Tracy Glantz/The State via AP/FILE
Federal prosecutors say Alex Murdaugh, seen here during a hearing in Columbia, South Carolina, in January, failed a polygraph test violating a plea agreement that required him to be truthful.
CNN
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Alex Murdaugh failed a lie detector test administered as part of the plea agreement for the disgraced former attorney’s raft of financial crimes, violating the deal, which required his truthfulness, federal prosecutors said in a court filing Tuesday.
As a result, the US Attorney’s Office for the District of South Carolina is asking a court to release the federal government from the terms of that agreement, freeing prosecutors from their obligation to recommend Murdaugh serve a federal prison sentence concurrent with one imposed in state court for similar crimes.
Murdaugh “denies the allegation” that he breached the plea agreement, his attorneys said in their own filing Thursday opposing a request by prosecutors that the court seal the polygraph examination report.
“To allow the Government to publicly accuse Murdaugh of breaching his plea agreement while also allowing the Government to hide all purported evidence supporting that accusation from the public would violate the public’s right to the truth,” their response says.
CNN has requested comment from Murdaugh’s lawyers.
The now-disbarred attorney is already serving 27 years for similar crimes after pleading guilty in state court to nearly two dozen charges including money laundering, breach of trust, conspiracy, forgery and tax evasion. That’s in addition to the two consecutive life sentences he received a year ago after he was convicted of the June 2021 murders of his wife and 22-year-old son; killings state prosecutors argued were carried out to offer a distraction as his financial schemes unraveled.
The revelation of the failed polygraph test comes days before Murdaugh’s federal sentencing hearing, scheduled for Monday, April 1. He pleaded guilty in September to 22 charges of conspiracy, fraud and money laundering. Each carries a maximum sentence of up to 20 or 30 years in prison, federal prosecutors said previously.
Murdaugh was accused of carrying out several schemes aimed at defrauding his personal injury clients and law firm of millions of dollars in settlement funds that he then used for his personal benefit, according to an indictment.
As part of his plea deal in the federal case, Murdaugh agreed to submit to polygraph examinations conducted by an examiner of the government’s choice, the court filing Tuesday says, as officials work to prosecute any coconspirators and to recover Murdaugh’s “ill-gotten gains” for his victims. About $6 million remains unaccounted for, the filing says.
In exchange for his cooperation, and for being “fully truthful and forthright” with law enforcement, the government “agreed to recommend Murdaugh’s federal sentence be served concurrently with any state sentence imposed.” If the agreement was breached “due to Murdaugh’s lack of truthfulness,” the government would be free to seek a maximum sentence, the filing says, and Murdaugh could not withdraw his guilty plea.
In October 2023, an FBI polygraph examiner conducted a two-part polygraph test on Murdaugh, the filing says. The results indicated deception, causing Murdaugh to fail and, the government argues, voiding the plea agreement.
The specifics of the examination, like what Murdaugh was asked and how he responded, are not publicly known.
The government’s filing indicates the examination was conducted “on issues related to hidden assets and the involvement of another attorney in Murdaugh’s criminal conduct.”
But prosecutors proposed a motion to seal the related exhibits, including the polygraph examination report and four FBI reports about interviews with Murdaugh last year.
All are related to an ongoing grand jury investigation, the motion said, and allegations of criminal activity by other people. Sealing the evidence is necessary to protect the integrity of that investigation, prosecutors argued, noting in a footnote that Murdaugh’s attorneys are opposed to sealing the polygraph report.
Murdaugh’s attorneys urged the court to deny the motion to seal the evidence in a filing Thursday, arguing prosecutors had not explained why a “less drastic” action, like a redaction of the polygraph and FBI interviews, would not be sufficient, as required by a court rule.
“But most importantly, the Government accuses Murdaugh of breaching his plea agreement and Murdaugh denies the allegation,” their filing says. “The public has a right to know the truth of the matter through judicial proceedings that are open and transparent, not closed and sealed.”
Murdaugh cried during the hearing last September as he told the judge he was pleading guilty of his own free will – not just because he was guilty, but also so his surviving son could see his father take responsibility for his actions and help his victims heal, according to three attorneys who were present.
