MISTRIAL - Sidney Moorer on trial for the kidnapping of Heather Elvis #4

[Hoosgirl]

How does this not violate the gag order??

https://m.facebook.com/story.php?story_fbid=10153620309366720&id=17451671719

Sent from my SM-G930V using Tapatalk

 

[magnolia]

No records of what was said??? What about the witness statement (Bri) that told us a lot of what was said?? Were they expecting a recording? What a joke.

It's possible the Jury, for whatever reason, had a problem depending solely on Bri's testimony. They do have the right to reject all or part of witness testimony.

 

[Leader6518]

“If we were not doing a trial on circumstantial evidence, it would have been a much more way for us to sink our teeth into and come up with a proper verdict,” the juror explained. “But because of the fact there were so many what-ifs, ‘what if this happened,’ ‘what if that happened,’ and things of that nature, we were hopelessly deadlocked.”

The juror explained that when they first reported to Judge Markley Dennis that they could not reach a unanimous decision, and the judge asked them to deliberate longer, nothing changed. He says after another hour of talking the case over, no one changed their stance on whether they believed Sidney Moorer was guilty of kidnapping Heather Elvis.

The vote was deadlocked at 10 guilty votes and two not guilty votes, according to the juror.

http://wbtw.com/2016/06/24/juror-explains-mistrial-in-sidney-moorer-kidnapping-case/

sad day, sad that Heather didn't get justice and said that there are 2 people who didn't believe what we all saw.

Didn't they get that they should only be deciding based on the evidence? Not what if a little green man beamed down and took her? When you have the basic information, you don't need the nit picky details. I consider the computer forensics better than any eye witness. Just look at how the DT can twist words. Maybe if the data had been presented on the cell phones or the Internet they would have gotten it.

 

[TTF14]

I have a question along these lines... How have they supported themselfs? SM was a maintenance man, did/does TS work?
They went away for a months vacation, frequent Disney land and cruises, bought a new truck, took out $5000. from ATM.
I guess maintainance workers make mad bank?

I don't know, but piggy backing on this....are people allowed to declare bankruptcy if a large part of their debt is a bond?

 

[Kakidoll]

they think they are going to sue the county for this and make millions.....

 

[TTF14]

How does this not violate the gag order??

https://m.facebook.com/story.php?story_fbid=10153620309366720&id=17451671719

Sent from my SM-G930V using Tapatalk

Why would he care? His client didn't even get in trouble for doing it, and he's a criminal. This judge certainly won't care about the attorney. (BTW, notice KT made no mention of SM's innocence......he knows his client is as guilty as sin.)

 

[Leader6518]

Speaking after Judge Markley Dennis declared a mistrial in the case, jury foreman Fred Lang said the prosecution's case was largely based on circumstantial evidence, making the jury's job difficult.

"There were so many what ifs. What if this happened? What if that happened? Things of that nature," he said. "Even though the state was saying that there was a possibility of him being there, of him doing this, there was no concrete evidence of the fact it happened. We were questioning in our own mind: It could have been somebody else? We didn't do the what ifs."

Lang said the jurors got along, but both sides were convinced of their positions.

"The fact of the matter was we could not say this is the way it should be because we could not come to that consensus,” he said. “You have to be unanimous, 100 percent.”

http://www.myhorrynews.com/news/crime/article_0f1386d6-3a4f-11e6-a96a-cffb901d4c93.html

it’s up to Solicitor Jimmy Richardson whether the case will be tried again.

__

that's pretty sad, I believe the evidence putting SM there was THERE. What a shame. The jury should be ashamed.

Wasn't Fred Lang the D's friend? I thought the name was stated during the jur selection. I don't know why it sounds familiar.

 

[gregjrichards]

I am so very sorry to hear this news I have been checking in all day. What a terrible situation for Heather's family and friends they are in my prayers tonight. Many thanks to all of you for caring about Heather and for all your news updates and discussion. Special thanks to Coldpizza and all websleuths moderators for your assistance during this trial.

 

[1&2&3]

Having been with this case from the beginning, who else could have been responsible for the disappearance of HE? We have no other people involved. Her date earlier that evening was cleared immediately.

My biggest concern and complaint is there were too many ties/connections on the legal side. As a family friend, the judge should have recused himself and the friend of the defense attorney needed to be excused by the judge from being on the jury.

With much of this case being circumstantial evidence, I am not sure they can get a solid vote in the future. JMO.

Bless the Elvis family as there seems to be no end to their suffering.

 

[andalso]

I'm angry about the mistrial... I believe the impropriety of the judge caused it.

He shook the defendants hand, <mod snip>. Maybe then can set up a tee time too?

Geez.

Heather needs to be found, now!

 

[NFYIAMY]

At least (and unfortunately) both the solicitor and the defense attorney will be able to speak with jurors -- see what pushed those to vote guilty - and why those who held out for not guilty. Definitely information that can help the next trial.

 

[Leader6518]

Why would he care? His client didn't even get in trouble for doing it, and he's a criminal. This judge certainly won't care about the attorney. (BTW, notice KT made no mention of SM's innocence......he knows his client is as guilty as sin.)

The Ms have been breaking the gag order all along. Twisting facts and slinging mud. I am surprised there will be a hearing at all. I expected it to be just like Judge Perry in the CA trial. Baez was constantly doing underhanded stuff and all we heard from the judge is "after the trial" then crickets.

 

[NFYIAMY]

I'm angry about the mistrial... I believe the impropriety of the judge caused it.

He shook the defendants hand, <mod snip>. Maybe then can set up a tee time too?

Geez.

Heather needs to be found, now!

