EVIDENCE - Pro and Con

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The other day I was watching an "old" (last year) episode of Dateline Saturday Mysteries, and it was about the missing sister of actress Aasha Davis. The missing woman's husband was convicted of her murder with no body or DNA evidence. Basically, the only evidence they have (aside from his suspicious behavior) was that a cadaver dog hit on the trunk of his car, and a neighbor saw him leaving his apartment building with a large rolled up carpet on a dolly the night she disappeared. Sadly, the woman's body has never been found.

I'm so curious about the evidence they have in this case and if cadaver dogs will come into play at all. I think they will (even though LE has not stated they found anything).
 
I think they do have more evidence than they have made public, and I don't feel it is necessary to release that info till the trial. The M's and their attorneys surely know what they have against them. I can't wait for the trial to begin.
 
I think they do have more evidence than they have made public, and I don't feel it is necessary to release that info till the trial. The M's and their attorneys surely know what they have against them. I can't wait for the trial to begin.

RBBM

Of course LE does. I surely hope so!

Evidentially, the M's don't know what all they have against them since SM's Lawyer has been motioning for all the evidence. To include favorable evidence to the defense!

And if the State fails to comply, it could be possibly be used by the Defense as a tactic during the trial phase/appeal.

Sidney Moorer defense attorney files new motion to compel in Heather Elvis case

Truslow’s motion says it’s being made pursuant to Brady v. Maryland, a 1963 U.S. Supreme Court case that ruled prosecutors must turn over exculpatory or other favorable evidence to the defense when requested.


Kirk Truslow files second motion to compel in Heather Elvis case

Ken Gaines, professor of law at the University of South Carolina, said motions to compel are similar to simple discovery motions.

With ordinary discovery motions, attorneys work out discovery issues among themselves, Gaines said.

“The judge only gets involved if there’s something the defendant feels he’s entitled to that he didn’t get,” he said.

Failing to comply with motions to compel could carry consequences during the trial phase.

“If the state intentionally withholds evidence the defendant is entitled, all kinds of things could happen,” Gaines said. “If the state says they don’t have it and it comes up later, it could be an appeal issue or a Habeas Corpus issue.”
 
Not that it's a popularity contest but, the Justice for Jessica Facebook page surpassed the Find Heather Elvis page today in the amount of "Likes".
 
Speaking of cadaver dogs or search dogs, would any hits or non-hits be considered evidence?

[?]Evidence found at PTL.
[?]Anything found or missing at Heather's apartment (clothes from the date, missing clothing, computer, etc)
[?]Evidence found during any searches.
 
I know almost everything about this trial and will probably be subpoenaed. I would love to talk to you! If you have specific questions I can try to answer but understand there are a lot I cannot discuss
 
RBBM

Of course LE does. I surely hope so!

Evidentially, the M's don't know what all they have against them since SM's Lawyer has been motioning for all the evidence. To include favorable evidence to the defense!

And if the State fails to comply, it could be possibly be used by the Defense as a tactic during the trial phase/appeal.

What do you suggest
 
I know almost everything about this trial and will probably be subpoenaed. I would love to talk to you! If you have specific questions I can try to answer but understand there are a lot I cannot discuss

Are you a verified insider on this case?


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I know almost everything about this trial and will probably be subpoenaed. I would love to talk to you! If you have specific questions I can try to answer but understand there are a lot I cannot discuss
Wow! You may consider becoming a Verified Poster here on WS then. :please:

I'm not sure that I could bring anything new or special that I haven't already posted here. :blushing:

Plus, I'm sure as a group, we would all love to discuss what knowledge you may bring to helping find Heather!
 
I'm wI'll in to discuss anything I'm allowed to all I want is Heather home. Ask me anything
 
I'm wI'll in to discuss anything I'm allowed to all I want is Heather home. Ask me anything

Welcome to WS Kris,10!!!! I'm glad you joined us. Here is a link to list of mods and forums each moderates. There are several mods for Heather's case so just send one a PM and they will direct you on how to become a verified poster. I look forward to you sharing with us as I think I can speak for everyone here that we all want Heather brought home!

http://www.websleuths.com/forums/showgroups.php
 
WOW!

I can't stand it though when somebody gives me the run-around and forces me to go over their head so-to-speak.

Newspaper taking Heather Elvis search warrant request to S.C. Supreme Court

Waccamaw Publishers, parent company of several Horry County community newspapers and myhorrynews.com, is taking its effort to secure the release of search warrants issued in the Heather Elvis case to the South Carolina Supreme Court.

In a petition and complaint filed Monday afternoon, Waccamaw Publishers asked the high court to order Horry County associate chief magistrate Aaron Butler to release the warrants, which Horry County police executed in the early morning hours of Feb. 21.
 
Discovery motion filed on behalf of Myrtle Beach man charged in Heather Elvis disappearance
BY TONYA ROOT
December 16, 2014

After filing two motions to compel evidence through discovery, an attorney for a Myrtle Beach man charged in the disappearance of 20-year-old Heather Elvis filed a motion for prosecutors to continue to provide evidence as they discover it.

On Monday, Myrtle Beach attorney Kirk Truslow filed his first supplemental motion for discovery on behalf of 38-year-old Sidney Moorer, who is charged with murder and kidnapping in Elvis’ disappearance. Sidney Moorer’s wife, Tammy Moorer, 42, also faces the same charges.
 
