Grand Jury Indictment 3/20/14

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Here's TM's kidnapping charge (murder charge should read the same) via Horry Co. court records. There are a few motions already filed and the first was on 2/28, production notice. This next Friday would be 30 days if that's the motion for discovery?

Moorer, Tammy Caison Other Filing 03/17/2014-16:29
Moorer, Tammy Caison Motion/Motion For Motion 03/14/2014-00:53
Moorer, Tammy Caison Motion/Motion For Motion 03/12/2014-12:17
Moorer, Tammy Caison Notice/Notice Filing 03/07/2014-13:18
Moorer, Tammy Caison Notice/Notice Filing 03/07/2014-10:08
Moorer, Tammy Caison Notice of Motion Action 03/05/2014-14:00
Moorer, Tammy Caison Notice/Notice of Representation Filing 02/28/2014-13:45
Moorer, Tammy Caison Motion/Production Motion 02/28/2014-13:45
Moorer, Tammy Caison Imaging of Warrant Filing 02/27/2014-11:03


You will need to agree to terms & reenter her name from the link though.

http://publicindex.sccourts.org/horry/publicindex/?AspxAutoDetectCookieSupport=1

Same link for SM's court records only his attorney filed on 3/5, it appears.

SM's murder case record (kidnapping reads the same)

Moorer, Sidney Stclair Preliminary Hearing Scheduled w/ Notices Event 03/28/2014-08:30
Moorer, Sidney Stclair Archived Court Summons Filing 03/14/2014-00:00
Moorer, Sidney Stclair Archived Court Summons Filing 03/14/2014-00:00
Moorer, Sidney Stclair Notice of Motion Action 03/05/2014-13:52
Moorer, Sidney Stclair Certificate of Representation Action 02/28/2014-13:36
Moorer, Sidney Stclair Imaging of Warrant Filing 02/27/2014-10:55

The records haven't been updated. Still showing a prelim on 3/28. fwiw
 
Oreolover said:
In general the process begins with LE seeking a warrant from either a magistrate (in my state) or a judge (as in SC). If the magistrate or judge finds probable cause, then a warrant is issued (ie charges are filed). The grand jury comes later and determines whether the case continues to trial. Grand juries are used to "bind over" felonies for trial.
Click to expand...

A grand jury is a legal body that is empowered to conduct a legal proceeding to investigate potential crime and to determine whether criminal charges should be brought.

 
magnolia said:
A grand jury is a legal body that is empowered to conduct a legal proceeding to investigate potential crime and to determine whether criminal charges should be brought.

Click to expand...

I'm not trying to be argumentative. I'm just using 26 years as a criminal defense attorney. You may want to read sccourts.org criminal procedure section 109(c) for the procedure.
 
Oreolover said:
I'm not trying to be argumentative. I'm just using 26 years as a criminal defense attorney. You may want to read sccourts.org criminal procedure section 109(c) for the procedure.
Click to expand...

Care to explain what happened in the case of Casey Anthony and John/Patsy Ramsey. Two cases off the top of my head that were taken before a grand jury before charges were filed.

Perhaps the procedure is different in S.Carolina. A grand jury after the fact still seems no less unusal to me.
 
Oreolover said:
In general the process begins with LE seeking a warrant from either a magistrate (in my state) or a judge (as in SC). If the magistrate or judge finds probable cause, then a warrant is issued (ie charges are filed). The grand jury comes later and determines whether the case continues to trial. Grand juries are used to "bind over" felonies for trial.
Click to expand...

What does "bind over" felonies for trial mean (from 0 years as a lawyer :D)

Thanks!
 
magnolia said:
Care to explain what happened in the case of Casey Anthony and John/Patsy Ramsey. Two cases off the top of my head that were taken before a grand jury before charges were filed.

Perhaps the procedure is different in S.Carolina. A grand jury after the fact still seems no less unusal to me.
Click to expand...

The state used the grand jury in Casey Anthony's case because she had already been charged and arrested on related matters that formed the basis of the complaint (child neglect). The state opted to go to the grand jury rather than start the entire process over.

The state convened the grand jury in the Ramsey case because LE was unable to name any person who should be charged. They used the grand jury to investigate. It is rarely done, and is mainly for circumstances like this, when they have no probable cause to name a specified person as the defendant. The DA then refused to prosecute.
 
nosysw said:
What does "bind over" felonies for trial mean (from 0 years as a lawyer :D)

Thanks!
Click to expand...

Most states have a two tier system of trial courts: the lower court where misdemeanors are dealt with, and a higher level court. The term "bound over" just refers to transferring the case from one court to another. I'm sure there is an old English term that " Bind over" derives from, but I've forgotten it ( if I ever knew it).
 
Hatfield said:
I also hope he will fess up and tell where Heather is.

However, since she is not found yet I think I may know why he never will.

All things are pointing to him being involved almost as much as TM is (if not more). If that is the case then there is no benefit for him to fess up because he cant really bargain much for any kind of benefit except maybe life without parole instead of death penalty.

Because I dont think the DA would want to ever give him anything less than life in prison as a bargaining tool. The public would have a huge outcry if some kind of deal was made that gave him X number of years and we find out he is as guilty as she is with luring Heather to her demise.

So IMO all things are pointing to him not going to ever fess up. Because it doesnt help him get any kind of bargain.

I hope I am wrong and if I am wrong then what kind of bargain can the DA offer him to tell where Heather is? Maybe give him money on his commissary or maybe offer him a single cell so he cant be killed by other prisoners. I am struggling with what kind of offer they could bargain with him if he is as culpable as TM is.

