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“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.

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US District Court Judge Richard M. Gergel gave federal prosecutors until the end of business on Friday to submit redacted versions of witness interview summaries and an expert report relatedto the polygraph exam.

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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.

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In the sentencing memorandum, Murdaugh’s attorneys allege the government’s conduct leading up to the polygraph exam and the agent’s conduct during “raises significant concerns as to whether the Government has acted in good faith.”

“It appears that the polygrapher designed the relevant question in such a way to ensure that Murdaugh would fail the exam,” the attorneys claim in the document.

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Prosecutors had proposed a motion to seal the polygraph examination report and four FBI reports about interviews with Murdaugh last year.

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“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.”

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In a Thursday night filing, federal prosecutors addressed claims by Murdaugh’s attorneys that the government miscalculated the total losses and how his previous criminal history should play into sentencing consideration. The prosecutors called both claims “contrary to law and logic.”

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