Alex Murdaugh returned to court on Friday, October 16, after he was granted a retrial in his murder case, and the presiding judge warned both the defense and prosecution that the new trial is not allowed to “become a circus.”
After the prosecutors and defense attorneys clashed over ballistics evidence and the testing of unknown male DNA that was found under Alex’s late wife Maggie Murdaugh’s fingernails during the hearing, South Carolina Circuit Court Judge Debra McCaslin issued a stern warning to both sides.
“This has got to stop,” McCaslin said during the hearing in Lexington County, per People.
She then stated that neither the defense nor the prosecution is allowed to posture in and out of the courtroom for publicity. “I will not allow [the trial] to become a circus,” she said.
“I don’t want this ‘tit for tat’ back between y’all,” McCaslin told the attorneys at one point as they blamed each other for several grievances. “All y’all are lawyers, professionals. This is court. This isn’t a sound-bite.”
McCaslin also told both sides to resolve their issues before they file any more motions that involve the court. “Y’all should try to work things out on your own,” she said. “You’re better than that.”
Another warning McCaslin made regarded the start date of the retrial. “This trial is starting on April the 5th whether you like it or not,” she said. “Do not ask for a continuance. It’s not going to happen.”
Alex, 58, was convicted in 2023 for the 2021 murders of Maggie, 52, and their son Paul Murdaugh at their property in Colleton County.
Three years later, the South Carolina Supreme Court overturned Alex’s double-murder conviction in May. The court ordered a new trial after the judges unanimously found that former Colleton County Clerk of Court Rebecca “Becky” Hill had improperly influenced jurors during Alex’s first trial.
During the hearing on Friday, prosecutors and defense attorneys each presented their arguments regarding whether the state should be ordered to turn over ballistics records and other evidence from shootings in eight other counties that involved .300 Blackout rifles. The same weapon was used to kill Maggie and Paul, 22.
Alex’s attorney Dick Harpootlian said he wants an expert to compare the cartridges found at the murder scene to cartridges found at other shootings. However, McCaslin ruled against the “unprecedented manual review” of the ballistics from other shootings.
Both the prosecution and defense also argued about testing the remaining unknown male DNA that was found under Maggie’s fingernails and on the side of her phone.
Prosecutors argued that more testing could potentially use up the limited amount of remaining DNA. The argument didn’t persuade the judge, and she ultimately allowed the defense to test it.
Alex is scheduled to return to court in Lexington County for a pretrial hearing on November 13.
