Annette Griswold — Direct/Cross/Redirect
589 linesJUDGE NEWMAN: You can call your next witness.
MR. WATERS: Your Honor, the State calls Annette Griswold.
The witness, ANNETTE GRISWOLD, was first duly sworn and testified as follows:
COURT CLERK: If you would repeat your name, please, and spell your last name.
ANNETTE GRISWOLD: My name is Annette Griswold, G-r-i-s-w-o-l-d.
DIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: Ms. Griswold, how are you doing today?
ANNETTE GRISWOLD: I'm doing okay, thank you.
MR. WATERS: Okay. If you would, just tell the jury a little bit about yourself, where you grew up, and what you do for a living, please.
ANNETTE GRISWOLD: Okay. I grew up in Hampton, South Carolina, and lived there for the first eighteen years of my life. Graduated from Wade Hampton High School. Went away for college at eighteen. Ended up falling in love with the Charlotte, North Carolina, area. Over the next two decades spent most of that time in Charlotte. That's where I got married. And with the exception of a few years coming back to Hampton and a few years on Columbia for my husband to get his degree, that time was spent in Charlotte until 2012. My dad took ill and he wanted us to move closer to be near him, and my mom needed help taking care of him, so I moved home in 2012. After my father passed away a few months after, I went back on the job search and -- I had been out for work for two months helping my mom. So, I was looking for a job and ran into my friend's father, and he told me I should probably check the law firm. I found out that I had a school friend that worked there, so I reached out to her, sent her my resume, and she forwarded it to the right people, and three interviews later I was working for the firm. And I worked as a paralegal, and was hired to work for Alex Murdaugh.
MR. WATERS: All right, and which firm are we talking about?
ANNETTE GRISWOLD: What everybody refers to as PMPED.
MR. WATERS: Okay, and when did you start working there?
ANNETTE GRISWOLD: July of 2012.
MR. WATERS: And when you started working there, who were you working for?
ANNETTE GRISWOLD: Alex Murdaugh.
MR. WATERS: And the entirety of the time that you were there up until the time that he was no longer a partner in that firm, is that who you worked for?
ANNETTE GRISWOLD: That's correct.
MR. WATERS: So, how long was that?
ANNETTE GRISWOLD: That was a little over nine years.
MR. WATERS: Were you the only staff member that he had that was assigned to him?
ANNETTE GRISWOLD: No. We have -- there's two of us that worked for Alex. I have been with him, like I said, the nine years, and then the other secretary, Kristi Jarrell, and she had been with him almost double of what I had been there.
MR. WATERS: Quickly describe for me sort of the division of labor between you and Kristi Jarrell, please.
ANNETTE GRISWOLD: I was hired to handle more of the larger cases that Alex had where it's litigation law, and so it's personal injury for the most part, workers' comp, medical malpractice, premises liability, product liability, wrongful death, trucking cases. And so he wanted me to take over those bigger cases and handle those, and then Kristi did more of the day-to-day stuff and the smaller files. Still just as important, but just smaller files than the larger ones.
MR. WATERS: You had the more complex stuff?
ANNETTE GRISWOLD: I did.
MR. WATERS: The bigger cases?
ANNETTE GRISWOLD: Yes, sir.
MR. WATERS: Just quickly, how was the defendant as a boss and a lawyer? Just what were his typical work habits, and what was he like in the office?
ANNETTE GRISWOLD: Extremely intelligent when it comes to the law; I respected and admired that in him greatly. He didn't keep normal hours. He liked to float in later in the late morning time or early afternoon. We always had a running joke. We never knew -- we knew that he might not be there all day, but he would always show up right before 5:00 when we were ready to leave. So, just, you know, kept unset hours pretty -- I sometimes called -- referred to Alex as a Tasmanian Devil because when he walked in, no matter what you were doing, you started spinning because he was just coming through and, you know, shouting everybody's name and ready to get work done when he was walking in the door. So, it was like -- it was kind of confusing.
MR. WATERS: Let me ask you just a little bit. The jury has heard some testimony about disbursement sheets and how they work. Can you just remind them very quickly how that works? Who prepares the disbursement sheets, and how does that go about taking place?
ANNETTE GRISWOLD: After I find out that a case has settled, I go ahead and start getting my disbursement sheet ready where I can kind of go ahead and expect what the deductions are that are going to come out of it, you know, the attorney's fees, the expenses. Any time you have Medicare or any health insurance, there's typically a lien on that money and we are required by law to pay it back. So, I go ahead and start looking into all of that, draft the sheet, and get everything on it that I know that I'm aware of, and then it goes to Alex and he has to -- he makes any changes he needs to, and then he would sign -- once he signs off on it, I send it across to our accounts payable department, and they cut the checks.
MR. WATERS: Are you familiar with what is generally referred to as the boat case?
ANNETTE GRISWOLD: I am.
MR. WATERS: And that is the boat wreck that occurred around February of 2019?
ANNETTE GRISWOLD: Yes, sir.
MR. WATERS: Are you aware that the defendant was sued civilly in that particular case?
ANNETTE GRISWOLD: Yes, sir.
MR. WATERS: After the boat case happened, did you notice any change in the defendant's demeanor around the office and about his work habits?
ANNETTE GRISWOLD: I did. He was more distant. Even when he was in the office he was absent. It was hard to -- he's always been hard to sit still and get answers from and to sign our documents and anything that we had put in his office to sign, but it got extremely worse after the boat accident. He was rarely there, and when he was the door was closed, and it was almost impossible for us to reach him. Like even -- he was always on his phone. He was always dealing with bigger than what we had, what we had going on.
MR. WATERS: As time moved on in the early part of 2021, did that even get worse?
ANNETTE GRISWOLD: It did. He would come in lots of times and he was just not his normal self, or what his normal self used to be. It was just very tense, and I don't know how to describe it. It's just -- you can tell some -- that it was -- the boat crash was weighing heavy on him, and he was -- it was consuming his life almost, it seemed like, and he was -- he was just harder to reach. And there was a couple of instances where I referred to him as having his ass on his shoulders because that's how I felt. It was disrespectful of me to, you know, to feel that way and to say that out loud, but that's how I felt because he just wasn't hisself with us anymore. He came in, and it was just, like, yelled our names and just didn't treat us the same way he did prior to the boat accident.
MR. WATERS: Was the defendant very protective about anyone going into his office?
ANNETTE GRISWOLD: He was. There was often times where he would come in on Monday and say who's been in my office? And we would be, like, I don't know. Probably the cleaning ladies. You know, we have no idea. He was -- you know, it was very cluttered, very unorganized, but he said he knew where his stuff was. It was organized in his way.
MR. WATERS: The jury has heard a lot of testimony about this, and just in the interest of time I'm going to ask it this way. Over the years in various cases, did the defendant ask you to put disbursements to Forge on various disbursement sheets so that settlement checks would be prepared from the trust account made out that way?
ANNETTE GRISWOLD: Yes, sir, he did. I can't remember when it started, but he told me, you know, to put it on Forge. And I -- me knowing Forge Consulting was a legitimate company, I would -- on the disbursement sheet I would put Forge Consulting. And he would say no, it's not Forge Consulting. If I wanted it to be Forge Consulting, I would have told you Forge Consulting. I want it to be Forge. And I was, like, well, I don't understand. Isn't the name of the company Forge Consulting? And he told me that -- he described it to me. He said think of it like Forge Consulting is the large company, and Forge is a -- kind of under that umbrella of it. So, he said Forge Consulting is the big name, and then you have different things they do, including Forge, which is more like a savings account than a trust.
MR. WATERS: So, he would actually get you to change it from Forge Consulting to just Forge?
ANNETTE GRISWOLD: Correct. Even when the -- across the street at the accounts payable department they would write the check out to Forge Consulting, I would -- lots of time I would have to reach out to them and say hey, you wrote this to Forge Consulting. He says it needs to be Forge. And so lots of times they would have to change that.
MR. WATERS: Those checks that he would have on disbursement sheets to get cut made out to Forge, would he often talk to you about picking those up personally?
ANNETTE GRISWOLD: Yes. I would ask him if I could go ahead and mail it to Michael Gunn at Forge Consulting, because he was our contact, and he would say no, you know what? I'm seeing Gunn this weekend. We're -- he's coming out to the farm, or we're going to meet halfway tonight and have dinner. He always said that he was going to hand deliver it. So, I even got to where I would make file notes in my files, Alex took check to hand deliver, because I was so worried that he was going to lose these checks because, he was, you know, a little loose sometimes and, you know, would leave keys in his vehicle, would lose -- misplace a few things, and so I was so worried that these checks were going to get lost and then we would have to do a stop payment and reissue the check. So, I started making notes where I would remember that I didn't mail it, that it was actually hand delivered.
MR. WATERS: Or hand delivered at least. He was telling you it was going to be hand delivered?
ANNETTE GRISWOLD: That's correct, yes.
MR. WATERS: Who was saying that?
ANNETTE GRISWOLD: Alex was.
