‘Flying Colors?’ State Disputes Alex Murdaugh Polygraph Claim

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by JENN WOOD

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South Carolina prosecutors are accusing defense attorney Dick Harpootlian of making a “categorically false” statement when he claimed his client – accused killer Alex Murdaugh – passed a polygraph examination related to the murders of his wife and son “with flying colors.”

In a sharply worded filing submitted this Wednesday (August 19, 2026), prosecutors said Murdaugh has never taken a polygraph examination concerning the June 2021 murders of his wife, 52-year-old Maggie Murdaugh, and their younger son, 22-year-old Paul Murdaugh — much less passed one.

According to the filing (.pdf), the only known law enforcement polygraph administered to Murdaugh was conducted by the Federal Bureau of Investigation (FBI) in October 2023. That examination dealt exclusively with Murdaugh’s financial crimes — and he failed it.

The filing came five days after a contentious pretrial hearing in Lexington, S.C. in front of circuit court judge Debra McCaslin, who is presiding over Murdaugh’s second double-murder trial.

Murdaugh is once again facing two counts of murder and two weapons charges tied to the graphic slayings of his wife, 52-year-old Maggie Murdaugh, and their younger son – 22-year-old Paul Murdaugh. Those murders took place on the evening of June 7, 2021 at the family’s Moselle hunting property in Colleton County, South Carolina.

Murdaugh was convicted of both murders in March of 2023, but those convictions were unanimously overturned by the South Carolina supreme court in May after the justices concluded former Colleton County clerk of court Rebecca “Becky” Hill improperly inserted herself into the jury’s deliberative process.

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During last week’s hearing, attorneys discussed a motion from the state seeking to prevent either side from mentioning polygraph examinations in front of the jury. The motion was prompted in part by a failed polygraph administered to Curtis “Eddie” Smith during the original investigation into the killings.

Smith — a longtime Murdaugh associate who allegedly cashed hundreds of checks for the disgraced former attorney — was questioned by S.C. State Law Enforcement Division (SLED) polygraph examiners in May 2022 about whether he shot his wife and son or was present when they were killed.

As the attorneys discussed Smith’s examination Friday, Harpootlian made a startling declaration.

“I will tell you Mr. Murdaugh passed a polygraph, flying colors,” Harpootlian said. “The same polygrapher. So, it may play a role in this trial.”

According to prosecutors, virtually every component of that statement was wrong.

“Defense counsel’s claim on the record at the hearing that defendant Alex Murdaugh passed a SLED polygraph as to the murders, much less any governmental polygraph on any subject, is categorically false and clearly said for no other reason than an attempt to prejudice this court and the public,” they wrote.

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‘Verifiably False’

Prosecutors said Murdaugh never submitted to a SLED polygraph before or after his first trial — whether about the murders or any other subject.

They also said the two SLED examiners who tested Smith never examined Murdaugh.

“The state has been made aware of an FBI polygraph that was given in October 2023 after the first trial to defendant,” prosecutors wrote.

According to the filing, the examination was conducted without the involvement or knowledge of the S.C. attorney general’s office. Prosecutors said the FBI provided the results to the state for the first time Wednesday — the same day the correction was filed.

That examination was not about the murders. Instead, prosecutors said Murdaugh was questioned about whether he had hidden additional assets and whether he had told another attorney he was stealing money — financial matters tied to crimes to which Murdaugh subsequently pleaded guilty in state and federal court.

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“Despite that, Murdaugh failed the FBI polygraph on financial matters with results showing Defendant was trying to use possible countermeasures against the test,” the filing stated.

Prosecutors said defense co-counsel acknowledged during a conversation Tuesday that they knew of no basis supporting Harpootlian’s claim that Murdaugh had passed a polygraph concerning the murders.

The filing also pointed to Rule 3.3 of the South Carolina Rules of Professional Conduct, which prohibits attorneys from knowingly making false statements to a court or failing to correct material false statements previously made.

Prosecutors asked the court to correct the record, arguing Harpootlian’s statement was false in every material respect: Murdaugh was not examined by Smith’s SLED polygraphers, was never tested about the murders and did not pass the one known government polygraph he took.

The defense had not filed a formal response to these assertions as of the publication of this article.

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RELATED | Failed Polygraph Jeopardizes Alex Murdaugh’s Federal Plea Agreement

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The Failed FBI Examination

The existence of Murdaugh’s failed FBI polygraph was first disclosed publicly in March 2024 — six days before his federal sentencing hearing.

