LIVE FEED: Murdaugh Retrial Evidence Battles

by JENN WOOD

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Welcome back to FITSNews’ live coverage of the Alex Murdaugh murder retrial — where weeks of increasingly contentious filings have set the stage for another closely watched courtroom showdown.

South Carolina circuit court judge Debra McCaslin is scheduled to hear arguments today (Friday, October 16, 2026) at the Lexington County courthouse in Lexington, S.C. concerning access to evidence, independent forensic testing and records tied to the alleged disposal of the missing murder weapons.

Specific disputes will revolve around additional DNA testing, proposed ballistics comparisons, cellphone extraction files and original crime-scene scans. The defense is also seeking investigative records and judicial review of state grand jury material concerning an alleged crime-scene coverup.

Murdaugh is awaiting his second trial for the June 7, 2021 murders of his wife, Maggie Murdaugh, 52, and their younger son, Paul Murdaugh, 22. His 2023 convictions – and the life sentences he received in their aftermath – were reversed in May after the S.C. supreme court found numerous issues with the conduct of the trial including allegations of jury tampering and potential jury rigging.

Jury selection for Murdaugh’s retrial is scheduled to begin April 5, 2027, in Sumter County.

Watch the proceedings in the livestream above and follow our live feed below for courtroom updates, key exchanges, rulings and analysis throughout the hearing. Refresh this page for the latest updates.

For a closer look at the disputes heading into court…

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RELATED | Murdaugh Retrial: Evidence Fights Head To Court

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THE FEED…

11:47 a.m. EDT – Judge McCaslin, “So let let me tell you. I’m going to close with the last motion of the day that needs no response.” That motion is the motion filed by the State to correct the record regarding his statement in the last pretrial hearing that Murdaugh had passed a polygraph.

Judge McCaslin continues, “I will not tolerate this conduct going forward. When you make a representation to this court, I expect it to be truthful and accurate.”

“Further,

“This. case will be tried in a courtroom under the rules of evidence and the law, not in the press and not in the court of public.”

11:46 a.m. EDT – Following the November 13, 2026 pretrial conference, the Court has scheduled a pretrial conference on January 20, 2026.

11:43 a.m. EDT – Judge McCaslin tells the Court she agrees with Waters’ motion regarding the State Grand Jury investigation, “Mr. Waters, should you get to the point that Brady is triggered, you need to turn that material over.”

11:40 a.m. EDT – Judge McCaslin tells the Court during the November 13 hearing she plans to hear the defense’s motion to dismiss.

11:38 a.m. EDT – Judge McCaslin says, “Do not file a motion to compel. You’re better than that. Both of you are. I know both of you.”

11:37 a.m. EDT – The Court has begun discussing the cell phone extraction files. Barber tells the Court they do not yet have the files. Waters disputes this. McCaslin says, “y’all I’m not going to make the state turn over stuff three or four times.”

11:30 a.m. EDT – McCaslin has ruled that there is no sufficient basis for SLED to take an “unprecedented manual review” of the ballistics in the crimes with .300 Blackouts in areas in the Lowcountry.

11:18 a.m. EDT – In response to McCaslin’s question if there is any problem letting the defense expert look at .300 blackout cartridges collected from crimes in the Lowcountry, Waters goes on a tirade, “Well, I think that there are a number of problems, and I’d have to kind of work through those to begin with.”

Waters continues, “it would be one thing if they had some sort of connection between these crimes, other than the mere fact that the same caliber of commonly available ammunition was used in a geographic region that’s over 5,600 square miles, where over half a million people live, over a six-year period, that that’s just not sufficient.”

11:12 a.m. EDT – Harpootlian is arguing this motion on behalf of the defense. He tells the Court all the defense wants to do is have an expert compare those shells to shells from Moselle.

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Oh I love this judge ? “This trial is starting April 5 whether you like it or not” #Murdaugh

— ???? ?? (@brencxo_) October 16, 2026

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11:09 a.m. EDT – The Court has moved on to discuss the ballistics motion.

11:07 a.m. EDT – Judge McCaslin is done with the discovery issues. She tells the attorneys she is not ruling on a Motion to Compel, “I don’t want to see another motion. If I’ve got a problem, y’all can email me and say, ‘Hey, I’ve been waiting on this for about three days.'”

10:56 a.m. EDT – Harpootlian is explaining to the Court why they are so frustrated with discovery indicating just prior to the first trial, “On January 20, three days before the trial, they gave us 73 gigabits.”

Harpootlian continued, “But the most shocking thing to me was a report from an interview on September 15, 2021, of a federal defendant, a drug dealer.”

According to Harpootlian, the federal defendant’s name is Ryan Spencer, “I’m going to summarize it for you, but he was that he was making 15 to $20,000 a week selling prescription pills to the Murdaugh family.”

