EVIDENCE - Pro and Con

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http://www.myrtlebeachonline.com/20...elays-ruling-on-release.html?sp=/99/134/&rh=1

CONWAY — An Horry County Circuit Court judge said Thursday he needed to study case law further before he could determine if he had jurisdiction to decide on the release of evidence recovered during a search in the Heather Elvis disappearance.

Judge Steven John questioned why lawyers for Waccamaw Publishing and The Sun News had not first argued their case before the magistrate who denied the request for information related to the search of Sidney and Tammy Moorer’s property.

Magistrate Aaron Butler issued a written refusal to release the information, saying it “could jeopardize the ongoing investigation.”

“How can I have a hearing to deal with anything when there has been no order?” John asked during Thursday’s hearing.

Read more here: http://www.myrtlebeachonline.com/20...n-release.html?sp=/99/134/&rh=1#storylink=cpy
From the article: "John was unable to research the cases cited by the two sides because the statewide judicial computer system was down." :violin: "He said he would rule after considering their arguments. It is unclear how long that will take."

Might as well settle in...:popcorn:
 
From the article: "John was unable to research the cases cited by the two sides because the statewide judicial computer system was down." :violin: "He said he would rule after considering their arguments. It is unclear how long that will take."

Might as well settle in...:popcorn:

Well... it's been over a week! :judge::computer::turkey:
 
http://www.myrtlebeachonline.com/20...efuses-to-order-release.html?sp=/99/209/&rh=1

Judge Steven H. John of the 15th Circuit Court has refused an appeal to force authorities to release search warrants issued early this year seeking unspecified information related to the Heather Elvis case, but the attempt by media to get them is not over, said Jay Bender, attorney for the S.C. Press Association.

“Something will be done to overcome the notion in Horry County that courts are secret,” Bender said Monday morning...

John’s refusal of the appeal, issued last week, said the appeal was improper because no final order or ruling had been made on the release of the records. Bender said John’s ruling relied on “a formality in magistrate’s court that I’ve never seen.”
 
The thing is, when there's an ongoing investigation, warrants can (usually) be kept sealed to protect the integrity of the investigation. I'm not saying that's fair, only that it's not uncommon.
 
Freezing out the 'public'
BY FITZ MCADEN
July 5, 2014

http://www.thestate.com/2014/07/05/3549192_freezing-out-the-public.html?rh=1

In theory, South Carolina’s courts are open. The state’s Constitution says as much in Article 1, Section 9: “All courts shall be public...”

In reality, it doesn’t always work out that way. In several recent high-profile cases in Beaufort County, judges have sealed documents, sometimes bypassing rules requiring them to consider the public’s interest in the documents.

SEALED RECORDS

Instances of Beaufort County judges sealing records in cases is not unusual, and judges sometimes do it without adhering strictly to court rules aimed at keeping the public informed.

Bender said issues involving court openness “are a bigger problem in the lower part of the state than anywhere else.”

“I’ve had judges down there seal a record and then seal the order sealing the record, so nobody knows what’s going on,” he said.
 
The thing is, when there's an ongoing investigation, warrants can (usually) be kept sealed to protect the integrity of the investigation. I'm not saying that's fair, only that it's not uncommon.
I really have no problem with that if that is what the law reads to be acceptable. But for some reason, South Carolina's courts are supposed to be public. Not public except in some cases, or only public on Tuesdays, or public unless the court illegally decides that the magistrate can say it isn't public, but not make any kind of actual ruling so no one can appeal what the magistrate is doing.

South Carolina should change the law, or honor the law.
 
The fact of the matter is that Judge John isn't saying that he won't allow the search warrants to be released. He's playing "judicial hopscotch" with the process and the State's Constitution.

He just pushed back at the Media's request for the warrants because they did not follow their protocol. Just buying time IMOO.

Who is actually being protected by not releasing the documents? The State or the Defense?

Without checks and balances, how can the system be fair?

What's to say that this type of situation won't happen again during the trial phase?

Look at the case law surrounding SC State SOH Bobby Harrell to see some interesting tactics!

:SMH


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Waccamaw Publishers "upping" their game to contest the Horry County Circus Court's "ruling"...

Horry County newspaper files motion that contests sealing of court documents in Heather Elvis case

Waccamaw Publishers is challenging in court another component of the Heather Elvis case.

Jay Bender, attorney for Waccamaw Publishers, filed a motion with the Horry County Clerk of Court’s office seeking to intervene.

Filed Dec. 1, the motion opposes an effort by prosecutors to seal court documents in the Elvis case.
 
Editorial | Heather Elvis secrecy similar to lack of transparency in Ferguson

The common denominator between Michael Brown and Heather Elvis is not race, gender or violence.

It’s government secrecy.