Discovery motion filed on behalf of Myrtle Beach man charged in Heather Elvis disappearance
BY TONYA ROOT
December 16, 2014

After filing two motions to compel evidence through discovery, an attorney for a Myrtle Beach man charged in the disappearance of 20-year-old Heather Elvis filed a motion for prosecutors to continue to provide evidence as they discover it.

On Monday, Myrtle Beach attorney Kirk Truslow filed his first supplemental motion for discovery on behalf of 38-year-old Sidney Moorer, who is charged with murder and kidnapping in Elvis’ disappearance. Sidney Moorer’s wife, Tammy Moorer, 42, also faces the same charges.
This makes me think that the defense is assuming that test results are continually coming in and they want to make sure they don't get something at the last minute. (Like, "Oh, by the way, we discovered we were wrong and those Florida remains WERE Heather..." or "The blood on the towel we found in the bathtub was Heathers.**just as an example of what the defense would not want, not based on reality**)
 
Discovery motion filed on behalf of Myrtle Beach man charged in Heather Elvis disappearance
BY TONYA ROOT
December 16, 2014

After filing two motions to compel evidence through discovery, an attorney for a Myrtle Beach man charged in the disappearance of 20-year-old Heather Elvis filed a motion for prosecutors to continue to provide evidence as they discover it.

On Monday, Myrtle Beach attorney Kirk Truslow filed his first supplemental motion for discovery on behalf of 38-year-old Sidney Moorer, who is charged with murder and kidnapping in Elvis’ disappearance. Sidney Moorer’s wife, Tammy Moorer, 42, also faces the same charges.

This is insulting that he files this the first anniversary of Heather's disappearance, imo. You would think they would have some respect for the victim and her family.
 
I really didn't know where to post this. There didn't seem to be a right spot so I picked here because it was most recently updated. It's kind of going to be stream of consciousness, just updating everyone on what has been going on in my Heather bubble. I know I went MIA, that was on purpose. A lot of things were being said on here and off here that I couldn't deal with without getting into some kind of trouble, so I just removed myself. Of course, aside from that nothing has changed here. There may be a few less fliers, a few less searches, a few less news stories... but otherwise everything is stagnant. No one knows where Heather is, no one is talking. The gag order has made it frustrating to try and follow the case because there is just NOTHING. Her banners are still posted, in fact if you Google for River City Cafe in Socastee on the map and go street view, you'll see one. She is still missing and missed. People still talk about her case, but we're all just stuck waiting for either someone to crack and tell where she is, or for this trial to start. It's so frustrating, I've seen trials for other public murders be conducted, in short months, and here this one is going to be around a year's timeline? I can only hope that means that the state is getting their ducks in a row so that this trial sticks good.

But in the meantime, the community is stuck. I don't know if anyone's posted here but TK has closed. PTL has a beautiful garden in Heather's memory. Her family is being so strong I can't even fathom how they are doing it. There have been many vigils. She has been prayed for worlds over. I see her face on stickers on the back of cars driving down 31. I wear a "Find Heather Elvis" bracelet on my wrist. I dream about her, a lot. I hate it because they make me sad, but also because I always get woken up RIGHT when I'm about to find out where she is. I know that many have given up hope, that the Ms are charged with murder, but she hasn't been found. There is no body, and I don't know what evidence the state has. So until I know, I have hope. Except I also don't. Heather is Schrodinger's Cat. She has been put in a box, labelled missing, or better yet, on the side of a milk carton. and until we open it, until we find her and see her, she's neither dead, nor alive, she's both.

It's hard, my dad knew her. He had her number in his cell phone, and I guess this weird thing happens with smart phones, at least on AT&T... where if you haven't talked to a phone number in a certain number of days the phone will ring with that number to remind you to call it or delete it. This setting is turned on automatically and you have to go physically turn it off. I think it was in July... my dad's phone rang and the display said it was Heather. It freaked him out so bad. He answered of course because what else would you do? but it was just dead air. That's how we found out about that stupid weird setting. Because he went to the carrier and asked them what the heck?

Thursday is the 1 year anniversary, and the vigil. I'm going, of course. How could I not? But why do I have this weird feeling in my stomach like something will happen. Because it's been a year? Because if something doesn't happen soon the community might explode? It feels like a powder keg. There are rumors, of course, but not as many as there had been. I've been thinking of her a lot lately. More than usual I mean. Actively thinking. Maybe it's mostly because of the anniversary but also, the case of Jessica Chambers? For some reason, something about that resonates the same note inside of me. Except it turns bitter. Because I'm sorry for her and her family, I really am. But at least they have her body. At least they know. For sure. The not knowing, that's the hardest part. How it hasn't killed the Elvis' spirits I will never in a million years know. Is it weird to say that I admire them for that? For their strength and poise and faith in the face of this never ending tragedy? I do. Well. I've said enough, but I will come back after the vigil. Especially if something does in fact happen.
 
Welcome back CarolinaAsh!

I had to take a break for awhile too a few months back.

It's so frustrating and hard to come up with any new leads and clues especially with the gag order in place.

I feel like that really stopped the momentum of the pursuit to find Heather. And, I don't really see how it has helped either. If it were to just stop the public outcry and rumors circulating on FB then, sure it helped. But, people will continue to talk regardless. Just not as much.

The same exact thing is happening with the Jessica Chambers case on Social Media if not more. And now, even Anonymous is getting involved!

The fact that searches have stopped (as far as we know), posters are old and faded, there are no PI's (as far as we know) working the case, and that the local media is not doing any investigative reporting – I tend to believe also that they are just waiting for the trial to start.

Wow, how time flys! Hard to believe its been a year now...

Where is Heather?
 
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