Alex Murdaugh Update: Why His Lawyers Want Wife and Son’s Murder Charges Dismissed
Attorneys for Alex Murdaugh are seeking to dismiss the murder indictments accusing him of killing his wife, Maggie, and younger son, Paul, arguing that former South Carolina Law Enforcement Division (SLED) agent David Owen gave grand jurors inaccurate information about key evidence. The defense presented its arguments before Judge Debra McCaslin in Lexington County, South Carolina, on Nov. 13, 2026.
The motion seeks to dismiss the indictments without prejudice, meaning prosecutors could pursue new indictments. Murdaugh’s lawyers contend that these statements amounted to the presentation of “false” evidence that may have influenced the grand jury’s decision to indict him.
The hearing comes after the South Carolina Supreme Court overturned Murdaugh’s murder convictions on May 13, 2026, unanimously ruling that improper jury interference by former Colleton County Clerk of Court Rebecca “Becky” Hill deprived him of a fair trial. The ruling didn’t establish Murdaugh’s innocence or dismiss the charges. He now faces a retrial.
Defense Challenges Evidence Presented To Grand Jury
The defense’s motion focuses on two disputed claims Owen allegedly made to the Colleton County grand jury when prosecutors sought the original indictments. Owen told grand jurors that blood spatter had been found on a T-shirt Murdaugh wore on the night of the killings. However, an earlier report from state agents indicated that there were no bloodstains on the shirt. The defense also points out that the alleged blood evidence was not introduced during Murdaugh’s original trial.
Second, Owen told grand jurors that the same ammunition combination used to kill Paul Murdaugh, buckshot in one chamber and large birdshot in the other was found loaded in weapons throughout the family’s property. Defense attorneys dispute that account, arguing that the ammunition was not found loaded in multiple weapons as Owen described.
Murdaugh’s lawyers contend that these statements amounted to the presentation of “false” evidence that may have influenced the grand jury’s decision to indict him. The defense initially sought dismissal in August 2026 and later supplemented its motion with additional details supporting its allegations.
Prosecutors Defend Evidence Supporting Murder Indictments
Prosecutors oppose the request, arguing that the murder charges remain supported by other evidence presented during the investigation. In their response, prosecutors wrote that “a single mistake is not bad faith.” They pointed to other evidence Owen discussed with grand jurors, including a video recorded by Paul Murdaugh in which Alex Murdaugh’s voice could be heard at the scene. Prosecutors say the recording contradicts Murdaugh’s denials.
They also cited the family’s mounting debts and Murdaugh’s efforts to steal money from clients and his law firm, which prosecutors said were close to being discovered. According to the prosecution’s theory, Murdaugh killed his wife and son because the sympathy generated by their deaths would give him more time to conceal his financial crimes.
Murdaugh, 58, has denied killing his wife and son. He is serving a lengthy prison sentence for financial crimes involving millions of dollars stolen from clients. He has admitted in court to being a thief, an insurance cheat, a bad lawyer and a longtime opioid addict.
Former SLED Agent David Owen’s Record Under Scrutiny
Owen’s handling of evidence has also come under scrutiny because of his involvement in a separate murder investigation. He abruptly retired in 2024, not long after being named State Law Enforcement Officer of the Year.
In the separate case, a judge dismissed a murder prosecution after learning that the victim’s mother had told Owen about a suicide threat her daughter made days before her death. Owen didn’t relay that information to prosecutors or defense attorneys. Even if the court grants the defense’s request, dismissing the original indictments may not prevent Murdaugh’s retrial, which is scheduled for April 2027.
Prosecutors oppose the request, arguing that other evidence supports the murder charges. They pointed to a video recorded by Paul Murdaugh in which Alex Murdaugh’s voice could be heard at the scene, which prosecutors say contradicts his denials. The defense team is led by attorneys Dick Harpootlian and Jim Griffin. No ruling had been issued immediately following the Nov. 13 hearing.
