SC - Heather Elvis, 20, Myrtle Beach, 18 Dec 2013 - #15

[passionflower]

Must be based on pings? Not sure how they can know what was said. If Heather told BW, and BW told LE, would it be hearsay?

My guess is pings or text????

 

[hockeymom4]

No, that is direct evidence because BM can testify that she directly heard HE say it. BM could not testify that someone told her HE said it, that would be hearsay.
This is my understanding of the hearsay rule. Maybe another WS'er can clear it up for us if I'm wrong.

I got the impression from TE that the "phone calls" that were "damaging" were between HE and SM. That is what I believe Clu also thinks, but I could be wrong. If that is the case, I am confused how he knows these calls could be damaging unless he means the pings. Even if she told BW, that is hearsay.

 

[nosysw]

JMO

Not that I believe this but maybe SM did intend to leave his wife and the OMW found out. Maybe SM told his wife about his plans to leave or was funneling $ to Heather. Maybe SM and HE went to tell OMW together to confront her. Had HE ever been to the Moorer home?

How was HE going to reconcile the affair with herself? HE was making lots of changes in her life at this time. Are these things that SM and HE had discussed as stepping stones to them "being together"? Its possible that HE did think that SM would choose her over OMW. At 20 she was the more attractive, vivacious, and youthful of the two women. SM wants to remain young and HE feeds his ego and needs. OR Was SM encouraging her to take these steps to further her from him so he could continue to get away with seeing her on the side? I can see him manipulating her for his needs only and she would have probably jumped through hoops for him.

If I understand correctly HE had been living with X-BF who was reported in the PR as possibly violent, and "I will find you". I can imagine the xbf would be very angry if he found out about the affair. Did x-bf kick her out or was it her choice to leave?

I have a hard time relating to HE because she is all over the place. I was probably a lot like her in my youth but I still do not understand my own youthful spirit or why I gravitated aimlessly in self destructive behaviors.

This case is confusing for me. Everything we know or can talk about (which isn't much, imo) does seem to point in one direction but something is missing for me, I can not pinpoint it. I hope finding Heather will happen soon. She may hold so many answers. I do not think SM is very smart and I do not think that SM can get away with disappearing Heather.

I don't like to speculate with so few facts (for one because I'm always wrong) but I stick around following because I want Heather found so she can be properly laid to rest and her family can have closure. It hurts me to think of Heather being out there alone in the elements in a place where her soul can not rest, find your way home Heather!

JMO

Great thoughts!

I completely agree with him manipulating her for his needs and her jumping through hoops. We've pretty much all been there at some point or another. I do believe he told her he was leaving TM just not sure he was really planning to do it. If he was, I don't think he would have stuck with it. I view him as very, very weak. IMO.

I don't know about the ex-BF. I think we've speculated she lived with him, but I don't know of any verification, so I'm staying away from that one. Something about that situation doesn't "fit" for me, but I'm wrong a LOT in these cases. I have a much better "gut instinct" track record in RL than on line. It's really hard to get a feeling for things when you're getting information second and third hand and MSM really can't be relied on 100%.

I also feel like HE was probably much smarter than SM, but when young and in love, does that really matter? It's all about emotions and sexual attraction. So, I don't think she would be thinking with her head when he contacted her.

Agree with you soooo much about Heather needing to come home and have her soul at rest. I wish I believed she were still alive, I still pray for it...but don't feel it. I'd be glad to be wrong about this one. Can you imagine the homecoming? :loveyou:

 

[nosysw]

I am thinking maybe he DID leave his wife...at least for the night, and was out on his own and decided to track down Heather. That would make more sense than all of that phone activity from home, with wife there. Maybe he was hoping ti spend the night at her place, but she said no, only agreeing to meet elsewhere.

This actually makes a LOT of sense. That would really get someone jealous going, if that were the case. Who knows what would have happened if someone intercepted contacts about that?

 

[Rochestergirl]

Must be based on pings? Not sure how they can know what was said. If Heather told BW, and BW told LE, would it be hearsay?

I thought TE or LE said these private messages were very damaging. Any PMS from FB, Twitter, Texts would be written messages they could recover. I assummed it was these written messages that are very damaging. IMO one of these could have asked to meet at PTL.

 

[eileenhawkeye]

For the first time, he wants to share what he calls a fact sheet, showing why police need only look in one place.

Truth is, much of that information comes from the unauthorized release of facts from a police report.

