This morning, Eric Bland attended the first status conference on the Alex Murdaugh retrial on double murder charges. Judge Deborah McCaslin presided. She is the designated trial judge for this matter. As always, she was direct and efficient. She advised both sides to assume she has limited familiarity with the first trial, and made clear that once she sets dates, whether for pre-trial motion hearings or trial, she does not change them absent compelling and legitimate cause.
Alex Murdaugh was present in prison attire, chained and shackled, as required at non-jury hearings for convicted felons. He holds felony convictions at both the state and federal levels for financial crimes. Notably absent from the courtroom were any supporters, including no family members, former law partners, colleagues, or friends, including Buster or John Marvin Murdaugh.
Defense attorney Dick Harpootlian renewed his request that Murdaugh not be shackled during non-jury hearings, arguing that his client is not a serial killer. Assistant Attorney General Creighton Waters responded that the state cannot change the fact that Murdaugh is a convicted felon. Judge McCaslin indicated she will rule on the request at a later date. Harpootlian also confirmed that the defense will present an entirely new set of expert witnesses, eight in total, none of whom testified at the first trial.
Significant argument arose over whether Murdaugh should be permitted access to a laptop to review privileged grand jury materials and assist in his own defense. Harpootlian cited the logistical burden of attorney visits, approximately three hours of travel each way with a three-hour meeting cap. Waters countered that Murdaugh was convicted of computer crimes, that he defrauded former clients of millions of dollars, and that he has previously violated prison rules regarding tablets and received contraband from family members. Both Waters and Judge McCaslin noted that the South Carolina Department of Corrections does not permit laptops in prison, citing safety risks to all inmates. Harpootlian argued the laptop could be encrypted and kept offline, but Judge McCaslin held that the decision rests with the warden. She indicated she may allow Murdaugh to meet with defense law clerks and paralegals, without counsel present, to review materials on their devices, and that those sessions could exceed the current three-hour limit. A formal ruling is forthcoming.
The parties also addressed whether Murdaugh's financial crimes will be admitted at the retrial. That question has procedural significance for this case and will require a ruling from Judge McCaslin well in advance of the trial date.
The next pre-trial hearing, covering the Motion to Change Venue, DNA-related motions, and other pending matters, is scheduled for August 14 at the Lexington County Courthouse. Judge McCaslin indicated that all pre-trial proceedings will be held in Lexington, citing the courthouse's size, staff, and facilities. Trial is set to begin with jury selection on April 5, 2027. Her comments suggested the trial itself may be held in a larger, more modern venue than Colleton County, though no formal announcement was made.
It was a relatively routine first status conference. Some of the same media and observers from the first trial were in attendance. This process will unfold over the next ten months.
Eric S. Bland and Ronald L. Richter, Bland Richter, LLP