GUILTY - Sidney Moorer trial, Obstruction of Justice, Heather Elvis, 28 Aug 2017 #2 *Appeals Denied*

Sidney Moorer's parole hearing, Nov. 27, 2019 for obstruction of justice.
Any clue how that would work? If he were to be granted parole (which I highly doubt), obviously he wouldn't be released, since he's serving 30 for kidnapping and conspiracy. What would even be the point since he's serving all of these sentences concurrently? Would they grant him early release or something?
 
Not too sure IF this is happening - but I'll post it anyway....

Wednesday, November 27th:
*Parole Hearing (@ am ET) - SC - Heather Rachelle Elvis (20) (Dec. 19, 2013; never found) – Sidney St. Clair Moorer (38/now 43) are charged with obstruction of justice. Plead not guilty. Held without bond.
8/30/17: GUILTY of obstruction of justice for allegedly lying to investigators about phone call on night Heather went missing. Received 10 years with year served.
11/27/18: Parole hearing. The board voted unanimously to keep him behind bars. Was denied parole. Following a mistrial being declared in his June, 2016 kidnapping trial that was tied to Elvis' disappearance, Moorer will face a jury again on that count. A second trial will be held in Georgetown, but a date has not yet been set. Re-trial was set for 9/19/19 & was found guilty of kidnapping & conspiracy to kidnapping. Sentenced to 30 years to run concurrently.
11/27/19: Parole hearing.
 
https://www.myrtlebeachonline.com/article247538190.html

Dec. 1, 2020

One of the two people who kidnapped Heather Elvis from an Horry County boat landing in 2013 asked the state’s Supreme Court to toss one of his convictions in the case.

Sidney Moorer recently filed a request with South Carolina’s highest court to review his obstruction of justice case.
[.....]
Sidney was also convicted in 2017—during a separate trial—of obstruction of justice for lying to investigators about Elvis’ disappearance. A judge sentenced him to 10 years on that charge.
https://www.myrtlebeachonline.com/news/local/crime/article235222357.html
 
He tried an appeal back in July, 2020 and was denied per my notes:


7/1/20 Update: Appeal on obstruction of justice charge-denied. Moorer appealed his conviction of obstruction of justice for lying to law enforcement & leaving out information in the investigation into the disappearance of Heather. Moorer said the court made a mistake denying his motion for a directed verdict. The South Carolina Court of Appeals said the court did not make any mistakes in denying the motion & that Moorer was guilty of obstruction of justice based on the “substantial circumstantial evidence” provided by the state.
 
Moorer’s defense team has since submitted a petition for the South Carolina Supreme Court to review the Court of Appeals decision in the case.

The documents claim that the state failed to present any evidence that Moorer’s statements to police obstructed the investigation or any impact on any judicial proceedings.

They state that police could only point to one alleged lie from Moorer “when he denied using the pay phone to call Elvis which Petitioner [Moorer] corrected within ten seconds.”

Moorer’s defense team is asking for the state Supreme Court to review the case and ultimately direct a verdict of acquittal on the obstruction of justice conviction.

But if the S.C. Supreme Court denies the review, it means the Court of Appeals’ decision stands.
Sidney Moorer asks S.C. Supreme Court to review conviction in Heather Elvis case
 
Tuesday, May 17th:
*Appeals Hearing (re 2017 Obstruction) (@ 9:30am ET) - SC - Heather Rachelle Elvis (20) (Dec. 4, 2013, not found) – *Sidney St. Clair Moorer (38/now 48) charged (2017) with obstruction of justice. Plead not guilty. Held without bond.
8/30/17: GUILTY of obstruction of justice for allegedly lying to investigators about phone call on night Heather went missing. Received 10 years in prison with year served. 11/27/19: Parole denied. Appeal on obstruction of justice-denied. 4/4/2: Another appeal on charges.
Court info from 11/27/18 thru 12/1/20 reference post #14 here:
https://www.websleuths.com/forums/t...ather-elvis-9-sept-2019-appeal-2022-5.614970/

4/4/22 Update: He will have a hearing at the S.C. Supreme Court on 5/17/22 to fight the Court of Appeals decision to not overturn his 2017 conviction for obstruction of justice where he received him a 10-year prison sentence.
*Sidney St. Clair Moorer (38/now 48) arrested (2/23/14), charged & indicted (2/27/17) with kidnapping & indicted (4/27/18) with conspiracy to commit kidnapping. Plead not guilty. $30K Surety Bond.
Trial began on 9/9/19 with jury selection & trial ended 9/18/19 with guilty on both charges. Sentenced to 30 years for each count to run concurrently.
Court of Appeals: 4/13/22: The judges are expected to issue their opinion at a later date. Moorer also has another upcoming hearing at the S.C. Supreme Court on May 17, this one to overturn his 2017 conviction for obstruction of justice in the case, for which he received a 10-year prison sentence.
 

