We last addressed the 2023 trial of Alex Murdaugh, the South Carolina lawyer convicted of murdering his wife and son, in February of 2024 (although Shea subsequently reviewed a nonfiction book chronicling the multi-generational saga of corruption and lawlessness within and without the local prosecutor’s office). A trial court had rejected Murdaugh’s post-conviction bid for a new trial, finding that the courtroom clerk made improper comments to jurors, but that the impropriety was not substantial enough to undermine the convictions. However, this week, the Supreme Court of South Carolina disagreed, overturning the convictions and ordering a new trial. Murdaugh will continue to serve a 40-year federal sentence for defrauding his clients out of approximately $12 million.
Read on for more criminal law news.
New NYC Correction Commissioner. The new Correction Commissioner for New York City, Stanley Richards, previously served time at Rikers Island Jail. After a decades-long career working with a nonprofit, The Fortune Society, in a variety of roles supporting incarcerated and formerly incarcerated individuals, Richards was tapped for leadership positions at the nonprofit and with the city. He is now responsible for the administration of a sprawling correctional system and tasked with realizing the plan to close the outdated Rikers facility and replace it with a system of smaller, modernized jails. Richards will also be working to implement a law banning solitary confinement and collaborating with a former CIA officer appointed by a federal judge to address problematic conditions at Rikers, the subject of multiple contempt orders.
“Gum ruse” yields key evidence. Investigators in Washington state recently used an unusual ploy to gather crucial evidence leading to charges in decades-old rape and murder cases. Though DNA evidence was a new concept in the early 1980’s when the murders were committed, detectives obtained vaginal swabs that allowed for testing well into the future. In late 2023, authorities identified William Gaff as a match in a DNA database, but additional testing was necessary to confirm the hit. A few months later, three investigators developed the idea to approach Gaff’s home posing as representatives from a chewing gum company. They administered a “taste test” and obtained a DNA sample from the discarded chewing gum. The match was confirmed and Gaff was recently convicted for serial rape and murder.
Rise in “wrench attacks.” As people invest more in cryptocurrencies, a troubling trend has emerged of home invasions and robberies perpetrated with the intent to steal this new form of wealth. In one San Francisco case, three individuals apparently ordered a pizza delivered to a victim’s house to confirm the victim was home. They subsequently kidnapped the victim and threatened to kill him and burn his house down if he did not provide the password to his crypto account. The robbers were able to execute a transfer worth $6.5 million. Experts say that crypto transactions recorded on a log called a blockchain are traceable and that these records can be used to prosecute. The name “wrench attack” appears to come from an online comic satirizing the way in which a password can be extracted through physical coercion.
Overcrowded NC jails. Men incarcerated at the Mecklenburg County Detention Center reached out to a local news station to report that they have been forced to sleep on the floor due to overcrowding at the facility. Sheriff Garry McFadden responded to the complaints, asserting that no inmates were sleeping on the floor, but acknowledging that the facility is using plastic cots with mattresses 8-9 inches above the ground. The jail was intended to house 1700 people, but the population has climbed past 2000 in recent weeks. In a video statement, McFadden pointed to provisions addressing pretrial release in the recently enacted Iryna’s Law as a cause of the overcrowding. He also stated that he expects the population to rise as people tend to commit more crimes during the summer.
Sheriffs around the state have encountered similar challenges. At the Union County Detention Center, some female inmates have been sleeping on the ground using mats. Executive Vice President and General Counsel of the North Carolina Sheriffs Association, Eddie Caldwell Jr, stated that the problem of overcrowding was anticipated with the passage of the new law and that additional funding was needed for the jails and prison system.
Incarcerated North Carolina man wins award for journalism. Phillip Vance Smith, who is currently incarcerated at Neuse Correctional Institution in Goldsboro, NC, was recently recognized by the Society of Professional Journalists as Prison Journalist of the Year at the Stillwater Awards. The judges apparently awarded him the prize on account of his rich descriptive language and his skill in obtaining interviews from multiple individuals, culminating in pieces filled with powerful quotes. Smith’s writing focuses on the experiences of fellow incarcerated individuals, addressing subjects such as high prices of goods and services within prison walls, violence he and others have witnessed, understaffing at prisons, the experience of serving life without parole, and clemency. Smith, who is serving a life sentence after having been convicted of first-degree murder, began working with a prison newspaper at Nash Correctional after a supervisor noted his computer skills in 2015.
Have a good weekend and see you next week.
