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

[Surfside]

Exactly, if Heather was driving there from her apartment and back.. isn't that the way she would drive? I don't see why she would have gotten on that major highway that is on the map as it is a straight shot the way I went.

That's the route I would take (River Oaks).

 

[magnolia]

:bump:

Thanks.... after reading your post, that is the way I envisioned it.

 

[New2MB]

Snipped by me



First and foremost this is my opinion. I have been left wondering why Longbeards has been the source of great concern by some that it was not publicly mentioned before. I say that because whether you believe the narrative by the state or not, I have yet to hear how they would have used this location and explained how she was or not was in control of her phone? Why would someone drive back to her apartment and who that was and then drive to PTL? Also, I do not understand why there was other information in the trial that was not public that didn't seem to be a surprise. For example, the interview at the M's home, which was quite revealing and contained many contradictions.

And forgive me if this has been answered before - Do we know that the area around Longbeards has not been searched? Do we know if they have questioned anyone on this area? Do we know for certain that landfills were not searched?

BBM- (I hope, haven't done that before)- Some of the other things might have been things that were rumored early on or seen in various reports or social media posts. Longbeards was a complete surprise and it's quite interesting to me because only the people investigating and the people involved would know about LB (ex. Not in any released police reports, not presented at pretrial, restaurant was closed at that hour as far as we all know). It was a well kept secret, and I feel like it was kept secret for a reason (I don't know that reason though).

 

[Surfside]

- Who is the man protecting from news that he had (past tense) an affair, that he needs to lie to police about a missing person? The wife already knows about the affair. The police wouldn't care if he was cheating on his wife or not. So why lie about it?

Especially if that man and his wife were in an "open" marriage.

 

[magnolia]

BBM- (I hope, haven't done that before)- Some of the other things might have been things that were rumored early on or seen in various reports or social media posts. Longbeards was a complete surprise and it's quite interesting to me because only the people investigating and the people involved would know about LB (ex. Not in any released police reports, not presented at pretrial, restaurant was closed at that hour as far as we all know). It was a well kept secret, and I feel like it was kept secret for a reason (I don't know that reason though).

I don't believe LongBeards is an insignificant piece of the puzzle. IMO

 

[magnolia]

I don't think it can possibly help the state to start claiming that, essentially, they didn't have their facts and evidence in order or their lure theory worked out.

Besides, by the time they got to the trial they just had, they indeed knew about Longbeard's.

It's my observation that people are forgetting that according to witness testimony, SM said he was leaving TM and wanted to be with Heather. This has been embellished to equal a known attempt to see her that morning, and based on a premise of "He called, she's gone", then characterized as unbiased 'fact' that he lured.

So this is the amazing part to me - the state wants us to embrace the idea that SM was on a PTL luring mission at the pay phone, despite the fact that Heather seemed to not understand how to reach him and went a location other than PTL, then had to call him on his cell for the PTL meeting to happen.

I hope the state will bring the rest of the timeline into the crime.

Nonetheless, this is still a murder case that would not withstand a trial because of the state's attempt to make the entire crime fit onto that boat landing.

BBM -- Excellent point Jillycat. That should make people pause for thought. IMO.

 

[cujenn81]

Here are some screen shots from Google maps. It's next to Highway 31 but trees obscure most of the view and you can't see it from River Oaks Drive. Basically, you wouldn't know it was back there if you didn't know exactly what you were looking for.

The two below are views of Carolina Forest Blvd in each direction from directly in front of and facing the restaurant.

To the right :

To the left:

 

[cujenn81]

And for good measure, a snapshot facing towards Longbeards:

And with your back to Longbeards:

 

[jillycat]

SM and Heather ended up at PTL (or at least their 2 vehicles + Heather's phone did), but that may not have been the first place or a suggested meeting place in the first call.

The evidence presented shows PTL was the last place Heather's phone connected to a tower (or connected ever again), so PTL is an end point of sorts. Near PTL is also where independent security video evidence shows a black truck matching the characteristics of SM's F150 is spotted going towards and then coming back from the PTL direction; that plus GPS data places both SM's truck and Heather's vehicle + her phone in the same area at the same time. That holds significance because both being at or near PTL is not merely a coincidence.

SM inveigling Heather by telling her he left his wife and wants to be with her doesn't require PTL or meeting at PTL; PTL just happens to be where there is evidence both of them ended up around the same time of the early morning. PTL can't be ignored unless a bunch of evidence is to be ignored.

And speaking of something that can't be ignored: did SM leave his wife that night, or the next, or the next? He was home with the wife & kids on Dec 20/21 when LE showed up at his house. Was his claim about having left the wife merely a ruse to tempt Heather?

I really can't imagine that anyone thinks PTL can or should be ignored, or was a coincidence, and I think it's clear that PTL was the end point of the circumstantial trail.

