Murdaugh Defense Seeks Key Forensic Evidence for Retrial

Attorneys for Alex Murdaugh have filed a motion asking a judge to compel South Carolina prosecutors to release key forensic evidence, including unidentified male DNA found under Maggie Murdaugh's fingernails, which the defense claims the state crime lab did not fully test. The 93-page filing, submitted Friday, also seeks additional DNA and ballistics evidence, along with raw data from a laser scan of the crime scene in Colleton County.

The defense team accuses the state of deliberately delaying the release of this information, potentially jeopardizing their preparation for Murdaugh's upcoming retrial. "Every week the State withholds this material is a week taken from the preparation of the defense, and if the delay continues the defense may be forced to seek a continuance that Mr. Murdaugh does not want and that the Court has said it will not grant," the motion states.

Previously, the defense requested DNA evidence from Maggie Murdaugh's fingernails be sent to Othram, Inc. for testing. Following that testing, the defense asserted that further analysis is needed to recover a male DNA profile that they claim the state crime lab identified but did not thoroughly investigate. The defense also argues that a partial DNA profile from swabs on Maggie Murdaugh's phone requires additional testing.

In addition to the DNA evidence, the defense is requesting a list of all shootings in surrounding counties where .300 Blackout cases or projectiles were recovered, along with details of each crime. They are also seeking the raw data from a 3D laser scan conducted by the State Law Enforcement Division (SLED) of the crime scene. While prosecutors provided a read-only file in 2022, the defense contends that the raw data is necessary for reconstructing the scene.

The defense also pointed to what they describe as inconsistent statements from the prosecution regarding the murder weapon. They noted that the state argued at Murdaugh's 2023 trial that the .300 Blackout rifle was uncommon, suggesting it belonged to the family's collection. However, the defense claims the state now refers to it as one of the most popular AR cartridges nationwide.

"The State has had continuous and exclusive custody of every item of physical evidence in this case, including the biological material that is the subject of Part III of this motion, for more than five years," the defense argued in the motion. "It has tested what it wished to test, in the sequence it wished to test it, without notice to the defense and without the defense's consent. It now proposes that the defense may not do the same."

Joshua Ritter, a former prosecutor and Fox News Contributor, commented that Murdaugh's request for further DNA testing could be a risky strategy. "I think it's probably better left alone by the defense so that they can make that argument about this unknown male. 'Who is that? Why didn't the prosecution test it? Why didn't they do anything about it?'" Ritter said. "Maybe they're concerned that the prosecution could point the finger right back at them and say, well, you guys didn't test it either, you had it for as much time as we did."

Alex Murdaugh was convicted in 2023 of murdering his wife, Maggie, and son, Paul. His convictions were later overturned by the South Carolina Supreme Court due to jury tampering. His retrial is scheduled to begin on April 5, 2027.