Moorers' Bond Hearing

[SStarr33]

I'm going to take this story with a grain of salt. We know that the Caisons lied to LE about the reporter and it is a BIG freaking deal when you do that.

I don't believe much of what any of them say.

 

[Victory]

As a parent of a 15 year old, I would not want him speaking to reporters, or anyone else, about a serious situation like this. Although his grandmother may have custody of him, it is really still his parents who should have to consent to this type of interview. That being said, I'm sure his mother probably would encourage these types of statements- however, it continues to be a case of a minor being put in a position he should not be in. Highly inappropriate parenting, IMO. Speaking personally, and professionally, as a parent and a clinical social worker who works with teenagers, but, of course, MOO.

I wonder if SM's family has ever considered trying to get custody of the 3 children. I dont think they would have a problem doing so especially after this article.

 

[Knox]

I wonder if SM's family has ever considered trying to get custody of the 3 children. I dont think they would have a problem doing so especially after this article.

We know so little about them but as OG said, at least they've had the sense to remain silent in the media.

I do wonder how the children view Sidney's side of the family. Remember, Tammy spoke about the Moorer's in that Dis forum. She called them evil, or something to that effect, and said she and Sidney washed their hands of a relationship with them. It's not a stretch to think Tammy surely tainted her children's viewpoint of the Moorer's. What a nightmare for them too!

 

[NWLady]

I will alert the mods to this post of mine because I do not want to say something that is going to cause problems, but I will try and just be to the point and without added comments that I would like to say.

Regarding the latest newspaper article, would it be appropriate for the family members who are not adults to be appointed something like a guardian ad litem to look out for their best interest, versus the best interest of others involved?

And IF they are living in such fear in their current placement, maybe foster care or maybe placement with other family members would be appropriate at this time? Or maybe even a monitored, structured environment such as institution/facility for youth who need people around them capable of providing them with a loving, safe, clean environment, where they are free to be kids and enjoy the things kids should be enjoying, rather than wrapped up and involved in the situation they are currently in. JMO

I personally feel they more than likely have heard and seen and been subjected to wayyyyyyy more than any of them should've been. IMO, the dysfunction didn't all start over the relationship between SM and HE.

 

[ISWMLE]

off topic here...but something has been nagging at me since TM's bond hearing...i'm wondering if her attorney was for lack of a better term, floating a trial balloon...he made a comment that LE had the M's car for ten days in the very beginning and that there are misconceptions that hair, tissue had been found...is he saying that according to the lastest search, that dna has been found when it wasn't on the first inspection to try and make an argument later in trial that it could have been planted?

i'd like to know others thoughts and opinions?

 

[justonedrin]

off topic here...but something has been nagging at me since TM's bond hearing...i'm wondering if her attorney was for lack of a better term, floating a trial balloon...he made a comment that LE had the M's car for ten days in the very beginning and that there are misconceptions that hair, tissue had been found...is he saying that according to the lastest search, that dna has been found when it wasn't on the first inspection to try and make an argument later in trial that it could have been planted?

i'd like to know others thoughts and opinions?

well that would be a good try from the defense atty but since there were 2 trucks taken there is a forensic problem that they need to overcome--TM truck--the red one and SM truck the black one- he was most likely referring to the fact that the red one was retuned and hence there was no evidence found in the red truck.but that does not absolve TM from being involved in the evidence that was obtained from the black truck. imo.

 

[nosysw]

IF TM is preggo..........baby would be due in July??? She should be showing, right?? Anyone have pix of her belly from hearing???

Why do you think the baby would be born in July? I'm not sure I read anything other than that she's in her second trimester which could mean she's just over 3 months up to 6 months along, right? In any event every woman carries differently, so she might be losing weight from being on a more limited diet in prison, but putting on baby weight so it could be an even swap, IYKWIM.

However, I'm with most, in that I'm highly doubtful she's pregnant. Although, I could totally see her trying to get pregnant as just another manipulation to use against others. At her age, the risk of miscarriage is very high, so that may have happened quite some time ago, hence why she's refusing medical care.

 

[CarolinaMoon]

My heart goes out to the children. It's so obvious that their parents coached them to say things that fly in the face of the reality of which the LE has proof.

