New motion in Murdaugh murders trial seeks DNA, gunshot residue and blood evidence

Attorneys for Richard "Alex" Murdaugh, the disbarred attorney accused of killing his wife and son, have filed legal motions accusing police of focusing on only one suspect, Murdaugh, and demanding the South Carolina Attorney General's Office turn over more evidence in the case.

Following an Oct. 14 motion calling for the state Attorney General to turn over results of lie-detector tests and other evidence, Murdaugh's criminal defense team filed a motion late Oct. 17 seeking evidence that includes DNA test results and analysis of gunshot residue, blood and cellphone geofencing data.

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The motions set the stage for a highly anticipated double murder trial that's to begin Jan. 23 in Colleton County.

Murdaugh, who was already facing more than 90 financial and drug-related charges, was indicted on July 14 for the June 2021 murders of his wife, Maggie, and son Paul.

What evidence do Murdaugh's attorneys seek?

Like last week's motion, Murdaugh's latest motion pertains to Rule 5 of the South Carolina Rules of Criminal Procedure, commonly referred to as a Brady motion. A Brady motion is a defendant's request for the prosecution in a criminal case to turn over any potentially exculpatory evidence that may be favorable to the accused.

This motion asks for several specific materials:

∎ Any and all DNA and gunshot-residue test results from Maggie and Paul's clothing.

The motion claims that the state has produced lengthy DNA and gunshot-residue reports from Murdaugh but not the victims, adding that if the victims' clothes weren't tested, the state must notify the defendant, as this "failure" would be "convincing evidence that the State's investigation has only been solely focused on the Defendant since the night of the murders."

∎ A gunshot-residue report on the specific number of particles found on Alex Murdaugh's shirt, shorts and hands.

The filing states Murdaugh's claim that he "retrieved a shotgun" while waiting for emergency personnel to arrive on the night of the murders, and it says only a low number of gunshot-residue particles were found on Murdaugh's shirt, shorts and hands. The motion seeks investigators' detailed analysis to determine if these low numbers are indicative of "transfer particles" consistent with Murdaugh's story and inconsistent with the state's theory that Murdaugh shot his son Paul at close range with a shotgun.

∎ Forensic analysis of multiple cellphones.

Following the murders, the state sent multiple cellphones to the FBI and the State Law Enforcement Division for forensic analysis. The motion states that the AG's Office has released hard drives of these phones but not copies of their forensic analysis, and the motion asks the court to set a deadline for these to be turned over to Murdaugh's defense for their own forensic experts' review.

∎ Complete autopsy files and notes.

The state has turned over an autopsy report and photos but not the pathologist's handwritten notes and diagrams, and the defense is demanding these be turned over so their pathologist can review them.

∎ Documents from the state's crime-scene expert, including final drafts of reports, photographs of forensic mannequins, and emails between SLED and the crime-scene expert.

∎ Documents and analysis of blood-stain analysis by all experts.

∎ Photographs of Maggie's cellphone when it was found by the side of the road by officers with the Colleton County Sheriff's Office and the 14th Judicial Circuit.

∎ SLED laboratory notes and forensic analysis of gunshot-residue data, fingerprints, tire marks and shoe prints.

∎ Copies of all recorded jail phone calls made by Murdaugh that the state intends to use as evidence.

∎ Polygraph test data on Curtis Edward Smith and three other defendants for the defense's experts' review.

∎ All audio and video recordings of Smith's interviews with SLED.

∎ Google "geofencing" search-warrant data taken of Moselle, the property where Maggie and Paul were found shot, and a nearby tract of land in September 2022.

∎ All SLED interoffice emails pertaining to this case.

∎ All relevant electronically stored data from the Colleton County Sheriff's Office and the 14th Judicial Circuit.

∎ Police bodycam-recorded interviews with Debbie McMillan and Grant Candor. The filing does not indicate who these people are or their possible connection to the murder case.

SC Attorney General's Office responds to latest motion

Murdaugh's motion, filed by attorneys Richard Harpootlian and Jim Griffin, demands that the state turn over these materials within 10 days.

Robert Kittle, spokesperson for the AG's Office, said prosecutors have received the filing and are preparing a response to both recent motions later this week, adding, "Our response is the same as our response to their motion Friday we’ve provided to the defense more than three-quarters of a terabyte of information. No Brady material will be withheld."

Judge Clifton Newman, who is presiding over the murder trail, has not filed a date to hear these motions in Colleton County.

As attorneys continue to gather information and prepare their cases, Murdaugh remains jailed in Richland County's Alvin S. Glenn Detention Center on a $7 million bond.

This article originally appeared on Greenville News: Murdaugh murders trial motion seeks DNA, gunshot and blood evidence