Lexington, S.C. – State prosecutors filed a sharply worded motion on August 19, 2026 demanding that the record be corrected after defense counsel Dick Harpootlian claimed his client, former attorney Alex Murdaugh, “passed a polygraph with flying colors” regarding the 2021 murders of his wife Maggie and son Paul.
Prosecutors say the claim is categorically false
The filing states Murdaugh has never taken a South Carolina Law Enforcement Division (SLED) polygraph concerning the killings, let alone passed one. The only known government polygraph administered to Murdaugh was an FBI test in October 2023, which focused solely on his financial crimes and resulted in a failure.
Prosecutors emphasize that the FBI polygraph was conducted without the knowledge of the state attorney general’s office and was disclosed to the court for the first time on the same day the filing was submitted. The exam questioned Murdaugh about hidden assets and whether he admitted to stealing money from a client—issues tied to the multi‑million‑dollar fraud case for which he later pleaded guilty in both state and federal court.
Why the polygraph issue matters now
The dispute arose during a pre‑trial hearing for Murdaugh’s second double‑murder trial, presided over by Circuit Court Judge Debra McCaslin. Attorneys for both sides discussed a pending state motion to bar any mention of polygraph results before the jury, citing the inadmissibility of such tests in South Carolina and the controversy surrounding a failed SLED polygraph given to Curtis “Eddie” Smith in May 2022.
Smith, a longtime associate of Murdaugh, was questioned about whether he shot his wife and son or was present at the Moselle hunting property when the murders occurred. His polygraph indicated deception, but the results have never been presented to a jury.
Defense’s position and procedural concerns
Harpootlian asserted that Murdaugh had passed a polygraph administered by the same examiner who tested Smith, suggesting the result could be relevant to the upcoming trial. Prosecutors responded that the statement was false in every material respect: Murdaugh was never examined by the SLED polygraphers, was never tested on the murders, and the only government polygraph he took was the failed FBI exam on financial matters.
The filing also cites Rule 3.3 of the South Carolina Rules of Professional Conduct, which obligates attorneys to refrain from knowingly making false statements to the court and to correct material falsehoods. Prosecutors asked the judge to enter an order correcting the record.
Background on the murder case
Alex Murdaugh was convicted of murdering his wife Maggie (52) and son Paul (22) in June 2021 at the family’s Moselle hunting property in Colleton County. The convictions were overturned in May 2024 after the South Carolina Supreme Court found that former Colleton County clerk Rebecca “Becky” Hill improperly influenced the jury deliberations.
Since the overturn, Murdaugh faces a retrial on two counts of murder and two weapons charges. He also serves a 40‑year federal prison sentence, imposed in March 2024, for financial crimes that included stealing millions from clients.
Potential venue change
Separately, Harpootlian submitted a letter requesting that the retrial be moved from Colleton County to Richland County, arguing that the Murdaugh family’s long‑standing influence in the Fourteenth Judicial Circuit and extensive media coverage could prejudice jurors. The request follows an earlier effort to shift the case to Charleston County.
The court has not yet ruled on the venue motion or the request to bar polygraph references, leaving both procedural and substantive issues unresolved as the state prepares for another high‑profile trial.
Original reporting: FITSNews — read the source article.
