1 00:00:02,546 --> 00:00:05,173 [tense music] 2 00:00:05,215 --> 00:00:06,508 ‐ It is incredibly rare 3 00:00:06,633 --> 00:00:08,927 for criminal defendants to take the stand. 4 00:00:09,052 --> 00:00:10,929 It's a risk very few take. 5 00:00:11,054 --> 00:00:15,475 At stake, one's freedom, or even their life. 6 00:00:15,559 --> 00:00:18,144 This is Tammy Moorer, mother of three, 7 00:00:18,228 --> 00:00:21,064 charged with kidnapping 20‐year‐old Heather Elvis. 8 00:00:21,189 --> 00:00:23,275 She's decided to take that gamble. 9 00:00:23,400 --> 00:00:26,403 Will it help her convince the jury she's not guilty... 10 00:00:29,531 --> 00:00:31,408 ‐ Or will it come back to haunt her? 11 00:00:34,452 --> 00:00:37,747 ‐ Take a courtside seat with the investigator, 12 00:00:37,872 --> 00:00:40,041 the defense attorney, 13 00:00:40,166 --> 00:00:41,960 the prosecutor, 14 00:00:42,043 --> 00:00:44,462 and the reporter who covered the case. 15 00:00:44,546 --> 00:00:48,133 I'm Dan Abrams, and this is "Under Oath." 16 00:00:48,216 --> 00:00:50,176 ‐ Raise your right hand. ‐ Do you solemnly swear... 17 00:00:50,302 --> 00:00:52,804 ‐ I'm being honest with everything I say to you. 18 00:00:52,887 --> 00:00:54,306 ‐ Do you solemnly swear... 19 00:00:54,389 --> 00:00:55,682 ‐ To tell the truth and nothing but the truth? 20 00:00:55,765 --> 00:00:57,017 ‐ I would like to testify. 21 00:00:57,100 --> 00:00:58,643 ‐ The testimony you are about to give... 22 00:00:58,727 --> 00:00:59,936 ‐ The whole truth and nothing but the truth. 23 00:01:00,061 --> 00:01:01,813 ‐ So help you God. 24 00:01:01,896 --> 00:01:05,233 ♪ ♪ 25 00:01:05,317 --> 00:01:06,818 ‐ And there was some dirty words. 26 00:01:06,901 --> 00:01:08,194 I'm not gonna say them, because I've said enough. 27 00:01:08,320 --> 00:01:09,613 I can sit here and wonder 28 00:01:09,738 --> 00:01:11,281 how many married men you've slept with, 29 00:01:11,406 --> 00:01:12,991 but I'm not gonna judge you on that, 30 00:01:13,074 --> 00:01:14,367 because that doesn't mean you killed somebody. 31 00:01:14,451 --> 00:01:15,869 It doesn't mean you kidnapped somebody. 32 00:01:15,994 --> 00:01:18,622 ‐ Did you kidnap Heather Elvis? 33 00:01:18,747 --> 00:01:19,873 ‐ No, I did not. 34 00:01:19,956 --> 00:01:26,671 ♪ ♪ 35 00:01:26,796 --> 00:01:28,840 ‐ This case has everything 36 00:01:28,923 --> 00:01:30,634 that a movie mystery might have. 37 00:01:30,717 --> 00:01:34,679 It has sex, lies, and then all these rumors 38 00:01:34,721 --> 00:01:38,141 of pregnancy going around, and the affair. 39 00:01:38,224 --> 00:01:41,478 People were drawn to this story immediately, 40 00:01:41,561 --> 00:01:44,773 and it has held their attention for years. 41 00:01:44,898 --> 00:01:47,901 ‐ Heather Elvis, a 20‐year‐old waitress from Myrtle Beach, 42 00:01:48,026 --> 00:01:49,819 disappeared in 2013 43 00:01:49,903 --> 00:01:53,323 after having an affair with 37‐year‐old Sidney Moorer. 44 00:01:53,406 --> 00:01:54,866 She's never been found. 45 00:01:54,949 --> 00:01:56,409 Sidney's wife, Tammy Moorer, 46 00:01:56,534 --> 00:01:58,578 stands accused of kidnapping and conspiracy 47 00:01:58,703 --> 00:02:01,331 to kidnap her husband's young mistress. 