CRIME & COURTS

Murdaugh Retrial Hearing: New Tests, Old Grievances

DNA testing moved forward as attorneys clashed over discovery and the defense raised allegations involving a drug supplier’s account…

by JENN WOOD

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Attorneys for accused killer Alex Murdaugh won permission to conduct additional DNA testing on evidence from his slain wife’s fingernails and cellphone — but their broader effort to compare ballistics evidence from other shootings potentially tied to Murdaugh guns ran into a firm rejection from the judge overseeing his upcoming murder retrial.

During a contentious Friday (October 16, 2026) hearing in Lexington S.C., circuit court judge Debra McCaslin directed prosecutors to provide original crime-scene scan data, addressed continuing cellphone discovery disputes and warned attorneys for both sides that their increasingly testy personal exchanges needed to stop.

The hearing also yielded a previously undisclosed investigative revelation: defense attorney Dick Harpootlian described a 2021 interview in which a federal inmate allegedly told investigators about prescription pill transactions involving Curtis “Eddie” Smith – and an outstanding drug debt attributed to the Murdaughs.

With proceedings threatening to careen off the rails, the presiding judge found herself repeatedly dropping the hammer. In addition to scolding attorneys from both sides, McCaslin forcefully brought the arguments back to an approaching deadline: Murdaugh’s retrial is scheduled to begin April 5, 2027, in Sumter County.

“This trial is going April 5th whether you like it or not,” she said.

Murdaugh was convicted of the murders of his wife, 52-year-old Maggie Murdaugh, and younger son, 22-year-old Paul Murdaugh, and sentenced to life in prison following a six-week trial in Walterboro, S.C. in early 2023. Those convictions were reversed, however, after the S.C. supreme court found numerous issues with the conduct of the trial – including allegations of jury tampering and potential jury rigging. Murdaugh is scheduled to be tried a second time in Sumter, S.C. next spring.

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DNA: PERMISSION TO TEST

The most consequential ruling Friday allowed the defense to proceed with independent DNA testing involving material from Maggie Murdaugh’s fingernails and cellphone, even though the testing could consume the remaining material needed for another round of analysis.

Defense attorney Phillip Barber argued that the underlying laboratory data revealed unidentified male genetic material that warranted further examination. He sought independent Y-STR testing of three samples to determine whether results from the phone and both hands could be compared.

The defense’s argument concerned a possible connection among those samples. It has not established that the same unidentified man contributed DNA to all three locations.

Barber argued that finding a common contributor could be significant to the defense, particularly if that contributor could be distinguished from Murdaugh. He also acknowledged other possible explanations for unidentified DNA, including the possibility of contamination during handling.

“We’re talking about the state’s leftovers,” Barber said, arguing investigators had already had years to perform the testing they wanted.

Lead prosecutor Creighton Waters said the state was willing to allow independent testing. The dispute, he maintained, concerned the test’s anticipated consumption of limited, previously untested reserve material – and whether both sides would receive the results.

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RELATED | SECRECY, SCIENCE AND A FLOOD OF FILINGS

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“We’re not trying to stand in the way of anything,” Waters said.

Waters also disputed the defense’s characterization of the existing cellphone results, maintaining no profile suitable for comparison had been developed from the material at issue.

McCaslin concluded the defense was entitled to proceed with the testing. The potential to identify people connected to the evidence was relevant, she said, and Murdaugh was entitled to a meaningful opportunity to present his defense.

“This is a really important case,” she said. “They have every right to test it — and I’m going to let them test it.”

Because the testing could exhaust the available material, McCaslin addressed the possibility that it would prevent later testing in post-conviction proceedings. Murdaugh affirmed that he would waive further testing of the material in that setting.

The judge declined to require advance disclosure of the defense’s testing results simply because prosecutors wanted access to them. She instructed the defense that scientific reports it intended to introduce would have to be disclosed under reciprocal discovery requirements.

