Judge McCaslin Slams 'Circus' Tactics as Murdaugh Defense Wins DNA Rights, Loses Ballistics Fight

Key points

• Judge McCaslin granted the defense independent DNA testing on samples from Maggie Murdaugh’s phone and fingernails, citing due process, despite concerns that the limited samples might be destroyed.
• The judge denied the defense request for ballistics data on .300 Blackout ammunition, calling the theory that the weapon was linked to other crimes a 'fishing expedition' and 'speculative.'
• McCaslin rejected the defense motion to compel prosecutors to disclose information about the alleged handling of the murder weapons by local police, ruling that such material must be produced only if it proves favorable to the defense.
• The judge corrected a false claim by defense attorney Dick Harpootlian, stating that Murdaugh failed a polygraph regarding hidden assets, not the murders, and warned both sides that 'candor with the court is not optional.'
• McCaslin emphasized that the retrial will begin on April 5, 2027, and refused to grant continuances for last-minute evidence issues, urging both sides to stop 'tit for tat' squabbling.

Background

Alex Murdaugh was convicted in 2023 of murdering his wife, Maggie, and son, Paul, at their Moselle estate in Colleton County, South Carolina. The South Carolina Supreme Court overturned the convictions in 2026 after finding that former Colleton County Clerk of Court Becky Hill improperly influenced the jury. Murdaugh, who maintains his innocence, is currently serving concurrent sentences for financial crimes and is scheduled to stand retrial in April 2027.

How outlets are covering it

While all sources agree on the judge’s rulings, they differ in emphasis. The New York Post and Fox News highlight the judge’s sharp rebuke of the 'circus' atmosphere and the correction of the polygraph record. CNN focuses more on the legal arguments regarding the murder weapons, noting that defense attorney Dick Harpootlian argued that reports of police handling the weapons undermine the prosecution’s theory, while prosecutor Creighton Waters dismissed the claims as uncorroborated. The AP News provides a neutral overview of the evidence fights, noting that the defense seeks to identify alternate suspects through DNA and ballistics, while prosecutors argue the requests are speculative and burdensome. Former prosecutor Joshua Ritter, cited by the New York Post, called the defense’s pursuit of the police weapon allegations a 'wild goose chase.'

Why it matters

The rulings in this hearing set the evidentiary boundaries for one of the most high-profile retrials in recent years. The defense’s ability to conduct independent DNA testing could potentially identify alternate suspects or exonerate Murdaugh, while the denial of ballistics data limits their ability to link the weapon to other crimes. The judge’s strict stance on candor and the refusal to grant continuances signals a determination to keep the trial on schedule, despite the contentious nature of the evidence disputes.

What to watch

The defense will conduct DNA testing on the approved samples, a process expected to take about 90 days. Prosecutors must hand over 3D crime scene scan data by Monday. The next hearing is scheduled for November 13, 2026, with the retrial set to begin on April 5, 2027.