Grand Jury Indictment 3/20/14

[4evernbluejeans]

I would like to see the rules too. All I know is that someone posted here that these judges are only available at certain times and the hearing dates are based on that schedule.

Yes, it seems we have "traveling judges" here in SC. I didn't know that was still something that was done...it seems very "old west" to me. But I guess another good reason not to murder someone in SC! You know, besides family members shooting at people...oh and bedbugs, herpies and HIV going around in the prison system (sarcasm). I had really hoped one of these two would have started bargaining at this point. Oh well, it looks like we are in for a long haul.:tantrum:

 

[CHERIE.T]

Yes, it seems we have "traveling judges" here in SC. I didn't know that was still something that was done...it seems very "old west" to me. But I guess another good reason not to murder someone in SC! You know, besides family members shooting at people...oh and bedbugs, herpies and HIV going around in the prison system (sarcasm). I had really hoped one of these two would have started bargaining at this point. Oh well, it looks like we are in for a long haul.:tantrum:

What a post. You got me doing this.. :floorlaugh:

 

[CHERIE.T]

Sometimes I wonder why the M's are not shouting for a "speedy trial"...have not heard much about that. I know I would be, if innocent, even if it could not happen. I also wonder why the state needs at least a year, since specific charges were so quick to come down and they say they have evidence for all of them. Logically, I know it takes a long time to put a murder case together for trial...but I just it was sooner. I know they probably hope she will be found before trial, but that may never happen...jmo

The state needs a year..... hoping Heather is found before then.

 

[eileenhawkeye]

I am reading about cameras in the courtroom in SC.

(iii) The presiding judge may refuse, limit, or terminate media coverage of an entire case, portions thereof, or testimony of particular witnesses as may be required in the interests of justice.

(i) No more than two television cameras, operated by no more than one camera person each, shall be permitted in any proceeding.

(iii) No more than two still photographers, utilizing no more than two cameras and related equipment each, shall be permitted in any proceeding.

So only 4 members of the media will be allowed to film the trial. Is that common?

And what does "terminate media coverage of an entire case" mean? No cameras? No members of the media allowed? Reporting on the trial is prohibited?

I really hope the judge allows the trial to be filmed.

http://www.judicial.state.sc.us/courtReg/displayRule.cfm?ruleID=605.0&subRuleID=&ruleType=APP

 

[Dr. Know?]

Children speaking up does work against the death penalty. I still worry about them all. May they be watched over. Not sure if this a disticntive gene pool in their armor. If so, wtf? How smart is this family in court? Are they lethal? My main question would be, how can you lie so easily or put on false pretences? Baffles me to even think of how to get out of murdering Heather. jmo I'll figure it out tomorrow...

That's a lot of hatred to kill a person. A whole lot of rage. I know who I'd pick.

 

[4evernbluejeans]

Children speaking up does work against the death penalty. I still worry about them all. May they be watched over. Not sure if this a disticntive gene pool in their armor. If so, wtf? How smart is this family in court? Are they lethal? My main question would be, how can you lie so easily or put on false pretences? Baffles me to even think of how to get out of murdering Heather. jmo I'll figure it out tomorrow...

That's a lot of hatred to kill a person. A whole lot of rage. I know who I'd pick.

Hey Dr. know, I have some personal experience here and I can tell you that when you are part of a family of liars...you become one of them, without much choice. It is sad but true, that when your parents lie-you become their secret keeper. Even if you do not want to lie, you are the one who can not ever answer a question. Because if you do, and you tell the truth..hell will follow. So you evade for as long as you can or play dumb, but eventually to remain a part of that family unit-you have to lie. They will lie about silly inane things, that make no sense to lie about-just to lie. This is a whole way of life for some and I think for me at least, the rub comes when you realize-they also LIE to YOU. MOO it is a fairly common family dynamic that in a sense, sets you up for RAGE. Think about it, when you spend your while life fabricating and someone comes along and shines a light on the truth, ie cheating husband...you are left with only your own sad stories and dingy, fake existence. :facepalm:

 

[EmmaRose]

Bringing this down from Heather's Media thread wher Ima posted it.

http://www.myrtlebeachonline.com/20...e-hyman-defers-to-judge-john.html?sp=/99/134/

Looks like the newspaper's lawsuit to make Moorer search warrant public is getting nowhere...

 

[eileenhawkeye]

More info:

In the days following the arrests, Waccamaw Publishers requested copies of search warrants and warrant findings from Horry County Magistrate Aaron Butler’s office at J. Reuben Long Detention Center.

During Wednesday’s hearing, Butler’s attorney Jim Gilliam argued that the search warrant and findings are covered under Judge John’s gag order, and that Butler himself is covered by the order.

