In a hearing on Friday, attorneys for former South Carolina attorney Alex Murdaugh urged Judge Debra McCaslin to throw out the original murder indictments that charge him with killing his wife, Maggie, and his son, Paul. The defense argues that State Law Enforcement Division agent David Owen, the chief investigator, provided false statements to the grand jury.
Background of the case
Murdaugh, 58, is already serving a life sentence after a South Carolina Supreme Court decision overturned his earlier convictions due to juror tampering. He now faces a retrial on the murder charges, scheduled for early April.
Prosecutors say the evidence against Murdaugh is extensive, including video from a kennel showing his voice at the scene, testimony about missing firearms, and financial motives tied to his extensive theft scheme. They contend that a single mistake by the investigator does not constitute bad faith.
Defense claims about the investigation
The defense contends that Owen told the grand jury that blood spatter was found on a T‑shirt Murdaugh wore on the night of the killings, a claim contradicted by earlier state reports that found no blood. Owen also alleged that the specific ammunition used to kill Paul Murdaugh was found loaded in weapons across the property, which prosecutors say is inaccurate.
Defense lawyer Jim Griffin emphasized that the alleged blood evidence is the only piece of physical evidence that could directly place Murdaugh at the scene, stating, “A phone call doesn’t put him there. The video doesn’t put him there. The blood from his murdered son sprang through the air — it’s raining back on him — puts him there.”
Prosecutors’ response
Prosecutors maintain that the case includes ample corroborating evidence, such as the kennel video, financial motives, and the pattern of theft that Murdaugh admitted to. They argue that the alleged investigative errors do not outweigh the totality of the evidence.
State Law Enforcement Division agent David Owen retired in 2024 after being honored as Officer of the Year, but his credibility is now under scrutiny following a prior case where a judge dismissed charges due to his failure to relay a suicide threat to prosecutors.
Judicial outlook
Judge McCaslin has not yet ruled on the defense’s request, promising a written decision next week. During the hearing, she asked prosecutor Creighton Waters if a new grand jury could be ready by April 5, to which Waters replied, “Your honor, I’m always working ahead.”
The outcome of the motion could shape the timeline and scope of the upcoming retrial, but even if the indictments are dismissed, prosecutors could seek a fresh grand jury indictment.
Original reporting: NBC Connecticut — read the source article.
