MISTRIAL - Sidney Moorer on trial for the kidnapping of Heather Elvis #5

[jillycat]

IMO, Bri's testimony was not the bombshell we all assumed or hoped it would be. I wonder why KT was hell bent on getting it thrown out. Was SM worried HE had divulged more to her? I think so. I think she told him she'd meet him but was too ashamed to admit that to BW. I also keep going back to the change of venue. It was one of the first things KT brough up in his interview. It'd be a terrible strain on the family to travel, but I'd like to think he'd be found guilty in any county. JMO, MOO, etc.

It will be interesting to see if SM gets new counsel. KT wasn't exactly a fireball and that's what it will take to meet the state head on again.

 

[GeeEm]

I should add that sometimes a defense attorney will come up with hypothetical scenarios and tell the jury about them. However, an attorney's statements are not evidence.

Jose Baez told a whopper in the Casey Antony trial. That jury also fell for it.

JMO

Ranch, lol

Oh goodness please don't make me think about CA, I just had dinner 😖

Three trials that proves jurors got it wrong OJ. CA. JA. 😡

 

[Surfside]

With a 10-2 guilty to not guilty outcome it would be a decent gamble for the state to try again. In my jurisdiction retrying again would be a no brainer. There was a big murder case in my area that in the first round got 8 G & 4 NG and ended in mistrial. The state tried the defendant again and (thank goodness) he was found guilty in the 2nd trial.

Thanks for the hope. I needed a swig of that.

 

[PeterThomasFan]

It will be interesting to see if SM gets new counsel. KT wasn't exactly a fireball and that's what it will take to meet the state head on again.

I'll take that bet. TM already said they have a high-profile attorney lined up IIRC.

 

[jellybeanz]

I'm many pages behind, so apologies if these are already answered and done and dusted.

Where is Sticky Fingers located ? Maybe SM was truthful about working at Sticky Fingers that night and the Walmart on Seaboard was closer ?

There is a Walmart very close to SF.

I disagree with none of this supports the lure. Unless you don't believe Bri's account. The man was deceptive about "I'm leaving my wife, I want to be with you" and you string together all the lies he told. Especially getting rid of the original video equipment, then I personally see premeditation. Unless I am mistaken, when he made that call, it fit the legal definition of the charge. He set in motion the crime. Also, I do not think the state should now put forth a new theory. That would be a mistake on their part. I believe she was kidnapped at PTL.

Since being provided by the new information at Trial that Heather, sorry Heather's phone was at Longbeards twice?
Logic says to me the payphone call was arranging to meet at Longbeards. I guess the meet was 2.30am. Or even 'an hour from now'
Heather left her apartment, with her phone, and went straight to Longbeards.
She hung around for 15 minutes and at 2.56am, she left Longbeards and headed home.
(The Moorers were late)
On the long stretch coming away from Longbeards, within a minute, Heather and Sidney made contact on that road in their cars. Either a flash of lights on the stretch, or at the traffic light junction at Augusta Plantation.

Heather turned around and got back with the plan and headed back to Longbeards.
She arrives and sees Sidneys big flashy truck and parks next to him.
She gets out her car to get into sid's truck, but she is mugged and taken (by those family members who made the famous FB** post) to another vehicle.
Sidney gets Heather's keys and cell and turns left out Longbeards and starts driving back to Heathers. He stops to adjust the seat and mirrors, then heads to Heather's to dump her vehicle.
Tammy turns right out of Longbeards and gets onto International Drive and on the road home. No cameras, or very limited compared to the drive Sidney is taking.
The other vehicle (remember the black jeep?) follows Tammy all the way to Red Hill/Conway area and heads their own way with Heather.
Tammy takes the back roads back to roughly where the compound is and waits for Sidney to call from Heather's cell.
Sidney is approaching Heather's and calls his own cellphone from Heather's cell. Tammy has taken cold feet and doesn't want to drive back into River Oaks and risk being seen by cameras.
Can you imagine how freaked out and nervous these 2 would be at this point?
Tammy convinces Sidney to leave River Oaks and they agree to meet at PTL.
Sidney gets there before Tammy and starts freaking out that she is not already there.
He rings Tammy on his own cell from Heather's cell repeatedly. Sending urgent messages to Tammy.

(He thinks that these calls aren't registered on the logs. He is nearly 40!!! He remembers doing the 'one ring' on landlines and it not costing anything - AND that was his big mistake)

Tammy rushes to PTL, being caught on video twice (Doh!)

Picks up the devil in disguise and head home.

No DNA in the truck, no DNA at the compound.

** LE really need to dig deeper into their digital footprint. She (T) has come away with so much stuff that we can't discuss here, but those comments are classic foot shooting.

Maybe, but if so, he sure was a busy man! So far we've heard (not in court) that he was around town having sex with his wife in various spots, working, at home, at Walmart, at the pay phone, clipping coupons.

He must have been way too exhausted after all of that to be out at 3:30AM on his way to PTL......

We've found Santa Claus!!!

Who would have thunk it was a brown goatee and not a big whit fluffy beard

I am not sure if she was kidnapped at PTL or whatever happened happened at Long Beard's. Prior to Heather being at Long Beard's the 2nd time, Heather was trying to reach SM at the pay phone number. Immediately after leaving Long Beard's , Heather called SM's cell phone number and there was a 4+ minute phone call. Either Heather met SM at Long Beard's and was told to call his cell phone number, or someone else was in control of Heather's cell phone and knew to call Sidney's phone.

ding ding ding!

 

[Madeleine74]

The other vehicle (remember the black jeep?) follows Tammy all the way to Red Hill/Conway area and heads their own way with Heather.

