COLUMBIA, S.C. — The attorney for a South Carolina lawyer charged with killing his wife and son says he's not getting information from prosecutors so he can try his case.
Dick Harpootlian spoke Wednesday with reporters about the case of his client, Alex Murdaugh. During the news conference, Harpootlian claimed that prosecutors with the State Attorney General's Office have not given the defense evidence within the 30 days since they filed a motion to obtain those documents -- as per South Carolina law -- and likened the prosecution's actions to his client being "tried by ambush."
He claims his team has not received any evidence -- including cell phone data, forensics, and an autopsy report -- and filed a motion yesterday with presiding Judge Clifton Newman ordering the state to unseal search warrants and affidavits related to the case. Harpootlian said that after the indictment was brought, his team should have received the evidence in the case.
"This is 'gotcha' prosecution," Harpootlian said. "Give us the stuff. You went to a grand jury and said you have enough evidence to convict Alex Murdaugh, convince a jury beyond reasonable doubt -- where is it? I don't have a shred of paper."
Harpootlian also claimed that prosecutors leaked information to the press that Murdaugh would be indicted for murder two days before the formal announcement was made.
Robert Kittle, communications director for Attorney General Alan Wilson's Office, said in response to Harpootlian's motion to unseal search warrants in the case that state prosecutors had sent Harpootlian and his team a proposed order to unseal the documents on August 12. The defense team replied with edits to that motion and, according to prosecutors, ultimately opposed the motion to unseal the documents at that time.
As to Harpootlian's claim that evidence was leaked to the media, Kittle said, "Contrary to what Mr. Harpootlian said at his news conference, it is categorically false that the Attorney General’s Office leaked any information in the Murdaugh murder case. We’ve been in communication with SLED and they deny that they told anyone that our office leaked anything."
Also on Wednesday, the Attorney General's Office filed a response in opposition to Harpootlian's motion to compel.
In the paperwork filed with the General Sessions 14th Judicial Circuit Court in Colleton County, the Attorney General's Office says Harpootlian and his team's motion is "unfortunately a not unexpected but completely blatant attempt to create drama where formerly there was none. It is clearly aimed at generating content for the press conference defense counsel has called on this matter rather than actually doing anything meaningful to move forward litigation of the case."
It further states Harpootlian's team has received "thousands of pages of discovery materials" and notes the back-and-forth of emails between the two sides on the matter of unsealing the protective order for state grand jury materials.
At this time, both sides have agreed the case against Alex Murdaugh will go to trial sometime in January.
Murdaugh remains in custody at Richland County's Alvin S. Glenn Detention Center in Columbia.