EVIDENCE - Pro and Con #2

[PeterThomasFan]

I'm so confused by all of this. What's your opinion of today's outcome, PTF?

I think it sounds odd that it was cancelled. I stated upthread that it seems (to me) like a "favor" was called in.

Strange that McCollum won't contest it (since it's so close to the trial date). I'm thinking he doesn't want to "stir the pot" heading into trial.

I need to look into this some more and will post my findings.

Does anyone know of any case studies off-hand where a gag order lasted throughout the entire proceedings? I know it happens quite frequently after a settlement is made in product liability suits. But, could you imagine if a gag order wasn't lifted until say, 10 years afterwards in a case like this? We would all go bonkers!

 

[SStarr33]

What I want to know is how often do trials actually happen on the first scheduled date?

 

[bestill]

Just an FYI on McNair Law Firm, considered one of the largest firms in the state and highly respected...http://www.mcnair.net/

 

[magnolia]

Sorry, was posting from my phone. I just meant motion to lift gag order.

When it was filed and put through the system, why wasn't it somehow flagged?

I think you meant Judge Dennis (not White).

Have no idea where I got White. :facepalm:

 

[magnolia]

What I want to know is how often do trials actually happen on the first scheduled date?

I can tell you this case won't hit a court room in May. IMO

 

[bestill]

I can tell you this case won't hit a court room in May. IMO

Agree, and I think the defense is going to want to prolong this too.

 

[SStarr33]

I can tell you this case won't hit a court room in May. IMO

That's what I figured which is why I don't understand why the defense is letting this go.

 

[PeterThomasFan]

March 17, 2014 - First bond hearing.

March 21, 2014 - Horry County grand jury indicted the Moorers on the murder and kidnapping charges.

March 21, 2014 - Gag order issued. The order, which was placed by Circuit Court Judge Steven John on March 21, prohibits all parties, including defendants, prosecutors and law enforcement agencies, from speaking to the media

May 23, 2014 - Bond denied for TM.

January 27, 2015 - Attorney for Tammy Moorer files motion to lift gag order in Heather Elvis case. http://www.myhorrynews.com/news/crime/heather_elvis/pdf_1cbf1048-aaea-11e4-80eb-9b31f0113bb8.html

January 30, 2015 - 3rd bond hearing for Tammy Moorer and 2nd hearing for Sidney Moorer. Motion to lift gag order was not heard. State also said they were not prepared.

February 25, 2015 - Gag order hearing set for March 4, 2015.

March 3, 2015 - Hearing for motion to lift gag order canceled.

M̶a̶r̶c̶h̶ ̶4̶,̶ ̶2̶0̶1̶5̶ ̶-̶ ̶G̶a̶g̶ ̶o̶r̶d̶e̶r̶ ̶h̶e̶a̶r̶i̶n̶g̶.̶ CANCELED

May 11, 2015 - Trial Scheduled.

---

BBM

February 2, 2015...

Judge John signed an order in December 2014 that grants Judge Dennis “concurrent jurisdiction” to hear matters related to the Elvis case, including the motion to lift the gag order.

http://www.myhorrynews.com/news/crime/article_9d1fab4a-a8b4-11e4-9ce5-831f894e0d5a.html

Kirk Truslow interview

[video=youtu;j0cZFfjVSvE]http://youtu.be/j0cZFfjVSvE[/video]

March 3, 2015...

Solicitor Jimmy Richardson said earlier that Circuit Court Judge R. Markley Dennis was to preside over the hearing in which defendants Sidney and Tammy Moorer were expected to appear at 9 am.

[...]

"An Order should be forthcoming from Judge Dennis. It is my understanding that Judge Dennis feels he does not have jurisdiction to change the Gag Order. Due to his ruling, there will be no hearing tomorrow at the Charleston County Court House," McCollum said.

http://www.wbtw.com/story/28252803/gag-order-remains-in-heather-elvis-case-after-hearing-canceled

Judge John signed an order in 2014 that grants Judge Dennis “concurrent jurisdiction” to hear matters related to the Elvis case. Including the gag order!

Where the confusion lies is beyond me.:scared:

to be continued...

 

[SStarr33]

Something's afoot.

 

[lovinlife83]

I have a feeling whatever the reason was for the sealed motion is the reason they aren't lifting the gag order. It must be something awful.

 

[SStarr33]

I have a feeling whatever the reason was for the sealed motion is the reason they aren't lifting the gag order. It must be something awful.

I'm not sure what sealed motion you are talking about, but I hope what is happening is that one of them is spilling the beans.

 

[bestill]

I have a feeling whatever the reason was for the sealed motion is the reason they aren't lifting the gag order. It must be something awful.

Awful for whom?

 

[OkieGranny]

http://www.wmbfnews.com/story/28252801/gag-order-hearing-canceled-in-heather-elvis-murder-case

The mother of missing woman Heather Elvis said she is relieved she doesn't have to make a trip to Charleston after the judge canceled a gag order hearing Tuesday.

