Mallory Beach wrongful death hearing nears, attorneys trade barbs over motion to move trial
Attorneys on both sides of a hotly contested, internationally followed wrongful death suit are speaking out this week ahead of a hearing that may derail a civil trial four years in the making.
The emotionally charged civil suit of Renee Beach versus Alex Murdaugh, Gregory M. Parker, Parker’s Corporation and the Murdaugh estates is set to begin jury trial in Hampton County Court of Common Pleas Aug. 14 before Judge Daniel D. Hall, but a motion to change venue filed late last week may interfere with that.
Even as Hampton County officials begin the process of planning for yet another expensive, challenging trial in the Murdaugh crime saga, Judge Hall will hold a hearing at noon on Friday at the Hampton County Courthouse to hear the venue change motion as well as a second motion to sever the defendants and try the now infamous and notorious Murdaugh, a convicted murderer and confessed fraudster, and the Parker’s defendants separately.
What are the latest motions in the Beach wrongful death case?
The trial, centered around the 2019 boating death of Mallory Beach in Beaufort County, may have to be rescheduled and further delayed if Judge Hall approves either of the recent motions.
Last Friday afternoon, July 7, attorneys for Parker’s filed two motions: a motion requesting a change of venue “in order to ensure Parker’s ability to obtain a fair and impartial trial,” and a second motion to sever for the same reasons.
This photo of Mallory Beach’s gravesite was used as an exhibit in a wrongful death suit.
Parker’s motions argue that by being “tethered” to Alex Murdaugh and the Murdaugh family in this wrongful death suit, a jury is more likely to find them liable, considering Murdaugh’s extensive criminal and civil allegations.
Citing the “local, regional, national, and international interest and focus of the Murdaugh family,” the venue motion states that “The entire jury venire in Hampton County, South Carolina likely will be aware of the Murdaugh name, family, and news surrounding them.. In this Court’s opinion, the vortex of litigation surrounding the Murdaughs “involve[s] potentially the most reactionary and publicized proceedings in the history of the South Carolina judiciary and legal system.”
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The motion does not request a specific venue, just anywhere “outside the 14th Judicial Circuit,” which includes Hampton, Beaufort, Jasper, Colleton and Allendale counties.
Filed with the motions are two affidavits from Hampton County citizens claiming that it would not be possible to find an impartial juror anywhere in Hampton County, adding that “Anyone that is involved with the Murdaughs in any trial is going to be stained by that involvement.”
The motion to sever is almost identical to a previous motion to sever filed by Parker’s, but denied by Judge Daniel Hall.
The Beach wrongful death suit was first filed in March 2019 in Beaufort County but later refiled in Hampton County, after Mallory Beach, 19, of Hampton County died in a boat crash involving Murdaugh’s boat and his allegedly intoxicated son, Paul Murdaugh. Murdaugh is accused of allowing his underaged son to drink and operate his boats, and Parker’s is accused of illegally selling alcohol to the underaged boaters.
attorney takes the stand in Alex Murdaugh’s trial for murder at the Colleton County Courthouse on Thursday, February 9, 2023. Andrew J. Whitaker/The Post and Courier/Pool” src=”https://s.yimg.com/ny/api/res/1.2/q5fhNQG8uZQoXfh0a7wsHA–/YXBwaWQ9aGlnaGxhbmRlcjt3PTcwNTtoPTQ4Mg–/https://media.zenfs.com/en/greenville-news/f20a7efdf5ef0361f94f199f66c37774″/>
Mark Tinsley, Allendale-based personal injury attorney takes the stand in Alex Murdaugh’s trial for murder at the Colleton County Courthouse on Thursday, February 9, 2023. Andrew J. Whitaker/The Post and Courier/Pool
Beach attorney Tinsley responds to “ridiculous,” “meritless” motions
Mark Tinsley, lead counsel for the Beach family and Mallory Beach’s estate, gave a passionate response to The Hampton County Guardian this week in the wake of the recent filings.
Tinsley called Parker’s legal positions “ridiculous” and stated that Parker’s motions showed “contempt” for residents of Hampton County and the 14th Circuit by implying that they weren’t smart enough or honest enough to follow the law and sit on a jury in this case.
“Parker’s assertion that somehow it will be prejudiced or harmed by ‘being tethered to The Murdaughs’ in this case is equally preposterous. ‘The Murdaughs’ are not defendants in this case, Alex Murdaugh is. And Alex Murdaugh, like Parker’s, is adverse to the Beach family and their quest to hold these people, who have refused to accept responsibility and be held accountable for their wrongful actions. As such, Parker’s logic in how it will be prejudiced falls apart. It would seem any unfair advantage for ‘The Murdaughs’ as Parkers put it or for Alex Murdaugh would be against the Beach family and their fight for justice.
“More importantly, of the people remaining in this lawsuit, only the Beach family was harmed or victimized by any of the misdeeds or corruption related to the criminal investigation into their daughter’s death. An investigation in which no resident of Hampton County was involved. The Beach family has every confidence that the people of the Lowcountry, who are held in such contempt by Parker’s, and the residents of Hampton County in particular, will follow the law in this case. The motion, like all Parker’s other motions, is meritless.”
attorney for Gregory Parker and Parker's Corporation (at far right) argues before Judge Daniel D. Hall during a recent hearing in Hampton County.” src=”https://s.yimg.com/ny/api/res/1.2/iQaWLy9Co6edBmOfCk56PQ–/YXBwaWQ9aGlnaGxhbmRlcjt3PTcwNTtoPTQ3MA–/https://media.zenfs.com/en/greenville-news/24aef35a69ec81c0145497e42e844414″/>
PK Shere, attorney for Gregory Parker and Parker’s Corporation (at far right) argues before Judge Daniel D. Hall during a recent hearing in Hampton County.
Parker’s attorneys explain legal position, cite boaters’ ‘bad decisions’
PK Shere, attorney for Parker’s Kitchen, provided the following statement to The Guardian, explaining his client’s legal position.
“At its core, this is very simple. Mark Tinsley wants Parker’s and the Murdaugh family tethered together for one reason only: to get a jury angry at the Murdaughs and have Parker’s pay for it. The real issue here is joint and several liability law in South Carolina. If Mr. Tinsley has his way – if a jury believes Tajeeha Cohen, a customer service representative, and Parker’s was even 1% at fault – Parker’s would pay for the entirety of any verdict rendered against the Murdaugh family. Basically, Parker’s would pay for the repeated bad decisions of all of these boat riders and the Murdaughs.
“Alex Murdaugh was convicted of murdering his wife, Maggie, and his son, Paul. It is evident that Parker’s can only receive a fair trial from an impartial jury if there is a severance and a transfer venue for the upcoming trial. The criminal case against Alex Murdaugh constitutes potentially the most ‘reactionary and publicized proceedings in the history of the South Carolina judiciary and legal system.’ Being tethered to a convicted murderer, the most notorious criminal defendant in the last 50 years, leaves Parker’s potentially bearing the brunt of a punitive verdict through joint and several liability. We are simply asking for fairness ― for Parker’s to be tried separately from Alex Murdaugh ― and leave the Murdaugh circus for another day.”
This story will be updated Friday afternoon, after the hearing, and again after Judge Hall issues a ruling. You can continue to follow this story and others in the Murdaugh legal saga by supporting the journalism of Michael DeWitt Jr. You can follow DeWitt on Facebook and on Twitter at @mmdewittjr
This article originally appeared on Greenville News: Beach wrongful death hearing nears, attorneys trade barbs over motions
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