“Get it done,” she said.

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A NEW NAME IN THE MURDAUGH CASE

Defense attorney Dick Harpootlian addresses the court during a pre-trial hearing for Alex Murdaugh at the Lexington County Judicial Center on Friday, October 16, 2026, in Lexington. (Pool)

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An argument over discovery broadened when Harpootlian described material he said the defense received shortly before the first trial and was unable to fully review until afterward.

Among those records, he said, was a report of a September 15, 2021 interview with Ryan Spencer North, whom he described as a federal defendant and drug dealer.

According to Harpootlian’s account, North said he was making $15,000 to $20,000 a week supplying prescription pills through Curtis “Eddie” Smith, who represented that the transactions involved the Murdaugh family and its law firm. Harpootlian acknowledged that North had never met the Murdaughs himself.

Smith — widely known as “Cousin Eddie” — was a longtime Murdaugh associate and former legal client whom Murdaugh’s attorneys publicly identified as his opioid supplier. Smith disputed that characterization. Murdaugh previously represented him in a personal injury lawsuit.

Smith also became a central figure in the September 4, 2021 roadside shooting near Varnville, S.C. In that incident. Murdaugh told investigators he arranged for Smith to kill him so his surviving son, Buster Murdaugh, could collect life insurance proceeds. Smith disputed that account, maintaining that the gun discharged while he tried to take it from Murdaugh.

The interview Harpootlian described on Friday occurred eleven days after that roadside incident.

Harpootlian said North’s account included an alleged $165,000 outstanding debt and references to a drug group. He argued the information warranted investigation of a possible drug-related explanation for Maggie and Paul’s killings.

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The distinction between what North allegedly knew firsthand – and what Smith allegedly told him – is central to that account. Nothing presented in court on Friday established that the law firm purchased pills, accumulated a debt or that any of the allegations were tied to the murders.

Federal records reviewed by FITSNews provided additional background on North, including a separate fraud prosecution case in which he cooperated with investigators.

A June 2018 federal forfeiture order recorded that North pleaded guilty in August 2017 to conspiracy to commit mail fraud and bank fraud. The docket reflected a sentence of 12 months and a day in prison, five years of supervised release and $106,001.72 in restitution owed jointly with a co-defendant.

In a July 2018 sentencing motion, North’s attorney said he began assisting the government after receiving a target letter in January 2015. The attorney said North identified participants in the scheme, participated in multiple debriefings and wore a wire to help SLED recover stolen heavy equipment.

That filing described cooperation in the separate fraud investigation. It did not substantiate the allegations Harpootlian recounted Friday about Smith or the Murdaughs.

Waters challenged the defense’s broader portrayal of discovery production before the first trial. He said the cellphone extraction delivered shortly before jury selection had previously been provided and was produced again at the defense’s request.

McCaslin made clear she wanted the attorneys focused on preparing for the retrial.

“Quit telling me about stuff y’all did to each other in the first trial,” she said. “I don’t care about the first trial.”

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BALLISTICS: A REQUEST REJECTED

Prosecuting attorney Creighton Waters at a pre-trial hearing for Alex Murdaugh at the Lexington County Judicial Center, Friday, October 16, 2026, in Lexington, S.C. (Pool)

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The defense didn’t fare nearly as well on its request for ballistics evidence from other investigations involving .300 Blackout ammunition.

Harpootlian sought independent microscopic comparisons between cartridge cases from those shootings and evidence from Maggie Murdaugh’s killing. The defense also sought broader records concerning shootings and firearms across the Second and Fourteenth judicial circuits.

He argued that the absence of a lead from the national ballistics system did not settle whether an independent examiner might identify a connection. He also challenged the state’s portrayal of how commonly the ammunition was used.

Waters countered that the defense had identified no connection between the other shootings and the Moselle murders beyond ammunition type and a broad geographic area. He said the evidence had been entered into the national system without producing a hit and raised concerns about laboratory resources, chain of custody and access to evidence in ongoing investigations.

