Trial date set for Sidney and Tammy Moorer #1

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Madeleine74 said:
How does the road closure have anything to do with the upcoming state argument to deny bail? I'm not understanding this.
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SM's attorney claims the statements made by the state during the initial bond hearing contradict the evidence he obtained during the discovery process. If the investigators closed the road to do some type of reenactment, it was probably done to solidify their argument that it was, in fact, the M's seen on surveillance and how much time passed between point A & point B, etc... to justify or clarify the state's initial claims about what they believe happened that night & why and/or to justify why the M's should stay in jail.


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I unfortunately don't know how to forward a link. But the latest WMBF article states that they are also going to file to get gag order lifted. If anyone knows how to forward the link it would be greatly appreciated. Thankyou!
 
Don't know if this was posted but WMBF has updated their story and they're saying the 1/30 bond hearing is for SM AND TM.


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The evidence is what it is. IMO, gag orders are usually crap.
 
PeterThomasFan said:
Appears that way. But then the question is, how does that help the Defense?


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Wondering myself. Maybe the defense wants to play on the seeds of doubt, setting up TM to be a "hated woman that can't get a fair trial". Anyone else have other thoughts?
 
bestill said:
Confused!

This http://www.wmbfnews.com/story/27917153/bond-hearing-set-for-heather-elvis-murder-suspects indicates that SM's attorney is filing a motion based on the lack of evidence to convict his client. TM's attorney is filing a motion to remove the gag order...is that correct?
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Interesting that TM's attorney did not say the same of his client (State misrepresented facts at initial bond hearing, cannot be legally convicted).

I can see why her attorney would want the gag order lifted. He wants to denigrate the State's evidence in advance of the trial to sway public opinion of her. I bet she nags him all the time, it must be driving her nutz that her attorney can't be her mouthpiece. Her family too for that matter ...
 
BBM

Refresher:

UPDATED: Horry judge issues gag order in Heather Elvis investigation
Posted: Friday, March 21, 2014 3:02 pm | Updated: 10:06 am, Fri Jul 25, 2014.
By Michael Smith and Heather Gale

John signed the order Friday, March 21, which was recorded at the Horry County Clerk of Court’s office at 2:28 p.m.

Donna Elder, senior assistant solicitor, asked for the gag order, according to a March 12 filing.

[...]

“The State recognizes that this case has received and is expected to continue to receive local and possible national media interest,” the filing states. “The State submits that extrajudicial statements to the media, by either party could jeopardize the fair administration of justice in this case.”

Gag Order PDF

REGARDING: reconsideration of the gag order by TM's Attorney, Greg McCollum

  • Possibly a tactic by the Defense for a future appeal if trial is not favorable? ...Defendant was not given a fair trial.

Judges often call gag orders “protective orders,” and say they are necessary to protect a person’s right to a fair trial, the fair administration of justice or the sanctity of jury deliberations.

http://www.rcfp.org/first-amendment-handbook/introduction-what-do-if-court-issues-gag-order
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(pg. 312) Second, even if publicity is detrimental to a fair trial, there is the assumption that statements by lawyers and parties cause or exacerbate the harm.

(p.g 313) Indeed, if such gag orders have an effect, it likely is counterproductive to the goal of fair judicial proceedings. Gag orders on trial participants cause the media to rely on less accurate sources of information. Instead of having statements on the record from the most knowledgable individuals, the attorneys and parties in a case, the media must accept off-the-record statements or second and third-hand accounts. Furthermore, attorneys and parties might respond to inaccuracies in media stories or in statements by others an thereby increase the chances of a fair trial.

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2165&context=faculty_scholarship
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  • A way to keep the trial in Horry County.
  • Less chance of public discussion leading up to jury selection.

Gag orders are usually used when a judge is concerned that a case is so sensational that it will be difficult for the defendant to get a fair trial otherwise. Public discussion and opinion can sway the outcome of a legal case if a trial garners a great deal of attention, and this conflicts with judicial values which state that evidence should be considered impartially.

http://www.wisegeek.com/what-is-a-gag-order.htm
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This is all quickly becoming a three ring circus and the poor Elvis family are the ones who will suffer the most.


