Defense attorneys have informed a judge that prosecutors recently disclosed the existence of reserve DNA samples that have not yet been processed in the murder case, prompting a request to have the samples examined by an independent laboratory before additional testing is conducted by state investigators.
The defense argues that short tandem repeat (STR) testing performed by the South Carolina Law Enforcement Division could consume or degrade the DNA, compromising the material needed for single nucleotide polymorphism (SNP) analysis by a private lab. Preserving the integrity of the samples, they contend, is essential for accurate results.
A memorandum filed on July 30 outlined the defense’s concerns, noting that prosecutors had only now revealed that reserve samples from items 70 and 71 remain unprocessed. The filing also referenced a July 7 conference involving defense counsel, prosecutors, forensic scientists, and the private lab’s chief executive.
The defense maintains that there is no scientific basis for repeating STR testing on material already examined, and that any additional retesting could permanently reduce the amount of DNA available for independent analysis.
They also cited earlier disputes over blood evidence recovered from a T‑shirt belonging to the defendant as further justification for independent testing.
The private laboratory estimates it could complete its analysis within 60 to 90 days, at the defendant’s expense.
Prosecutors have previously asked a judge to reject the latest requests for independent DNA testing and for expanded electronic access to case materials while the defendant remains incarcerated awaiting retrial.
The case has entered a new phase as the state Supreme Court overturned the defendant’s convictions after discovering jury tampering that compromised the original trial.
The defendant was originally convicted of murdering his wife and son at their family estate and of two weapons charges.
