Juror 785 Fights to Unseal Critical Records in the Alex Murdaugh Case. What are these Records and Who are they Protecting?
In a move that could shed light on one of the most controversial criminal trials in South Carolina history, Myra Crosby, known publicly as Juror 785, is escalating her legal battle to unseal a trove of documents currently under lock and key. These records include the SLED (South Carolina Law Enforcement Division) report, an anonymous email sent to Judge Newman, a pivotal jury note, bodycam footage of SLED interviews with her tenants, and a packet of emails—documents that could play a crucial role in understanding the circumstances surrounding her removal from the jury in the Alex Murdaugh double-murder trial.
A Call for Transparency
Crosby, represented by attorney Joseph McCulloch, is seeking to make public these sealed documents, which she argues are essential for ensuring transparency in a case that has captivated the nation. She also wants to quiet the haters who are praying that these documents say otherwise. Crosby may have solid defamation cases against many after they are unsealed.
Crosby’s request comes after Judge Clifton Newman removed her from the jury, citing concerns of improper conversations with individuals outside the jury. The documents in question could provide clarity on the events that led to her dismissal and, by extension, the integrity of the judicial process.
At the heart of Crosby’s request is the principle of public access to court records, a cornerstone of the justice system in ensuring accountability. In November 2023, Judge Newman issued a consent order granting limited access to some sealed materials but prohibited their dissemination. Now, Crosby is challenging that restriction, stating that the public deserves to know the full story.
The Sealed Documents
The records Crosby is fighting to unseal include:
- The SLED Report: A detailed account of the investigation into alleged juror misconduct.
- The Anonymous Email to Judge Newman: A communication that initially raised concerns about Crosby’s interactions during the trial.
- The Jury Note: A key document believed to address concerns over juror discussions.
- SLED Interview Bodycam Footage: Video recordings of interviews with individuals connected to the case.
- A Packet of Emails: Correspondence that could provide additional context or evidence regarding the events leading to Crosby’s removal.
These materials were sealed to protect the privacy of jurors and the integrity of the trial. However, Crosby and her attorney argue that the public’s interest in transparency outweighs these concerns.
Below is the transcript the State supplied as to why it was to be sealed.
Judge Newman: “I will make a part of the record, under seal because of maintaining the confidentiality or identity of the jurors, I will place under seal the Court interview, affidavits received, and the — and both discussions with counsel taking place on the record. And all of that will be made a part of the record in the case. And we will bring the juror out to inform her that she will no longer — her services will no longer be needed. We will then replace her with an alternate juror.
Any additional comments by the State or the defense?
MR. WATERS: Not from the State, Your Honor.
MR. HARPOOTLIAN: Your Honor, we do not except from your ruling. I just sat through everything you sat through, and it’s muddled, but we would defer to your judgment.
However, I think it’s important for you to note on the record the interviews of these two people were done by SLED agents, one of who was named a witness in the case, and the other who is — was listed in the notes as being one of the investigating officers. Just to note that again SLED has made some bad — another bad judgment in this case. I’m not excepting from your ruling.”
State Opposition
The South Carolina Attorney General’s Office has firmly opposed unsealing these records, citing the November 2023 consent order and the state’s ongoing commitment to maintaining confidentiality. In a statement, the state emphasized the importance of shielding jurors from unnecessary stress and public scrutiny, particularly in high-profile cases like this one. They argue that unsealing the documents could set a precedent that discourages citizens from serving as jurors.
Or is the State investigating those who may have had a hand in tampering with this jury? Many charges would be looming for those potentially involved. They could include:
Obstruction of Justice (South Carolina Code § 16-9-320), Suborning Perjury (South Carolina Code § 16-9-10), Conspiracy to Commit a Crime (South Carolina Code § 16-17-410), Tampering with a Juror (South Carolina Code § 16-9-340), Defamation and Libel Filing False Reports (South Carolina Code § 16-17-722), and Interference with Court Proceedings. All charges would have significant prison time.
What Could be Hiding in the Sealed Documents?
Crosby and her attorney believe that the actual truth lies within the sealed documents. Let’s evaluate what these documents could reveal based on Myra Crosby‘s statements in her new bestselling book, Because Enough is Enough:
- The SLED Report: What did SLED include in their report, and why were they even involved? The Colleton County Sheriff or an investigator from the 14th Solicitor’s Office could have handled this matter, given their proximity to the case. SLED had far too much at stake to remain impartial in this investigation.
