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Judge Debra McCaslin ordered South Carolina prosecutors to respond by noon on October 8, 2026, to outstanding defense discovery motions and requests in Alex Murdaugh’s murder retrial, according to FOX Carolina/WIS. The order sets a response deadline; the report does not say McCaslin found prosecutors violated an order or ruled on the underlying requests.

What McCaslin ordered

FOX Carolina/WIS reported on October 2 that prosecutors must respond by noon Thursday, October 8, to the defense’s outstanding motions and evidence requests. The report described a deadline for a response, not a ruling granting the defense’s requests. FOX Carolina/WIS report

The dispute arose after defense attorney Dick Harpootlian wrote to McCaslin. As recounted in that report, the defense said the State had responded to a September 11 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 are the defense’s assertions as reported, not findings by the court.

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What evidence the defense is seeking

The reported requests concern materials the defense says its experts need to analyze evidence and reconstruct the crime scene. The October 16 hearing is expected to focus on DNA, cellphone extraction, ballistics and FARO scan data. Other items mentioned in the reports include:

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  • Raw data from FARO laser scans of the crime scene.
  • Cellphone extraction files and digital forensic materials.
  • DNA samples and related information.
  • Ballistics information, including questions about .300 Blackout cartridge cases, and firearms evidence.
  • South Carolina Law Enforcement Division (SLED) laboratory narratives and supplemental investigative records.
  • Jail calls.

A separate WCBD report carried by AOL says Harpootlian told the judge that, since the first trial ended in March 2023, the State had produced one item sought by the defense: DNA samples released after an August court order. That is Harpootlian’s description, not an independently verified inventory of what prosecutors have produced. He characterized the defense as “at a standstill.” WCBD report carried by AOL

What “lawyer complaints” means in this case

The reported complaints are defense counsel’s objections about responses to evidence requests in the criminal case. They are not described as professional-discipline complaints against lawyers. South Carolina’s Office of Disciplinary Counsel handles a separate process for screening lawyer and judicial misconduct information; it does not decide trial discovery disputes. Its guidance says complaints that seek to challenge a tribunal result or obtain post-conviction relief fall outside its jurisdiction. South Carolina Judicial Branch: Office of Disciplinary Counsel

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Why McCaslin is handling the case

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 remanded the case. Chief Justice John W. Kittredge’s June 8, 2026 order gave McCaslin exclusive jurisdiction over the listed indictments and related matters, including any murder retrial, regardless of where she was assigned to hold court. The order states: “Judge McCaslin shall decide all matters pertaining to these indictment numbers.” South Carolina Supreme Court order

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What happens next

  • October 8, 2026, noon: Prosecutors’ reported deadline to respond to the outstanding defense motions and requests.
  • October 16, 2026: In-person hearing at the Lexington Courthouse on urgent evidentiary issues, expected to include DNA, cellphone extraction, ballistics and FARO scan data.
  • November 13, 2026: Other motions are scheduled to be heard.
  • April 5, 2027: The murder retrial is scheduled to begin.

These are future dates reported on October 2, 2026, and may change. As of October 3, prosecutors’ October 8 response was still in the future; whether they filed, and what the judge later decided, was not yet established.

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