C can say his parents didn't go out that night, yet, there are all those surveillance videos of SM's truck heading out and coming back.

The kids didn't know they went out? Didn't LE discover that they were all sleeping in SM and TM's bedroom surrounded by weapons?

Not only have their parents coached them, but, IMHO, they are continuing to be coached by TM's family. It's so obvious.

If they are living in danger, they need to be placed somewhere safe and possibly de-programmed, at least the younger two. It is also obvious that they are being used by the Moorer family.

 

[Surfside]

But look at what the adults around these children are saying in front of them and how they are reacting. Not down-playing the seriousness of the situation, but look at some of the quotes from family in the news story. Not everything needs to be discussed in their presence. Who is looking out for THEIR best welfare?

Yep. This happens all the time, with just your run-of-the-mill, everyday situation. I imagine it to be far worse, under these extremely emotionally-charged circumstances. Kids see and hear far more than adults realize. You can try and teach them to do things a certain way all you want, but it's the actions of the adults in their lives, from which they truly learn.

 

[justonedrin]

from SC website
http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CriminalG.htm

8. Right to a Speedy and Public Trial

Article I, Section 14 of the S.C. Constitution, and the Sixth Amendment to the U.S. Constitution provide that the accused in a criminal trial shall have the right to a speedy and public trial. The right to a speedy trial is a right which can be waived. Waiver of such right is generally inferred where (1) the accused failed to make timely demand that he be either tried or discharged, (2) the court grants a continuance on motion of the accused or with his consent, or (3) the accused voluntarily entered a plea of guilty without raising the question of denial of a speedy trial. Wheeler v. State, 247 S.C. 393, 401, 147 S.E.2d 627, 630 (1966).

http://www.avvo.com/legal-answers/do-south-carolina-have-the-right-to-a-speedy-trial-1033376.html

The Defendant has a United States Constitutional Right to a speedy trial. Even if the State does not have provisions for a speedy trial. The United States Supreme Court in Barker v. Wingo, 407 U.S. 514, (1972) sets forth the considerations regarding the right to a speedy trial. In some states, (like Texas), there is no set time limit, or number of days which triggers a dismissal because of the denial of the right to a speedy trial. Other states like Arkansas do have time limitations from arrest until trial.

 

[Dr. Know?]

In this article from Horry News, it says both Tammy & Sidney waived their rights to a speedy trial on the kidnapping charges. Now I'll have to find where they waived their rights on the murder charge but believe they did.

Both Sidney and Tammy Moorer waived their right to bond hearings on the kidnapping charges on Monday, Feb. 24. They're due back in court March 17 for a bond hearing on the murder charges.

http://www.myhorrynews.com/news/crime/article_d584ebf6-9ff2-11e3-9efb-001a4bcf6878.html

 

[justonedrin]

with all due respect they waived the right to a bond hearing on the kidnapping charges. not waived a speedy trial. there was no need to try to get bond on kidnapping when they had been informed that murder charges were forthcoming. so they waived it.

the first trial date mentioned is quoted--Bond was set at $20,000 each on the obstruction and exposure charges on Saturday. A May 2 court date was scheduled for those charges, with trial on those charges tentatively set for June 27. end quote Im sure that is now a mute point.

no mention of any date for murder although its been stated it will occur in about a year.

I guess whenever they enter a plea would be the time to waive or not waive rights to a speedy trial.
and things slowwwwwwwwwly drag on ;o(

 

[justonedrin]

Hoppy---did you hear the Moorers enter pleas at the hearing in March?
I was watching all tweets but never saw it mentioned. I know please are entered at arraignments but I dont recall ever hearing of the appearances called arraignments. but maybe in SC that is the same as a bond hearing.

Do we have any legal posters who can help with these terms/procedures?
I really dont want to spend all day on google.

here is a simple article explaining the process--looks like pleas come before bond hearings so why have there not been any articles on the pleas?
http://criminal.findlaw.com/criminal-procedure/chronology-the-arrest-process.html

If you are placed in custody, you have the right to a "speedy trial," which usually means that the prosecutor must decide within 72 hours which charges, if any, will be filed. A prosecutor is not bound by the initial charge decision, but may later change the crimes with which you will be charged once more evidence is obtained.

