GUILTY - Sidney Moorer RETRIAL for Kidnapping Heather Elvis, 9 Sept 2019 #4

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@gitana1 professional opinion question for you. We were all recently pleasantly surprised to hear there is a rather new S.C. law re guilty parties being sentenced having 1 year to come forward with new evidence or information to have their conviction lowered. In this case that would be information leading to the whereabouts of her body. TM has less than 2 weeks to speak up or forever hold her peace. What is your experience with this? Is it a common law in most states? Does it ever work to get anyone to talk or get the other party ratted out?TIA
 
RSBM.

He definitely was not "sweet" in the first case lol. He was really rough on NL, the female prosecutor. REALLY rough. And he allowed a friend of the defense attorney on the jury. He was much better this time. Someone else can verify, but I believe this was his last trial. He is retiring.

Whoa. Thank God he gave an appropriate sentence.
 
@gitana1 professional opinion question for you. We were all recently pleasantly surprised to hear there is a rather new S.C. law re guilty parties being sentenced having 1 year to come forward with new evidence or information to have their conviction lowered. In this case that would be information leading to the whereabouts of her body. TM has less than 2 weeks to speak up or forever hold her peace. What is your experience with this? Is it a common law in most states? Does it ever work to get anyone to talk or get the other party ratted out?TIA

I've never heard of it before. It's confusing. So they get their sentence lowered but what if what they say implicates them in a more serious crime? Are they immune?

I think if they receive immunity it could definitely be appealing to some. But these two? I don't know. SM seems like the type who would rather sit in prison than have his kids know he's a murderer.
 
Also I think you should know that TM’s father died 3 days after TM and SM were Indicted. He had a violent history and was reported to have threatened people of the community while a search was on going for HE. His whereabouts the early morning of the disappearance are suspicious. There are many here on WS that believe he played a big part in the coverup and perhaps even was the one who got rid of the body.
I wish we knew what Nancy thinks about his role.
 
I've never heard of it before. It's confusing. So they get their sentence lowered but what if what they say implicates them in a more serious crime? Are they immune?

I think if they receive immunity it could definitely be appealing to some. But these two? I don't know. SM seems like the type who would rather sit in prison than have his kids know he's a murderer.

SECTION 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.

(A) Upon the state's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided:

(1) substantial assistance in investigating or prosecuting another person; or

(2) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.

(B) Upon the state's motion made more than one year after sentencing, the court may reduce a sentence if the defendant's substantial assistance involved:

(1) information not known to the defendant until one year or more after sentencing;

(2) information provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing;

(3) information, the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing, and which was promptly provided to the State after its usefulness was reasonably apparent to the defendant; or

(4) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.

(C) A motion made pursuant to this provision shall be filed by that circuit solicitor in the county where the defendant's case arose. The State shall send a copy to the chief judge of the circuit within five days of filing. The chief judge or a circuit court judge currently assigned to that county shall have jurisdiction to hear and resolve the motion. Jurisdiction to resolve the motion is not limited to the original sentencing judge.

HISTORY: 2010 Act No. 273, Section 13, eff June 2, 2010
Code of Laws - Title 17 - Chapter 25 - Judgment And Execution
 
I've never heard of it before. It's confusing. So they get their sentence lowered but what if what they say implicates them in a more serious crime? Are they immune?

I think if they receive immunity it could definitely be appealing to some. But these two? I don't know. SM seems like the type who would rather sit in prison than have his kids know he's a murderer.

BBM - I think that ship has sailed. I believe the kids know, or at least the older two know.
 
No wonder it was hung. I wonder if he got a lot of professional criticism for his actions.
I think his family also influenced him to do better. Nancy Livesay has a hearing problem, one reason she has a bit of a lisp, in the first trial he was very condescending about her not hearing everything. She can't help it. He was better this last trial. The reason it was a hung jury in his first trial, in my opinion, was there was a friend of his defense attorney on the jury, they claimed they could be partial but the other jury members spoke after the trial, they never said who it was but did say there was one juror that wouldn't be change their mind. We think it was that person.
 
I've never heard of it before. It's confusing. So they get their sentence lowered but what if what they say implicates them in a more serious crime? Are they immune?

I think if they receive immunity it could definitely be appealing to some. But these two? I don't know. SM seems like the type who would rather sit in prison than have his kids know he's a murderer.
I wonder if Sid could receive a sentence reduction (kidnapping & conspiracy), and immunity from prosecution (murder), if he told how Heather died and who did what?
 
No wonder it was hung. I wonder if he got a lot of professional criticism for his actions.

His family may have. During this most recent trial, after defense asked for a directed verdict and was denied, Judge Dennis made a little speech about why he was denying it and basically said Sidney was guilty as sin (but not in those words). The next day (or later that day, I forget) he said his daughter had admonished him for that and said it wasn't what he meant....(his daughter was watching the livestream).

Also, fun fact in case you didn't know. If you're a fan of reality TV at all, and in particular Southern Charm, Judge Dennis is Kathryn Dennis' grandfather.
 
His family may have. During this most recent trial, after defense asked for a directed verdict and was denied, Judge Dennis made a little speech about why he was denying it and basically said Sidney was guilty as sin (but not in those words). The next day (or later that day, I forget) he said his daughter had admonished him for that and said it wasn't what he meant....(his daughter was watching the livestream).