MR. WATERS: All right. When you're talking about the defendant or Alex Murdaugh, do you see him here in the courtroom today?
ANNETTE GRISWOLD: I do.
MR. WATERS: Can you point him out for the jury, please?
ANNETTE GRISWOLD: Yes. He's over in the -- it looks like a navy blue jacket.
MR. WATERS: Your Honor, can the record reflect that she's identified the defendant?
JUDGE NEWMAN: Yes.
MR. WATERS: You mentioned he would say that, oh, I'm going to see Gunn, I'm meeting him halfway, or we're going hunting, things like that. Will you tell the jury again who's Michael Gunn?
ANNETTE GRISWOLD: Michael Gunn is -- he's our contact. He's the person we would talk to when it comes to trust annuities with charge -- with Forge Consulting.
MR. WATERS: And that's the real Forge, correct?
ANNETTE GRISWOLD: That's correct.
MR. WATERS: Not the fake Forge.
ANNETTE GRISWOLD: Not the fake Forge.
MR. WATERS: Moving into the latter part of 2020, did you have a particular issue arise with the disbursement to Forge that caught your attention?
ANNETTE GRISWOLD: I did.
MR. WATERS: Tell me about that, if you would, please.
ANNETTE GRISWOLD: I was currently working from home. I had had surgery on Halloween of 2020, and I was working from home, hadn't come back yet. I was planning to come back to the office the following Monday. And on that day, I believe it was December 15th of 2020, I got a phone call from the accounts payable department. Nicole called me, and she's one of ladies that cuts the checks and works for Jeannie Seckinger, and she told me that she had just got a disbursement sheet over, that Kristi had sent over a disbursement sheet in one of my files. It made no sense; she didn't understand it. And I was like -- I was confused, too, because I was, like, why didn't he contact me to do my disbursement? Because I'm kind of protective over my files. If I've worked that file the whole time, I want to finish that file; I want to work the whole process of it. And actually the disbursement part is my favorite part of the file because I want to be able to have that -- be there when that client gets their money and gets that closure that they deserve. So, I thought it was very odd that Kristi was drafting the disbursement in one of my files and --
MR. WATERS: This was a day that you were off work?
ANNETTE GRISWOLD: That's correct. I was working from home. And I could have still been reached, but it wasn't until Nicole reached out to me and told me.
MR. WATERS: Keep going.
ANNETTE GRISWOLD: She told me -- so I looked -- she sends it to me by email or text, I can't remember, and I reviewed it, and it didn't make sense to me either. There was a line on it that said the attorney fees were going -- or amount of it was going to Forge, and I didn't understand how that was happening, and I never seen him send attorney fees to Forge before, and so I didn't know that that was even a possibility. And so I called the office, and Kristi transferred me to Alex and I spoke to him and asked him about it, and he said why did Nicole call you? And I said, well, she doesn't know how to write these checks out because it doesn't make sense to her. She hasn't ever seen a disbursement like this. And he said I'll take care of it. And so he said I'll call Nicole. I'll take care of it. And so I remember talking to Nicole later and saying, so, what did he say? What was the reason behind it? And she said he said that they structured -- they had structured their attorney fees and that's what that check was for.
MR. WATERS: Did you have a subsequent discussion with the defendant about that?
ANNETTE GRISWOLD: I did, and he told me the same thing. He said it was something that they had been able to do forever. He just never took advantage of it before, and so now he decided that he was going to start structuring those attorney fees where it would make interest, or have interest drawn. And so it made sense because why not? Why not, instead of having that money sit somewhere, put it somewhere where it's going to draw more money?
MR. WATERS: His explanation to you made sense.
ANNETTE GRISWOLD: Yes, it did.
MR. WATERS: On its face.
ANNETTE GRISWOLD: Yes.
MR. WATERS: Do you remember the name of that case?
ANNETTE GRISWOLD: That was the Hershberger case.
MR. WATERS: I'm going to show you -- I'm going to show you what's already been admitted into evidence as State's 429 and see if you recognize this document.
ANNETTE GRISWOLD: Yes, I do. This is the disbursement that was on -- in December of 2020 that I was talking about.
MR. WATERS: Okay. All right. All right. At that point in time, we're in December of 2020. Is that right?
ANNETTE GRISWOLD: That's correct.
MR. WATERS: After the defendant gave you that explanation that seemed valid to you on your face. Did you -- did that matter just kind of go away at that point in time?
ANNETTE GRISWOLD: It did. It was kind of, you know, always at the back of my mind because I still felt like there should have been some kind of paper trail. But, yeah, you know, the explanation worked that he gave me, and so I was trying to just go along with it because I thought it was valid.
MR. WATERS: As we move on into January of 22, 2021, did another incident happen that came to your attention that related to disbursements?
ANNETTE GRISWOLD: Yes. The end of January. It was a Friday afternoon. I left early that day to take my mom to the eye doctor, and kind of the same scenario of -- kind of an exact repeat of December happened again. Nicole from accounts payable called me, and she -- and I said what's going on? And she said, well, I've got another one. And so Kristi had drafted a disbursement in a case referred to as Moore, and she had sent it over, and once again it had the same wording and kind of confusion that the one -- that Hershberger one had a month previous. So, she didn't really understand it again. Still, you know, still -- she was still trying to say, you know, I feel like we need more information on this, and I said I do, too. And so kind of the same scenario as before, I reached out to Alex, he reached out to Nicole, and ultimately the checks got written, but it was the same scenario. As you can see on here, the $91,867.50 was attorney fees that were structured that went straight to Forge, to the fake -- what we now know was the fake Forge.
MR. WATERS: All right, and is that still the Hershberger matter we're talking about?
ANNETTE GRISWOLD: That's the Hershberger one, and on the Thomas Moore one it was --
MR. WATERS: We'll get there in a second. But when you got back home, do you remember where you were the second call?
ANNETTE GRISWOLD: Yeah. The Thomas Moore, I was at the eye doctor with my mom.
MR. WATERS: I'm still on Hershberger. Do you remember where you were?
ANNETTE GRISWOLD: I was home. I had had surgery and I was home recovering.
MR. WATERS: And I'm going to show you -- and we're still on the same exhibit, and that being 429. Do you recognize that at all? Let me hand this exhibit to you, probably easier that way. Just take a look at that, if you would, please.
ANNETTE GRISWOLD: Absolutely. Yeah. This is what we referred to now as the second Hershberger disbursement. It was on the UIM portion of the case and liability portion. So, once again, the PMP attorney's fees were routed to Forge in the amount of $83,333.33.
MR. WATERS: All right. Thank you. All right. You had started talking about Thomas Moore. Is that another incident that came to your attention as we're moving into early 2021?
ANNETTE GRISWOLD: Yes, sir. That one, like I said, was at the end of January. Once again, I was out of the office; I was at an eye doctor appointment with my mom. I got the call from Nicole. She said it's the same scenario the -- but this time it was all the funds that was in trust -- client's trust, which was $125,000, I believe, and all of those funds were being routed. That was attorney fees and client money that was being routed to the fake Forge.
MR. WATERS: And this was another one of your cases. Is that right?
ANNETTE GRISWOLD: It was. So, another situation to where I'm out of the office. It's almost 5:00 in the afternoon on a Friday. Kristi drafts the disbursement. Alex signs it. They send it over in my absence.
MR. WATERS: When these instances are happening that you're describing to the jury where you happened to be out of the office -- and these are your cases, right?
ANNETTE GRISWOLD: That's correct.
MR. WATERS: And all the sudden you're getting communications that the defendant is having Kristi draft some disbursements. In any of these cases, were -- was there anything going on that something happened that had to be done that very day that you just happened to be out of the office?
ANNETTE GRISWOLD: I didn't think so because in particular, the Thomas Moore case, it was -- we were working on the third party portion of the case, but there was also a workers' comp portion that another attorney was working on. And when you're working on a workers' comp case, if you settle the third party first, you can't disburse it until the workers' comp portion is taken care of because workers' comp always has a huge lien that you have to negotiate for the client. So, the money was supposed to sit there. It was my understanding it would probably be sitting there another year until the workers' comp portion case -- portion of the case was settled, so those funs didn't need to go anywhere. So, it was very odd that all of the sudden they're all sent to Forge because they were supposed to remain in the account is my understanding.
MR. WATERS: Do you take pride in the work that you do on these complex cases?
ANNETTE GRISWOLD: I do.
MR. WATERS: Do you know your cases very well?
ANNETTE GRISWOLD: I would say I do.
MR. WATERS: And was there any reason in which you were aware that these things had to be happening the day that they were supposedly?
ANNETTE GRISWOLD: No. I was -- it definitely put up another yellow flag, and it made me think about the previous one that happened in Hershberger in December because both of them from kind of same scenarios: me out of office, someone else drafting it. And not that we're -- we can't work in each other's files, we can, but it's easy to miss something if it's not your file. If I had to go in somebody else's file and draft a disbursement, I may not know that there's a lien or a certain promised medical bill or anything else that needs to be paid. So, it's -- that's why to me it's easier if somebody that's worked the case actually drafts the disbursement: because they know all the deductions that have to come out.
