GUILTY - Tammy Moorer trial for Kidnapping Heather Elvis, 8 Oct 2018 #2

[JerseyGirl]

Sidney and Tammy Moorer cases to be heard by different judges, SC Supreme Court ruling says

Supreme Court Justice Donald Beatty denied the request from the 15th Judicial Circuit Solicitor’s Office to move all the Moorers’ proceedings to one judge. The judge’s ruling notes the cases should be handled in "ordinary fashion" for Horry County General Session cases:

"The State has filed an Expedited Motion to Consolidate Jurisdiction of All Pending Indictments in a Single Judge or in the Alternative for Cases to be Handled by the Fifteenth Circuit Chief Administrative Judge of General Sessions. This motions is denied, and these cases should be handled in the ordinary fashion currently in place in Horry County for General Sessions matters. Nothing in this Order prevents the joinder of some or all of these charges in a single trial as to either or both defendants before The Honorable R. Markley Dennis, Jr., subject to the normal rules."

Tammy Moorer’s kidnapping trial is set to begin Oct. 8.

 

[Harmony 2]

Good morning!
I know most of us are emotionally invested in this case. Please be mindful of the following while posting:

1) No sleuthing of witnesses, family members or friends, including their background or their social media accounts.
2) No name calling or name variations.
3) When copying/pasting from articles be sure to only copy 10%. In addition, be sure to include links with photos.

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[Harmony 2]

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https://wildabouttrial.com/archives/tammy-moorer-trial-video-archive/

previous thread:
Tammy Moorer on trial for Kidnapping and Conspiracy to Kidnap Heather Elvis - 8 Oct 2018

 

[Harmony 2]

Expert’s, friend’s testimony continues in kidnapping trial for Tammy Moorer

Timeline of events in the Heather Elvis case

 

[spiritseeker31]

I'm just now getting home and watching today's footage, I hated that I couldnt watch it live! Anyway - The family friend of the Moorers - the drinking, getting high friend - I LOVED how she fit in "when they first got out of jail". The jury heard that and if I'm not mistaken that's not something they would know off the bat...or would it?

 

[cocomod]

Watching in interest. Wish I could watch live.

 

[Justice-seeker]

Did anyone catch when and where TM’s phone last pinged? I was watching live but missed some parts due to WiFi or streaming issues.
I know her phone showed no data for a certain amount of time but did they say where it stopped?

 

[Alethea]

I'm just catching up on the day but I saw the question on leading the witness:

An attorney can use leading questions on cross-examination or when there's a hostile witness. But it is discouraged unless you really have a difficult witness. It is not as effective with the jury compared to asking a carefully worded question and having the witness answer in their own words. If you have a witness who's just really hostile and a really big jerk and you just know they won't come off well in front of the jury then there's usually limited damage for really leading the witness when you're allowed to.

But if the witness is credible and seems honest, it can backfire and the jury will think the witness is being picked on and it can damage your own credibility. The last thing you want is for a fact to really be on your side but during deliberations the jurors discard it because they think you "tricked" the witness into saying it.

 

[Alethea]

The pregnancy test fact is weird. I think it has to be for Heather. If you are actively trying to conceive (like TM says they were), I can't imagine it would be a surprise where you'd need to go at 1am to buy a pregnancy test. I am currently trying to have a baby and I have a bulk package in my bathroom! Also would she really be drinking and smoking while possibly pregnant? Yikes.

 

[scapa]

The pregnancy test fact is weird. I think it has to be for Heather. If you are actively trying to conceive (like TM says they were), I can't imagine it would be a surprise where you'd need to go at 1am to buy a pregnancy test. I am currently trying to have a baby and I have a bulk package in my bathroom! Also would she really be drinking and smoking while possibly pregnant? Yikes.

I also think that risking the certain wrath of a TM presented with an 88c pregnancy kit is something SM just wouldn't risk. I'd fully expect her to have priced these out and demand only the best (and then blog about it). There's something contemptuous in it, which fits with her documented characterizations of HE and the themes of that fatal night -- confrontation, humiliation, physical assault. IMO.

 

[Bosslady1004]

I'm wanting to lean towards the LB dumpster theory but what about witnesses and people around? I do think however it happened they got lucky and weren't actually smart enough to pull off no one discovering her after this long. Also I believe TM did most of the thinking and dirty work.

 

[jillycat]

I just got caught up on the videos. So both TM and SM were at LB earlier on the timeline, then conveniently no phone data until SM's phone was at his house. And nothing for TM.

I've always thought the phone log is the story, and it's a matter of who had control of the phones and when. I've never thought HE drove to PTL, and have believed she was taken/harmed earlier on the timeline. I still think this is true. Remember when we were discussing this phone log/timeline issue early on after it was released, and it seemed that there was something missing on the timeline, then came his trial and we found out about the trip to LB?

LB is the most likely place for her to have met harm. It's never made sense to me that the M's would grab her at the landing and then head back toward their house. There's no evidence in that direction so I think it was well over by then because it happened earlier and in another place.

 

[Knox]

Figures this would be a busy period for me, and I can't watch or post. Overall what's the consensus guys? Is this trial going better than SM's? Do you all think we will see a conviction? What's the most she can receive if convicted?

 

[margarita25]

I'm wanting to lean towards the LB dumpster theory but what about witnesses and people around? I do think however it happened they got lucky and weren't actually smart enough to pull off no one discovering her after this long. Also I believe TM did most of the thinking and dirty work.

Welcome Bosslady1004.

Thank you very much everyone for the updates.

