MISTRIAL - Sidney Moorer on trial for the kidnapping of Heather Elvis #5

[Truth Prevails]

. . . Edit: I almost forgot. Notice the repeated mention of the note at TK "Hey Ladies, please stop f*cking the maintenance man, he's married." I point out the use of LADIES. with an S. Makes me wonder if more than one TK staff member was banging SM, and if so was the other one jealous, and did they instigate this whole thing, tell SM about the pregnancy, try to split them up, and inadvertently (or directly) lead to HE's demise?

The only reason I doubt SM was having relations with someone else besides Heather at that time is no other suggestion or info of him doing so was in evidence. Surely if there were others someone from TK would have said something about it. I really think that note left with the "ladies" (plural) at TK was so that just the one person who was involved with SM (Heather) would not be pointed out directly.

First quote respectfully snipped by me.

After hearing the testimony, my thoughts immediately went to the second theory. However the first theory is very interesting. I can certainly see SM having more than one young woman under his influence at the same time.

 

[Truth Prevails]

Longbeards came as a surprise to me also. Although, I don't think if it was presented as the place Heather was lured to would have flown in the trial. How would the narrative have gone? I guess something like she was lured there and then her car and phone was taken to PTL to be ditched? Also, they would have had to explain who it was driving her car back to her apartment and the reason for that. Who called who once they arrived at PTL?

These questions have been circling for me, too. I wish I had some answers.

Regarding the bold by me, I believe we know only that Heather's cell phone did the calling.

An approximate four minute call was placed from Heather's cell to SM's cell at 3:17 am. (According to info I read here at W/S, SM's cell phone pinged at his residence.)

At that point Heather's cell had left Longbeard's and returned to the parking area of her apartment. From approximately 3:25 am to 3:35 am, Heather's cell phone moved from White River Drive to Forestbrook Road to Peachtree Road; then to Peachtree Boat Landing.

At approximately 3:37 am, Heather's cell phone and vehicle appear to be at Peachtree Landing; Heather's cell began calling SM's cell. From 3:38 am to 3:41 am, four very short calls were made; appearing as if they all went without being answered.

According to trial testimony--SM's truck was very close to the landing at approximately 3:39 am. At 3:46 am, the same vehicle was seen leaving the landing.

 

[Truth Prevails]

Because I feel they are trying to make what evidence they have fit neatly for their case even though it's not what actually happened. And, the fact that LB's was never brought to the public's attention early on when witnesses may have seen or heard something or search teams could have searched around that area.

I wonder if it would be too late to at least drag the retention pond?

If you enlarge the sceenshot, note the smaller green circle: 3:11 am to 3:15 am – Heather’s cell phone could have been between the roadway and the retention pond at Longbeard's restaurant.



Source for time and above screenshot:
Aaron Edens, an intelligence analyst with the Mateo County, Calif.
https://youtu.be/EDANtHK2e2E

 

[Gardenista]

Hey @CarolinaAsh! Long time no see!

BBM

Yeah, kinda perturbed about the whole Longbeard's location being a surprise during the trial. I can see LE holding back on other info, but not this. IMO, she was "lured" (or whatever we want to call it) there not PTL.

I guess it was better that the jury came back deadlocked than finding him completely innocent. :doh:

Somebody on SM--either one of the case pages or the news pages--mentioned Longbeards a day prior to the info coming out. I have looked everywhere to try to find that comment with no luck. I wish I would have bookmarked it.

 

[Surfside]

Longbeards came as a surprise to me also. Although, I don't think if it was presented as the place Heather was lured to would have flown in the trial. How would the narrative have gone? I guess something like she was lured there and then her car and phone was taken to PTL to be ditched? Also, they would have had to explain who it was driving her car back to her apartment and the reason for that. Who called who once they arrived at PTL?

So, for her to have been lured somewhere, say Longbeard's, the kidnapping has to have taken place there as well? I'm not trying to be contentious; I'm genuinely asking. Can't she have been lured there, but SM's timing was off, so PTL became a backup plan? Or does the luring only exist if the kidnapping took place at the location? If it was his intention to harm her or take her at LB's, even if his plan fell through, could he not have still (theoretically) lured her there? TIA.