Maybe people will interpret the above quote differently, but it seemed to be saying that TE made it sound like he has all this damaging evidence against SM and TM that hasn't been released to the public, and he showed it to the reporter, who realized it was nothing. The reporter is just trying to be polite about it by using "much" instead of "all". But it doesn't sound to me like Terry's fact sheet contains anything we don't already know.

http://www.wmbfnews.com/story/24695...missing-heather-elvis-investigation-speak-out

 

[Aint Bee]

Maybe people will interpret the above quote differently, but it seemed to be saying that TE made it sound like he has all this damaging evidence against SM and TM that hasn't been released to the public, and he showed it to the reporter, who realized it was nothing. The reporter is just trying to be polite about it by using "much" instead of "all". But it doesn't sound to me like Terry's fact sheet contains anything we don't already know.

http://www.wmbfnews.com/story/24695...missing-heather-elvis-investigation-speak-out

It also sounds like the reporter is a bit out of sorts because an unauthorized police report was released by a competitor.

 

[eileenhawkeye]

I think the public is supposed to think that there is a significant amount of evidence against certain people that hasn't been released. Maybe there is, maybe there isn't. I don't think anyone but LE knows for sure.

I think a few months from now, maybe a year, there will be a lot more people who will have other theories about the case than the most common one right now. People will start to think that maybe there isn't much evidence against some people except motive. Kind of like what happened in Kyron's case; There seems to be way more people who think Terri might not be guilty than there was in the beginning.

 

[Just K]

http://m.myhorrynews.com/eedition_c...age_c2b78f06-0980-5338-bcc9-a408e4f6eb99.html
Not sure why the DEA was being discussed re: The 15 person task force. In the above link, the Agencies include, Horry County SO, MBPD, SLED, FBI, US Marshals and the local solicitor's office. No mention has been made of any DEA involvement in the Elvis case.

 

[Topcat]

I believe he said it to lure her out... I do not believe he meant it at all.


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motive for doing that would be? I mean unless you feel she was not letting go of their relationship , he was definitely not interested in her anymore as she was a factor in destroying his marriage and would not take "no more" for a answer then I agree with you...

mods , thanks for the V Day break , MS Topcat says she appreciated it:seeya:

 

[hockeymom4]

http://m.myhorrynews.com/eedition_c...age_c2b78f06-0980-5338-bcc9-a408e4f6eb99.html
Not sure why the DEA was being discussed re: The 15 person task force. In the above link, the Agencies include, Horry County SO, MBPD, SLED, FBI, US Marshals and the local solicitor's office. No mention has been made of any DEA involvement in the Elvis case.

The Drug Enforcement Unit was referenced in this article and another poster posted this article. So, maybe it is not DEA, but it appears a Drug Unit is involved.

http://www.wbtw.com/story/24415527/find-heather-elvis-efforts-continue-this-weekend

 

[cujenn81]

Guess, there are more pressing crimes other than missing/murdered persons cases in SC that need the limited investigative resources and swift justice..

Actions speak much louder than words.. Just glad it wasn't an overdue library book... Ironically, this lady went in to report a crime..

http://www.wistv.com/story/24727891...l&utm_source=facebook.com&utm_campaign=buffer

Deputies: Pickens woman charged 9 years after failing to return J.Lo movie
Posted: Feb 14, 2014 <video>

PICKENS, SC (FOX Carolina) -
A Pickens woman has been arrested and charged after deputies said she failed to return a Jennifer Lopez movie she rented in 2005.

Kayla Michelle Finley, 27, has been charged with failure to return a rented video cassette, according to the Pickens County Sheriff's Office.

According to warrants Finely rented Monster-In-Law from Dalton Video, which is no longer in business, in 2005 and the tape was not returned within 72 hours.
<sniped-read more>

Oh, good Lord. That's insane!


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[CuriousGuy]

I think the public is supposed to think that there is a significant amount of evidence against certain people that hasn't been released. Maybe there is, maybe there isn't. I don't think anyone but LE knows for sure.

I think a few months from now, maybe a year, there will be a lot more people who will have other theories about the case than the most common one right now. People will start to think that maybe there isn't much evidence against some people except motive. Kind of like what happened in Kyron's case; There seems to be way more people who think Terri might not be guilty than there was in the beginning.

IMO there is already significant circumstantial evidence pointing to a certain household. LE and the DA are hesitant to prosecute without physical evidence or an admission. All JMO

 

[Topcat]

No, that is direct evidence because BM can testify that she directly heard HE say it. BM could not testify that someone told her HE said it, that would be hearsay.
This is my understanding of the hearsay rule. Maybe another WS'er can clear it up for us if I'm wrong.

maybe this can clear it up ..


