Trial date set for Sidney and Tammy Moorer? #2

[jillycat]

The dismissal was dismissed as "nolle prosequi"

The normal effect of nolle prosequi is to leave matters as if charges had never been filed. It’s not an acquittal, which (through the principle of double jeopardy) prevents further proceedings against the defendant for the conduct in question. Rather, at least when it occurs before trial, nolle prosequi typically leaves the decision of whether to re-prosecute in the hands of the government. If the prosecution decides to bring charges again—for example, after it’s gathered more evidence—it must file a new charging document. (People v. Daniels, 187 Ill. 2d 301 (1999), Kenyon v. Com., 37 Va. App. 668 (2002).)

Yes, but my understanding is that both nol pros and dismissal can be with or without prejudice, and if it's 'with', there can be no future charges.

 

[cujenn81]

Yes, but my understanding is that both nol pros and dismissal can be with or without prejudice, and if it's 'with', there can be no future charges.

I don't believe the court document specified--neither with nor without.

 

[passionflower]

All we can do is hope the M's mess up and more clues/HE found with evidence that really links back to them. Then I have to believe the state will have a better case. Maybe the state thinks that they do not have enough to get a conviction, after trial like CMA or OJ.....who walked out free and cannot be tried again.............. :tantrum:

 

[WideOpen]

I just can not believe this, I'm mad as heck-furious-hateful, but so devastatingly sad for Heather and the Elvis family. Beyond belief. Heartbreaking. I will keep following and praying that Heather will be found and brought home to her loved ones, they deserve so much more.

JMO

 

[1&2&3]

From the newspaper article where Heather's parents spoke out, her mother Debbi Elvis had this to say:

“I also feel like, there were things that were going to come out during the trial that I wasn’t looking forward to, so maybe it’s God’s grace that we don’t have to deal with that right now,” she said at a news conference Friday."

http://www.myrtlebeachonline.com/news/local/crime/article65457017.html

Any idea what she is referring to?

 

[Tssiemer]

Gorey details? I don't know. A body hasn't been found yet so we don't really know gorey details.


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[JerseyGirl]

Yes, but my understanding is that both nol pros and dismissal can be with or without prejudice, and if it's 'with', there can be no future charges.

S: https://docs.google.com/gview?url=h...ICE-DISMISSAL SIDNEY MOORER.pdf&embedded=true

T: https://docs.google.com/gview?url=h...TICE-DISMISSAL TAMMY MOORER.pdf&embedded=true

Nolle Prosse http://www.scsolicitor14.org/page.php?pageID=24

 

[jillycat]

S: https://docs.google.com/gview?url=h...ICE-DISMISSAL SIDNEY MOORER.pdf&embedded=true

T: https://docs.google.com/gview?url=h...TICE-DISMISSAL TAMMY MOORER.pdf&embedded=true

Nolle Prosse http://www.scsolicitor14.org/page.php?pageID=24

There's nothing in the documents that indicate one way or the other, and I don't see anything about how that is viewed under SC law in the general expungement info.

But, I don't think they'll ever find additional evidence anyway, so I can't imagine the option to prosecute later matters.

 

[spiritseeker31]

From the newspaper article where Heather's parents spoke out, her mother Debbi Elvis had this to say:

“I also feel like, there were things that were going to come out during the trial that I wasn’t looking forward to, so maybe it’s God’s grace that we don’t have to deal with that right now,” she said at a news conference Friday."

http://www.myrtlebeachonline.com/news/local/crime/article65457017.html

Any idea what she is referring to?

Her daughter's sex life/acts....perhaps theories on how she was killed.

 

[Madeleine74]

From the newspaper article where Heather's parents spoke out, her mother Debbi Elvis had this to say:

“I also feel like, there were things that were going to come out during the trial that I wasn’t looking forward to, so maybe it’s God’s grace that we don’t have to deal with that right now,” she said at a news conference Friday."

http://www.myrtlebeachonline.com/news/local/crime/article65457017.html

Any idea what she is referring to?

Heather was a sexually active young woman who, at times, was quite graphic in her social media writings, particularly as she pursued the married SM and described her activities. That would have been part of the testimony at trial.

 

[Cricket99]

Yes, but my understanding is that both nol pros and dismissal can be with or without prejudice, and if it's 'with', there can be no future charges.

The State knows what they are doing - this is far from over.

 

[jillycat]

The State knows what they are doing - this is far from over.

It seems to me that if the state knew what it was doing, it would not have claimed Heather was kidnapped and killed at that boat landing - and spent two years insisting it had sufficient evidence to prosecute these two for murder, only to have to request a nolle prosequi.

 

[margarita25]

I shall choose to look at it this way...

If the M's are truly guilty (and I think the majority of us on here believe that they are), then there can be nothing more terrifying than waiting for the axe to fall...always looking over your shoulder, always feeling a pit of dread in your stomach when you see a police officer....always wondering if you're going to be arrested and charged with murder at any time.

THEN, one day, when you're least expecting it, you're re-arrested for murder and this time you're not so smug and you know they have the evidence now to prove it.

We just have to wait for that one day.

jmo

Great post, PandaJ.

Always looking over your back, wondering when the hammers going to fall....

 

[margarita25]

From the newspaper article where Heather's parents spoke out, her mother Debbi Elvis had this to say:

“I also feel like, there were things that were going to come out during the trial that I wasn’t looking forward to, so maybe it’s God’s grace that we don’t have to deal with that right now,” she said at a news conference Friday."


http://www.myrtlebeachonline.com/news/local/crime/article65457017.html


Rsbm

Bless her heart, trying to put it in perspective, etc...

 

[margarita25]

The more I think about this, it's not over imo. Surely and hopefully things will come to light one day. Last night I watched a story about 14 year old Gloria Pointer, abducted raped and killed in Cleveland 1984. Her mom worked so hard for answers, speaking in prisons, writing political folks...she had no answers for 30 years, but her killer was finally found and held accountable.

 

[Cricket99]

It seems to me that if the state knew what it was doing, it would not have claimed Heather was kidnapped and killed at that boat landing - and spent two years insisting it had sufficient evidence to prosecute these two for murder, only to have to request a nolle prosequi.

Time will tell.:drumroll:

 

[Simply Caustic]

It seems to me that if the state knew what it was doing, it would not have claimed Heather was kidnapped and killed at that boat landing - and spent two years insisting it had sufficient evidence to prosecute these two for murder, only to have to request a nolle prosequi.

Kidnapping charges haven't been dismissed, though, have they? Unless I missed something...


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[Motherof5]

This defense attorney doesn't think the M's should be celebrating.

http://wpde.com/news/local/myrtle-b...ney-explains-what-could-happen-in-moorer-case

"In this case, I think all that they will literally have to prove is that she was held against her will for even one second," McCoy said.

 

[carolinagurl]

http://wpde.com/news/local/myrtle-b...ney-explains-what-could-happen-in-moorer-case

"The murder charges were dismissed, but they were nol prossed, which means they can bring them back up at any time."

 

[TTF14]

From the newspaper article where Heather's parents spoke out, her mother Debbi Elvis had this to say:

“I also feel like, there were things that were going to come out during the trial that I wasn’t looking forward to, so maybe it’s God’s grace that we don’t have to deal with that right now,” she said at a news conference Friday."

http://www.myrtlebeachonline.com/news/local/crime/article65457017.html

Any idea what she is referring to?

No clue, and wouldn't it come out in the kidnapping trial anyway?