Second motion to compel evidence filed in Heather Elvis case
A second motion to compel evidence through discovery has been filed for a Myrtle Beach man charged in the disappearance of 20-year-old Heather Elvis, according to court records.
Kirk Truslow filed the motion Oct. 20 with the 15th Circuit General Sessions Clerk of Court on behalf of Sidney Moorer. The motion asks Nancy Livesay, the assistant 15th Circuit solicitor prosecuting the case, to produce certain evidence.
Truslow, a Myrtle Beach defense attorney, filed a similar motion Sept. 2, but it is unclear if this motion deals with the same evidence or different evidence.
Livesay was not immediately available Tuesday to comment about the motion nor to confirm any hearings had been scheduled in the case.
This is the latest in motions filed on behalf of the 38-year-old Moorer, 38, and his wife, Tammy Moorer, 42, both of Myrtle Beach, who were each charged Feb. 24 with murder and kidnapping in Elvis’ disappearance.
On Sept. 19, Tammy Moorer’s attorneys, Greg McCollum and Jeffrey Lucas, filed a motion for a speedy trial for the woman. It is unclear when the case may be called to court or added to a court docket for trial scheduling.
Heather Elvis was last seen the night of Dec. 17 and last heard from early Dec. 18, according to authorities. She was reported missing Dec. 19 after Horry County police found her car, which was registered to her father, parked at the Peachtree boat landing. Elvis’ keys, cellphone and purse were not found in the locked car and she remains missing.
On March 21 John signed a gag order, which prohibits any prosecutors, defense attorneys or their staffs and members of law enforcement, who have investigated the case, to publicly speak or release documents regarding the case.
During a March 17 bond hearing for the couple, prosecutors pointed to cellphone records and video surveillance to build their case against Tammy and Sidney Moorer. But defense attorneys said the evidence is circumstantial, with no link to tie the couple to Elvis’ disappearance.
Circuit Court Judge Steven John denied to set bond for the couple on the charges of murder and kidnapping.
On March 21, and Horry County grand jury indicted the Moorers on the murder and kidnapping charges, according to court records.
In May, John denied Tammy Moorer’s second request for bond on the charges of murder and kidnapping. She had petitioned the court to set a bond saying she is pregnant and was concerned about her health while jailed.
But Donna Elder, a senior assistant solicitor who prosecuted the case at that time, said there was no evidence to show Tammy Moorer was pregnant because she had refused to take prenatal vitamins, be examined by a doctor and take another pregnancy test to confirm her condition.
In June, state officials charged the couple with making a false statement on an application for Medicaid and obtaining a signature or property under false pretenses with a value of $10,000 or more, authorities said.
The couple also face two counts of indecent exposure and one count of obstructing justice, according to court records.
Bond on the indecent exposure charges is set at $20,000 for Tammy Moorer, while bond was denied on the obstruction of justice and making false statements, according to records at J. Reuben Long Detention Center.
Bond is set at $85,000 for Sidney Moorer on the false pretenses, obstruction of justice and indecent exposure charges, according to jail records.
The couple remain at the detention center.
This story was originally published October 28, 2014 at 4:29 PM.