Murdaugh Defense Seeks Dismissal of Murder Indictments Citing Investigator Perjury

Attorneys representing Alex Murdaugh are scheduled to appear in court on Friday, November 13, to request that the original murder indictments be dismissed. The defense argues that David Owen, the chief investigator in the case, lied to the grand jury. This legal maneuver comes as Murdaugh prepares for a retrial on the charges of killing his wife, Maggie, and his younger son, Paul.

The need for a retrial stems from a decision by the South Carolina Supreme Court. The high court overturned a previous life sentence, ruling that a court clerk had improperly influenced jurors against the defendant. While the request to toss the indictments is considered a longshot by legal observers, a favorable ruling would serve as a significant criticism of Agent Owen's conduct.

Even if Judge Debra McCaslin grants the defense's motion to dismiss, it may not halt or delay the April retrial. Prosecutors retain the ability to seek a new set of grand jury indictments as early as next month. Defense attorneys have stated that they do not intend to prevent the prosecution from pursuing new charges.

Agent Owen has a history of scrutiny in high-profile cases. Last year, a judge dismissed a different murder case involving Owen after the victim's mother revealed that she had informed the agent of a suicide threat made by her daughter days prior to her death. Owen failed to relay this information to either the prosecutors or the defense. He abruptly retired in 2024, shortly after receiving the State Law Enforcement Officer of the Year award.

Owen has acknowledged making mistakes in the Murdaugh case but has denied intentionally misleading the grand jury. The defense contends that Owen told the Colleton County grand jury that blood spatter was found on a T-shirt Murdaugh was wearing on the night of the killings. However, an earlier report from state agents indicated there were no blood stains, and such evidence was never introduced during the trial.

The defense has consistently highlighted the limited physical evidence against their client. No DNA or blood was found on Murdaugh or his clothing, despite the killings being committed at close range with powerful weapons that were never located. Additionally, Owen informed grand jurors that the specific ammunition load used to kill Paul Murdaugh was found in other weapons on the property, a claim the defense says was inaccurate.

Prosecutors have pushed back against allegations of deliberate misconduct, stating in a written filing that a single mistake does not constitute bad faith. They maintain that they possess ample other evidence to support the murder charges. This includes audio recordings where Murdaugh's voice is heard at the scene, contradicting his denials, as well as evidence of the family's mounting debts and the near-discovery of Murdaugh's financial schemes.

Legal analyst Jessica Levinson noted on CBS Mornings that even if the case is dismissed, the prosecution would likely feel confident in bringing a similar case to a jury. She suggested the state could seek another conviction based on evidence unrelated to the investigator's testimony.

Murdaugh, 58, remains in prison serving a decades-long sentence for stealing millions of dollars from clients. He has admitted in court to being a thief, an insurance cheat, a bad lawyer, and a longtime opioid addict, though he continues to deny being a killer. Prosecutors previously argued that he killed his family because he believed the resulting public sympathy would buy him time to cover up his financial thefts.