
The filing marks the latest legal clash between Hill and Murdaugh after the South Carolina Supreme Court threw out his murder convictions, finding Hill's conduct deprived him of his constitutional right to a fair trial.
According to the lawsuit, Murdaugh claims he withdrew $600,000 from his retirement account to pay for his murder-trial defense and now wants Hill to reimburse him through a federal civil rights lawsuit. Hill's lawyers argue Murdaugh would have paid those legal bills whether Hill ever spoke to jurors or not.
"Whether guilty or not, the Plaintiff would have most certainly incurred the exact same amount of attorney's fees he now seeks to recover," Hill's attorneys wrote.
WATCH: Becky Hill walks into Colleton County Courthouse
The filing repeatedly describes Murdaugh's lawsuit as advancing a "novel theory" that has never been recognized by courts in the Fourth Circuit. Hill's lawyers argue that while Murdaugh succeeded in winning a new trial, that does not automatically entitle him to recover the costs of defending himself against murder charges.
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According to the motion, Murdaugh has already received the relief he was entitled to when the South Carolina Supreme Court threw out his convictions and granted him a new trial.
Hill's defense team argues Murdaugh got exactly what he asked for, a new trial, and should not receive a financial payout on top of it. The filing contends the proper remedy for an unfair trial was a retrial, which he is receiving.
FORMER SOUTH CAROLINA CLERK IN MURDAUGH MURDER TRIAL ARRESTED ON MULTIPLE FELONIES
The motion also challenges whether Hill's alleged conduct caused the damages Murdaugh is seeking.
Prosecutors and a grand jury, not Hill, brought the murder charges against Murdaugh and required him to stand trial, according to the filing. Her lawyers argue those legal expenses would have existed regardless of any comments allegedly made to jurors.
The filing further argues Murdaugh lacks standing to pursue the claim because the damages he seeks are not traceable to Hill's conduct.
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Her attorneys also point to former South Carolina Chief Justice Jean Toal's original decision rejecting Murdaugh's request for a new trial, arguing it demonstrates that reasonable legal minds disagreed about whether Hill's actions rose to the level of a constitutional violation.
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The filing comes months after Hill pleaded guilty to obstruction, perjury and misconduct charges tied to her handling of the nationally watched murder trial. She received a sentence of probation and later resigned as Colleton County clerk of court.
ALEX MURDAUGH'S DOUBLE MURDER CONVICTION UNANIMOUSLY OVERTURNED BY SOUTH CAROLINA SUPREME COURT
Murdaugh's convictions for the murders of his wife, Maggie, and son, Paul, were overturned in May after the South Carolina Supreme Court found Hill engaged in a "breathtaking and disgraceful effort" to influence jurors. He remains behind bars, however, because of separate state and federal financial-crimes convictions.
The filing lands as Murdaugh's defense team continues preparing for a potential retrial.
In a new interview on "Crime & Justice with Donna Rotunno," defense attorney Dick Harpootlian said Murdaugh's team has a strategy for addressing the infamous kennel video that prosecutors used to place him near the scene of the murders.
WATCH: Alex Murdaugh lawyer says defense has strategy for infamous kennel video
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"We absolutely do, we absolutely do," Harpootlian said when asked whether the defense had a plan for dealing with the video. "Yes, and we understand that's an issue and it's got to be dealt with."
Harpootlian also said it remains unclear whether Murdaugh would testify again if the case is retried, calling that choice a "game-day decision."
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The veteran defense attorney predicted a second trial would be significantly shorter and reiterated his belief that prosecutors face challenges proving the case beyond a reasonable doubt.
"We don't have to prove him innocent," Harpootlian said. "We have to show and argue that the state did not prove him guilty beyond a reasonable doubt."
A federal judge will now decide if Murdaugh's lawsuit can proceed or if Hill's bid to have it dismissed succeeds.
A representative for Hill declined further comment, telling Fox News Digital, "We stand by the legal authority and arguments asserted in our pleadings filed with the Court today."
Harpootlian did not immediately respond to a request for comment.
Fox News Digital's Sarah Rumpf-Whitten and Michael Ruiz contributed to this report.