HORRY COUNTY, S.C. (WMBF) – The attorney for a husband and wife who are at the center of a high-profile kidnapping case announced Thursday he has delayed filing a federal civil lawsuit.
Attorney Eric Poston said he does not want the lawsuit to have an unfair impact on Sidney Moorer’s upcoming trial on September 9.
“If we are to expect to enjoy our right to a fair and impartial jury uncontaminated by potentially undue outside influences such as a pending lawsuit against the very agencies and individuals who are prosecuting Mr. Moorer, we must respectfully provide the Horry County Police Department and Solicitor’s Office with that same right,” Poston said in a statement.
Moorer is set to face a jury in connection to the 2013 disappearance of Heather Elvis. His original trial in the case ended in a hung jury in 2016. The retrial will take place in Horry County.
In August 2017, Moorer was sentenced to 10 years in prison after a jury found him guilty of obstruction of justice for impeding the investigation into Elvis’ disappearance.
Last year, a jury convicted Moorer’s wife, Tammy Moorer, of kidnapping Elvis. She is currently serving a 30-year prison sentence.
Poston had planned to file the federal civil lawsuit at the end of June against the Horry County Police Department and individual officers. He also plans to sue Facebook, Heather’s father, Terry Elvis and other people who Poston said were involved in creating a multitude of Facebook pages where people coordinated the harassment of the Moorers by shining lights through their doors and walking around the house with guns.
Poston told WMBF News back in May that the federal lawsuit would reveal what happened to Elvis.
Poston released this statement on the decision and the reason behind the federal lawsuit:
We strongly believe that a reasonable jury uninfluenced by mob mentality and emotional thought processes that caused Mr. Moorer and Mrs. Moorer’s wrongful convictions several years ago will examine the evidence calmly and logically in Mr. Moorer’s upcoming trial and conclude that there is certainly reasonable doubt as to whether Mrs. Moorer or he had any involvement whatsoever in Heather’s disappearance. In fact, we are 100% certain of their innocence. This deduction is the result of extensive hours of investigation, a detailed review of thousands of pages of documents and files that the public has never seen and which were selectively and suspiciously absent from either of Mr. Moorer’s previous two trials or Ms. Moorer’s trial.
For those who are skeptical as to the veracity of such idealistic arguments, here is another angle from which to evaluate our decision to postpone the lawsuit. We will almost certainly find additional causes of actions for which to sue based upon the misconduct displayed by the Solicitor, law enforcement personnel, and the State’s other witnesses at Mr. Moorer’s upcoming trial. If we were to file the lawsuit right now, we would inevitably be forced to seek the Court’s permission to amend our Complaint to add additional causes of action based on Mr. Moorer’s trial. This is a waste of time and serves as an annoyance to the Court.
Finally, I’d like to address the threats I’ve been receiving and certain individuals’ concerns that I have been coerced into not filing this lawsuit. If anything, these terroristic threats and attempts at manipulation only serve as additional motivation and sources of comedic relief. This lawsuit will be filed as long as I’m still alive after the trial to file it. The public needs to understand that this case is, for a lawyer with my aspirations, the “case of a career.” If I can help free two innocent people from prison and provide them the financial ability to feed their children despite almost certain unemployability for the remainder of their lives, my career as a lawyer and my life in general will have been fulfilled. If I wanted money, I wouldn’t sue government agencies that have unconstitutional levels of legal immunity via statutory limitations on recoverable damages regardless of the wrongdoing. If I wanted public admiration, respect, and free positive publicity, I wouldn’t be representing people who far too many falsely believe to be kidnappers and murderers.
WMBF News will have full coverage of Sidney Moorer’s trial that is set to start September 9.