No one knows if SM lured her to kill her, or if she was killed as a result of something happening/escalating because they met. I doubt that we'll ever know unless there's a surprise ending confession or a new witness shows up. Both seem unlikely.

 

[Unykorn&Reignbeaus]

Using this post as a Segway to ask... can somebody repost the map of all the locations because I was there but I need the map to comment on it and what this post is saying . I'm on my phone right now but I will get to a computer later

TIA!!!

not sure how to post the map but this url gives you a close up of the LB area..... https://www.google.com/maps/place/L...6855ea3237ad6b!8m2!3d33.7531504!4d-78.8619213 ..... you can see that once you pass the shopping center there is nothing else on that road...

 

[Unykorn&Reignbeaus]

:tyou:

I drove the addresses that I had. Something on this map is not jiving for me. Long beards was about a fifth of a mile off a side street of a major two-lane road. From long beards.. I want a fifth of a mile.. took a left.. And I think it was 3 miles down her entrance to her apartments.

This map isn't showing that.

I'll have to revisit this later when I'm on my computer and revisit my notes and what I may have done wrong

Surfside... can you verify/assist?

If you leave Longbeards and get back to the light on River Oaks Drive, take a left and go approximately 4 miles, Heather's apartment would be on the right side.

 

[kcn1988]

I believe that SM and TM had the night all planned out and Longbeards was the place it was originally going to happen once HE was lured there. Something messed up the plan. HE was waiting at Longbeards and SM did not show up. Maybe he got spooked, or cold feet, or a conscience, as unlikely as that seems. For whatever reason, the plan at Longbeards did not happen and he went home. HE, not understanding why he didn't show, frantically tried to get him on the phone. She had no idea she was calling a pay phone. She returns to her apartment and in a last ditch effort, calls his cell. The first time SM doesn't answer. HE calls again. TM or SM turned his cell phone back on around 3am knowing that would be the only way for HE to contact them. This was the mistake that got them caught. They were so careful to use a payphone so their phones would not be connected to HE on the night she disappears, but HE calls the cell. The plan should have been called off at that point, but my guess is that TM could not let it go and wait until a better time. TM was probably full of rage at this point because it had not happened at Longbeards and told SM it had to happen that night. The plan is now back on but the place has now changed to PTL.

 

[nerdgirl]

I believe that SM and TM had the night all planned out and Longbeards was the place it was originally going to happen once HE was lured there. Something messed up the plan. HE was waiting at Longbeards and SM did not show up. Maybe he got spooked, or cold feet, or a conscience, as unlikely as that seems. For whatever reason, the plan at Longbeards did not happen and he went home. HE, not understanding why he didn't show, frantically tried to get him on the phone. She had no idea she was calling a pay phone. She returns to her apartment and in a last ditch effort, calls his cell. The first time SM doesn't answer. HE calls again. TM or SM turned his cell phone back on around 3am knowing that would be the only way for HE to contact them. This was the mistake that got them caught. They were so careful to use a payphone so their phones would not be connected to HE on the night she disappears, but HE calls the cell. The plan should have been called off at that point, but my guess is that TM could not let it go and wait until a better time. TM was probably full of rage at this point because it had not happened at Longbeards and told SM it had to happen that night. The plan is now back on but the place has now changed to PTL.

Interesting. I've been so focused on the iPhone giving location (I.e. turned it off so it would not ping, etc). So
it was turned off after 1:13:55 AM so will not show communication with HE, or ping location.
Payphone is used to call HE instead.
Plans are made to meet (potentially)
Something gets in the way on SM's side
Only way for HE to contact SM is via his iphone, so it is turned back on at 3:17?

Sent from my Nexus 7 using Tapatalk

 

[2Hope4]

I wouldn't be surprised if HE didn't meet or intended to meet SM at Longbeard's, the problem is, we have no evidence. I'm assuming there was no video of HE's or/and SM's or TM's vehicles in that area. The tracking on SM's vehicle yielded no data for that night. I don't know if LE tracked TM's vehicle or not.

I wasn't able to watch the trial, and haven't watched all the youtube videos of it yet.

IF SM or TM met HE that night, any place before PTL, they could have taken control of her vehicle, and been calling the other to pick them up from PTL. I don't know if that happened, and don't know if HE drove to PTL.

If SM had sneaked out of the house to meet HE that night, intending to be back home by the time TM woke up, then HE not meeting him immediately, or within the agreed upon timeframe, then the plan wouldn't work. It's possible TM didn't know SM was goign to meet HE that night, BUT, once HE called SM's phone, TM knew and was furious. I don't know. The state doesn't know. Only TM, SM, and HE know. Only SM and HE truly know what was said when he called her. We don't even know who talked to HE when she called his phone. I would imagine it was SM as I don't think she would have gone at night to meet up with TM, but we don't know.

