Murdaugh prosecutor Creighton Waters says he'll let judge decide on new trial site

John Monk, The State (Columbia, S.C.) on Aug 21, 2026

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

COLUMBIA, S.C. — Like most prosecutors, Creighton Waters, the lead prosecutor in the Alex Murdaugh retrial case, is not hesitant about making a point.

But when it comes to expressing a preference for a county to retry Murdaugh on double murder charges, Waters will let state Judge Debra McCaslin be the decider.

“We leave it to the court’s discretion to choose an appropriate venue considering all of the factors: including logistics, expense, and most importantly, impanelment of a fair and impartial jury,” Waters wrote in an email letter to McCaslin on Wednesday, Aug. 19.

McCaslin will be the trial judge at Murdaugh’s new trial, which is scheduled to start April 5.

McCaslin, ruled Friday, Aug. 14, that because of the pervasive publicity surrounding Murdaugh and his case, the accused killer and disbarred attorney could not receive a fair trial in Colleton County, where he was tried last time, and its nearby counties in the 14th Judicial Circuit — Beaufort, Hampton, Allendale and Jasper.

That left 41 other South Carolina counties, some of which are more preferable than others because of courtroom size, location, parking and other variables.

After defense attorneys earlier this month suggested Charleston because of a potential large jury pool, prosecutors objected because of Charleston’s higher prices, traffic congestion and parking difficulties.

Instead of Charleston, prosecutors suggested in an Aug. 12 filing that Spartanburg, Newberry, Lancaster, York or Florence counties were suitable alternatives.

In that filing, prosecutors mentioned the Masters golf tournament, which attracts thousands of tourists, takes place in the April 5 week and would render Richland, Lexington and Aiken counties unsuitable because of the Masters crowds.

On Monday, Aug. 17, Murdaugh’s attorneys proposed the Richland County courthouse as a trial site. They said that the first week of trial would be taken up with jury selection, so the Masters tournament would not interfere with the trial once it gets going.

McCaslin had said she hoped that prosecution and defense would agree on a site.

“I was in hopes the two of you-all could agree on a destination but since that’s not happening, I will decide, and I will let you-all know,” McCaslin told Harpootlian and Waters at last Friday’s hearing.

McCaslin did not set a timetable by which she will make a decision. Her decision may involve taking trips to various courthouses to see for herself to meet clerk of court staff and see which more suitable.

So a decision on which county to try Murdaugh may not come anytime soon.

Murdaugh’s wife, Maggie, and son Paul were found shot to death at the family estate in rural Colleton County in June 2021.

In July 2022, Murdaugh was indicted for their murders.

In January 2023, Murdaugh stood trial in Colleton County and in March of that year was convicted of Maggie and Paul’s murders. Judge Clifton Newman sentenced him to two consecutive life terms in prison.