Trial date set for Sidney and Tammy Moorer? #2

[jellybeanz]

I think it is about time this pair had their time in court.

 

[EmmaRose]

I think it is about time this pair had their time in court.

Oh me too, jellybeanz, but not before Judge Markley Dennis is replaced, IMO. I think having his fathers boyhood friend presiding over this trial has made the Moorers cocky, and for good reason. If the trial is conducted anything like the hearing was, the prosecution will have a tough time getting a conviction. MOO. Justice for Heather and her family.

 

[Hatfield]

I happened to be catching up on the Erin Corwin case (currently awaiting trial) and read this linked article:

http://www.oakridger.com/article/20160128/NEWS/160129878

in which it was reported that two judges had been disqualified by peremptory challenges--one by the defense and one by the prosecution.

"A peremptory challenge is a legal motion that allows any parties in a criminal court case to disqualify one judge without providing any clear reason."

Is this a CA law, or is it true in most states?

Great Question. Listing some information below.
I believe that California is 1 state that allows that without providing any reason but I think most states you would have to have a valid reason to request a judge to be removed. The interesting thing in Heather's case is they probably do have a valid reason to request the judge to be replaced and I think the prosecution should go ahead and request that by filing whatever paperwork is necessary. I sure hope someone has suggested that to the prosecution by now. I think they have a legitimate reason.

Maybe the petition was being circulated to support a formal request. Even if enough signatures do not get on the petition then I still hope the prosecution submits paperwork to request this.

Anytime there is any sort of potential for bias it should be removed in a case of this importance.

I even think the judge should do the right thing and recuse themselves in this case. If there is a chance of bias then why wouldn't the judge not recuse themselves. This is really upsetting to learn about the possibility of bias on the judges part. If there is real potential for bias there and the judge doesn't recuse themselves then I sure hope the people of that state remember when it comes time for relection of judges.

"while in most states a judge may only be removed for cause, a number of jurisdictions have adopted statutes or court rules that allow a party to seek a judge’s disqualification on a “peremptory” basis."

http://www.judicialrecusal.com/peremptory-disqualification/

 

[Hatfield]

Found more for SC specifically.

"In South Carolina disqualification is governed by the South Carolina Code of Judicial Conduct, which calls on a judge to disqualify himself in any proceeding in which his impartiality might reasonably be questioned"

http://www.judicialrecusal.com/south-carolina/

 

[Hatfield]

1 last article which covers it even more. Read Section E where there is lots about it.
But I haven't seen anything that covers what happens if the judge does not voluntarily recuse himself/herself. I suspect this is why the petition was submitted by the father of Heather. He was probably hoping the judge would do the right thing and recuse himself based on the publicity.

When that doesn't happen then the prosecution needs to take some formal action through paperwork and I sure hope they are doing that. I am really surprised this document did not cover what happens when judge doesn't recuse themselves and there is still a concern of bias.

"E. Disqualification.

(1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: ...................................
"

http://www.sccourts.org/courtReg/displayRule.cfm?ruleID=501.0&subRuleID=Canon+3&ruleType=APP

 

[Richmond]

1 last article which covers it even more. Read Section E where there is lots about it.
But I haven't seen anything that covers what happens if the judge does not voluntarily recuse himself/herself. I suspect this is why the petition was submitted by the father of Heather. He was probably hoping the judge would do the right thing and recuse himself based on the publicity.

When that doesn't happen then the prosecution needs to take some formal action through paperwork and I sure hope they are doing that. I am really surprised this document did not cover what happens when judge doesn't recuse themselves and there is still a concern of bias.

"E. Disqualification.

(1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: ...................................
"

http://www.sccourts.org/courtReg/displayRule.cfm?ruleID=501.0&subRuleID=Canon+3&ruleType=APP

Thanks for looking into this. It really isn't clear what happens if a SC judge doesn't recuse him/herself, but I would think the prosecution (or the defense) could petition the court. In the EC case referenced above, I think one of the peremptory challenges went to a higher court on appeal. There must be some legal recourse in SC and other states when it appears that a judge may be biased.

It is disheartening that nothing seems to be happening legally on this case, although maybe things are grinding along out of the public eye.

 

[jellybeanz]

Looks like Tammy and Sidney have given two fingers to any gag order and started posting on FB out of nowhere.

This news story was posted from one of them along with a stale paragraph of rant, with hardly any punctuation.

http://wbtw.com/2016/01/12/lawsuit-filed-against-former-horry-county-detective-for-sexual-assault/

They are also hinting at movement on the case - 'keep your eyes peeled' to quote one of them

 

[PeterThomasFan]

Looks like Tammy and Sidney have given two fingers to any gag order and started posting on FB out of nowhere.

This news story was posted from one of them along with a stale paragraph of rant, with hardly any punctuation.

http://wbtw.com/2016/01/12/lawsuit-filed-against-former-horry-county-detective-for-sexual-assault/

They are also hinting at movement on the case - 'keep your eyes peeled' to quote one of them

Yes. :yeahthat:

The situation with HCPD detective is certainly messed up. Let's see how well they bury this one... IMO. :bang:

 

[meinmyrtlebeach]

In one of his(her) rants...he mentions that he is meeting with the prosecutors on 2/26. I've not heard of this before. Any info anyone?

