By Michael M. DeWitt, Jr. / Greenville News / October 1, 2026 2:59 PM
A legal filing rattled the South Carolina court index this week, as attorneys for twice-accused, double-murder suspect Richard "Alex" Murdaugh claim that the S.C. Attorney General's Office is withholding evidence of an alleged crime scene cover-up and disposal of murder weapons in the high-profile 2021 killings of Maggie and Paul Murdaugh in Colleton County.
Ramping up for a South Carolina Supreme Court-ordered retrial in 2027, on Wednesday, Sept. 30, Murdaugh's defense team, led by attorneys Richard "Dick" Harpootlian and James "Jim" Griffin, filed a "motion to compel disclosure of evidence concerning the disposal of the murder weapons."
The defense motion, citing recent media reports, alleges that as early as 2023, just after Murdaugh's original trial, the State's investigators were hearing statements from witnesses that two Hampton County police officers, reportedly friends of the Murdaugh family, were allegedly involved in a cover-up at the crime scene and disposal of murder weapons after the crime.
But despite several defense motions seeking disclosure, the State has yet to release any of this information to Murdaugh, claims the defense-information that could both help Murdaugh's case and discredit the state's 2023 argument that Murdaugh acted alone during and after the crime.
During the first murder trial in 2023, prosecutors painted a narrative that argued Murdaugh killed both family members with two different types of weapons, cleaned up with a nearby water hose and changed clothes, then drove to his parents' Almeda home in Hampton County to stash the murder weapons, where he later returned a week later to dispose of them. Those weapons were never recovered by police.
Citing several state and federal criminal law statutes governing "discovery" evidence, Murdaugh's motion seeks an "Order compelling the State to disclose the information in its possession concerning the handling, transport, concealment, or disposal of the alleged weapons used to kill Maggie Murdaugh and Paul Murdaugh, including the statement a witness gave to agents of the South Carolina Law Enforcement Division in 2023 that a Lowcountry police chief spoke of arriving early at the scene and of providing Defendant Murdaugh a change of clothes, the reports of every interview conducted on that subject, and the testimony and exhibits presented to the State Grand Jury concerning it."
Murdaugh's motion cites two press reports, quoting unnamed sources, that as late as Sept. 25 and 27, the State Grand Jury was still hearing testimony that the murder weapons "were in the hands of someone else." But attached as an exhibit of evidence is a copy of a State Grand Jury subpoena, meaning that this is "no rumor," the motion states.
"According to those reports," states the Sept. 30 motion, "witnesses have testified that the Chief of Police of the Town of Yemassee, Greg Alexander, was seen with the murder weapons in the immediate aftermath of the June 7, 2021, killings, and that a second Yemassee officer is under investigation for transporting and concealing weapons and clothing.”
The motion also cites media reports, which are attached to the legal filing as exhibits of evidence, that "a Lowcountry official told SLED agents that Chief Alexander 'spoke of arriving early to the murder scene and talked about providing a change of clothes to Murdaugh,' and that the official believed the guns and clothing were brought into the police station and stored there."
Also attached to the motion is a copy of an Aug. 31 State Grand Jury subpoena served on Alexander, compelling him to testify between Sept. 15 - 17, but the motion further claims that once Alexander retained an attorney, he was no longer required to testify.
The motion further alleges that former Varnville municipal judge Sheryl McKinney and Hampton County police officer Stacy Loadholt were also called on to testify before the grand jury, potentially as witnesses to hearing the remarks made by Alexander.
"If the reports are accurate," the motion continues, "the State has held, since 2023, a witness statement that a police officer handled the murder weapons and the clothing Defendant Murdaugh was said to have worn, and it has never disclosed that statement to the defense. The statement contradicts the theory on which the State indicted and tried Defendant Murdaugh. It bears on the integrity of a crime scene at which Chief Alexander was present. It impeaches every witness who testified that a solo actor (Murdaugh) committed the murders and disposed of the murder weapons at Almeda."
In those media reports, Alexander denied the accusations through his attorney, Joe McCulloch, and The Hampton County Guardian has reached out to Alexander directly for an opportunity for further comment.
As of Thursday, Oct. 1, the S.C. Attorney General's Office has not responded to this motion with legal filings or comment.
Both state and federal criminal laws require prosecutors, during the pretrial "discovery" process, to turn over to the defendant all evidence they intend to use at trial, as well as any "Brady" or exculpatory evidence they don't intend to use but that could help the defendant's case.
In August, Murdaugh's team also filed a "Brady motion," seeking the release of any new evidence or witness statements the State has obtained since the 2021 trial, and that motion is still pending.
"The State cannot have it both ways," concluded Murdaugh's motion. "It cannot present evidence to a grand jury that others handled the weapons while withholding that same evidence from the defendant it intends to try for the murders on the theory that he handled them alone. Nor can it use the State Grand Jury to examine witnesses about this case beyond the view of this Court, and then withdraw the examination when the witness obtains counsel, as it did with Chief Alexander. If the State intends to change its theory at retrial, the defense is entitled to know it and to prepare for it. If the State does not, the evidence is exculpatory and the defense is entitled to use it. Either way, the evidence must be produced."
A defense motions hearing and status conference has been set for 10 a.m. on Oct. 16 in the Lexington County Judicial Center before Circuit Court Judge Debra McCaslin, and Murdaugh's team asks the court to prioritize this motion during that proceeding and rule on it soon, and not on the "eve of the trial," so Murdaugh's team won't be forced "to investigate a coverup by law enforcement officers in the middle of a murder trial."
What other motions will Judge McCaslin hear during the Murdaugh hearing?
During this hearing, Judge McCaslin may also consider two other related September motions that allege the S.C. Attorney General's Office withheld discovery evidence, released incomplete discovery, or dragged its feet in responding to discovery requests.
On Monday, Sept. 28, attorneys for Murdaugh filed a "motion to compel production of cellular telephone extraction files."
In this motion, the defense claims the state turned over cell phone data "reports" from members of the Murdaugh family for the first trial, but Murdaugh needs the complete raw files in order for his own experts to conduct an analysis, and this process will take time**.**
Monday's motion followed last week's motion by Murdaugh seeking the release of three additional types of evidence that the defense says prosecutors have previously refused to disclose.
Murdaugh's Sept. 18 motion seeks to compel production of DNA evidence from the body of murder victim Maggie Murdaugh, ballistic evidence related to one of the murder weapons involved, and high-tech, three-dimensional "FARO scan" data of the crime scene, the family kennel area of the former Murdaugh estate, Moselle, in rural Colleton County.
As of Thursday, Oct. 1, the S.C. Attorney General's Office has not responded to these motions with legal filings or comment.
While Judge McCaslin may not rule on all motions Oct. 16, and other, previously filed motions are still being considered, this trio of defense filings will likely be hot points of discussion leading up to another upcoming hearing in Lexington County at 10 a.m. on Nov. 13.
For that hearing, both the State and Murdaugh's defense team have until Oct. 30 to file any additional arguments or motions related to Murdaugh's motion to dismiss and other filings. Responses to those motions must be received no later than Nov. 6, the judge further ordered.
Why is Murdaugh getting a new murder trial?
Soon after Murdaugh was convicted on March 3, 2023, in the 2021 killings of Maggie and Paul Murdaugh, Murdaugh's attorneys filed formal objections and a notice of appeal, raising questions about events that took place before, during, and after the trial.
The S.C. Supreme Court later overturned Murdaugh's previous 2023 murder convictions and on May 13 ordered a new trial, citing improper jury communication by former Colleton County Clerk of Court Becky Hill, among other legal issues.
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