Columbia, S.C. – On Friday, a state judge signaled she may permit prosecutors to start a new grand‑jury process against former attorney Alex Murdaugh, whose 2023 murder convictions were recently overturned. Murdaugh’s defense team asked the court to discard the original indictments that accuse him of killing his wife, Maggie, and son, Paul, in 2021, claiming the State Law Enforcement Division’s lead investigator, former agent David Owen, presented false information to the original grand jury.
Background on the overturned convictions
Murdaugh, 58, was convicted in 2023 of murdering his wife and son and sentenced to life in prison. The South Carolina Supreme Court later vacated those convictions, finding that a court clerk had improperly influenced jurors. While the court ordered a new trial, the prosecution can simply present fresh charges to a new grand jury, a step Murdaugh’s lawyers say they do not intend to block.
Judge’s remarks and possible timeline
Judge Debra McCaslin did not issue a ruling on the spot, promising a written decision next week. Before adjourning, she asked prosecutor Creighton Waters, “If you had to go back to the grand jury, could you have it all done and ready to go by April 5th?” Waters replied, “Your honor, I’m always working ahead,” suggesting the state believes it can meet the April retrial schedule.
Allegations against the chief investigator
The defense’s challenge centers on two statements made by Owen during the original grand‑jury testimony. First, Owen claimed blood spatter was found on the T‑shirt Murdaugh wore the night of the killings. State lab reports, however, indicated no bloodstains on the shirt, and prosecutors never introduced such evidence at trial. Second, Owen testified that guns loaded with the exact combination of buckshot and large birdshot used to kill Paul Murdaugh were discovered throughout the family’s Lowcountry estate. Defense attorneys argue that claim is flatly untrue.
Prosecution’s response
Prosecutors counter that a single error does not constitute bad‑faith conduct and point to a “mountain of remaining evidence.” That evidence includes a cellphone video recorded by Paul Murdaugh minutes before his death, which captures Alex Murdaugh’s voice near the dog kennels where the bodies were found—directly contradicting his earlier alibi that he was elsewhere. Additional evidence cited by the state includes the family’s substantial debts, missing firearms that match the murder weapons, and the broader collapse of Murdaugh’s law‑firm embezzlement scheme.
Defense’s focus on forensic gaps
Defense attorney Jim Griffin emphasized the lack of physical forensic links, noting that investigators have not recovered the high‑powered murder weapons and that no blood or DNA was found on Murdaugh or his clothing despite the close‑range nature of the shootings. Griffin argued, “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.” He urged the court to “reboot – go back to square one.”
Potential impact on the case
If Judge McCaslin decides to toss the indictments, the state will likely present the case to a new grand jury, which could delay the April retrial but would not necessarily prevent it. The decision also threatens the reputation of former agent Owen, who retired in 2024 after being named State Law Enforcement Officer of the Year. A separate case he handled was dismissed last year when a judge learned Owen failed to disclose that a victim’s mother had reported a recent suicide threat from her daughter.
Regardless of the procedural outcome, the core evidence—financial motives, the recorded video, and the matching firearms—remains in the prosecutor’s file, and the state maintains confidence that the case against Murdaugh is strong.
Original reporting: Tampa Free Press — read the source article.
