HORRY COUNTY, S.C. (WPDE) — Tammy and Sidney Moorer's personal attorney said he has delayed filing a civil suit on their behalf, but will file it as long as he's "still alive after the trial."
Eric Poston, of Chalmers Poston, LLC, said his decision to postpone the lawsuit was made because of Sidney Moorer's upcoming retrial on kidnapping and attempt to kidnap charges, which is set for Sept. 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," he said. "The outcome of Mr. Moorer’s trial should depend on the relevant and admissible evidence of the criminal case; not the civil allegations contained in the Complaint. In this way, the Moorers will be justly exonerated."
However, Poston also said that he has been getting threats and hearing concerns that he's been coerced into not filing the 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," he said.
Poston said the Moorer case is 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," he said.
He added that it is not about making money on a case.
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"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," he said.
Poston said he expects Sidney Moorer to have a fair trial and that a "reasonable jury uninfluenced by mob mentality" will find him innocent.
"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," he said. "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."
Poston said, in fact, that he likely will find more causes of actions that could be included in the civil lawsuit against the 15th Circuit Solicitor's Office, law enforcement and the State during the 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," he said.
RELATED: Moorer's attorney says Horry County police connected to Heather Elvis disappearance
Sidney Moorer is currently serving a 10-year sentence for obstruction of justice.
A jury found Tammy Moorer guilty of both kidnapping and conspiracy to kidnap charges in 2018.
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