Moorers' Bond Hearing - #2

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  • #461
They are not allowed to go outside of the state without permission.

... guess no Disney this year.
 
  • #462
  • #463
I know it has been said, but I'm gonna say it again. Most murder trials are circumstantial cases. Very rare to have a witness or other direct evidence.

Just look at Drew Peterson. He is serving a 38 year sentence for the murder of Kathleen Savio. Convicted on all circumstantial evidence. :gavel:

That is true, however, we were led to believe they did have DNA evidence of HE in Sidney's truck which is a form of circumstantial evidence. I also thought there was a large amount of cash taken out but that too doesn't seem to be the case either.

In fact didn't the DA say they didn't have any DNA evidence or any forensic evidence in the case?

In DPs case they exhumed the body of his wife and that was the most pivotal circumstantial piece of evidence that sealed his fate but here there is no body.

While CE cases are won very frequently they usually do include circumstantial DNA and forensic evidence of some kind.

I got the feeling that this Judge thinks the cases are very weak. I think that is why he told the story about a man he gave bond that was accused of murdering his wife and he said later on the Solicitor dropped the charges. It was like he was sending a message to the state that they too should be thinking if they have enough to go to trial.

The hearing today did not make me feel good and I hope the DA can put together an iron clad case on both defendants.

IMO
 
  • #464
Listening again...Truslow's exact words were "still no DNA evidence, no physical evidence, no direct evidence". That sounds different to me than some posters saying DNA and physical evidence is circumstantial. Sounds to me like they consider DNA and physical evidence to be direct evidence.

According to his words, he is referencing three forms of evidence and saying they have none of the three. In other remarks, he said their case is circumstantial at best, and he described what he believes is weak circumstantial evidence.
 
  • #465
  • #466
  • #467
Well, I guess my theory is out the window. I thought they had iron-clad evidence that she was murdered AND disposed of in a way she'd never be recovered, hence the lack of any recent searches.

Why no more searches??? Will Heather ever be found?
 
  • #468
According to the conditions of bond (5 mile radius of E's)... TM won't be able to stay at the compound since the actual distance is 4.0 miles!

Thanks, PeterThomasFan! I was wondering about that. It's been several years since I've been in Myrtle Beach, but I was pretty sure the M's house was within 5 miles of the E's house. Maybe she'll go to Berkeley County (or is it Dorchester County, can't remember) with SM. Interesting.
 
  • #469
I don't believe they have to pay anything , just sign and walk out.

The four types of bonds are: a personal recognizance bond, a cash bond, a ten-percent bond and a surety bond.

When the court sets a personal recognizance bond, the defendant is released after making a promise to return to court when required.

A cash bond is a money guarantee that the defendant will return to court when required. When a cash bond is set, the defendant must pay the full bond amount to the court before being released from jail.

Another type of bond is a ten-percent bond. In this bond, the court will accept payment of ten percent of the total bond as a guarantee that the defendant will appear as required. If the defendant does not appear, the court may require payment of the remaining ninety percent.

The last type of bond is a surety bond. A surety bond is a promise made by someone other than the defendant that the defendant will appear as required. If you make a promise on behalf of the defendant, you must prove to the court that you will pay the bond amount if the defendant does not appear as required. Surety bonds may be posted by friends, relatives or a bond insurance company.

Money or property that is posted for a bond may not be returned when the case is over. The court may apply cash and ten percent bond monies posted by the defendant to any outstanding court fines or fees.

Regardless of the type of bond, if the defendant does not return to court as promised, the court may issue an arrest warrant and the Court will forfeit the bond money.

http://www.ferndalecourt.com/bail.htm
 
  • #470
  • #471
Oh, I thought the judge said PR bond. But, with all his storytelling, my mind wandered at times, lol...maybe I heard it incorrectly.
 
  • #472
Was today the first we'd heard definitively that SM was definitely the one behind the payphone call? Everything is starting to mush together.
 
  • #473
What ended up happening with the AG's discussion after about the bond on the fraud charges, the video and sound cut out - anyone know?
 
  • #474
The four types of bonds are: a personal recognizance bond, a cash bond, a ten-percent bond and a surety bond.

When the court sets a personal recognizance bond, the defendant is released after making a promise to return to court when required.

A cash bond is a money guarantee that the defendant will return to court when required. When a cash bond is set, the defendant must pay the full bond amount to the court before being released from jail.

