SC - Heather Elvis, 20, Myrtle Beach, 18 Dec 2013 - #16

[hockeymom4]

Is a PR considered evidence?
I'm thinking on it's own it cannot stand alone as evidence. For example if this case were to go to trial and BW's statements needed to be submitted into evidence the PR alone could not do that, BW would be needed to testify.
So considering this is there any circumstance where a PR is considered evidence?
I view a PR as a record, a recording of information, not evidence and I could be wrong.

Yes. The police report contains evidence. By definition, evidence is
: something which shows that something else exists or is true

: a visible sign of something

: material that is presented to a court of law to help find the truth about something

The police report had detailed information about an ex. It had information about SM. It have information about receipts and other information that the police felt important enough to black out to the public. The police report will be shown in court as well. He also mentions that people know what is in the report. If the police apwanted this all to be seen, it would have all been released.

 

[hockeymom4]

After catching up it appears that you were being asked because you made the comment below and clarity was needed.

"Thanks. It was leaked, but it was not said that it was done by LE.

Thanks. I know things can be worse and it will get better. I feel like when it rains, it pours."

In response to Topcat. But thanks

 

[SharetheLight]

Yes. The police report contains evidence. By definition, evidence is

: something which shows that something else exists or is true



: a visible sign of something



: material that is presented to a court of law to help find the truth about something



The police report had detailed information about an ex. It had information about SM. It have information about receipts and other information that the police felt important enough to black out to the public. The police report will be shown in court as well. He also mentions that people know what is in the report. If the police apwanted this all to be seen, it would have all been released.

I am not talking about this cases's PR's release. Or whether or not it was meant to be released.
And Yes it contains detailed info that's not what I am asking.
I've asked is a PR considered evidence. Any police report.
Thanks for your input.

 

[evelyn24]

Hey Everybody - please calm down. Disparaging the OMM is not allowed. If you don't believe the reports, that's fine. Say so and move on, but don't make jokes or bash the people involved.

Also - is there a link stating that OMM is a contractor? I haven't seen that published anywhere.

Salem

Salem, I'm not commenting on this case because I really don't wanna be banned after 10 years here on WS. Yea the latest reports from OMM have me like that. Instead I'll just drop this here to visually express my opinion on the lastest reports of gun fire to sum it all up for me:

Now, I'm gonna go back to lurking this thread for a bit.

 

[Jade127402]

My deep gut feeling is that he may not be the actual perpetrator of this crime( if there was a crime involving HE)but his past behavior may have pushed SOMEONE" over the edge who may have committed a crime against her- he may or may not have some involvement in the aftermath . IYKWIM - been my feeling since early on !!!

Did it ever occur to anyone that cell phones have records and that maybe this guy's wife found out about them and maybe she involved?

 

[cdogsmom22]

:banghead: everyday I hope to log on and see Heather has been found...it breaks my heart that the days seem to just drag on....lease: let this madness come to an end soon

 

[hockeymom4]

I am not talking about this cases's PR's release. Or whether or not it was meant to be released.
And Yes it contains detailed info that's not what I am asking.
I've asked is a PR considered evidence. Any police report.
Thanks for your input.

I thought I typed yes. I was giving examples as to why. Sorry, it has been a really rough day. I will stop responding to you.

 

[Victory]

Salem, I'm not commenting on this case because I really don't wanna be banned after 10 years here on WS. Yea the latest reports from OMM have me like that. Instead I'll just drop this here to visually express my opinion on the lastest reports of gun fire to sum it all up for me:


Now, I'm gonna go back to lurking this thread for a bit.

This is actually a good post. It helped me to laugh, relax and step out of the zone. KWIM? Maybe even go to bed where I should be already. TY :tyou:

 

[SharetheLight]

Okay I've answered my own question as to whether or not a police report is considered evidence. Police reports are considered hearsay in a trial.
You aren't typically able to introduce a police report in court to try to "prove" that someone did something to cause injury, or "prove" that an event occurred. Of course there are exceptions. So the police report is more of a recording of information and not evidence that something occurred.
Evidence is used to prove something and generally a police report cannot be used to prove something.

