GUILTY - Tammy Moorer trial for Kidnapping Heather Elvis, 8 Oct 2018 - #9

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emmanan said:
Judge released extra alternate. Once the jury starts deliberating, they cannot switch someone out for an alternate; the 12 seated at the time of deliberations beginning must be the 12 that carry out the verdict. The released alternate is free to go or stay, free to speak with whomever she chooses, but she will not be deliberating on this case.
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This makes sense bc they aren’t allowed to talk about it during the trial on breaks or lunches and usually everyone adheres to that so other than who the jurors are, she shouldn’t have any juicy info.imho
 
I hope Heather’s family gets some measure of justice today. If TM gets convicted, will she be arrested immediately? I hope she is facing enough time that any time she previously spent in jail doesn’t cancel out her sentence.
 
I'm going to speak to the TM harassment too. She has fb screen shots of people posting support for the Elvis family and if you questioned any of the M's. One of my fb posts is included in those and she posted them on her page. I don't have a fake profile, it was my real one. They are bullies. And as Pearline said they have been horrible to the Elvis family. TM absolutely loathes the community that supported Heather and has from the beginning. So there is a reason for concern.
 
jash said:
(respectfully snipped)


I've transcribed the part of the Judge's charge to the jury that causes me concern.

Mere presence at the scene of a crime is not sufficient to prove someone guilty of a crime. A defendant's presence where a crime is being committed, or mere association with a person who commits a crime, does not make a defendant an accomplice or an aider and abettor of the person committing the crime. The burden is on the State to prove every element of the crime charged. If you find, after reviewing all of the evidence, that the State has proved that the defendant was only present at the scene of a crime and that they have not proved beyond a reasonable doubt any other participation in the crime, then you must find the defendant not guilty. The law is that proof of [unintelligible] at the scene of the crime is not sufficient to find someone guilty. ​

The State objected to the inclusion of the above after reviewing the written charges but the Judge overruled. Hopefully Nancy sold the jury on TM's role in the inveigle and decoy aspects of kidnapping.
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Wasn't this a trial for kidnapping AND conspiracy to kidnap?? Here's the definition for conspiracy:

a secret plan made by two or morepeople to do something bad, illegal, or against someone’s wishes

I don't understand his mandate for TM to HAVE to be present at the scene of the crime. "Conspiring" means a secret plan. TM didn't need to be there for that part of the charge against her. Being present at the scene of the crime IS apart of that "conspiracy."
I am just dumbfounded...baffled....
 
Alex Lang‏ @LangSunNews 2m2 minutes ago
They also couldn't provide the photo of Heather Elvis Donald DeMarino testified about seeing. That story/background is here.

GLaynLGP

Witness testifies about how Heather Elvis looked in photo after she went missing
 
lonetraveler said:
Nancy clarifying that the truck was missing the antennae and lighted decoration in the video of the truck in Walmart, was IMO one of the most crucial pieces of evidence.
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I was wondering if it was on the truck in that video. Given the chance I am sure TM would have then argued it wasn’t them at Walmart and that they told the police it was under duress...
 
(respectfully snipped)
Warwick7 said:
I don't understand his mandate for TM to HAVE to be present at the scene of the crime. "Conspiring" means a secret plan. TM didn't need to be there for that part of the charge against her. Being present at the scene of the crime IS apart of that "conspiracy."
I am just dumbfounded...baffled....
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I did not interpret what he said as TM had to be at the scene of the crime. I took it to simply mean that if a juror thinks the state's evidence proved that TM was at the landing (phone pings and video of truck), but did not prove that she kidnapped or conspired to kidnap, then they must find her not guilty. I think Nancy was convincing about TM and SM's cooperation in luring Heather out that night so it should be enough for a conviction, IMO. Hopefully every juror feels the same.
 
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