SC - Heather Elvis, 20, Myrtle Beach, 18 Dec 2013 - #9

[Flo girl]

Are VI's allowed to share anything that might help steer us in a direction? Maybe we will hear from them

 

[rizzo0904]

Thanks ghostwheel. What if the slander began because of a city document? Could the city be sued then? I'mjust curious and hope its okay to ask.

 

[Woe.be.gone]

Salem, im curious, if you we're to open a thread in the parking lot, would it be an area to discuss FB? I saw that asked, and as one who frequents the mcstay threads I was curious as to what the rules are down there.

ETA, how the rules differ compared to here...


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Oh, regarding my post above, I'd like to change my opinion to two other cases, not just one. You reminded me of another case from the past that's still ongoing.

 

[SharetheLight]

It is my belief that individuals could be sued for slander(spoken) or libel (written). Not the entire town, though. And it would have to be proven that whatever was written or spoken was untrue, caused a major negative impact on a life and was done with malice. Which is why the terms IMO, JMHO etc are so important. You can say anything you want if it is your opinion. 1st amendment and all that.

For example if you say "Person X is certifiably insane." Person X would have to prove that they are not certifiably insane to sue you for slander. But if you say " I think Person X is certifiably insane." that isn't slander, it is your opinion.

Would person X have to prove they are not certifiably insane or would the burden be on the one who spoke it to prove that the person they said was insane IS certifiably insane?

Where is the burden? Or who has the burden in a libel suit?

 

[escape2sc]

Has anyone been able to find the REDACTED police report in the local MSM ? OR seen the REDACTED police report mentioned in a MSM , besides myhorrynews.com ?

 

[SharetheLight]

Are VI's allowed to share anything that might help steer us in a direction? Maybe we will hear from them

I'd LOVE to hear from a VI. In past cases when things have gone wonky the VIs in the case have been very valuable to keeping things in line here on WS. They have a courtside seat and can help dispel rumors. Keep us all on track.

 

[JnRyan]

I hate to say it, but I think this is a recovery effort. If she were in a swampy area, what type of evidence would be left between the gators and hogs? I'm assuming there is a wild hog population there.

I hope there is some solid evidence that won't require the body.

Sorry so grim.

Gators won't be an issue. Too cold, so they won't even be active. Even in Florida in places, gators are not active now. So if we are talking about a recovery from water evidence is better preserved in cold weather.

And, yes, we are sounding very grim. I hope that isn't the case either.

 

[Topcat]

Thanks ghostwheel. What if the slander began because of a city document? Could the city be sued then? I'mjust curious and hope its okay to ask.

Slander

A false statement, usually made orally, which defames another person. Unlike libel, damages from slander are not presumed and must be proven by the party suing.

 

[waltzingmatilda]

http://www.xojane.com/it-happened-to-me/heather-elvis-disappearance-terry-elvis

Can any of our locals identify the mall parking lot that HE is learning to drive a stick shift in the picture at above link? Just curious.

Also, is that a cell phone she is holding between her legs? TIA.

wm

 

[JnRyan]

- If there's no timeline for the case, create one and post it, or begin one that others could add to. Find the most recent timeline, update it, and post it. If an existing timeline doesn't need updating, check to see if it's been posted within the last three pages of the most recent thread, and if not, go ahead and post it again for people new to the case to read.

Someone started a timeline in the last thread. Threads #1 and #2 have some good maps that we can go back to for reference.

But for right now, I'm going to clean up after a training ride on the bike and head over to my son's place to watch the game!

 

[eileenhawkeye]

Thanks ghostwheel. What if the slander began because of a city document? Could the city be sued then? I'mjust curious and hope its okay to ask.

I think that...If the document is factual, then the police are not responsible for any conclusions people make from it. But, for example, let's say a document is released saying that so-and-so's DNA was found at incriminating location, but this turns out to be completely false....Then they might have more of a case. But I think they also have to show how it impacted their life, such as getting fired and not being able to get hired again.

 

[Ghostwheel]

Thanks ghostwheel. What if the slander began because of a city document? Could the city be sued then? I'mjust curious and hope its okay to ask.

I'm not an attorney, I just worked for one many years ago (I have worked at so many jobs, it isn't funny....). If the city document is factual, the city has no liability.

It'd be like a reporter publishing accurate news ("A police ambulance was called to Address *advertiser censored* today.) and somebody claiming that a person at that address died and posting to SM that this person has died to everyone who will listen. And that poster was wrong. This gossip person then caused terrible grief for family members from another state until they could confirm no one had died. Can the family members sue the paper? Nope. The news was factual.

 

[rizzo0904]

It looks like a pink sparkly phone.

 

[Topcat]

Has anyone been able to find the REDACTED police report in the local MSM ? OR seen the REDACTED police report mentioned in a MSM , besides myhorrynews.com ?

Oddly no....as if it wasn't newsworthy...I couldn't find a follow up even mentioning the redacted info in any of the local papers

LOCALS, anything on the tv or radio about those exposed through the police report? any mention of the release of the document?
Anything beyond the news of the searches?

 

[ATasteOfHoney]

It is my belief that individuals could be sued for slander(spoken) or libel (written). Not the entire town, though. And it would have to be proven that whatever was written or spoken was untrue, caused a major negative impact on a life and was done with malice. Which is why the terms IMO, JMHO etc are so important. You can say almost anything you want if it is your opinion. 1st amendment and all that.

For example if you say "Person X is certifiably insane." Person X would have to prove that they are not certifiably insane to sue you for slander. But if you say " I think Person X is certifiably insane." that isn't slander, it is your opinion.

Right, and just like in the JonBen*t Rams*y case, if the parents were to sue for slander or libel, they themselves would be open for an active investigation/questioning from LE and the defense attorneys.

So it works both ways.......

moo

 

[rizzo0904]

Thanks everyone!

 

[carbuff]

There's also a general doctrine that public officials discharging their duty conscientiously can't be sued for what they do/say in the course of their duties. So ordinarily an erroneous police report, for instance, wouldn't be considered libelous. There might be specific cases where libel enters into it, but the standard of proof is a lot higher.

 

[floridamomma]

Oh, regarding my post above, I'd like to change my opinion to two other cases, not just one. You reminded me of another case from the past that's still ongoing.

I keep thinking if additional cases, too

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[bestill]

The mall where the driving lesson occurred is Inlet Square Mall in Murrells Inlet SC, south of Myrtle Beach and Socastee, can't recall who asked.

 

[flipflop]

Generic question. Say the community comes up with its own poi. This poi ends up being innocent. Can this person sue the town for slander or fear/stress that was caused?

It would be difficult to pinpoint the whole town for slander, but this POI could pinpoint individuals and sue, especially online, it is written proof!!! Watch what you type and send out to the world wide web....as soon as it is gone, you can't take it back!!!!