Debbi Elvis said the focus is still on Heather and finding her. “The whole thing for us is locating our daughter and finding out what happened and who's responsible,” Elvis said.

“I just want to keep that focus on Heather and keep reminding people that this isn't about right now; it isn't about whether [the Moorers] are guilty or innocent, that will be decided in May,” she added. “That will be up to a jury, not everybody else.”

 

[PeterThomasFan]

Solicitor Richardson declined an interview stating, “I don't think it would be proper to be speaking about the motion when the judge has not even signed the order yet.”

http://www.wmbfnews.com/story/28252801/gag-order-hearing-canceled-in-heather-elvis-murder-case

Yet, Jimmy was interviewed on WMBF News tonight at 11 and told WMBF (yesterday) that he was worried that a lifted gag order would harm the State's case and possibly lead the Defense to seek a change of venue.

In the sit-down interview, he says, "With rampant coverage, it would be a lot harder to get a jury that hadn't at least heard or formed some sort of opinion if the gag order was lifted."

Then, McCollum is interviewed saying, "You could not have painted people in a worse light than Tammy Moore was painted or depicted prior to the gag order. So I don't know who could say anything more negative her at this stage. However the gag order prevents us from saying anything positive or really criticizing the State's case."
Then, WMBF Reporter, Michael Maley says he reached out to both Attorneys about canceling the hearing and the statement above (by Richardson) was given.

So then, what is with these interviews if there is a gag order in place? I don't get it.

The State's biggest fear by lifting the gag order is that the it will harm the case. How? And, that the Defense may request a change of venue. Really?

Sent from my iPhone using Tapatalk. Sorry for any typos!

 

[magnolia]

I'm not sure what sealed motion you are talking about, but I hope what is happening is that one of them is spilling the beans.

BBM-I think the time for that happening has passed. IMO

 

[stillwatersc]

However, Attorney Greg McCollum, Tammy Moorer's lawyer, said Tuesday afternoon that all parties involved were on a conference call on Tuesday instead.

"An Order should be forthcoming from Judge Dennis. It is my understanding that Judge Dennis feels he does not have jurisdiction to change the Gag Order. Due to his ruling, there will be no hearing tomorrow at the Charleston County Court House," McCollum said.

McCollum added that he does not intend to appeal the decision because the trial start date (May 11) is so close.

http://www.wbtw.com/story/28252803/gag-order-remains

MY OPINION - McCollum doesn't really want the gag order lifted because his client is too volatile. The Caison tribe is paying the fees and he has to do what they demand.

 

[PeterThomasFan]

MY OPINION - McCollum doesn't really want the gag order lifted because his client is too volatile. The Caison tribe is paying the fees and he has to do what they demand.

I hear what you are saying and respect your opinion. But, McCollum was the one contesting the gag order and said himself that he wants to dispute the state's claims. Without that ability, he cannot persuade people's perception heading into trial. And, lawyers are all about persuasion...


Sent from my iPhone using Tapatalk. Sorry for any typos!

 

[bestill]

I hear what you are saying and respect your opinion. But, McCollum was the one contesting the gag order and said himself that he wants to dispute the state's claims. Without that ability, he cannot persuade people's perception heading into trial. And, lawyers are all about persuasion...


Sent from my iPhone using Tapatalk. Sorry for any typos!

McCollum wants to garner sympathy for his clients, he knows that TM's "damage control" attempts back fired. I'm pleased the gag order wasn't lifted, but I did want to know what the defense was going to spin. And as you said, PTF it's all about persuasion for the defense, the state has the burden.

Heather deserves the truth! We may never know it or have all the answers, but I hope the ones that do know it will pay.

 

[PeterThomasFan]

McCollum wants to garner sympathy for his clients, he knows that TM's "damage control" attempts back fired. I'm pleased the gag order wasn't lifted, but I did want to know what the defense was going to spin. And as you said, PTF it's all about persuasion for the defense, the state has the burden.

Heather deserves the truth! We may never know it or have all the answers, but I hope the ones that do know it will pay.

He's just doing his job. As "slimy" as it may seem, everyone deserves proper legal representation. Whether McCollum is a great attorney, I have no opinion.

Both the State and Defense will need to persuade the jury. The State more in this case, IMO.

Typically though, it's the defense that will seek a gag order to protect their client and to have a fighting chance in court. So, why is it backwards in this case? What is the State protecting by having the gag order in place? Makes me wonder.

Is it that they don't want the trial to leave Horry County? Is it a pride thing? Or, do they want the gag order in place to protect the investigation and to remain secretive during the whole process while they build a case?

I'm more in favor of an open court system and total transparency from our elected public officials. I'm not liking the gag order myself because it does not allow the public to make any informed decisions or opinions of the job that's being done.

All IMO.

 

[LBDunes]

Interesting video.

https://www.youtube.com/watch?v=dezJrNcTqPo