MR. WATERS: Was the defendant using the opportunity of you being out of the office to push these things through?
ANNETTE GRISWOLD: Yes. In hindsight it was easy to see that they -- the chaos, the sending it over at 10 minutes before 5:00 p.m. was kind of, you know, kind of a way of -- part of that old hurricane -- little tornado portion, you know, just sending it over when most people are gone, and it's just going to get done quickly and no questions asked.
MR. WATERS: You said that the Thomas Moore one was particularly unusual because it was workers' comp and those funds couldn't be disbursed yet, correct, to your understanding?
ANNETTE GRISWOLD: Correct, yes, sir.
MR. WATERS: Did you ever have a conversation with the defendant about why these funds were disbursed?
ANNETTE GRISWOLD: I did, and he explained to me that he had gotten permission, that since the money was going to be sitting there another year, that they were going to send it to Forge and let it draw interest, and then that would be money that would draw interest on -- for the client, as well as the firm, because it was both portions of the money.
MR. WATERS: I'm going to show you what's marked in a minute into evidence as State's 328 and see if you recognize this document.
ANNETTE GRISWOLD: Yes. This is the Thomas Moore disbursement that I'm referring to that -- where the entire client trust amount of $125,000.
MR. WATERS: Do you recognize the signature down at the bottom of the page?
ANNETTE GRISWOLD: I do. Alex signed it where it says R. Alexander Murdaugh, and then where the client's signature is, that is not the client's signature. It's Alex's handwriting.
MR. WATERS: Do you recognize this handwriting from working for him for nine years?
ANNETTE GRISWOLD: I do.
MR. WATERS: Did the defendant have a case going on around this time involving Mack Truck?
ANNETTE GRISWOLD: He did, what we refer to as the Faris case. We actually went to Columbia and had a bench trial in that case in January of '21.
MR. WATERS: All right, and did you work on that case to some extent?
ANNETTE GRISWOLD: I did.
MR. WATERS: Was that one of the ones assigned to you?
ANNETTE GRISWOLD: Yes.
MR. WATERS: Did -- was the defendant the only lawyer on that case or were there other lawyers?
ANNETTE GRISWOLD: No. There was two cocounsels that had brought us in. Wayne Ridgeway was the first attorney that received that case. He reached out to Chris Wilson's office, and Chris joined the case as well, and then Chris reached out to our firm. And so now there's a third attorney, which was Alex, involved in it.
MR. WATERS: Ultimately was that case tried before a judge?
ANNETTE GRISWOLD: It was. A bench trial, like I said, in January of 2021.
MR. WATERS: And did the judge issue a verdict in favor of the firms' clients?
ANNETTE GRISWOLD: Did, yes, sir. In the next month, I think sometime in February, we got a very nice verdict for the clients.
MR. WATERS: Who was going to be disbursing the fees in that once the money came in? Was that going to be PMPED or was it going to be the other attorneys?
ANNETTE GRISWOLD: Chris Wilson's office.
MR. WATERS: Had the firm, PMPED, had it accrued costs during the course of that litigation?
ANNETTE GRISWOLD: Yes.
MR. WATERS: Expenses?
ANNETTE GRISWOLD: Yes.
MR. WATERS: And did you prepare those and send those to Chris Wilson's office, or how did that work?
ANNETTE GRISWOLD: I did. I put the totals in an email and sent them to -- Alex wanted me to send him the totals by email, and so that's what I did, and then he -- I guess he sent them to Chris after that.
MR. WATERS: And then after that happened, do you remember what month the money came in roughly?
ANNETTE GRISWOLD: In May.
MR. WATERS: Well, let me slow you down. Once you've done that, when the money comes in, you said Chris Wilson's office is going to be handling that disbursement, correct?
ANNETTE GRISWOLD: Correct.
MR. WATERS: What are you expecting to happen next?
ANNETTE GRISWOLD: I'm expecting copies of the settlement paperwork, and copies of the disbursement sheets signed by the client, and I'm expecting two fee checks and two expense reimbursement checks because there's two cases. It's the -- it was a case for the deceased and a case for his wife, so I'm expecting four checks total.
MR. WATERS: All right, and you were about to say, and I cut you off. You said something happened in May. Did something happen relating to the Faris case in May?
ANNETTE GRISWOLD: Yes. I received by mail the settlement package from Chris Wilson's office, but all it contained was a cover letter and the two expense reimbursement checks. So, I emailed Vicki Lyman, which is Chris Wilson's secretary, and said something on the -- something like hey, girl, I've got these expense checks in. When can I expect the attorney fee checks? And she replied to my email telling me that -- excuse me -- hey, friend. You know, our -- the attorneys got that money at disbursement. And I was really shocked because I didn't even know when the disbursement took place. I was never supplied copies of it or anything.
MR. WATERS: What's your thought when you -- when Vicki says that? What did you think may have happened?
ANNETTE GRISWOLD: Well, I called her and I said, you know, you already gave the checks? I was, like, I don't think we received them. And she was, like, yeah. They were done at disbursement in March. So, I asked her first to send me over copies of the disbursement sheets and -- where I could look at those. And then I reached out across to our accounts payable just to make sure that checks somehow bypassed me and went straight to their -- into the client trust to their defendant, and they told me, no, that they didn't have any such checks on the books either. And I was, like, okay. So, I assumed that they gave Alex the checks and he has lost them, they're misplaced, they're somewhere in his truck, they're somewhere in a file folder stuck and just kind of hid away, and he's forgotten to give them to me.
MR. WATERS: Would you say that to Vicki, like, come on, why did you give it to my boss?
ANNETTE GRISWOLD: Yeah. I said why? I said why would you do that? I was, like, why would you give checks to the attorney? Why wouldn't you send them straight to me where I can get them in -- get them deposited?
MR. WATERS: I'm going to put up State's 312 that's already in evidence. This is page marked Bates stamped 2371 for the record up on the screen. Can you see that on your little screen or do I need to --
ANNETTE GRISWOLD: I can, I can see it.
MR. WATERS: And will you tell the jury what that is?
ANNETTE GRISWOLD: That is the email where I was talking about -- I just told her that I had just got the expenses but where is the fee, and she says: It's because your boss and mine and Liz's got their fees once they were signed, duh.
MR. WATERS: Did you have a conversation with Alex at this point, or what did you do next?
ANNETTE GRISWOLD: I did.
MR. WATERS: So, you called the finance in your own firm and said hey, did we get this check? And they said no?
ANNETTE GRISWOLD: Correct, they said no. And so I verified that. And I told -- I asked Vicki, I said are you positive? And she said yes. And I was, like, okay. I'll go see if he remembers where they're at. So, he happened to be in the office by that time. His door was closed. I went in. He was on the phone, and I kind of kept checking and going back. Eventually I got to speak to him, and he was still kind of on the phone but he was, like, no, I didn't get those checks. And I was, like, are you sure? And he said yeah. And I was kind of back and forth. I'm, like, he said he didn't get them. Are you sure? And this kind of went back and forth for a few minutes and over the course of that -- the rest of the day. And I said hey, he just told me that Chris was still holding those funds in trust. I was, like, I don't understand, you know. You say that they've been cut. I was, like, can you send me copies of stuff because I don't see anything, and he's telling me they're -- the funds will be in trust. And she was, like, Annette, I know for a fact that the checks are cut. There is no money in trust, and the reason I know that is because when the checks were written to Alex, I knew it was a bit odd because they were written to Richard Ale -- Richard. they were written out to him personally instead of the firm. And I said --
MR. WATERS: Let me stop you there. They were written out to him personally instead of the firm?
ANNETTE GRISWOLD: Correct.
MR. WATERS: Why did that stick out in her mind, or why did that stick out in your mind?
ANNETTE GRISWOLD: Because common sense tells me that the attorney fees belong to the firm where the firm -- I don't know. I didn't understand the complete breakdown until Jeannie went over it in her testimony. But I knew by common sense that the funds belonged to the firm, and then once they do whatever percentages and everything they need to do, then the attorney gets his portion later. So, I knew it wasn't right, that it shouldn't have never gone to an individual attorney. It should go to the firm as a whole.
MR. WATERS: When you asked the defendant and said hey, Vicki said you already got those, and he tells you what?
ANNETTE GRISWOLD: He told me that Chris was holding that money in trust, that it had not been disbursed yet.
MR. WATERS: Did he tell you Vicki was wrong?
ANNETTE GRISWOLD: Yeah, he told me that Vicki is wrong. I don't care what she's telling you. She's wrong.
MR. WATERS: What was his demeanor when you were inquiring, you know --
ANNETTE GRISWOLD: Just kind of like, just, you know, just shooing me out of his office, like I don't have time for this.
MR. WATERS: After Vicki tells you that it was odd because the checks had been made out to the defendant personally instead of the law firm, what did you do next?
