Hearing canceled on motion to lift gag order in Heather Elvis case

A hearing to lift a gag order that has prevented officials associated with a case against a Myrtle Beach couple in the disappearance of Heather Elvis has been canceled, officials said.

The hearing was set for 9 a.m. Wednesday, but notice was sent just before 4 p.m. Tuesday by Circuit Court Judge Markley Dennis’ office that there will not be a hearing on the motion to lift the gag order.

Greg McCollum, who represents Tammy Moorer, filed the motion to lift the gag order, which is why the hearing was scheduled.

McCollum’s office said the parties held a telephone conference Tuesday and Dennis is expected to issue an order in the case because he does not feel he has jurisdiction to change the gag order.

15th Circuit Solicitor Jimmy Richardson confirmed Tuesday the hearing was canceled but said he could not go into the details until an order was filed by Dennis.

Attorneys in the case are under a gag order, signed on March 21 by Circuit Court Judge Steven John, which prohibits any prosecutors, defense attorneys or their staffs and members of law enforcement who have investigated the case to publicly speak or release documents regarding the case.

Prosecutors also filed a motion asking for the case file to be sealed, but that motion has not been ruled on by a judge.

Tammy Moorer, 42, and her husband, Sidney Moorer, 39, are each charged with murder and kidnapping in Elvis’ disappearance. The couple were released on $100,000 bail after a hearing last month before Dennis in Charleston.

Conditions of that bond include that the couple stay five miles away from the home of Heather Elvis’ parents, be electronically monitored and report to court.

The Jan. 30 bond hearing was the third for Tammy Moorer and second such hearing 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.

On Oct. 20, Myrtle Beach attorney Kirk Truslow, who represents Sidney Moorer, filed a motion with the Horry County Clerk of Court asking prosecutors to produce certain evidence. He also filed a similar motion on Sept. 2. Then in December, Truslow filed his first supplemental motion for discovery.

It was unclear if the motions deal with the same evidence or different evidence.

On Sept. 19, McCollum, Tammy Moorer’s attorney, filed a motion for a speedy trial for the woman.

Prosecutors have scheduled the case for trial to begin May 11.

During the couple’s first bond hearing on March 17, prosecutors pointed to cellphone records and video surveillance to build their case against them. But defense attorneys said the evidence is circumstantial, with no link to tie the couple to Elvis’ disappearance.

The same evidence was pointed out during the January bond hearing for the couple, and prosecutors said they had no direct evidence in the case.

On March 21, an Horry County grand jury indicted the Moorers on the murder and kidnapping charges, according to court records.

The couple also faces two counts of indecent exposure and one count of obstructing justice, according to court records.

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.

This story was originally published March 3, 2015 at 4:30 PM with the headline "Hearing canceled on motion to lift gag order in Heather Elvis case."