Attorneys for Alex Murdaugh are urging a judge to allow an independent laboratory to analyze reserve DNA samples from his late wife's fingernails before South Carolina investigators conduct further testing. The defense team argues that the state's proposed testing methods could deplete or degrade the critical evidence, potentially hindering a more advanced analysis.

Murdaugh's legal team filed a memorandum on July 30, requesting that the reserve samples, identified as Items 70 and 71, be released to Othram Inc., a Texas-based laboratory, for single nucleotide polymorphism (SNP) testing. They contend that Othram's SNP analysis requires an undepleted genetic sample, which could be compromised if the South Carolina Law Enforcement Division (SLED) proceeds with its planned short tandem repeat (STR) retesting first.

"Because SNP testing requires a genetic sample that has not been depleted or degraded by prior analysis, the sequence in which the reserve samples from Items 70 and 71 are tested matters," the memorandum states. "SLED's proposed STR retesting risks consuming the very material Othram would need, while proceeding with Othram's SNP analysis first forecloses no STR testing SLED might still wish to conduct afterward."

Prosecutors recently disclosed the existence of these unprocessed reserve DNA samples for the first time. The defense has expressed skepticism about the scientific necessity of SLED repeating its prior STR testing, suggesting it could unnecessarily consume irreplaceable sample material. They have also cited previous disputes over SLED's handling of forensic evidence in the case as further justification for independent analysis.

Murdaugh was convicted in March 2023 of the murders of his wife, Maggie, and youngest son, Paul, on their Colleton County hunting estate in June 2021. His convictions were later overturned by the South Carolina Supreme Court in May, which cited jury tampering by the former court clerk as grounds for a fair trial violation. Murdaugh is currently serving time for financial crimes while awaiting a retrial.

The defense estimates that Othram could complete its analysis within 60 to 90 days, at Murdaugh's expense. Last month, prosecutors had opposed these requests for independent DNA testing, as well as a separate motion seeking expanded electronic access to case materials for Murdaugh while he remains incarcerated.