 

[LBDunes]

So, for her to have been lured somewhere, say Longbeard's, the kidnapping has to have taken place there as well? I'm not trying to be contentious; I'm genuinely asking. Can't she have been lured there, but SM's timing was off, so PTL became a backup plan? Or does the luring only exist if the kidnapping took place at the location? If it was his intention to harm her or take her at LB's, even if his plan fell through, could he not have still (theoretically) lured her there? TIA.

BBM - I agree that the kidnapping could have taken place there. That means the kidnapper was proven to be in that area at the time she was there. I just don't believe that she was carried away from that location based on the evidence. I believe it was at PTL. I have reasoned that based on the evidence I weighed it against, including witnesses and the data. I personally would believe if the intersection of his truck and the data showing her phone was last detected at Longbeards then that would have been the last trace of her. I believe 2 of the elements of the charge were met. According to the laws of South Carolina, whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law. I believe the 2nd element (carry away) was at PTL. The first element inveigal (persuade (someone) to do something by means of deception) was the phone call. The evidence doesn't indicate that the last place she was at was Longbeards.

 

[Hatfield]

The only reason I doubt SM was having relations with someone else besides Heather at that time is no other suggestion or info of him doing so was in evidence. Surely if there were others someone from TK would have said something about it. I really think that note left with the "ladies" (plural) at TK was so that just the one person who was involved with SM (Heather) would not be pointed out directly.

JMO
I thought that as well that the "ladies" note was done just not to single out heather but now I am wondering about TM's spy that has never come forward. There is someone out there that is not known yet if we are to believe TM about her spy that she had for many months.

Lets assume for a minute there was an another female employee at TK that happened to befriend SM and got a little too friendly with him and then one day TM is there so this person befriends TM to cover that she has been seeing SM. Then if TM asked her to do her a favor and keep an eye on SM for her then she may have gladly agreed to further coverup that she is seeing him herself.

I just cant understand how a person that would spy for them and they end up in a murder case that that person would have not gone to LE by now with all they know. Unless they too feel guilty about something like maybe sleeping with SM too at one time.

We do know of one person that would have had communication with both SM and TM. The manager because TM called there all the time. Hmmmmm

All speculation and no basis. Just wish the spy would go to LE and tell all they know.

 

[PeterThomasFan]

What was SM's alibi after the Wal-Mart and payphone call? Anyone?

SM told LEO that he was working at Sticky Fingers that night.

TM said she was home "couponing" and PC said the truck never left the yard.

As for the 3:17am call, the M's said they were at home in bed.

In the WBTW interview, SM said that the pregnancy test was for his wife and also placed her in the truck while he was inside the Wal-Mart making his purchase.

It is in my opinion that if SM was going to Wal-Mart from Sticky Fingers, her would have entered from the West side of the parking lot.

If he was going to the Wal-Mart from the direction of Heather's apartment, he would have entered the Wal-Mart parking lot from the North.

In the Wal-Mart video played during testimony (01:01:31), it clearly shows SM's truck entering from the North.

:thinking: & :moo:

 

[bestill]

I don't believe for a minute that TM was in the truck with SM during the Wal-Mart run or the phone call.

Someone above asked about the Longbeards, the first time I heard it mentioned was when KT was questioning SS, he mentioned LB and I wondered then what was up with that. Another point, KT made sure the jury knew that TM was charged with kidnapping too and that her trial was coming up soon. I think throwing her under the bus was the plan from the beginning. I'm sure they were hoping that SM would get off and TM's case would be dropped.

 

[LBDunes]

I think the alibis were multiple - MIL PC said "they were with me, the truck never left the yard, they got home at 3, I know because we were up then because we had to go to work early". Also, would him saying, "we were in bed" to the cop in the driveway qualify? I don't think a time was specified when he said that. I am not sure?

 

[LBDunes]

I don't believe for a minute that TM was in the truck with SM during the Wal-Mart run or the phone call.

