WBTW

Attorney in Heather Elvis case wants key evidence thrown out

MYRTLE BEACH, SC (WBTW) – The attorney for Tammy Moorer, suspect in the disappearance of 20-year-old Heather Elvis, has filed a motion under a seal that mirrored motions submitted to the court by her husband’s lawyer April 4.

Numerous motions were filed by the attorney for Sidney Moorer, Tammy’s husband, requesting an abundance of evidence be withheld from an upcoming trial related to the disappearance of Heather Elvis.

Greg McCollum, Tammy’s attorney, says the motion would allow Tammy to join into the same motion that was filed for Sidney, since they say the same evidence will be used.

The documents submitted on Sidney’s behalf, dated April 4, were filed by attorney Kirk Truslow on behalf of Sidney Moorer to request certain evidence be prohibited on grounds the evidence is “irrelevant, more prejudicial than probative, and / or hearsay.” The evidence that Truslow would like to have thrown out includes:

In addition, Truslow filed a motion to have separate trials for the charges of kidnapping and obstruction of justice, rather than having the two tried together. Separate motions have also been filed to annul the obstruction of justice charge, suppress the testimony of Heather Elvis’ friend Bree Warrellman, suppress the testimony of expert witness Grant Fredericks and have any plea deal offers made to Sidney Moorer admissible to demonstrate the “inadequate investigation and handling of this case by law enforcement and prosecutor at the time, Donna Elder.”

Truslow documents that testimony by Warrellman about her conversation with Heather Elvis, including what Elvis told her, is “inadmissible hearsay.” Within another motion, the attorney argues that:

The defense will be prepared to show that in the instant case, an offer made to [Sidney Moorer] should be admissible. In particular, it would be admissible to show a true picture of the conduct, bias, and immensely inadequate investigation and handling of this case by law enforcement and prosecutor at the time, Donna Elder. Further, it tends to show that [Sidney Moorer] was charged with offense of murder and kidnapping without sufficient probably cause. In order to comply with the standing gag order, further explanation and argument will be presented at the hearing in this matter.

Motions filed by attorney Kirk Truslow on behalf of Sidney Moorer:

Sidney, and his wife Tammy Moorer, were originally charged with kidnapping and murder in the disappearance of Heather Elvis in February 2015. The murder charges were dropped in March 2016.