TRUE CRIME

Murdaugh Retrial Drama: Defense (Finally) Gets Crime Scene Scan

Murdaugh attorney receives one of the key files at the heart of an ongoing discovery dispute… but not before jumping through some video hoops.

by WILL FOLKS

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Attorneys for accused killer Alex Murdaugh were finally provided with raw data from investigators’ three-dimensional scan of the crime scene where the disgraced attorney allegedly murdered his wife and younger son on a warm, spring evening more than five years ago.

Murdaugh’s attorneys confirmed the receipt of the raw, digital crime scene data to FITSNews on Wednesday (October 21, 2026).

Presumed to be the least contentious unresolved discovery item in an ongoing pissing match between prosecutors and Murdaugh’s lawyers ahead of his April 2027 retrial, the handoff of this raw data proved to be quite the exercise in pedantry.

And amateur videography…

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To recap: Murdaugh was convicted of the June 7, 2021 murders of his wife, 52-year-old Maggie Murdaugh, and younger son, 22-year-old Paul Murdaugh, and sentenced to life in prison following a six-week trial in Walterboro, S.C. in early 2023. Those convictions were reversed, however, after the S.C. supreme court found numerous issues with the conduct of the trial – including allegations of jury tampering and potential jury rigging. Murdaugh is scheduled to be tried a second time in Sumter, S.C. beginning on April 5, 2027.

Lead prosecutor Creighton Waters – who has repeatedly accused Murdaugh’s lawyers of trying to manufacture discovery violations against his team – was apparently dead serious when he told S.C. circuit court judge Debra McCaslin last week that enhanced protocols would be in place for the handoff of any discovery materials.

These “enhanced protocols” were reportedly in full effect this week when defense attorney Jim Griffin received the FARO scan of the crime scene at Moselle – a sprawling hunting property near Islandton, S.C. owned by Murdaugh’s family. Paul Murdaugh was killed exiting a feed room next to the dog kennels on this property – while his mother was gunned down next to an old airplane hangar. Both structures have since been torn down by the property’s new owners.

Waters has steadfastly insisted his team has provided key discovery information to the defense repeatedly – up to four times in some cases – only to be accused in subsequent filings of having failed to provide it at all. Defense attorneys maintain prosecutors have failed to fully comply with their requests – especially as it relates to critical cell phone extractions.

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Murdaugh pre-trial hearing
Defense attorney Jim Griffin listens to statements during a pre-trial hearing for Alex Murdaugh at the Lexington County Judicial Center on Friday, October 16, 2026 (Pool)

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The back-and-forth between the two sides over these discovery issues drew a sharp rebuke from McCaslin during an emergency pre-trial motions hearing last week.

“I don’t want this tit for tat between y’all,” she told Waters and defense attorney Dick Harpootlian. “Y’all are lawyers. Y’all are professionals. This is court. This is not for soundbites.”

Waters confirmed last week that the state would have the FARO scan ready by the end of the day on Monday (October 19, 2026), but insisted the defense would have to agree to his “new procedures” in order to take possession of it.

“If they want all the proprietary stuff, we’ll give it to them… once processes are put in place,” Waters told the court.

Those processes were apparently in full effect this week. According to our sources, Griffin not only had to sign for the FARO scan – but was recorded on video taking possession of it.

The FARO scan request, in fairness to the defense, is a first-time ask. Murdaugh’s attorneys say their experts require the underlying data in order to independently examine the state’s reconstruction of the scene. Waters acknowledged the defense previously received scans with viewing software, not the ability to reconstruct the scene.

Prosecutors and defense attorneys are scheduled to appear before McCaslin again on November 13, 2026 to hear what’s expected to be a detailed motion to dismiss the murder indictments against Murdaugh. There’s also expected to be additional discussion of a secret grand jury convened by Waters which, at least in part, is reportedly investigating a local law enforcement cover-up of the crime.

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ABOUT THE AUTHOR…

Will Folks (FITSNews)

Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and eight children.

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