Someone above asked about the Longbeards, the first time I heard it mentioned was when KT was questioning SS, he mentioned LB and I wondered then what was up with that. Another point, KT made sure the jury knew that TM was charged with kidnapping too and that her trial was coming up soon. I think throwing her under the bus was the plan from the beginning. I'm sure they were hoping that SM would get off and TM's case would be dropped.

BBM - I agree I do not believe she was in the truck at the time. That doesn't mean I don't believe she had involvement, though. Since the test was not reasonably proven to be for Heather, why did he have to run to the media to refute that? I think it kind of lent weight to it may have been, since that was so important to get out there through the media? So to me kind of had the opposite effect than was intended.

 

[Truth Prevails]

What was SM's alibi after the Wal-Mart and payphone call? Anyone?

SM told LEO that he was working at Sticky Fingers that night.

TM said she was home "couponing" and PC said the truck never left the yard.

As for the 3:17am call, the M's said they were at home in bed.

In the WBTW interview, SM said that the pregnancy test was for his wife and also placed her in the truck while he was inside the Wal-Mart making his purchase.

It is in my opinion that if SM was going to Wal-Mart from Sticky Fingers, her would have entered from the West side of the parking lot.

If he was going to the Wal-Mart from the direction of Heather's apartment, he would have entered the Wal-Mart parking lot from the North.

In the Wal-Mart video played during testimony (01:01:31), it clearly shows SM's truck entering from the North.

:thinking: & :moo:

I don't think he has an alibi for after he left the Walmart that could satisfy law enforcement. His cell phone was turned off at 1:15 am--so while he was in Walmart; and wasn't turned back on until 3:02 am.

He certainly has lied before.

Thanks for all your great links and interesting points!

 

[Truth Prevails]

So, for her to have been lured somewhere, say Longbeard's, the kidnapping has to have taken place there as well? I'm not trying to be contentious; I'm genuinely asking. Can't she have been lured there, but SM's timing was off, so PTL became a backup plan? Or does the luring only exist if the kidnapping took place at the location? If it was his intention to harm her or take her at LB's, even if his plan fell through, could he not have still (theoretically) lured her there? TIA.

Regarding the bold by me--I don't think so. Below is a transcript I did from the prosecutor's closing argument--it's up to us how we interpret it, I guess. My apologies for any typos or errors.

At about 6:40 minutes in:
I have been telling you a lot about his phone calls and him creeping around in the middle of the night. And about him telling all these lies.

And here is why it’s important. Because kidnapping is not only about taking control. These are all the different ways you can kidnap somebody. So don’t go back there and think she didn’t struggle; she got into the car with him willingly—I can’t even say this is kidnapping.

Do not believe that. That is not true. It couldn’t be further from the truth.

And this kidnapping case is such a different kind of kidnapping. Normally kidnapping is a stranger snatching you up. Normally a sign of a struggle. This is not that kind of a case.

This is a more thought out case. To have kidnapping, you can have any of these including inveigling and decoying; or carrying away. Anyone of these things is kidnapping. Anyone of them.

And I’m telling you, decoying out—this is the first one I looked at—decoying out. And I looked at it; I thought about it; I opened my Black’s Law Dictionary up. It was kind of dusty. I opened it up.
By the very definition, by the very definition, it said decoying out is to lure someone from the safety of their home—for the purpose of kidnapping. That is what the definition is. To lure someone away from the safety of their home.

This kidnapping had already happened when he called her from that payphone at 1:35. When he told her that lie—and we know it is a lie. The man, if you have any doubt, look over there—he is wearing his wedding band. It is obvious he was not going to leave his wife. It is obvious that was a lie to get a young girl moving around away from the safety of her home.

He has not left his wife.

And in fact, Mr. Truslow asked John Martin about him being interviewed with his wife. So he, obviously, was telling her that to get her to move around. Because it is obvious it was a lie; and it is obvious he had no intentions of leaving his wife.

And, in fact, him not leaving his wife is what got this all started in the first place.

He didn’t want to leave his wife, and he didn’t want the bother being with her either—being over there pregnant at 20 years old. That was a problem. I’m not leaving my wife, and I can’t handle this over here. So I’m going to have to do something about this problem.

Soon as he lured her away and decoyed her out of that apartment—that was kidnapping. Soon as she left her residence—and he decoyed her away—that was kidnapping.
That is when it began—when he lured her out.