48 00:02:01,414 --> 00:02:04,959 Tammy, however, has maintained her innocence from day one. 49 00:02:05,043 --> 00:02:07,671 Tammy Moorer and her attorney have made a big decision. 50 00:02:07,796 --> 00:02:10,882 She'll take the stand to try to prove her innocence. 51 00:02:10,965 --> 00:02:13,426 It is a rare and risky move. 52 00:02:13,510 --> 00:02:17,389 ‐ Did you cooperate with the police investigation? 53 00:02:17,514 --> 00:02:19,724 ‐ The second they contacted us, 54 00:02:19,849 --> 00:02:22,060 we have tried to help in every way we could. 55 00:02:22,185 --> 00:02:25,021 ‐ All right. 56 00:02:25,105 --> 00:02:26,439 ‐ The victim in this case, 57 00:02:26,564 --> 00:02:29,192 Heather Elvis, grew up here in Horry County. 58 00:02:29,317 --> 00:02:31,903 She was an all‐around local girl. 59 00:02:32,028 --> 00:02:34,322 She at the time, worked at Tilted Kilt, 60 00:02:34,406 --> 00:02:37,033 which was a restaurant here in Myrtle Beach, 61 00:02:37,117 --> 00:02:38,993 and she had a roommate, 62 00:02:39,077 --> 00:02:40,745 and they were sharing an apartment. 63 00:02:40,870 --> 00:02:44,582 ‐ Heather went missing on December 18, 2013. 64 00:02:44,708 --> 00:02:48,503 Her vehicle was found in this really dark area 65 00:02:48,586 --> 00:02:51,172 of Horry County in the Socastee area, 66 00:02:51,256 --> 00:02:53,591 and it's called Peachtree Landing. 67 00:02:53,675 --> 00:02:56,386 ‐ Peachtree Landing is desolate. 68 00:02:56,511 --> 00:02:58,847 Literally if it was at night 69 00:02:58,930 --> 00:03:00,390 and you weren't paying attention 70 00:03:00,515 --> 00:03:03,768 you would drive right into the river. 71 00:03:03,893 --> 00:03:05,437 No public lights. 72 00:03:05,562 --> 00:03:11,693 Just a piece of asphalt next to a river on a dead‐end road. 73 00:03:11,776 --> 00:03:14,821 That's Peachtree Landing, where her car was located. 74 00:03:14,904 --> 00:03:16,322 ♪ ♪ 75 00:03:16,406 --> 00:03:19,075 ‐ All of a sudden, you had this very young girl, 76 00:03:19,159 --> 00:03:21,411 20 years old, who was missing. 77 00:03:21,536 --> 00:03:22,912 ♪ ♪ 78 00:03:22,996 --> 00:03:27,542 ‐ There were big signs of "Heather Elvis: Missing," 79 00:03:27,667 --> 00:03:32,005 and the community was just trying to find her. 80 00:03:32,088 --> 00:03:37,051 It was a pretty big situation out here in Myrtle Beach. 81 00:03:37,177 --> 00:03:40,638 ‐ The last numbers that contacted Heather 82 00:03:40,722 --> 00:03:44,267 before she went missing belonged to her roommate, 83 00:03:44,392 --> 00:03:47,020 the guy that she had gone on a date with, 84 00:03:47,061 --> 00:03:48,855 and Sidney Moorer. 85 00:03:48,938 --> 00:03:50,857 ♪ ♪ 86 00:03:50,940 --> 00:03:52,358 The only person at the time 87 00:03:52,484 --> 00:03:56,362 that did not have an alibi was Sidney Moorer. 88 00:03:56,488 --> 00:03:58,698 ‐ Heather met Sidney at the Tilted Kilt. 89 00:03:58,823 --> 00:04:00,825 He had been working there doing maintenance, 90 00:04:00,909 --> 00:04:02,702 and she was a waitress. 91 00:04:02,786 --> 00:04:04,037 Heather was 20, 92 00:04:04,120 --> 00:04:06,790 and Sidney was in his late 30s, 93 00:04:06,915 --> 00:04:08,541 and he was married. 94 00:04:08,666 --> 00:04:10,919 ‐ After Heather Elvis disappeared, 95 00:04:11,002 --> 00:04:12,212 my job at the time 96 00:04:12,337 --> 00:04:14,672 was to examine Tammy's cell phone 97 00:04:14,756 --> 00:04:17,675 as well as her husband Sidney Moorer's cell phone, 98 00:04:17,759 --> 00:04:19,761 to see what kind of data could be pulled. 