ANNETTE GRISWOLD: I asked her, I said are you sure? And she said yes, and she said yeah, it was written out to him. Well, at first I was, like, I'm sorry, what did you say? And I made her repeat it to make sure I heard correctly. And she was, like -- and then kind of while she was saying it out loud, I think it kind of registered to her. Oh, wait, that probably wasn't the right thing to do because she kind of hushed after that and didn't want to talk and kind of wanted to get off the phone with me. And so I still kind of tried to question Alex over the next couple of days and tried to get a reasonable explanation of what was going on because in my mind, you know, I'm still hoping this -- he just lost the checks and this was all just a misunderstanding, but at the back of my mind, you know, there's this huge, huge red flag telling me this is not right, you know, what is going on.
MR. WATERS: Okay. Did you eventually take this issue to anyone else since you couldn't get an answer provided?
ANNETTE GRISWOLD: Yes. I eventually -- I don't know the exact date, but I eventually emailed Jeannie Seckinger and asked her if she was in the office because I really needed to speak to her, and she said she would be back later that day. And so we -- I went into her office, and I had everything printed out and kind of showed her and told her my concerns, and she was instantly on -- excuse me -- on high alert as well because, you know, it wasn't -- it didn't look good. We were hoping -- we were still both hoping that it was a misunderstanding, just this one off, something silly that happened, but we both had that nagging feeling of this is not good. Something is definitely wrong.
MR. WATERS: Did Jeannie instruct you to do anything?
ANNETTE GRISWOLD: She did not. She said that she would talk to him about it, and she kept the paperwork that I gave her.
MR. WATERS: Were you ever asked to send another email to Vicki asking her for particular documents?
ANNETTE GRISWOLD: Yeah. Actually it was kind of my idea. I kind of told Jeannie. I was, like, hey, you know, why don't we do this? Why don't you send me an email telling me what we're need -- what we need, and then I'll forward that email for myself and -- you know, to see if we can get copies of everything where we can figure all of this out and eliminate it because, you know, at this point we want to prove that that suspicion we had was wrong and that everything is really okay, and so she did. She forwarded me the email and --
MR. WATERS: Let me slow you down. I'm still on State's 312, what's been Bates stamped as 2374. Is this the email that you just described as being forwarded to you requesting the documentation for the Faris fees?
ANNETTE GRISWOLD: It is. Underneath where, you know -- yeah, Jeannie texts there, or emails there, tells me exactly what she needs and kind of is very specific.
MR. WATERS: And what time and what date was that actually on?
ANNETTE GRISWOLD: That was May 27th at 11:40 a.m.
MR. WATERS: All right, and then going over to the 2373 of the same exhibit, is this the email right here that you then forwarded to Vicki Lyman at Chris Wilson's office?
ANNETTE GRISWOLD: Yes. It was -- I emailed -- forwarded that email that Jeannie sent me that same day, May 27th. And I knew she was on vacation, but I went ahead and sent this to her, and then when she -- when I knew she had time to get back from vacation, I sent this follow up on this strand on June 2nd and requested it again.
MR. WATERS: All right, and did you get a response email from Vicki Lyman in Chris Wilson's office?
ANNETTE GRISWOLD: Yeah. She said she didn't -- you know, this doesn't involve her and forwarded -- she said she would forward it to Chris. And we were basically just asking for copies of everything where we could clear this matter up, and, you know, like I said, we wanted our suspicion to be wrong.
(Break in proceedings.)
JUDGE NEWMAN: Is that item already in evidence?
MR. WATERS: No, sir.
(Break in proceedings.)
(TEXT MESSAGES MARKED AS STATE'S EXHIBIT NUMBER 140 FOR IDENTIFICATION.)
MR. WATERS: I'm going to show you what's been marked as Exhibit 440 to your testimony. And, again, just tell me first of all, just without going into any content, whether or not you recognize that particular document.
ANNETTE GRISWOLD: I do. It's a text strand between myself and Vicki Lyman.
MR. WATERS: And is this -- what is the date on that particular text strand?
ANNETTE GRISWOLD: June 2nd and then it runs into June 3rd.
MR. WATERS: And is that 2021?
ANNETTE GRISWOLD: Yes, I'm sorry, 2021.
MR. WATERS: And is this is text strand where y'all were discussing the things that you described here today?
ANNETTE GRISWOLD: Yeah. I told her, I just, you know -- don't mention anything --
MR. WATERS: Hold on just quick. Y'all are describing what we're talking about here today?
ANNETTE GRISWOLD: That's correct.
MR. WATERS: All right.
MR. WATERS: Your Honor, at this time I would move State's 440 into evidence.
MR. GRIFFIN: Your Honor, I object on hearsay grounds. It doesn't fall within the exception to hearsay.
JUDGE NEWMAN: Can I see the document?
MR. WATERS: Yes, sir.
(Break in proceedings.)
JUDGE NEWMAN: I sustain the objection.
MR. WATERS: Did you ultimately text Vicki on that particular day?
ANNETTE GRISWOLD: I did. I had told her that -- I gave her time to get back from vacation, and just basically text her with my concerns and told her how stressed out I had been over this situation, and how I was hoping my suspicion was wrong, but I was really stressed out. And unfortunately my daughter, we had -- me and Vicki had talked on the phone. Vicki had called me as well, and unfortunately my daughter had overheard me, too. So, she instantly got, like, really worried for me, and my daughter said Mom, you need to go ahead and get your resume because once you turn all of this in, they may fire you.
MR. WATERS: All right --
ANNETTE GRISWOLD: So, she was very concerned for me.
MR. WATERS: And this latest email on the screen, that was June 2, 2021. Is that correct?
ANNETTE GRISWOLD: That's correct.
MR. WATERS: Do you recall June 7, 2021?
ANNETTE GRISWOLD: I do.
MR. WATERS: Was that a Monday?
ANNETTE GRISWOLD: It was.
MR. WATERS: Were you at work that day?
ANNETTE GRISWOLD: I was.
MR. WATERS: Had the defendant come to work that day?
ANNETTE GRISWOLD: He did. He came in probably around lunchtime; I can't remember if he came in before lunch or after, but somewhere in that timeframe.
MR. WATERS: Okay. Did you see Jeannie Seckinger that day?
ANNETTE GRISWOLD: I did. Jeannie had already told me that she needed -- she was going to talk to Alex about the Faris fee checks that were missing. She was going to go and talk to him about them that day, and so she asked me to let her know when he got into the office. So, when he got into the office, I reached out to her to let her know.
MR. WATERS: And did she come up to your area?
ANNETTE GRISWOLD: She did. And we have open style offices, no doors on the secretary door -- secretary offices, so she had to pass by me to get to Alex's office, so I saw her when she was walking past.
MR. WATERS: Did she give you any look when she walked up?
ANNETTE GRISWOLD: She did. It was kind of just like that, just whew, you know? Just kind of a raised eyebrow, like wish me luck, here goes nothing kind of look like -- you know, because we were both just, like I said, wanting to get answers and --
MR. WATERS: Get answers about what?
ANNETTE GRISWOLD: About those missing checks and figure out what was going on.
MR. WATERS: Where did she go after she headed that way?
ANNETTE GRISWOLD: I heard Alex's door close, so I assumed in his office to talk to him.
MR. WATERS: This is what day?
ANNETTE GRISWOLD: This is June 7, 2021.
MR. WATERS: Did she come out after --
ANNETTE GRISWOLD: She did, and she didn't stop. She just hurried by my desk and she went on about her business.
MR. WATERS: Did you have any conversation yourself about the Faris fees with the defendant that day?
ANNETTE GRISWOLD: I don't recall having any discussion with him on that day. At that point I had turned -- you know, Jeannie had everything and it was kind of in her hands.
MR. WATERS: What time do you think you left work that day?
ANNETTE GRISWOLD: I left at 5:15 that day.
MR. WATERS: Is that your normal time?
ANNETTE GRISWOLD: It's not. I typically work later. Alex always tend to work nights, and me and Kristi tend to kind of adapt to his schedule a little bit and work a little later than 5:00. But most of the time we were there until 5:30, 6:00.
MR. WATERS: When you left the office on June 7, 2021, at 5:15, was the defendant still there?
ANNETTE GRISWOLD: He was.
MR. WATERS: Did you go home eventually? You eventually went home?
ANNETTE GRISWOLD: Yes.
MR. WATERS: Just a normal night?
ANNETTE GRISWOLD: Yeah. I went straight home that night.
MR. WATERS: Did that change at some point?
