Alex Murdaugh's Defense, Prosecutors Prepare for Pretrial Evidence Clash

Prosecutors and defense attorneys for Alex Murdaugh are scheduled to appear in court Friday for a hearing where disputes over evidence are expected ahead of his murder retrial next year. Murdaugh, 58, is slated to stand trial again in April for the June 2021 shooting deaths of his wife, Maggie, and younger son, Paul, at their Colleton County home.

His convictions were overturned earlier this year by the South Carolina Supreme Court, which cited influence from a court clerk who instructed jurors to observe Murdaugh's body language during his testimony. Murdaugh is currently serving a lengthy prison sentence after pleading guilty to stealing from clients.

Key evidence disputes are anticipated regarding whether defense DNA experts can test remaining genetic material found under Maggie Murdaugh's fingernails. Both sides are also expected to argue over the disclosure of ballistics and other evidence from shootings in eight surrounding counties that involved the same type of firearm as one of the weapons used in the killings.

Additionally, Murdaugh's defense team wants to determine if prosecutors have convened a grand jury to investigate a police officer who was reportedly friends with Murdaugh. Defense attorneys have suggested this officer may have arrived at the Murdaugh home before other law enforcement and could have assisted in concealing bloody clothing or the murder weapons, neither of which have been recovered. This line of questioning is significant because prosecutors argued in the initial trial that Murdaugh acted alone, a claim the defense says another person's involvement would cast doubt upon.

Prosecutors have declined to confirm the existence of such evidence, citing legal restrictions on disclosing grand jury proceedings.

The pre-trial proceedings have seen increasingly contentious filings from both sides. Prosecutors have accused the defense of making “brazen and highly prejudicial falsehoods” in public filings, while the defense expressed frustration over the delayed release of data, stating, “The defense is glad to hear it. It wishes only that the State had said so a month ago.”

While these pre-trial hearings are taking place in Lexington County, Murdaugh's retrial has been moved to Sumter County. Judge Debra McCaslin cited the extensive publicity surrounding the case in Colleton County as a reason for potentially preventing a fair retrial.

Murdaugh will remain incarcerated regardless of the outcome of his upcoming murder trial. He is serving a 40-year federal sentence and a concurrent 27-year state sentence for financial crimes related to stealing approximately $12 million from his clients.