Jay Bender, a Columbia attorney representing Waccamaw Publishers, argued that Butler isn’t covered under the gag order because magistrates are not law enforcement officials.

“I think that’s the most absurd argument I’ve ever heard. A judge is not a law enforcement agency,” Bender said in court. “The gag order does not talk about the magistrate. That’s why I think this whole thing is a smokescreen by a magistrate who says, ‘please gag me.’”

http://www.myhorrynews.com/news/crime/article_5d3137d2-f1a9-11e3-94fe-0017a43b2370.html

 

[EmmaRose]

Hope I'm not asking a dumb question, but my curiosity insists that I do!

Aren't the recipients of a search warrant given it to read, and wouldn't it contain the reasons why it is being issued? If so, the Moorers know what's in it, so why the gag order on it? What am I missing?

 

[eileenhawkeye]

I think I LOVE My Horry News.

Search warrants are no different than arrest warrants or civil lawsuits, which are also considered open court records under state and federal law. We cannot, in a free democracy, ignore laws we find inconvenient. The law doesn’t allow us to cherry-pick which ones to follow or ignore. We cannot take shortcuts merely to obtain convictions.

Without transparency, how can we trust police are acting properly? How can we be sure criminal charges weren’t filed to satisfy passions of the public?

There has been an almost mob mentality associated with the Elvis case.

Social media, bloggers and ordinary citizens have been quick to inject rumor and speculation.

In January, this newspaper was bombarded with emails from the public about the Moorers in an apparent attempt to implicate them.


Just because police say releasing the warrants will hurt the investigation doesn’t mean that’s true, though some citizens have accepted these claims at face value. To some, the biggest complaint about police has been that law enforcement didn’t arrest the Moorers sooner. Charging the Moorers at all costs seemed to matter most.

http://www.myhorrynews.com/opinion/editorials/article_ffa68116-bf4a-11e3-9644-0017a43b2370.html

Tell us how you really feel! LOL

 

[eileenhawkeye]

I wonder if My Horry News really thinks that the prosecution doesn't want the warrants released because it shows they don't have much of a case? It certainly sounds that way if you read between the lines of their opinion piece on it. They keep mentioning all the public pressure, and how just because the prosecution says it will jeopardize the investigation, it doesn't mean it is true. I am sure they had an even closer view at the "almost mob mentality" in this case since they run the newspaper in the area. I hope the judge releases them. I understand why the other judge would refer the case to Judge John, and I don't think that decision is a setback or victory for either side at this point.

 

[Ghostwheel]

Hope I'm not asking a dumb question, but my curiosity insists that I do!

Aren't the recipients of a search warrant given it to read, and wouldn't it contain the reasons why it is being issued? If so, the Moorers know what's in it, so why the gag order on it? What am I missing?

They are asking not only for the warrants, but for the warrant findings. That would mean everything they found when they served those warrants. If that information gets out in Horry county, then the attorneys will say there is no chance of a fair trial in the county. Again, I go back to the Alexis Murphy case with the gag order and the shirt covered in Alexis' blood found in the lodging of the accused (the lodging was a small travel trailer) that was revealed at the trial. Had everyone known about that shirt, they would have had pre-conceived notions before they were selected for jury.

 

[eileenhawkeye]

They are asking not only for the warrants, but for the warrant findings. That would mean everything they found when they served those warrants. If that information gets out in Horry county, then the attorneys will say there is no chance of a fair trial in the county. Again, I go back to the Alexis Murphy case with the gag order and the shirt covered in Alexis' blood found in the lodging of the accused (the lodging was a small travel trailer) that was revealed at the trial. Had everyone known about that shirt, they would have had pre-conceived notions before they were selected for jury.

If they found a shirt with blood, would they have to say that it had blood, or could it just say, a shirt? They did release the search warrants in Alanna Gallagher's case. In Texas, state law prohibits the list of items taken in a search from being sealed. They manage to release search warrants findings of all cases, without all of them having to get venue changes.

 

[Ghostwheel]

I personally think My Horry News just wants what they want and will say anything to get it. A search warrant is completely different than an arrest warrant. Arrest warrants are issued to allow the police to identify and locate persons who need to be arrested. A search warrant allows the police to enter premises such as a plot of land, a residence, or other buildings, in search of evidence or contraband that might be used in an upcoming trial. It's the "upcoming trial" that makes the difference in the gag order.