So in this scenario neither Sidney nor Tammy are with Heather, and both of them are busy driving vehicles (SM driving Heather's car with phone) and finally meeting at PTL?

 

[jellybeanz]

So in this scenario neither Sidney nor Tammy are with Heather, and both of them are busy driving vehicles (SM driving Heather's car with phone) and finally meeting at PTL?

Yes, they were very busy trying to distance themselves from the crime as much as they could.

Because they are cowards.

They planned this quite well, but not very well.

 

[stillwatersc]

[/B]

BBM - yes, at least one juror did just that. I believe it was the foreman (was rumored to be, anyway) that said, quoting to WBTW:

“If we were not doing a trial on circumstantial evidence, it would have been a much more way for us to sink our teeth into and come up with a proper verdict,” the juror explained. “But because of the fact there were so many what-ifs, ‘what if this happened,’ ‘what if that happened,’ and things of that nature, we were hopelessly deadlocked.”

http://wbtw.com/2016/06/24/juror-explains-mistrial-in-sidney-moorer-kidnapping-case/


Also, 2 jurors spoke to WMBF and said essentially that the evidence was right in front of them.

http://www.wmbfnews.com/Clip/12550126/jurors-speak-about-split-on-verdict

Everyone knew up front that the trial is on circumstantial evidence. If a juror is seated who cannot ever find someone guilty on circumstantial evidence, why even go through with the trial? That should be included on the jury questionaire and those candidates disqualifed as jurors. Otherwise the entire trial is a waste of time and money. I hate it that the Elvis's and the witnesses have to go through this again.

 

[concernedmother]

TE needs to hit them with a wrongful death suit. jmo.

 

[Deleted member 39678]

Everyone knew up front that the trial is on circumstantial evidence. If a juror is seated who cannot ever find someone guilty on circumstantial evidence, why even go through with the trial? That should be included on the jury questionaire and those candidates disqualifed as jurors. Otherwise the entire trial is a waste of time and money. I hate it that the Elvis's and the witnesses have to go through this again.

The last couple of times that I've had jury duty, circumstantial evidence was explained during voir dire and prospective jurors were questioned if they understood that it was alright to use it in deciding if the defendant is guilty or not.

Did this not happen in this case?

 

[barcode]

Be nice if we could stop jury bashing to the nth degree, if the case was charged correctly this would not have happened.

 

[TTF14]

Be nice if we could stop jury bashing to the nth degree, if the case was charged correctly this would not have happened.

What do you think the charge should have been?

 

[barcode]

What do you think the charge should have been?

Multiple charges to say the least, I remember being pulled over years ago and LE managed to produce a laundry list of charges....6 in all and it was pleaded down to driving with out of state plates. My lawyer said they stack the charges/pile on just to make something stick. We all know she is dead, 1st degree, second degree, manslaughter, then perhaps kidnapping but I see that as the weakest link. Who wouldn't role the dice with what was prosecuted?

Surprised it was 10-2 and if they proceed along same lines next time, I predict much the same results. I do not know if they can recover at this point, hopefully for Heather they can.

 

[Madeleine74]

The last couple of times that I've had jury duty, circumstantial evidence was explained during voir dire and prospective jurors were questioned if they understood that it was alright to use it in deciding if the defendant is guilty or not.

Did this not happen in this case?

I don't know what was said during voir dire, but pattern jury instructions always talk about 2 kinds of evidence (direct and circumstantial) and how they are treated exactly the same under the law. The state went to some trouble during opening statements to give examples of circumstantial evidence (the solicitor used the rock being thrown on the water example).

 

[bestill]

TE needs to hit them with a wrongful death suit. jmo.

Can you do that with no body or evidence proving she's dead? I really wish the Elvis family could do something to shut them up. I've never seen such outrageous behaviour. You would think they would be quiet as a church mouse and grateful to have more time to be with their family. They don't even know what the state is going to do and they are acting like psycho's on social media, unless maybe they do know what the state is planning and that set the recent firestorm off.

 

[jillycat]

There may be some dealing going on with a new offer from the state. Who knows, but after losing the murder charge, the IE, TM's obstruction, and now this mistrial on the kidnapping, the state may want to cut losses and get SM on something lesser or with less time. And if connection of dots is based on contact between the M's and Heather, ownership or vehicles and relationship history, then TM is walking on kidnapping when her turn comes.

I can't imagine either M taking a deal at this point, but I think the state would at least look at that going forward.

 

[poppygirl]

Can you do that with no body or evidence proving she's dead? I really wish the Elvis family could do something to shut them up. I've never seen such outrageous behaviour. You would think they would be quiet as a church mouse and grateful to have more time to be with their family. They don't even know what the state is going to do and they are acting like psycho's on social media, unless maybe they do know what the state is planning and that set the recent firestorm off.

My guess is that their lawyers, if they're even half way decent lawyers, probably told them that there is high likelihood that the state will retry them, low likelihood that they'll luck out and be able to get another tainted jury, and high likelihood that SM will be convicted . If Truslow is any good at all, he should be telling SM to consider a plea deal.



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[jillycat]

My guess is that their lawyers, if they're even half way decent lawyers, probably told them that there is high likelihood that the state will retry them, low likelihood that they'll luck out and be able to get another tainted jury, and high likelihood that SM will be convicted . If Truslow is any good at all, he should be telling SM to consider a plea deal.



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How is the jury tainted?

 

[Teche]

I wish The prosecutors had consulted with the likes of Juan Martinez.

 

[nerdgirl]

How is the jury tainted?

http://www.wmbfnews.com/story/32319...dnapping-case?clienttype=generic&sf29801640=1