I can't seem to find a pic or link or video to this.......can anyone point me in the right direction?? Please

 

[1&2&3]

BBM I bet this guy was a NG juror, read his words. He was the forman, he probably wanted a hung jury to keep him from being found Guilty. All my opinion.

I agree with you in thinking he was one of the two. As I read his statement, I am thinking he is very calm, not pointing fingers, not what I expected to hear. The foreman would not be accusatory, I just felt his tone was off. After reading this, it even strengthens my belief that there will NOT be a retrial. MOO?

 

[DaleTray]

Not that any of you are this demented however, If you were in the Moorer's position right now, would you run?

Sent from my 5017B using Tapatalk

I wouldnt run. I havent researched the penalty but if SM is convicted I would guess he would serve no more than 5-7 yrs. If he even wants to oconsider running he should wait and ensure the state wants to prosecute again

 

[geevee]

Speaking after Judge Markley Dennis declared a mistrial in the case, jury foreman Fred Lang said the prosecution's case was largely based on circumstantial evidence, making the jury's job difficult.

"There were so many what ifs. What if this happened? What if that happened? Things of that nature," he said. "Even though the state was saying that there was a possibility of him being there, of him doing this, there was no concrete evidence of the fact it happened. We were questioning in our own mind: It could have been somebody else? We didn't do the what ifs."

Lang said the jurors got along, but both sides were convinced of their positions.

"The fact of the matter was we could not say this is the way it should be because we could not come to that consensus,” he said. “You have to be unanimous, 100 percent.”

http://www.myhorrynews.com/news/crime/article_0f1386d6-3a4f-11e6-a96a-cffb901d4c93.html

it’s up to Solicitor Jimmy Richardson whether the case will be tried again.

__

that's pretty sad, I believe the evidence putting SM there was THERE. What a shame. The jury should be ashamed.

This seems to be the reason for the raft of questions from the jury, including the meaning of reasonable doubt and circumstantial evidence - the foreman (aka friend of KT) wanted "concrete" beyond-a-doubt evidence and declared "reasonable" doubt without such. Yes, he is a true friend of the defense attorney alright, all he had to do was get one other person to see things his way so he didn't look like the only hold out based on his friendship rather than the evidence in the trial.

 

[jillycat]

To help prove why I believe our court systems need to do a better job of educating a jury about things before deliberations. Just look what happens in a lot of cases including this one. Questions come back to the judge regarding the jury instructions. I have seen many cases where the jury asks the judge about how they are supposed to interpret the evidence or other procedural jury instructions. It happened in this case.

I guess what I am trying to say is I think there is room for improvement to make sure the jurors really understand the procedural rules and how they are supposed to interpret the evidence in a case. Especially a circumstantial case or the more serious cases.
It happens way too fast and for a lot of people they have never been on a jury before so it just makes sense to me to give them really good instructions and make sure they understand before deliberations start.

It can only help and not hurt if that was to happen. The lack of a good understanding is what ends up hurting juries and cases and can even result in incorrect sentences for people.

I typed a response and Safari crashed and I lost it, so I'm frustrated, but basically what I said is, this case has problems beyond the jury instructions. However, I do agree that education in general about how the system works is sorely lacking, and IMO that education needs to flow from a far more stringent civics foundation than currently exists in this country. By the time you're seated on a jury, you should not be still trying to wrap your head around the meaning of rules of evidence or standards for burden of proof. These are basic concepts that underpin how a court functions under a democratic system.

 

[Hatfield]

Having been with this case from the beginning, who else could have been responsible for the disappearance of HE? We have no other people involved. Her date earlier that evening was cleared immediately.

My biggest concern and complaint is there were too many ties/connections on the legal side. As a family friend, the judge should have recused himself and the friend of the prosecuting attorney needed to be excused by the judge from being on the jury.

In one way it is odd how things turn out. This friend that was on the jury can now give the prosecuting attorney all the pros and cons that took place in deliberations. This will be a great asset in the state deciding whether to retry SM. It will also show what weakness the prosecuting attorney must improve on.

With much of this case being circumstantial evidence, I am not sure they can get a solid vote in the future. JMO.

Bless the Elvis family as there seems to be no end to their suffering.

Re BBM
But the friend on the jury was a friend of the defendents attorney. Which is why we were so upset he got on the jury. He probably wont tell the prosecution much at all IMO

"One of the jurors is a friend of Moorer's attorney, Kirk Truslow. While the state requested that he be dismissed, the judge said no, because the man said his relationship would not compromise his decisions."

http://www.wmbfnews.com/story/32259...tify-they-believed-heather-elvis-was-pregnant

 

[TTF14]

I typed a response and Safari crashed and I lost it, so I'm frustrated, but basically what I said is, this case has problems beyond the jury instructions. However, I do agree that education in general about how the system works is sorely lacking, and IMO that education needs to flow from a far more stringent civics foundation than currently exists in this country. By the time you're seated on a jury, you should not be still trying to wrap your head around the meaning of rules of evidence or standards for burden of proof. These are basic concepts that underpin how a court functions under a democratic system.

Jilly, what are your thoughts about Truslow's friend being on the jury?

 

[jillycat]

This seems to be the reason for the raft of questions from the jury, including the meaning of reasonable doubt and circumstantial evidence - the foreman (aka friend of KT) wanted "concrete" beyond-a-doubt evidence and declared "reasonable" doubt without such. Yes, he is a true friend of the defense attorney alright, all he had to do was get one other person to see things his way so he didn't look like the only hold out based on his friendship rather than the evidence in the trial.

I may have missed this, but is it confirmed that the friend of KT was the foreman and one of the NG's?