Trial date set for Sidney and Tammy Moorer? #2

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I am not familiar with how things work when a couple is being tried for murder together, not separately. What happens if the jury feels one is guilty and the other not - though I highly doubt this scenario. Does the prosecution have the burden to prove that both Moorers were present during commission of the murder? TIA

Can one be convicted and the other not?
 
EmmaRose said:
I am not familiar with how things work when a couple is being tried for murder together, not separately. What happens if the jury feels one is guilty and the other not - though I highly doubt this scenario. Does the prosecution have the burden to prove that both Moorers were present during commission of the murder? TIA

Can one be convicted and the other not?
Click to expand...

That is a good question. I have often wondered that myself. I guess unless one turns on the other one, they will both be given the same verdict. I have never seen a trial with 2 people at the same time, but, I imagine it does happen. There will be 2 attornies against one prosecuter and a biased judge. Not a good outcome for prosecution
 
JerseyGirl said:
regarding Heather Elvis:

Richardson said: The judge has been waiting on his office to get information to him and the defense.

http://www.myrtlebeachonline.com/news/local/crime/article53557940.html#storylink=cpy
Click to expand...

Trying to understand this (reason for delay) with the lack of specific info and vague language by the state, defense, court, and MSM.

1/2/15
A trial date has been set for the week of May 11 for Tammy and Sidney Moorer, who are charged in the death of Heather Elvis, according to court documents filed Dec. 31.

http://wpde.com/news/crime/trial-date-set-for-heather-elvis-murder-case?id=1143768#.VRLYuOFvnhU

3/24/15 - Order submitted (under actions) to court in Horry County Public Record under all charges except: Breach / Obtain signature or prop. under false pretenses, value $10,000 or more

3/25/15
The trial of Tammy and Sidney Moorer in connection with Heather Elvis' disappearance has been continued.

An order filed yesterday in Horry County Court says the case will not be heard in May, but other pretrial motions will still be held.

The continuance was agreed to by all parties, the order says.

No reason given.

http://wpde.com/news/crime/trial-for-heather-elvis-murder-postponed?id=1182320

12/18/15
A trial date was originally set in May of this year, but was delayed.

Richardson said that date wasn't realistic because they were still waiting on paperwork in the case.

But now he says his office is waiting on one last piece of key evidence before the prosecutors office or defense lawyers can move forward.

http://wpde.com/news/local/new-tria...r-couple-charged-with-murder-of-heather-elvis

1/7/16
He said the judge has been waiting on his office [Judge Dennis] to get information to him[Richardson] and the defense[M's]. Once everything is ready, some pre-trial motions will be read, Richardson said.

http://www.myrtlebeachonline.com/news/local/crime/article53557940.html

Sooooo... is/was the State waiting on paperwork for one last piece of key evidence to come back from the Court in order to proceed with a trial? :thinking:
 
PeterThomasFan said:
Trying to understand this (reason for delay) with the lack of specific info and vague language by the state, defense, court, and MSM.

1/2/15
A trial date has been set for the week of May 11 for Tammy and Sidney Moorer, who are charged in the death of Heather Elvis, according to court documents filed Dec. 31.

http://wpde.com/news/crime/trial-date-set-for-heather-elvis-murder-case?id=1143768#.VRLYuOFvnhU

3/24/15 - Order submitted (under actions) to court in Horry County Public Record under all charges except: Breach / Obtain signature or prop. under false pretenses, value $10,000 or more

3/25/15
The trial of Tammy and Sidney Moorer in connection with Heather Elvis' disappearance has been continued.

An order filed yesterday in Horry County Court says the case will not be heard in May, but other pretrial motions will still be held.

The continuance was agreed to by all parties, the order says.

No reason given.

http://wpde.com/news/crime/trial-for-heather-elvis-murder-postponed?id=1182320

12/18/15
A trial date was originally set in May of this year, but was delayed.

Richardson said that date wasn't realistic because they were still waiting on paperwork in the case.

But now he says his office is waiting on one last piece of key evidence before the prosecutors office or defense lawyers can move forward.

http://wpde.com/news/local/new-tria...r-couple-charged-with-murder-of-heather-elvis

1/7/16
He said the judge has been waiting on his office [Judge Dennis] to get information to him[Richardson] and the defense[M's]. Once everything is ready, some pre-trial motions will be read, Richardson said.

http://www.myrtlebeachonline.com/news/local/crime/article53557940.html

Sooooo... is/was the State waiting on paperwork for one last piece of key evidence to come back from the Court in order to proceed with a trial? :thinking:
Click to expand...

The way that reads to me is, the Court is waiting on the State to get info to the judge and the defense. But the wording is messy, as so often as been the case with the Solicitor.

