Alex Murdaugh's attorneys say prosecutors recently disclosed that previously unprocessed reserve DNA samples remain in the murder case, fueling a renewed effort to have an independent laboratory analyze the evidence before South Carolina investigators conduct additional testing.
Defense attorneys wrote that allowing the South Carolina Law Enforcement Division (SLED) to conduct additional short tandem repeat (STR) testing first could consume or degrade the remaining DNA before Texas-based Othram Inc. has an opportunity to analyze it.
In a memorandum filed July 30, obtained by WSAV in Savannah, Georgia, and reviewed by Fox News Digital, Murdaugh's attorneys asked a judge to release the reserve DNA samples to Othram before SLED conducts any further testing.
The filing argued the sequence of testing was critical because Othram's single nucleotide polymorphism, or SNP, testing requires DNA that has not already been depleted or degraded through prior analysis.
"Because SNP testing requires a genetic sample that has not been depleted or degraded by prior analysis, the sequence in which the reserve samples from Items 70 and 71 are tested matters," the memorandum states. "SLED's proposed STR retesting risks consuming the very material Othram would need, while proceeding with Othram's SNP analysis first forecloses no STR testing SLED might still wish to conduct afterward."
The memorandum noted prosecutors disclosed "for the first time" that reserve DNA samples from Items 70 and 71 remain unprocessed.
The filing described a July 7 Webex conference involving defense attorneys, prosecutors, SLED forensic scientists and Othram CEO Dr. David Mittelman following a June 29 hearing to discuss the proposed testing.
The defense further argued SLED had "articulated no scientific basis" for repeating testing already performed on the evidence. Attorneys wrote that another round of STR testing could permanently reduce the amount of DNA available for independent analysis.
"There is no scientific reason on the current record to consume additional reserve sample material to obtain a second STR result," the filing states. "Absent some articulated basis for believing repeat STR testing will produce new or different information, the only apparent effect of allowing SLED to proceed is to consume irreplaceable sample material before Othram ... has the opportunity to test it."
The defense also renewed its criticism of SLED's handling of forensic evidence, citing previous disputes over blood evidence recovered from one of Murdaugh's T-shirts as further justification for independent testing.
The memorandum estimated Othram could complete its analysis within 60 to 90 days at Murdaugh's expense.
Last month, prosecutors urged a judge to reject Murdaugh's latest requests for independent DNA testing and expanded access to electronic case materials while he remains in prison awaiting retrial.
In the June filings, prosecutors opposed two motions from Murdaugh's legal team: one seeking independent DNA testing tied to evidence recovered from beneath Maggie Murdaugh's fingernails and another requesting permission for Murdaugh to review case materials electronically while incarcerated.
The filings come as Murdaugh prepares for a second murder trial after the South Carolina Supreme Court overturned his convictions in May, finding former Colleton County court clerk Rebecca "Becky" Hill engaged in jury tampering that compromised his right to a fair trial.
Murdaugh was convicted in March 2023 of murdering his wife, Maggie, and son, Paul, at the family's Colleton County hunting estate in June 2021. The jury also found him guilty of two weapons charges.