State, defense moving forward after bond granted to Sidney, Tamm - WMBFNews.com, Myrtle Beach/Florence SC, Weather

State, defense moving forward after bond granted to Sidney, Tammy Moorer

Experts weigh in on how both sides, the state and the defense, will move forward after Sidney and Tammy Moorer are granted bond. Experts weigh in on how both sides, the state and the defense, will move forward after Sidney and Tammy Moorer are granted bond.

Myrtle Beach, SC (WMBF) - Experts weigh in on how both sides, the state and the defense, will move forward after Sidney and Tammy Moorer are granted bond. 

"This case is emotional, there's no doubt about it," William Monckton said. Practicing law for more than 22 years, and a former solicitor, Monckton is familiar with both sides.

Monckton says it is unusual for bond to be granted so close to the trial date. "Whether the Moorer's are in jail or out on bond, isn't going to change any of the evidence that's already been discovered, the interviews that have been discovered, the evidence is almost static. It's not going to change unless something new occurs," Monckton explained. 

After seeing the bond hearing play out on Friday morning, one thing did stick out to Monckton. "The judge asked the state if they had any direct evidence and they did not," Monckton said. Monckton says this means the state could not present any evidence directly linking the Moorer's to Heather's disappearance, and the evidence they do have, is circumstantial.

Monckton feels the biggest challenge for the state will be taking the evidence they do have, and making it line up just right. "If A goes to B, and B goes to C, and C goes to D, and there can be no other path but that," Monckton added.

He said the challenge for the defense would be to prove the opposite. Monckton noted, "to show that there is no evidence, it's pure speculation." 

Monckton says if the state cannot get over the point of speculation, the defense could ask for a directed verdict. "Then, the judge will be put in the position that he's going to have to grant a directed verdict which would be a directed verdict of not guilty," Monckton said.

If  this case went to a directed verdict, that means a jury would not hear this case, and it would be solely Judge Dennis making that decision.

The trial is scheduled to start in May.

Copyright 2015 WMBF News. All rights reserved. 

 

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