GUILTY - Tammy Moorer trial for Kidnapping Heather Elvis, 8 Oct 2018 - #9

[Surfside]

Don’t forget also TM has let the Jury know her husband is sitting in jail right now for lying in regards to this case. That must give them some food for thought when considering TM’ testimony?

RSBM: Exactly! I believe I would be thinking, a jury before me had to sit through a bunch of this same stuff and found that the defendant's husband was trying to cover up details of the case.

 

[Madeleine74]

I sure hope the jurors are able to focus on all the evidence and not get fixated on the 1 rebuttal witness. Although he did show there are 3 easy steps to changing a FB post and those instructions have been entered as an exhibit, so the jury will have that to look at.

But if the jury does what I see some doing--focusing solely on 1 point of 1 ending witness then I don't have faith in this jury to be able to deliberate.

 

[Sun]

What any one person may see on their own computer, or device, could depend on so many things (settings, OS, browser, ad/popup blockers, just to name a few).

What is clear to me, neither the defense nor the State had a records custodian from Facebook, take the stand and authenticate records. Maybe it can't be done. I don't know. I just know it wasn't done by the defense.

 

[Surfside]

Well if the state's *entire case* hinged on this 1 rebuttal witnesses testimony and specifically "time change of a FB post", I'd say the state's case was in dire trouble already.

Let's not forget there were a couple dozen witnesses already testifying to things that happened, things that TM couldn't possibly change. The jury will be reminded of all of that.

It's easy to get fixated on the thing you just saw and heard, but this is about the totality of the evidence, not one utterance (albeit incorrect) from 1 rebuttal witness.

I don't have anything to add, Madeleine. I just thought a "like" seemed insufficient.

 

[Myvice]

Does anyone have a link that showed the rebuttal witness in its entirety? TIA!

 

[jillycat]

Hopefully, Heather sees a new day in the justice she deserves. But right now, the state has a nolle pross on murder charges and a mistrial on its resume, so how we view this vs how a jury views it based on the charges and their instructions may be very different.

 

[Gardenista]

From today, it sounds like the State is going with the pregnancy test found at Heather's home was the one they bought at WM.

 

[Soulmagent]

The difference in time from Tammy's picture to the State's is one hour exactly. I tested changing the time and date and afterwards a little clock shows up beside my post time and shows when I originally posted the test post. Then I changed the time on my laptop to a different time zone and date , made another post and the post is timed correctly by Facebook . I believe 100% that the State's time stamp on their photo is the correct time. Did Tammy photoshop the little clock out of her picture ? Or did the state not know to look for the little clock ?

They should have I said something about the clock on the day AC took the stand and i learned about it on WS years ago. So they have to know about it.

 

[Gardenista]

I don't get the clock when I change a post. It must depend on app, device, browser or something.

 

[Richmond]

Brad, did answer the question - yes the dates can be changed and he should have left it at that. His wrong response makes the state look incompetent, IMO.

Mistakes like this are inexcusable. Brad will catch a lot of heat from this stupid answer.

I think the prosecutor should know the answer to the question before it is asked. That's on the prosecutor, not the witness.

 

[Delta Dawn]

From today, it sounds like the State is going with the pregnancy test found at Heather's home was the one they bought at WM.

That is the very first time I heard that. I had wondered all this time, is the box the same brand that Sidney bought at Wal-Mart? And today seemed to say it was. That is HUGE for me.

 

[escape2sc]

Regarding Tammy's spew about the time being wrong due to daylight savings time. Actually , all the jurors have to understand is Facebook automatically adjusts the time, the same way their cell phone automatically adjusts the time when daylight savings time changes.

 

[Soulmagent]

I don't get the clock when I change a post. It must depend on app, device, browser or something.

But people who read you post can they see a clock? I have seen the clock but only on a friends . I have never tryed to edit a time.

 

[Liebchenmutti]

From today, it sounds like the State is going with the pregnancy test found at Heather's home was the one they bought at WM.

Or was it to show that HE thought she was pregnant & took a test. Maybe she took the positive test to show SM & SM bought the one at Walmart to confirm the pregnancy.

 

[JerseyGirl]

Personally, I think they will find her guilty. No way will it be a mistrial. I believe it was only a mistrial in Sidney's kidnapping case because the defense attorney had a friend on the jury and, I believe, that friend and another is what caused the mistrial. If that weren't the case, I believe he would have been found guilty, too.

Here is some info on what the jury did in deliberations for Sid:
Mistrial declared in trial for Sidney Moorer, charged with kidnapping of Heather Elvis

 

[bestill]

My nerves... I do not want to see this woman walk free.

Me either. From a locals perspective it's going to be horrible if she gets off.

From today, it sounds like the State is going with the pregnancy test found at Heather's home was the one they bought at WM.

TM seemed like she didn't quite know what to say about that when NL brought it up. She didn't know how to appropriately react, imo.

 

[dixiegirl1035]

Someone correct me if I'm wrong please, but looking at the dates/times on TM's posts for the night Heather disappeared, it doesn't look like Tammy has proven she was posting on FB at the "right" times anyway, even if she did change stuff, unless we believe her about DST. I DO think she changed some stuff because some comments from her friends appear before the timestamp on the posts (in at least one instance), but I'm still not seeing how this proves what she thinks it does. I'm also confused at this point what the jury has actually seen of her Facebook.

One thing is CLEAR from this case. Facebook is no alibi.

When was it put into evidence that the comments were not coinciding with her posting? That is my question.

 

[dixiegirl1035]

The difference in time from Tammy's picture to the State's is one hour exactly. I tested changing the time and date and afterwards a little clock shows up beside my post time and shows when I originally posted the test post. Then I changed the time on my laptop to a different time zone and date , made another post and the post is timed correctly by Facebook . I believe 100% that the State's time stamp on their photo is the correct time. Did Tammy photoshop the little clock out of her picture ? Or did the state not know to look for the little clock ?

Or could she have stated on her Facebook in the profile page that she was from a different time zone at some time?. And therefore it would have changed such? I think the state was unprepared and I'm disappointed.

 

[UndiscoveredTruth]

I wouldn't. But I've watched this woman lie and do weird and outrageous things for almost five years. The evidence is compelling, but it only takes one holdout to hang a jury. We know this first hand, we've been through this with Sid's trial. I was hoping for a stronger close, but she was a difficult witness!!

BBM: A friend of Truslow's was on the jury in SM's trial though! Had he not been, I believe SM would have been found "GUILTY". Correct me if I'm wrong, but I think it was 10/2--not hard to believe Truslow's friend was able to sway one other juror either! MOO

 

[roxy roller]

I have participated in and sat through many jury trials, and I don't have a good feeling about this one. I have been wrong, though! Let's hope I'm wrong for the sake of my sanity! I was not able to see the jury, so I am just basing this opinion on what I feel was a lackluster performance by the state. I think Ms. Nancy is great, but I think the state could have been more prepared.