Alex Murdaugh retrial hearing targets financial crimes and DNA evidence
Murdaugh retrial raises new concerns and evidence
Fox News correspondent and prison protection lawyer Josh Ritter joins ‘America’s Newsroom’ to debate new evidence within the Alex Murdaugh retrial and to query the potential bias of the court docket clerk Becky Hill.
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Alex Murdaugh returned to court docket Friday for a pretrial hearing forward of his homicide retrial, and his attorneys opened up with a declare that the choose mentioned “raised my eyebrows.”
The disbarred lawyer appeared earlier than Circuit Judge Debra McCaslin at 10 a.m. in Lexington County for a pretrial hearing forward of his April 2027 retrial within the killings of his spouse, Maggie, and son, Paul.
Several motions and points have been mentioned, together with Murdaugh’s protection elevating a brand new potential ballistics concern. One of his attorneys, Jim Griffin, instructed the choose that his workforce realized by means of FITSNews reporting that weapons from a latest Allendale County homicide might have been related to the Murdaugh homicide case.
Prosecutor Creighton Waters instructed the court docket the declare was fully new to him.
ALEX MURDAUGH LAWYERS ALLEGE ‘FABRICATED’ EVIDENCE WAS USED TO SECURE MURDER INDICTMENTS
“I have never heard the first thing about that,” Waters mentioned, including that he communicates with SLED every day and had not been instructed of any such improvement.
“I will certainly look into that, but I would be flabbergasted to find out that actually had happened and no one had advised this office of that,” Waters mentioned.
McCaslin appeared struck by the allegation as nicely, telling Griffin, “As far as the murder in Allendale with the murder weapons, you certainly raised my eyebrows on that.”
Griffin argued that if investigators decided shell casings from the Allendale case matched these tied to the Murdaugh murders, the protection desires the underlying testing and investigative information. He mentioned such a discovering might elevate questions concerning the authentic ballistics evaluation or whether or not a firearm related to the Murdaugh case was later utilized in one other killing.
Alex Murdaugh is seen in court docket throughout a hearing on evidence and different points forward of his homicide retrial in Lexington, S.C., Aug. 14, 2026. (Tracy Glantz of The (Columbia, South Carolina) State/POOL)
Waters confused that he had not learn the FITSNews materials and mentioned he doesn’t typically comply with media protection of the case.
“I don’t watch the podcast and I don’t read the blogs because I try to base what I’m doing on the evidence and not on speculation that’s out there in the media,” Waters mentioned. “It would blow my mind if something like that had happened in SLED and not call me.”
I attempt to base what I’m doing on the evidence and not on hypothesis…
Waters later mentioned that SLED has now instructed him there is no such thing as a recognized ballistics match linking a .300 Blackout utilized in an Allendale County taking pictures to a different crime. Waters mentioned the firearm evidence from the Allendale case was entered right into a ballistics database however “there have been no leads or no matches on that.”
“I’m going to find out more and double check and we’re going to run this down,” Waters mentioned, including that SLED instructed him there have been “no leads or hits” involving the .300 Blackout used within the Allendale taking pictures.
Defense lawyer Dick Harpootlian mentioned the protection desires greater than a verbal assurance from investigators and stays skeptical of SLED due to points it has raised over the company’s dealing with of evidence within the Murdaugh case.
“I have never questioned Mr. Waters’ integrity,” Harpootlian mentioned. “But as a result of this case, I cannot help but question the SLED lab integrity and the SLED agency.”
WATCH: Prosecutor says rifle in Allendale taking pictures has no hyperlink to different crimes
The protection additionally raised the case of Michael Colucci, whose homicide cost was dismissed with out prejudice after his attorneys alleged the state withheld crucial exculpatory evidence.
Griffin famous that former SLED agent David Owen, the lead case agent in Murdaugh’s homicide investigation, was additionally concerned within the Colucci case and requested whether or not Owen was disciplined or sanctioned in consequence.
Waters mentioned he was not conscious of any discovering that Owen had been dishonest, however mentioned he would look into it additional.
The dialogue centered partially on prosecutors’ Giglio obligations, named for the 1972 U.S. Supreme Court decision Giglio v. United States. Under that ruling, prosecutors should disclose materials evidence that might be used to problem the credibility of a authorities witness, together with evidence of guarantees, agreements or different data that would present bias or have an effect on a witness’s credibility. The Supreme Court held that withholding materials credibility evidence can violate a defendant’s due course of rights.
WATCH: Murdaugh lawyer calls for Giglio materials on Eddie Smith
McCaslin additionally dominated on whether or not prosecutors might use Murdaugh’s testimony from his first homicide trial at his retrial, though she mentioned what parts will be launched will rely on the evidence admitted within the new trial.
