commentary by Patrick H. Moore
Surprise Surprise. Tammy Moorer has already been released from custody and Sidney is expected to follow in her wake as soon as his bond is secured. I haven’t been following the case closely because there has been very little news but I must say I was initally surprised by this decision. But then when you examine Circuit Court Judge R. Markley Dennis’s (great old Southern name) reasoning, we quickly see that in releasing the Moorers on bond, he is doing the right thing. The prosecutor admitted at Friday’s bond hearing that the state had no direct evidence linking Tammy and Sidney to the disappearance of Heather Elvis. Not only that, the circumstantial evidence appears to be much weaker than I had previously supposed.
Previously, the circumstantial evidence primarily consisted of Tammy’s anger at Heather Elvis for sleeping with Sidney which resulted in the threatening text messsages, the series of phone calls between Heather and Sidney on the night she disappeared, and the alleged fact that the truck that was seen driving to and from the Peachtree boat landing where Heather’s car was found was identified as belonging to Sidney. Now, however, it appears that the prosecution’s earlier claim that the truck belonged to him may have been highly speculative and that they actually lack any such proof.
Rod Overton of WBTW News 13 reports:
Sidney Moorer’s attorney, Kirk Truslow, now claims “that links to Sidney Moorer’s truck have turned out to be false.”
“What they led the court to believe was that we have videotape of Sidney Moorer’s truck driving to the boat landing and back within the relevant time period.”
But Truslow argued that the wrong authorities — not the FBI — enhanced the video and it is not discernible as Sidney Moorer’s truck.
“It seemed to be a home run at the first bond hearing, but it can’t be seen as my client’s truck,” Truslow said.
If Truslow is correct, the state’s case would appear to be significantly weakened. Tammy’s animus toward Heather and the fact Sidney and Heather conversed several times by phone on the night of her disappearance, while cause for suspicion, hardly seems to rise to the level of guilt beyond a reasonable doubt. The prosecution apparently lacks (1) DNA evidence; (2) a murder weapon or a concrete theory of how the alleged murder was carried out; (3) the ability to tie Sidney’s truck to the crime scene, and (4) any strong motive for Sidney to even take part in the crime.
Could Tammy have carried out the awful act (assuming Heather is dead and did not simply choose to leave town) on her own? Possibly, but the state’s case against her as the sole murderer is woefully thin – all they would appear to have are the threatening emails, which standing alone without any physical evidence appears as flimsy as kleenex.
Of course, juries do weird things all the time and the trial is still scheduled for May of this year complete with 800 prospective jurors scheduled to perform their civic duty.
The issue of the prospective jury is interesting. The good folk inhabiting the Myrtle Beach area seem to be divided into an Elvis camp and a Moorer camp. To actually seat unbiased jurors might prove to be impossible. Therefore, it seems likely that some of the jurors will be on the side of Elvis while others will favor the Moorers. This, in turn could certainly result in a mistrial, or even a series of mistrials.
In short, with only moderately weak circumstantial evidence to support a conviction, it may ultimately be impossible for the state to convict either Tammy or Sidney.
Meanwhile, there are still rumors that the Elvis family is receiving death threats from Moorer supporters. As part of the terms of their bond, the Moorers must maintain a distance of five miles from Heather’s parents’ house.
This is all quite interesting. If, perchance, Tammy and Sidney did not murder Heather, one is left wondering who did? Or, is there a possibility she is still alive hiding out somewhere. It does not seem likely.
So in the final analysis, at present we are doomed to view this case “through a glass darkly.”
Although at this moment – 8:28 pm California time, Jan 31 – Sidney is still awaiting his release on bond, sooner or later he and Tammy will meet face to face. Imagine the myriad emotions that will be running through both of their minds. Remember, some of the smart money early on was assuming guilt and claiming that Sidney was going to have little choice other than to roll over on Tammy (and I don’t mean in the biblical way) in an attempt to get himself the best possible deal. It appears this has not happened. This could mean that they’re innocent but it also could mean Sidney, despite all, is loyal to Tammy and is going to stay loyal to the bittersweet end.
And imagine the emotions that will be bouncing around in the minds of the Moorer children when they are reunited with their parents. Of course, the kids are allegedly used to a rather unconventional lifestyle – having formerly slept, according to some reports, in one large messy room with rifles leaning against the walls (a true Disney childhood a la Dan’l Boone), so they may view the return of their beleaguered parents as all in the day’s work.
If I’m Sidney, though, and I’m glad I’m not him, there’s one thing I’m not going to stand for. When Tammy breaks out the handcuffs and attempts to lash me to the bed or to the floor or wherever we’re sleeping so that I don’t tomcat around, I going to look at her and I’m going shake my head and like my idol Nancy Reagan I’m going to say: “N-O spells no.” Either that or I’m going to return the favor and Tammy is going to be the one who ends up wearing the cuffs…
Please click here to read our previous posts on the Moorer-Elvis saga:
The Sound and the Fury of Tammy Moorer!
How Tammy and Sidney Moorer May Have Lured Heather Elvis to Her Death
Heather Elvis’s Father and Sister Receive Death Threats
Swingers Sidney and Tammy Moorer Charged with Murder in Death of Heather Elvis!
Myrtle Beach Couple Arrested in Heather Elvis Missing Persons Case
Can Tammy and Sidney Moorer Be Convicted of Murdering Heather Elvis without a Body as Evidence?
Were Heather Elvis’s Remains Wrapped in a Homemade Mickey Mouse Print Bed Sheet?