While I don't believe SM ever intended to leave TM, nor do I firmly believe he was going to meet HE without TM knowing, I can't ever really know.
The two witnesses to that night are liars, and nothing they have said about the night has led to Heather. Sadly, HE isn't here to give her side of the events that night.
Thus we're left with going with the evidence that is present. That being that HE received a phone call from SM. HE called her friend, and told her of the call, and that SM was going to leave TM and wanted to see HE. After a long period of either internally debating what she should do, or waiting on another call, HE decided to call him back. She wasn't able to reach him on the pay phone. Her phone then called SM's cell phone. I believe HE made those call at the first ones to his phone. At any rate, at some point, HE met SM. Her phone has never been used again, hasn't been located. Heather isn't seen again. So those two did something with her! If they indeed killed her, then they kidnapped her. She wasn't able to leave. Whether the kidnapping was from being lured, or being unable to leave, or any of the other definitions of kidnapping, to me, it doesn't matter. Several of the definitions work. JMO!

 

[stillwatersc]

I believe that SM and TM had the night all planned out and Longbeards was the place it was originally going to happen once HE was lured there. Something messed up the plan. HE was waiting at Longbeards and SM did not show up. Maybe he got spooked, or cold feet, or a conscience, as unlikely as that seems. For whatever reason, the plan at Longbeards did not happen and he went home. HE, not understanding why he didn't show, frantically tried to get him on the phone. She had no idea she was calling a pay phone. She returns to her apartment and in a last ditch effort, calls his cell. The first time SM doesn't answer. HE calls again. TM or SM turned his cell phone back on around 3am knowing that would be the only way for HE to contact them. This was the mistake that got them caught. They were so careful to use a payphone so their phones would not be connected to HE on the night she disappears, but HE calls the cell. The plan should have been called off at that point, but my guess is that TM could not let it go and wait until a better time. TM was probably full of rage at this point because it had not happened at Longbeards and told SM it had to happen that night. The plan is now back on but the place has now changed to PTL.

Heather did not go directly to LB's after SM's call. It was an hour later before she showed up there. Maybe SM waited at LB's for some time before giving up & going home. Heather went to LB's only after multiple attempts to contact SM via phone.

(snipped)

1:13:10am to 2:31:24am (Heather's Apartment) 77 location records (37 GPS; 40 Wi-fi)
1:35:16am - Incoming Call from Payphone - 298.8 seconds (5 minutes)
1:44:39am - Outgoing Call to Bri - 132 seconds (2 minute and 12 seconds)
2:29:48am - Outgoing Call to Payphone - 12 seconds
2:30:15am - Outgoing Call to Payphone - 4.8 seconds

2:32:57am to 2:41:25am - Outgoing Call to Payphone - 13.8 seconds (1 Wi-fi location record White River Drive location; 4 GPS records near intersection of River Oaks Dr. and Black Creek; 3 cell site records)

2:32:57am - Outgoing Call to Payphone - 13.8 seconds

2:42:14am to 2:56:11am (Heather's phone is located to the rear of 5040 Carolina Forest Blvd. - Longbeard's Restaurant - North / North East corner of the parking lot where there are dumpsters. 14 minutes at location. Made 4 outgoing calls. 13 GPS records):

2:42:14am to 2:50:30am - Heather's phone was stationary
(snipped)

 

[Dylgem22]

I am thinking when SM called HE from the payphone and told her whatever he did (supposedly he was leaving TM to be with her) he probably told her meet me in an hour at Longbeards .. she left an hour after the payphone call .. then called the payphone back after reaching Longbeards, probably to let him know she was there, to see where he was, etc .. but she didn't know it was a payphone, assumed it was SM's new phone number .. I just don't understand why she left, got a ways down the street, then turns to go back .. maybe she thought he would eventually meet up if she kept calling?? I really wish she had just gone home after that and stayed put

 

[PeterThomasFan]

BBM- (I hope, haven't done that before)- Some of the other things might have been things that were rumored early on or seen in various reports or social media posts. Longbeards was a complete surprise and it's quite interesting to me because only the people investigating and the people involved would know about LB (ex. Not in any released police reports, not presented at pretrial, restaurant was closed at that hour as far as we all know). It was a well kept secret, and I feel like it was kept secret for a reason (I don't know that reason though).

BBM

"Close to the vest" as some here like to call it?

 

[magnolia]

SM and Heather ended up at PTL (or at least their 2 vehicles + Heather's phone did), but that may not have been the first place or a suggested meeting place in the first call.

The evidence presented shows PTL was the last place Heather's phone connected to a tower (or connected ever again), so PTL is an end point of sorts. Near PTL is also where independent security video evidence shows a black truck matching the characteristics of SM's F150 is spotted going towards and then coming back from the PTL direction; that plus GPS data places both SM's truck and Heather's vehicle + her phone in the same area at the same time. That holds significance because both being at or near PTL is not merely a coincidence.