He also said this: “It’s just good to get everyone on the same page every so often.”

In a murder trial, yeah, probably. :rolleyes:
 
EmmaRose said:
I am not familiar with how things work when a couple is being tried for murder together, not separately. What happens if the jury feels one is guilty and the other not - though I highly doubt this scenario. Does the prosecution have the burden to prove that both Moorers were present during commission of the murder? TIA

Can one be convicted and the other not?
Click to expand...

I was thinking the same thing just now.

IMO, I believe the state is looking at the M's as equal partners in the crime. Neither would be considered an accessory by legal definition and in their eyes. Both have the same set of charges pending against them and will be tried together in court.

I'm pretty sure that they each can have different outcomes during the sentencing phase though once the jury has heard the case. All IMOO.
 
Third time I've tried to post this, grrrr.

Isn’t it ironic that the first date that Heather has is the same night that SM sneaks and uses a pay phone to call her? I think he was watching Heather and got freaked when he found out she was on a date. I also think there’s going to be more correspondence between them than we know about. I believe that SM loved her and he was scared of the “Mrs” and so was Heather. Heck, I'm scared of the "Mrs" and I don't even know her!
I also think that if it were a planned event that they wouldn’t have left Heather’s car are PTL. Why in the world would you leave it so close to your home, knowing that her phone records were going to be searched? I think something happened and they panicked and then were too scared to go back to move her car.

I’ve thought about the DNA mix up in the cars too. At first the State indicated that it was Heather’s DNA in the M’s truck, but then it was determined it was actually found in Heather’s car. Since the state has brought murder charges against the M’s there must have some evidence that Heather is dead. Could whatever that dna is from be what lead them to conclude that she’s dead?

Another question I have is her car, where is it? Did the state keep it or does her family have it? I know that LE let Terry drive it home that first night, but did they ever take back and do a thorough search of it?
I still have so many questions! I hope the trial will answer them…sorry for long post.
 
It will be interesting when the motions start flying.
 
bestill said:
Third time I've tried to post this, grrrr.

Isn’t it ironic that the first date that Heather has is the same night that SM sneaks and uses a pay phone to call her? I think he was watching Heather and got freaked when he found out she was on a date. I also think there’s going to be more correspondence between them than we know about. I believe that SM loved her and he was scared of the “Mrs” and so was Heather. Heck, I'm scared of the "Mrs" and I don't even know her!
I also think that if it were a planned event that they wouldn’t have left Heather’s car are PTL. Why in the world would you leave it so close to your home, knowing that her phone records were going to be searched? I think something happened and they panicked and then were too scared to go back to move her car.

I’ve thought about the DNA mix up in the cars too. At first the State indicated that it was Heather’s DNA in the M’s truck, but then it was determined it was actually found in Heather’s car. Since the state has brought murder charges against the M’s there must have some evidence that Heather is dead. Could whatever that dna is from be what lead them to conclude that she’s dead?

Another question I have is her car, where is it? Did the state keep it or does her family have it? I know that LE let Terry drive it home that first night, but did they ever take back and do a thorough search of it?
I still have so many questions! I hope the trial will answer them…sorry for long post.
Click to expand...

I have always believed that Sidney was upset that Heather was on a date, and was watching for her to return home. He could`t stand the thought of losing her, and that is why he made the phone call to tell her that he was leaving Tammy to be with her. I don`t think Tammy came in the picture until Heather called Sids cell phone and then she went totally mad and Heather had to die. It is time for Sid to do what he has to and tell the truth. She is still probably threatening him and I honestly think that he is scared of her.
 
A few thoughts:

The car: I don't think there's ever been any official statement as to what happened to it, and I would imagine that's high on the list of defense arguments - that the car not being secured was a breakdown in the chain of custody of evidence.

DNA: Just a hunch, but I don't think the State has any, or, none that sheds light on what happened to Heather, or I think we'd have seen a different argument to the Court when the M's were asking for bond. I think the state's case is strictly circumstantial based on relationships and events and a missing person whose car was found at a place where it's believed all three parties were on the same morning. That's obviously suspect and indicting to any thinking person but in a trial it may not be enough at all. That's what's always disturbed me about this case - there's a difference between a compelling story and set of circumstances that point to guilt, and some physical (albeit also circumstantial) evidence of a crime. I guess we'll see.