Racial angst and anger over Brown’s death surely drove the pillaging and plundering of Ferguson, but police secrecy fanned the flames.

Despite a grand jury review of mountains of evidence, details of which are now public, police hiding the facts as the case initially unfolded only made Ferguson folks angrier. Disclosing them later on didn’t quell the angst.

The lack of transparency in the Heather Elvis case has been chilling. Long before there was even a gag order, police were overly secretive and reticent to say anything meaningful. Police redacted the original police report in such a way that it suggested someone who’s never been charged was a person of interest. The media was needlessly whisked away from Peachtree Boat landing for an organized search of the Waccamaw River.

Living in Horry County for a few short years, it immediately became apparent to me that the local LE and Judicial System were not transparent. I learned early on about the so-called "Good 'Ole Boy Network" — it's alive and well. The Mayor and the Town Clownsil have always given me an impression of being slimy and conniving. That, their circle had their own agenda and will continue to do it their way no matter what.

This place has a lot more heinous crime than the officials in power want you to know about including: murder, senseless shootings and stabbings, home invasions, robberies, and statistically (unspoken), a high number of missing persons.

Since moving here, I have seen countless crimes committed that make your head spin and say, "what the ___________ (fill in the blank)!" :facepalm:

Protecting the Tourist Industry here is certainly to blame and no one can deny that! Who wants to vacation in a high-crime ridden cesspool that Hourry County and the Grand Strand has become? Mask it from the public's eye and they will still come here to spend their hard-earned dollars. The local Gov. will even collect on their illegal "tourist" tax (IMO) to continue their propagandistic [advertising] campaign in which they tout Myrtle Beach as the East Coast's #1 vacation spot.

So, as far as Heather's concerned and IMOO, I feel a bit unnerved about the case overall. From the beginning (as well as other cases I've seen here), there has been a total lack of urgency. Everything is reactionary around here IMO. I am not totally confident in the amount of true evidence and am really tired of guessing and the speculation. Sure, the M's seem to have a mountain of suspicion upon them but, without cold-hard evidence, it won't be enough for a jury in court to convict them.

And, what evidence does the general public actually have that they have already proven the M's guilty on all counts? It behoves me to think that anyone could get a fair trial with this lynch-mob way of thinking.

The author of the editorial hits it on the head when s(he) says, "...police have the power to lock someone up, and then go look for evidence later."

It's no different from the 'shoot first – ask questions later' mentality. Do we really want to live in a Police State or Country that locks everyone up because they look guilty? Or, even a community that is so quick to convict someone (including a LE official) without all the facts?

So, what is the evidence and how would it hurt a conviction?

The local LE needs the support and the help from the Community — not a divide. They need to be transparent so that they will have the community's trust.

With the current situations, if you will, that are in the Nation's eyesight right now (Ferguson & NYC), there are discussion about how we can all change. Without getting off-topic about Civil Rights and how to properly police cities and states, the key word here is "trust".

How can one side or the other get along without trust? How can one be fair or impartial without it? How can our courts convict or even free someone without trusting the system? And after it's all said and done: accept the outcome because we ALL trust it was the correct decision.

This may be an outlandish thought, because I know it will never happen in my lifetime. That, we all get along. Everyone has an opinion and is set in their way of thinking. But, a little trust can go a long way.

I stated above that I think the local Gov. here is slimy. That's because I don't trust them. Give me a reason to change my opinion then! Earn my trust. I'm open to change.

Who am I and why do I even need to know this information?

Not that it would ever come to be but, if the tables were turned and any one of us were put in the M's situation, would you want to be locked away and not told the specific reason(s) why? I know I wouldn't.

Seeing the evidence or lack thereof would help me garnish my own opinion. I would have a sense of trust in knowing that the system works and move on.

When someone hides something, isn't forthwith with information, or is altogether silent, I tend to get suspicious myself. That being the case in this situation.

IMO, the overall silence is a sign to me that LE is either hiding or protecting something. I appreciate that they are steadfast on trying to make a conviction stick but, at what expense? Section 9 of The State's Constitution states: 'All courts shall be public...'. Are they in fact adhering to the laws of the State?

I also think that Judge John is delaying the release of evidence requested by the Waccamaw Publishers. Whether this stall tactic is a good thing or not to help the case, I don't know? But, I feel like it's an abuse of power and I don't like this type of Governmental control. Who does?

