MISTRIAL - Sidney Moorer on trial for the kidnapping of Heather Elvis #5

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Motherof5 said:
I feel like people were shocked by PC's little interview. This clan has never complied with the gag order. Not even SM in the middle of his trial. What I find shocking or maybe just really stupid, is what PC says and not that she dares to speak. She has already said in previous interviews that the truck never left the yard and we've all seen video of it doing just that. We know that SM was out and about,he has admitted that and we have video. She lies. She is claiming that SM and TM are innocent because she was with them. OK, Polly, you were in the truck running around with SM? Put her on the stand!
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BBM - Now with that little interview, which is a video, I wonder if there is a retrial will/can the state call her as a witness? I wondered why they didn't in this trial. She has already given interviews in the print media and has given different alibis. She would be very easily impeached. Also, now that SM has proclaimed in a video interview that TM was in the truck, why can't he be compelled to testify? Isn't there something legally like he opened the door? Maybe not in his retrial, but possibly in TM's trial? I just can't see why these people lie in public, print, mainstream media and social media all the time and none of that can be used to show them for their true lying selves in a court of law?
 
[video]https://youtu.be/p7izb4gmNMI?t=17m[/video]

The Judge sums up the case. If only it had been a bench trial :(

I feel anybody who wasn't able to watch the full trial should really watch this and give the Judge a little break.
I feel he erred by allowing KT's friend onto the jury and we will just have to wait and see what the aftermath is.

I am curious to see if S & T will continue to breach the gag order with their FB between now and Sidney's contempt charge in September. I doubt it.
 
Coldpizza said:
Hung jury, mistrial declared in Sidney Moorer trial
Friday, June 24th 2016

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link

CONWAY, SC (WMBF) - After several hours of deliberation that began Thursday evening and continued for most of the day on Friday, 12 jurors could not reach a unanimous verdict and a hung jury was declared in the case of Sidney Moorer, who was charged with kidnapping in connection with the December 2013 disappearance of Heather Elvis.

In light of this development, there is a mistrial and the case against Moorer will have to be retried with a new jury.

Multiple jurors confirmed on camera that the jury was split: 10 in favor of a guilty verdict to two who argued for a not guilty verdict.

Moorer's attorney Kirk Truslow couldn't speak on when a new trial for Moorer would be held, and that the mistrial Friday would have no impact on the other charges. He told media at the courthouse that a change of venue will be discussed for the new trial.

"In a case like this, you want a resolution, for everybody," Truslow said. "If you have a firmly-held belief, you don't give it up just to get along," he added, speaking about the jury.

Media Thread

Social media thread

***Name calling or name variations is strictly prohibited.***

***No Facebook discussion on this thread please***
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25 hours, no power. Mistrial! :(
 
nerdgirl said:
All she said was victims apartment on River Oaks Drive... I'm sure that someone else on here knows that info though...
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River Oaks Golf Plantation --- White River Dr.
 
Bearkoda said:
Okay I am coming into this very late so forgive me if this has been discussed/isn't the right place but why the effff did these two have bail and why are they free right now with freedom to do whatever they want including post on Facebook??????
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Or why the judge allowed them to move to FL, which is where they currently live.
 
It doesn`t surprise me that the trial turned out the way it did. The biggest culprit was the judge. Why would a judge shake hands with the defendant (SM) That is way out of character. Then to allow a friend of the attorney to sit on the jury. That would have never happened in most cases especially one like that. I think that he has trouble with women and looks down on them by the way he treated Nancy Livesay by not letting her bring in the closing statement. I thought that she did an amazing job. He is a half a-- judge if you ask me. He loves telling stories and he loves throwing his weight around. They do need to have another trial for Sidney. Maybe take it out of Horry County where there will be a new judge and jury. Will Tammy still have her trial. I have been wondering that.
 
