LEXINGTON COUNTY, S.C. — Alex Murdaugh returned to South Carolina court Monday morning in the shadow of the clerk of court scandal that unraveled his convictions and gave one of America’s most notorious defendants a shot at a second trial.
Murdaugh, the disgraced former South Carolina attorney convicted in the 2021 murders of his wife and son before his convictions were overturned, appeared at the 10 a.m. status and scheduling hearing in Lexington County, South Carolina.
South Carolina Circuit Court Judge Debra R. McCaslin said she is considering April 5 as the new trial date, though she said the timing could depend in part on how long requested DNA testing takes.
McCaslin warned both sides that once she sets a trial date, she does not grant continuances without a strong reason.
"Please do not think that this case is going to be tried a year later, because it's not. We're going forward," McCaslin said.
The potential trial date was one of several issues discussed on Monday as both sides prepare for round two of Murdaugh's murder case, which continues to attract significant attention from the media and public.
"I see we have a full house," McCaslin said as Murdaugh entered the packed courtroom dressed in an orange prison jumpsuit, and shackles around his waist and hands.
The hearing marked Murdaugh’s first court appearance related to his potential retrial since he was sentenced in his sweeping financial crimes cases in 2023 and 2024.
The hearing did not dive into the grisly murders of his wife, Maggie, 52, and their younger son, Paul, 22, who were found shot to death near the dog kennels at the family’s hunting estate, known as Moselle, in June 2021.
Instead, the proceeding focused on scheduling, discovery and other procedural matters as prosecutors and defense attorneys began mapping out what could become Murdaugh’s second murder trial.
As the hearing kicked off, prosecutors and the defense team sparred on evidence and scheduling.
"There's absolutely no evidence that Maggie Murdaugh is in a struggle with anyone, that she had any sort of defensive wounds that she was scratched from, sort of attacker," lead prosecutor Creighton Waters said.
"And we also know that it's very common with how sensitive DNA is. We're constantly shedding DNA and picking up DNA from others by shaking hands and door knobs and all the rest of it. So, you know, this is a bit of a red herring, but that doesn't mean that we are not willing to discuss with the defense anything that they want to do that would be reasonable."
Murdaugh's lead defense attorney, Dick Harpootlian, said that the team has eight experts lined up for the retrial, saying that a retrial by the end of year "cannot be done."
South Carolina Attorney General Alan Wilson has indicated he hopes to try the case by the end of the year, previously telling Fox News Digital that he plans to try it "as quickly and expeditiously as possible."
"Look, I'm being aspirational when I say this, but we would like to try to get this case up before January 2027. That would be our goal," he said.
McCaslin also addressed the dissemination of state grand jury material and whether Murdaugh could have access to a computer in prison as his defense team prepares for a possible retrial.
Waters argued that Murdaugh had already had his prison tablet taken away and claimed he was caught receiving contraband from a family member. Waters also pointed to Murdaugh’s fraud convictions as a reason for caution.
WATCH:
Harpootlian countered that denying Murdaugh access to a laptop would slow the trial process.
"The idea of bringing him in here, chained up, the idea of not letting him have access to a laptop, the idea of opposing everything we're trying to do is expedite this process. I understand it's Mr. Waters' job to legally prejudice the defendant, but this is beyond the pale," Harpootlian said.
McCaslin said the prison warden would not allow Murdaugh to have a laptop in his cell because of safety concerns. The judge said Murdaugh is entitled to all of his discovery materials, but said the court must also account for prison security issues.
The judge said defense counsel may bring a laptop and review materials with Murdaugh in a conference room, but someone must remain with him. She said she would not allow Murdaugh to keep a laptop in his cell.
WATCH: Alex Murdaugh's defense team seeks new DNA testing in retrial
The hearing then turned to whether Murdaugh could dress in street clothes and appear unshackled during court proceedings.
"Potential jurors are watching this right now. It's going to be wherever this goes. It's going to be difficult to get it there. And to the extent that they're parading him around in a jumpsuit, shackled like an animal, impact their view, it's going to make it more difficult for us to get a jury," Harpootlian said.