If the local authorities here (or in any community) could somehow earn the trust and respect of its people (and each other), I think things would be a lot better on both sides. We're a long way off but, we need progress not regress!
Where is Heather? :gaah:

A few interesting reads (in no particular order):

Criminal investigation into MB chamber-related donations continues

FBI, IRS probe Myrtle Beach campaign donations

Myrtle Beach invests tens of thousands of dollars into China

Myrtle Beach Mayor's salary increases by more than double

Five Guys in Murrells Inlet latest in string of armed restaurant robberies

Police: 8 Socastee High students bully student, record incident on camera

Horry County Schools Superintendent to receive nearly $430,000 in payouts

Superintendent Elsberry agrees to cooperate with any investigations as part of nearly $430,000 resignation deal

Crime rate in Myrtle Beach, South Carolina (SC): murders, rapes, robberies, assaults, burglaries, thefts, auto thefts, arson, law enforcement employees, police officers, crime

Violent crimes bolster Myrtle Beach's 'Most Dangerous Places' rank

Missing in Myrtle Beach: 'Every time we turn around, there is another case'

Body cameras 'effective' tool to promote safety

Horry County police say missing Myrtle Beach area teen ran away from home

ACTIVE SEARCH SC - April Cline, 16, Myrtle Beach area, 22 October 2014
 
The judicial/criminal system is set up to protect the actual players -- the defendant and the prosecuting party/the state. The general public does not have the right to know the details of an investigation, which is technically still ongoing in this case.

If you'd like the change the system locally or state-wide then that means legislative action to do so. A bill that will change some part of existing law or a lawsuit that will force the issues into a courtroom.
 
I am not personally concerned with the exact details of evidence [yet] and understand that this is an ongoing police investigation.

I, in no way want to jeopardize a fair, impartial, and just prosecution of those responsible in the matter.

I would just like to see better communication with the local LE and our elected officials.

I'm not the only one seeking change...

NYC Mayor Bill de Blasio Announces Police Retraining Program

“The relationship between police and community has to change. The way we go about policing has to change,” de Blasio said in an afternoon news conference...
 
I reread through a lot of older posts today and started a list of evidence and possible witnesses. Some interesting stuff I totally forgot about.

Is anyone interested in collaborating on this list and sharing their input?

Mods - would this be allowable and if so, with what limitations?

I'm more interested in evidence that can be backed up with MSM or a solid theory but, we could also speculate on potential evidence as long as we segregate it.

Any thoughts?


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Evidence:

  • cell phones (HE[?], SM, TM)
  • cell phone records (call times, text messages, photos, contact lists, data from Apps)
  • Computers (HE, SM, TM)
  • Social Media Accounts (HE, SM, TM) to include TM's Disney Board posts
  • HE's dark green 2001 Dodge Intrepid
  • SM's black Ford F150 pick-up truck
  • TM's red GMC pick-up truck
  • HE's Date (SS)'s lie detector test (any others?)
  • video of M's truck driving to and from PTL
  • receipt from HE at Kangaroo Express (store #3221 - 1929 10th Avenue North at Seaboard St.)
  • receipt from HE at McDonald's (Towne Center Parkway/ International Drive)
  • [?]video of HE at Kangaroo Express (store #3221 - 1929 10th Avenue North at Seaboard St.)
  • [?]video of HE at McDonald's (Towne Center Parkway / International Drive)
  • [?]fingerprint evidence of Kangaroo phone (store #3221 - 1929 10th Avenue North at Seaboard St.)
  • [?]fingerprint evidence of HE vehicle (possibly contaminated evidence ?)
  • [?]fingerprint evidence at M's home
  • [?]video of SM at Kangaroo gas station (store #3221 - 1929 10th Avenue North at Seaboard St.)
  • [?]video around 707 and Dick Pond Rd.
  • photos - explicit or not (from M's home, social media, cell phones)
  • Mickey trailer
  • Journals from M's home
  • [?]Additional evidence collected at M's house
  • DNA found in one of M's vehicles
  • [?]HE's purse
  • Handcuffs from M's house
  • Numerous police reports over the course of investigation
[?] = potential evidence

Witnesses:

  • Roommate (BW)
  • Date (SS)
  • X-Boyfriend (JF)
  • HE's Family
  • M's children
  • HE close friends
  • M's neighbors
  • Residents around PTL
  • HCPD / SLED
  • Expert Witnesses
  • [?]New 21-year-old Tenant living in HE's apartment - http://goo.gl/9kMVka
  • McDonald's employee(s) that waited on HE
  • Kangaroo employee(s) that waited on HE
  • Tilted Kilt Managers and Employees
  • House of Blues Managers and Employees
 
[?] Witness and/or video and/or cell phone pings of SS after dropping off HE
[?] Cell phone 'ping' records for HE/SM/TM
Evidence for the Indecent Exposure charge against SM/TM
 
[?] witness as to SM and TMs whereabouts immediately following HE's disappearance
[?] evidence to support witnesses statement
Or
[?] evidence to discredit this witness statement


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I can't believe that Heather still hasn't been found. :(
 
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