99 00:04:19,886 --> 00:04:22,847 From June, July, up until the first part of November, 100 00:04:22,972 --> 00:04:24,349 there was constant contact 101 00:04:24,390 --> 00:04:27,310 between Heather Elvis and Sidney Moorer. 102 00:04:27,393 --> 00:04:28,686 ‐ In early November, 103 00:04:28,812 --> 00:04:31,940 Tammy Moorer found out about the relationship. 104 00:04:32,065 --> 00:04:36,694 ‐ And at that point in time, Tammy confront Heather Elvis 105 00:04:36,778 --> 00:04:38,863 as to what the relationship was 106 00:04:38,988 --> 00:04:41,366 between her and her husband. 107 00:04:41,407 --> 00:04:43,535 ‐ "Who is this?" Received. 108 00:04:43,618 --> 00:04:46,871 "Nobody you need to worry about anymore." Sent. 109 00:04:46,996 --> 00:04:49,332 "It's best you call back and speak immediately. 110 00:04:49,415 --> 00:04:50,542 Save yourself." 111 00:04:50,625 --> 00:04:52,335 "You ready to meet the Mrs.?" 112 00:04:52,418 --> 00:04:55,380 ‐ Shortly after that all communication between 113 00:04:55,505 --> 00:04:58,925 Heather Elvis and Sidney Moorer stopped. 114 00:04:59,050 --> 00:05:02,846 ‐ There's no contacted between the two of them up the night 115 00:05:02,971 --> 00:05:08,017 she went missing about a month and a half later. 116 00:05:08,142 --> 00:05:09,561 ♪ ♪ 117 00:05:09,686 --> 00:05:12,897 ‐ That night, December 18th, there was surveillance video 118 00:05:12,981 --> 00:05:15,859 of who is presumed to be Sidney Moorer 119 00:05:15,984 --> 00:05:19,571 using a pay phone outside of a gas station. 120 00:05:19,696 --> 00:05:22,323 One thing that prosecutors struggled with 121 00:05:22,407 --> 00:05:23,741 is that this wasn't 122 00:05:23,867 --> 00:05:27,036 great quality surveillance video of this pay phone. 123 00:05:27,120 --> 00:05:32,542 It was hard to tell who exactly was using the pay phone. 124 00:05:32,625 --> 00:05:36,504 But records show that Heather Elvis received a call 125 00:05:36,629 --> 00:05:39,424 from that pay phone around that time. 126 00:05:39,549 --> 00:05:40,842 ‐ A few minutes earlier, 127 00:05:40,925 --> 00:05:42,760 about three blocks from the pay phone, 128 00:05:42,844 --> 00:05:46,514 Sidney Moorer is also captured on surveillance camera 129 00:05:46,598 --> 00:05:49,309 in Walmart buying a pregnancy test. 130 00:05:49,392 --> 00:05:52,770 The theory was that Heather was pregnant. 131 00:05:52,854 --> 00:05:56,649 ‐ Could this possible baby between Sidney and Heather 132 00:05:56,733 --> 00:05:58,651 have caused her disappearance? 133 00:05:58,735 --> 00:06:01,821 ‐ Heather called Sidney, and they talk again 134 00:06:01,905 --> 00:06:04,490 around 3:00 a. m. in the morning. 135 00:06:04,574 --> 00:06:07,785 ‐ Heather Elvis then goes to Peachtree Landing, 136 00:06:07,869 --> 00:06:14,000 which is probably one of the darkest areas in Horry County. 137 00:06:14,083 --> 00:06:17,545 ‐ It's not long after that that surveillance captured 138 00:06:17,670 --> 00:06:22,383 what appeared to be the Moorers' truck 139 00:06:22,508 --> 00:06:25,011 also heading to Peachtree Landing. 140 00:06:25,094 --> 00:06:28,264 ‐ About the time their truck would have reached the landing 141 00:06:28,389 --> 00:06:31,142 is when Heather Elvis' phone dies, 142 00:06:31,225 --> 00:06:32,810 and we never hear from it again. 143 00:06:32,894 --> 00:06:36,356 ‐ But there was some criticism of this video. 144 00:06:36,481 --> 00:06:37,857 Again, this was back in 2013. 145 00:06:37,899 --> 00:06:40,485 This wasn't very high‐quality footage. 146 00:06:40,568 --> 00:06:42,570 ‐ Look, there was some suspicious things, 147 00:06:42,695 --> 00:06:47,116 the grainy footage, somebody they say that that's him, 148 00:06:47,241 --> 00:06:50,995 and then the footage of his truck 149 00:06:51,079 --> 00:06:53,456 going toward the boat landing and back. 150 00:06:53,539 --> 00:06:57,877 All of that could be true, and it could be true 151 00:06:57,961 --> 00:07:00,588 that Sidney Moorer was the culprit. 152 00:07:00,672 --> 00:07:03,007 But Tammy wasn't calling her. 153 00:07:03,132 --> 00:07:05,593 No one said Tammy drove the truck in that direction. 154 00:07:05,677 --> 00:07:08,721 So if you look at it like that, 155 00:07:08,805 --> 00:07:11,349 the case against Tammy Moorer 156 00:07:11,391 --> 00:07:13,893 is that she's married to Sidney Moorer, 157 00:07:14,018 --> 00:07:17,146 and Sidney Moorer had an affair with a woman. 158 00:07:17,230 --> 00:07:22,944 His phone talked to her phone, and then no one saw her again. 159 00:07:23,069 --> 00:07:26,823 That's it. That's the case. That's the entire case. 160 00:07:26,906 --> 00:07:28,658 ‐ Now, Sidney Moorer was already tried 161 00:07:28,741 --> 00:07:31,703 for the crime in 2016, and did not take the stand. 162 00:07:31,786 --> 00:07:34,706 But his kidnapping trial ended in a hung jury 163 00:07:34,789 --> 00:07:37,125 after jurors couldn't agree on a verdict. 164 00:07:37,208 --> 00:07:38,710 He was set to be retried. 165 00:07:38,835 --> 00:07:41,421 But if jurors couldn't even agree whether he was involved 166 00:07:41,546 --> 00:07:43,673 when so much of the prosecution's evidence 167 00:07:43,715 --> 00:07:45,717 connected him to the victim, 168 00:07:45,842 --> 00:07:48,428 how could they ever hope to convict Tammy? 169 00:07:48,553 --> 00:07:51,889 ‐ The conspiracy, which they're charged with, 170 00:07:51,973 --> 00:07:55,018 it's because they're doing all this together. 171 00:07:55,143 --> 00:08:00,398 Tammy has the motive, but Sidney has the means. 172 00:08:00,523 --> 00:08:02,734 It takes Sidney to lure her out. 173 00:08:02,859 --> 00:08:06,154 It takes them both working together. 174 00:08:06,237 --> 00:08:08,656 ‐ In the five years since Heather went missing, 175 00:08:08,740 --> 00:08:11,367 the public response to Tammy Moorer 176 00:08:11,451 --> 00:08:14,037 has not been particularly sympathetic. 177 00:08:14,162 --> 00:08:16,998 ‐ People definitely and very effectively 178 00:08:17,081 --> 00:08:18,958 vilified Tammy Moorer. 179 00:08:19,042 --> 00:08:23,504 It was never, "The poor woman is raising these kids, 180 00:08:23,629 --> 00:08:26,883 home‐schooling these kids, and her husband's off 181 00:08:27,008 --> 00:08:29,761 having an affair with this younger woman." 182 00:08:29,886 --> 00:08:32,430 ‐ So people were shocked 183 00:08:32,555 --> 00:08:35,433 that Tammy was gonna walk up to the stand 184 00:08:35,516 --> 00:08:38,728 and make her own defense in this case. 185 00:08:38,853 --> 00:08:42,565 ‐ Tammy Caison Moorer, M‐O‐O‐R‐E‐R. 186 00:08:42,648 --> 00:08:45,693 ‐ When Tammy took the stand, all eyes, 187 00:08:45,777 --> 00:08:47,320 all ears were at attention. 188 00:08:47,403 --> 00:08:49,614 We wanted to hear what she had to see. 189 00:09:02,418 --> 00:09:03,669 ‐ Tammy Moorer is on trial 190 00:09:03,753 --> 00:09:05,338 charged with kidnapping in connection 191 00:09:05,421 --> 00:09:07,799 with the disappearance of her husband's 20‐year‐old 192 00:09:07,882 --> 00:09:11,302 girlfriend Heather Elvis in December of 2013. 193 00:09:11,385 --> 00:09:13,721 It's been five years since Heather went missing 194 00:09:13,805 --> 00:09:16,808 in a devastating loss for her grieving family. 195 00:09:16,891 --> 00:09:22,730 ‐ This is a story about jealousy and deceit. 196 00:09:22,814 --> 00:09:24,774 "Mirror, mirror on the wall. 197 00:09:24,899 --> 00:09:28,194 Who is the fairest of them all?" 198 00:09:28,277 --> 00:09:29,904 And everything was fine 199 00:09:29,987 --> 00:09:34,534 as long as she saw her reflection in the mirror. 200 00:09:34,575 --> 00:09:36,619 ‐ Because there's no body to even prove 201 00:09:36,744 --> 00:09:39,205 that Heather died, prosecutors charged Moorer 202 00:09:39,247 --> 00:09:41,707 with kidnapping and conspiracy to kidnap 203 00:09:41,791 --> 00:09:43,459 since they believe she worked together 204 00:09:43,584 --> 00:09:45,753 with her husband to abduct Heather. 205 00:09:45,878 --> 00:09:48,881 They portrayed a defendant motivated by jealousy 206 00:09:49,006 --> 00:09:52,009 and an unexpected pregnancy. 207 00:09:52,135 --> 00:09:53,803 ‐ When we presented the evidence, 208 00:09:53,886 --> 00:09:56,180 the first thing we went into was the fact 209 00:09:56,222 --> 00:09:59,058 that Heather may have been pregnant at the time. 210 00:09:59,183 --> 00:10:02,770 ‐ Heather's roommate at the time testified that 211 00:10:02,895 --> 00:10:04,897 leading up to when Heather went missing 212 00:10:04,981 --> 00:10:09,777 she had noticed that Heather had put on some weight. 213 00:10:09,861 --> 00:10:13,739 She had to buy new clothes to wear on a day‐to‐day basis. 214 00:10:13,823 --> 00:10:15,825 ‐ She gained weight, and I know that, 215 00:10:15,908 --> 00:10:17,952 because she had to show off her fancy 216 00:10:18,077 --> 00:10:20,955 new Victoria's Secret bra she bought. 217 00:10:21,038 --> 00:10:25,251 ‐ She also needed new clothes to wear to work. 218 00:10:35,636 --> 00:10:37,805 ‐ She had taken a pregnancy test at one point, 219 00:10:37,889 --> 00:10:41,267 but it had come back as an error or inconclusive. 220 00:10:45,897 --> 00:10:49,275 ‐ Prosecutors pointed to this being a possible motive 221 00:10:49,358 --> 00:10:51,068 of her disappearance. 222 00:10:51,152 --> 00:10:54,864 ‐ In Tammy Moorer's case, we've got some rumors 223 00:10:54,906 --> 00:10:56,991 that Heather Elvis 224 00:10:57,074 --> 00:10:59,827 might have been pregnant‐‐not that she was pregnant, 225 00:10:59,911 --> 00:11:01,204 not that she said she was pregnant, 226 00:11:01,287 --> 00:11:04,749 not that we have a positive pregnancy test. 227 00:11:04,832 --> 00:11:06,876 So this whole pregnancy thing 228 00:11:06,959 --> 00:11:08,544 was kind of a manufactured motive, 229 00:11:08,669 --> 00:11:10,963 if you will, as far as I'm concerned. 230 00:11:11,047 --> 00:11:13,174 ‐ The state's case, however, relied on more 231 00:11:13,299 --> 00:11:14,967 than a possible pregnancy. 232 00:11:15,051 --> 00:11:16,844 The night of Heather's disappearance, 233 00:11:16,969 --> 00:11:19,013 investigators say the Moorers were caught on camera 234 00:11:19,096 --> 00:11:22,141 in multiple locations around Myrtle Beach. 235 00:11:22,225 --> 00:11:26,103 ‐ Being that the state didn't have any real hard evidence, 236 00:11:26,229 --> 00:11:30,358 as far as fingerprints or blood or eyewitnesses, 237 00:11:30,483 --> 00:11:31,859 some of the strongest evidence 238 00:11:31,943 --> 00:11:34,403 that the state had was video surveillance 239 00:11:34,528 --> 00:11:38,866 showing Sidney Moorer making a phone call from a pay phone 240 00:11:38,991 --> 00:11:41,369 to Heather Elvis' cell phone. 241 00:11:48,751 --> 00:11:50,253 ‐ But it's very grainy. 242 00:11:50,336 --> 00:11:52,588 It's‐‐it's really hard to tell what you're looking at. 243 00:11:52,672 --> 00:11:56,717 And they really had to rely on 244 00:11:56,801 --> 00:11:58,719 the call records that existed 245 00:11:58,803 --> 00:12:01,514 with that pay phone and testimony 246 00:12:01,555 --> 00:12:02,890 from Heather's best friend 247 00:12:03,015 --> 00:12:05,017 to really connect that the person you're seeing 248 00:12:05,059 --> 00:12:08,187 in that surveillance video was Sidney. 249 00:12:08,271 --> 00:12:12,024 Bree Warrellmann testified that Heather had told her, 250 00:12:12,108 --> 00:12:14,360 you know, that she had heard from Sidney 251 00:12:14,443 --> 00:12:16,529 calling from this pay phone. 252 00:12:16,612 --> 00:12:20,533 Heather told Bree that Sidney was leaving his wife, 253 00:12:20,658 --> 00:12:22,201 that he wanted to be with Heather, 254 00:12:22,285 --> 00:12:24,453 that he wanted to meet up with her. 255 00:12:24,578 --> 00:12:28,374 ‐ My exact words were, "Do not call Sidney back. 256 00:12:28,457 --> 00:12:29,959 Don't do anything rash. 257 00:12:30,084 --> 00:12:35,256 Go to sleep, and we'll talk about it tomorrow." 258 00:12:41,220 --> 00:12:43,472 ‐ I haven't. 259 00:12:43,556 --> 00:12:45,933 ‐ The prosecution argued that Sidney may have helped, 260 00:12:46,017 --> 00:12:48,477 but it was Tammy's plan from the beginning. 261 00:12:48,561 --> 00:12:51,397 They painted a picture of Tammy as a jealous, 262 00:12:51,480 --> 00:12:52,773 controlling wife. 263 00:12:52,857 --> 00:12:55,234 ‐ Early on in the investigation 264 00:12:55,359 --> 00:12:58,070 Tammy has spoken to an investigator, 265 00:12:58,195 --> 00:12:59,697 and in Tammy's own words, 266 00:12:59,822 --> 00:13:03,367 she said that they had a very open relationship. 267 00:13:03,409 --> 00:13:04,827 ‐ You don't‐‐you guys don't understand. 268 00:13:04,910 --> 00:13:06,620 I had boyfriends. We had an open marriage. 269 00:13:06,746 --> 00:13:10,708 That's okay. I could care less if he had sex with 100 people. 270 00:13:10,791 --> 00:13:12,209 ‐ Okay. All right. 271 00:13:12,293 --> 00:13:14,253 ‐ I mean, that doesn't really‐‐that doesn't bother me. 272 00:13:14,378 --> 00:13:16,672 ‐ But by reading Tammy's text messages, 273 00:13:16,756 --> 00:13:20,092 she described her heart as being black, 274 00:13:20,176 --> 00:13:23,054 that she had lost her‐‐ her soulmate. 275 00:13:27,433 --> 00:13:29,018 ‐ You want me to just start reading from the very top? 276 00:13:29,101 --> 00:13:30,519 ‐ Yes. ‐ "He betrayed me, 277 00:13:30,644 --> 00:13:33,814 "and I will never, ever forgive or forget it. 278 00:13:33,898 --> 00:13:36,442 "Trust me. There's zero love on my end. 279 00:13:36,525 --> 00:13:37,902 I [bleep] hate him." 280 00:13:38,027 --> 00:13:40,529 ‐ A lot of the witness testimony and evidence 281 00:13:40,654 --> 00:13:43,574 that was presented does paint her 282 00:13:43,699 --> 00:13:45,284 in a bit of a different light. 283 00:13:45,368 --> 00:13:48,329 ‐ "It pisses me off that he'd [bleep] such a dog." 284 00:13:55,920 --> 00:13:57,171 ‐ She was scared of Tammy. 285 00:13:57,296 --> 00:13:59,215 ‐ There was also some testimony brought up 286 00:13:59,340 --> 00:14:05,179 that Tammy had Sidney tattoo her name above his... 287 00:14:05,262 --> 00:14:08,516 ‐ When Sidney Moorer got the tattoo of Tammy's name 288 00:14:08,641 --> 00:14:10,101 on his lower body, 289 00:14:10,226 --> 00:14:13,312 I did recall hearing, "If you wouldn't have messed 290 00:14:13,396 --> 00:14:15,356 with that girl, this wouldn't have been happening." 291 00:14:15,481 --> 00:14:19,068 ‐ There was testimony that she had possibly 292 00:14:19,193 --> 00:14:21,862 chained her husband to the bed. 293 00:14:30,413 --> 00:14:32,790 ‐ If you ever get accused of anything, 294 00:14:32,915 --> 00:14:34,917 if you're ever on trial, 295 00:14:35,000 --> 00:14:40,005 you really want to have led an exemplary life. 296 00:14:40,131 --> 00:14:42,967 ‐ The prosecution brought up text messages 297 00:14:43,050 --> 00:14:46,470 that Tammy had with an internet lover, 298 00:14:46,554 --> 00:14:48,013 if you will, of Tammy's, 299 00:14:48,097 --> 00:14:51,600 and some of those text messages were sexually graphic. 300 00:14:51,725 --> 00:14:54,061 ‐ Another message: "I want to feel it 301 00:14:54,145 --> 00:14:56,355 inside of me." Another message: 302 00:14:56,439 --> 00:14:59,191 "You are perfect." And then there's a message: 303 00:14:59,275 --> 00:15:01,485 "Have you [bleep] a lot of girls?" 304 00:15:01,569 --> 00:15:04,238 ‐ And you're supposed to be on trial because the evidence 305 00:15:04,363 --> 00:15:07,032 says you're guilty. You're supposed to be on trial 306 00:15:07,116 --> 00:15:08,617 because scientific evidence 307 00:15:08,701 --> 00:15:12,538 and reliable witnesses say that you did something illegal. 308 00:15:12,663 --> 00:15:14,707 ‐ And there's another message from the phone: 309 00:15:14,748 --> 00:15:16,876 "This boy is so [bleep] fine." 310 00:15:16,959 --> 00:15:19,170 ‐ Not how you've lived your life, 311 00:15:19,253 --> 00:15:21,630 whether or not you were rude on social media. 312 00:15:21,714 --> 00:15:23,966 ‐ And then there's a message from the phone that says, 313 00:15:24,049 --> 00:15:26,177 "You are making my [bleep] wet." 314 00:15:26,260 --> 00:15:28,971 ‐ And so our position was always the state 315 00:15:29,054 --> 00:15:30,973 had to go after her character, 316 00:15:31,056 --> 00:15:33,100 because they didn't have any evidence 317 00:15:33,225 --> 00:15:35,352 that she kidnapped Heather Elvis. 