Murdaugh retrial will not take place in Colleton County, judge says

COLUMBIA, S.C. (WIS) - Former Lowcountry attorney and accused killer Alex Murdaugh’s retrial will be heading to a different part of South Carolina.

During a hearing Friday in Lexington County, Judge Debra McCaslin did not choose a location for the retrial - but sided with the defense in that Murdaugh would not receive a fair trial if proceedings continued in Colleton County.

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.

Where will a retrial take place?

Murdaugh’s defense again argued Friday for moving the case to Charleston County, saying it’s the best logistical place to get a fair outcome. In a filing this week, the defense said it believes 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, 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.

Prosecutors, however, pushed back on Charleston as a new venue - saying that it would be too expensive and present significant logistical challenges. The state instead presented Spartanburg, Florence, York, Newberry and Lancaster counties as alternatives.

It’s unclear when a decision will be made on where the retrial takes place.

Murdaugh unshackled

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.”

Murdaugh entered the courtroom Friday without shackles and wearing a suit, as per McCaslin’s order.

Fight over prior testimony, evidence

McCaslin also ruled Friday that Murdaugh will be allowed to review evidence from prison, but under a number of conditions:

• Murdaugh must be under supervision while reviewing evidence
• He cannot keep any evidence in his prison cell
• Any laptops or files must be returned to attorneys immediately

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.

McCaslin said Friday that Murdaugh’s 2023 testimony will be allowed, but will also be subject to limitations.

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.

When is the next hearing?

The next scheduled pretrial hearing is set for Nov. 13 in Lexington County.

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