Murdaugh defense seeks dismissal of murder indictments ahead of retrial
Alex Murdaugh's lawyers asked a South Carolina judge to throw out the murder and weapons charges and limit evidence for a retrial, while prosecutors argue the case will likely proceed with reduced financial evidence.
Alex Murdaugh is scheduled to appear before Lexington County Circuit Judge Debra McCaslin on Friday for a pre-trial hearing that could determine whether his murder and weapons indictments are dismissed. The disbarred former lawyer’s defense team, led by Dick Harpootlian, argues that false physical evidence was presented to the grand jury and seeks to exclude testimony from South Carolina Law Enforcement Division investigator David Owen.
Former federal prosecutor Nathan S. Williams described the dismissal request as “a big ask” and “the explosive one, frankly, at this point,” noting that the motion challenges the validity of the indictments on grounds of alleged misconduct or false statements. He added that a ruling on the issue is unlikely on Friday and would require additional evidence and briefing.
The hearing follows a series of motions from both sides, including disputes over the admissibility of evidence related to Murdaugh’s alleged financial crimes, the use of his prior sworn testimony, and the scope of forensic testing. Prosecutors intend to introduce some of the financial-fraud evidence that was partially limited by the South Carolina Supreme Court after it overturned Murdaugh’s 2023 convictions.
"There will definitely be less" financial evidence than in the first trial, Williams said, adding that the exact amount remains an open question.
Murdaugh, 58, was convicted in 2023 of killing his wife Maggie and son Paul, but the convictions were vacated after the Supreme Court found that former Colleton County Clerk of Court Becky Hill had improperly influenced jurors. A new trial is set for April 2027.
The defense also requested additional DNA testing on evidence, such as material found under Maggie’s fingernails, and sought to move the retrial from Colleton County to Charleston County, arguing that extensive publicity and the prior venue’s issues would prevent a fair trial. Williams suggested a venue change is plausible and may be one of the more straightforward matters for the judge to decide.
Other unresolved issues include access to phone records, third-party guilt evidence, discovery rules, polygraph results, juror questionnaires, and protective orders for sensitive material.