The Supreme Court has not ruled on the public right of access to applications for search warrants, supporting affidavits, or returns. Indeed, federal appellate courts disagree about whether the public has a right of access to these documents - See more at:http://www.rcfp.org/florida-open-courts-compendium/d-warrants-wiretaps-and-related-materials#sthash.prlflnoI.dpuf

And "trial court may impose gag order on trial participants based on substantial likelihood that extrajudicial commentary will undermine a fair trial" - See more at:
http://www.rcfp.org/secret-justice-gag-orders/survey-law

The reason for the gag order is to insure a fair trial without having to move jurisdictions. While I'm not certain that could be done at this point anyway, the gag order would be the only thing that could keep information that will bias people out of the press. IMO.

RE: My Horry News. I'm not impressed. JMO.

 

[eileenhawkeye]

c. Search Warrants: The following excerpt from the 1989 Attorney General Opinion mentioned above is intended to address both search warrants which have and have not been served. The Opinion concluded that “the [FOIA] would legally permit a public official to refrain from disclosing criminal investigatory records such as search warrants … uch decision … must be made by the custodian of the record and must be based ‘upon evaluation of the particular document or material’ … [m]oreover, the custodian is free to disclose search warrants to the public if he or she deems it would not harm law enforcement or a criminal investigation. Law enforcement officials would be in the best position to assess any harm to an investigation.”

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/GeneralG.htm

I am guessing custodian of the records = magistrate?
If it is his decision to release the records or not, why is he bringing up the gag order? The info above says he can withhold them if he thinks it will harm the case. But he is also saying the gag order won't allow it? Why is he using the gag order as an explanation, while simply saying it will harm the case is deemed enough?

 

[Ghostwheel]

If they found a shirt with blood, would they have to say that it had blood, or could it just say, a shirt? They did release the search warrants in Alanna Gallagher's case. In Texas, state law prohibits the list of items taken in a search from being sealed. They manage to release search warrants findings of all cases, without all of them having to get venue changes.

Um, Tyler Holder, the suspect in that case, opened fire and was shot in the head when LE went to arrest him and serve the search warrant. Not even remotely the same kind of case.

Texas is a state all unto itself A little joke there, and yet....

 

[Ghostwheel]

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/GeneralG.htm

I am guessing custodian of the records = magistrate?
If it is his decision to release the records or not, why is he bringing up the gag order? The info above says he can withhold them if he thinks it will harm the case. But he is also saying the gag order won't allow it? Why is he using the gag order as an explanation, while simply saying it will harm the case is deemed enough?

A magistrate is a civil officer that has power to administer and enforce the law. In criminal cases, a magistrate issues warrants and sets bail.

Using (probably faulty) logic,
IF a trial court may impose gag order on trial participants based on substantial likelihood that extrajudicial commentary will undermine a fair trial.

AND a magistrate is a trial participant

THEN the magistrate would have the gag order imposed upon him. He/she would not need to say anything else.

JMO.

 

[eileenhawkeye]

Judge John’s gag order prohibits “extrajudicial statements” by prosecuting attorneys, employees of the solicitor’s office, law enforcement officials and their agents, attorneys for the defendants and the defendants themselves.

Where does that cover magistrates? Does he work for the solicitor? Is he an LE official?

http://www.myhorrynews.com/news/crime/article_5d3137d2-f1a9-11e3-94fe-0017a43b2370.html

 

[eileenhawkeye]

Um, Tyler Holder, the suspect in that case, opened fire and was shot in the head when LE went to arrest him and serve the search warrant. Not even remotely the same kind of case.

Texas is a state all unto itself A little joke there, and yet....

But the search warrant was regarding Alanna's murder. Alanna was killed in the Holder home, and they released a list of items they got from Holder's house. Heather was possibly killed in the Moorers' home, or her body was brought back there. IDK what Holder shooting LE has to do with it, as TX law says warrant findings are made public in all cases. If Texas finds that releasing search warrants does not harm investigations, why can't Horry County?

 

[NWLady]

If I was TM and/or SM, I would pray that information regarding what was taken when the search warrants were served was NOT released to the public or the media! Why? Because obviously things/evidence were taken that was enough to have grand jury indict me on murder and kidnapping charges, plus several other charges, so while I am sitting in jail and my family is complaining that they are fearful for their lives, being stalked, and harrassed, etc. then do I really want EVERYONE – PUBLIC and MEDIA - knowing that at my house they found the victim's purse, or car keys, or cell phone, or something worse yet – which I cannot bring myself to say, out of respect for the family members who may read my post. Because think about it, if they think people are already upset enough about what is already known, then how mad and upset do you think people may be after being given details, details related to evidence found, details that more than likely will be what makes my case? Just think about it...
But then again, it seems TM and SM seem to want the attention all on them; however, I don't think they like the negative attention quite as well as they liked all the positive attention of their extravagant, wealthy, rich, luxurious lifestyle that they lived prior to being locked in their cells.