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

[barcode]

Unless you're suggesting that SM merely invited her out and some random stranger, someone not at all connected with SM, coincidentally happened to decide to take Heather that very morning?

Not suggesting some other dude did it, but that things went south after they met up.

 

[LBDunes]

Aside from the "what if" someone else was driving the truck:

The charge of kidnapping applies even if all SM did was make the call to entice or persuade Heather to come out that night. Under the law he would still be guilty, even if someone else took his truck and went to get Heather. "Acting in concert" is what they call it in my state but it's referred to as "Hand of one, hand of all" in SC.

So if the jury didn't understand that distinction, which I think is an important one, they missed the boat on that.

BBM - The "Hand of one, hand of all" has come to my mind in reference to the trial. I watched all of it, but I don't remember, did that come up in the trial at all? If so who spoke to that?

 

[Madeleine74]

Not suggesting some other dude did it, but that things went south after they met up.

Once he set things in motion, he's in it up to his neck.

 

[Madeleine74]

BBM - The "Hand of one, hand of all" has come to my mind in reference to the trial. I watched all of it, but I don't remember, did that come up in the trial at all? If so who spoke to that?

I don't know if that came up. It should have.

 

[LBDunes]

Not suggesting some other dude did it, but that things went south after they met up.

When you say went south after they met up, what do you mean? Could you elaborate on that?

 

[nerdgirl]

BBM - The "Hand of one, hand of all" has come to my mind in reference to the trial. I watched all of it, but I don't remember, did that come up in the trial at all? If so who spoke to that?

I do not think it was mentioned during/at the trial - I think that someone on here brought it up.

 

[barcode]

When you say went south after they met up, what do you mean? Could you elaborate on that?

Sure I just hate sounding like a broken record as I am sure that I have more than once The timing of the call to me does not suggest, hey I just split up with my wife and I have to tell you all about it at 1:39 am. Booty calls normally start after 2 am and this call appears to be nothing more than a hook up imo. I am sure for their prior get together's that some did occur along the very same timeline. Now whether or not SM decided to force a PT on HE comes into play/maybe. I am sure that would not have been mentioned on the phone. I can not imagine any female agreeing to a 1.39/later PT. I can only guess and speculate as to a possible argument that results in HE demise.

 

[jillycat]

Here is the statute on kidnapping. Scroll to Article 9, Kidnapping, Section 16-3-910

http://www.scstatehouse.gov/code/t16c003.php

Under Section 16-3-920, Conspiracy to Kidnap, there is information on more than one party involvement.

According to the statutes, if upon proof that the call was a lure, he would be guilty of kidnapping, under 9-13-910.

But the argument that because he called and she's now gone does not equal kidnapping, I'm sorry. This is where there is, in my view, a problem with the state hanging its case on a phone call and a meeting that occurred after other activity and Heather then contacting the accused, with no proof that she met him at the landing and a crime was committed there.

 

[JerseyGirl]

Scheduling is up to presiding Judge R. Markley Dennis Jr., who must contact court administration in Columbia to set a new date first, and so far nothing as been scheduled.

“We’d love to retry it, and start over the very next week, and I’m sure Kirk would too, but you don’t get to be king of the world and do that,” said Richardson.

Read more here: http://www.myrtlebeachonline.com/news/local/crime/article86651182.html#storylink=cpy

 

[Madeleine74]

In my mind the pregnancy test is sort of irrelevant. I mean if he used it to persuade Heather to come out then it was a tool for that. If he didn't then... shrug.

The issue is did he persuade her to come out to meet him (yes/no) and was it to get Heather into a situation she was not expecting? Well we know he talked to her, we know she called Bri crying, we know she attempted to call him back at the payphone (9 times), we know she talked to him on his cell phone for almost 5 minutes. It doesn't take a leap to realize her leaving her apartment and meeting up with SM are linked. SM getting her to PTL was a dangerous situation for Heather; Heather was trapped. As such he is responsible and I believe he is criminally responsible.

 

[nerdgirl]

In my mind the pregnancy test is sort of irrelevant. I mean if he used it to persuade Heather to come out then it was a tool for that. If he didn't then... shrug.

The issue is did he persuade her to come out to meet him (yes/no) and was it to get Heather into a situation she was not expecting? Well we know he talked to her, we know she called Bri crying, we know she attempted to call him back at the payphone (9 times), we know she talked to him on his cell phone for almost 5 minutes. It doesn't take a leap to realize her leaving her apartment and meeting up with SM are linked. SM getting her to PTL was a dangerous situation for Heather; Heather was trapped. As such he is responsible and I believe he is criminally responsible.

paraphrasing the words of the judge:
"he has a new truck,
never saw anyone but him drive his truck
going to this remote place
other people have been suggested,
but no other trucks have been suggested at the time everything stops

she was contacted by someone she knew,
someone she did not mind seeing,
that leads directly to SM"

 

[geevee]

Yes, I'm just saying that if there are texts and there is luring evidence as the article indicates that Livesay claimed, I find it hard to believe that the state would exclude them. But I suspect that if there are in fact texts, they weren't helpful to the luring theory.

