CONWAY, SC (WBTW) – The charges of kidnapping and obstruction of justice against Sidney Moorer in connection to the disappearance of Heather Elvis will go to trial separately, according to Moorer’s attorney Kirk Truslow.
On Tuesday afternoon, the presiding judge over the case, R. Markley Dennis, granted Truslow’s request for separate trials, Truslow said.
Myrtle Beach Criminal Defense Attorney Stuart Axelrod says that was best decision in determining how the case will move forward.
“By the judge separating it, the jury will only hear the kidnapping case on the merits of the kidnapping only and that’s the proper thing to do,” Axelrod said.
Axelrod said in the eyes of the law, the two charges should stand alone.
“The obstruction is not part of the kidnapping and I think sometimes the state just tries to muddle the waters and throw everything against the wall. And, it makes the defendant, in this case Sidney look worse.”
Moorer will go on trial for the kidnapping case on Monday. It will begin with jury selection. The trial for the obstruction of justice charge will remain pending. The solicitor’s office will have to go through the process of scheduling a court date for the second trial.
During pre-trial motions on Monday, Truslow argued the charges were not sufficiently connected and should be tried separately. Prosecutors argued Moorer obstructed justice to cover up kidnapping.
Elvis has been missing since December 2013. Moorer and his wife Tammy Moorer were originally charged with murder in the case, but the solicitor’s office decided not to move forward with a trial on those charges.
Axelrod questions whether there is enough evidence to move forward with the case on the current charges.
“I still do not see how they can go forward on the kidnapping case without the victim to say I was kidnapped.”
Tammy Moorer is also accused of kidnapping, and her trial date has not been set.