McCaslin questioned the factual basis for the request.

“It sounds like a fishing expedition,” she said.

Ultimately, she denied the broader request, finding it speculative and unsupported by a reasonable basis. She also declined to require SLED to undertake the extensive manual review sought by the defense.

The ruling left room for the defense to return to the issue if a material connection was developed.

The judge separately addressed Harpootlian’s request to examine the state’s claimed connection between cartridge cases near Maggie’s body and others recovered elsewhere at Moselle. She directed production of the available raw ballistics data and told the defense to review it with its expert before raising any additional needs.

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SCANS, CELLPHONES AND SECRECY

Alex Murdaugh watches proceedings during a judicial hearing on Friday, Oct 16, 2026, at a status hearing at the Marc H. Westbrook Judicial Center in Lexington, South Carolina. (Pool)

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The dispute over the original FARO crime-scene scans appeared closer to resolution.

Harpootlian said defense experts needed the underlying data to independently examine the state’s reconstruction. Waters said the raw-data request was new, that the defense previously received scans with viewing software and that he would provide the requested material Monday.

McCaslin urged the attorneys to communicate directly and resolve routine production questions without repeated motions.

The state also agreed to provide the disputed cellphone extraction files again. Waters maintained the material had already been produced multiple times and said he would impose more specific transfer procedures to document future deliveries.

“This will be time number five,” he said.

On the separate request for records concerning the alleged disposal of the murder weapons, McCaslin indicated agreement with the state’s position concerning grand jury secrecy. She also reminded Waters that any material triggering the prosecution’s constitutional disclosure obligations under Brady would have to be turned over.

She said she was privately reviewing personnel files and would communicate any resulting issues to the attorneys without discussing those records in open court.

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‘CANDOR WITH THE COURT IS NOT OPTIONAL’

Judge Debra McCaslin listens during a judicial hearing on Friday, Oct 16, 2026, at a status hearing at the Marc H. Westbrook Judicial Center in Lexington, South Carolina. (Pool)

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Before adjourning, McCaslin addressed an earlier defense statement that Murdaugh had passed a polygraph “with flying colors.”

The judge clarified that Murdaugh failed a polygraph concerning financial matters and had never undergone a polygraph concerning Maggie and Paul’s murders. She acknowledged receiving Harpootlian’s letter apologizing for confusion over the earlier statement.

Her warning extended to the attorneys’ conduct and filings.

“This is a court of justice — candor with the court is not optional,” she said.

“When you make a representation to this court, I expect it to be truthful and accurate.”

McCaslin said she was troubled by some filings and urged both sides to resolve disputes professionally.

“I will not allow these proceedings to become a circus,” she said. “I will not allow anyone to use this courtroom as a platform for publicity or theatrics.”

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WHAT COMES NEXT

The next pretrial hearing is scheduled for November 13, when McCaslin said she wanted to address the defense’s motion to dismiss the indictments. She indicated the state’s motions concerning motive evidence and third-party guilt might be better addressed closer to trial.

Additional motions for the November hearing are subject to an October 30 filing deadline, with responses due November 6. McCaslin also reiterated a March 1, 2027 deadline concerning evidence from Murdaugh’s phone that the defense intended to use.

November’s hearing will be the last held in Lexington County. Subsequent hearings will take place in Sumter County, where McCaslin cited security, technology, infrastructure and cost among the reasons for selecting the retrial venue.

Future filings will move to Sumter beginning January 1, 2027. McCaslin also floated January 20 for a pretrial conference there.

Her message about the trial date was considerably less tentative.

“If something comes up missing,” she told the attorneys, “do not ask for a continuance. Because it’s not going to happen.”

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ABOUT THE AUTHOR …

Jenn Wood (Provided)

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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6 comments

Goody3 Top fan October 16, 2026 at 9:05 pm

Heronnor McCaslin is a no-nonsense judge! She demonstrated her command of the facts and the courtroom today. I think both teams of attorneys are on notice that the up-coming trial will be a totally different narrative from the prior one.

