Judge Criticizes Evidence Disputes in Alex Murdaugh’s Double-Murder Retrial

In Lexington, South Carolina, the judge in charge of Alex Murdaugh’s retrial for double murder expressed frustration on Friday over ongoing disputes between the defense and prosecution regarding evidence. She made it clear that she would not tolerate the proceedings turning into a “circus.”

During the hearing, Judge Debra McCaslin granted the defense a victory regarding DNA testing but turned down a broader request for ballistic information. She also addressed a previous statement by Murdaugh’s attorney, Dick Harpootlian, about a polygraph test. Harpootlian had claimed Murdaugh passed the test “with flying colors,” but McCaslin clarified that he actually failed that test, which related to financial matters rather than the murders themselves.

In 2023, Murdaugh was found guilty of killing his wife, Maggie, and son, Paul, at their Moselle property. The South Carolina Supreme Court overturned those convictions after determining that the former Clerk of Court had improperly influenced the jury.

The retrial is set to begin on April 5, 2027, and Murdaugh continues to assert his innocence regarding the killings.

McCaslin ruled in favor of the defense concerning DNA samples from Maggie Murdaugh’s phone, despite the fact that the analysis might exhaust the last of the testable samples. She emphasized the importance of due process and the right to a comprehensive defense, indicating that the DNA testing could take around 90 days. The defense team is not required to share the results with prosecutors unless they intend to use them during the trial.

On the other hand, she denied the defense request for a comprehensive list of crimes involving .300 Blackout ammunition since 2021. She deemed the defense’s theory that the murder weapon linked to an unsolved crime to be speculative and noted that creating such a list would be overly burdensome and could interfere with ongoing investigations.

While she turned down the request for the physical examination of shell casings from the crime scene, she did order the prosecution to provide raw data to the defense. She also instructed the state to provide 3D crime scene scan data by the upcoming Monday, stating that this would be the last opportunity for the prosecution to do so without additional requests.

The hearing concluded with Judge McCaslin issuing a state motion to clarify the facts surrounding Harpootlian’s claim about the polygraph test. She confirmed that Murdaugh had only taken a polygraph related to his concealment of assets, which he failed, reiterating that he has not undergone any test concerning the murders.

McCaslin reiterated that both sides need to be honest with the court, saying transparency is non-negotiable. She also ruled in favor of the prosecution regarding a request for evidence related to the disposal of the murder weapons, stating that the state only needs to disclose material that could be beneficial to the defense.

Murdaugh’s defense team had requested details about the handling and disposal of the murder weapons, citing various reports alleging the involvement of a local police chief shortly after the murders. However, these claims remain unverified. The police chief’s attorney has denied the allegations, emphasizing a commitment to clarifying the truth behind the rumors.

Former prosecutor Joshua Ritter described the allegations against the police chief as unfounded and a “wild goose chase,” suggesting that the judge is unlikely to pursue this line of inquiry further given the lack of concrete evidence.