Moorer’s defense team submitted a petition for the S.C. Supreme Court to review the Court of Appeals decision and on Tuesday the justices heard arguments from Moorer’s attorney, Susan Hackett and the state’s attorney, Senior Assistant Attorney General Mark Farthing.

Hackett argued that despite Moorer’s lie about the payphone, it didn’t have an impact on the investigation or the search for Elvis.

“His statement, omissions and misrepresentations, anything you want to call them never prevented or hindered law enforcement’s investigation,” Hackett said. “They could have searched for a body. They knew she was missing.”

She added that none of the officers could say in any way how the lie could have impacted the investigation they were conducting and that Moorer ended up telling the truth about the payphone call.

But Farthing stated that Moorer only corrected it after he realized he had been caught in the lie and that there was something extra chilling about his lie.

“At that point in time, I think he’s telling that lie because he knows Heather Elvis isn’t going to be around to say that she was on that call and Sidney Moorer was the one that was calling her,” said Farthing.

He added that Moorer’s lie hindered the investigation where every second mattered in a missing person case.

“The officers explained when he lies to us in this investigation, every second matters, it’s a missing girl, every single second matters and when he lies about something as important about who initiated contact with her that night, they said, we have to go back and check every single, little thing that he said to us and pick it all apart,” Farthing explained.

Justice John Few also brought up an officer’s testimony during the trial that said if he had known Moorer had been on the phone with Elvis on the day she disappeared then the case would have gone from a general missing person case to a suspicious person investigation.

In the end, Hacket asked for an acquittal on the obstruction of justice charge, stating that the state didn’t provide enough evidence that a crime had occurred.

No word on when the S.C. Supreme Court will make a ruling on this case.
 
The video has been uploaded:
My (non-professional) observations:

- The Justices are very much up to speed on the case. The way the female Justice mimicked SM's statements to police made me laugh.

- The crux of what SM's lawyer wants is for the Supreme Court to narrow the definition of "obstruction of justice" to require that there be an impact on the "administration of justice". She does not think simply lying to police in the course of a police investigation should be considered obstruction. She says the State must prove how that omission/lie affected the administration of justice.

- One of the Justices raises the fact that one of the police officers stated had he known SM was on the phone with HE the night before from the outset, it would have been a suspicious persons investigation, not just a general missing persons investigation. SM's lawyer's response was "So what?" - she said his lie/omission ultimately had no impact. The female Justice states timing is critical - suggests police could have found a body before it was devoured by alligators "or whatever happened to this poor, unfortunate, young woman". Another Justice mentions the "goose chase" SM sent police on. His lawyer said SM admitted during the first questioning in the police car that he had talked to HE the night before and told them he deleted a voicemail message from her. She also points out how LE is allowed to make misrepresentations. She even put in her written submissions that SM's omissions actually helped the investigation (made police more suspicious of him which led to him admitting the truth). She suggests obstruction should only come into play when someone lies in a more formal setting, perhaps under oath.

- The lawyer for the State started out very confident and well spoken (more so than SM's lawyer). He pointed out that SM initially denied making the pay-phone call to HE and believes it's because he knew HE couldn't refute his lie but when police told him they had video of him, he then admitted it. He referenced the First 48 and how critical the beginning of an investigation is -- he said SM lied to try to shift the investigation away from himself. One of the Justices asks what if the motive was to keep his wife in the dark, and clarifies he's thinking of any case in general, where someone lies to the police but their motive is not mislead police but to protect their own interests. The other Justices then started asking tough questions. At this point, the State got flustered and wasn't so great responding. At one point, the State said it's a scary concept to say "I'm free of obstruction of justice if I disappear somebody and they are never able to find them so that I can say I had no impact on the investigation because they never found them". A Justice responded that it's scarier to him that someone who lies about something immaterial can be criminally charged. The Supreme Court is tasked with making a decision that applies outside of just this specific case.

- The police and State's position is that if SM didn't obstruct justice, the case would have gone to the Investigations Department sooner. SM's lawyer says Investigations guys are "suits & ties, 9-5" and they would have got the case at the same time the next morning regardless of SM's lies. She concluded by saying if the Court rules for the State, it will have "chilling effects" and she will have to advise her future clients who have made untrue statements to police prior to her involvement that if they want to come clean, they will be exposing themselves to 10-year obstruction sentences.
 