I'm thinking if there are text messages from that night then the prosecution must believe that Tammy sent them rather than Sid (like those in early Nov.) and will be used at her trial. Sid may not have been lying about Tammy having taken away his cell and put a lock on it (password protected I imagine), I presume they'll also have a theory of why that cell was turned on at 3:00 a.m. Just recalled the guy who testified that the cell hadn't had any activity since their trip until 3:00 that night, was there any elaboration from him on activity after it was turned on (only just answering one of the calls from Heather's phone or not being asked anything else? I can't recall that part of his testimony).

 

[Madeleine74]

never saw anyone but him drive his truck

What's funny (well, not 'funny') is some people insisting you can't prove it was SM driving that truck at the time it went to PTL and it should be assumed it was or could have been someone else. WHY would someone doubt it was SM driving SM's truck (which he did at all other points that evening) and instead imagine it to be someone else driving it? There's proof showing SM drove SM's truck, right up to 1:35am where SM is at the payphone; there's zero proof showing anyone else ever drove his truck, but that's the scenario that cannot be dismissed, and that somehow absolves SM how exactly? (SMH)

 

[TTF14]

What's funny (well, not 'funny') is some people insisting you can't prove it was SM driving that truck at the time it went to PTL and it should be assumed it was or could have been someone else. WHY would someone doubt it was SM driving SM's truck (which he did at all other points that evening) and instead imagine it to be someone else driving it? There's proof showing SM drove SM's truck, right up to 1:35am where SM is at the payphone; there's zero proof showing anyone else ever drove his truck, but that's the scenario that cannot be dismissed, and that somehow absolves SM how exactly? (SMH)

I love your posts. They always state things so clearly. I wish you could deliver the closing argument.

Sent from my SM-G930V using Tapatalk

 

[Gardenista]

I'm thinking if there are text messages from that night then the prosecution must believe that Tammy sent them rather than Sid (like those in early Nov.) and will be used at her trial. Sid may not have been lying about Tammy having taken away his cell and put a lock on it (password protected I imagine), I presume they'll also have a theory of why that cell was turned on at 3:00 a.m. Just recalled the guy who testified that the cell hadn't had any activity since their trip until 3:00 that night, was there any elaboration from him on activity after it was turned on (only just answering one of the calls from Heather's phone or not being asked anything else? I can't recall that part of his testimony).

No, the phone was turned on and used to call a NJ number around the time SM was in the WM. See appx 26:25

[video=youtube;UN53x8XyU0M]https://www.youtube.com/watch?v=UN53x8XyU0M[/video]

 

[poppygirl]

IMO, phone calls + Bri testimony + truck surveillance is good enough for me. Heck I'd convict him even without Bri's testimony, though it puts the nail in the coffin for me as far as luring is concerned. I'd convict him if I were on the jury...and so would 10 other people it seems, even with the 'what if' scenarios that were apparently discussed. So now we just need 12 likeminded, reasonably intelligent individuals that can use common sense to add up 2+2, with no friends of the defense involved . I'm confident in a conviction next time around.


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[jillycat]

What's funny (well, not 'funny') is some people insisting you can't prove it was SM driving that truck at the time it went to PTL and it should be assumed it was or could have been someone else. WHY would someone doubt it was SM driving SM's truck (which he did at all other points that evening) and instead imagine it to be someone else driving it? There's proof showing SM drove SM's truck, right up to 1:35am where SM is at the payphone; there's zero proof showing anyone else ever drove his truck, but that's the scenario that cannot be dismissed, and that somehow absolves SM how exactly? (SMH)

I'm trying to find where anyone argued that SM is absolved.

I can't, so in regard to the luring theory that the state hung its case on, no one knows what was said about anyone meeting. And Heather didn't know how to contact him why? It appears because he either wasn't in a hurry to meet her, or gave up easily when she didn't want to meet ala the first phone call.

 

[bestill]

I'm wondering if the State had evidence they didn't use to avoid bringing Investigator Allen Large into the trial. We know the defense wanted to bring him in along with cloud of corruption within the department. If there had been texts or communications that would have harmed the case don't you think the defense would have introduced them?

 

[nerdgirl]

I'm thinking if there are text messages from that night then the prosecution must believe that Tammy sent them rather than Sid (like those in early Nov.) and will be used at her trial. Sid may not have been lying about Tammy having taken away his cell and put a lock on it (password protected I imagine), I presume they'll also have a theory of why that cell was turned on at 3:00 a.m. Just recalled the guy who testified that the cell hadn't had any activity since their trip until 3:00 that night, was there any elaboration from him on activity after it was turned on (only just answering one of the calls from Heather's phone or not being asked anything else? I can't recall that part of his testimony).

There was activity at earlier than 3 AM:
1:09:45 AM EST to
1:13:49 AM EST

1:13:55 AM EST

 

[LBDunes]

I found the pregnancy test to be irrelevant also. I think the state did infer Heather was pregnant through the multiple witnesses. I felt I couldn't come away being 100 % sure she was. I felt it was more than likely she was from the testimony across multiple witnesses. The test didn't add to me feeling that she was. The items purchased also included a cigar we know as well. The more important things I gleaned there were the clearer video from Walmart and the proximity of the Walmart to the payphone being right down the road.