Trial date set for Sidney and Tammy Moorer? #2

[PeterThomasFan]

Isn't that pretty much everything?

<snipped>

One of the motions seeks to prohibit &#8220;the introduction of certain evidence,&#8221; and the court document outlines that evidence as: staged photographs of the Moorers posing with a firearm while on vacation; statements made by Tammy Moorer, in any form, to or about Heather Elvis or the Elvis family; all communication between Sidney and Tammy Moorer; all photographs explicit in nature obtained from the Moorers; and other prejudical and non-probative evidence. A motion was also filed attempting to &#8220;quash,&#8221; which means to annul or void, the obstruction of justice charge, and an additional motion was submitted seeking to prohibit the charges of kidnapping and obstruction of justice from being tried together, according to court documents.

The defense also wants to throw out &#8220;any evidence of hearsay statements purported to have been made by Heather Elvis,&#8221; including the testimony of Elvis&#8217; former roommate, Brianna Warrellmann, who was out of town when Elvis disappeared.

<modsnip>

http://www.myrtlebeachonline.com/news/local/crime/article71376877.html

 

[lonetraveler]

I would think that the court will only allow them to present their kidnapping case under SC's definition of kidnapping. I'm not a lawyer, but I can't imagine that the state can speculate beyond the charges and claim other charges would exist if only they prove them. Even if the court allowed such a direction, a prosecutor would be foolish to make a claim and then say he has no proof for it. JMO

Just the fact that Heather is not there to testify about the kidnapping itself is "an elephant in the room" for the jurors. Something so obvious will make the jurors fill in the blanks in their own minds. Should be interesting.

 

[Cricket99]

Isn't that pretty much everything?

<snipped>

One of the motions seeks to prohibit &#8220;the introduction of certain evidence,&#8221; and the court document outlines that evidence as: staged photographs of the Moorers posing with a firearm while on vacation; statements made by Tammy Moorer, in any form, to or about Heather Elvis or the Elvis family; all communication between Sidney and Tammy Moorer; all photographs explicit in nature obtained from the Moorers; and other prejudical and non-probative evidence. A motion was also filed attempting to &#8220;quash,&#8221; which means to annul or void, the obstruction of justice charge, and an additional motion was submitted seeking to prohibit the charges of kidnapping and obstruction of justice from being tried together, according to court documents.

The defense also wants to throw out &#8220;any evidence of hearsay statements purported to have been made by Heather Elvis,&#8221; including the testimony of Elvis&#8217; former roommate, Brianna Warrellmann, who was out of town when Elvis disappeared.

<modsnip>

http://www.myrtlebeachonline.com/news/local/crime/article71376877.html

Haha. Don't make me laugh. What a joke they are.

 

[lonetraveler]

I would certainly like to be on this jury but live an hour away in NC. May try to attend.

 

[Cricket99]

I would certainly like to be on this jury but live an hour away in NC. May try to attend.

I really hope it is at least on video.

 

[jillycat]

Isn't that pretty much everything?

<snipped>

One of the motions seeks to prohibit &#8220;the introduction of certain evidence,&#8221; and the court document outlines that evidence as: staged photographs of the Moorers posing with a firearm while on vacation; statements made by Tammy Moorer, in any form, to or about Heather Elvis or the Elvis family; all communication between Sidney and Tammy Moorer; all photographs explicit in nature obtained from the Moorers; and other prejudical and non-probative evidence. A motion was also filed attempting to &#8220;quash,&#8221; which means to annul or void, the obstruction of justice charge, and an additional motion was submitted seeking to prohibit the charges of kidnapping and obstruction of justice from being tried together, according to court documents.

The defense also wants to throw out &#8220;any evidence of hearsay statements purported to have been made by Heather Elvis,&#8221; including the testimony of Elvis&#8217; former roommate, Brianna Warrellmann, who was out of town when Elvis disappeared.

<modsnip>

http://www.myrtlebeachonline.com/news/local/crime/article71376877.html

Well, didn't think they were just going to show up at the kidnapping trial and fight it out there.

Obviously, they're wanting to dismantle the circumstantial case piece by piece.

I do wonder if the BW testimony will get the boot. I also wonder what the offer was.

 

[LBDunes]

Well, didn't think they were just going to show up at the kidnapping trial and fight it out there.

