The attorney for Sidney Moorer, who is charged in connection with the disappearance of Heather Elvis, is seeking to prohibit certain evidence, hold separate trials on Moorer’s remaining charges and suppress testimony by Elvis’ former roommate during the trial scheduled for this summer.
Attorney Kirk Truslow filed the motions and another to annul an obstruction of justice charge Monday.
Moorer is expected in an Horry County courtroom next week when the motions will be considered. Truslow could not be reached for comment Tuesday.
Moorer, 40, and wife Tammy Moorer, 43, faced several charges related to the disappearance of Elvis, who was last seen in December 2013. The murder charges were dropped March 10 by the Horry County Solicitor’s Office, along with the obstruction of justice charge for Tammy Moorer. Indecent exposure charges against the couple were also dismissed.
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Sidney Moorer still faces kidnapping and obstruction of justice charges, while Tammy Moorer still faces a kidnapping charge. No trial date has been set for Tammy Moorer.
One of the recently filed motions in Sidney Moorer’s case seeks to prohibit “the introduction of certain evidence,” including staged photographs of the Moorers posing with a firearm while on vacation; statements made by Tammy Moorer, in any form, to or about Heather Elvis or the Elvis family; all communication between Sidney and Tammy Moorer; all photographs explicit in nature obtained from the Moorers; and other prejudical and non-probative evidence.
A motion was also filed attempting to “quash,” which means to annul or void, the obstruction of justice charge, and an additional motion was submitted seeking to prohibit the charges of kidnapping and obstruction of justice from being tried together, according to court documents.
The defense also wants to throw out “any evidence of hearsay statements purported to have been made by Heather Elvis,” including the testimony of Elvis’ former roommate, Brianna Warrellmann, who was out of town when Elvis disappeared.
“The defense submits that State witness Bree Warrellman’s [sic] testimony as to her telephone conversation with Heather Elvis, and more particularly what Heather told her, is inadmissible hearsay,” the document states.
On Dec. 18, 2013, the day Elvis was last heard from, Sidney Moorer spoke to Elvis from the payphone at Mr. Joe White Avenue in Myrtle Beach for more than four minutes, authorities said.
Elvis then called a friend after that call and said Sidney Moorer was leaving his wife and wanted to resume their relationship, according to authorities.
After the phone call with Sidney Moorer, Elvis remained at home, but later left for Peachtree Boat Landing in Socastee where her car was found abandoned the next day, officials said.
The defense also goes after the Horry County police and former Elvis case prosecutor Donna Elder in a court document that is labeled as a response to state plea negotiations.
The document states an offer made to Sidney Moorer should be admissible, and goes on to state: “In particular, it would be admissible to show a true picture of the conduct, bias, and immensely inadequate investigation and handling of this case by law enforcement and prosecutor at the time, Donna Elder.”
A motion was also filed March 28 to suppress one of the state’s proposed expert witnesses, Grant Fredericks, according to court documents.
Fredericks, a contract instructor of video sciences at the FBI National Academy, is a certified forensic video analyst and is recognized as a leading instructor in the science of photographic/video comparison, reverse projection and vehicle speed analysis, according to a profile about him on a website for Forensic Video Solutions.
These motions are set to be heard in the courtroom of Circuit Court Judge Markley Dennis on Monday at the Horry County courthouse.
After their arrest in February 2014, the Moorers remained jailed through 2014. Tammy Moorer was released in January 2015 and Sidney Moorer was released in February 2015 after bond was set at $100,000 for each of them by Dennis, according to records.
The Moorers received permission to move to Florida in September after saying they found work in the Sunshine State. Though the couple relocated, they remain under restrictions there, including home detention monitoring, and they must also provide officials with their home and work information and must alert them immediately if anything changes, among other stipulations, court records show.
The Moorers also face unrelated charges on Medicaid fraud, records show.
Juror questionnaires and summons are set to be sent out by the Horry County Clerk of Court in May, and the case is scheduled to go to trial, if a trial is still necessary, in June, according to the scheduling order in the case.