Grand Jury Indictment 3/20/14

[Insomnia Momma]

This may eliminate the preliminary hearing. IMO.

Thank you Softtail
http://www.wbtw.com/story/25038367/grand-jury-indicts-couple-in-heather-elvis-murder

 

[cluciano63]

If/since the GJ usually comes before charges, I wonder if in a case when LE found reason to believe the suspects would flee and/or that they were a danger to others, they can go ahead and arrest them and ask for indictments later?

 

[nosysw]

This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?

 

[Oreolover]

If/since the GJ usually comes before charges, I wonder if in a case when LE found reason to believe the suspects would flee and/or that they were a danger to others, they can go ahead and arrest them and ask for indictments later?

The grand jury doesn't "usually come before charges". Procedure followed in this case is normal : probable cause to issue warrant determined by a magistrate or judge (depending on state); arrest; bond hearing if bond not set or is higher than defendant can post; probable cause or preliminary hearing or grand jury; then trial.

 

[Oreolover]

This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?

Yep, that's the nature of the proceeding.

 

[cluciano63]

This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?

I read yesterday they waived the right to a speedy trial, but not sure if that was official or a presumption. I can't imagine innocent people wanting to delay a trial and stay in jail. If the defendants insisted, they could go to trial in whatever the minimum is for Sc, i.e six months, and the state would be forced to be ready. I think it is foolish in this case to not go to trial sooner, for the defense, as it allows time for Heather to be found. Jmo

ETA from what I can find "speedy" is not specific in SC...case to case, based on complexity etc...

 

[Lovejac]

http://www.thestate.com/2014/03/21/3339711/horry-county-grand-jury-indicts.html

The indictments filed against the couple were true bill indictments, which means that the case will not have a preliminary hearing at which more evidence could be presented publicly.

snipped

Tammy Moorer’s attorney, Greg McCollum, said the indictment voids his client’s rights to a preliminary hearing, which they were hoping to hold next week.
“A preliminary hearing is a chance to see if the state has probable cause for the five charges and we would have a limited opportunity which is guaranteed by statute to require the state to present some evidence,” McCollum said Friday. “If the state elects to indict the case, then your absolute right to a preliminary hearing becomes void. We were very much looking forward to hearing the state present evidence and having the preliminary hearing and having that heard.”

 

[Lovejac]

Sidney Moorer’s attorney, Kirk Truslow, said he was disappointed that the indictments were returned and the preliminary hearing won’t be held, but now he hopes the case is expedited.
“I hope it doesn’t take as long as some of the other cases we’ve had around here,” Truslow said, referring to an unrelated previous case in which his client was jailed for four years without bond before the case was resolved. “We are working on it. We already started our investigation. We are hoping to get a trial in a reasonable about of time. If we don’t then we will go back and request a bond.”

Read more here: http://www.thestate.com/2014/03/21/3339711/horry-county-grand-jury-indicts.html#storylink=cpy

Good luck trying to go back and request a bond again. His best bet is a speedy trial.

 

[cluciano63]

Yes, I am so sure the defense for both was really wanting the evidence that convinced a GJ to indict for murder to be heard...I mean, it can only be worse than what we have heard already...jMO

 

[stillwatersc]

http://www.thestate.com/2014/03/21/3339711/horry-county-grand-jury-indicts.html


Tammy Moorer’s attorney, Greg McCollum, said the indictment voids his client’s rights to a preliminary hearing, which they were hoping to hold next week.
“A preliminary hearing is a chance to see if the state has probable cause for the five charges and we would have a limited opportunity which is guaranteed by statute to require the state to present some evidence,” McCollum said Friday. “If the state elects to indict the case, then your absolute right to a preliminary hearing becomes void. We were very much looking forward to hearing the state present evidence and having the preliminary hearing and having that heard.”

snipped

1. Kidnapping
2. Murder
3. OOJ
4. IE #1
5. IE #2

So disposed means the charges were not dropped - just that TM paid bail?

 

[CHERIE.T]

This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?

When people are charged with a crime and bail is denied, yes they can be held until trial.

 

[floridamomma]

This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?

they can waive that right.

Sent from my DROID RAZR using Tapatalk

 

[njgolden1120]

they can waive that right.

Sent from my DROID RAZR using Tapatalk

Also confused. Why would you not want a speedy trial that presses the state for time to get there stuff together. Unless you know you're guilty then I guess why hurry. Or am I thinking all wrong. I'm very unfamiliar with this stuff. God bless Google and Wikipedia.

Sent from my GT-P3113 using Tapatalk

 

[floridamomma]

Also confused. Why would you not want a speedy trial that presses the state for time to get there stuff together. Unless you know you're guilty then I guess why hurry. Or am I thinking all wrong. I'm very unfamiliar with this stuff. God bless Google and Wikipedia.

Sent from my GT-P3113 using Tapatalk

I wouldn't want a speedy trial IF I was fearful of a guilty verdict. IMO. idk, I've never walked in those shoes.

Sent from my DROID RAZR using Tapatalk

 

[cluciano63]

If innocent, IMO, you would the trial ASAP, as long as you felt your lawyer was up to speed, even more so if denied bail. But I get what nosysw is saying...we have "innocent until proven guilty" yet we can lock a person up a year or more before a trial. I mean, I get it as far if they are believed to be a danger, etc...anyway...

 

[njgolden1120]

If innocent, IMO, you would the trial ASAP, as long as you felt your lawyer was up to speed, even more so if denied bail. But I get what nosysw is saying...we have "innocent until proven guilty" yet we can lock a person up a year or more before a trial. I mean, I get it as far if they are believed to be a danger, etc...anyway...

I agree. IMO I don't think they're innocent and I think they know they're not. Otherwise why wouldn't you throw any and every stop out to prove there innocence even from the start. I JUST WISH someone would speak up and bring Heather home.

Sent from my GT-P3113 using Tapatalk

 

[njgolden1120]

I wouldn't want a speedy trial IF I was fearful of a guilty verdict. IMO. idk, I've never walked in those shoes.

Sent from my DROID RAZR using Tapatalk

I wouldn't either with impending doom. But wouldn't a shorter amount of time be in there favor. The longer time better for the state to get everything they need plus some. I don't know either. My run only in's with the law included speeding tickets at 16. And back then I'd rather deal with the law then my parents.

Sent from my GT-P3113 using Tapatalk

 

[nosysw]

So, even though I've been waiting, and praying, for a confession...especially since the bail was denied and indictments came down...my newest thought (which does not make me happy), is that SM will not confess (which I have thought he would have by now) because even if TM is on the inside, she has lots of people on the outside. I don't particularly think he was a family favorite before this happened, iykwim(?).

 

[CHERIE.T]

I am still hoping SM confesses. Sitting in jail 24/7 with no freedom will hopefully break him down.

 

[nosysw]

I am still hoping SM confesses. Sitting in jail 24/7 with no freedom will hopefully break him down.

raying: