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Fiachra Figs O'Sullivan
Fiachra Figs O'Sullivan

Posted on • Originally published at empathi.com

When the Highest Court Reopens a Closed Case: What the Murdaugh Reversal Reveals About the Stories We Use to Settle Wounds That

When the Highest Court Reopens a Closed Case: What the Murdaugh Reversal Reveals About the Stories We Use to Settle Wounds That Will Not Settle

Photo by Wesley Tingey on Unsplash

The verdict that was supposed to close one of the most consumed legal stories of the decade has been pulled back open. According to a recent report, the South Carolina Supreme Court has overturned Alex Murdaugh's murder convictions and ordered a new trial. The cable panels are already lit. The true crime podcasts are already queued. The internet has its evening.

The procedural arguments will get handled by people whose job it is to handle them. Jury tampering allegations, clerk conduct, the specific shape of the appellate finding. That isn't my lane and I won't pretend it is. I've never sat with anyone in the Murdaugh family or anyone adjacent to that case. The Goldwater rule applies to the famously accused too.

What I want to point at is the thing the headline can't. When the most authoritative legal instrument a state has on offer reopens a case the public had emotionally filed away, something fires inside the bodies of everyone watching. Survivors. Family members. Jurors. A whole community that thought the chapter was closed. The ledger they thought had been balanced is unbalanced again. And that part, the part that lives inside human physiology rather than the court reporter's transcript, is the part I can actually speak to.

From a State Supreme Court to Your Kitchen Table

You don't need a multi-generational legal dynasty or a televised trial to live inside what this moment exposes. The same mechanism that makes a community recoil when a verdict gets unwound runs through every contested estate, every reopened custody motion, every settlement that doesn't settle, every text war with a sibling about a parent's house, every time you thought you were done with a fight and your body said no, you're not.

The legal process assumes two rational actors making decisions based on financial interest. Inside a rupture, that's a fiction. There are bodies on fire, reaching for a thinking tool to close a feeling wound. Once you see that, you can't unsee it. The mechanism shows up in your divorce, your custody fight, your business partnership detonation, the text wars you've had with people you once trusted with your whole life.

The Body Is the Original Ledger

Long before any verdict or appellate filing existed, the body was already running its own bookkeeping. It logs what mattered. Safety. Abandonment. Promises kept. Promises broken. There's no motion you can file against an entry the body has already written in.

When a community follows a high-profile criminal case for years, then watches the verdict get pulled, the headlines read procedure. I read something else. I read a thousand bodies that had finally exhaled, being told to inhale again. I read survivors of less famous violence in less famous towns, watching this and remembering their own moment when the system handed them a piece of paper that was supposed to close something a piece of paper can't close.

A couple sat in my office last year. They'd been in litigation for eleven months over a toaster. A four-slice Cuisinart, maybe forty dollars on eBay. Their combined legal fees on that one item had cleared ten thousand dollars. When I finally asked the wife to tell me about the toaster, she started crying. He'd bought it for her their first Christmas together. It was the last object she still owned that proved she had once mattered to him.

She wasn't fighting for a toaster. She was fighting for evidence that she had once lived inside someone's love.

The retirement account isn't about the retirement account. The custody schedule isn't about the custody schedule. The verdict isn't only about the verdict. The body is trying to get the world to confirm something the courthouse doesn't stock in any currency at all.

Litigating the Content, Avoiding the Wound

There's an impulse I see in every couple I sit with, and it's the same impulse that makes legal dramas so consumable. The impulse to "work the case." To get stuck in the incident. It was this. It wasn't this. It was this. It wasn't this. People burn months and savings and sanity arguing the content because the content feels solvable in a way the underlying wound does not.

The problem is never the problem.

Staying inside the facts of the argument, or the facts of the trial, is a protective move. It lets you avoid the unbearable vulnerability of what's actually happening underneath. In a couple, the question underneath is some version of two ancient questions the body runs on loop. Is the person I depend on actually present. Do I matter to them. In a public legal story, the cultural-scale version is just as primal. Did the system see what happened to the person who is gone. Did anybody count what was lost.

When an appellate court reopens a verdict, it doesn't reopen a wound. The wound was never closed. It just pulls the cover off what the community had bolted down.

The Seduction of the Story of Other

There's a place every activated body sprints to when it's in pain. I call it the Story of Other. It's the most seductive place on earth.

The world will hand you all the evidence you need to support your wound. Feel dismissed and you'll spot a thousand dismissals before lunch. Feel betrayed and every text looks like betrayal. Decide a particular person is the source of all the harm and the world lines up obediently to confirm it. The trigger is real. The meaning you stack on top of the trigger comes from your history, not from anything happening outside your skin.

The Story of Other doesn't grow anything. It doesn't heal anything. It doesn't lead anywhere close to sovereignty. It's the path the lab rat keeps sprinting down, certain that this time there's food at the end. The food is never there.

A high-profile criminal trial is the Story of Other at national scale. The public gets to point a blinding flashlight outward, at the accused, at the family, at the lawyers, at the judge. Everyone becomes the keynote speaker at the world conference on what's wrong with the people on the other side of the bench. Organizing your activation around a villain is genuinely satisfying. It's also a closed loop. Nobody inside it grows. Nobody inside it heals. A reversal simply reopens the loop and asks the public to run it again.

