Prosecution files response to motions requesting suppression of evidence in upcoming Sidney Moorer trial

Prosecution files response to motions requesting suppression of evidence in upcoming Sidney Moorer trial

HORRY COUNTY, SC (WMBF) - The state has filed responses to the defense's motions to suppress certain evidence in Sidney Moorer's upcoming trial for obstruction of justice connected to the 2013 disappearance of Heather Elvis.

One such motion pertained to statements Moorer reportedly gave to police in December 2013, days after Elvis went missing.

While the defense is asking that the statements be suppressed because of what counsel said was a violation of Miranda warnings, the state, in its response, noted that Moorer voluntarily spoke with police on Dec. 20 and Dec. 21, 2013.

"At no time on or about Dec. 20, 2013 through Dec. 21, 2013 was the defendant ever handcuffed or detained," according to court documents. "In fact, he was not arrested until February 2014."

The prosecution noted there would be officers available on July 31 in order to place all relevant testimony on the record, court documents stated.

Another motion asked that testimony and evidence of "alleged crimes and/or acts for which the defendant is not currently on trial" be suppressed, according to court documents.

In its response, filed Thursday, the prosecution noted that it is only moving forward with one crime, "which is the defendant's intentionally deceitful story to police during one investigation into the disappearance of Heather Elvis."

Moorer is charged with obstruction of justice for allegedly lying to investigators about making a call to Elvis from a pay phone on the night of her disappearance. His trial on this charge is scheduled for Aug. 28.

Allegations of obstruction of justice were revealed during Moorer's first trial last year.

That trial, which saw Moorer face a jury for the kidnapping of Heather Elvis, took place in Horry County in June 2016 and ended with a hung jury.

Ten jurors believed Moorer was guilty after a week of testimony, but two jurors found him not guilty and a mistrial was declared.

A new trial on the kidnapping charge has not yet been scheduled.

Additionally, Sidney Moorer's wife, Tammy Moorer, who is also charged with kidnapping in relation to Elvis' disappearance, is set to appear in court on Monday for a contempt of court hearing.

The hearing is to determine if Tammy Moorer is in violation of the gag order placed on this case.

As for her kidnapping charge, there is no indication when Tammy Moorer will go to trial on that count.

The Moorers were arrested in February 2014 in connection with the disappearance of Elvis, who was 20 years old when she went missing.

Prosecutors are unable to discuss the case due to the court-appointed gag order that remains in place.

Moorer actually spent time behind bars for breaking that gag order. He was sentenced to five months in jail last July for talking to the press during his trial, but ultimately only served two of them.

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