ANNETTE GRISWOLD: Yes, definitely. My phone was on silence and I was -- I slept through a bunch of text messages and calls. I woke up in the middle of the night and my phone was just full, and I was, like, what is going on? And so I'm looking through the text messages. They don't make a lot of sense. I see I have a voicemail message from Randy Murdaugh, and so I checked the voicemail, and I could tell he was upset, crying. And he said Annette, please call me when you can. It doesn't matter what time. And so I don't remember what time it was, but it was some time in the middle of the night and I called him, and he told me -- well, when I -- when he answered the phone, he was upset obviously. And I said Randy, what's wrong? And he said it's bad, Annette, it's real bad. And I said oh no. Mr. Randolph passed? And he said no, it's not Dad. It's Maggie and Paul. And I said what? And he said they've been shot and murdered. And I said what? And it was just -- it was very overwhelming. We both cried on the phone with each other, and, you know, obviously the first thing I did was say oh my God, how is Alex, you know? How is he? Is he okay? Where is Buster? Is Buster okay? I was very concerned. You know, I had a million thoughts running in my head. I was, like, are you guys safe? You know, is this something aimed at the entire family? You know. And I was very, very worried about Alex, and Buster, and Randy, and his family, and the entire Murdaugh family. So, it was very overwhelming.
MR. WATERS: Over the nine years of being -- working closely for the defendant, did you also get to know his family, Maggie and Paul and Buster?
ANNETTE GRISWOLD: I did.
MR. WATERS: Is this firm pretty tightknit?
ANNETTE GRISWOLD: Yes.
MR. WATERS: What was the reaction of the people in the firm to this terrible news?
ANNETTE GRISWOLD: There was two reactions. First was scared. We were, like, Please lock our doors. You know, we're scared. Who is this aimed at? Is it a client retaliating? Is it, you know, aimed at Alex? Is it aimed at the firm? We didn't know. We just had so many questions, no answers, a million thoughts running through our heads. We were just there, you know, supporting each other and helping one another through this grieving process. And at the same time, we were very protective over Alex and Randy. We wouldn't let them leave the office if strange cars were driving around. We would say don't walk out yet. There's a white car that's went around three times. I mean, we were in complete mama bear mode. We were just -- we didn't want them to go out and have to talk to reporters. We didn't want them to have to run out and run into anybody, and we were scared for them. We were very protective. I mean, we -- anything suspicious out the window, we were on high alert.
MR. WATERS: You said what kind of mode?
ANNETTE GRISWOLD: Mama bear mode.
MR. WATERS: Mama bear protecting who?
ANNETTE GRISWOLD: Protecting Alex and Randy.
MR. WATERS: Did that -- did the law firm community rally to the aide of the defendant?
ANNETTE GRISWOLD: They did.
MR. WATERS: Was that the primary focus on everyone's mind in the aftermath?
ANNETTE GRISWOLD: Oh, absolutely.
MR. WATERS: Were you at all concerned about finding out what happened to these Faris fees after that happened?
ANNETTE GRISWOLD: What Faris fees?
MR. WATERS: What Faris fees?
ANNETTE GRISWOLD: Yeah, what Faris fees. That was the furthest thing on my mind.
MR. WATERS: In fact, was that the last time you really thought about it in any aspect until September of 2021?
ANNETTE GRISWOLD: It is, yes, sir.
MR. WATERS: And you were more focused on helping this defendant and his family in the aftermath of this tragedy that happened.
ANNETTE GRISWOLD: Yes, and everybody was so supportive. I mean, some of our -- the associate attorneys stepped up. They came up to my and Kristi and said hey, you know, if you need anything over the next few weeks, you need us to review a file for you, get something else, sign it and get it out the door, we're here for you guys 100 percent. So, it wasn't -- you know, we were supportive, and then we had other folks in the office that were coming up to us supporting us as well because they knew we were in stand-still. What do we do, you know, because we knew, obviously, he was not going to be the same and not be hisself for quite awhile.
MR. WATERS: I asked you earlier about the boat case. Before the murders when the boat case happened, had there been some reaction and backlash in the community against the defendant and his family after the boat case?
ANNETTE GRISWOLD: Yes. It was very difficult because Hampton, being a small town, we all know each other and we're all -- we all know both sides for the most part. For instance, Mallory Beach, her father is my first cousin, so Mallory Beach -- I was kind of felt like I was in between a rock and a hard place because, you know, her family is, you know, beyond heartbroken over the loss of her. And then -- and I know some of them didn't like the idea that I was still working at the firm, but I was still -- to me it was two separate entities. This is my job, this was my family, and I had to keep them separate. I didn't want any part of the boat wreck case. I didn't want to know any details or anything because, like I said, I was keeping my family life and my work life separate.
MR. WATERS: After the murders, you said the law firm community, though, rallied to Alex's aid, correct?
ANNETTE GRISWOLD: Absolutely, everybody.
MR. WATERS: Did the larger community do as well?
ANNETTE GRISWOLD: Yes, they did.
MR. WATERS: After the murders?
ANNETTE GRISWOLD: Yes, sir.
MR. WATERS: You mentioned that after those murders happened, what Faris fees. They were the farthest thing from your mind, correct?
ANNETTE GRISWOLD: Yes, sir.
MR. WATERS: When did they come back to your attention?
ANNETTE GRISWOLD: September 2nd. It was a Thursday in the afternoon, and I was looking for a file in the file cabinet and I was unable to locate it. And lots of times if, you know, Alex is talking to a client on the phone, he'll yell for a file and we'll take it to him. So, I was, like, oh, it's probably in his office. So, I went to his office to look for the file, and when I found it, I picked it up and when I did, a check kind of floated like a feather to the ground. And when I bent over to pick it up, I saw the check and what it said and had on it, and I instantly became very upset because it happened to be one of the checks from the Faris case that didn't exist.
MR. WATERS: And what did you see on the check that let you know that stuck out in your mind?
ANNETTE GRISWOLD: It was from Chris Wilson's office that was written to Richard Alexander Murdaugh, and at the bottom it said Faris fees. And it was dated March.
MR. WATERS: And so what did you realize at that point?
ANNETTE GRISWOLD: I said -- I said he's been lying this whole time. He had these funds. He lied to me, oh my. That feeling in the back of my mind was correct. Unfortunately he did take these funds. Because when I flipped the check over, I also saw that he had deposited it by mobile deposit, and I can't remember if he signed the back of the check or if it just said mobile deposit only.
MR. WATERS: Let me show you State's 313 and see if you recognize that. That's already in evidence.
ANNETTE GRISWOLD: Yes, sir. That's the check that I found on September 2nd.
MR. WATERS: And if you would, flip up one side.
ANNETTE GRISWOLD: Yeah. It's got his signature -- his signature, Bank of America, deposit only.
MR. WATERS: Do you recognize that writing as the defendant's?
ANNETTE GRISWOLD: Yes, it is.
MR. WATERS: When that check floated down, you picked it up --
ANNETTE GRISWOLD: I did.
MR. WATERS: -- and you saw that, where did you take it? Did you take it anywhere?
ANNETTE GRISWOLD: Yeah. I went back to my desk, and you can imagine I was -- all of the emotions that I was feeling at this point. You know, I was hurt, I was angry, I just was beside myself, and I was -- I was a bit enraged, too, because I asked him so many times over, so many times that I felt like we could have clarified this and got it taken care of, but here it is from March to September and I find this check that supposedly did not exist. And so I went to my desk, I called Jeannie and I was, like, I just found something. And she said oh, shit, what did you find? And I said are you busy? And she said come on over. And I went over and closed her door and threw the check at her and I said -- and she is, like, is this one? And I said yeah. That's one of the Faris checks that doesn't exist.
MR. WATERS: Was Jeannie doing anything else or start doing anything else when you came down with that check?
ANNETTE GRISWOLD: I didn't know until I took her the check, but when I took her the check, she was, like, yeah, I just ran a report yesterday. And she said we're going to -- one of the attorneys is going to call Michael Gunn later today. And I said, well, what do you mean? And that's when she told me that she thinks there's some more stuff, too. Back to my suspicion with Hershberger and Thomas Moore, she pulled a report and she found out that we may have other issues of stolen funds. But I was not aware of any of that. I didn't know that she was looking into it again. I didn't know any of that until I took her the check, and she said she had just started doing stuff within the last few days.
MR. WATERS: Within a few days of this happening, what happened to the defendant's employment at the law firm?
ANNETTE GRISWOLD: He was fired the next day.
MR. WATERS: And did the law firm engage in a review process to determine the extent of any of the alleged --
ANNETTE GRISWOLD: Yes. We've had months, months upon months of going through all of the files and finding -- you know, just following the numbers and making notes on everything. And lots of hours, lots of manpower involved in this process of putting everything together, and just in awe of how much was happening and we had no idea about it.
MR. WATERS: And without going through all of the exhibits that we've gone through with Jeannie Seckinger -- but she was the one, or one of the central ones doing that review. Is that correct?
ANNETTE GRISWOLD: Of course, yes.
MR. WATERS: And without going through each one, was one of those disbursements for the fake Forge account, those were disbursements that the defendant told you to put on there?
ANNETTE GRISWOLD: That's correct.
MR. WATERS: Are those -- a lot of those disbursements one where he corrected you and said no, don't put Forge Consulting, put Forge?
ANNETTE GRISWOLD: Yes, they were.
MR. WATERS: Are a lot of those checks ones where he said no, I'll see Michael Gunn later, I'll take the check myself?
ANNETTE GRISWOLD: Yeah, they were all for him.
(Break in proceedings.)
