Alex Murdaugh is set to return to a South Carolina courtroom Friday as his defense presses to toss the murder case and narrow what evidence jurors can hear in a retrial that one former federal prosecutor says comes with a new strategic reality: the defense has "played all their cards."
The disbarred attorney is scheduled to appear before Circuit Judge Debra McCaslin at 10 a.m. in Lexington County for a pretrial hearing ahead of his April 2027 retrial in the killings of his wife, Maggie, and son, Paul.
Unlike Murdaugh's June court appearance, which set a retrial timetable, Friday's hearing follows a flurry of motions from both sides revealing their competing strategies.
Nathan S. Williams, a South Carolina federal criminal defense attorney and former assistant U.S. attorney who served as criminal chief for the District of South Carolina, told Fox News Digital that Murdaugh's request to dismiss the case is "a big ask" and "the explosive one, frankly, at this point," noting that it attacks the validity of the indictments based on alleged misconduct or false statements.
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Murdaugh’s attorneys, led by Dick Harpootlian, have asked McCaslin to dismiss the murder and weapons indictments, alleging that false physical evidence was presented to the grand jury that indicted him.
The motion targets testimony from South Carolina Law Enforcement Division (SLED) investigator David Owen and raises questions about the evidence used to secure the original charges.
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It is not yet clear whether McCaslin will rule on the dismissal motion Friday.
"They're alleging misconduct or false statements by one of the main case agents," he said. Williams added that he would be "a little surprised if that gets taken up on Friday," saying the issue will likely require evidence, testimony and additional briefing.
The disputes range from a defense effort to dismiss the murder indictments outright to battles over whether prosecutors can again introduce evidence of Murdaugh’s financial crimes, use testimony he gave during his first trial and present other evidence to a new jury.
Williams said that a second trial changes the strategic landscape for Murdaugh.
"There is no surprising the government or the state at trial," Williams said. "He's given his testimony, they can prepare infinitely now to cross-examine him."
"That tends to be frankly more helpful for the state. I think they usually have a better chance on retrial," he added, while noting that limits on some of the state's evidence could cut the other way.
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Murdaugh, 58, was convicted in 2023 of murdering Maggie, 52, and Paul, 22, at the family’s Moselle estate in Colleton County in June 2021. The South Carolina Supreme Court later overturned the convictions after finding that former Colleton County Clerk of Court Becky Hill improperly influenced jurors.
The high court ordered a new trial, but the retrial may look significantly different from the first.
At Murdaugh’s first trial, prosecutors argued that years of theft and financial fraud were closing in on him and that the killings were an effort to distract from mounting scrutiny.
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The South Carolina Supreme Court did not rule that all evidence of Murdaugh’s financial wrongdoing was inadmissible, but it said prosecutors had been allowed to go too far into the details during the first trial.
McCaslin will now be tasked with determining how much of that evidence can be presented to jurors the second time around.
Williams said he expects the amount of financial evidence to shrink from the first trial. He said, "there will definitely be less," adding, "How much less I think will be a good question."
Prosecutors are also vying to use Murdaugh’s sworn testimony from his first trial during the retrial.
Murdaugh took the stand in his own defense in 2023 and admitted lying to investigators about his whereabouts shortly before Maggie and Paul were killed. He denied murdering them.
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Whether jurors in the new trial will be able to hear portions of that prior testimony could become especially important if Murdaugh chooses not to testify again.
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The defense has separately mounted a wider challenge to the charges themselves.
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Another major fight involves forensic evidence.
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Murdaugh’s attorneys have sought additional DNA testing using newer techniques, including testing tied to evidence found underneath Maggie's fingernails.
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Prosecutors have not opposed additional testing outright but have sought safeguards surrounding the handling of evidence, testing procedures and access to results.
"Independent testing might be tough," Williams said. "It wouldn't shock me if she lets them have a separate new test by the defense. To me, that strikes me as being fair, assuming they have the evidence available to be retested."
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The defense has also sought to move the retrial out of Colleton County, where the killings occurred and where the first trial became a media spectacle.
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Murdaugh’s attorneys have argued that extensive publicity surrounding the case, along with the fallout from Hill’s conduct, makes it impossible for him to receive a fair trial there. They have proposed moving the case to nearby Charleston County.
Williams said venue may be one of the more straightforward disputes for McCaslin to address Friday, though the location could be the real fight.
"The battle, frankly, does seem to be not the venue change, but where," he said. "Personally, I'd be a little surprised if she doesn't change the venue."
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Other pending disputes involve access to phone data, third-party guilt evidence, discovery rules, polygraph evidence, juror questionnaires and protective orders governing sensitive material.
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Fox News Digital has reached out to the attorney general's office and Murdaugh's defense team for comment.
