Attorneys representing Alex Murdaugh have submitted a motion requesting that a judge compel South Carolina prosecutors to provide crucial forensic evidence. This includes unidentified male DNA found under the fingernails of Maggie Murdaugh, which the defense claims the state crime lab did not fully examine.
The 93-page document filed by Murdaugh’s legal team on Friday seeks not only this DNA evidence but also ballistics information and raw data from a 3D laser scan of the Colleton County crime scene.
Murdaugh’s attorneys argue that the state is delaying the process, which they believe could undermine the defense’s ability to prepare for trial.
The filed motion states, “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 defense asserts that the state’s inaction shouldn’t create unnecessary delays.
Previously, Murdaugh’s defense team had asked for DNA evidence found beneath Maggie Murdaugh’s fingernails to be sent to Othram, Inc. After Othram conducted testing, the defense claimed more testing is necessary to extract a male DNA profile that the state lab identified but failed to pursue adequately.
Moreover, they contend that a partial DNA profile from swabs on Maggie’s phone should undergo additional testing.
Defense attorneys are also seeking a comprehensive list of shootings in the counties close to the crime scene where .300 Blackout casings or projectiles were found, along with relevant details for each incident. Additionally, they want the raw data from a 3D laser scan conducted by SLED of the crime scene, since prosecutors previously submitted only a read-only viewer file.
The defense claims that the prosecutors have inconsistently described the murder weapon. At Murdaugh’s 2023 trial, the state maintained that the .300 Blackout rifle was relatively uncommon and pointed to the family’s firearms. However, they now characterize it as one of the most commonly used AR cartridges in the nation.
Defense attorneys argued, “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.” They expressed frustration that the state has tested evidence in its preferred order and without notifying the defense, yet now proposes restrictions on the defense’s ability to do the same.
A former prosecutor and current Fox News contributor, Joshua Ritter, suggested that Murdaugh’s request for further DNA testing might be risky. He commented, “I think it’s probably better left alone by the defense…” emphasizing the potential for the prosecution to retaliate by questioning the defense’s own handling of the evidence.
Murdaugh was convicted in 2023 of murdering his wife and son at the family’s property in Colleton County. However, the South Carolina Supreme Court later overturned those convictions due to jury influence by a former court clerk. His retrial is scheduled to commence on April 5, 2027.
Fox News Digital has reached out for comments from SLED and Attorney General Alan Wilson.