MR. WATERS: I'm going to show you what's been marked as Exhibit 441. Again, without going through the contents, tell me if you recognize that document.
ANNETTE GRISWOLD: Yes. It's a text message that Alex sent to me and Kristi on September 26th when he -- of 2021 when he was in rehab, is my understanding.
MR. WATERS: All right.
MR. WATERS: Your Honor, at this time I would offer State's 441 into evidence, I believe without objection.
MR. GRIFFIN: No objection.
JUDGE NEWMAN: It's admitted without objection.
MR. GRIFFIN: No additional objection, Your Honor, I apologize. We do have the 403 objection subject to your prior ruling on this.
JUDGE NEWMAN: Well, I haven't seen the exhibit. I don't --
MR. GRIFFIN: Yes, sir.
JUDGE NEWMAN: Ladies and gentlemen, I'll have you go to the jury room for a break. Please do not discuss the case.
(The jury left the courtroom.)
JUDGE NEWMAN: Everybody be seated. Yes, sir, Mr. Griffin?
MR. GRIFFIN: Yes, Your Honor. I was just preserving our prior objections on 404B evidence, under 404B, and 403. It's nothing new. I just forgot to say no additional objections than what we've already had to this line of testimony. This is the same line of testimony of financial misconduct, that's all.
JUDGE NEWMAN: Mr. Waters?
MR. WATERS: And I just clarified, I think, with defense counsel that he was not adding a specific 403 objection to that. It's just the prior objection. However, this is a text from the defendant to this witness in this particular instance, and certainly it can be read and makes -- there's no hearsay issue because obviously it's a statement of a party opponent. And it certainly also is relevant because it can certainly be read in the nature of an admission to the various things that are at issue in these particular proceedings. And for that reason, there's certainly -- the probative value of an admission is certainly, I would argue, is -- the probative value of that is substantially -- is not substantially outweighed by the danger of any unfair prejudice.
JUDGE NEWMAN: It introduces another issue, the issue of drug use, and I think the witness testified that he was in rehab. Is that what you said? That he was in rehab and sent an email and --
(Break in the proceedings.)
JUDGE NEWMAN: And I just want to be clear from the defense that the part of the testimony that establishes through this witness that he was in rehab, that's not a basis for your objection.
MR. GRIFFIN: We do have -- yes, we do object to evidence of his drug use to be included in this, and we would ask that that document be redacted to the extent it references drug rehab at this time.
JUDGE NEWMAN: Well, it doesn't specifically mention drug use.
MR. GRIFFIN: Yes, sir.
JUDGE NEWMAN: If you all review the exhibit and can tell me if you just -- if you have no objection based on the fact that he sent it while in rehab, then it's admissible as far as your prior --
MR. GRIFFIN: Yes, sir.
JUDGE NEWMAN: -- bad acts objection.
(Break in proceedings.)
JUDGE NEWMAN: Yes, sir?
MR. GRIFFIN: We don't have any additional objections, Your Honor. We would, because this does raise an additional character issue, ask that the Court -- we ask that the Court give, you know, an additional limiting instruction at some point in time, Your Honor.
JUDGE NEWMAN: How does -- the character in that he's saying he is getting better or -- what part addresses character?
MR. GRIFFIN: Well, certainly he says I'm getting better every day and, I mean, it's clear from that that he's in rehab. I mean, that's all.
JUDGE NEWMAN: All right. Mr. Waters?
MR. WATERS: Your Honor, I mean, he doesn't expressly say that. I would point out that the issue of pills has already come up a few times in this trial. I'm not trying to go there, but it is when we talk about 404 and res gestae, it is kind of part and parcel of a lot of things. I mean, even the defense has examined, I believe, Ms. Seckinger on the issue of pills. And on top of that, you know, we had Chris Wilson who testified in camera who will also testify here today, you know, and one of the things he says when he had that confrontation with the defendant on the morning -- or excuse me, the afternoon, I believe, it was September 4th, that the defendant said yeah, I've been stealing money, and I've been hooked on pills for awhile. So, this is a bridge I think we have to cross at some point. The State is not trying to gild the lily with that, but at least, you know, with these various witnesses it is part of what they're -- being said. As far as that specific exhibit, though, Your Honor, there's no expressed reference to drugs or anything like that, and it certainly is in the nature of an admission. And again, I think for that reason it's very probative and very relevant and admissible for that reason.
JUDGE NEWMAN: Well, my concern obviously is that we do not -- or that I do not allow testimony involving these admissions to bleed so far into the character 403 that it has, has the affect of undoing the 403 -- 404/403 analysis. A lot of testimony has come in unobjected to that touches upon the defendant's character, and that's why I want to be clear on what the objection is.
MR. WATERS: And, Your Honor, just from the State's perspective, we are trying to, you know, walk that line. There's a lot of the financial stuff we're not even seeking to admit. I think that, you know, we've limited it to things that had that connection. We discussed it in camera. So, you know, I'm not trying to gild the lily. We --
JUDGE NEWMAN: I'm not sure what that means.
MR. WATERS: That's a phrase I learned from Chief Justice Toal over the years. I guess that means, you know, piling on, I guess, is a way to do that. And, again, I don't have -- you know, we recognize the situation we're in and trying, obviously, not to get out over our skis from what -- the admissibility that the Court has already ruled on.
JUDGE NEWMAN: All right. I'll ponder it while we take our break, and we'll be in recess for 15 minutes. Ma'am, you may step down. Do not discuss your testimony.
(A break was taken.)
JUDGE NEWMAN: With regard to this Exhibit Number 441, I find that it is admissible under Rule 801 by a party opponent. However, the portion of it that says: When I get out of here, is problematic. If the defense would like that portion of it redacted, that was the gist, that he's in rehab and when he gets out of here, he's going to do this or that, we can redact that portion. If the defense does not wish to have that portion redacted, the exhibit will come in in its entirety.
MR. GRIFFIN: Your Honor, here is where we find ourselves on the defense side. His drug addiction and drug use, which is, frankly, res gestae to the alleged criminal conduct on the financial fraud, and it's hard for us on the defense side and, and there -- and it didn't really get fleshed out in our in-camera hearing because they didn't put up evidence of this. But it's something that we all knew, but it is part and parcel of the financial crimes, and it explains why he did what he did, and it does, in a way, pile on and make it even more prejudicial. And so when considering that, Your Honor, what we would ask is we want to renew or motion, object to all financial crimes now that we know drug use is coming in in the midst of it because it is res gestae. It does tell the entire story, and we would ask the Court to strike all the financial testimony that the Court has heard thus far, and let's proceed with a murder trial.
JUDGE NEWMAN: All right. Well, that motion is denied.
MR. GRIFFIN: Thank you.
JUDGE NEWMAN: But the portion -- the Court admits this document and will redact that portion if requested by the defense. Do you want to just redact the portion that suggests that he was in rehab, or you said it was part of res gestae and may be part of your defense? I don't know.
MR. GRIFFIN: Yes, sir.
JUDGE NEWMAN: The State is offering evidence and --
MR. GRIFFIN: Your Honor, we're not asking it to be redacted. We would request that whenever we get to this 404B witness testimony, that the Court provide a limiting instruction. Thank you.
JUDGE NEWMAN: Well, you know, I'm not going to give a limiting instruction prior to every witness's testimony, or in the middle of every witness with testimony. The Court has given the limiting instruction twice and will do so at the end of the case as well, and there may be other instances, but not at every juncture where evidence is being offered.
MR. GRIFFIN: Yes, sir.
JUDGE NEWMAN: All right. So, this exhibit is admitted. You may bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: Thank you. The objection is overruled, the exhibit is admitted.
(TEXT MESSAGE MARKED AS STATE'S EXHIBIT NUMBER 441 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: May it please the Court, Your Honor?
JUDGE NEWMAN: Yes.
CONTINUED DIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: Just very quickly. When we last left off -- State's 441 now admitted into evidence -- this was a text you received from the defendant. Is that right?
ANNETTE GRISWOLD: That's correct.
MR. WATERS: And the date on that is September 26th?
ANNETTE GRISWOLD: September the 26th, yes.
MR. WATERS: Is that 2021?
ANNETTE GRISWOLD: It is.
MR. WATERS: Is this the text of -- that text that the defendant sent to you?
ANNETTE GRISWOLD: It is.
MR. WATERS: I only have a couple more questions for you. Before I get to the end, one question I wanted to ask you was what was the defendant's cell phone usage like?
ANNETTE GRISWOLD: He was always on his phone, always on his cell phone, always on his office phone. He would quit one conversation and grab another. Sometimes he would have both phones to his ear.
MR. WATERS: Would it be unusual for the defendant to go anywhere without his cell phone with him?
ANNETTE GRISWOLD: Absolutely.
MR. WATERS: I want to play for you what's been admitted into evidence as State's 297.
(Break in proceedings.)
(The video was played. Audio not transcribed.)
MR. WATERS: Do you recognize any voices in that video?
ANNETTE GRISWOLD: I do. I hear three voices.
MR. WATERS: Tell me who you hear.