Hearsay
Definition

Broadly, an out-of-court statement offered to prove the truth of whatever it asserts. Hearsay evidence is often inadmissible at trial. However, many exclusions and exceptions exist. Evidence meeting the broad definition may not actually be hearsay under the court's evidence rules. Even hearsay may be admitted if exceptions are met.
Overview

Generally, an out-of-court statement is hearsay if the parties care about whether or not the statement is true. For the purposes of the rule, it does not matter whether the statement was oral or written. Generally speaking, hearsay cannot be used as evidence at trial.

For example, suppose that a witness stopped at the scene of a car crash. At the crash site, an injured driver stumbled up to her and said "Martians caused the accident!" Because of the hearsay rule, the statement cannot be used as evidence that Martians caused the accident. It could, however, be used as evidence that the injured driver was capable of speech after the crash. The rule would also bar the testimony if the injured driver scribbled his message on a scrap of paper and handed it to the witness.

In general, the hearsay rule is motivated by a belief that hearsay is unreliable. There are exceptions to the rule for for particularly reliable statements, and where allowing the evidence advances public policy goals. For example, under Rule 801(d) of the Federal Rules of Evidence, a witness's prior inconsistent statements are not hearsay, due to the public policy goal of avoiding perjury. Similarly, Rule 803(6) of the Federal Rules of Evidence makes an exception to the hearsay rule for business records, because businesses have incentives to keep accurate records.

There are about 30 exceptions and exclusions to the rule.

 

[cujenn81]

It's good to know that LE is still doing active searches.



I don't think LE will name a POI until they make an arrest. I believe they are keeping a lot of information close to their vest to ensure that they are able to apprehend and prosecute.



I have a question...sorry if it has been approached. LE has supeonas for some social media accts. Are those accts in addition to HE's acct ( the ones that have had contact with her on Soc. Media)? And if so...are the acct owners notified?



Just some thoughts that I am throwing out there.

I've wondered this myself and I did some research about search warrants and digital/internet files. From the info I've gathered, LE is NOT required to inform the owner of the records if they are issued a search warrant from a judge. So if LE has obtained a search warrant for the social media records/data of anyone other than HE, I'd venture to say the owner probably isn't aware the records are in LE's possession.

ETA: And I assume the individual who has proven to be the last known person to have communicated with HE (calls, PMs, texts, or otherwise) would be someone LE would have enough probable cause to obtain those warrants on... based just on the fact that they were the last one with whom she had contact. Point being: I'm fairly confident LE has already obtained any available SM records on that/those person(s).

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[Just K]

The Drug Enforcement Unit was referenced in this article and another poster posted this article. So, maybe it is not DEA, but it appears a Drug Unit is involved.

http://www.wbtw.com/story/24415527/find-heather-elvis-efforts-continue-this-weekend

The above link is from January 10th, IIRC. The February 13th article does not mention the DEA at all.

 

[Dee10]

Here is some info. on heresay is allowed under Rule 804:

The Federal Rules of Evidence outline the various types of statements that are excluded by the Hearsay Rule, and are thus admissible in court. These exceptions apply to circumstances believed to produce trustworthy assertions. Some hearsay exceptions are based on whether the declarant of the statement is available to testify. For example, a witness who has died is unavailable. A witness who claims some sort of testimonial privilege, such as the Attorney-Client Privilege, is also unavailable to testify, as is the witness who testifies to lack of memory regarding the subject matter, or is too physically or mentally ill to testify. These definitions fall under Rule 804 of the Federal Rules of Evidence.

http://legal-dictionary.thefreedict...+When+the+Declarant+Is+Unavailable+to+Testify

 

[hockeymom4]

The above link is from January 10th, IIRC. The February 13th article does not mention the DEA at all.

Ok...Since they were in the 1/10 article, they were involved and people were discussing their involvement.

 

[caffeinatd]

could they possibly have voicemail messages from that night?

 

[evelyn24]

I got the impression from TE that the "phone calls" that were "damaging" were between HE and SM. That is what I believe Clu also thinks, but I could be wrong. If that is the case, I am confused how he knows these calls could be damaging unless he means the pings. Even if she told BW, that is hearsay.

yea I guess the hearsay would be that fact BM did not hear SM say anything but only what Heather told her he said.
Thanks.