Murdaugh Defense Seeks Dismissal of Murder Indictments
Alex Murdaugh's attorneys ask a judge to dismiss the original indictments, arguing the grand jury was misled by investigators' testimony.
Updated on Nov. 2, 2026 in Criminal Justice
Alex Murdaugh's defense has filed a memorandum seeking dismissal of the original murder indictments without prejudice, which would let prosecutors seek new indictments from a Colleton County Grand Jury. The filing follows an August motion to dismiss and centers on testimony from former SLED agent David Owen.
Why it matters
The defense contends that Owen and the State fabricated evidence presented to the grand jury, a claim that could reshape how the case proceeds toward retrial. Dismissal without prejudice would allow prosecutors to seek new indictments from a grand jury that has not been deceived.
The defense filed a memorandum on a Friday seeking dismissal of the original murder indictments, with the retrial set for April 5, 2027 in Sumter County. The court has not yet ruled on the request, and whether prosecutors will seek new indictments remains unresolved.
The players
Alex Murdaugh
A former South Carolina attorney from a prominent Lowcountry legal family, convicted in a high-profile murder trial that drew national attention.
David Owen
A former South Carolina Law Enforcement Division senior special agent whose grand jury testimony and trial admissions are central to the defense's dismissal request.
Debra McCaslin
A South Carolina circuit judge who approved additional DNA testing on evidence collected at the murder scene.
The details
Former SLED Senior Special Agent David Owen testified before the Colleton County Grand Jury in July 2022, and at trial he admitted that his testimony about shotguns found on the property was inaccurate. The defense also contends that only SLED, the Attorney General's office, and a forensic consulting company had access to a blood spatter report before articles were published.
Timeline
July 2022: Owen testified before the Colleton County Grand Jury.
August 2026: The defense filed its original motion to dismiss.
October 16, 2026: Judge Debra McCaslin approved additional DNA testing on evidence from the murder scene.
November 2, 2026: The defense filed the memorandum supporting dismissal.
November 13, 2026: The next hearing is scheduled in Lexington.
Legal Context
The defense's challenge to grand jury testimony places the case within South Carolina's ongoing scrutiny of how investigators present evidence to grand juries. The request mirrors the broader pattern of post-conviction motions testing whether flawed testimony undermined the original indictments.
Residents of South Carolina following the case will see the retrial move to Sumter County in April 2027 if the indictments stand. A dismissal without prejudice would let prosecutors seek new charges, which could extend the timeline for resolution.
The takeaway
Procedural challenges to grand jury testimony can reopen cases even after conviction, so the outcome of this motion will shape how South Carolina's courts handle similar disputes. Readers should watch the November hearing for any ruling on the dismissal request.
What happens next
A hearing is scheduled for November 13 in Lexington, expected to be the last held there, and the next Colleton County Grand Jury sitting is December 10.
Further reading
For more on how cases like this move through the courts, see Criminal Justice coverage on Wisevoter.