ANNETTE GRISWOLD: I hear Paul Murdaugh, Maggie Murdaugh, and Alex Murdaugh.
MR. WATERS: And how sure are you?
ANNETTE GRISWOLD: I'm 100 percent sure.
MR. WATERS: Can I have the ELMO one more time, please?
ANNETTE GRISWOLD: I'm sorry.
(Break in proceedings.)
MR. WATERS: Going back to State's 441, can you read just that one sentence starting where my finger is pointing that the defendant sent to you?
ANNETTE GRISWOLD: The worst part is knowing I did the most damage to those I loved the most.
MR. WATERS: Thank you. Nothing further.
JUDGE NEWMAN: Cross-examination.
CROSS-EXAMINATION
BY MR. GRIFFIN:
MR. GRIFFIN: Good morning.
ANNETTE GRISWOLD: Good morning.
MR. GRIFFIN: Ms. Griswold, do you -- were you hired by Alex to work at the law firm?
ANNETTE GRISWOLD: I was hired by the firm, but he was in one of the meetings that -- and it was my understanding that I was going to be working for him.
MR. GRIFFIN: Right, and so you interviewed with him.
ANNETTE GRISWOLD: I did.
MR. GRIFFIN: And you've been working -- or you worked with him for --
ANNETTE GRISWOLD: About nine years.
MR. GRIFFIN: -- nine years.
ANNETTE GRISWOLD: Yes, sir.
MR. GRIFFIN: And one second, please. I apologize.
(Break in proceedings.)
MR. GRIFFIN: My understanding is that you moved back to Hampton because your -- you had -- your father was ill?
ANNETTE GRISWOLD: My father was ill, yes, sir.
MR. GRIFFIN: And then -- so you moved your family back, you and your husband, and --
ANNETTE GRISWOLD: Right. My husband and my daughter and I moved to be closer to my dad and help my mom with him.
MR. GRIFFIN: And you got a job working for the law firm. And did you work exclusively for Mr. Alex Murdaugh?
ANNETTE GRISWOLD: Mostly, yes. I mean, there was other attorneys that I might do some work for here and there, but primarily Alex was who I -- who my attorney was.
MR. GRIFFIN: And if you needed to take time off to -- for personal matters, would you just have to run it by Alex?
ANNETTE GRISWOLD: That's correct, yes, sir.
MR. GRIFFIN: And he put family first at work, did he not?
ANNETTE GRISWOLD: Most of the time, yes.
MR. GRIFFIN: And he encouraged you to put your family first.
ANNETTE GRISWOLD: Absolutely.
MR. GRIFFIN: And I think your father -- excuse me, your husband had a heart attack and he was in the hospital for quite some time.
ANNETTE GRISWOLD: Yes. For five weeks before he ultimately passed away.
MR. GRIFFIN: And I'm sorry to hear that.
ANNETTE GRISWOLD: Thank you.
MR. GRIFFIN: But Alex encouraged you to do all you needed to do to care for him and don't worry about work. Isn't that right?
ANNETTE GRISWOLD: Yes, he did.
MR. GRIFFIN: And you didn't miss a paycheck.
ANNETTE GRISWOLD: I sure didn't.
MR. GRIFFIN: Was he a good person to work for?
ANNETTE GRISWOLD: It was hit or miss. I cared about him. I respected him. I loved him. You know, you can't be that close and work with somebody without having, you know, feeling -- developing feelings for them and their family members, but it was hard to work for him sometimes. He was a bit erratic and -- yeah, for, you know, for all the respect and love I had for him, it was still very difficult to work for him.
MR. GRIFFIN: I think your description was he was like a Tasmanian Devil that would come through at the end of the day?
ANNETTE GRISWOLD: He would.
MR. GRIFFIN: And he was frenetic?
ANNETTE GRISWOLD: Yes.
MR. GRIFFIN: And -- but people came to him if they needed something.
ANNETTE GRISWOLD: Absolutely, yes, sir.
MR. GRIFFIN: And so he had a lot of people coming, and did he ever say no to anybody's request?
ANNETTE GRISWOLD: He didn't know the word no.
MR. GRIFFIN: And -- well, he would want to schedule his appointments around his family's commitments, wouldn't he?
ANNETTE GRISWOLD: Yeah, absolutely.
MR. GRIFFIN: So, like if the Buster and Paul were -- had baseball season, he would be sure to block all of that out off his calender, wouldn't he?
ANNETTE GRISWOLD: Most of the time. Sometimes he didn't tell us about personal matters or things where they were going until the day of or whatever, but -- and we would have to reschedule stuff. But if it was on the calendar, yes, he was going to be there for anything that the boys had going on.
MR. GRIFFIN: He put in his work life family first. Is that right?
ANNETTE GRISWOLD: Yes, that's correct.
MR. GRIFFIN: You would agree with that?
ANNETTE GRISWOLD: I would definitely agree with that.
MR. GRIFFIN: And you got to know Maggie, did you not?
ANNETTE GRISWOLD: I did, yes, sir.
MR. GRIFFIN: And she was thoughtful for you on your birthday and anything you had going on?
ANNETTE GRISWOLD: Absolutely, yeah.
MR. GRIFFIN: And I think you mentioned the Faris trial in Columbia. That was in Columbia, wasn't it?
ANNETTE GRISWOLD: That was, yes, sir.
MR. GRIFFIN: And you went to the trial, didn't you?
ANNETTE GRISWOLD: I did.
MR. GRIFFIN: And do you remember Alex going up on a Sunday and he spent the night in the hospital because his dad was going to have surgery the next day?
ANNETTE GRISWOLD: Yeah, I do, yeah. Seems like that's -- it's been a long time, but yeah.
MR. GRIFFIN: Is that right?
ANNETTE GRISWOLD: Yes.
MR. GRIFFIN: And then Maggie came up on Monday and stayed with him during the trial, right?
ANNETTE GRISWOLD: I never did see her. We -- our paths never crossed because I was kind of in work mode, but I know she was there.
MR. GRIFFIN: Right, and he traveled frequently with Maggie on work trips, didn't he?
ANNETTE GRISWOLD: Yes, sir.
MR. GRIFFIN: And he would take his family to conventions when they would have work, right?
ANNETTE GRISWOLD: As far as I know, yes, sir.
MR. GRIFFIN: And Alex wasn't the type of guy that would go off on a guy's trip. His trips were family trips, weren't they?
ANNETTE GRISWOLD: I mean, I don't know that without a shadow of a doubt. But, you know, I know a lot of his trips were family related, something with him and Maggie, or him and Maggie and the boys and their significant others.
MR. GRIFFIN: Right, and he was real close with Maggie's family, too, wasn't he?
ANNETTE GRISWOLD: Yes. It appeared that they were very close.
MR. GRIFFIN: And if Mr. Branstetter's -- Maggie's dad couldn't get in touch with Alex on his cell phone, he would call you and ask where is Alex?
ANNETTE GRISWOLD: Yeah. He would call myself or Kristi and say hey, can you get Alex to give me a call? Yeah.
MR. GRIFFIN: And they communicated quite frequently, didn't they?
ANNETTE GRISWOLD: They did.
MR. GRIFFIN: And did you meet Mr. and Ms. Branstetter?
ANNETTE GRISWOLD: I didn't meet them until we had a -- Mr. Randolph was -- he got the -- oh, what was it?
MR. GRIFFIN: The Award of the Palmettos?
ANNETTE GRISWOLD: Yeah, and that's when I met them. That was the first time I had ever met Maggie's parents.
MR. GRIFFIN: The -- and if Alex was in -- even in a deposition and if Maggie or Paul or Buster would call, I mean, he would walk out and take a call, wouldn't he?
ANNETTE GRISWOLD: I never was present with him. I've heard rumors of such, but I was never was present with him in depositions and mediations.
MR. GRIFFIN: Well, in the office if he was in a meeting, he would always take their calls, wouldn't he?
ANNETTE GRISWOLD: Oh, yeah, absolutely.
MR. GRIFFIN: He never would say, oh, gosh, you know, tell her I'll call her back.
ANNETTE GRISWOLD: No. He never put off calls with his family. He always called them.
MR. GRIFFIN: Now, you were talking about the night that you learned that Maggie and Paul were murdered, that you thought when you first got the call that it was about Mr. Randolph.
ANNETTE GRISWOLD: Correct.
MR. GRIFFIN: And we're talking about Mr. Randolph Murdaugh.
ANNETTE GRISWOLD: That's correct.
MR. GRIFFIN: Alex and Randy's dad.
ANNETTE GRISWOLD: Yes, sir.
MR. GRIFFIN: Because it was well known that he had just been put back in the hospital and his condition was not well.
ANNETTE GRISWOLD: Yeah. It was my understanding that at that point, the family was making arrangements to bring him home and hospice may be involved, and so obviously we were all expecting awful news.
MR. GRIFFIN: And he, in fact, did die on Thursday, June 10th, I believe.
ANNETTE GRISWOLD: I believe so, too, yes, sir.
