Click here for updates on this story
South Carolina (WJCL) — South Carolina prosecutors are pushing back on a claim made by Alex Murdaugh’s defense attorney, Dick Harpootlian, who said in court last week that Murdaugh had passed a polygraph test “with flying colors.”
Harpootlian made the statement on Aug. 14 during a discussion of a polygraph given to Eddie Smith by two SLED examiners prior to the first trial for the murders of Paul and Maggie Murdaugh. He said, “I will tell you, Mr. Murdaugh passed a polygraph, flying colors. The same polygrapher. So, it may play a role in this trial.”
In a four-page filing, prosecutors asked the court to correct what they called “factually inaccurate statements” made by Harpootlian.
The state said Murdaugh never took a SLED-administered polygraph, either about the murders or any other subject. Prosecutors also said the two SLED examiners who tested Smith never examined Murdaugh, despite Harpootlian’s suggestion that Murdaugh had been tested by the “same polygrapher.”
However, prosecutors revealed Murdaugh did take a polygraph administered by the FBI in October 2023, several months after his first murder trial. According to the state, that test was not related to the murders. Instead, it focused on financial matters, including whether Murdaugh had hidden assets and whether he had told another attorney he was stealing money.
Prosecutors said Murdaugh failed that FBI test.
The Attorney General’s Office said it was not involved in or aware of the FBI polygraph when it was administered. Prosecutors said the FBI provided them with the results for the first time Wednesday, Aug. 19.
The state emphasized that even though Murdaugh took that FBI test, it does not support Harpootlian’s claim that Murdaugh passed a government-administered polygraph, much less one concerning the murders.
A judge has already ruled that polygraph results will not be admissible at trial. The ruling also bars evidence about whether a defendant was willing to take a polygraph or refused to take one.
In a response filed by Murdaugh’s defense on Thursday, Harpootlian acknowledged that his statement in court was incorrect.
“I realize I mistakenly conflated several facts and my statement was incorrect,” Harpootlian wrote.
He apologized to the court and the state for any confusion he may have caused, but said he could not disclose further details about any polygraph testing involving Murdaugh.
Harpootlian also argued that his incorrect statement did not affect the judge’s ruling because the court had already decided that polygraph evidence would not be allowed at trial.
Please note: This story was provided to CNN Wire by an affiliate and does not contain original CNN reporting. This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.