SM inveigling Heather by telling her he left his wife and wants to be with her doesn't require PTL or meeting at PTL; PTL just happens to be where there is evidence both of them ended up around the same time of the early morning. PTL can't be ignored unless a bunch of evidence is to be ignored.

And speaking of something that can't be ignored: did SM leave his wife that night, or the next, or the next? He was home with the wife & kids on Dec 20/21 when LE showed up at his house. Was his claim about having left the wife merely a ruse to tempt Heather?

There are a few explanations for the BBM. SM fed Heather a line or Heather was not truthful. I have really tried to give HE the benefit of the doubt on this. When I try to make excuses for the extreme reaction to her version of the conversation, the excuses don't make any sense. She was still so emotionally connected to SM that she made 15 phone calls in an attempt to get in touch with him. She wanted to be with him, yet, she became upset to the point of being hysterical because he was leaving his wife and wanted to be with her. I think it's typical normal human behavior to be happy the guy you want to be with wants to be with you. I also find it interesting that Heather made the decision to call a friend who very strongly disapproved of HE even accepting a phone call from SM. This is why HE was not upfront with Bri. Nope, I just can't buy the hearsay testimony in regards to HE's version of the conversation. As you say, this can't be ignored because the conversation is relevant to the state's luring theory. IMO

 

[nerdgirl]

There are a few explanations for the BBM. SM fed Heather a line or Heather was not truthful. I have really tried to give HE the benefit of the doubt on this. When I try to make excuses for the extreme reaction to her version of the conversation, the excuses don't make any sense. She was still so emotionally connected to SM that she made 15 phone calls in an attempt to get in touch with him. She wanted to be with him, yet, she became upset to the point of being hysterical because he was leaving his wife and wanted to be with her. I think it's typical normal human behavior to be happy the guy you want to be with wants to be with you. I also find it interesting that Heather made the decision to call a friend who very strongly disapproved of HE even accepting a phone call from SM. This is why HE was not upfront with Bri. Nope, I just can't buy the hearsay testimony in regards to HE's version of the conversation. As you say, this can't be ignored because the conversation is relevant to the state's luring theory. IMO

This is just my opinion. I can totally relate to HE being upset and crying b/c she is torn between her heart and her head.
Yes, she probably still has feelings for SM. However, he had broken things off with her weeks before, and had not contacted her since.
Emotionally, she was probably still recovering from this - she was doing better because of distance from the situation.
if it were me, I would be hurt and still angry from being treated that way. If the person that had treated me that way called and said "I want to be with you and see you, I've left my wife", I would have all kinds of conflicting feelings.
The history of her relationship with him, being that he was married, had 3 kids with his wife, his wife found out about the relationship and was sending threatening texts, and whatever else was sent, was volatile.
If it were me, even though I really did want to be with him (heart), I can guarantee you that I would know that being with him was not in my best interest (head). That would upset me. Even if he had said he was leaving his wife, I would wonder if he would follow through considering past history of their relationship. Maybe SM had told HE that he was leaving TM, or wanted to leave TM at some other point in their relationship, i dunno.
So, for me, that is why I can totally believe HE's version of the conversation. I can relate to that feeling of being torn, and have felt it before. Again, this is just my opinion.

 

[barcode]

This is why HE was not upfront with Bri. Nope, I just can't buy the hearsay testimony in regards to HE's version of the conversation. As you say, this can't be ignored because the conversation is relevant to the state's luring theory. IMO

The Malcolm X Effect
By Any Means Necessary some posters feel the need to find SM guilty of the kidnapping charge that the state put forward.

I do not know if HE demise was planned while at Disney, en route to Disney, prior to phone call or not even planned at all. Nor does anyone else. SM knows for sure one way or the other but he is not telling.

I do not feel this was a plan at all. The initial phone call at 1:35, probably like many other calls during their relationship, which I am not convinced it was called off, yes they were not in contact while SM was on vacation but that is to be expected. It would seem to me if SM had planned this murder, there was a whole lot riding on that 1:35 phone call, maybe she doesn't answer, maybe she says call me tomorrow.

We all know HE was pretty hot blooded to say the least from her Twitter/tweets. As a guy myself it is pretty obvious why SM would call HE at that time. I do not think I need to elaborate. We are certain that they did in fact get together that night, did things go downhill from there? Was SM on drugs that evening? Does he do drugs or drink? There are many reasons why thing could have gotten out of hand after they met up and still it is possible that he did have intentions to LURE her out via phone call to murder her...doubt it.

But trying to find kidnapping by any means necessary seems reaching. Saying she was held against her will when there is no proof. Most all murders would include a kidnapping charge if this is the case, because in that split moment, no one wants to die and wishes they could be elsewhere but murder is murder and manslaughter is manslaughter.