UMVA has learned that Alex Murdaugh's defense team is gearing up to tackle one of the most damaging pieces of evidence that led to his conviction: the infamous kennel video.
The cellphone video, recorded by Paul Murdaugh shortly before he and his mother were killed, was a key exhibit during Murdaugh's 2023 murder trial. Prosecutors argued it destroyed Murdaugh's original alibi and placed him at the family's Colleton County kennels minutes before the killings. Now, veteran defense lawyer Dick Harpootlian says the team has a strategy to address the video.
"We absolutely do, we absolutely do," Harpootlian said in a recent interview. "Yes, and we understand that's an issue and it's got to be dealt with." While Harpootlian declined to reveal specifics, his comments offer a clear indication that Murdaugh's legal team intends to challenge one of the prosecution's most powerful exhibits when the case returns to court.
Another major question hanging over any retrial is whether Murdaugh would once again take the witness stand. Harpootlian said that decision remains far from settled, calling it a "game-day decision" that will depend on how the trial unfolds.
The veteran attorney said the defense is intentionally avoiding discussions with Murdaugh about testifying until they have a clearer picture of how a second trial will unfold. Harpootlian noted that the defense plans to seek a change of venue, arguing that years of intense media coverage and the televised nature of the original trial have made it difficult to find jurors who have not already formed opinions about the case.
Harpootlian also criticized the state's investigation, describing what he called "blunder after blunder" in the handling of evidence. Those issues, he argued, underscore why prosecutors may face a more difficult task convincing a second jury beyond a reasonable doubt.
Despite Murdaugh's conviction, Harpootlian argued that prosecutors still face significant hurdles if they present the case to a new jury. "There's no eyewitness, there is no confession, there's no forensics that tie him to the scene. It's all circumstantial," Harpootlian said.
He argued that the burden remains on prosecutors to prove guilt beyond a reasonable doubt. "We don't have to prove him innocent," Harpootlian said. "We have to show and argue that the state did not prove him guilty beyond a reasonable doubt."
Harpootlian then offered a bold prediction about what could happen if the case is retried. "If you apply the correct legal standard, we believe Alex will be found not guilty."
