How could tears from Murdaugh and family impact the jury? A veteran SC attorney weighs in

Many times during the first two days of testimony, accused murderer Alex Murdaugh has looked down, head bobbing rhythmically, and wiped his face with a tissue.

Two rows behind him in the audience, some of his family members appeared to be crying as well as they listened to gruesome testimony about how Paul and Maggie Murdaugh looked lying dead on the ground at the family’s expansive hunting estate in Colleton County.

Such moments can have a powerful impact on a jury, longtime South Carolina defense attorney Jack Swerling said in an interview.

Swerling was asked by The State to provide analysis as the murder trial proceeds over the next few weeks. He is not involved in the case but is familiar with all the lawyers who are and once was a law partner of Dick Harpootlian, one of Alex Murdaugh’s defense attorneys.

He has handled thousands of cases since being admitted to the bar in 1973, including representing mass murderer Pee Wee Gaskins.

Alex Murdaugh is charged with murdering his wife Maggie and son Paul in June 2021. They were shot near dog kennels on the property, Paul with a shotgun; Maggie with an AR-style weapon.

Both suffered catastrophic wounds to the head.

Attending each day since the trial started are Mudaugh’s son Buster Murdaugh, brother Randy Murdaugh and sister Lynn Murdaugh Goette. All have appeared overcome with emotion from time to time.

While not evidence or an official part of a trial, the behavior of the accused is often noted by jury members. Swerling said he thinks such emotion makes the tragedy seem real and raw.

“Crying can create powerful emotions in a jury if the jury believes crying was spontaneous and truly sincere,” Swerling said. “If the jury feels the crying was forced, and not sincere, it can have an adverse effect.”

Alex Murdaugh’s sincerity has been discussed often and harshly across social media, with many people saying it’s an act.

Alex Murdaugh appears to cry when images of the bodies are shown on a video screen on a desk in front of him. One of his lawyers, Jim Griffin, often moves quickly to cover it with what appears to be the top of a box. But Murdaugh can hear the graphic descriptions.

On Friday, he looked down, red faced, and rocked gently during testimony about impressions SLED made of Paul’s shoes to compare with footprints near his body and hair found on top of the door to the feed room, where he was killed.

Law enforcement officers testified Thursday that on the night of the murder, Murdaugh appeared upset, but they never saw tears.

On the 911 call, his voice breaks and he sounds like he is weeping.

He also reacts when his lawyers use especially graphic terms about the bodies, such as frequently referring to their heads being blown off or Paul’s brain ending up by his feet.

Swerling said he believes the team is trying to show the brutality of the crime and by extension say that could never be done by a father against a son.

“It’s beyond just a shooting resulting in death, which we are all too familiar with,” he said. “It’s savage, brutal, way out of what we are used to from media reports of other murders.”