Murdaugh murders trial: Attorneys allege altered photos, destroyed evidence, bad testimony

Alex Murdaugh, wearing mask, surrounded by his criminal defense team in Colleton County General Sessions Court recently.
Alex Murdaugh, wearing mask, surrounded by his criminal defense team in Colleton County General Sessions Court recently.

With the double murder trial for disbarred South Carolina attorney Richard "Alex" Murdaugh looming on Jan. 23, attorneys for Murdaugh have filed a flurry of pretrial motions that accuse the state Attorney General's Office and the state police of false testimony, destroying evidence and altering photographs of evidence.

Murdaugh was charged in the June 2021 shooting deaths of his wife, Maggie, and son Paul at their Colleton County home, Moselle. The indictments filed July 14, 2022, allege that Murdaugh killed his son with a shotgun and his wife with a rifle, and that both were shot multiple times and found near the family's dog kennels.

Defense attorneys Richard Harpootlian and James Griffin have filed three revealing motions, including a "Motion to Compel the State To Produce Evidence Regarding Alteration of Photographs or Evidence It Destroyed," filed Nov. 28.

The case is being prosecuted by the state Attorney General's Office.

Motion to Compel Nov. 28 by Whitney Prislac on Scribd

Murdaugh motion focuses on possible blood spatter on shirt

The latest motion focuses on possible blood spatter on a white T-shirt that Murdaugh was allegedly wearing the night that his family members were shot.

During its investigation, the South Carolina Law Enforcement Division retained the services of Tom Bevel of Bevel, Garner and Associates, LLC. This firm offers forensic consulting and education services, specializing in bloodstain-pattern analysis, crime-scene reconstruction and processing, and shooting-incident reconstruction, according to its website.

The motion alleges that in a Feb. 3 draft report, Bevel claimed that stains on Murdaugh's shirt were consistent with "transfer stains" and not back-spatter stains from a bullet before a face-to-face meeting with SLED agents, after which he changed his opinion by the time he gave SLED a March 29 final report that stated there were more than 100 high-velocity blood spatter stains on Murdaugh's shirt from allegedly shooting Paul with a shotgun.

In the motion, Murdaugh's attorneys also contend that the shirt was destroyed during SLED testing, and that there was no blood spatter on the photographed areas of the shirt that the state intended to use as evidence. These areas of the shirt tested negative for human blood, according to the motion.

The motion further questions the veracity of photographs of the shirts.

The motion also requests copies of all communications and exchanges of documents and evidence between Bevel and SLED investigators.

Another Murdaugh motion reveals DNA reports and seeks to exclude false testimony

On Nov. 23, Murdaugh's attorneys filed a 95-page "Motion to Exclude False Testimony About Evidence Destroyed By The State." This motion accuses the Attorney General's Office of withholding or destroying evidence "in bad faith" that would exonerate Murdaugh in the double murders, and of presenting "manipulated opinion testimony."

Here are some highlights of claims from the extensive legal filing:

  • The murder scene was "gruesome" with "a large amount of blood in and around their bodies which transferred onto Mr. Murdaugh's hands and clothing when he frantically checked them for signs of life," stated the motion.

  • The motion states that Paul Murdaugh was killed by multiple 12-gauge shotgun blasts at "point-blank range in a small closet," a feed closet in the dog kennels. That is information that authorities have not released or confirmed. Murdaugh's attorneys further contend that blood was spattered all over the closet door, walls and ceiling but that there were no blood spatters on Murdaugh's shirt.

  • After calling 911, Alex Murdaugh drove back to his house to get a shotgun for protection, then returned to the crime scene to wait for police.

  • The motion alleges that SLED conducted blood tests on the shirt in a manner that destroyed it and prevents others from taking further, independent tests.

  • The motion alleges that SLED never told Bevel there were no bloodstains on the shirt, and pressured him to change his report.

  • During its investigation, SLED took "buccal swabs," or DNA swabs from the inside of a person's cheek, from several people, including Alex, Maggie, Paul, several Murdaugh family members, Colleton County police officers, Nolan Tuten, Roger Davis, Rogan Gibson, Claude "C.B." Rowe, survivors of a fatal 2019 boat crash involving Paul Murdaugh, and family members of Mallory Beach, who died in the crash.

  • There was DNA found on items of evidence tested that came from three unidentified, unrelated individuals.

  • DNA swabs were taken from fingernail clippings of the victims, two vehicles, a cell phone, a Palmetto State Armory PA-15 rifle with night vision scope, a Mossberg Model 835 Ulti-Mag shotgun, a Browning Auto-5 Light Vector shogun, a Benelli Super Black Eagle 3 shotgun, several shotgun shells, as well as Murdaugh's shirt, shoes, green shorts, and a raincoat inside the residence.

  • Attached to the motion are photos of Murdaugh's shirt and several SLED DNA Analysis Reports.

Motion to Exclude False Tes... by Whitney Prislac

Alex Murdaugh alibi defense laid out in motion

In a Nov. 17 motion, Murdaugh's attorneys claim that Murdaugh was not present at the scene of the crime when the shootings occurred, and he has one alibi witness.

Colleton County Coroner Richard Harvey reported in June of 2021 that the time of death for Maggie and Paul was estimated to be between 9 p.m. and 9:30 p.m.

Murdaugh's alibi motion claims that Maggie and Paul were still alive when he left the Murdaugh family home, Moselle, a few minutes after 9 p.m. to visit his ailing mother, who was at her home in Almeda with a caregiver.

The alibi defense also states that Murdaugh reportedly made several phone calls while he was driving, and returned home to find the bodies around 10:05 p.m.

Civil court judge approves motion to delay boat crash trial

The 2019 Mallory Beach wrongful-death lawsuit involving Murdaugh as a defendant was scheduled to be tried in Hampton County Court of Common Pleas on Jan. 9, just days ahead of Murdaugh's murder trial in Colleton County, but on Nov. 22, Circuit Judge Daniel D. Hall issued an order postponing that trial until a later date to be determined.

Murdaugh's murder trail remains set for Jan. 23.

Murdaugh is also facing a dozen lawsuits and scores of financial and drug crime charges, and is jail in Richland County on a $7 million bond.

This article originally appeared on Greenville News: Murdaugh murders: Attorneys allege altered photos, destroyed evidence