The court later turned to a defense motion seeking further DNA analysis.
Defense attorney Jim Griffin said Murdaugh’s team wants to use advanced DNA technology that he said did not exist in 2021 but is available now. Griffin said the Houston-based DNA lab, Othram, is the lab the defense wants to use. Othram helped solve the Idaho student murder case.
Waters said he was willing to facilitate conversations with the South Carolina Law Enforcement Division (SLED) about the defense request.
Griffin said the DNA at issue came from Maggie Murdaugh’s left fingernail and had previously been tested by SLED. He said the result showed the DNA was not Alex Murdaugh’s and instead came from an unknown male.
Griffin argued the issue was worth examining further, saying a shell casing from the gun that killed Maggie Murdaugh was found under her body.
"I haven't said no," McCaslin said.
The judge then moved to the defense motion for a change of venue. She gave prosecutors time to review the motion and asked both sides to present suggestions before she makes a decision. If the parties cannot agree, McCaslin said she will decide.
McCaslin said future pretrial hearings would likely be held in Lexington County because the courthouse has a large courtroom, established security and space to accommodate attorneys, the public and the media.
The next pretrial hearing was set for Aug. 14. McCaslin asked attorneys to file motions by Aug. 7 so she has time to review them.
The hearing concluded shortly after 11 a.m.
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Murdaugh’s defense team has pushed for a venue change out of the circuit, arguing that the legal circus surrounding the case and the misconduct allegations tied to the original trial make it impossible for him to get a fair retrial.
Venue changes are typically a steep climb, criminal defense attorney Donna Rotunno told Fox News Digital, because courts often find that wall-to-wall publicity follows a notorious defendant no matter where the case is moved.
"A change of venue is always a difficult task because the court’s position is, no matter where you live, you know about this," she said. "You can read about it. You can watch these trials when they’re televised. So a lot of times courts will say it doesn’t matter if we change the venue."
But Murdaugh’s case, she said, is different.
His murder convictions were overturned after the South Carolina Supreme Court found improper comments by former Colleton County Clerk of Court Rebecca "Becky" Hill, whose conduct became the basis for Murdaugh’s bid for a new trial.
"I think in this situation, it’s a little bit different, given the fact that you had a clerk in that county basically cause the whole reason we’re having a new trial," Rotunno said. "So I do think, given the appearance of impropriety here, it would probably behoove the court to make the decision for the change of venue."
Rotunno said keeping the case in the same county could create problems down the line if Murdaugh were convicted again.
"I think if you’re looking at the thought of appeals down the line, if he were to lose in that same county, you may open yourself up to more scrutiny," she said.
WATCH: Buster Murdaugh: I do not believe the trial was fair
Murdaugh, once a powerful Lowcountry lawyer from a prominent legal dynasty, was convicted in March 2023 of gunning down Maggie and Paul. Prosecutors argued at trial that Murdaugh killed them to gain sympathy and distract from a collapsing web of financial crimes, stolen client money and lies.
The case was thrown back into turmoil after allegations surfaced that Hill made improper comments to jurors during the trial. Murdaugh’s defense argued she tampered with the jury to secure a guilty verdict and boost publicity for a book.
The court found that Hill was drawn by the "siren call of celebrity" and allowed public attention to overcome her duty. Hill co-authored a book about the proceedings, "Behind the Doors of Justice: The Murdaugh Murders," which the lawsuit says earned roughly $100,000 before being withdrawn amid plagiarism allegations.
In December 2025, Hill pleaded guilty to four charges: obstruction of justice and perjury for showing a reporter photographs that were sealed court exhibits and then lying about it, plus two counts of misconduct in office for taking bonuses and promoting a book she wrote on the trial through her public office.
WATCH: Buster Murdaugh: It took advantage of a jury pool in a very small town
The state has maintained that Murdaugh received a fair trial, but the South Carolina Supreme Court reversed the murder and weapons convictions and remanded the case for new proceedings. Murdaugh’s attorneys have already previewed some of the issues they want to raise before any retrial, including a motion to test unknown male DNA reportedly found under Maggie’s fingernails.