Opposing attorneys in Heather Elvis murder trial confident of their cases

Prosecutors and defense attorneys say they are confident in their respective cases involving a Myrtle Beach couple charged with murder and kidnapping in Heather Elvis’ disappearance.

During and after a bond hearing Friday in Charleston for Tammy and Sidney Moorer, attorneys discussed some of the evidence in the case, including a botched DNA test and the witnesses expected to testify during the May 11 trial.

A circuit court judge set bond at $100,000 each for the couple, ordered that they must be GPS monitored, and stay five miles away from the home of Heather Elvis’ parents while free on bail.

Tammy Moorer, 42, was released on bail by 5:45 p.m. Friday. Her husband, 39-year-old Sidney Moorer was released about 2 p.m. Monday, according to jail authorities.

Friday’s hearing was the third bond request for Tammy Moorer and the second for Sidney Moorer.

Elvis, who was 20 at the time, was reported missing Dec. 19, 2013, after Horry County police found her car, which was registered to her father, parked at the Peachtree boat landing. Elvis’ keys, cellphone and purse were not found in the locked car and she remains missing.

She was last heard from the day before.

Assistant Solicitor Nancy Livesay said during Friday’s hearing that nothing had changed in their case against the couple other than the original prosecutor assigned to the case had relocated.

“I can tell you with the upmost confidence . . . if it was said at that initial bond hearing it came directly out of the discovery that was provided,” Livesay said after accusations by defense attorneys that the evidence didn’t add up in the case.

“There has been no substantial change in circumstances from that first bond hearing,” Livesay said. “We do believe we have substantial circumstantial evidence.”

Circuit Court Judge Markley Dennis asked Livesay if prosecutors had any direct or physical evidence to link the couple to Elvis’ disappearance and she said they did not.

“You’ll make a judgment call as a professional [regarding the evidence], . . . and you’ll decide if you can get by a directed verdict request because that’s what you have to do,” Dennis said of the evidence in the case.

Both defense attorneys maintained that Horry County police were under pressure to solve the case and did so by arresting the Moorers on indecent exposure charges in February 2014 after Sidney Moorer admitted to being romantically involved with his wife in a vehicle.

Later, charges of murder and kidnapping were filed against the couple. Sidney Moorer also faces an obstruction of justice charge.

In June, state officials charged the couple with making a false statement on an application for Medicaid and obtaining a signature or property under false pretenses with a value of $10,000 or more, authorities said.

“The case was not solved. It’s not a situation where law enforcement was able to solve the case and then go and arrest the individuals who are responsible for it,” said Greg McCollum, Tammy Moorer’s attorney. “The arrest of them was designed to solve the case and if they had committed a crime it may have very well worked.”

During Friday’s hearing, McCollum and Sidney Moorer’s attorney, Kirk Truslow, described how prosecutors tried to get the couple to make a statement against each other in exchange for their freedom.

“After they cooperated with the investigation, which produced other leads . . . for whatever reason the prosecutor who previously had this case decided to basically bring shock and awe down on Tammy Moorer,” McCollum said in describing 20 to 40 police cars that arrived the day the couple were arrested at their home on Secondary Highway 814.

“It was my understanding that the prosecutor believed that Tammy Moorer was the killer and they were trying to get her husband to give a statement against her,” McCollum said. “I told her ‘if you say your husband did it, I’m pretty sure you’re going to walk out of here.’”

“I was told that,” Tammy Moorer said as an interruption during Friday’s hearing.

Immediately, Dennis said to Tammy Moorer, “Ma’am be quiet.”

Truslow also said his client was asked to make a statement against his wife.

“He said ‘I know nothing about this,’” Truslow said. “There is no physical evidence, there is no direct evidence.”

Defense attorneys also pointed to a botched DNA test that initially said Heather Elvis had been inside Sidney Moorer’s truck.

“Within a couple months, we received information that, guess what, we got direct evidence. We found Heather Elvis’ DNA in Sidney Moorer’s truck. That was very disconcerting because he had alleged all the time she had not been in that truck,” Truslow said. “As it turned out that was a mistake . . . by the lab. It turns out the sample they sent . . . was a sample taken from Heather Elvis’ vehicle.”

McCollum also told Dennis that “other than the phone call there was really nothing else. The investigation was exhaustive. . . . The evidence isn’t there.”

The phone call McCollum referred to was one made by Sidney Moorer from a payphone hours before Elvis disappeared, Truslow said of Sidney Moorer, who admitted he had a relationship with the young woman from July to October.

“Mr. Moorer became a suspect in the disappearance of Heather Elvis. This initially appears to be because he had a relationship with Miss Elvis. It was a short-term relation and it had concluded a couple months prior to her disappearance,” Truslow said.

“He was interviewed with his wife. They had repaired their marriage. The purpose of him making that phone call was to ask Heather Elvis to please discontinue calling him, please discontinue leaving on my car,” Truslow said.

But Livesay said Elvis’ coworkers will testify that during a two-hour period the woman received 90 missed phone calls from Sidney Moorer’s phone, which were made by the couple. There were other threatening messages sent to Elvis.

“Every message that was threatening to this 20-year-old came from Sidney and Tammy,” Livesay said. There’s no doubt about it. When you look at the phone records they came from Sidney Moorer’s phone.”

Dennis then told Livesay that he didn’t need to hear about witnesses because those evidentiary issues will be dealt with during trial and the jury will decide if someone is being truthful.

“We’re not trying this today. We needed to get the facts in there that were important for my determination,” Dennis said during Friday’s hearing.

Livesay also told Dennis that Sidney Moorer initially denied speaking to Heather Elvis just before she disappeared.

“He had just contact with her two hours before her disappearance,” Livesay said.

Defense attorneys also were concerned about prosecutors retesting evidence and the trial date set for May 11 being delayed.

“Maybe they need more time, so I don’t know if May 11 is written in stone if they are still waiting on reports,” Truslow said Friday after the hearing. “We are ready to go next week if necessary. I’ll be very curious to see what happens May 11.”

This story was originally published February 2, 2015 at 3:27 PM with the headline "Opposing attorneys in Heather Elvis murder trial confident of their cases ."