LEXINGTON, SOUTH CAROLINA — Alex Murdaugh’s attorneys are returning to court on Friday, November 13, seeking to have the original murder indictments against the former South Carolina lawyer dismissed. The defence argues that the lead investigator misled the grand jury with disputed claims about forensic evidence in the 2021 killings of Murdaugh’s wife and younger son.
The motion places State Law Enforcement Division (SLED) agent David Owen under renewed scrutiny. Murdaugh’s lawyers contend that Owen gave grand jurors inaccurate information about bloodstain evidence on a white T-shirt Murdaugh wore on the night Maggie and Paul Murdaugh were killed, as well as ammunition allegedly found in shotguns on the family property.
Defence Challenges Bloodstain Evidence
According to the defence filings, Owen told the Colleton County grand jury that blood spatter from the victims had been identified on Murdaugh’s shirt. His lawyers argue that earlier laboratory and forensic findings did not support that account and say the state’s handling of the shirt raises serious questions about how the murder indictments were obtained.
The defence also challenges Owen’s statements about ammunition. Lawyers say he told grand jurors that shotguns containing ammunition combinations similar to those used in the killings were found around the Murdaugh property. They point to Owen’s later trial testimony acknowledging that his account about the weapons was not accurate.
The allegations are detailed in court filings and have not been established as findings by the judge. Court TV’s report on the defence memorandum outlines the disputed shirt and ammunition evidence, while WIS-TV’s examination of the filings notes that the defence’s interpretation of the evidence remains an allegation.
Prosecutors Reject Claims Of Fabricated Evidence
Prosecutors have strongly disputed the defence’s characterisation of the investigation. In a court filing, the state argued that it did not present false or fabricated evidence to the grand jury and maintained that the bloodstain assessment developed through additional testing and expert review.
The prosecution’s account, as reported by The State’s coverage of the state’s response, is that an initial outside assessment was followed by further examination and a later expert opinion identifying numerous stains as blood spatter. Prosecutors also argue that the shirt evidence was only one part of the information presented to the grand jury.
They have pointed to other evidence, including a video recorded by Paul Murdaugh shortly before the killings in which prosecutors say Alex Murdaugh’s voice can be heard at the family property. They have also cited the family’s financial pressures and the alleged discovery of Murdaugh’s extensive thefts from clients and his law firm as part of their theory of motive.
Why The Indictments Matter
Maggie and Paul Murdaugh were shot dead on June 7, 2021, at the family’s Moselle property in South Carolina’s Lowcountry. Prosecutors alleged that Murdaugh killed them as his financial misconduct was approaching exposure. Murdaugh has consistently denied murdering his wife and son.
He was convicted in March 2023 and sentenced to two life terms. However, in May 2026, the South Carolina Supreme Court’s order overturned the denial of his new-trial request and returned the case to the circuit court after concerns that a court clerk improperly influenced jurors during the original trial. The murder convictions and life sentences were consequently set aside, paving the way for a retrial.
Murdaugh remains imprisoned for separate financial crimes. He has admitted to stealing millions of dollars from clients and others, but those admissions are distinct from the murder charges he continues to deny.
Could A Dismissal Stop The Retrial?
Even if Judge Debra McCaslin grants the defence request to dismiss the original indictments, the move may not end the prosecution or significantly delay the next trial. Prosecutors could seek fresh indictments from a new grand jury, potentially allowing the case to proceed on a revised charging process.
The defence has indicated that it would not oppose prosecutors seeking new indictments if the original ones are dismissed. The retrial is scheduled to begin on April 5, 2027, in Sumter County, according to South Carolina Public Radio’s report on the motion.
For now, the central question before the court is whether the alleged inaccuracies in the grand jury presentation were serious enough to undermine the original indictments. The judge’s decision could deliver another significant setback to the investigation, but it will not by itself determine Murdaugh’s guilt or innocence.
Reporting sources: The Associated Press; Court TV; WIS-TV; South Carolina Public Radio; South Carolina Supreme Court.