“I think it’s pretty clear, a criminal defendant’s testimony from a first trial is admissible at a retrial in the same case,” McCaslin mentioned.
The protection argued Murdaugh’s determination to testify at his first trial was influenced by the admission of intensive evidence about his financial crimes.
McCaslin rejected that argument, however mentioned prosecutors won’t mechanically be capable to introduce all of his earlier testimony.
“If it’s not relevant, it’s not in,” McCaslin mentioned. “I’m going to allow it in, subject to what is being testified to in the trial.”
Harpootlian mentioned the protection “respectfully” disagreed with the ruling.
WATCH: Judge bans polygraph from Murdaugh retrial after tense conflict
McCaslin additionally dominated on polygraph outcomes, after Harpootlian argued the difficulty might change into related if Curtis “Eddie” Smith testifies.
He instructed the court docket Smith failed a polygraph when requested whether or not he killed Paul and Maggie Murdaugh and mentioned Alex Murdaugh handed one “with flying colors.”
McCaslin warned the protection that mentioning a polygraph with out first approaching her might danger a mistrial. Harpootlian joked that she ought to threaten him with contempt as a substitute.
“You don’t want me to hold you in contempt, Mr. Harpootlian,” McCaslin responded, later warning him to not begin “screaming polygraph” in entrance of the jury.
“I got it. I agree with you,” Harpootlian mentioned.
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Alex Murdaugh enters the courtroom for a pretrial hearing forward of his homicide retrial on the Lexington County Courthouse in Lexington, S.C., Aug. 14, 2026. (Tracy Glantz of The (Columbia, South Carolina) State/POOL)
McCaslin additionally mentioned she would personally oversee the jury-selection course of within the retrial. The first trial was thrown out after Colleton County Clerk of Court Rebecca “Becky” Hill was discovered to affect the jury for the responsible verdict.
Harpootlian requested the choose to instantly supervise how potential jurors are summoned and screened, repeatedly elevating issues stemming from the primary trial.
“Wherever this trial is going to be, I will certainly make sure that it is on the up and up. I can promise you that,” she mentioned.
Circuit Judge Debra McCaslin presides as attorneys argue motions forward of Alex Murdaugh’s April 2027 homicide retrial in Lexington, S.C., Aug. 14, 2026. (Tracy Glantz of The (Columbia, South Carolina) State/POOL)
Waters pushed again on options there had been issues with that portion of the primary jury-selection course of, saying there was “absolutely no evidence that there was any shenanigans with that part of the process.”
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It was certainly one of a number of points being mentioned in Friday’s hearing. McCaslin opened the hearing by saying she plans to take up all however three of the pending motions right this moment.
WATCH: Defense raises issues over jury choice course of in Murdaugh case
Next, the choose moved to having a third-party lab, Othram DNA, to independently take a look at DNA discovered from beneath Maggie Murdaugh’s fingernails.
Griffin mentioned earlier testing confirmed a mix that was about 99% Maggie Murdaugh’s DNA and 1% from an unknown male.
He mentioned the protection desires the personal lab Othram to conduct extra superior testing, together with SNP evaluation, in hopes of studying extra concerning the unidentified male DNA.
“We want to pay for it, and we want to get on with it,” Griffin instructed the court docket, saying that the testing might take 60–90 days.
Circuit Judge Debra McCaslin addresses attorneys throughout a pretrial hearing forward of Alex Murdaugh’s homicide retrial in Lexington, S.C., Aug. 14, 2026. (Tracy Glantz of The (Columbia, South Carolina) State/POOL)
Waters mentioned the state is keen to make evidence out there to the protection, however desires SLED to first course of and quantify the untouched reserve pattern and then cease earlier than extra testing.
“If we’re going to burn it, it needs to be burned in a fashion that is fair to both sides,” Waters mentioned.
WATCH: Alex Murdaugh case: Defense and prosecution debate DNA pattern testing in court docket
Griffin objected, arguing SLED has had the evidence for years and solely sought extra testing after the protection requested to look at it.
“They’ve had five years,” Griffin mentioned. “Now, because we asked to test it, they want to take control of our testing. I mean, that’s not fair.”
“I don’t have any faith they won’t screw this up,” Harpootlian mentioned. “Why don’t we have an independent right to examine the untested DNA?”
McCaslin centered on preserving sufficient materials for either side.
“You know, it’s not like a piece of paper. I can make a copy of it,” the choose mentioned. “It’s just such a little amount.”
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Following a brief morning break, Harpootlian started questioning his personal protection workforce member, protection lawyer Phil Barber, as a witness of their venue change request.
“Would you agree that parking is difficult in downtown Charleston?” Waters requested.