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This link states the road was closed for a search but it was just said in the article. Sounds like reporter is just guessing as to why the road was closed.

http://www.wbtw.com/story/27919202/tammy-moorer

"Elvis has still not been found, although detectives closed a road near the Moorer's house just last week for a search."


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AddysMom7610 said:
This link states the road was closed for a search but it was just said in the article. Sounds like reporter is just guessing as to why the road was closed.

http://www.wbtw.com/story/27919202/tammy-moorer

"Elvis has still not been found, although detectives closed a road near the Moorer's house just last week for a search."


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15th Circuit Solicitor Jimmy Richardson said Tuesday that portions of SC Highway 814, the same road where Tammy and Sidney Moorer lived in a home together, were shut down for investigators.

Richardson said late Tuesday afternoon that the “closing did pertain to an ongoing investigation,” but did not say if the investigation is related to the disappearance of Heather Elvis, who vanished about a week before Christmas in 2013.
http://www.wspa.com/story/27897314/road-closed-near-home-of-couple-charged-in-heather-elvis-death
 
LBDunes said:
Not sure if this article has been posted. TM's attorney says she is looking forward to the trial and yes he want the gag order rescinded.

http://www.wbtw.com/story/27919202/tammy-moorer

He spoke quite a bit to this station, WBTW.
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Tammy is deranged, of course she is looking forward to the trial.
She thinks she can do what she did on Facebook and a jury will believe her.
Remember at the last hearing when she kept trying to speak, and the Judge told her to be quiet?
In her head, it all makes perfect sense ...

During next Friday's bond hearing appearance, McCollum also wants to have a judge remove the gag order that severely limits information about the case from being discussed by officials to the public.

McCollum told WBTW he would file paperwork in the coming days about the lifting of the order.

“I can't say a whole lot about it because it exists. And that's the irony of it. I can't talk about really the reasons we'd like it to be lifted because the gag order is in place to keep us from talking about the evidence. That creates some issues for us and we would prefer to be able to speak more freely about the case.”
http://www.wbtw.com/story/27919202/tammy-moorer
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Just as we thought ...
 
bestill said:
Confused!

This http://www.wmbfnews.com/story/27917153/bond-hearing-set-for-heather-elvis-murder-suspects indicates that SM's attorney is filing a motion based on the lack of evidence to convict his client. TM's attorney is filing a motion to remove the gag order...is that correct?
Click to expand...

PeterThomasFan said:
Appears that way. But then the question is, how does that help the Defense?


Sent from my iPhone using Tapatalk. Sorry for any typos!
Click to expand...

Ah-HA! Rule 26(c) says that protective orders (gag orders) say that BBM:

(c) Protective Orders. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the court in the circuit where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden by expense, including one or more of the following: (1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place; (3) that the discovery may be had only by a method of discovery other than selected by the party seeking discovery; (4) that certain matters not be inquired into or that the scope of the discovery be limited to certain matters; (5) that discovery be conducted with no one present except persons designated by the court; (6) that a deposition after being sealed be opened only by order of the court; (7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; (8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.

If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

http://www.judicial.state.sc.us/courtReg/displayRule.cfm?ruleID=26.0&subRuleID=&ruleType=CIV

IMO, They want the gag order lifted because there is something they haven't been allowed to see BECAUSE of the gag order.
 
Best headline to date...

Tammy Moorer 'looking forward' to murder trial, her attorney says


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Knox said:
Interesting that TM's attorney did not say the same of his client (State misrepresented facts at initial bond hearing, cannot be legally convicted).

I can see why her attorney would want the gag order lifted. He wants to denigrate the State's evidence in advance of the trial to sway public opinion of her. I bet she nags him all the time, it must be driving her nutz that her attorney can't be her mouthpiece. Her family too for that matter ...
Click to expand...

BBM - I agree totally, that is the reason the atty wants to lift the gag order. I hope it backfires on them. No matter how they try to denigrate a victim, such as in this case, they do not deserve to die. I have seen where there are people in favor of the gag being lifted, but I really feel in this case in particular the gag order benefits the 2 incarcerated in getting a fair trial. I guess TM's atty wants to throw up some more smoke screens, as if there aren't enough floating around social media.
 
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