Alex’s attorneys filed a motion on September 18 asking Judge Debra McCaslin to compel prosecutors to provide additional forensic evidence, according to FITSNews.
The filing focuses in part on DNA recovered from Maggie’s fingernail clippings and swabs taken from her cellphone.
The defense previously obtained permission to send the fingernail evidence to independent laboratory Othram for an initial assessment.
According to the motion, Othram examined four samples and detected small amounts of Y-chromosome material in extracts previously analyzed by the South Carolina Law Enforcement Division [SLED].
The defense argues SLED’s underlying 2021 worksheet raises questions about how the results were interpreted.
Attorneys pointed to differences between samples from Maggie’s left and right hands and are asking to continue testing before the remaining biological material is exhausted.
Prosecutors have pushed back on additional testing.
In a September 17 letter attached to the motion, senior assistant deputy attorney general Creighton Waters said Othram found “extremely low” levels of male DNA in the previously tested extracts and none detectable in the reserve samples.
Creighton also referenced an Othram scientist’s warning that additional testing would be “high risk” and might not produce usable results.