Reply
Wanda Fields Top fan October 17, 2026 at 9:06 am

I get the feeling Fits has become unapologetically one sided and pro Defense and Pro Murdaugh. What’s up with that?

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Just Some Guest October 17, 2026 at 10:24 am

I hope that is an answer to my prayer that those who pushed Richard Alexander Murdaugh’s (RAM) FALSE now-vacated convictions (and FITS was “unapologetically” one of those pushers when Malicious Mandy Matney [“MMM”] held sway) would see the truth, repent, and atone.
“What’s up with that?” you asked.
“The truth shall set you free.” I answer.
I am still praying for God’s miraculous light to touch the hearts of even MMM herself along with Ever-Bluffing Eric Bland (“EBEB”) and Mark the tiger Tinsley (“MTTT”) as it touched Zacchaeus, whom we meet in Luke 19:1-10.

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SubZeroIQ October 17, 2026 at 6:50 pm

Here we go: a third attempt to be heard:
At minutes 5:01 to 5:59, Will discloses that he is again buddy-buddy with Eric Bland. So, this comment of mine might be a red line for the newly-coopted Will.
One way to find out is to paste and see if Will lets it through:
? @jackmack1670 , the “whole story” may include Malicious Mandy Matney (“MMM”) putting together a shooting cabal then conveniently taking a vacation off shore, with her podcasting equipment which she IMMEDIATELY began using THE MINUTE Liz Farrell phoned her to announce Paul and Maggie’s demise.
My opinion free from false humility goes towards the Stephen Smith hysteria and the Satterfield matter.
For your convenience, I paste my reply to ?@MoreLeeJenn:
first, thanks for the civil tone of your question and statement.
Next, that you “never heard” some facts does NOT mean they do not exist, only that they were cleverly disguised. So, please, read carefully and check after me to your mind’s content, as I have arranged them chronologically as best I could:
(1) Gloria Satterfield (a) was a poorly-managed chronic diabetic, (b) was in TERMINAL renal failure, (c) had dizziness and a car collision the day before her fall at Moselle, (d) was NOT at Moselle to collect a check from Libby Murdaugh, (e) did Not encounter dogs that day at Moselle, (f) did NOT sustain life-threatening injuries from her fall at Moselle, (g) was IMMEDIATELY transported to hospital where her injuries could and should have been IMMEDIATELY diagnosed and treated with knowledge and permission of her NEXT OF KIN, which is Tony himself, NOT Alex, (h) remained in hospital for THREE WHOLE WEEKS after her fall at Moselle, during which she regained consciousness and improved enough to be taken out of intensive care, AND (i) suffered a myocardial infarction (heart attack) MUCH more likely due to her terminal pre-existing conditions than to her fall at Moselle.
ALL THE FOREGOING is documented in a FEDERAL law suit brought by the insurance company Nautilus, in the medical records revealed, and depositions taken for, that law suit.
(2) Tony Satterfield (a) was NOT a boy but a grown 35-year old FULLY EMPLOYED man, (b) was NOT dependent on his mother for his livelihood, (c) fully aware of his mother’s pre-existing conditions, (d) often bought her medications for her, (e) PROBABLY signed off on the do-not-resuscitate, AND (f) KNEW from Mandy Matney’s courthouse research and media publications that the case had already been settled BEFORE sending Alex Murdaugh that email feigning an innocent inquiry about the case.
ALL the foregoing is documented in Tony Satterfield’s own testimony in Alex’s first trial, in Becky Hill’s book (which I acquired and read before it was withdrawn from publication), and Mandy Matney’s book “Blood on their Hands.”
(3) Herriot, Tony’s (half?) brother was not that severely disabled but was collecting disability which was NOT reduced or affected by Gloria’s death. That, too, is fully documented in the above sources.
Now that I have taken the time to carefully answer your questions, please do me the courtesy of at least acknowledging my response with continued civility.