Another type of bond is a ten-percent bond. In this bond, the court will accept payment of ten percent of the total bond as a guarantee that the defendant will appear as required. If the defendant does not appear, the court may require payment of the remaining ninety percent.

The last type of bond is a surety bond. A surety bond is a promise made by someone other than the defendant that the defendant will appear as required. If you make a promise on behalf of the defendant, you must prove to the court that you will pay the bond amount if the defendant does not appear as required. Surety bonds may be posted by friends, relatives or a bond insurance company.

Money or property that is posted for a bond may not be returned when the case is over. The court may apply cash and ten percent bond monies posted by the defendant to any outstanding court fines or fees.

Regardless of the type of bond, if the defendant does not return to court as promised, the court may issue an arrest warrant and the Court will forfeit the bond money.

http://www.ferndalecourt.com/bail.htm

Yes exactly, with a PR Bond, which is what I understand the Moorer's were given....they sign and don't pay anything to be released. They just walk out, all they have to do is come to their court dates and follow the rules the judge set... no money will exchange hands UNLESS they break the rules or miss court.
 
  • #475
The judge did say SURETY bond. (and that is what the defense was asking for - he stated that both were in a financial position to do a surety bond - even going so far as to say the C's had about 300k-350k in equity in their home they could tap into to put up the surety bond)...

So I'm not sure which was actually granted. I did hear another reporter ask someone on their way out "The judge did say SURETY right?" and the answer she got was "Yes" - so maybe it is just being reported incorrectly by another source?
 
  • #476
The judge did say SURETY bond. (and that is what the defense was asking for - he stated that both were in a financial position to do a surety bond - even going so far as to say the C's had about 300k-350k in equity in their home they could tap into to put up the surety bond)

No, SMs attorney asked for PR:

http://www.counton2.com/story/27978...-am-for-couple-charged-in-heather-elvis-death

Sidney Moorer's attorney asked for a personal recognizance bond earlier in the hearing in Charleston on Friday morning.

Kirk Truslow, the attorney, said that while out on bond Sidney Moorer would live in Berkeley County at his vacant grandmother's home.

The attorney said that Sidney would need a personal recognizance bond because he has no money and has "lost everything" since being jailed 11 months ago.
 
  • #477
The judge did say SURETY bond. (and that is what the defense was asking for - he stated that both were in a financial position to do a surety bond - even going so far as to say the C's had about 300k-350k in equity in their home they could tap into to put up the surety bond)

Well either way, SURETY or PR... no money needs to be handed over up front, only if the rules are broken or they do not show up in court
 
  • #478
What ended up happening with the AG's discussion after about the bond on the fraud charges, the video and sound cut out - anyone know?

I believe court was adjourned at that point, but the open mic was still on for several minutes...
 
  • #479
Well, I guess my theory is out the window. I thought they had iron-clad evidence that she was murdered AND disposed of in a way she'd never be recovered, hence the lack of any recent searches.

Why no more searches??? Will Heather ever be found?

This is where I think they hurt their own case. They said she was murdered at PTL, without any direct evidence to support their claim, and it appeared when the charges were publicized that there was also no physical evidence (at PTL). Based on the LE documents and statements, it has seemed to me that they believe/claim that because there was contact between SM and HE in the early hours, and because her car ended up at PTL, and because the M's vehicle was (allegedly) seen going toward and coming back from PTL shortly after HE's car arrived there, she was killed there.

I just don't think that's going to be tenable in court, particularly once the defense commences its counter-arguments. LE has said there's no reason to believe she didn't drive herself there. They never said they have proof she did. I'm not saying she didn't, although I've wondered many times if she was the one that took the car there, but the issue for the state seems to be that while there may be compelling circumstantial evidence in some aspects of the case, nothing proves the M's and Heather encountered one another at PTL. Certainly nothing direct or physical (it appears) proves Heather was killed at that location. Yet the probable cause documents reflect she was killed there.

I just think this is extremely problematic.
 
  • #480
The judge did say SURETY bond. (and that is what the defense was asking for - he stated that both were in a financial position to do a surety bond - even going so far as to say the C's had about 300k-350k in equity in their home they could tap into to put up the surety bond)...

So I'm not sure which was actually granted. I did hear another reporter ask someone on their way out "The judge did say SURETY right?" and the answer she got was "Yes" - so maybe it is just being reported incorrectly by another source?

Great seeing you hoppy! Weren't you in court today? If so, please share your thoughts and impressions with us if it isn't an imposition. Thanks!
 
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