 

[Treelights]

Salem, I'm not commenting on this case because I really don't wanna be banned after 10 years here on WS. Yea the latest reports from OMM have me like that. Instead I'll just drop this here to visually express my opinion on the lastest reports of gun fire to sum it all up for me:

Now, I'm gonna go back to lurking this thread for a bit.

Yeah, I like your post, too because although you were mentioning the latest reports of gun fire, when I saw NeNe, I immediately thought about all the posts of "Leaked" police reports, and the Double Entendre Nene Leakes....
Great play on words!
Your post made me smile as well!

IMOO.

 

[Arione]

I am not talking about this cases's PR's release. Or whether or not it was meant to be released.
And Yes it contains detailed info that's not what I am asking.
I've asked is a PR considered evidence. Any police report.
Thanks for your input.

If I understand correctly, all of the articles I found on google indicate that PR are not evidence.
Here is one link that explains why: http://www.justanswer.com/criminal-law/1dhjg-police-reports-witness-statements-used-evidence.html
IMO

 

[cluciano63]

I am pretty sure any accusations/insinuations against [modsnip] are hearsay...apparently there are no reports made by Heather about abuse or violence. JMO

 

[eileenhawkeye]

Most people didn't know about SM until the report. So I think whoever leaked the report did it so people would suspect SM. But from what LE is saying, it sounds like they didn't want the report made public. Well, some reasons would be so SM wouldn't know he was on their radar, and so people don't interfere with the investigation. Too late now. I hope whoever leaked the report is happy, and realize that they may have hindered the case.

 

[Dr. Know?]

I am not talking about this cases's PR's release. Or whether or not it was meant to be released.
And Yes it contains detailed info that's not what I am asking.
I've asked is a PR considered evidence. Any police report.
Thanks for your input.

Yes, a police report with interviews of witnesses is step one to prove to a jury or judge, imo. You have to start at square one to explain. It's very important to explain when trying to sentence someone. I think what I read was damaging. Unless LE says it's not (hasn't happened yet), anyone else trying to explain it away doesn't work for me. Smoke & mirrors...It's like a dumb person trying to act like they have money and hired a lawyer... :seeya:

jmo

 

[hockeymom4]

Yes, a police report with interviews of witnesses is step one to prove to a jury or judge, imo. You have to start at square one to explain. It's very important to explain when trying to sentence someone. I think what I read was damaging. Unless LE says it's not (hasn't happened yet), anyone else trying to explain it away doesn't work for me. Smoke & mirrors...It's like a dumb person trying to act like they have money and hired a lawyer... :seeya:

jmo

I have been involved in more than one trial and in those, they have included more than one police report. All of them were allowed into the court room. The hearsay rule did not apply. I don't know a single time where a police record has been excluded, since it is the initial complaint. The hearsay rule typically doesn't apply in this case because the police officer in his job when he is conducting the reports and interviews. Additionally, it is used as a record of events. It can also be used to help refresh the memories.

 

[Woe.be.gone]

I haven't chimed in for awhile because of not having anything new to add to the conversation.
Regarding the initial police report that was exposed in an unauthorized manner to the public, my opinion is that it doesn't hold courtroom weight because we don't know what evidence LE has gathered that either supports or refutes the initial information LE received (basically from a single source) to begin with.

For instance, did they check out entity number (whatever) and prove he has nothing to do with the case? The initial info was fed to LE by TE via roommate. While roommate searched her memory for situations in HE's life that were apparently discussed between HE and her group of friends, BW came up with the obvious scenarios she passed along to TE. Two incidents/situations were brought up in particular (according to PR).
It's possible other scenarios were added at a later date. One I can think of involves the car club organization people who happened to be having an event the upcoming weekend. Did someone roll into town and contact HE?

