Murdaugh defense says newly disclosed reserve DNA samples should go to Othram before state analysis
Murdaugh Defense Pushes for Othram DNA Testing Before State Review
Explorehotelworld.com – Murdaugh defense says newly disclosed reserve DNA samples should be sent to an independent laboratory for analysis before South Carolina investigators proceed with additional testing. Alex Murdaugh's legal team argues that prosecutors recently revealed previously unprocessed genetic samples remain in the murder case, prompting a renewed effort to secure independent examination. Defense attorneys contend that allowing the South Carolina Law Enforcement Division (SLED) to conduct further short tandem repeat (STR) testing first could deplete or degrade the remaining DNA before Texas-based Othram Inc. completes its work.
Why Testing Sequence Matters
In a memorandum filed July 30 and obtained by WSAV in Savannah, Georgia, Murdaugh's attorneys requested that a judge release the reserve DNA samples to Othram before SLED conducts any additional testing. The filing emphasized that the testing sequence is critical because Othram's single nucleotide polymorphism, or SNP, testing requires DNA that has not already been depleted 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. A July 7 Webex conference involved defense attorneys, prosecutors, SLED forensic scientists and Othram CEO Dr. David Mittelman following a June 29 hearing to discuss the proposed testing approach.
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.
Frequently Asked Questions
Q: What are the reserve DNA samples in the Murdaugh case? A: The reserve DNA samples are previously unprocessed genetic materials from Items 70 and 71 that prosecutors recently disclosed remain in the murder case.
Q: Why does the Murdaugh defense want Othram to test first? A: Othram's SNP testing requires DNA that has not been depleted or degraded by prior analysis, and the defense argues SLED's STR retesting could consume the material Othram needs.
Q: How long will Othram's analysis take? A: The memorandum estimates Othram could complete its analysis within 60 to 90 days at Murdaugh's expense.
Q: What happened to Murdaugh's original conviction? A: 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.