New "key" evidence: Maybe it points more to one than the other, and we'll see a request by the defense of the less guilty to sever and have separate trials. But I would think, for example, if the State shows up with some evidence that screams TM's guilt, SM would start asking for a deal and sing like a canary. Perhaps that's what his attorney has been waiting for. As I recall, his lawyer said he felt SM would be exonerated. All defense attorneys say that, but in a case where another party is involved, is a loose cannon, there's one trial for both, and both stand to go down for what she did? So, maybe there's a surprise ending coming where it's no longer beneficial for SM to stand with TM in a declaration of innocence, if hers is likely to be doubted, and the "new" evidence (which may amount to nothing) is particularly damning. Or, if the evidence is a statement by SM finally about what really happened.

Should be interesting.
 
bestill said:
Third time I've tried to post this, grrrr.

Isn’t it ironic that the first date that Heather has is the same night that SM sneaks and uses a pay phone to call her? I think he was watching Heather and got freaked when he found out she was on a date. I also think there’s going to be more correspondence between them than we know about. I believe that SM loved her and he was scared of the “Mrs” and so was Heather. Heck, I'm scared of the "Mrs" and I don't even know her!
I also think that if it were a planned event that they wouldn’t have left Heather’s car are PTL. Why in the world would you leave it so close to your home, knowing that her phone records were going to be searched? I think something happened and they panicked and then were too scared to go back to move her car.

I’ve thought about the DNA mix up in the cars too. At first the State indicated that it was Heather’s DNA in the M’s truck, but then it was determined it was actually found in Heather’s car. Since the state has brought murder charges against the M’s there must have some evidence that Heather is dead. Could whatever that dna is from be what lead them to conclude that she’s dead?

Another question I have is her car, where is it? Did the state keep it or does her family have it? I know that LE let Terry drive it home that first night, but did they ever take back and do a thorough search of it?
I still have so many questions! I hope the trial will answer them…sorry for long post.
Click to expand...

The timing of the date is very coincidental in that she was not dating regularly and this was the first "real" date she went on after the whole SM relationship IIRC.

The whole DNA mistake is complexing as well. It appears (to me at least) that LE didn't let that minor technicality stop their pursuit of a case against the M's. So DNA was found in Heather's car that was in fact Heather's. Ummmm... ok. So, like you are questioning @bestill, what DNA other than all the general types were found that would suggest she is dead? Not like they found blood evidence. Or, did they?

As far as the car goes (and don't get me started), TE drove it home that night. LE was said to have dusted it the next day in the E's driveway. I never heard anything about a full forensic analysis being performed on it :facepalm:. Her car sat in their driveway for some time thereafter. Not sure about its current status. I assume it's still sitting there...
 
I don't think they have any blood or other physical evidence.
 
jillycat said:
I don't think they have any blood or other physical evidence.
Click to expand...

I think it's likely that they have DNA from SM that was found in her car, but it's related to sexual activity and not blood. It links HE and SM and places him in her car and may be mixed DNA, but does not prove a crime occurred. I also still believe, unfortunately, that TM made sure HE was tormented and/or tortured before her death. Perhaps the "proof of death" DNA is related to that.
 
PeterThomasFan said:
I was thinking the same thing just now.

IMO, I believe the state is looking at the M's as equal partners in the crime. Neither would be considered an accessory by legal definition and in their eyes. Both have the same set of charges pending against them and will be tried together in court.

I'm pretty sure that they each can have different outcomes during the sentencing phase though once the jury has heard the case. All IMOO.
Click to expand...

I agree, about the sentencing phase. However, based on what the jury believes about the burden of proof against each individual, there could be a split decision at the guilt phase... anything from innocent/guilty to degree of guilt.
 
If there would be a split decision on the guilt phase, Tammy would be the one who would be found guilty on the highest charge because of all of her social media posts. We all know that she controlled all of that. Innocent people would declare their innocence and she has never once done that in all of her rants. Also I know it doesn`t stand up in court, but, if I was innocent, I would be asking for a polygraph to show that I had nothing to hide. Tammy is the one that wanted Heather dead from the time she found out about the affair. She couldn`t move on with her life knowing that Sidney cared for Heather. I am betting that she forced Sidney to do whatever. The phone call to Sid`s phone on that fateful night is what caused Tammy to do what she had been wanting to do all along which was to kill Heather. I am betting that she even tortured her somehow before killing her. I also believe that she was thrown in a dumpster somewhere. That would be a quicker way to dispose of a body. Throw her away like garbage. It is something that Tammy would do. I hope she gets what is coming to her and she will.
 
bestill said:
Third time I've tried to post this, grrrr.

<snipped to shorten>

Another question I have is her car, where is it? Did the state keep it or does her family have it? I know that LE let Terry drive it home that first night, but did they ever take back and do a thorough search of it?
I still have so many questions! I hope the trial will answer them…sorry for long post.
Click to expand...

BBM

Still in driveway.
:websleuther:
 
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