I've written more about how this dynamic plays out inside families specifically in a piece on the Kapur family trust battle, where a matriarch ran a family rupture all the way to the Supreme Court of India and the press read it as a corporate governance story. It wasn't. It almost never is.


Read the full piece, and join the waitlist for my book, at empathi.com.


The Compass of Shame and the Family That Can't Be Looked At

When a powerful family gets exposed by a public proceeding, the response inside the system tends to spin along what Nathanson and Tomkins mapped as the Compass of Shame. Four directions. Denial. Collapse. Attacking other. Attacking self. A body facing annihilation rotates between these poles, looking for any heading that lets it survive being seen.

Shame isn't a feeling. Shame is a biological event. The system drops altitude so fast the thinking brain can't catch up. The most common protective move, especially inside families organized around legacy and status, is attacking other. The defense aims outward. The story becomes the failures of the prosecutors, the bias of the court, the unreliability of a witness, the conduct of a clerk. Some of that may be procedurally true. None of it touches what's happening inside the family.

There's a line from the source material I keep circling back to. Everything happening in a family, no matter how carefully it's hidden, lands in the children. Everything. Families assemble what's sometimes called a Family Ego Mass, a warm fog of enmeshment that hides addiction, shame, financial pressure, and the secrets nobody is allowed to name, all under a polished surface. We get taught not to believe what our own senses tell us. We survive by maintaining the illusion. Until something breaks the system open, and even then, the protector parts don't retire. They escalate.

I'm not claiming any of that is what happened inside this particular family. I'm saying it's the pattern I see in much less famous families every week, in my office, when a long-buried secret finally surfaces and the system tries to refuse what is now in plain view.

Two Truths, One Loop

The legal system demands binary outcomes. Guilty or not. Plaintiff or defendant. Custodial or non-custodial. It runs on what I call the Versus Illusion, the courtroom's insistence that one party prove the other is wrong.

Inside human systems, that's almost never the actual shape of the problem. Every conflict carries two truths. Your truth makes sense. Their truth makes sense. Two truths. One loop. No villains.

That framing applies more cleanly inside intimate relationships than inside criminal cases involving alleged violence, and I want to be careful with the distinction. I'm not collapsing the moral asymmetry of a homicide into a both-sides framing. I'm pointing at the wider pattern. When a court hands down a verdict, the body of the bereaved often gets told something has been settled. When the same court reverses, the body gets told the settlement was provisional. The instrument is asking the survivor's physiology to track the procedural status of their own grief. The body can't do that. It doesn't file in segments.

This is the same mechanism I see inside high-conflict divorces, which I wrote about in the Bevin piece on judicial bias claims. A spouse in attachment panic reaches for the most authoritative figure in the room and demands that figure validate the story. When the figure won't, the panic escalates. The court appearance becomes the wound's new home.

What the System Cannot Settle

Let me say the clinical thing as plainly as I can.

No verdict, no appellate ruling, no settlement, no piece of paper from any court at any level in any jurisdiction has ever closed a wound the body is keeping open. It can't. The tool wasn't built for the job.

The court can deliver consequences. It can name responsibility. It can order restraint, divide assets, set custody. None of that is nothing. For some survivors, the public naming of what happened is genuinely necessary, and I won't minimize that. What the court can't do is provide the settling, the witnessing, and the safety an alarmed survival response actually needs in order to integrate what it has lived through. That work happens in a different room, with a different kind of attention, on a different timeline.

When the headlines reopen a verdict, the survivors I sit with don't need a procedural explanation. They need their body met by someone who can stay present with what just got unbolted. That's the work. That's what no appellate finding can deliver and no comment thread can replace.

Application: When the News Cycle Reopens Your Own Case

If you're reading this from inside your own version of this, your own reopened motion, your own reversed expectation, your own moment when the thing you thought was settled suddenly isn't, the first move isn't legal. It's somatic.

Find the ground under your feet. Notice your breath. Notice the temperature of the room. Notice that the news on the screen isn't actually happening to your body in this moment, even if your body can't tell the difference. Then ask yourself what the verdict, or the reversal, or the filing, was supposed to do for you that it hasn't done. Be specific. Was it supposed to make you matter. Make the harm count. Confirm you weren't crazy. Confirm you were loved.

Whatever the answer is, that's the actual case. The court was never the place it was going to be tried. I've written more about how this plays out for parents specifically in pieces on what to do when your ex won't follow the custody schedule and when a new partner enters the custody picture. The pattern is the same. The legal instrument is a stand-in for an emotional debt the legal instrument was never going to clear.

What To Do Next

If a headline this week pulled something open inside you that you thought had been put away, that's information. It's not a sign that you've failed to move on. It's a sign the original wound was never settled, only sedated.

The work isn't to litigate the case harder. The work is to give the wound the kind of attention the wound was always asking for. A settled body across from you. Someone who can stay present while you finally let what's true rise up through you. That's the actual settlement.


Read the full piece, and join the waitlist for my book, at empathi.com.


The court will reopen what it reopens. It will close what it closes. None of that's in your hands. What's in your hands is whether you keep handing your wound to an instrument that can't hold it. Stop handing it over. Bring it home. That's where the real case gets heard.

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