In a motion filed late Monday, defense attorneys for Alex Murdaugh asked the presiding judge to compel prosecutors to turn over full forensic extraction files for several cell phones examined by state investigators.
The defense argues that while it may have state-generated reports from the cellphones of Murdaugh and the victims, its own forensic examiner “cannot verify the state’s timeline, test the state’s interpretation of it, or search for what the state’s examiner left out” without the original files.
Defense attorneys say access to the forensic extraction files will allow them to conduct a deeper dive, beyond text messages, emails, and photos. They argue those files can show deleted information, as well as when that information was created or changed.
The defense is especially interested in information regarding the timeline of the 2021 murders.
For instance, attorneys say prosecutors derived their timeline for the crime from the cell phone of Murdaugh’s murdered wife, Maggie. Prosecutors also used his murdered son’s cellphone during the initial trial to show a video they say proved Murdaugh was at the crime scene just minutes before the killings.
The South Carolina Supreme Court granted the 58-year-old a new trial earlier this year, citing jury tampering by then Colleton County Clerk of Court Becky Hill. The justices said conversations Hill had with jury members deprived Murdaugh of his right to a fair trial.
The presiding judge, Debra McCaslin, has scheduled a new hearing in the case for Oct. 16. Murdaugh is expected to stand trial April 5, 2027, in Sumter.
