Full Breakdown
Alex Murdaugh DNA Testing Approved as Judge Blocks Ballistics Request
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Core Hearing: DNA Testing Authorized, Ballistics Request Denied
On October 16, Lexington County Circuit Court Judge Debra McCaslin ruled that the defense may conduct independent DNA testing on the remaining swabs taken from Maggie Murdaugh’s cellphone and the fingernail clippings recovered at the 2021 crime scene. The order permits the defense to keep the results confidential and does not require the state to receive a copy. The same hearing denied the defense’s request for a “manual review” of South Carolina Law Enforcement Division (SLED) ballistic reports linking the .300 Blackout rifle used in the murders to other shootings.
Background & Context
Alex Murdaugh, a former personal-injury lawyer, was convicted in 2023 of murdering his wife, Maggie Murdaugh, and son, Paul Murdaugh, at their Moselle property. The South Carolina Supreme Court overturned those convictions on May 13, 2026, finding that former clerk of court Becky Hill improperly influenced jurors. A retrial is scheduled to begin April 5, 2027. Since the original trial, both sides have contested the handling of forensic evidence, prompting a series of pre-trial motions.
Official Statements & Responses
Prosecutor Creighton Waters argued that the state must retain a fair trial and that the limited DNA samples could be exhausted by additional testing, but he acknowledged the defense’s right to pursue potentially exculpatory evidence.
Defense attorney Phillip Barber contended that the unknown male DNA profiles found on the phone and under the fingernails could exclude the defendant and therefore merit further analysis, even though the testing will likely consume the last usable material.
Former federal prosecutor Neama Rahmani called the DNA-testing order a “big win” for the defense and noted that the prosecution still holds a strategic advantage because of prior statements made by Murdaugh at the first trial.
Data & Statistics
- The DNA samples consist of swabs from Maggie Murdaugh’s cellphone and three fingernail clippings.
- State analysts have identified at least three distinct male DNA contributors in the combined material.
- The defense estimates the testing will require roughly 90 days.
- Both parties agree that the testing will likely deplete the remaining sample, leaving none for post-trial analysis.
Criticism & Opposition
Former prosecutor Joshua Ritter described the defense’s pursuit of the ballistic records as a “wild goose chase” and warned that the focus on unknown male DNA could backfire if the profile matches an individual with a solid alibi.
Verbatim Quotes
- “Maybe it’s different male DNA. Maybe it’s the same. Maybe it’s red herrings ... But as we keep progressing from one hand to two hands and now the phone, you know, it’s starting to look less and less like a red herring,” — Phil Barber
- “I’m not going to make the state turn over stuff to you 3-4 times. If you can’t hold onto it then you got a problem,” — Debra McCaslin, judge
- “I rule that the defendant is entitled to conduct an independent DNA testing. Rule five clearly provides for the defense to do that. And although the state objects to the permanent consumption of the samples, I believe due process requires that a criminal defendant be afforded a meaningful opportunity to present a full and complete defense,” — Judge Debra McCaslin
What's Next
A further pre-trial status conference is scheduled for November 13, during which the court will address any remaining discovery disputes. Assuming no further delays, the murder retrial is set to commence on April 5, 2027 in Sumter County.
