COLUMBIA, S.C. (WIS) – Former Lowcountry attorney and accused killer Alex Murdaugh will be back in court Friday ahead of a possible retrial.
Murdaugh is scheduled to appear in Lexington County at 10 a.m. before Judge Debra McCaslin, who was appointed earlier this year to oversee retrial proceedings.
How we got here
Murdaugh was previously convicted of murder in the 2021 deaths of his wife, Maggie, and son, Paul.
Nearly three years after his high-profile trial, however, the South Carolina Supreme Court overturned the conviction and ruled that the case be tried a second time.
During a hearing in June, McCaslin set a tentative April 2027 date for Murdaugh’s retrial.
Regardless of the murder trial, Murdaugh is still serving a 40-year federal prison sentence for various financial crimes, of which he pleaded guilty to in 2024.
Murdaugh unshackled
It’s unclear what will actually happen in the courtroom on Friday. One thing that is for certain is how Murdaugh will appear.
McCaslin ruled on Aug. 10 that Murdaugh will be allowed to wear civilian clothes and be unshackled in all future hearings related to the murder case to protect his “presumption of innocence.”
Where will a retrial take place?
Among a flurry of motions filed ahead of Friday’s hearing were a move by Murdaugh’s defense to move a second trial out of Colleton County.
The defense instead wants a second trial to take place in nearby Charleston, saying that jurors in a larger city may be more likely to not have personal ties to the Murdaugh family or others involved in the case.
In an additional filing Thursday, Murdaugh’s defense used a ruling made in a civil case surrounding a 2019 boat crash that killed Mallory Beach, of which Paul Murdaugh was the driver.
A judge ruled on Aug. 12 that a civil lawsuit between Beach’s estate and the Parker’s Kitchen convenience store chain would be moved to Spartanburg County, out of concern that a fair trial would not be possible in Hampton County – which is part of the same judicial circuit as Colleton County.
The state, meanwhile, has pushed for a retrial to not happen in Charleston. Prosecutors have argued the move would be costly and present significant logistical challenges – specifically pointing out the tentative date would line up with the annual Masters golf tournament, which would further drive up prices in the area.
In its own filing, the state presented Spartanburg, Florence, York, Newberry and Lancaster counties as alternatives.
Fight over prior testimony, evidence
Murdaugh’s defense is also arguing against prosecutors using their client’s 2023 testimony in a retrial, claiming that financial evidence presented at the time compelled their client to take the stand.
In its ruling overturning his conviction, the South Carolina Supreme Court noted that the financial evidence should have been excluded from the murder trial. Murdaugh’s defense claims that including the 2023 testimony would be a violation of his Fifth Amendment rights.
The state, meanwhile, filed to obtain digital evidence from Murdaugh’s phone extracted in 2021 – evidence that the defense claims prosecutors already have. The state is also asking for the defense to hand over all other tangible objects they intend to use as evidence.
Murdaugh’s defense also asked for his indictments for murder be dropped ahead of the retrial, arguing that testimony that former SLED agent David Owen gave to the grand jury was inaccurate.
Can I watch Friday’s hearing?
WIS will provide a livestream of Friday’s proceedings starting at 10 a.m.
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