Note: The required time in which a prosecutor must make a charge decision varies from jurisdiction to jurisdiction. While many state laws require the decision to be made within 72 hours, other states, such as California, require that the decision be made within 48 hours after you are taken into custody.

You will have an appearance in court called an arraignment at which point the charges against you will be read and you will be asked whether you plead guilty or not guilty.

Note: A third possible type of response to an indictment is that of "nolo contendere" or "no contest." Nolo contendere is not strictly a plea, but means that you do not contest the charges made by the government. The plea of nolo contendere cannot be used in other aspects of the criminal trial as an admission of guilt, but can be used only in the indictment phase as an implied confession of the specific offense charged and an admission of the facts stated in the indictment. A plea of nolo contendere is only accepted by a judge if they feel that it is being made voluntarily and intelligently.

If you are placed in jail, you may be able to get out prior to your trial if you "post bail." Bail is money you pay to the court in order to ensure that you will appear in court when told to do so. If you do appear as required, the bail will be refunded to you. If you do not show up, the court keeps the money and can issue a warrant for your arrest.

- See more at: http://criminal.findlaw.com/crimina...-the-arrest-process.html#sthash.ULmdsxM0.dpuf

 

[Makaroni]

Wasn't sure where to put this:

Moorer relatives struggling to cope with harassment during Heather Elvis case

http://www.myhorrynews.com/news/crime/article_cae5bb8e-e76f-11e3-9373-001a4bcf6878.html

sounds like they are preparing for more lawsuits ... I won't say much, or I'll get in trouble, but do these people ever shut up?? Most of the family members listed, as well as several others, run their mouths non stop on social media!! :banghead: Even LE thought the younger ones were coached because their stories conflicted one another!!! After reading this nonsense, my horry news just dropped down several notches ... :facepalm:

 

[CarmonCayman]

I hope they knew they didn't have to talk, without a lawyer. I also wonder why LE is calling children liars? Their parents have just been arrested, why were they being treated this way? And lying about what? It is completely possible the kids didn't hear anything that night. Sounds like LE is mad that they can't get the kids to testify against their parents. And why was the 8-year-old in the car? He wasn't allowed to sit outside the questioning room? Someone could have followed the car w/ the kids, and taken him.

It's not a fact that LE called the children liars. It's not a fact that they even spoke to them.

This is a statement from the kid whose parents are charged. What would you expect him to say? He's not going to say my dad had an affair and they went our and killed the girl. I would expect him to lie about what he saw and heard. They had two months to coach him and the others what to say. We don't even know if they were home the night heather was killed. We don't even know if they questioned the kids. I wouldn't believe anything they say in defense of their parents.

I'm sure they love their parents and would do whatever they are told and say whatever they are told to say. It is a shame they are being used by the family to get sympathy for the Ms. From all I have read and heard everyone feels bad for what Tammy and Sydney have pit the kids through and have nothing but sympathy for them.


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[eileenhawkeye]

It's not a fact that LE called the children liars. It's not a fact that they even spoke to them.

This is a statement from the kid whose parents are charged. What would you expect him to say? He's not going to say my dad had an affair and they went our and killed the girl. I would expect him to lie about what he saw and heard. They had two months to coach him and the others what to say. We don't even know if they were home the night heather was killed. We don't even know if they questioned the kids. I wouldn't believe anything they say in defense of their parents.

I'm sure they love their parents and would do whatever they are told and say whatever they are told to say. It is a shame they are being used by the family to get sympathy for the Ms. From all I have read and heard everyone feels bad for what Tammy and Sydney have pit the kids through and have nothing but sympathy for them.


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I believe CM that he and his sister were questioned. It does not sound that unbelievable to me. If LE thinks they are lying, and is getting frustrated, it is not a stretch to think they called a 15-year-old a liar, especially if his testimony could mess up their case. Why wouldn't they question the kids?

There is a difference about lying about what you saw/heard, and making up about an entirely fake story about being questioned by police. Nothing in his story is far-fetched.

 

[Dr. Know?]

I've heard enough twisting facts for the day.

