South Carolina prosecutors are actively working to block Alex Murdaugh’s recent attempts to re-evaluate evidence in connection with the murders of his wife, Maggie Murdaugh, and son, Paul Murdaugh. These efforts include a push for new analysis of DNA evidence found beneath Maggie Murdaugh’s fingernails.
New court documents reveal the state's opposition to two specific defense motions filed by the convicted former attorney. One motion seeks independent DNA testing of samples from Maggie Murdaugh's fingernails, while the other requests permission for Murdaugh to electronically review case materials while incarcerated.
These legal maneuvers unfold as Murdaugh's defense team prepares for a new trial. His murder convictions were overturned by the South Carolina Supreme Court in May, following a determination that the conduct of former Colleton County Clerk of Court Rebecca "Becky" Hill had compromised the jury.
Disputed DNA Evidence Testing
The core of the DNA dispute centers on SLED Item No. 70, identified in court filings as clippings from Margaret "Maggie" Murdaugh's left fingernails. Murdaugh's legal representatives contend that this sample contains DNA from an unidentified, unrelated male. They have requested that the sample be sent to Othram Inc., a forensic genetic genealogy company, for further testing at Murdaugh's personal expense.
Othram Inc., a Houston-based laboratory, gained significant recognition for its role in assisting authorities to identify Bryan Kohberger as the suspect in the 2022 quadruple homicide of four University of Idaho students.
Prosecutors have strongly objected to this request, asserting that the evidence has already undergone testing by the South Carolina Law Enforcement Division (SLED). This prior analysis, they explained, yielded a mixture of Maggie Murdaugh's DNA along with what the state described as a "very partial and incomplete" profile from another individual. According to prosecutors, this unknown profile lacked sufficient identifying information to be entered into CODIS, the national DNA database.
The state also sought to undermine the defense's theory that the DNA might indicate an unknown assailant. Prosecutors argued that trace DNA found under fingernails does not automatically imply a struggle, as such "touch DNA" can be transferred through routine contact, objects, or environmental factors. They further pointed out that Maggie Murdaugh had her nails professionally done on the same day she and her son, Paul, were killed.
Prosecutors maintain that Murdaugh's attorneys have not demonstrated whether the remaining sample is suitable for the proposed testing, what an external laboratory could achieve that SLED could not, or how additional testing would realistically produce valuable evidence. The state characterized the defense's request as unsubstantiated and driven more by a desire for "public consumption" than by the pursuit of viable forensic evidence.
During Murdaugh's initial status hearing on Monday, Judge Debra McCaslin did not issue a ruling on the DNA evidence, instructing defense attorneys to clarify the viability of the sample.
Access to Case Materials in Prison
Murdaugh’s legal team is also advocating for more convenient access to the extensive volume of case materials as they prepare for the impending retrial. His attorneys have proposed allowing him to utilize a secure laptop within the prison. This device would feature an encrypted, password-protected hard drive, with no internet or cellular capabilities.
However, prosecutors have argued that Murdaugh should not be granted unsupervised electronic access while incarcerated. They cited previous disciplinary incidents with the South Carolina Department of Corrections, including his misuse of a prison tablet and unauthorized use of another inmate’s PIN. The prosecution also referenced a past contraband issue during his original trial, involving a book allegedly passed to Murdaugh via defense staff and subsequently recovered from his cell.
Judge McCaslin addressed the laptop issue during Monday's hearing. She stated that the prison warden would not permit Murdaugh to keep a laptop in his cell due to safety concerns. The judge suggested an alternative, proposing that defense attorneys could bring a laptop to a conference room within the facility, where Murdaugh could review materials under supervision.