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SubZeroIQ October 17, 2026 at 9:51 pm

The real grievance is Creighton Waters’ unwillingness to let go of his prized false conviction of Alex Murdaugh after Creighton gave THE trifecta-winning performance in closing argument and created imaginary scenarios, motives, and psychiatric illnesses which the jury and the public bought and applauded as they would have Laurence Olivier’s Hamlet talking to his murdered father’s ghost.
A good actor not only can make the phone book interesting, but can also convince you that every third address in that phone book is the site of an alien abduction.
And so it goes.
Sanctimonious Sandy Smith’s (“SSS”) imaginary story of Stephen having been “murdered” at his car and carried three miles without a drop of blood at the yellow Chevy Aveo or along that imaginary trail to where he was found with fresh streams of blood consistent with his having suffered a skull fracture there and then is taken completely from the plot of the movie In the Heat of the Night, not from reality.
Also, performer Waters’ dancing and prancing pounded into the jury and the public that Paul was shot first and Maggie was shot as she was running towards him, “her baby.”
That is utter nonsense as explained in this reply of mine on your WIR on YouTube:
? @janemartin229 , no, No, NO! All three DNA quantifications ARE already KNOWN to be from a MALE not of the Murdaugh line, meaning not Alex, not Paul, not Buster, not John Marvin, AND NOT “a dog.”
That “running toward her son who’d just been gunned down” is FICTION based on nothing other than Creighton Waters’ dancing and prancing in closing argument.
That imaginary “run” is belied by the Prosecution’s OWN timeline.
You see: the time between Paul’s last reading of a text on his phone and Maggie’s last reading of a text on her phone is EXACTLY 8 SECONDS. That is seconds, NOT minutes.
So, the other REALISTIC scenario is that an accomplice of the REAL shooters wrestled Maggie’s phone from her hand(s) to prevent her from calling for help, ran away with it ON FOOT or on the golf cart and hid it BY HAND where it was found the next morning through Alex’s cooperation with law enforcement.
Only AFTER that accomplice returned on foot, were Maggie, then Paul (who was in the feed room when he heard the shots and started moving towards the sounds) shot.
So, it only makes sense that Maggie was shot BEFORE Paul, even though she read her last text 8 seconds later than he read his. The time of reading the last text CANNOT BE the time of the shooting.
Think about it PLEASE.

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SubZeroIQ October 22, 2026 at 12:17 pm