These are all—inveigling is to tell something untrue. To inveigle someone—bring them to you under false pretenses. That is what he was doing that night.

Once he got her away, because he couldn’t do anything in that apartment complex. It’s an apartment and there are 100 condos around. 100 apartments. You can’t do anything there. That doesn’t make sense.

He had to get her away; by herself. Lure her away, get her moving around by herself somewhere she had never been in the dark of night.

That 1:35 call—that was it. That was the beginning of the end for Heather Elvis. When he called her at 1:35 and she decided, you know, I was going to sleep on it but he is calling me. I mean, he must be thinking about me. It’s me he is thinking about—I’m going to go meet him.

Soon as he made that phone call and convinced her to come out—that was the beginning of the end.

This woman was not around two hours after that phone call. He calls her at 1:35. 1:35. By 3:41 her phone is dead and gone. So a little over two hours from this phone call was the end of her.
And it is literally from this phone call down that is the beginning of the end. When he decoyed her out—when he decoyed her to that landing—that was kidnapping. That was kidnapping.
Now, of a person—Heather Elvis. By any means, by any means—whether it be he put his hands on her; or he lured her out. By any means, he has lured her out; he has lured her away. Doesn’t have to be “put his hands on her.” Without authority of law.

That kidnapping started at 1:30. And then something happened. I don’t know if they didn’t meet up; I don’t know where he was. I don’t know what happened—but the job was not finished. Whatever happened—because there was another phone call at 3:17—so whatever he planned and needed to happen hadn’t happened yet.

So at 3:17 is when he lures her to the landing, and that is when the end happens.

https://youtu.be/_AJiO3HYS44

 

[Surfside]

I don't believe for a minute that TM was in the truck with SM during the Wal-Mart run or the phone call.

RSBM: Yeah, I believe she was in that truck about as much as I believe she was having SM followed. Tracking his phone, maybe, but not having an actual person follow him.

 

[Surfside]

Regarding the bold by me--I don't think so. Below is a transcript I did from the prosecutor's closing argument-

Soon as he lured her away and decoyed her out of that apartment—that was kidnapping. Soon as she left her residence—and he decoyed her away—that was kidnapping.
That is when it began—when he lured her out.

Soon as he made that phone call and convinced her to come out—that was the beginning of the end.

https://youtu.be/_AJiO3HYS44

RSBM: Thank you for this answer. That's what I was getting at, and I agree with you and the Solicitor.

 

[Cardinal47]

SM is a liar and a cheat. I have no reason but to believe he also lied and cheated on Heather. SM was certainly not a one woman man.

The way he looked in court all cleaned up is not the way he appeared to the girls with his long hair and beard.

He was a player and a ladies man.

The State knows all of this but they were keeping Heathers case 'clean' so as to not confused the jury.

MOO

 

[Gardenista]

Not sure if she was in the truck, but someone was using his phone calling a number with a NJ area code around the time he was in WM

 

[PeterThomasFan]

Who here thinks that SM didn't realize that the Wal-Mart has 7,000 (exaggeration) security cameras pointing in every direction?

Did he purposefully try to be on camera that night? :thinking:

BTW, that particular store in MB has the highest shoplifting rate of them all. Thinks he would have learned his lesson from the Costgo shoplifting incident.

 

[LBDunes]

Who here thinks that SM didn't realize that the Wal-Mart has 7,000 (exaggeration) security cameras pointing in every direction?

Did he purposefully try to be on camera that night? :thinking:

BTW, that particular store in MB has the highest shoplifting rate of them all. Thinks he would have learned his lesson from the Costgo shoplifting incident.

I am sure he realized that there were cameras in Walmart. Purposely trying to be on camera? I don't know? What do you think his thoughts were about being on camera at the payphone, regardless of what direction he was coming from?

 

[PeterThomasFan]

And, another thing before I step away...

What was purchased at the Bi-Lo on 12/18? Remember, the receipt that was found during the search of the compound in a blue outdoor trash can. :thinking:

Also, I was really anticipating Nancy lugging that torso mannequin into the court room. :escape: