COLUMBIA, S.C. (WBTW) — The attorney for Sidney Moorer, who was found guilty for charges in connection with the disappearance of Heather Elvis, petitioned for her client Tuesday in front of the South Carolina Supreme Court.

During an appeal hearing, Moorer’s attorney asked to remove the obstruction of justice charge, stating Moorer did nothing to hinder the investigation.

Moorer’s attorney admits her client did lie about calling Elvis from a payphone before her disappearance, but that he corrected his statement within 10 seconds.

Moorer was first found guilty of obstruction of justice in September 2017 in connection with Elvis’ disappearance. He was then found guilty in a re-trial in 2019 on the kidnapping charge.

Moorer’s legal team said even though Moorer lied, it caused investigators to do a more in-depth investigation than they would have if he told the truth.

His appeal claims that the lead investigator admitted he would have investigated the case the same way even if Moorer was not a person of interest. Moorer’s attorney also said even though her client lied, the state must prove how the lie omission could have possibly affected the outcome of the investigation.

Justices on the South Carolina Supreme Court said it boils down to timing.

“Perhaps being able to find a body before it was devoured by alligators, or whatever may have happened to this unfortunate young woman,” Justice Kaye G. Hearn said. “Timing is critical so why was it a jury issue, the police was at his door late one night, he showed us some stuff, then showed him a cell phone that had deleted messages.”

Elvis’ body has not been found.

Moorer’s attorney has asked for a new trial to be conducted in Georgetown County, claiming that the jury pool in Horry County has been corrupted by social media. According to information from the case, more than 100 people in the jury pool claimed they did not know about the case.    

Moorer’s wife, Tammy, is also serving a 30-year sentence after being convicted of kidnapping in October 2018.