A man accused of stonewalling an investigation into the case of Heather Elvis, who has been missing since Dec. 18, 2013, will go to trial on an obstruction of justice charge Aug. 28.
A flurry of motions filed in the case show Sidney Moorer’s attorneys are wanting to suppress evidence that may be used to support the charge or other accusations that he kidnapped and murdered Heather.
Moorer was charged with murder, kidnapping and obstruction of justice in the case in 2014. The murder charge was later dropped and Moorer is being tried separately for the other two counts.
Moorer’s first trial on the kidnapping charge ended in a mistrial last summer. A new trial will be held in Georgetown County, but a date has not yet been set. His obstruction of justice trial will be held in Horry County.
On Thursday, Moorer’s attorneys filed a motion to quash the indictment that accuses him of obstructing and hindering justice in the case for two days after Heather was reported missing.
On Friday, Moorer’s defense team also filed a motion to suppress two video-recorded statements Moorer made to police during their investigation. The first one was recorded on dashcam video on Dec. 20, 2013. The second one was recorded at the police station on Dec. 21, 2013. Both dates coincide with the dates on Moorer’s indictment for the obstruction of justice charge.
His attorneys argue those statements were just reporting “hearsay” and were given in violation of Moorer’s Miranda rights.
A third motion, also filed on Friday, asks the court for an order “suppressing testimony and evidence” of any other alleged crimes, namely any evidence supporting Moorer’s kidnapping charge or his initial murder charge in the case.
“This has been a highly publicized case,” Moorer’s attorney James Galmore said in the motion. “If such evidence was introduced, the jury could make the mistake of deciding the case on an improper basis, such as an emotional basis.”
The motions have not yet been argued in court.
Moorer filed for a change of venue that was later granted, after a hung jury led to a mistrial on the kidnapping charge during late June.
A mainly male jury split 10 guilty and two not guilty could not come to a unanimous decision, and Judge Markley Dennis declared a mistrial on June 24, following a four-day trial.
Moorer was released from jail Sept. 28, 2016 after serving 61 days in detention on a contempt charge after Dennis ruled he broke a gag order previously put in place when he spoke with a media outlet during the week of the kidnapping trial.
Heather Elvis’ car was discovered at Peachtree Landing in Socastee by police on Dec. 19, 2013. No one has heard from her since Dec. 18, 2013, and family and friends continue to gather each month on the 18th for prayer vigils.
Tammy Moorer, Sidney’s wife, also has been charged with kidnapping in connection with the case, but her trial date has not been set.