Alex Murdaugh’s defense lawyers have asked the court to allow an independent laboratory to examine fingernail DNA samples used in the murder case. The defense warned that additional testing by the South Carolina State Law Enforcement Division’s (SLED) crime lab could consume or degrade the DNA needed for SNP analysis by Texas-based Othram Inc.
In a memorandum filed with the court on July 30, the defense team stated that the testing order of backup samples from exhibits 70 and 71 is critical. The memo included: “Because SNP testing requires a genetic sample that has not been depleted or degraded by previous analyses, the testing sequence of backup samples from exhibits 70 and 71 is important.”
The defense argued that performing Othram’s SNP analysis first would not prevent SLED from conducting its own STR testing later, but that the reverse order could eliminate the chance for independent analysis. It was also noted that the prosecution disclosed “for the first time” that the backup DNA samples in question remained unprocessed.
Criticism of SLED’s Testing Methods
The defense asserted that SLED has provided no scientific basis for repeating tests previously conducted on the evidence. The memo stated: “Based on existing records, there is no scientific justification for consuming additional backup sample material to obtain a second STR result.” The defense also cited earlier disputes over blood evidence from one of Murdaugh’s shirts to underline the need for independent testing.
Case Background and Retrial
Alex Murdaugh was found guilty in March 2023 of murdering his wife Maggie and son Paul in June 2021 on the family’s hunting estate. However, the South Carolina Supreme Court overturned the conviction in May, citing improper conduct toward the jury by former Colleton County clerk of court Rebecca “Becky” Hill.
Murdaugh is currently in prison on financial crimes and awaits retrial. The defense estimates that the independent DNA test will be paid for by Murdaugh and that Othram could complete the analysis in 60 to 90 days.
Prosecution’s Stance
Last month, the prosecution asked the court to deny Murdaugh’s requests for independent DNA testing and access to electronic case materials. The prosecution also opposes Murdaugh’s electronic review of case files while incarcerated.
Murdaugh’s lawyers also want their client to be allowed to wear civilian clothes to prevent jury bias. The defense further noted that the proposed tests were discussed at a July 7 Webex meeting attended by prosecutors, SLED forensic scientists, and Othram CEO Dr. David Mittelman.