Also, fun fact in case you didn't know. If you're a fan of reality TV at all, and in particular Southern Charm, Judge Dennis is Kathryn Dennis' grandfather.
I think he is her Uncle not Grandfather?
 
Not yet. We are waiting!

I found the testimony from AC (Tammy's sister) about the alleged death thread. It is on this page, in part 2:

Watch Live: Tammy Moorer Kidnapping Trial Day 8

Around 1:46 - Testimony about a threat made to a former friend, Jennifer Barganier, begins. There are some objections and calls to the bench, and the full explanation probably begins around 1:50ish. Basically she and her friend had an argument about her friend not showing up to a "filming" and losing keys because she was in a drug house, and the friend filed a police report against AC, saying AC told her that her family had killed before and would do it again. AC states she never said that Jennifer later apologized and said Jennifer is one of her best friends now and "she will testify to this."

Also interesting in this video:

Around 1:10 she starts asking AC about Polly's car, the accident, etc. After watching this, I think someone (AC or TM) had to have made a statement at some point about Polly's car being inoperable because of an accident. Polly's car is somehow involved that night, I just don't know how. (AC testifies that in October, PC wrecked her car, and it got a salvage title so it was still driveable. There are texts proving TM was driving the car on 12/13. No reason to bring this up unless it contradicts a statement that PC's car was inoperable, IMO).

Around 1:20, NL asks a very good question about AC's memory being so good on the 18th because she was couponing. It's pretty funny because even AC knows she sounds ridiculous in her answer, and even glances at the jury (I'm assuming someone snickered on the jury). Her smirk tells it all!
Thank you for finding the murder info! I just keep thinking that post about Pollys car was made to cover up the fact it was used in the crime. I really thought I'd have some closure with this after the verdict. I think I have even more questions now. I can't even begin to fathom what the Elvis family is going through. I'm a stranger and this has affected me for 6 years. All I know is, that family is so much better than I am. They are literally saints in my book, because I would have been at that compound taking care of business. Prison wouldn't even scare me.
 
RSBM.

He definitely was not "sweet" in the first case lol. He was really rough on NL, the female prosecutor. REALLY rough. And he allowed a friend of the defense attorney on the jury. He was much better this time. Someone else can verify, but I believe this was his last trial. He is retiring.
And..how can we forget...he left the bench to shake the hand of SM! So sick and disrespectful to the court and Elvis family imo
 
BBM - I think that ship has sailed. I believe the kids know, or at least the older two know.
There is no way those kids didn't overhear something being said--at a minimum. They know all about the affair. They know all about TM and her nasty sex life. How do we know they know? Because these sick people let their CHILDREN sit in court and hear it all. They also got to read things she posted on her FB publicly. No shame in her game.
 
That is the speculation by many here. At the very least TM’s sister was elbow deep in this and purged herself under oath. Some believe that even more of the family is involved. At least after the fact.
Also it was recently discussed that either TM or her sister were posting here on WS under a “coupon” screen name. Quickly shut down by administrators.
Grrrr..... Figures!! I knew that was one of them!!!
That makes me crazy. Those post were were so obvious!!
 
There is no way those kids didn't overhear something being said--at a minimum. They know all about the affair. They know all about TM and her nasty sex life. How do we know they know? Because these sick people let their CHILDREN sit in court and hear it all. They also got to read things she posted on her FB publicly. No shame in her game.
Annnnd got busted!! Lol!!!
 
Fascinating case. Some observations:

1. I'm struck by how odd the process is there. Most places give time for sentencing and mitigation after verdict. And defendants get to put on witnesses at mitigation. Neither TM nor SM had anyone speak in their behalf and the mitigators were weak.

2. Gosh I love that old SC accent the judge and Nancy Livesay have. I think it's disappearing a lot with the younger generations but it's pretty. It's like the southern equivalent to the Boston Brahmin accent.

3. The judge in SM's retrial was super sweet and gentle. I never heard of a judge sort of nodding along or making comments during victim impact or sentencing statements.

I can't believe he was able to preside over trial despite knowing SM's parents. Seems he had a lot of sympathy for SM and his family, which was somewhat disconcerting. And really felt TM was the witch who orchestrated everything and controlled SM.

But he didn't seem to let those feelings affect his sentencing which was appropriate.

4. Heather's sister is very articulate and super sensitive.

5. Did I hear the dad say he would be willing to let SM walk if he would tell where his daughter is?

Don't let that accent fool you. I grew up in the south and got out as fast as I could. Moved to San Diego with a boyfriend at 18, much to my parents' chagrin. Eventually spent 26 years in NYC, which I consider my real home--diverse, active, direct, no bs (for the most part). "Bless her/his heart" means just the opposite in the south.

As others have said, Judge Dennis was awful in SM's first trial. He should have recused himself when it came out that he had a connection to SM's parents (which he openly admitted when he sentenced SM after this trial--even saying that knowing his parents and upbringing mitigated against sentencing his 30 yr. terms to run consecutively). He allowed a friend of the defense attorney on the jury (wouldn't allow the prosecution to use one of their exemptions). Who does that? He actually cut off NL's closing argument. I don't know if anyone else picked up this time on his saying that he'd never cut off an attorney's closing argument, oh, but maybe once or twice when they were going on too long (paraphrased). NL's eyes must have rolled into the back of her head with that bs. Never trust a southern accent. The sweetness can hide cunning that you would not imagine. (And I say that with my family going back generations in VA, NC & SC--my mother's family to the revolutionary war in SC.) All MOO.
 
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