Threatening the Death Penalty and keeping that on the table is one bargaining tool the DA should seriously consider. Early on they made a mistake in my opinion about saying something about not being death penalty case. They should not have said that as that may be 1 way they could get info out of SM.
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There is still LWOP or Life as options, so the bargaining chip could be Life, with possibility of parole. A bargaining chip might also be if one could be sentenced to kidnapping, and the murder charge dropped depending on the circumstances, for example: one hits Heather over the head and she dies. Not premeditated murder, but possibly premeditated kidnapping with an accidental death thrown in. The one who did not actually hit Heather might be able to bargain. Charges get dropped all the time in deals.

There are several ways I see one of them getting out in 15 years, but I'm not mentioning them here because I'm not giving out those ideas. My point is that while I originally thought the same as Hatfield, upon further inspection of laws, I think there is still some bargaining room.
 
magnolia said:
Care to explain what happened in the case of Casey Anthony and John/Patsy Ramsey. Two cases off the top of my head that were taken before a grand jury before charges were filed.

Perhaps the procedure is different in S.Carolina. A grand jury after the fact still seems no less unusal to me.
Click to expand...
I don't know if this will help, but this site has some good information:
http://www.nolo.com/legal-encyclopedia/charged-with-crime-how-29677.html

"How does a criminal case get started? Usually with a police arrest report. The prosecutor then decides what criminal charges to file, if any. The case can then go to a grand jury for a criminal indictment or to a preliminary hearing where a judge decides if there is enough evidence to proceed."

"When a prosecutor brings a case to a grand jury, he presents the jurors with a "bill" (the charges) and introduces evidence -- usually the minimum necessary, in the prosecutor's opinion -- to secure an indictment. "

"If the prosecutor decides to file a complaint rather than present the case to a grand jury, and the case is a felony, the defendant is entitled to a preliminary hearing at which the prosecutor must show that the state has enough evidence of the crime to warrant a trial."
 
Ghostwheel said:
I don't know if this will help, but this site has some good information:
http://www.nolo.com/legal-encyclopedia/charged-with-crime-how-29677.html

"How does a criminal case get started? Usually with a police arrest report. The prosecutor then decides what criminal charges to file, if any. The case can then go to a grand jury for a criminal indictment or to a preliminary hearing where a judge decides if there is enough evidence to proceed."

"When a prosecutor brings a case to a grand jury, he presents the jurors with a "bill" (the charges) and introduces evidence -- usually the minimum necessary, in the prosecutor's opinion -- to secure an indictment. "

"If the prosecutor decides to file a complaint rather than present the case to a grand jury, and the case is a felony, the defendant is entitled to a preliminary hearing at which the prosecutor must show that the state has enough evidence of the crime to warrant a trial."
Click to expand...

Thanks

From your link:

If a felony is involved, prosecutors sometimes leave it to grand juries to decide whether charges should be filed.
 
oceanblueeyes said:
What will be interesting to me to see if the DA decides to try them together or try them separately.
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What are some of the possible reasons the DA would try them separately? Together?

How would you interpret the DA trying the Moorer's separately?
(Other than the obvious - having a better chance of convicting them both)
 
So, SM has a private attorney and TM kept the same court appointed attorney? Am I understanding this correctly?

That means taxpayers foot the bill for TM's defense? Yes? No?

And what does that mean as far as the Moorers themselves are concerned? They could only afford one private attorney? If so, why SM, not TM?

I'm sorry if this has been covered elsewhere.

Do we know what experience /record these two attorneys have with murder cases?
 
I still wonder whether a high-profile lawyer will sign onto this case. It is a huge local story, with the potential to be covered nationally. I wonder if they have been getting offers?

Then again, it seems like in most high-profile cases, the lawyers do not work pro-bono. Maybe a reduced fee, but it seems like there still needs to be some payment. We know that Anthony paid Baez using the media money, Zimmerman got thousands in donations for his defense, Terri Horman's parents took out a mortgage on their house or something like that to pay for her laywer, and so on...
 
intothedeep said:
So, SM has a private attorney and TM kept the same court appointed attorney? Am I understanding this correctly?

That means taxpayers foot the bill for TM's defense? Yes? No?

And what does that mean as far as the Moorers themselves are concerned? They could only afford one private attorney? If so, why SM, not TM?

I'm sorry if this has been covered elsewhere.

Do we know what experience /record these two attorneys have with murder cases?
Click to expand...

Hopefully, SC won't bend over backwards to accomidate attornies who chase anymore if the state picks up the tab. Not that SC has, but I saw one who did. jmo
 
Bring on different trial dates, I think they learned that early on in order to understand the circumstances of Heather's demise. Sad to say. Will one get less sentencing or one get more? I'm leaning towards both get the same harsh penalty. jmo
 
For one, I thought it was TM with a family lawyer who most likely connected her to the comment. Sidney with a public defender... Money talks, but I think her fuel has run out or will end pretty soon. Do I think she will talk, hell yeah, It's Tammy Moorer, whoever she thinks she is in this town. Sorry to say, it's not working on the upswing. jmo
 
Dr. Know? said:
For one, I thought it was TM with a family lawyer who most likely connected her to the comment. Sidney with a public defender... Money talks, but I think her fuel has run out or will end pretty soon. Do I think she will talk, hell yeah, It's Tammy Moorer, whoever she thinks she is in this town. Sorry to say, it's not working on the upswing. jmo
Click to expand...

Correct TM has a private lawyer out of Florence SC where I live.

SM has a public defender.

Sent from my SAMSUNG-SGH-I747 using Tapatalk
 
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