Obviously, they're wanting to dismantle the circumstantial case piece by piece.

I do wonder if the BW testimony will get the boot. I also wonder what the offer was.

BBM - I believe the offer was that SM would turn on the Mrs. That was stated in the bond reconsideration hearing by SM's attorney.

Yes they are trying to dismantle the whole case before the trial. Hopefully, they are reaching for the stars and will not get most of what they are asking for. I wonder too, if they will be able to have the friend's testimony thrown out. That would not be good. I think it is pivotal to connect the story line. Though in a way, I guess, it is just a second confirmation, that SM did call her that night. No matter what was said, Heather apparently went to PTL. The only bonus is if Heather told BW that SM wanted her to meet him at the landing.

 

[jellybeanz]

BBM - I believe the offer was that SM would turn on the Mrs. That was stated in the bond reconsideration hearing by SM's attorney.

Yes they are trying to dismantle the whole case before the trial. Hopefully, they are reaching for the stars and will not get most of what they are asking for. I wonder too, if they will be able to have the friend's testimony thrown out. That would not be good. I think it is pivotal to connect the story line. Though in a way, I guess, it is just a second confirmation, that SM did call her that night. No matter what was said, Heather apparently went to PTL. The only bonus is if Heather told BW that SM wanted her to meet him at the landing.

If B's phone connected with Heather's on that morning, then she is a part of the timeline.

She is one of the last people to have spoken to Heather, as evidenced with a however many minute call between them. She cannot just be airbrushed out of this.

 

[jillycat]

BBM - I believe the offer was that SM would turn on the Mrs. That was stated in the bond reconsideration hearing by SM's attorney.

Yes they are trying to dismantle the whole case before the trial. Hopefully, they are reaching for the stars and will not get most of what they are asking for. I wonder too, if they will be able to have the friend's testimony thrown out. That would not be good. I think it is pivotal to connect the story line. Though in a way, I guess, it is just a second confirmation, that SM did call her that night. No matter what was said, Heather apparently went to PTL. The only bonus is if Heather told BW that SM wanted her to meet him at the landing.

Whatever the specific terms, they weren't enough of an incentive so he's apparently advised by his lawyer to make no deals because his lawyer thinks he can get a dismissal or acquittal..

I guess we'll have to see what the court does with the hearsay argument.

 

[stillwatersc]

Isn't that pretty much everything?

<snipped>

One of the motions seeks to prohibit &#8220;the introduction of certain evidence,&#8221; and the court document outlines that evidence as: staged photographs of the Moorers posing with a firearm while on vacation; statements made by Tammy Moorer, in any form, to or about Heather Elvis or the Elvis family; all communication between Sidney and Tammy Moorer; all photographs explicit in nature obtained from the Moorers; and other prejudical and non-probative evidence. A motion was also filed attempting to &#8220;quash,&#8221; which means to annul or void, the obstruction of justice charge, and an additional motion was submitted seeking to prohibit the charges of kidnapping and obstruction of justice from being tried together, according to court documents.

The defense also wants to throw out &#8220;any evidence of hearsay statements purported to have been made by Heather Elvis,&#8221; including the testimony of Elvis&#8217; former roommate, Brianna Warrellmann, who was out of town when Elvis disappeared.

<modsnip>

http://www.myrtlebeachonline.com/news/local/crime/article71376877.html

statements made by Tammy Moorer, in any form, to or about Heather Elvis or the Elvis family

If TM had kept her big mouth shut, then this would not be necessary. Now the attorney has to try to protect Sidney from his idiot wife's rants. However all of TM's ravings and rantings should be included because they show motive.

 

[magnolia]

If TM had kept her big mouth shut, then this would not be necessary. Now the attorney has to try to protect Sidney from his idiot wife's rants. However all of TM's ravings and rantings should be included because they show motive.

BBM -- I wonder how the Judge will rule on this. The ravings and rants show motive on Tammy's part. However, she is not the defendant. This is not her trial.

 

[JerseyGirl]

Isn't that pretty much everything?

