CRIME & COURTS

LIVE FEED: Murdaugh Defense Asks Judge To Toss Murder Indictments

Friday’s pretrial hearing in Lexington County will focus on what grand jurors were told about a T-shirt and shotgun ammunition.

by JENN WOOD

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Welcome back to FITSNews’ live coverage of the Alex Murdaugh murder retrial. This morning, at a hearing in Lexington, South Carolina, Murdaugh’s attorneys will ask S.C. circuit court judge Debra McCaslin to throw out the indictments that have been in place since July 2022. At issue is what a Colleton County grand jury was told before it charged Murdaugh in the killings of his wife and son.

Murdaugh’s attorneys argued former S.C. Law Enforcement Division (SLED) agent David Owen gave grand jurors materially false testimony about purported blood spatter on Murdaugh’s shirt and shotgun ammunition recovered at Moselle. A November 2021 SLED lab report found no human blood on the cuttings it tested from the shirt, eight months before Owen appeared before the grand jury.

Prosecutors said the lab report was inadvertently left out of the materials initially provided to their bloodstain analyst and that he stood by his opinion after reviewing it. They also acknowledged an error in Owen’s shotgun testimony and argued that other evidence, including the video Paul Murdaugh recorded near the kennels shortly before the killings, supported probable cause.

Murdaugh’s attorneys asked for dismissal without prejudice. If McCaslin grants that request, prosecutors could take the case back to a grand jury and seek new indictments.

Murdaugh is awaiting his second trial in the June 7, 2021 killings of Maggie Murdaugh, 52, and Paul Murdaugh, 22, at the family’s Moselle property. The South Carolina supreme court overturned his 2023 convictions in May after finding that former Colleton County, South Carolina clerk of court Rebecca “Becky” Hill improperly influenced the jury. Jury selection for the retrial is set to begin April 5, 2027, in Sumter County.

Watch the hearing in the livestream above and follow our live feed below for key exchanges, rulings and analysis from the courtroom. Refresh this page for the latest updates.

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RELATED | Defense Seeks Dismissal of Indictments Over False Evidence

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THE FEED…

10:14 a.m. EST – In regards to evidence the defense needs to provide to their experts, Harpootlian indicates they have received most of what they’ve requested, but not everything. He clarifies that he does not believe the defense is intentionally withholding discovery, but that SLED is likely the “bottleneck.” Creighton acknowledges when it comes to discovery, “the buck stops here.”

Judge McCaslin replies, “The buck does stop with you.”

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10:09 a.m. EST – Sources inside the courtroom have indicated Murdaugh’s defense team have requested audio/visual equipment be available for them to present video to the Court.

10:07 a.m. EST – Despite having a deadline, the attorneys are already arguing about the specifics of the jury questionnaire. When noted that jurors will likely know what trial they are responding to based on the questions, judge McCaslin responds, “Well, I couldn’t imagine that they would think anything else.”

10:03 a.m. EST – The juror selection questionnaire is now being discussed. Judge McCaslin has set a “drop dead” date of completion of January 20, 2027 to give the clerk of court enough time to send to the jury pool.

10:02 a.m. EST – Judge McCaslin has taken the bench. Prior to hearing arguments on the motion, she has asked the defense to confirm that Othram has received the DNA. The defense confirmed.

9:55 a.m. EST – Welcome to our live feed!

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ABOUT THE AUTHOR …

Jenn Wood (Provided)

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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