HORRY COUNTY, S.C. (WBTW) — Sidney Moorer, who was convicted in 2019 of kidnapping Heather Elvis, has asked the South Carolina Supreme Court to overturn his obstruction of justice conviction.

The appeal states that while Moorer lied to officials when he said he didn’t call Elvis from a pay phone, within 10 seconds he admitted to the call. The appeal argues that the lie didn’t interfere with the investigation.

The appeal also states that by Moorer lying, it caused investigators to do a more thorough investigation than they would have if Moorer didn’t lie.

“By any measure, having the police conduct a very thorough investigation surrounding the disappearance of a young woman would not be the equivalent of hindering or impeding the investigation,” the appeal states.

The appeal states if Moorer told the truth, investigators wouldn’t have gone to the payphone the night of the incident because the conversation happened days after. The appeal also claims the lead investigator admitted he would’ve investigated the case the same way, even if Moorer was never interviewed.

The appeal claims the state failed to provide any evidence that Moorer did anything with the intent to “prevent, obstruct, impede, or hinder” the investigation.

Moorer was sentenced to 30 years for kidnapping and obstruction of justice. His wife Tammy was sentenced to 30 years for kidnapping Elvis. Investigators believe Elvis was in a relationship with Moorer, leading to motive for her disappearance.

Elvis went missing in the early morning hours of Dec. 18, 2013 from Peachtree Boat Landing. Her body has never been found.

Moorer’s previous appeal of his obstruction of justice conviction in July was denied.