Colleton County Circuit Court Judge Debra McCaslin is set to issue a written ruling next week on a defense request to throw out the original murder indictments against Alex Murdaugh. The former solicitor‑general and once‑prominent lawyer faces a retrial after the South Carolina Supreme Court vacated his 2023 convictions, citing improper juror influence by a court clerk.
Defense argues investigator lied to grand jury
Attorney James “Jim” Griffin, representing Murdaugh, argues that State Law Enforcement Division (SLED) agent David Owen gave false testimony to the grand jury. According to the defense, Owen told jurors 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 such stains. Griffin contended that this erroneous evidence is the only link tying Murdaugh to the scene.
Griffin also highlighted that Owen claimed the same ammunition load used to kill Paul Murdaugh was found loaded in weapons throughout the family’s property—an assertion the defense says is untrue. “A phone call doesn’t put him there. The video doesn’t put him there,” Griffin said, emphasizing that the only physical evidence presented was the disputed blood claim.
Prosecutors defend the indictment
State prosecutors, led by Assistant Solicitor Creighton Waters, countered that the alleged mistake does not constitute bad faith. In court filings they noted a wealth of other evidence, including a video recorded by Paul Murdaugh that captures Alex Murdaugh’s voice at the scene, testimony about missing firearms that matched the weapons used, and documentation of the family’s mounting debts and fraudulent schemes.
Waters argued that the motive for the murders was financial: Murdaugh allegedly believed the sympathy generated by the deaths would buy him time to conceal his theft of millions from clients. “This is what the agent understood at the time, and it is ultimately not something that would cause a substantial effect on the grand jury when we look at all the other evidence presented,” Waters said.
Potential impact on April retrial
If the judge grants the defense’s motion, prosecutors could seek a new set of grand‑jury indictments, but the April 5 retrial date would likely remain unchanged. “If you had to go back to the grand jury, could you have it all done and ready to go by April 5th?” McCaslin asked Waters during the hearing, indicating the timeline remains a priority.
Owen, who retired in 2024 after being honored as SLED Officer of the Year, has faced criticism in other cases. A judge previously dismissed a separate murder case involving Owen after a victim’s mother testified that Owen failed to relay a suicide threat made by her daughter.
Background on the Murdaugh saga
Alex Murdaugh, 58, is already serving decades in prison for a multiyear scheme that stole millions from clients and his own law firm. He has publicly admitted to being a thief, insurance cheat, and longtime opioid addict, though he continues to deny the murder charges.
The case has drawn national attention due to the Murdaugh family’s historic influence in South Carolina’s Lowcountry legal community and the dramatic nature of the alleged crimes. While the defense focuses on alleged investigative errors, prosecutors maintain that the totality of evidence supports the murder charges.
Judge McCaslin has not yet issued a decision, but her written ruling is expected next week. The outcome will shape the legal landscape for one of the most high‑profile criminal cases in recent South Carolina history.
Original reporting: NBC10 Boston — read the source article.
