Attorney: Sidney Moorer to have separate trials on kidnapping, obstruction charges

Sidney Moorer, who’s charged in connection with the disappearance of Heather Elvis, will have two separate trials on charges of kidnapping and obstruction of justice, the presiding judge has ruled.

The motion from the defense to split the two charges was granted Tuesday, but Moorer’s attorney, Kirk Truslow, said the judge had not yet signed the order Tuesday morning.

The kidnapping trial is set to begin Monday, but a trial for the obstruction of justice charge will happen later, Truslow said.

The decision comes after Truslow requested in a motion Monday during a pretrial hearing to have the charges tried separately.

Judge Markley Dennis heard arguments from the defense and the 15th Circuit Solicitor’s Office — who is prosecuting the case — but did not make a decision the day of the proceeding.

Both the prosecution and defense agreed to allow two statements Moorer made to detectives during the investigation at the trial. Moorer’s obstruction of justice charge stems from those statements, which allege Moorer initially told detectives that he did not use a pay phone after Elvis’ disappearance. He then changed his statements and told police he did use the pay phone, said Martin Spratlin, the assistant solicitor.

The charges should be tried together because they are both related to the disappearance of Elvis on Dec. 18, 2013; and detectives interviewed Moorer the night Elvis went missing, therefore it’s all connected, Spratlin said Monday.

“It’s just two separate charges with two separate fact patterns, two separate lists to do each one of them,” Truslow told the judge Monday. “We don’t want to be in the position where we try two charges in the same case.”

Truslow filed documents in April to prohibit certain evidence, hold separate trials on Moorer’s remaining charges and suppress testimony by Elvis’ former roommate during the trial. A meeting that lasted about 40 minutes was held in the judge’s chambers before the motion was argued, but Truslow said the motion to separate the charges was the only one heard before the judge on Monday.

Moorer, 40, and his wife, Tammy Moorer, 43, face several charges related to the disappearance of Elvis, who was last seen December 2013. The solicitor’s office dropped the murder charges March 10, along with the obstruction of justice charge for Tammy Moorer. Indecent exposure charges against the couple also were dismissed.

Tammy Moorer still is charged with kidnapping, but a trial has not been set for her.

Elvis was 20 years old when she was last seen. Her car was found abandoned at Peachtree Boat Landing in Socastee, but she hasn’t been found. Shortly after her disappearance, residents rallied to find her, searching the area near the landing and posting banners and fliers around town. Supporters still gather regularly for vigils in Socastee.

The Moorers remained jailed through 2014 after being charged in connection with Elvis’ disappearance. Tammy Moorer was released in January 2015 and Sidney Moorer was released the next month after bond was set at $100,000 for each of them, according to records.

The Moorers received permission to move to Florida in September after saying they found work in the 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.

This story was originally published June 15, 2016 at 12:03 PM with the headline "Attorney: Sidney Moorer to have separate trials on kidnapping, obstruction charges."