Murdaugh defense says newly disclosed reserve DNA samples should go to Othram before state analysis

Alex Murdaugh's attorneys accidental prosecutors precocious disclosed that antecedently unprocessed reserve DNA samples stay successful the execution case, fueling a renewed effort to person an autarkic laboratory analyse the grounds earlier South Carolina investigators behaviour further testing.

Defense attorneys wrote allowing the South Carolina Law Enforcement Division (SLED) to behaviour further abbreviated tandem repeat, oregon STR, investigating archetypal could devour oregon degrade the remaining DNA earlier Texas-based Othram Inc. has an accidental to analyse it.

In a memorandum filed July 30, obtained by WSAV successful Savannah, Georgia, and reviewed by Fox News Digital, Murdaugh's attorneys asked a justice to merchandise the reserve DNA samples to Othram earlier SLED conducts immoderate further testing.

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The filing argued the series of investigating was captious due to the fact that Othram's azygous nucleotide polymorphism, oregon SNP, investigating requires DNA that has not already been depleted oregon degraded done anterior analysis.

Disgraced South Carolina lawyer Alex Murdaugh was convicted successful March of murdering his wife, Maggie, and youngest son, Paul, connected his hunting property successful June 2021. (Andrew J. Whitaker/The Post And Courier via AP, Pool, File)

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"Because SNP investigating requires a familial illustration that has not been depleted oregon degraded by anterior analysis, the series successful which the reserve samples from Items 70 and 71 are tested matters," the memorandum states. "SLED's projected STR retesting risks consuming the precise worldly Othram would need, portion proceeding with Othram's SNP investigation archetypal forecloses nary STR investigating SLED mightiness inactive privation to behaviour afterward."

The memorandum noted prosecutors disclosed "for the archetypal time" that reserve DNA samples from Items 70 and 71 stay unprocessed.

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The filing described a July 7 Webex league involving defence attorneys, prosecutors, SLED forensic scientists and Othram CEO Dr. David Mittelman pursuing a June 29 proceeding to sermon the projected testing.

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Alex Murdaugh, convicted of sidesplitting his wife, Maggie, and younger son, Paul, successful June 2021, sits during a proceeding connected a question for a retrial, Tuesday, Jan. 16, 2024, astatine the Richland County Judicial Center successful Columbia, S.C. (Tracy Glantz/The State via AP, Pool)

The defence further argued SLED had "articulated nary technological basis" for repeating investigating already performed connected the evidence. Attorneys wrote different circular of STR investigating could permanently trim the magnitude of DNA disposable for autarkic analysis.

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"There is nary technological crushed connected the existent grounds to devour further reserve illustration worldly to get a 2nd STR result," the filing states. "Absent immoderate articulated ground for believing repetition STR investigating volition nutrient caller oregon antithetic information, the lone evident effect of allowing SLED to proceed is to devour irreplaceable illustration worldly earlier Othram ... has the accidental to trial it."

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The defence besides renewed its disapproval of SLED's handling of forensic evidence, citing erstwhile disputes implicit humor grounds recovered from 1 of Murdaugh's T-shirts arsenic further justification for autarkic testing.

Paul, Alex, Maggie and Buster Murdaugh astatine a sporting event. Alex, was convicted of fatally shooting his woman and son. (Facebook)

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The memorandum estimated Othram could implicit its investigation wrong 60 to 90 days astatine Murdaugh's expense.

Last month, prosecutors urged a justice to cull Murdaugh's latest requests for autarkic DNA investigating and expanded entree to physics lawsuit materials portion helium remains successful situation awaiting retrial.

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In the June filings, prosecutors opposed 2 motions from Murdaugh's ineligible team: 1 seeking autarkic DNA investigating tied to grounds recovered from beneath Maggie Murdaugh's fingernails and different requesting support for Murdaugh to reappraisal lawsuit materials electronically portion incarcerated.

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The filings travel arsenic Murdaugh prepares for a 2nd execution proceedings aft the South Carolina Supreme Court overturned his convictions successful May, uncovering erstwhile Colleton County tribunal clerk Rebecca "Becky" Hill engaged successful assemblage tampering that compromised his close to a just trial.

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Murdaugh was convicted successful March 2023 of murdering his wife, Maggie, and son, Paul, astatine the family's Colleton County hunting property successful June 2021. The assemblage besides recovered him blameworthy of 2 weapons charges.