Murdaugh judge allows defense DNA testing Friday, rejects ballistics request
A South Carolina judge on Friday let Alex Murdaugh's lawyers run their own tests on the remaining DNA samples before his murder retrial. Judge Debra McCaslin turned down a defense request for broad ballistics data. The retrial is set to begin on April 5, 2027.
A South Carolina judge ruled Friday that Alex Murdaugh's defense can do its own testing on the remaining DNA samples in his double murder case, but she denied a defense request for wide-ranging ballistics data, WIS and Fox News reported.
Murdaugh was convicted in 2023 of killing his wife, Maggie, and son, Paul. The South Carolina Supreme Court later overturned the convictions, Fox News reported. He has maintained his innocence, and his retrial is set for April 5, 2027, in Sumter County, WIS and Fox News reported.
Prosecutors had asked Judge Debra McCaslin to block the defense testing, arguing it could use up the last of the DNA samples and leave none for either side, WIS and Fox News reported. The samples are fingernail clippings from Maggie Murdaugh and swabs taken from her cellphone, The Post and Courier reported. McCaslin sided with the defense. She cited due process and the right to a "full and complete defense," Fox News reported. The defense said the testing would likely take about 90 days.
The defense had asked the South Carolina Law Enforcement Division to check bullets from every shooting it has investigated since 2021 for a match, WIS reported. McCaslin denied the request. Fox News reported that she called the theory linking the murder weapon to another crime speculative.
McCaslin also corrected the record on a claim by defense lawyer Dick Harpootlian that Murdaugh had passed a polygraph test. She said Murdaugh failed that test, which was about his financial crimes, and that he has never taken a polygraph about the killings, WIS and Fox News reported.
The judge scolded both sides over their evidence fights. "I'm going to tell y'all, this trial is going April 5th, whether you like it or not," McCaslin said, according to WIS. Fox News reported that she said she "will not allow these proceedings to become a circus."
The next pretrial hearing is set for November 13, WIS reported.
What we know: The defense can test the remaining DNA samples, its ballistics request was denied, and the retrial is set for April 5, 2027.
What we don't: What the new DNA testing will show and whether it will be used at trial.
Where outlets agree WIS and Fox News report that Judge Debra McCaslin let the defense test the remaining DNA samples, denied its ballistics request and said Murdaugh failed a polygraph tied to his financial crimes.
Where they differ The outlets cited here report the same key facts so far.