As part of a September 2023 federal plea agreement, Murdaugh agreed to provide “full, complete, and truthful information” about all criminal activity known to him and to submit to a polygraph examination at the government’s request.

That examination followed four interviews conducted by federal prosecutors and the FBI as investigators searched for more than $6 million in assets that remained unaccounted for. Federal prosecutors subsequently told U.S. district court judge Richard Gergel that deception was indicated during both series of questions administered to Murdaugh.

The specific topics were not publicly identified at the time. Exhibits connected to the examination were sealed because they related to an ongoing federal grand jury investigation and allegations involving other individuals.

Wednesday’s state court filing appears to provide additional detail about those questions — identifying them as relating to hidden assets and whether Murdaugh told another attorney he was stealing money.

Federal prosecutors argued the failed examination constituted a breach of Murdaugh’s plea agreement and released the government from its obligations under the deal.

Gergel ultimately sentenced Murdaugh to 40 years in federal prison, to be served concurrently with his state sentences. The federal term provided an additional layer of incarceration regardless of the outcome of his upcoming murder retrial.

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The ‘Cousin Eddie’ Polygraph

The dispute traces back to a far different examination — the May 2022 polygraph administered to Smith.

That exam generated significant controversy after deception was indicated when Smith denied shooting Maggie or Paul and denied being present at Moselle when they were killed.

Murdaugh’s attorneys seized upon those results in an October 2022 filing, arguing SLED failed to adequately investigate Smith as a possible suspect.

Smith denied any involvement and insisted he was approximately 35 miles away when the murders occurred.

Polygraph results are generally inadmissible in South Carolina courts because of questions surrounding their subjectivity and reliability. In its latest filing, prosecutors cited the longstanding rule that “no mention of a polygraph test should be placed before the jury.”

Whether Smith’s examination — or any testimony surrounding it — can be raised during Murdaugh’s retrial remains before McCaslin.

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RELATED | Curtis Eddie Smith’s Failed Polygraph

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Defense ADDRESSES VENUE

Meanwhile, Harpootlian submitted a separate letter to McCaslin on Monday (August 17, 2026) proposing Richland County as an alternative venue for Murdaugh’s retrial.

The defense previously asked McCaslin to move the case from Colleton County to Charleston County, arguing decades of Murdaugh family influence within the Fourteenth Judicial Circuit — combined with the extraordinary publicity surrounding the case — would make it difficult to seat an impartial local jury.

Prosecutors have opposed what they characterized as the defense’s “Charleston or bust” position, suggesting several alternative counties farther from the Lowcountry.

Following concerns raised during Friday’s hearing about the costs of relocating the trial, Harpootlian told McCaslin the defense would recommend Richland County as its first alternative.

“The size of the potential jury venire is on a scale comparable to Charleston, thus giving a much greater opportunity to find an impartial jury,” Harpootlian wrote.

He also noted Richland County’s racial demographics are similar to Colleton County’s and said neither prosecutors nor the defense would need to secure hotel rooms for their attorneys, staff or SLED witnesses.

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Prosecutors apparently raised concerns that the Masters Tournament, scheduled during the first week of Murdaugh’s trial, could make accommodations in the Columbia area difficult to obtain. Harpootlian countered that witnesses would probably not need hotel rooms during the opening week because it would likely be consumed by jury selection.

Harpootlian also urged McCaslin to consider the expenses that would be imposed on Murdaugh’s defense team.

“It was Defendant’s constitutional rights, not the State’s, which were violated by the intentional conduct of Becky Hill, an elected state official,” he wrote.

Murdaugh’s original murder convictions were overturned by the S.C. Supreme Court in May after the justices determined former Colleton County clerk of court Rebecca “Becky” Hill improperly inserted herself into the jury’s deliberations.

Harpootlian argued it would be appropriate to shield Colleton County taxpayers from the costs associated with Hill’s conduct — but not by shifting “excessive and avoidable costs” onto Murdaugh.

The letter also claimed the defense attempted to resolve the venue dispute with lead prosecutor Creighton Waters after Friday’s hearing but received no response.

McCaslin has not yet announced where Murdaugh’s retrial will be held.

Jury selection is currently scheduled to begin April 5, 2027.

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THE MOTION…

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ABOUT THE AUTHOR …

As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.

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SOUND OFF…

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