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Alex Murdaugh wants murder indictments dismissed, saying agent lied to grand jury
Lawyers say lead investigator gave grand jurors false evidence as prosecutors argue probable cause still supported the indictment.
Attorneys for Alex Murdaugh asked Judge Debra McCaslin on Friday to dismiss his double-murder indictment, citing incorrect grand jury testimony from lead investigator David Owen regarding blood spatter evidence.
Defense lawyers contend Owen testified to grand jurors that blood spatter was found on Murdaugh's T-shirt when no blood spatter was actually detected on his clothing.
Prosecutors argue "a single mistake is not bad faith" and maintain ample probable cause exists; Owen was also involved in a separate murder case dismissed last year for failing to disclose evidence to attorneys.
If Judge McCaslin grants the dismissal, prosecutors may seek new grand jury indictments as soon as next month; the retrial for murders of Maggie Murdaugh and Paul Murdaugh remains scheduled for April 5 next year in Sumter.
This retrial follows the South Carolina Supreme Court's decision to overturn the original 2023 conviction after ruling that former Colleton County Clerk Becky Hill improperly influenced jurors against the defendant.