 

[Ahhtiffuhhknee]

http://www.wmbfnews.com/story/31246...the-boathouse?clienttype=generic&sf21089000=1

Maybe this is related..

 

[EmmaRose]

.... And this:

http://wbtw.com/2016/02/17/horry-county-police-aids-solicitors-office-in-hwy-501-investigation/

 

[cujenn81]

http://www.wmbfnews.com/story/31246...the-boathouse?clienttype=generic&sf21089000=1

Maybe this is related..

I've had several people ask me today if I thought this news was related (they know how much I'm invested in this case). My LE friend told me they've had boats in the water all week & there has been some type of sonar hit in that area.

For non-locals, the area they're investigating is less than a mile from Heather's apartment. It's also right in front of an old, rundown suspension bridge (which people have climbed up and committed suicide in the past). You can see it suspended in the air in the background of this picture (it's been suspended in the air like this since I was a kid):

I don't know if this investigation is related to HE at all, but I'm keeping my fingers crossed that it is.

There's a picture of the investigative crew on the bridge here...

http://wbtw.com/2016/02/17/horry-county-police-aids-solicitors-office-in-hwy-501-investigation/

 

[Surfside]

.... And this:

http://wbtw.com/2016/02/17/horry-county-police-aids-solicitors-office-in-hwy-501-investigation/

This one reads, "officials could be seen in the water."

 

[Surfside]

My LE friend told me they've had boats in the water all week & there has been some type of sonar hit in that area.

RSBM: Thanks for sharing, Jenn. That's really interesting to know.

 

[meinmyrtlebeach]

What the hell? Why is it that whenever a possible news story pops up...the Mrs begins flapping her gums on hubby's FB(supposedly).

I can't tell you how much it makes my blood boil every time she mentions HE and her being a prostitute. Does she REALLY think even 5 people in this world believe that drivel about him getting paid for services and that was it? WTF is she thinking about. Does she forget how he lied initially to the police about the pay phone and then when confronted with the truth he claims it was because he didn't want his wife to know since she was there for the questioning. His own attorney claims he cared for Heather. Now all of a sudden it's a crappy BJ that he paid for?

AAAAAARRRRRGGGG i wanna go slap that "person" in the mouth for denigrating a missing sweet girl.

Lord..let this be the missing piece under that bridge today...that we need to put this stupid ***** away for life. Can you tell i'm pissed off now?

Finally...how is it that they can get away with posting all of this stuff taunting the solicitor without violating their bond/gag order????

 

[EmmaRose]

Yes, Surfside, I found that line in the article very interesting as well... And meinmyrtlebeach, it is maddening that nothing happens to M's when they clearly violate the gag order. If you or I did that, we would be held accountable, no doubt. IMO. What makes them be able to get away with it? I hope the Elvises and Jim Richardson work to have them put back in jail where they belong - MOO and I hope that what LE and Jim Richardson are investigating over at the boathouse will help justice be served for Heather and her family.

 

[EmmaRose]

I've had several people ask me today if I thought this news was related (they know how much I'm invested in this case). My LE friend told me they've had boats in the water all week & there has been some type of sonar hit in that area.

For non-locals, the area they're investigating is less than a mile from Heather's apartment. It's also right in front of an old, rundown suspension bridge (which people have climbed up and committed suicide in the past). You can see it suspended in the air in the background of this picture (it's been suspended in the air like this since I was a kid):

I don't know if this investigation is related to HE at all, but I'm keeping my fingers crossed that it is.

There's a picture of the investigative crew on the bridge here...

http://wbtw.com/2016/02/17/horry-county-police-aids-solicitors-office-in-hwy-501-investigation/

Cujenn thanks for sharing the insider info. Would love to know what the sonar picked up. I'm sure LE divers will retrieve whatever it is down there, so maybe we will eventually know. And thanks for the bridge picture. Helps to have the visual..

 

[stillwatersc]

How would LE know to look there? Why are they searching near Heather's apartment if she was killed at PTL? LE definitely has some reason to be there but I just can't conclude it could be related to this case.

 

[JerseyGirl]

There is a lot of activity there, as seen in this picture.

I wonder why the Solicitor's office requested this search?!?! The last we heard from Jimmy was back in December:

15th Circuit Solicitor Jimmy Richardson's 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

 

[waltzingmatilda]

How would LE know to look there? Why are they searching near Heather's apartment if she was killed at PTL? LE definitely has some reason to be there but I just can't conclude it could be related to this case.
View attachment 89298

Hi stillwater! Is the 501 hwy between PTL and/or the M compound or Heather's apt.? It's been several years since I've been to MB but IIRC it is hard to see the area they are searching from the new bridge and it looks isolated. We have a place where the road ends on each side of the waterway where our old bridge used to be. People drive to the end of those dead end roads to fish but noone really goes there at night. I guess we could speculate all day but if hwy 501 is on the Moorer's route to PTL or Heather's apt then perhaps LE is on to something. The M's truck was moving faster after leaving PTL perhaps they were panicked pulled off and dumped Heather's body (ugg..I hate even thinking that). Speculation and JMO of course. Please everyone keep us posted on the FB babble, is there still a forum in the parking lot?

OT I can't believe that old bridge is still in the 'up' position. It's been that way since I moved to SE NC in 1987, LOL!