Ya know, I'm really not understanding the purpose of the gag order, especially now. If there hadn't been a gag order, would the public have found out about Longbeards? Could it have jogged someone's memory about something they might have seen or heard about? If the public knew about the surveillance camera issue (the ones at the M's house), would someone have come forward with photographs that show the existence of the system?

I'm just not seeing how the gag order is helping either the prosecution or the defense.
 
LBDunes said:
[/B]



I don't think Truslow's cross and defense rose to unethical standard, but some things he did were crappy. The crappiest was when he cross examined the kid and pointed out he smoked pot. Then he used the kid in the closing to try to help SM's credibility? He's a pothead who didn't remember when he saw cameras while SM had the white truck, but when he said the kind of phone SM had he was the all American boy next door?
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He was probably smoking weed with SM! Remember KT saying the kid said SM was cool but TM was controlling? He probably considered SM as a friend. I'm just glad that he kept his cool, was polite and didn't lie.
 
The Judge is the kind of person you run from at a cocktail party because if get caught you'll never get away. He probably doesn't have anyone that listens to him at home.
 
jellybeanz said:
[video]https://youtu.be/p7izb4gmNMI?t=17m[/video]

The Judge sums up the case. If only it had been a bench trial :(

I feel anybody who wasn't able to watch the full trial should really watch this and give the Judge a little break.
I feel he erred by allowing KT's friend onto the jury and we will just have to wait and see what the aftermath is.

I am curious to see if S & T will continue to breach the gag order with their FB between now and Sidney's contempt charge in September. I doubt it.
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I was one that was VERY ticked at the judge. I do believe he went into this thinking they were innocent and was definitely pro defense. I think after tho, he knows he's guilty and probably does regret some of his decisions. I still hate the handshake tho... unless he does that to EVERY defendant etc in his courtroom. I think a directed verdict would have gone with Guilty.
 
I found some information on deadlocked juries and mistrials that may be of interest. One of the links is from the Florida courts but it discusses the 'Allen Charge' (Allen v United States) requested by the state in SM's trial. Since we've had some discussion about the judge not sending them back to deliberations a second time and wondering why, the info below may shed some light on the court's view.

Link on SM's kidnapping trial referencing Allen:
http://www.wistv.com/story/32299013/day-5-jury-deadlocked-state-requests-allen-charge

Discussion of the Allen charge and courtroom coercion:
https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/21AC5A6D2909065085256ADB005D62F6

Some case law from SC when Allen was challenged (other cases are cited in the decision)
http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=3294

FWIW
 
nerdgirl said:
snipped by me....
"Judge R. Markley Dennis, Jr. was born in Moncks Corner, South Carolina on December 2, 1947. He is the son of the late R. Markley and Grace Smith Dennis, formerly of Pinopolis, SC.
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okay - everytime I see his name "Markley", I'm reading it as "Malarkey"...

:laughcry:

I also noticed that you all use soliditor instead of lawyer - is that "southern" thing?? :thinking:

So I guess we won't know for a while "when" the re-trial is, eh?

:wave:
 
Not southern. British maybe? The solicitor is the county prosecutor.
 
Niner said:
okay - everytime I see his name "Markley", I'm reading it as "Malarkey"...

:laughcry:

I also noticed that you all use soliditor instead of lawyer - is that "southern" thing?? :thinking:

So I guess we won't know for a while "when" the re-trial is, eh?

:wave:
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No we do know, the retrial is set for September! I'll go look for a link.

Sent from my SM-G920V using Tapatalk
 
Niner said:
okay - everytime I see his name "Markley", I'm reading it as "Malarkey"...

:laughcry:

I also noticed that you all use soliditor instead of lawyer - is that "southern" thing?? :thinking:

So I guess we won't know for a while "when" the re-trial is, eh?

:wave:
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It is "Solicitor" and that is the same thing as DA in other states.
 
nerdgirl said:
That is the trial for gag order violation...

Sent from my Nexus 7 using Tapatalk
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I'm a little confused about the September date. I don't believe SM would have an actual trial for the gag order violation. He would just go before the Judge.
 
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