WALTERBORO, S.C. (Court TV) — Attorneys for disgraced attorney Alex Murdaugh are fighting for access to DNA they say could point to the true killer in the case.
Alex Murdaugh sits during a hearing on Tuesday, Jan. 16, 2024. (Tracy Glantz/The State via AP, Pool)
Alex Murdaugh was sentenced to two life terms for killing his wife, Maggie Murdaugh, and son, Paul Murdaugh. The South Carolina Supreme Court overturned his sentence and convictions and ordered a new trial after finding that the then-Colleton County Clerk of Court, Rebecca Hill, had tainted the jury by making improper comments to the panel.
Alex Murdaugh’s attorneys are reexamining evidence from the first trial as they prepare for the second. They previously identified DNA found under Maggie Murdaugh’s fingernails that belonged to an “unknown and unrelated male.”
In a conversation about the DNA, “The State disclosed for the first time that reserve samples from Items 70 and 71 remain unprocessed,” Alex Murdaugh’s attorneys said. Item 70 refers to DNA samples taken from Maggie Murdaugh’s left hand. Item 71 refers to samples taken from her right hand. On the call, prosecutors allegedly said they planned to conduct additional DNA testing on both samples.
But Alex Murdaugh’s attorneys say they want an independent company to perform a different kind of DNA testing on the samples. While the South Carolina Law Enforcement Division (SLED) uses short tandem repeat (STR) testing, the lab identified by the defendant uses single nucleotide polymorphism (SNP) testing.
In a new motion asking for access to the DNA, filed on Thursday, Alex Murdaugh’s attorneys explained the difference between the two types of DNA testing, saying that STR only examines a limited number of specific locations along the genome to create a profile, while SNP testing examines “hundreds of thousands of genetic markers.” Alex Murdaugh’s defense said SNP testing can also examine degraded or trace amounts of DNA and enables analysts to compare the results across large public and consumer genealogy databases.
“SLED’s proposed STR retesting risks consuming the very material” needed to conduct the SNP testing, the motion argued. “While proceeding with … SNP analysis first forecloses no STR testing SLED might still wish to conduct afterward.”
Alex Murdaugh’s attorneys also questioned why SLED has an interest in retesting the DNA. “Defendant’s counsel specifically asked what scientific basis the State has for repeating STR analysis on samples that have already been subjected to STR testing. The State has offered no explanation.”
A judge has not yet scheduled any hearing on the issue.
