I did not know this about the lie detector evidence that wasn't allowed to be referred to in court. This is probably why he was not called as a witness at all.
Legal lines are being drawn and rules of engagement are being set in pretrial motions and court orders as Alex Murdaugh's double murder trial nears.
eu.greenvilleonline.com
From the link -
On Oct. 14, Murdaugh's attorneys filed a
motion to compel seeking a court order forcing state prosecutors to turn over polygraph data from the May 5, 2022, interview of Curtis Edward Smith, who is charged with drug and financial crimes in connection with Murdaugh. The motion also sought information regarding
Smith's DNA and any possible connections of his DNA to the murder crime scene.
Photo of Curtis Edward Smith taking a polygraph test in May of 2022.
COURTESY OF SC ATTORNEY GENERAL'S OFFICE
The lengthy, detailed and revealing motion alleged that
Smith lied during a polygraph test when he was questioned about being at the murder crime scene, and arguably attempted to paint the possibility that there may be other suspects in the murders other than Murdaugh.
On Dec. 28, the state filed two "motions in limine" seeking the exclusion of this polygraph evidence and the exclusion of any evidence related to possible "third-party guilt."
A motion in limine is a pretrial motion that allows litigators to seek to exclude certain evidence from being presented to a jury on the grounds that it may be irrelevant, unreliable, or prejudicial.
The first motion in limine seeks a court order preventing Murdaugh and his counsel from making any reference to polygraphy and any specific polygraph test, arguing that polygraph tests are inadmissible in court and adding that the law typically forbids mention of polygraph tests during court proceedings.
"... the general rule is that no mention of a polygraph test should be placed before the jury," states the filing.
"Despite the inadmissibility of polygraphy, counsels for defendants endeavored mightily to explore the subject - and inaccurately at that - in a highly publicized filing of October 14, 2022. As such, the State expects the Defendant to attempt to broach the subject at trial by any means necessary."
The first motion in limine seeks to exclude any mention of polygraphs during any phase of the trail.
The second motion in limine seeks to prohibit Murdaugh's counsel from making any reference to or presenting evidence of "third-party guilt evidence" during any phase of the trial, at least until after the court reviews the evidence to determine if it meets the standards of SC law.
