Alex Murdaugh double murder retrial begins
Fox News correspondent Steve Harrigan brings us the latest on the retrial of Alex Murdaugh, which has begun in Lexington, South Carolina. The defense team is fervently advocating for new DNA testing, particularly on samples found beneath Maggie Murdaugh’s fingernails. They argue that advances in technology could uncover crucial evidence that was previously undetectable. Currently imprisoned for financial fraud, Murdaugh is also requesting to appear in court in civilian attire to avoid potential bias from jurors.
The defense claims that prosecutors have just revealed that there are still some untouched reserve DNA samples related to the murder case. This revelation has sparked their determination to have these samples assessed by an independent laboratory prior to any additional examinations by South Carolina’s investigative team.
Defense attorneys highlighted a concern in their filing, stating that if the South Carolina Law Enforcement Division (SLED) proceeds with another round of short tandem repeat (STR) testing, it might use up or damage the remaining DNA. This would prevent Texas-based Othram Inc. from having the chance to conduct its own analysis.
According to a memorandum dated July 30, accessed by WSAV in Savannah, Georgia, and evaluated by News Media, Murdaugh’s legal team has petitioned a judge to pass the DNA samples to Othram before SLED carries out any further examinations.
The motion emphasizes the importance of the testing order, arguing that Othram’s particular method—single nucleotide polymorphism or SNP testing—requires DNA that remains untouched or untainted by previous analyses.
Disgraced South Carolina lawyer Alex Murdaugh was convicted in March of murdering his wife, Maggie, and youngest son, Paul, on his hunting estate in June 2021. (Andrew J. Whitaker/The Post And Courier via AP, Pool, File)
“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.”
The memorandum noted prosecutors disclosed “for the first time” that reserve DNA samples from Items 70 and 71 remain unprocessed.
The filing described a July 7 Webex conference involving defense attorneys, prosecutors, SLED forensic scientists and Othram CEO Dr. David Mittelman following a June 29 hearing to discuss the proposed testing.
Alex Murdaugh, convicted of killing his wife, Maggie, and younger son, Paul, in June 2021, sits during a hearing on a motion for a retrial, Tuesday, Jan. 16, 2024, at the Richland County Judicial Center in Columbia, S.C. (Tracy Glantz/The State via AP, Pool)
The defense further argued SLED had “articulated no scientific basis” for repeating testing already performed on the evidence. Attorneys wrote that another round of STR testing could permanently reduce the amount of DNA available for independent analysis.
“There is no scientific reason on the current record to consume additional reserve sample material to obtain a second STR result,” the filing states. “Absent some articulated basis for believing repeat STR testing will produce new or different information, the only apparent effect of allowing SLED to proceed is to consume irreplaceable sample material before Othram … has the opportunity to test it.”
The defense also renewed its criticism of SLED’s handling of forensic evidence, citing previous disputes over blood evidence recovered from one of Murdaugh’s T-shirts as further justification for independent testing.
Paul, Alex, Maggie and Buster Murdaugh at a sporting event. Alex, was convicted of fatally shooting his wife and son. (Facebook)
The memorandum estimated Othram could complete its analysis within 60 to 90 days at Murdaugh’s expense.
Last month, prosecutors urged a judge to reject Murdaugh’s latest requests for independent DNA testing and expanded access to electronic case materials while he remains in prison awaiting retrial.
In the June filings, prosecutors opposed two motions from Murdaugh’s legal team: one seeking independent DNA testing tied to evidence recovered from beneath Maggie Murdaugh’s fingernails and another requesting permission for Murdaugh to review case materials electronically while incarcerated.
The filings come as Murdaugh prepares for a second murder trial after the South Carolina Supreme Court overturned his convictions in May, finding former Colleton County court clerk Rebecca “Becky” Hill engaged in jury tampering that compromised his right to a fair trial.
Murdaugh was convicted in March 2023 of murdering his wife, Maggie, and son, Paul, at the family’s Colleton County hunting estate in June 2021. The jury also found him guilty of two weapons charges.