LIVE FEED: Murdaugh Retrial Venue, DNA Disputes Before Judge

Getting your Trinity Audio player ready...

by JENN WOOD

***

Convicted fraudster and accused killer Alex Murdaugh will return to court Friday (August 14, 2026) as attorneys continue preparing for his second trial in the June 2021 murders of his wife and son.

Murdaugh is again facing two counts of murder and two weapons charges in connection with the killings of his wife, 52-year-old Maggie Murdaugh, and their younger son, 22-year-old Paul Murdaugh.

The pair were found shot to death near the dog kennels at the family’s Moselle hunting property in Colleton County, South Carolina, on June 7, 2021.

A jury convicted Murdaugh on all four charges in March 2023. The South Carolina supreme court unanimously overturned those convictions in May 2026 after concluding former Colleton County clerk of court Rebecca “Becky” Hill improperly inserted herself into the jury’s deliberative process.

The reversal did not acquit Murdaugh. It returned the case to circuit court for a new trial, which is scheduled to begin April 5, 2027. S.C. circuit court judge Debra McCaslin must now resolve a growing list of disputes that could significantly change the case presented to the next jury.

***

***

WHAT TO EXPECT…

Two of the most immediate questions involve where the retrial will be held and whether the defense may conduct independent DNA testing.

Murdaugh’s attorneys want the trial moved from Colleton County to Charleston County, arguing intense publicity and the family’s deep Lowcountry ties make it impossible to seat an impartial jury within the Fourteenth Judicial Circuit.

Prosecutors acknowledge the publicity is “undeniably unique” but argue careful jury screening can identify impartial jurors. They oppose what they call a “Charleston or bust” approach and have suggested Spartanburg, Newberry, Lancaster, York or Florence counties as alternatives.

McCaslin could also rule on the defense’s request for independent testing of DNA and other biological evidence. The defense says additional analysis is needed to evaluate SLED’s testing and unidentified genetic material, while prosecutors have raised concerns about preserving limited samples.

Other pending disputes include whether prosecutors may use Murdaugh’s prior trial testimony and whether the defense must turn over a cellphone extraction performed by its expert.

The defense is also seeking dismissal of the indictments over lead SLED investigator David Owen’s grand jury testimony about purported blood spatter on Murdaugh’s shirt. Owen later acknowledged his testimony was “not correct,” and the State presented no blood-spatter evidence at trial.

It remains unclear which motions McCaslin will decide Friday, though venue and DNA appear among the most likely to produce rulings from the bench.

This story will be updated throughout the hearing…

***

THE FEED…

10:48 a.m. EDT: Attorney Phil Barber is arguing this motion on behalf of the defense and starts by indicating at 10:23 a.m. this morning, Waters had told the court regarding another motion “This is a new trial”. Barber argues if it comes down to the numbers on the indictment, they have a pending motion to dismiss the indictments based on false information presented to the grand jury by SLED agent David Owen.

10:43 a.m. EDT: The State’s motion (.pdf) to allow the use of Murdaugh’s testimony from the first trial is up next. Judge McCaslin indicates she has done a lot of research on this issue. Waters is arguing on behalf of the State that the second trial is using the same indictments and therefore the same case. This renders the testimony admissible. The judge appears to agree with that statement. This is very likely why the motion to dismiss the indictments was filed by the defense.

10:41 a.m. EDT: Judge McCaslin says she is going to rule right now that there will be no mention of a polygraph in the trial. She tells Harpootlian that any mention of a polygraph in the presence of the jury will result in a contempt ruling.

***

@IndyJenn_ I love that apparently Murdaugh's counsel found out about the order allowing Murdaugh to dress normally from your reporting lol

— SC Docket Updates (@SCDocketUpdates) August 14, 2026

***

10:33 a.m. EDT: The motion in limine to exclude polygraph evidence (.pdf) is up next. This is a renewed motion that was filed prior to the first trial. Waters explains that polygraph evidence is not admissible in court and wants to ensure it isn’t mentioned in front of the jury.

Harpootlian responds “generally, that is correct” but there are circumstances under which a polygraph could be used. He is referring to the polygraph of Eddie Smith in which Smith was asked if he killed Paul and Maggie Murdaugh and failed… Whereas Murdaugh passed his polygraph.

10:28 a.m. EDT: Judge McCaslin has indicated at the request of the defense, she will gladly oversee the jury selection very carefully and says, “this trial will be on the up-and-up.”

???? #Murdaugh

We have not filed a report on the Allendale murder. There is a reference to it on our most recent 'Week in Review' episode. https://t.co/odn2JRG7RZ https://t.co/UVXYHZ5VL9

— FITSNews (@fitsnews) August 14, 2026

***

10:24 a.m. EDT: The judge has moved on to the motion (.pdf) for pre-voir dire jury questionnaires. All parties seem to agree utilizing this process worked well for the first trial and they will discuss the specifics by November 1, 2026.

***

10:22 a.m. EDT: For those interested, we discussed the Allendale murder on the Week in Review published on Saturday, August 8, 2026.

***

10:14 a.m. EDT: Waters responds regarding Smith and indicates the State has not entered into any plea agreement with him. Regarding the Colucci matter, Waters tells the court the judge dismissed the indictment without prejudice and there was no misconduct found on the part of SLED agent David Owen.

He indicates he has not heard anything about the shooting in Allendale and will check on it. Judge McCaslin tells the court that has certainly raised her eyebrows.

10:12 a.m. EDT: According to Griffin, the defense learned from recent reporting by the FITSNews team regarding a murder that occurred in Allendale County that is rumored to be tied to Murdaugh. He has asked for any and all files related to this murder investigation.

10:10 a.m. EDT: Griffin is now addressing the credibility of the two lead SLED agents involved in the investigation into Murdaugh. The defense would like personnel files for both individuals.

10:07 a.m. EDT: The judge has told the lawyers she plans to hear all of the motions today except for three. She has asked the State if there have been any problems with discover. Prosecutor Creighton Waters has indicated they routinely audit their discovery and is not aware of any issues.

Attorney Jim Griffin is addressing discovery issues on behalf of the defense and is referring to their Brady and Giglio motion filed this week. He specifically is addressing the State’s prosecution of Curtis “Eddie” Smith and states the State should tell the defense if they have entered into any plea agreement with Smith.

10:01 a.m. EDT: Judge McCaslin has just taken the bench. They are awaiting Alex Murdaugh’s arrival in the courtroom. Murdaugh will be unshackled and wearing plain clothes per the judge’s order (.pdf) earlier this week.

9:53 a.m. EDT: There are a lot of pending motions today. The two most likely to get a ruling from the bench are the motion related to DNA testing and venue transfer. All the motions being heard today can be found on our Murdaugh Retrial landing page.

9:48 a.m. EDT: Court should be starting shortly. The last hearing began around 10:00 a.m. FITSNews founding editor Will Folks is in the courtroom for the first part of the hearing while research director Jenn Wood runs the live feed from the media room.

9:01 a.m. EDT: The doors to the courtroom are opening shortly.

***

???? #Murdaugh

The doors of justice are about to open in Lexington, S.C. ahead of a key motions hearing in the retrial of confessed fraudster/accused killer Alex Murdaugh.

Team coverage incoming ? pic.twitter.com/70fwhBAatK

— FITSNews (@fitsnews) August 14, 2026

***

***

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.

***

SOUND OFF…

Got something you’d like to say in response to one of our articles? Or an issue you’d like to address proactively? We have an open microphone policy! Submit your letter to the editor (or guest column) via email HERE. Got a tip for a story? CLICK HERE. Got a technical question or a glitch to report? CLICK HERE.