Harpootlian continues to drop bombs, “It wasn’t the Murdaugh family. It was the Murdaugh law firm. He never met with a Murdaugh. He met a guy named Eddie Smith.”

10:52 a.m. EDT – As the attorneys begin to argue the FARO data, judge McCaslin gets very frustrated, “I need to stop this. Okay, I’m gonna talk to y’all before we leave here today. This has got to stop. I don’t want this tit for tat back between lawyers, professionals. This is court. This isn’t a sound byte.”

10:49 a.m. EDT – McCaslin says, “The DNA sitting there at SLED. This is a very important case. They (the defense) have every right to test it, and I’m going to let them test it. It’s not doing the defense any good to let it sit.”

The State will only be entitled to the results if the defense decides to use them during the second trial. Barber tells the Court the testing will take 90 days.

10:43 a.m. EDT – McCaslin has ruled that the defense can test the DNA using Othram, “Due process requires that a criminal defendant be avoided a meaningful opportunity to present a full and complete offense.”

10:38 a.m. EDT — Waters says going forward the State will put into place some very strict discovery transfer protocol to ensure there is no additional communications issues regarding the transfer of information to the defense team.

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Judge McCaslin is a total bad ace. She is not taking any mess from defense or prosecution. Murdaugh Hearing…

— ChickenStillKickin (@Kicking_chicken) October 16, 2026

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10:34 a.m. EDT – Things are getting tense as judge McCaslin questions Phil Barber about what evidence he has received in discovery. McCaslin tells the attorneys, “I want to get all this stuff straight today.”

Creighton Waters tells the Court his rule is “err on the side of caution” when it comes to discovery.

10:26 a.m. EDT – Jim Griffin tells the Court that under Rule 5 — which governs discovery — if they do the testing, the State is not entitled to it if they do not utilize it for trial. Griffin notes that Othram will retain the sample until after the trial for the State to have for whatever is needed.

10:22 a.m. EDT – According to Barber, there is enough DNA to do the testing but “…because the leftovers are limited” there is enough to perform the test, but not multiple tests. Creighton Waters responds that they are most concerned about the “untested reserve sample”.

10:18 a.m. EDT – Barber tells the court the defense is aware that this could very well be a “red herring”, but they would like to do the testing on all three of the unidentified male samples from the crime scene. The testing would test the y-chromosome of the DNA.

10:14 a.m. EDT – Defense attorney Phil Barber is discussing the type of testing they are doing. According to Barber, Othram would be conducting a YSTR test. He indicates that they had asked the State’s expert during the first trial why they didn’t do that test.

10:10 a.m. EDT – Creighton Waters is arguing this motion on behalf of the State. He tells the Court the State is okay with continuing with DNA testing, but would like access to the results. Judge McCaslin has pushed him on one of the samples indicating their files had said there was an insufficient sample to test. She asks if that is still true.

10:09 a.m. EDT – Judge McCaslin has indicated she would like to discuss the FARO data, ballistics and DNA motions.

10:08 a.m. EDT – The Court has requested that the entire file be moved to Sumter County. Following the November pretrial hearing, all motions will be filed in Sumter.

10:04 a.m. EDT – Judge McCaslin is reviewing her ruling to have move the trial to Sumter County. A representative for Sumter County is in the courtroom and she encourages both sides to meet with them to discuss technology preparations. She noted that each side will have a “war room” available for them for the duration of the trial. Following the November 13, 2026 pretrial hearing, the remainder of the pretrial hearings will be held in Sumter County.

10:02 a.m. EDT – S.C. circuit court judge Debra McCaslin has taken her seat at the bench. Alex Murdaugh has just entered the court room. He is wearing a black suit and a grey tie.

9:36 a.m. EDT – Defense attorneys Dick Harpootlian and Phil Barber have just entered the courtroom.

9:31 a.m. EDT – The courtroom is open and attorneys are beginning to get in place. Currently, Creighton Waters, Don Zelenka and David Fernandez from the S.C. Attorney General’s Office (SCAG), are present.

9:11 a.m. EDT – For those interested in viewing the court filings being heard today, FITSNews has them all organized on a landing page… Click here.

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News media cameras on scene at Lexington County SC courthouse hoping for shot of Murdaugh and/or his prison van in underground garage — he’s in court at 10 am https://t.co/ngYohaccyl

— John Monk (@jmonkatthestate) October 16, 2026

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9:03 a.m. EDT – As always, the Lexington County Courthouse staff has done a wonderful job coordinating the details of this hearing. The doors to the courtroom are expected to open around 9:15 a.m. Our founding editor Will Folks, will be in the courtroom for the hearing.

8:00 a.m. EDT – Our news team – led by research director Jenn Wood – is setting up at the courthouse now. Stay tuned for updates.

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ABOUT THE AUTHOR …

As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.

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