<snipped>

One of the motions seeks to prohibit “the introduction of certain evidence,” and the court document outlines that evidence as: staged photographs of the Moorers posing with a firearm while on vacation; statements made by Tammy Moorer, in any form, to or about Heather Elvis or the Elvis family; all communication between Sidney and Tammy Moorer; all photographs explicit in nature obtained from the Moorers; and other prejudical and non-probative evidence. A motion was also filed attempting to “quash,” which means to annul or void, the obstruction of justice charge, and an additional motion was submitted seeking to prohibit the charges of kidnapping and obstruction of justice from being tried together, according to court documents.

The defense also wants to throw out “any evidence of hearsay statements purported to have been made by Heather Elvis,” including the testimony of Elvis’ former roommate, Brianna Warrellmann, who was out of town when Elvis disappeared.

<modsnip>

http://www.myrtlebeachonline.com/news/local/crime/article71376877.html

also ...

suppress the testimony of expert witness Grant Fredericks and have any plea deal offers made to Sidney Moorer admissible to demonstrate the “inadequate investigation and handling of this case by law enforcement and prosecutor at the time, Donna Elder.”

another source:

http://wbtw.com/2016/04/12/attorney-in-heather-elvis-case-wants-key-evidence-thrown-out/

 

[stillwatersc]

BBM -- I wonder how the Judge will rule on this. The ravings and rants show motive on Tammy's part. However, she is not the defendant. This is not her trial.

IMO Sidney's motive is Tammy's goading/threats so her crazy rants could should motive for that.

 

[JerseyGirl]

BBM -- I wonder how the Judge will rule on this. The ravings and rants show motive on Tammy's part. However, she is not the defendant. This is not her trial.

I am curious about this, it's been discussed that T is posting as S on FB, but could all those postings be attributed to Sidney because it's his account?

 

[JerseyGirl]

This MSM link has links to the motions:

http://wbtw.com/2016/04/12/attorney-in-heather-elvis-case-wants-key-evidence-thrown-out/

Motion One: https://mgtvwbtw.files.wordpress.com/2016/04/moorer-motion.pdf
Motion Two: https://mgtvwbtw.files.wordpress.com/2016/04/moorer-motion2.pdf
Motion Three: https://mgtvwbtw.files.wordpress.com/2016/04/moorer-motion3.pdf
Motion Four: https://mgtvwbtw.files.wordpress.com/2016/04/moorer-motion4.pdf
Motion Five: https://mgtvwbtw.files.wordpress.com/2016/04/moorer-motion5.pdf
Motion Six: https://mgtvwbtw.files.wordpress.com/2016/04/moorer-motion6.pdf

 

[stillwatersc]

also ...

suppress the testimony of expert witness Grant Fredericks and have any plea deal offers made to Sidney Moorer admissible to demonstrate the “inadequate investigation and handling of this case by law enforcement and prosecutor at the time, Donna Elder.”

another source:

http://wbtw.com/2016/04/12/attorney-in-heather-elvis-case-wants-key-evidence-thrown-out/

I don't get the obsession with plea deals. I thought plea deals were very common, maybe even the norm. My co-worker was on a district grand jury and he said most prosecutions did not end in trial but were settled. IMO Tammy Moorer is pushing the attorney's to pursue this angle.

 

[Madeleine74]

They want to show Sydney turned down every opportunity for a plea deal and link that to the state having a weak case and an inept investigation of Heather's disappearance. Plea deals aren't a bad thing, but it's true that the state can use them to resolve a case they really don't want to take to trial for various reasons.

 

[magnolia]

IMO Sidney's motive is Tammy's goading/threats so her crazy rants could should motive for that.

I understand your point.I guess a lot depends on the State's reason for objecting to the defense's motion to suppress. I do think the defense may have a good argument on this. IMO

 

[magnolia]

I don't get the obsession with plea deals. I thought plea deals were very common, maybe even the norm. My co-worker was on a district grand jury and he said most prosecutions did not end in trial but were settled. IMO Tammy Moorer is pushing the attorney's to pursue this angle.

BBM-
I doubt Tammy would have any success in trying to push Kirk Truslow into pursuing anything. Sidney may have expressed an interest in pursuing this angle. After all, Truslow is his private attorney. I doubt Tammy had a say in the matter. :twocents:

 

[JerseyGirl]

The next court date in Sidney Moorer&#8217;s trial is April 18, where all pretrial motions will be heard.

http://www.wistv.com/story/31712623...te-evidence-in-trial-seek-to-quash-indictment