Discussion in 'Heather Elvis' started by Coldpizza, Sep 29, 2015.
Please continue here
No trial date now. :shakehead::shakehead:
Thus the question mark :smile:
Wonder if I can get an update from My Horry News if I message them? I'm going to try!
bringing my post over from previous thread. Sidney will be in court on October 28 at 3:00 p.m. regarding the Toys-R-Us debt:
Sidney Moorer says he’s not responsible for more than $6,600 in debts incurred while in jail during the pending murder case. In an Aug. 21 answer to the suit, Moorer checked a box that says he denies responsibility for the debt.
“I was incarcerated on false charges and was unable to pay,” Moorer wrote in court records. “I want a trial.”
Moorer’s request for a bench trial has been scheduled for 3 p.m. Oct. 28 at the Horry County magistrate office in Surfside Beach.
It will be interesting to see how this plays out. In my mind, it doesn't matter why he could not pay. The point is, he has not paid. This company wants their money. If I remember correctly, the plantiff is a debt buyer. These companies are notorious for not showing up for court. If they do not show, Sid wins by default. IMO
I agree... debt collectors rarely show up to these proceedings.
However, if by some miracle, they did show up... I highly doubt SM would win this argument. The court doesn't absolve you of debts unpaid while incarcerated. It is your responsibility to keep your affairs in order, grant someone else the authority to act on your behalf in your absence, grant them power of attorney, etc... and claiming your finances fell to the wayside because you were detained is not a justifiable excuse--regardless of how you got there in the first place.
A trial date has not been set, though Richardson said recently he didn't anticipate the trial being called until sometime in 2016.
Kirk Truslow, attorney for Sidney Moorer, recently filed a new discovery motion in the Heather Elvis case.
The Sept. 24 motion is titled “second supplemental motion for discovery.” It asks prosecutors to “produce certain evidence as set forth in the memorandum of support of second supplemental motion for discovery,” according to the motion.
What is Richardson actually anticipating? New evidence to magically appear? A body to be found sometime between now and then? :thinking:
I always thought that Prosecuters are supposed to turn over all evidence they have to the defense. It sounds a little strange to me that this article implies the defense requesting specific evidence. I thought prosecuters are required to turn over all evidence they are going to use in the case.
Maybe I am wrong and maybe since prosecuters can pick and choose which evidence they are going to use in a trial then maybe the defense requests certain evidence they want to use which could be different than the prosecuters evidence they are going to use in a trial.
So maybe this is what this is about.
For example if the prosecuters have the truck tool box and don't have it listed as something they are going to use in the trial then maybe the defense can request to see the truck tool box because they may use it.
Also I think Richardson is just a court soliciter which I think is neutral. I think...LOL
"15th Circuit Solicitor Jimmy Richardson"
This is the part of the article that confuses me. Why is the defense having to request certain pieces of evidence? Isnt the prosecution supposed to turn over ALL evidence they have to the defense?
From link below:
"15th Circuit Solicitor Jimmy Richardson said he hasn’t seen the motion yet, but said prosecutors have turned over evidence as required by law anytime it’s been requested. As soon as we get it, we turn it over, Richardson said."
I think Richardson the solicitor is just saying as soon as he gets the evidence from the prosecution then he turns it over. But the strange thing to me is why is the defense having to request specific pieces of evidence through their motion. I always thought prosecution has to turn over everything without motions having to be filed.
Because the defense never knows what all evidence was even collected so how do they know what to ask for? Seems shady that they are having to request specific things.
The only guess I have is maybe this is being done before discovery rules and before the prosecution has to turn over their evidence. Maybe its just some preparation work by the defense and maybe defense knows LE has certain things and they may want it early to start preparation.
Can anyone help that knows more about court trial procedures to help tell us what is going on with these types of requests the article is talking about?
I sometimes wonder if an MHN employee has some sort of tie to Truslow. Or if he's just more willing to push the boundaries of the judge's gag order than everyone else.
I say this because nearly all of their updates involve him in some way. Actually, now that I think about it, they seem to be the only news organization talking about the case at all.
Either Truslow's office is passing along information or TM's attorney isn't as aggressive as Truslow is... either one. I can't even remember the name of her attorney at this point. Or has he been hired to represent them both now?
ETA: I Googled & found her lawyer's name--Greg McCollum. Both Truslow & McCollum have taken on at least one additional client who is facing serious charges in the past year... that I know about, off the top of my head. So, it's not like they don't already have their hands full. ---not that their caseload has any bearing on why the trial is delayed.
The two I'm aware of...
TRUSLOW: Hired to represent the 19-year-old GF of Alexander Turner--Chelsi Griffin. She's facing two counts of accessory after the fact of murder after her BF shot and killed his parents at the Landmark hotel (she was with him), and then attempted to extend his parents stay in the room. Then they took off with his parents credit card, drove to Walmart and purchased a TV, pawned the TV at a local pawn shop, used the money to buy drugs, and hid out at a friend's apartment near CCU. (The two friends who helped hide the couple are being charged with accessory after the fact.)
MCCOLLUM: Hired to represent Shelby Taylor. She's facing an attempted murder charge after her neighbors found a newborn baby (only a few hours old), wrapped in a plastic bag, inside a dumpster behind their apartment.
Great questions!! Wish we had the answers...
I think that since the defense is trying to get more info that they know something that we don`t. Maybe they know that the trial could be in the early part of 2016. And hopefully....Judge Dennis won`t be the judge for that trial. If he is.......it won`t have a good out turn. Look at what all he has already done and caused. Where are the Ms anyway? I understand that they didn`t get the job at Disney. How are they living and if they are still in
Fl. how can they live there without working. It is just one big mess thanks to Judge Dennis.
Charleston County unidentified remains are male according to the moderator of FB Brittanee Marie Drexel Still Missing.
The M's are so obsessed with Disney that they manufactured a story so that a judge would allow them to travel to Disney world with ankle monitors. You have to wonder when such an obsession becomes pathological. Do they have an uncontrollable need for Disney that must be satiated periodically? Or did Tammy just want to show up the Elvis family? And how is this blatantly going on right beneath the judge's nose and neither he nor the Horry County prosecutors are doing anything about it?
Jimmy Richardson stated that the bond modification "isn't the battle", and maybe it isn't, but it's still pretty embarrassing IMO that these guys are getting away with this. The M egos must be the size of Texas right now.
The above BBM....I think it's both. TM is a narcissist who gets what she wants or else and their egos...yikes!!
Separate names with a comma.