HORRY COUNTY, SC (WBTW) – Attorney Eric Poston of Chalmers Poston, LLC, representing Sidney and Tammy Moorer, tells News13 that he has “made the difficult decision to delay filing civil suit on behalf of the Moorer’s and their families pending Mr. Moorer’s upcoming trial on September 9, 2019.”
Poston told News13 in May that he planned to file a federal lawsuit in reference to the investigation surrounding the disappearance of Heather Elvis.
In a message to our newsroom Thursday night, Poston describes the reasoning behind the decision:
“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. 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.
We strongly believe that a reasonable jury uninfluenced by mob mentality and emotional thought processes that caused Mr. Moorer and Mrs. Moorer’s wrongful convictions several years ago will examine the evidence calmly and logically in Mr. Moorer’s upcoming trial and conclude that 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. 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.
For those who are skeptical as to the veracity of such idealistic arguments, here is another angle from which to evaluate our decision to postpone the lawsuit. We will almost certainly find additional causes of actions for which to sue based upon the misconduct displayed by the Solicitor, law enforcement personnel, and the State’s other witnesses at Mr. Moorer’s upcoming 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.
Finally, I’d like to address the threats I’ve been receiving and certain individuals’ concerns that I have been coerced into not filing this 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. The public needs to understand that this case is, for a lawyer with my aspirations, 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. 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.”
Poston told News13 in May that the lawsuit would be filed in federal court against “the involved law enforcement agencies as well as specific law enforcement officials”. He also said his firm would sue Facebook, Terry Elvis, and others.
Moorer’s previous trial on kidnapping charges in 2016 ended with a hung jury.
Debbi Elvis, Heather’s mother, sent a statement to News13 late Thursday that reads:
We feel every trial is a step closer to them being held accountable, more truth coming to light, and more pressure to encourage them to talk.Debbi Elvis, Heather’s mother
Heather’s family previously said they’re hoping this upcoming trial will give them some answers and encourage those to come forward who may know more about their daughter’s disappearance.
“All of those fears, the not knowing, that’s the worst part of any situation. I think we owe it to each other as people just to help each other out and get the information out there, get it to the authorities, get it to the people who can do something about it,” Debbi Elvis said.
Count on News13 for complete coverage of Sidney Moorer’s retrial, which is scheduled to start the week of September 9th in Horry County.