What if the roommate came up with more scenarios later? Not to mention that she or anyone could deflect the info they shared if they had a personal reason to do so. LE would have to investigate to make sure that wasn't a possibility.

Hypothetically if something happened to HE that doesn't involve her lovers, past or present, but the roommate was suspicious regarding a story number three (not mentioned or brought to TE's attention early on) because the story involved drugs or other "friends", then story number three may not have been included in the initial police report.

We don't know if HE's phone communications and pm's were solely directed to and between her and communications involving OM. We don't know if HE was the one who wasn't letting up on the communications or if OM had been pursuing HE relentessly throughout the early morning hours. If HE went to PTL for a reason other than meeting up with OM, she still could have been communicating with OM while doing so. Therefore any other pm's, independent of OM, may contain important evidence pointing elsewhere (if they exist).

For these reasons, I believe that it is premature to conclude the identity of the perp. In other cases, husbands or significant others were assumed to be the guilty party (ones who had sketchy reputations or not) and it turned out they weren't to blame.

If I was forced to state odds, I'd say OM isn't looking too good but we can't see all the evidence LE has uncovered or if the evidence they have has to be forced to fit the case (ignoring other conflicting possible evidence) or if it leads them to a definite conclusion where the only evidence lacking is HE's location.

 

[cujenn81]

... WHERE IS HEATHER?

As I go to sleep tonight (like right NOW... like I'm about to pass out typing this... mid-sentence), I'm sending all my love up & shaking all the bad juju off... and praying we all have some real answers soon.

I also hope there aren't any additional gun shows taking place nearby tonight. I was out on my balcony earlier and saw a white truck drive by... I briefly questioned if I might be in danger. I mean, ya never know... It's unusual for crimes that are violent in nature to take place in my neighborhood, so when one is reported--like the one that occurred early this morning--it can cause some uneasiness amongst concerned citizens like myself.


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[Woe.be.gone]

I have been involved in more than one trial and in those, they have included more than one police report. All of them were allowed into the court room. The hearsay rule did not apply. I don't know a single time where a police record has been excluded, since it is the initial complaint. The hearsay rule typically doesn't apply in this case because the police officer in his job when he is conducting the reports and interviews. Additionally, it is used as a record of events. It can also be used to help refresh the memories.

For conversation not argument (I'm afraid to state differing opinions), the initial report in this case isn't proven evidence. Imo logically it isn't because it had not been investigated yet upon its release. We know this because of the errant hospital information that appeared within the report.
When LE proceeded to check out the possibilities stated therein, they wrote on a separate page (someone in LE explained this earlier) their findings. Those are the reports we want to see as they either build upon or cancel out opinions/possibilities given initially. The initial info still has to be substantiated through phone records or by speaking to other witnesses or other methods.

Imo because one person gives two or three possible scenarios as to what may have contributed to HE's disappearance, doesn't prove those scenarios are the only possible explanations or contain the truth about what happened to HE.
The ideas or knowledge of the situations may contain the answer but they have to be proven first before the truth can be determined.

 

[cluciano63]

I feel like LE did not want the report released because the suspect is named quite clearly on it. Most people probably wouldn't have heard his name for a while, if not for that report. JMO

I hope it is okay to refer to the report in that LE talked about not wanting it released.

 

[ChristYTN]

I can go file a police report on anything right now.
A green man stole my purse and it had 1,000,000 in it.

The subsequent findings would be more important imo.


Idk....this case has turned into a circus with way way too many side shows.
I feel horrible for Heathers family and am very concerned about how this is all being played out by particular parties. Parties that are heavily involved IMO.


Tensions are high all over even spilling onto here. Don't be afraid to post opposing thoughtful discussions.
The pettiness can stay on the unnamed social media pageS....we are smarter than that here.

Bad days? Let's get some sleep and we can continue what we are here on WS for, finding and helping the VICTIM.
Where are you Heather?? Point the way.

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