Creighton Waters’ pretense of jealousy for candor to the tribunals and of exasperation over repeated discovery demands from the defense rings hollow to me due to my experience with Waters’ bosses and now-colleagues who moved to SCAG from the City of Columbia and from Barney Giese’s office.
First, this particular FARO file was NEVER sought before the first trial because Moselle itself had not yet been sold with parts torn down.
Problems occur when discovery runs into the 100s or 1000s of pages. An ill-willed producing party can strategically withhold crucial pages and hope the receiving party does not notice. That apparently happened in the Murdaugh SLED DNA reports where nothing was apparently initially said about nail clippings from Maggie’s right hand.
Having said that, though, Mr. Harpootlian’s mind wanders often and he often does not finish the thought in opening arguments, in examination of witnesses, and in responses to the court. Alex’s defense team will do well to make more room for the younger members, specially those untainted by “service” as prosecutors.
And of course, no response of mine can be complete without reference to what Hatchet-for-Hire Heather (Sarah Heather Savitz Weiss) did to me when she tried but, thank God, failed to frame me on FALSE harassment charges with intent to, God forbade, incarcerate me for 36 years. Yes, thirty-six.
Hatchet-for-Hire Heather had me FALSELY arrested on 2 December 2009, the very morning AFTER I had appeared for a 1 December 2009 day-long evidentiary injunction hearing before now-retired SC Circuit Judge Lee and told her that there is a conspiracy afoot among my opponents in the civil litigation to get me falsely arrested but Judge Lee looked at me as if I were one those deranged conspiracy theorists and took the matter under advisement, one of those very opponents in the civil litigation led a team of 10, yes TEN, Columbia Police Department (“CPD”) officers to arrest me and rob my apartment and car of evidence, NOT of any crime they pretended I committed, but of evidence I had in the pending civil litigation against private people AND against the City of Columbia ITSELF. Hatchet-for-Hire Heather was then being paid $70K/year IN ADDITION TO her 5th-circuit assistant solicitor salary, to be the City’s prosecutor in the circuit solicitor’s office. She also applied for the warrants against me, which is a no-no for a prosecutor: only a sworn law enforcement officer is allowed to seek a warrant from a neutral magistrate.
But “neutral” is foreign language in the City of Columbia where the ministerial recorder serves at the pleasure of the municipal court’s chief judge who in turn serves at the pleasure of the city council, which in turn approves Hatchet-for-Hire’s annual $70K “bonus” to be the City’s prosecutor in the solicitor’s office. That arrangement is not only unethical but also violates South Carolina’s prohibition on dual office holding.
But again, laws and ethics never mattered for the City of Columbia and its “special” prosecutor.
And to show something for her $70K/year bonus, Hatchet-for-Hire Heather had me FALSELY arrested AGAIN on 12 December 2009, after I had bonded out of the FALSE 2 December 2009 arrest, in order to, God forbade, revoke my bond. Thank God and without a lawyer, I later got all the criminal charges underlying both arrests dismissed WITH PREJUDICE.
Back to discovery, though, because after Hatchet-for-Hire Heather’s initial plan to keep me in permanent pre-trial detention failed, and she knew she had NO TRUE evidence to try me on, she planned to never try me and keep me permanently under horrendous bond conditions. To counter that, I appeared on 11 January 2010 before now-retired SC Circuit Judge Gafford Thomas Cooper, Jr. and told him I wanted to challenge the constitutionality of South Carolina’s statute which gives complete control of the criminal docket to the circuit solicitor.
Again, I was ahead of the law; and that statute was later held unconstitutional in State v. Langford. In reality, though, prosecutors still control the criminal docket; but details of that are for another day.
On that 11 January 2010, I told Judge Cooper I still have no discovery AT ALL. Hatchet-for-Hire Heather responded that there is discovery sitting at the front desk of the solicitor’s office waiting for me pick it up.
So, I went and was asked to sign for it. I responded that I cannot sign before I review it. In the middle of my review of the documents, Hatchet-for-Hire Heather appeared with a scowl on her face and a member of the public defender’s office also appeared and advised me to leave before Heather goes “overboard” and gets me arrested AGAIN for reviewing discovery before signing for it.
As always, I do not write or say anything related to these serious matters without documentary support.
It turns out that the discovery I was given before my 22-26 February 2010 jury trial (presided over by none other that Judge Clifton Newman) was missing key documents which I saw only in preparation for the retrial which never happened after Judge Newman had to declare a mistrial shortly before midnight on Friday, 26 February 2010, after the jury TWICE returned hopelessly deadlocked.
To THIS DAY, I do not have a copy of those documents and have been threatened with contempt of court if I sought them.
And TO THIS DAY no one, including Hatchet-for-Hire’s colleagues and bosses in SCAG’s office have seen fit to look into Hatchet-for-Hire’s DOCUMENTED subornation of perjury against me and her LYING to Judge Clifton Newman and me about the criminal records of the Prosecution’s witnesses.
So, Creighton Waters’ theatrics about Mr. Harpootlian’s supposed lie about Alex’s lie detector ring hollow to me.
Alan Wilson, Creighton Waters, Donald Zelenka, remove the logs from your own eyes before seeking to remove the splinters from your brethren’s eyes!

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