COLUMBIA, S.C (WPDE) — The attorneys for Tammy Moorer had their day in court to officially appeal the 2018 conviction.
Moorer and her partner Sidney Moorer were convicted of kidnapping in relation to the disappearance of Heather Elvis back in December 2013.
Moorer was convicted of kidnapping and conspiracy to kidnap. That resulted in a 30-year prison sentence for Moorer.
“We respectfully ask this court to direct a verdict in Ms. Moorer’s favor," said Moorer's attorney Lara Mary Caudy.
The issue surrounds a sequestration order. That's when a judge orders witnesses to not pay attention to trial facts or proceedings so that it does not tamper with their bias or testimony. During the 2018 trial, an Horry County Sheriff's Deputy was alerted that several of Moorer's family were watching the trial via live stream before providing their own testimony. While Moorer's sister was allowed to take the stand and talk about Moorer's whereabouts that night, no other family member in the defense team's lineup was permitted to speak.
READ MORE: Tammy Moorer's sister takes the stand Thursday
Caudy also argued that the prosecution's reliance on the forensic analysis of Grant Fredericks was subjective and did not provide sufficient evidence for them to draw the conclusion that the state could identify Sidney Moorer's truck leaving the Peachtree Landing the night of Elvis' disappearance solely based on the truck's headlights.
“There’s no sort of scientific evidence, scientific research to support that conclusion. It was based on his own experience, and he’s done it a handful of times, based on his own admission," Caudy said.
She argued that the defense's analyst did debunk Fredericks' findings and that there was an official objection to the evidence. Senior Assistant Attorney General David Spencer argued no there was not an actual objection to the testimony, just the conclusion and that in the end, the defense cannot deny expert analysis.
“Clearly it wasn’t admissible, it was an abuse of discretion to admit those text messages," Caudy said.
Judge Hewitt also called into question some of the graphic evidence that was submitted from the conversations between the Moorers.
However, he said the control Tammy after discovering the affair between Sidney and Heather showed she was not fully accepting of it. The prosecution has always alleged Tammy's motive in Heather's disappearance was some form of jealousy.
Sidney Moorer was denied an appeal of his obstruction of justice conviction in relation to the case back in the summer of 2020. He filed a petition to have the State Supreme Court look at the case.
The decision by the SC Court of Appeals for Tammy's case is uncertain. If the appeal is denied, she can also petition to have the state Supreme Court look over the case.