 

[margarita25]

I'm just catching up on the day but I saw the question on leading the witness:

An attorney can use leading questions on cross-examination or when there's a hostile witness. But it is discouraged unless you really have a difficult witness. It is not as effective with the jury compared to asking a carefully worded question and having the witness answer in their own words. If you have a witness who's just really hostile and a really big jerk and you just know they won't come off well in front of the jury then there's usually limited damage for really leading the witness when you're allowed to.

But if the witness is credible and seems honest, it can backfire and the jury will think the witness is being picked on and it can damage your own credibility. The last thing you want is for a fact to really be on your side but during deliberations the jurors discard it because they think you "tricked" the witness into saying it.

I’m glad as usual you are here, Attorney Alethea!

 

[margarita25]

Expert’s, friend’s testimony continues in kidnapping trial for Tammy Moorer

“On Wednesday, cell phone tracking expert, Michael Melson also testified. He said data showed almost daily communication between Sidney Moorer and Heather Elvis from July to November 2013.

Around the same time, communication between Tammy and Sidney Moorer ceased, Melson said. Tammy Moorer’s phone contacted Heather’s phone twice in that early November timeframe, he said.

“Pretty much communication between all three phones stopped,” Melson said.

In early December, both Tammy and Sidney’s phones were tracked on towers near the Titled Kilt, where Elvis worked, Melson said.

The night Elvis went missing, Sidney’s Moorer was mostly near his home, but was later picked up in locations on the north side of Myrtle Beach. Tammy’s phone records matched Sidney’s to indicate the phones were together, he added.

The phones were tracked near a Kangaroo Express around 1:00 a.m. the morning Elvis went missing, Melson said. There was no other phone activity until about 3 a.m. when the phones were tracked near the Moorer’s homes.

Melson said Elvis received a phone call from a payphone in the same area where the Moorers’ phones were tracked early Dec. 18. At 2:30 a.m., Elvis tried to call that payphone back. Around 3:15 a.m., Elvis’ phone was tracked near her home and Elvis called Sidney Moorer’s phone and that conversation lasted several minutes.

At 3:40 a.m., Elvis’ phone was tracked at a tower that serves Peachtree Landing where she made four phone calls to Sidney Moorer’s number.

There were no more phone calls by Elvis after that time, Melson said.”

 

[Niner]

You guys were WONDERFUL in your posts on explaining what was going on in the court room. You had me in suspense! Loved it!

jillycat - I agree with your theory! (Post# 12)

So - I noticed "no time" for when today's court starts!

How's the weather? No trial today, maybe?

 

[BAH]

So - I noticed "no time" for when today's court starts!

I thought I saw somewhere that it would start a little late, around 10-10:30. I cannot find where I saw that though. I think it was from one of the news tweets.

 

[Surfside]

Judge Culbertson said they would start as close to 10:00 as they can. As for the weather, we have a light rain, off and on, and our winds are currently sustained at 30 mph with higher gusts. Winds are expected to pick up to the lower 40s over the next few hours, and we should get heavier, more consistent rain. In other words, we have tropical-depression conditions that are expected to become low-end tropical-storm conditions. Once upon a time, that would have meant business as usual around here. These days, I'm not so sure. Fingers crossed.

 

[Niner]

Thursday, October 11th:
*Trial Continues (Day 4) (@ 10-10:30am ET) - SC - Heather Rachel Elvis (20) (Dec. 19, 2013; never found) - Tammy Caison Moorer (41/now 45) charged & indicted (2/27/17) with kidnapping & indicted (April 27, 2018) with conspiracy to commit kidnapping.
9/17/18 Update: South Carolina’s Supreme Court rejected an effort by Horry County prosecutors to move the cases of Sidney and Tammy Moorer under one judge. The decision seemingly paves the way for Tammy Moorer’s trial related to the kidnapping of Heather Elvis to move forward next week on 10/8. Defense filed motion for change of venue, but were denied.
10/8/18 Update Day 1: Pretrial motions started about noon with Judge Benjamin Culbertson granting the defense’s motion to sequester witnesses. The State could call Sidney Moorer. Defense asked for a change of venue, but judge denied. After more than 6 hours a jury has been selected. 12 jurors have been seated and two alternates were named. Jury is made up of seven men and five women. Two alternates, one woman and one man. Opening statements will start tomorrow morning 10/9.
10/9/18 Update Day 2: The judge denied the defense motion to all Sydney to wear non-jail clothing if he's called to the stand. Opening statements. Witnesses: Jessica Cooke, manager at the Tilted Kilt at the time where Heather also worked. Jody Davenport, co-worker. Stephen Schiraldi, Heather & him went out on a date Dec. 17, 2013. They interacted on social media prior to the date. Casey Guskiewicz. He's a Corporal with the Horry County Police Dept. was a patrolman that night. He found Heather's car that night (Dec. 18) at Peachtree Landing. Sgt. Danny Furr, with the Horry County Police Dept. (A Corporal in 2013). He says he was overseeing five officers on the night Heather went missing. Kenneth Canterbury, who works for HCPD. Ryan (or John) Keep, a records custodian for Sprint. Ryan Whitt, an employee for T-Mobile. Court ends back at 9:30am 10/10.
10/10/18 Update Day 3: Witnesses: Laura Garlitz, a realtor. She knows Tammy & her family. Her son went to school with Tammy's son. Amanda Nigro, works at Frontier Communications (dealt with pay phones some in Myrtle Beach). Michael Melson works for a company that analyzes cell phone software. He previously worked for NASA & as a contractor in the cell phone industry. He created a software that law enforcement agencies use across the country. Roxanne Love, a former SLED agent. Brian Wilson, a detective with HCPD. Carmen Rodriguez, formerly with the Horry County Sheriff's Office. Resuming a bit later tomorrow (10/11) depending on storm damage. No time given, IF there is court!