Tammy Moorer’s trial date has been set and Sidney Moorer could join her in a joint trial, court documents show.
The state filed a joinder motion on July 13 asking for Tammy and Sidney Moorer to be tried together on charges in connection to the disappearance of Heather Elvis.
“The State hereby moves this court to join the defendants for trial on all pending charges as to maintain judicial economy, preserve the State’s right to joinder and minimize the burden on the man out-of-circuit witnesses needed to testify.”
In March 2017, Tammy was indicted on a kidnapping charge in connection to the disappearance of 20-year-old Elvis. Sidney, too, was indicted on a kidnapping charge and obstruction of justice charge. In April, both were indicted on conspiracy to kidnap charges, the motion says.
Judge Benjamin Culbertson set Tammy Moorer’s trial for October 8, 2018, the motion says.
The motion also claims that because both Tammy and Sidney are “currently both charged with the same crimes arising out of the same facts and circumstances,” they should be tried together. “The State will present the same evidence against both defendants including the fact that the defendants were conspiring to commit the crime.”
The motion further says it would be “unduly burdensome” to make witnesses testify “to the same facts and circumstances twice.”
However, multiple people charged in the same crime are not entitled to have separate trials, the motion claims. “It is well settled that defendants jointly charged with a criminal offense are not entitled to separate trials as a matter of right.”
The motion states the defense in the case has not made a motion to separate the trials and “the State has the right to joinder until defense makes a successful severance motion prior to trial.”
According to the motion, Culbertson “has made it clear to the State that it is his belief that the defendants cannot be tried together since the Supreme Court has not united jurisdiction under a single judge.”
Heather Elvis was reported missing after her abandoned car was found at Peachtree Landing in Socastee on December 19, 2013. Phone records show she was last heard from on December 18.
On February 21- 22, 2014, Tammy and Sidney Moorer were taken into custody, their home was searched, and they were each charged with kidnapping in Elvis’ disappearance. Horry County Police Chief Saundra Rhodes announced on February 24, 2014, Sidney and Tammy Moorer were charged with the murder of Heather Elvis.
On March 10, 2016, murder charges were dropped against Sidney and Tammy Moorer.
In August 2016, Sidney was tried on the kidnapping charge, but a mistrial was declared when the jurors could not deliver a unanimous decision. In August 2017, a jury found Sidney guilty of obstruction of justice and a judge sentenced him to the maximum 10 years in prison, with credit for one year he already served.
A timeline of events in the case can be seen here.
