Disgraced legal scion Alex Murdaugh received two significant legal victories Friday as he prepares for a second trial in the murders of his wife, Maggie, and son, Paul. A judge ruled that the retrial must be moved out of Colleton County and granted his defense team permission to test DNA found under Maggie Murdaugh's fingernails.
Circuit Court Judge Debra McCaslin agreed with the defense's argument that extensive publicity and the conduct of the former clerk of court, Becky Hill, had tainted the jury pool in Colleton County, making a fair trial there impossible. "I believe the defendant cannot receive a fair and impartial trial in Colleton County," McCaslin stated, ordering the trial moved. She did not specify a new location, reserving that decision for a written order. Murdaugh's lawyers are pushing for Charleston, while prosecutors have proposed other locations across the state.
In a separate win, McCaslin permitted independent DNA testing of a sample found under Maggie Murdaugh's fingernails. The sample is reportedly 99% Maggie's DNA and 1% male DNA from an unknown individual. Murdaugh's legal team wants the genetic genealogy lab Othram to analyze the sample, a move they argue could help establish the presence of another man at the scene on the night of the murders. The prosecution did not object to further testing but cautioned that it would deplete remaining state resources and requested the work be conducted concurrently with the South Carolina Law Enforcement Division's (SLED) own scientists. Judge McCaslin ordered the defense to quantify the sample before proceeding with genealogy testing, with work to begin immediately.
Murdaugh, who was convicted of the murders in 2023 and sentenced to life in prison, had that verdict overturned in May by the South Carolina Supreme Court. The court cited jury tampering by Becky Hill, the Colleton County clerk of court, who was allegedly motivated to boost book sales. He was convicted of murdering his wife, 52, and son, 22, on June 7, 2021, at the family's hunting estate in Islandton.
Despite the victories, the judge ruled that Murdaugh's previous testimony from his first trial, including his admission of lying about his alibi, could be used against him in the retrial. The defense also sought to exclude evidence of Murdaugh's financial fraud schemes, which comprised a significant portion of the state's case in the first trial. The judge deferred ruling on how much of this evidence the new jury could hear until a later date.
Murdaugh appeared in court on Friday in street clothes, unshackled and in better spirits than during previous appearances. He was convicted of murdering his wife and son and is serving a combined 40-year federal sentence and 27-year state sentence for various financial crimes. His legal team is reportedly working the retrial pro bono due to a lack of funds. The next pre-trial hearing is scheduled for November 13 in Lexington.