Alex Murdaugh’s lawyers have asked a South Carolina judge to dismiss the indictments accusing him of murdering his wife and son, arguing that the state’s chief investigator misled the grand jury.
The request comes as Murdaugh prepares for a retrial over the 2021 deaths of Maggie Murdaugh and their younger son, Paul. His original convictions and life sentence were overturned by the South Carolina Supreme Court after it ruled that a court clerk had improperly influenced jurors during the 2023 trial.
Judge Debra McCaslin did not rule immediately on the application, but said she would issue a written decision next week. Her question to prosecutor Creighton Waters suggested the retrial timetable could remain in place even if the indictments are dismissed.
“If you had to go back to the grand jury, could you have it all done and ready to go by April 5th?” she asked.
Mr Waters replied: “Your honor, I’m always working ahead.”
Prosecutors could seek new indictments if the current ones are thrown out, and Murdaugh’s defence team said it would not oppose that course. The retrial is due to take place in April.
Defence challenges evidence put before grand jury
The defence argues that State Law Enforcement Division agent David Owen made false assertions while seeking the indictments. Lawyers said he told the Colleton County grand jury that blood spatter from Paul was found on a T-shirt worn by Murdaugh on the night of the killings.
An earlier report by state agents said there were no blood stains, and prosecutors did not present such evidence at the original trial. Defence lawyer Jim Griffin said the claim was the only evidence heard by the grand jury that directly connected Murdaugh to the location and time of the killings.
“A phone call doesn’t put him there. The video doesn’t put him there,” Mr Griffin said. “The blood from his murdered son sprang through the air — it’s raining back on him — puts him there.”
The lawyers also said Mr Owen wrongly told the grand jury that the same combination of buckshot and large birdshot used to kill Paul had been found loaded in weapons across the family property. They said that was not the case.
Mr Owen’s conduct has previously been criticised in another murder prosecution. A judge last year dismissed that case after finding that he had not passed on to prosecutors or defence lawyers a report that the victim had threatened suicide days before her death. Mr Owen retired in 2024, shortly after being named State Law Enforcement Officer of the Year.
Prosecutors say other evidence supports murder charges
Prosecutors said the disputed evidence was an error rather than an attempt to undermine the proceedings. In court documents, they argued that “a single mistake is not bad faith”.
They said the grand jury also heard about a video recorded by Paul in which Murdaugh’s voice could be heard at the family’s kennels, contradicting his claim that he had not been there close to the time of the killings.
Other evidence included the family’s growing debts, guns missing from the property that could have been used in the attacks, and the alleged thefts from clients and Murdaugh’s law firm that prosecutors said were close to being exposed.
“This is what the agent understood at the time. And it’s ultimately not something that would cause a substantial effect on the grand jury or cast grave doubt when we look at all the other evidence that was presented,” Mr Waters said.
Prosecutors allege that Murdaugh killed Maggie and Paul in an attempt to generate sympathy and buy time to conceal his financial crimes. He denies being a killer, although he has admitted in court to theft, insurance fraud, being a bad lawyer and a long-term opioid addiction.
The defence has repeatedly highlighted the lack of physical evidence against him, saying no DNA or blood was found on Murdaugh or his clothing and that the weapons used in the killings were never recovered.
“What we’re asking, your honor, is to reboot — go back to square one,” Mr Griffin said.
Murdaugh remains in prison on separate sentences for financial crimes, meaning the outcome of the murder case will not determine when he could be released.