- The Anonymous Email to Judge Newman: Christine Avery has publicly admitted to writing the email sent to Judge Newman. Avery worked at Domino’s Pizza with Crosby’s tenants and was also active on the Luna Shark Discord, a monetized forum dedicated to the Murdaugh case and other true crime discussions. Avery went on to thank Mandy Matney, Liz Farrell, and an attorney who was also a state witness in the Murdaugh trial for their months of assistance. Could SLED’s involvement indicate an effort to protect Luna Shark or Avery, or are they avoiding tipping them off about an ongoing investigation into them and their alleged actions to remove a juror?
- The Jury Note: This document is believed to address concerns about juror discussions. What exactly does it contain, and could it provide clarity on Crosby’s removal?
- SLED Interview Bodycam Footage: Dick Harpootlian argued to Judge Newman that the SLED agents who interviewed Crosby’s tenants were too closely tied to the trial’s outcome. One was a state witness, and the other a Murdaugh investigator, raising serious conflict-of-interest concerns. Did SLED use leading questions, repetitive questioning, or pressure tactics to sway the tenants’ testimony? Harpootlian described the tenants’ answers as “muddled,” while Judge Newman called them “waffled.” Yet, the tenants have sworn in affidavits that Myra Crosby never discussed the trial with them. So, what really transpired in these interviews?
- A Packet of Emails: This correspondence could provide critical context or evidence regarding Crosby’s removal. These emails might be the crown jewel in explaining the mindset of the State during this pivotal moment.
Crosby states in her book that the State provided only a “summarization” of what was discussed in-camera (in Judge Newman’s chambers). According to Crosby, when the State uses terms like “summary” or “trickery,” it’s often a sign of deceit or lying.
A History of Secrecy
This battle is not new. Crosby has filed a motion in the Circuit Court seeking to unseal the same records. The state declined to consent, arguing that the appellate courts, not the circuit court, held jurisdiction over the matter since the case was on appeal. The South Carolina Supreme Court has since upheld the state’s position, but Crosby’s fight continues as she has just went back to the Supreme Court stating 1st Amendment Rights. If denied again, this may fall to the Fourth Circuit Court of Appeals in Richmond, Virginia, and allow the federal government weigh in on Crosby’s 1st Amendment Rights. The same court that just released Russel Laffitte due to constitutional issues in his case involving Murdaugh.
Crosby’s Case for Unsealing
In a letter to Creighton Waters, the lead prosecutor in the Murdaugh case, Crosby’s attorney outlined concerns about the fairness and neutrality of the investigation. McCulloch pointed out that SLED and the Attorney General’s Office, which played key roles in prosecuting Murdaugh, cannot reasonably be expected to act as neutral arbiters in matters involving juror misconduct.
McCulloch also raised questions about procedural inconsistencies and the state’s failure to redact Crosby’s name in prior filings, exposing her to public scrutiny. “Public confidence in our judicial system and the integrity of a fair trial should be the goal for all of us,” McCulloch wrote.
Murdaugh – State Response to Limited Motion to Intervene and Unseal (1)
Public Interest vs. Privacy
At the core of this case lies a fundamental tension: the public’s right to know versus the need to protect juror privacy and the sanctity of the judicial process. Crosby’s legal team argues that selective unsealing—redacting sensitive information while disclosing key details—can strike the right balance.
Advocates for unsealing point to the First Amendment and the common law right of public access to judicial records, emphasizing the importance of transparency in cases with significant public interest. They argue that unsealing these documents could clarify whether Crosby’s dismissal was justified or part of a broader issue within the trial process.
What’s at Stake?
The fight to unseal these records isn’t just about one juror—it’s about the integrity of the Murdaugh trial and the broader implications for public access to justice. If successful, Crosby’s efforts could set a precedent for greater transparency in high-profile cases, ensuring that critical decisions in the courtroom are subject to public scrutiny.
As the South Carolina Supreme Court prepares to review this issue once again, the outcome could shape how courts handle sealed records and public access for years to come.
Stay tuned to CC News Network for updates on this developing story.
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