Moorer’s defense team submitted a petition for the S.C. Supreme Court to review the Court of Appeals decision and on Tuesday the justices heard arguments from Moorer’s attorney, Susan Hackett and the state’s attorney, Senior Assistant Attorney General Mark Farthing.

Hackett argued that despite Moorer’s lie about the payphone, it didn’t have an impact on the investigation or the search for Elvis.

“His statement, omissions and misrepresentations, anything you want to call them never prevented or hindered law enforcement’s investigation,” Hackett said. “They could have searched for a body. They knew she was missing.”

She added that none of the officers could say in any way how the lie could have impacted the investigation they were conducting and that Moorer ended up telling the truth about the payphone call.

But Farthing stated that Moorer only corrected it after he realized he had been caught in the lie and that there was something extra chilling about his lie.

“At that point in time, I think he’s telling that lie because he knows Heather Elvis isn’t going to be around to say that she was on that call and Sidney Moorer was the one that was calling her,” said Farthing.

He added that Moorer’s lie hindered the investigation where every second mattered in a missing person case.

“The officers explained when he lies to us in this investigation, every second matters, it’s a missing girl, every single second matters and when he lies about something as important about who initiated contact with her that night, they said, we have to go back and check every single, little thing that he said to us and pick it all apart,” Farthing explained.

Justice John Few also brought up an officer’s testimony during the trial that said if he had known Moorer had been on the phone with Elvis on the day she disappeared then the case would have gone from a general missing person case to a suspicious person investigation.

In the end, Hacket asked for an acquittal on the obstruction of justice charge, stating that the state didn’t provide enough evidence that a crime had occurred.

No word on when the S.C. Supreme Court will make a ruling on this case.

This is a great summary. Wish I saw it sooner -- would have saved me some time making notes, LOL!
 
The video has been uploaded:
My (non-professional) observations:

- The Justices are very much up to speed on the case. The way the female Justice mimicked SM's statements to police made me laugh.

- The crux of what SM's lawyer wants is for the Supreme Court to narrow the definition of "obstruction of justice" to require that there be an impact on the "administration of justice". She does not think simply lying to police in the course of a police investigation should be considered obstruction. She says the State must prove how that omission/lie affected the administration of justice.

- One of the Justices raises the fact that one of the police officers stated had he known SM was on the phone with HE the night before from the outset, it would have been a suspicious persons investigation, not just a general missing persons investigation. SM's lawyer's response was "So what?" - she said his lie/omission ultimately had no impact. The female Justice states timing is critical - suggests police could have found a body before it was devoured by alligators "or whatever happened to this poor, unfortunate, young woman". Another Justice mentions the "goose chase" SM sent police on. His lawyer said SM admitted during the first questioning in the police car that he had talked to HE the night before and told them he deleted a voicemail message from her. She also points out how LE is allowed to make misrepresentations. She even put in her written submissions that SM's omissions actually helped the investigation (made police more suspicious of him which led to him admitting the truth). She suggests obstruction should only come into play when someone lies in a more formal setting, perhaps under oath.

- The lawyer for the State started out very confident and well spoken (more so than SM's lawyer). He pointed out that SM initially denied making the pay-phone call to HE and believes it's because he knew HE couldn't refute his lie but when police told him they had video of him, he then admitted it. He referenced the First 48 and how critical the beginning of an investigation is -- he said SM lied to try to shift the investigation away from himself. One of the Justices asks what if the motive was to keep his wife in the dark, and clarifies he's thinking of any case in general, where someone lies to the police but their motive is not mislead police but to protect their own interests. The other Justices then started asking tough questions. At this point, the State got flustered and wasn't so great responding. At one point, the State said it's a scary concept to say "I'm free of obstruction of justice if I disappear somebody and they are never able to find them so that I can say I had no impact on the investigation because they never found them". A Justice responded that it's scarier to him that someone who lies about something immaterial can be criminally charged. The Supreme Court is tasked with making a decision that applies outside of just this specific case.

- The police and State's position is that if SM didn't obstruct justice, the case would have gone to the Investigations Department sooner. SM's lawyer says Investigations guys are "suits & ties, 9-5" and they would have got the case at the same time the next morning regardless of SM's lies. She concluded by saying if the Court rules for the State, it will have "chilling effects" and she will have to advise her future clients who have made untrue statements to police prior to her involvement that if they want to come clean, they will be exposing themselves to 10-year obstruction sentences.
That last statement is SUCH a pile of horse excrement. A client who chooses to come forward of their volition is not at all the same as the client who admits his lie when faced with the cold, hard, incontrovertible evidence of it.

She and those “chilling effects” really need to calm down.
 

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