“I would agree that parking is difficult in downtown Charleston if you’re not permitted to parking,” Barber mentioned.
WATCH: Phil Barber testifies in Murdaugh request to maneuver trial to Charleston
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Throughout his questioning, Barber repeatedly mentioned that Charleston was no dearer than different elements of the Palmetto State.
“You don’t think the cost of living is higher in Charleston?” Waters mentioned.
“McDonald’s is the same price in Charleston as anywhere else,” Barber replied.
Harpootlian additionally famous that Murdaugh “was broke” and that the protection is acutely aware of the price of the retrial.
“And when I’m there [Charleston], not on business. Well, sometimes on business too. I stay at really nice hotels and eat at really nice restaurants but we won’t be for this. He’s broke,” Harpootlian mentioned. “He hasn’t had a job in four years and if he did have a job, the feds or the state would be seizing the money.”
Colleton County is poison…
“Colleton County is poison,” Harpootlian mentioned.
McCaslin dominated that the trial could be faraway from the Circuit and mentioned {that a} formal movement could be launched a later date.
“This ruling rests on four grounds. First, the exceptional rate of juror disqualification during the January 23rd jury selection. Second, the community prejudice arriving from the size of the county and the long-standing association between the defendant’s family and the 14th Circuit. Third, the South Carolina Supreme Court’s determination that the former Colleton County Clerk of Court improperly influenced the jury, depriving the defendant of his constitutional right to an impartial jury. And fourth, the form of publicity surrounding this case, there’s case law that says, I can’t transfer something just for publicity,” McCaslin mentioned.
“But with the four grounds that I’ve just stated, I am transferring it,” she mentioned.
Moving on to the final ruling, McCaslin dominated for in-camera proceedings from the earlier trial to be unsealed; jurors’ names shall be protected and redacted. She didn’t take up the three current motions, which embrace: the movement to unique evidence, the movement to confess evidence of motive, and the movement to dismiss the homicide costs.
The choose mentioned it might be too untimely to concern rulings and will plan to concern these rulings nearer to the retrial. The subsequent pretrial hearing shall be on Nov. 13 at 10 a.m.
WATCH: Alex Murdaugh retrial struggle heats up over homicide indictments, testimony and financial crimes
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Nathan S. Williams, a South Carolina federal prison protection lawyer and former Assistant U.S. Attorney who served as Criminal Chief for the District of South Carolina, instructed Fox News Digital a second trial adjustments the strategic panorama for Murdaugh.
“There is no surprising the government or the state at trial,” Williams mentioned. “He’s given his testimony, they can prepare infinitely now to cross-examine him.”
“That tends to be frankly more helpful for the state. I think they usually have a better chance on retrial,” he added, whereas noting that limits on a few of the state’s evidence might minimize the opposite method.
ALEX MURDAUGH’S DOUBLE MURDER CONVICTION UNANIMOUSLY OVERTURNED BY SOUTH CAROLINA SUPREME COURT
Murdaugh, 58, was convicted in 2023 of murdering Maggie, 52, and Paul, 22, on the household’s Moselle property in Colleton County in June 2021. The South Carolina Supreme Court later overturned the convictions after discovering that Hill improperly influenced jurors.
The excessive court docket ordered a brand new trial, however the retrial might look considerably totally different from the primary.
At Murdaugh’s first trial, prosecutors argued that years of theft and financial fraud have been closing in on him and that the killings have been an effort to distract from mounting scrutiny.
Lead prosecutor Creighton Waters seems in court docket throughout a pretrial hearing forward of Alex Murdaugh’s homicide retrial in Lexington, S.C., Aug. 14, 2026. (Tracy Glantz of The (Columbia, South Carolina) State/POOL)
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The South Carolina Supreme Court didn’t rule that every one evidence of Murdaugh’s financial wrongdoing was inadmissible, but it surely mentioned prosecutors had been allowed to go too far into the main points throughout the first trial.
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Williams mentioned he expects the quantity of financial evidence to shrink from the primary trial. He mentioned, “there will definitely be less,” including, “How much less I think will be a good question.”
Defense lawyer Dick Harpootlian represents his shopper, Alex Murdaugh, on Monday, June 29, 2026, at a standing hearing on the Marc H. Westbrook Judicial Center in Lexington, South Carolina. Murdaugh shall be retried within the June 7, 2021, taking pictures deaths of his spouse and son, after his authentic conviction was overturned on account of jury tampering. (Tracy Glantz/The State through Pool)
Murdaugh took the stand in his personal protection in 2023 and admitted mendacity to investigators about his whereabouts shortly earlier than Maggie and Paul have been killed. He denied murdering them.
Fox News Digital has reached out to the attorney general’s workplace and Murdaugh’s protection workforce for remark.