MR. GRIFFIN: And after that you said that, you know, the whole law firm rallied lead around not just Alex, but Alex and Randy and their families.
ANNETTE GRISWOLD: Absolutely.
MR. GRIFFIN: And that's --
ANNETTE GRISWOLD: And we rallied around each other because we were scared. We were worried.
MR. GRIFFIN: And then after -- well, I mean, I guess it was like a tidal wave of media surrounding the law firm at some point in time, wasn't there?
ANNETTE GRISWOLD: Yes, sir.
MR. GRIFFIN: And so y'all had to be careful with the comings and goings, and that was kind of scary.
ANNETTE GRISWOLD: It was. We ended up having to lock our front door because they would just walk in and just overwhelm the receptionist, so it was -- became like a daily habit there for a few weeks, so we had to end up locking the door.
MR. GRIFFIN: And as a result of Maggie and Paul's tragic murder, Alex Murdaugh became front and center of a media spotlight, didn't he?
ANNETTE GRISWOLD: He did, yes, sir.
MR. GRIFFIN: And it wasn't -- and there were cameras outside of the court -- outside of the office frequently, right?
ANNETTE GRISWOLD: There were, yes, sir.
MR. GRIFFIN: There were cameras out at Moselle?
ANNETTE GRISWOLD: I think so. I didn't go out there, but I'm assuming they probably were.
MR. GRIFFIN: And all of the buzz was about Alex Murdaugh and what happened to Maggie and Paul, right?
ANNETTE GRISWOLD: Yes, sir.
MR. GRIFFIN: And all the while you were around Alex on occasion and you noticed his demeanor, and he was grieving greatly, was he not?
ANNETTE GRISWOLD: He was grieving, and he was also very humble. He had changed dramatically, you know, afterwards. He was more mellow, and he would come in in the mornings and instead of yelling Kristi, Annette and telling us what to do, he would actually come to our desk and say hello and check on us, and we would, in turn, check on him. So, he was very different after the murders.
MR. GRIFFIN: And he had a hard time working after the murders?
ANNETTE GRISWOLD: Absolutely, yeah, as you can imagine.
MR. GRIFFIN: Sure, and you're aware, and you had to keep up with his whereabouts, but he spent a lot of time with Maggie and -- Maggie's parents?
ANNETTE GRISWOLD: Yeah. He would tell me that he would have weekend plans, and I would hear him on the phone with his inlaws and making plans to meet up for the weekend.
MR. GRIFFIN: And he stayed in Summerville a good bit with Buster and with Maggie's parents?
ANNETTE GRISWOLD: As far as I know, yes, sir.
MR. GRIFFIN: And he and Buster traveled up to the Upstate to Lake Keowee or something. Are you aware of that?
ANNETTE GRISWOLD: I remember him saying, you know, the family had property or something up there, his inlaws, and they were all getting together.
MR. GRIFFIN: And are you aware that Alex would not spend a single night after Maggie and Paul were murdered at Moselle?
ANNETTE GRISWOLD: Yes, sir, I knew that.
MR. GRIFFIN: And when he was working in Hampton, he was either commuting from Summerville, Edisto, or staying with his brother Randy, or something like that.
ANNETTE GRISWOLD: I knew he was either staying with family or, you know, he was coming back from Summerville from -- or Greenville from being with the inlaws, but that's all I knew.
MR. GRIFFIN: But he never spent one night more at Moselle.
ANNETTE GRISWOLD: Not as far as I know, no, sir.
MR. GRIFFIN: Now, you were asked questions by Mr. Waters about the Faris matter was the furthest thing from your mind after the murder of Maggie and Paul.
ANNETTE GRISWOLD: Yes, sir.
MR. GRIFFIN: And you didn't do any more about that after Maggie and Paul's murder, correct?
ANNETTE GRISWOLD: That's correct.
MR. GRIFFIN: But I think you also said that you had -- that you conveyed your concerns to Jeannie Seckinger and that she essentially took over.
ANNETTE GRISWOLD: That -- yes. When I gave it to her, I knew she would -- she told me she would take it from there, and so I know she was -- I gave it to her and that was that.
MR. GRIFFIN: So, there's really nothing more for you to do on the Faris matter after you turned it over to Jeannie, right?
ANNETTE GRISWOLD: Correct.
MR. GRIFFIN: And then you were in this -- Alex's office one day looking for a file, and you stumbled across this canceled check.
ANNETTE GRISWOLD: Yes, sir. It must have been underneath the file I wanted, in between that and something else so when I lifted my file, it fluttered to the floor.
MR. GRIFFIN: And the -- and you felt -- I think you talked to this jury about how this whole thing put you in a bad spot, and your daughter said you need to dust your resume off or something like that.
ANNETTE GRISWOLD: That's correct, yes, sir. I was worried. I was hoping I was wrong. I was hoping that my gut feeling was wrong, and that what I was looking at was not money being stolen and that he was not doing that. I was hoping I was wrong, but at the same time I was scared to turn it in because what if they, you know, look into it and it's nothing -- there's nothing going on, and then, you know, it disturbs the relationship we had working together and, you know, what would I do? Would I be able to stay at the firm after turning him in on something so bad that he could lose his job over it? So, I was concerned; I was concerned for my livelihood. I'm a single mom with a teenage daughter.
MR. GRIFFIN: And nothing happened to your job, correct?
ANNETTE GRISWOLD: No, sir. Nothing happened to my job.
MR. GRIFFIN: And it was Alex who lost his job.
ANNETTE GRISWOLD: Yes, sir, that's correct.
MR. GRIFFIN: And you mentioned -- and what's in evidence is Defendant's Exhibit (sic) Number 441 is a text that you received from Alex, correct?
ANNETTE GRISWOLD: That's correct.
MR. GRIFFIN: And it's -- was it just to you or was it you and --
ANNETTE GRISWOLD: Me and Kristi, his other secretary.
MR. GRIFFIN: The other secretary. And the day, this Sunday, September 26th, at 4:30 p.m. in the afternoon?
ANNETTE GRISWOLD: Yes, sir.
MR. GRIFFIN: And you mentioned it was from rehab?
ANNETTE GRISWOLD: Yes. As far as I knew, it was rehab. I assumed it was probably one of the steps of reaching out to those that you hurt and telling them you're sorry.
MR. GRIFFIN: And Alex was in rehab?
ANNETTE GRISWOLD: Yes, sir. As far as I know, he was.
MR. GRIFFIN: Okay. I want you to read this for the jury, the whole email, if you don't mind, please.
ANNETTE GRISWOLD: Okay. Sure: Hey, it's Alex. I'm finally feeling a little better each day. I'm over the worst but still feel like I have the flu, real weak. I have been worried about y'all and I'm sorry I didn't get to tell y'all myself. I know both of you have been hurt badly by me. I know it sounds hollow but I am truly sorry. The better I get, the more guilt I have. I have an awful lot to try to make right when I get out of here. The worst part is knowing I did the most damage to those I loved the most. I'm not real sure how I let myself get where I did. I'm committed to getting better and hope to mend as many relationships as I can. You both are special people and important to me. Please know how sorry I am to have made you part of my misdeeds. I hope you're doing as well as possible. I love you very much. Please tell Cheryl and Haley hello and I'm sorry. All my love.
MR. GRIFFIN: Thank you. That's all the questions I have, Your Honor.
JUDGE NEWMAN: Anything further?
MR. WATERS: Very quickly, Your Honor.
REDIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: Mr. Griffin asked you about whether or not you were worried about losing your job over these Faris fees. Is that right?
ANNETTE GRISWOLD: Yes, sir.
MR. WATERS: And then he asked you the defendant lost his job, right?
ANNETTE GRISWOLD: That's correct.
MR. WATERS: After the murders but before September, the defendant still had his job, didn't he?
ANNETTE GRISWOLD: Yes, he did.
MR. WATERS: He still had his law license, didn't he?
ANNETTE GRISWOLD: Yes, sir.
MR. WATERS: You said in response to the defense counsel's question that people came to him if they needed something, correct?
ANNETTE GRISWOLD: Absolutely, yes, sir. He was trusted by everybody, and they knew that if they needed something, all they had to do was reach out and he was going to help them.
MR. WATERS: He was trusted by everybody. Did you trust him?
ANNETTE GRISWOLD: I trusted him, yes, sir.
MR. WATERS: People came to him for anything like all of these clients right here?
ANNETTE GRISWOLD: Yes, sir.
MR. WATERS: He was a prominent lawyer?
ANNETTE GRISWOLD: Yes, he was.
MR. WATERS: One of the most prominent in the region?
ANNETTE GRISWOLD: Yes.
MR. WATERS: And all of that came to an end September of 2021 when all of that came out, did it not?
ANNETTE GRISWOLD: Right. When I found the check, I knew that he had lied to me and that he had stolen that money.
MR. WATERS: Thank you. Nothing further.
MR. GRIFFIN: Nothing further, Your Honor.
JUDGE NEWMAN: Thank you. You may step down.
(The witness exited the stand.)