Sidney lured Heather, we don't know
TE drove the car, we don't know
Oldest M son called a "liar", we don't know and there's a gag order so LE can't respond
No proof of HE being murdered at PTL, we don't know
and so on....

Come up with facts, backed up with links or proof of some kind. If not, the ignore button is your best friend everyone. It keeps me happy. :guitar:

Later, hope to see some progress on where Heather could be because all of the above are just distractions in a case we are limited in facts on.

jmo

 

[Ghostwheel]

IF TM is preggo..........baby would be due in July??? She should be showing, right?? Anyone have pix of her belly from hearing???

Being in the second trimester might mean she just hit 3 months, which means the baby could be due as late as November. I don't know many women who showed at 3 months, or that much at 4 months, and all of them were very skinny.

off topic here...but something has been nagging at me since TM's bond hearing...i'm wondering if her attorney was for lack of a better term, floating a trial balloon...he made a comment that LE had the M's car for ten days in the very beginning and that there are misconceptions that hair, tissue had been found...is he saying that according to the lastest search, that dna has been found when it wasn't on the first inspection to try and make an argument later in trial that it could have been planted?

i'd like to know others thoughts and opinions?

He was saying that there was no forensic evidence like a hair sample or tissue. This does NOT mean there wasn't evidence like a purse with Heather's fingerprints, anything that might have belonged to Heather or something that came out of Heather's car, or even a shirt with Heather's blood on it. And he might not know everything that they found yet, anyway, if it is still being tested. He also said "There’s no evidence to link Tammy Moorer to the disappearance or possible death of Heather Elvis. If any of the above items I mentioned were found at their house, that doesn't directly link TM with Heather, just someone in the household with Heather. Semantics.....

My heart goes out to the children. It's so obvious that their parents coached them to say things that fly in the face of the reality of which the LE has proof.

C can say his parents didn't go out that night, yet, there are all those surveillance videos of SM's truck heading out and coming back.

The kids didn't know they went out? Didn't LE discover that they were all sleeping in SM and TM's bedroom surrounded by weapons?

Not only have their parents coached them, but, IMHO, they are continuing to be coached by TM's family. It's so obvious.

If they are living in danger, they need to be placed somewhere safe and possibly de-programmed, at least the younger two. It is also obvious that they are being used by the Moorer family.

The problem here is that CM says that he didn't hear his parents leave. That doesn't mean they didn't leave. He might really not have heard his parents leave or other noises. They might not have always spent the night in the same room with their parents. But TM and SM obviously did leave, they admitted to it, and SM called Heather from the pay phone, so he wasn't in the house. (They obviously have proof of that, as well). If LE said to CM "Your parents admitted they went out." CM could construe that as LE telling him he was not telling the truth, when LE said nothing of the sort. LE simply said that even if CM did not hear his parents go out, his parents DID go out. Again, semantics. Then possibly the rest of the family gets all outraged and up in arms about how LE called CM a liar and the next thing you know, CM really believes it.

I also agree that the rest of the family is not helping the children at all. For what reason would any cousin need to be perusing any Facebook sites during that interview, especially one where someone would be posting a picture of either TM or SM with a bullet hole Photoshopped into it? Or EVER? You don't want to be upset, don't go looking at places that would have something to upset you. And you DO NOT show that to the person's children. Were these people raised in a cave?

JMO, as always.

 

[passionflower]

Why do you think the baby would be born in July? I'm not sure I read anything other than that she's in her second trimester which could mean she's just over 3 months up to 6 months along, right? In any event every woman carries differently, so she might be losing weight from being on a more limited diet in prison, but putting on baby weight so it could be an even swap, IYKWIM.

However, I'm with most, in that I'm highly doubtful she's pregnant. Although, I could totally see her trying to get pregnant as just another manipulation to use against others. At her age, the risk of miscarriage is very high, so that may have happened quite some time ago, hence why she's refusing medical care.

I guess I thought about Dec. as conception if it ever happened. Sex all over the city??? Just MOO

 

[OkieGranny]

I guess I thought about Dec. as conception if it ever happened. Sex all over the city??? Just MOO

My daughter was conceived on Christmas day and born in mid-September. She was full term, a healthy eight and a half pounds.

ETA: Uh, that actually may be TMI. :blushing: