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Alex Murdaugh

Judge McCaslin Sets Oct. 8 Deadline for Prosecutors to Respond to Murdaugh Discovery Requests

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Judge Debra McCaslin ordered South Carolina prosecutors to respond by noon on Thursday, October 8, 2026, to outstanding defense discovery requests and motions in Alex Murdaugh’s murder retrial, according to FOX Carolina/WIS. The deadline follows complaints from Murdaugh’s lawyers about unanswered evidence requests; it is not a ruling that prosecutors violated an order. McCaslin also set an October 16 hearing on urgent evidentiary issues.

What prosecutors must address by October 8

The reported deadline covers the defense’s outstanding discovery motions and requests. Defense attorney Dick Harpootlian wrote to McCaslin after the defense said several requests for independent access to evidence and three motions to compel had not received responses. The reporting describes a response deadline, not a finding that prosecutors acted improperly or failed to obey a court order. FOX Carolina/WIS reported the deadline and the defense’s account.

According to Harpootlian’s letter as described in the report, the State responded to a September 11 defense letter on September 17, but had not answered later letters dated September 15, 21 and 30, or motions to compel filed September 18, 28 and 29. Those dates and the claimed lack of responses are the defense’s account.

What evidence is at issue

The requests concern material the defense says its experts need for crime-scene reconstruction and digital forensic analysis. Reports identify:

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  • DNA material and firearms evidence;
  • .300 Blackout cartridge-case and other ballistics questions;
  • raw FARO laser crime-scene scan data;
  • cellphone extraction files;
  • South Carolina Law Enforcement Division (SLED) lab narratives and supplemental investigative records; and
  • jail calls.

The October 16 hearing is expected to focus on DNA, cellphone extraction, ballistics and FARO scan data. Harpootlian called the defense “at a standstill”; that is his characterization of the dispute, not a judicial conclusion. WCBD’s report carried by AOL describes the requests and Harpootlian’s statement.

That report also attributes to Harpootlian the claim that, since the first trial ended in March 2023, the State had produced one item the defense sought: DNA samples released after an August court order. This is his description, not an independently verified inventory of everything prosecutors have produced.

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Why this is a discovery dispute, not a disciplinary complaint

The headline phrase “lawyer complaints” can sound like accusations of professional misconduct. Here it refers to complaints made by Murdaugh’s defense lawyers about prosecutors’ responses to requests for evidence in the criminal case. That process is separate from South Carolina’s lawyer-discipline system. The state’s Office of Disciplinary Counsel screens information about lawyer and judicial misconduct; it does not handle requests to overturn a tribunal result or obtain post-conviction relief. South Carolina’s Judicial Branch explains the Office of Disciplinary Counsel’s role.

How the dispute fits into the retrial

Murdaugh was convicted in March 2023 of murdering his wife, Maggie, and son, Paul. In May 2026, the South Carolina Supreme Court reversed the denial of his new-trial motion and sent the case back. A June 8, 2026 order by Chief Justice John W. Kittredge gave McCaslin exclusive jurisdiction over the listed indictments, including any murder retrial and related matters, and said she would retain jurisdiction regardless of where she was assigned to hold court. The order says, “Judge McCaslin shall decide all matters pertaining to these indictment numbers.” Read the South Carolina Supreme Court’s June 8 assignment order.

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What happens next

Date Reported event
Noon, October 8, 2026 Deadline for prosecutors to respond to outstanding defense discovery motions and requests.
October 16, 2026 In-person hearing at the Lexington Courthouse on urgent evidentiary issues, including DNA, cellphone extraction, ballistics and FARO scan data.
November 13, 2026 Other motions are scheduled to be heard.
April 5, 2027 Murdaugh’s retrial is scheduled to begin.

These are dates reported on October 2, 2026, and remain subject to change. As of October 3, prosecutors’ October 8 response deadline and the October 16 hearing were still in the future; no response, compliance finding or ruling on the dispute is established here. FOX Carolina/WIS’s October 2 report and WCBD’s report carried by AOL provide the reported schedule.

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