Judge sets date for Alex Murdaugh retrial in double-murder case

Richard "Alex" Murdaugh is expected to stand trial for the murders of his wife and son for the second time in April, a South Carolina judge said.

After his first trial, Murdaugh was handed two life sentences in the deaths of wife Maggie, 52, and son Paul, 22, who were found fatally shot near dog kennels at the family's home on June 7, 2021. 

In May, the South Carolina Supreme Court overturned his murder convictions, citing improper jury communication and tampering by former Colleton County Clerk of Court Becky Hill.

Murdaugh, a prominent former lawyer, appeared in court June 29 for the first time since his murder convictions were overturned wearing an orange prison jumpsuit. Murdaugh's attorney indicated that the defense intended to hire eight new expert witnesses, and they would likely need about six months to get up to speed.

Judge Debra R. McCaslin set a tentative date for the retrial to begin on April 5, 2027. She said the court could change that date if it takes longer to prepare an independent DNA analysis requested by the defense, but warned attorneys she does not want a significant delay.

"If I need to extend it out a couple of weeks I will, if that's that case. Please do not think that this case is going to be tried a year later because it's not," McCaslin said. "We're going forward."

Judge denies Murdaugh's request for laptop, delays ruling on DNA and shackles

Defense attorneys Richard Harpootlian and Jim Griffin argued that Murdaugh needed a secure laptop in prison to view the evidence. Harpootlian argued that if the attorneys had to take boxes of evidence into prison and "babysit" the materials for hours with Murdaugh, then it might take the defense a year or more to get ready for the retrial.

Lead prosecutor Creighton Waters argued that the South Carolina Department of Corrections was "adamantly opposed" to an inmate having a laptop, and reminded the court that Murdaugh had already had his prison tablet privileges revoked once before for violating prison rules. 

McCaslin said she had called the prison warden, who told her he would not allow a laptop for safety reasons but would provide Murdaugh with a conference room where he could sit with his attorneys and view their computers.

"No other inmate has a laptop in their cell," McCaslin said, "I'm not going to allow him to have a laptop in his cell... the answer is no, I'm not going to allow it."

Harpootlian renewed his motion to have Murdaugh unshackled, saying that potential jurors were watching the proceedings and prosecutors were "parading him around like an animal in a jumpsuit." He asked Murdaugh to stand so the court could see the double layers of shackles and added, "He's not Ted Bundy."

Waters said shackling is a basic policy for convicted and pretrial inmates. 

McCaslin said she would issue an order later. The judge also said she would rule on Murdaugh's motion for independent DNA testing at the next pretrial hearing, scheduled for Aug. 14, because she needed to know how long the process would take. 

Griffin told the judge that DNA was found under Maggie Murdaugh's fingernails that was from an unknown male who was not related to Alex Murdaugh. The defense previously filed a motion to have this DNA independently tested, saying "no further analysis was attempted" by state investigators.

The judge instructed both parties to have their experts confer to determine whether there is still a viable sample of this DNA and how long it would take to conduct an independent analysis.

McCaslin said she would also give prosecutors time to respond to the defense's request to change the venue for the trial, and if that motion wasn't opposed, then both parties would be allowed to suggest alternate trial locations. If they could not agree, she would decide for them, she said. 

Will Alex Murdaugh be released from prison?

Even as the retrial gets underway, Murdaugh will likely not be released from prison anytime soon.

He is currently serving a 27-year sentence at the South Carolina Department of Corrections for state charges linked to a massive fraud scheme. Murdaugh has also pleaded guilty to federal fraud charges and was sentenced to 40 concurrent years for his financial crimes.