EVIDENCE - Pro and Con #2

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The only way this would be a good thing is if Heather has been found alive. I could embrace that, but I don't think that's the case. I guess they can't prove she's dead only can prove they kidnapped her and then she went "poof", gone! And prove that SM obstructed justice, probably the lies about when he last spoke with Heather. I'm really sick over this!
 
bestill said:
The only way this would be a good thing is if Heather has been found alive. I could embrace that, but I don't think that's the case. I guess they can't prove she's dead only can prove they kidnapped her and then she went "poof", gone! And prove that SM obstructed justice, probably the lies about when he last spoke with Heather. I'm really sick over this!
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I'm sick over it too, but I think there's another way this could be a good thing. If the state has a weak case, but take their chance with a jury anyway and the Moorers are found innocent, that's the end of that. If any new evidence turned up in the future, they wouldn't be able to retry them, because of double jeopardy. If they don't try them now, and that evidence turns up, there is no statute of limitations on murder, and they can finally lock the two of them up.

Just trying to find the silver lining.
 
I think it's a move to not risk double jeopardy. ....or....they have solid proof the M's kidnapped her and someone else finished the job?
......

I'm still nauseated at that news drop just now.
 
Surfside said:
I'm sick over it too, but I think there's another way this could be a good thing. If the state has a weak case, but take their chance with a jury anyway and the Moorers are found innocent, that's the end of that. If any new evidence turned up in the future, they wouldn't be able to retry them, because of double jeopardy. If they don't try them now, and that evidence turns up, there is no statute of limitations on murder, and they can finally lock the two of them up.

Just trying to find the silver lining.
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Yes, we have to believe the state is confident in their kidnapping case. I was reading the comments on the WMBF fb page and there are some good ones and some gloating ones from a certain family member.
 
Or...the old 'give them enough rope ' thing.
We all know TM isn't one to shut up.

It's a good thing that the kidnapping charges are still there and SM still has an obstruction of justice charge.

Just think about that.
 
ChristYTN said:
I think it's a move to not risk double jeopardy. ....or....they have solid proof the M's kidnapped her and someone else finished the job?
......

I'm still nauseated at that news drop just now.
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BBM Good point and most likely what happened.
 
I saw that certain person is making the rounds to all sorts of pages and posts.
 
Surfside said:
I'm sick over it too, but I think there's another way this could be a good thing. If the state has a weak case, but take their chance with a jury anyway and the Moorers are found innocent, that's the end of that. If any new evidence turned up in the future, they wouldn't be able to retry them, because of double jeopardy. If they don't try them now, and that evidence turns up, there is no statute of limitations on murder, and they can finally lock the two of them up.

Just trying to find the silver lining.
Click to expand...

bestill said:
Yes, we have to believe the state is confident in their kidnapping case. I was reading the comments on the WMBF fb page and there are some good ones and some gloating ones from a certain family member.
Click to expand...

bestill said:
BBM Good point and most likely what happened.
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That's actually been my gut feeling since not long after. Especially after a certain someone passed.
 
I'm wondering... they have their own charges but everything has been duplicate, they even appear in court together. Could this be a strategic move to recharge later, but also recharge in a way that breaks them apart and makes it so they are tried separately from each other?

Sent from my SM-N920P using Tapatalk
 
Surfside said:
I'm sick over it too, but I think there's another way this could be a good thing. If the state has a weak case, but take their chance with a jury anyway and the Moorers are found innocent, that's the end of that. If any new evidence turned up in the future, they wouldn't be able to retry them, because of double jeopardy. If they don't try them now, and that evidence turns up, there is no statute of limitations on murder, and they can finally lock the two of them up.

Just trying to find the silver lining.
Click to expand...
I agree. Wondering if prosecutor is just going to drag out the start of trial for the kidnapping and obstruction hoping for more evidence for murder.

Sent from my HTCD100LVWPP using Tapatalk
 
bestill said:
Yes, we have to believe the state is confident in their kidnapping case. I was reading the comments on the WMBF fb page and there are some good ones and some gloating ones from a certain family member.
Click to expand...
I read those. The gloating is pretty much from one family member. Sigh.
 
Surfside said:
I'm sick over it too, but I think there's another way this could be a good thing. If the state has a weak case, but take their chance with a jury anyway and the Moorers are found innocent, that's the end of that. If any new evidence turned up in the future, they wouldn't be able to retry them, because of double jeopardy. If they don't try them now, and that evidence turns up, there is no statute of limitations on murder, and they can finally lock the two of them up.

Just trying to find the silver lining.
Click to expand...

I posted exactly what you said, even the silver lining thing, but my iPad died. I thought this was my comment for a second. I agree and think you are exactly right. I also entertain that the prosecutor is hoping for a kidnapping conviction, and one or the other turning state's evidence for a shorter sentence.
 
SC only gets one bite of the apple and if they waste that bite and can't prove the charges then that's it forever. By dropping the charges now, the state still maintains the ability to charge them for murder in the future. However, clearly the state doesn't have enough evidence to prove their charges and who knows if they ever will.

Will the state also drop the kidnapping and obstruction charges? Remains to be seen. I could tell this case was weakening by virtue of the fact the solicitor was dragging his heels in litigating it. I wonder why they bothered to charge the M's in the first place.
 
Dockins said:
I posted exactly what you said, even the silver lining thing, but my iPad died. I thought this was my comment for a second. I agree and think you are exactly right. I also entertain that the prosecutor is hoping for a kidnapping conviction, and one or the other turning state's evidence for a shorter sentence.
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Great minds and all that. ;) They can get up to 30 years if convicted on the kidnapping charges.
 
lonetraveler said:
Don't understand how kidnapping charges are still in place

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Me either.
What do they suppose happened after they kidnapped her? They paid her a large sum of money to go away? They took her back to her car and she just vanished into thin air? She was abducted by aliens?
 
Are they still wearing the ankle monitors? Just a random thought after seeing the photo from The State link.
 
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