318 00:15:35,436 --> 00:15:37,521 ‐ In cases like this, defendants facing 319 00:15:37,646 --> 00:15:40,649 exclusively circumstantial evidence stand a real chance 320 00:15:40,733 --> 00:15:44,236 of being acquitted if they play their cards right. 321 00:15:44,320 --> 00:15:47,573 So what compelled Tammy Moorer to tell hour side of the story 322 00:15:47,656 --> 00:15:49,700 and gamble with her freedom? 323 00:15:49,825 --> 00:15:51,410 She's facing 30 years in prison 324 00:15:51,494 --> 00:15:53,746 if the jury doesn't believe her. 325 00:15:53,829 --> 00:15:55,039 ‐ All experienced defense lawyers 326 00:15:55,164 --> 00:15:56,707 would say the same thing: 327 00:15:56,790 --> 00:15:59,543 do not testify in your own defense 328 00:15:59,627 --> 00:16:01,337 in a circumstantial case. 329 00:16:05,174 --> 00:16:08,177 ‐ There's a big safety factor in not testifying. 330 00:16:08,260 --> 00:16:11,138 Now, having said that, the right to testify 331 00:16:11,222 --> 00:16:15,434 or not to testify belongs to the person on trial. 332 00:16:22,483 --> 00:16:24,693 ‐ If Tammy Moorer is going to testify 333 00:16:24,735 --> 00:16:30,533 in Tammy Moorer's defense, that's 100% her right. 334 00:16:42,294 --> 00:16:44,171 ‐ Did you, out of retaliation, 335 00:16:44,255 --> 00:16:47,383 handcuff your husband to that bed to keep him there? 336 00:16:52,846 --> 00:16:55,641 ‐ Have you ever handcuffed your husband 337 00:16:55,724 --> 00:16:59,395 in some kind of, like, sex play? 338 00:17:06,193 --> 00:17:08,195 ‐ Tammy Moorer has taken the stand to try to convince 339 00:17:08,237 --> 00:17:11,073 the jury she has no hatred for her husband's lover, 340 00:17:11,156 --> 00:17:14,118 Heather Elvis, who has never been found. 341 00:17:14,243 --> 00:17:16,370 It's a risky decision to take the stand. 342 00:17:16,412 --> 00:17:18,998 Will she convince the jurors that she had nothing to do 343 00:17:19,081 --> 00:17:20,541 with Heather Elvis' disappearance, 344 00:17:20,583 --> 00:17:24,837 or might she make a mistake that could seal her fate? 345 00:17:24,920 --> 00:17:28,340 ‐ Did your husband, Sidney Moorer, 346 00:17:28,424 --> 00:17:30,843 get a tattoo of your name, Tammy, 347 00:17:30,926 --> 00:17:34,221 tattooed across his abdomen? 348 00:17:34,305 --> 00:17:40,811 ‐ Was Sidney forced to get‐‐ by you to get that tattoo? 349 00:17:42,104 --> 00:17:44,356 ‐ Was he forced by you 350 00:17:44,440 --> 00:17:47,276 to get that tattoo in retaliation 351 00:17:47,401 --> 00:17:50,571 for having an affair with Heather Elvis? 352 00:17:54,742 --> 00:17:59,413 ‐ I believe that it's just not fair for a person 353 00:17:59,538 --> 00:18:04,543 who is put on trial to be ridiculed or put down 354 00:18:04,668 --> 00:18:07,796 or being convicted‐‐ "Yeah, she's guilty." 355 00:18:07,880 --> 00:18:12,426 We don't know until we get deeper into the trial. 356 00:18:18,223 --> 00:18:20,225 ‐ It was Halloween night, going into November 1st 357 00:18:20,309 --> 00:18:24,063 that morning‐‐ is when I found out. 358 00:18:27,399 --> 00:18:29,568 ‐ She called that‐‐ within hours, 359 00:18:29,652 --> 00:18:32,154 the girl called me back and told me who she was. 360 00:18:32,237 --> 00:18:34,365 I had no idea. 361 00:18:46,794 --> 00:18:51,173 ‐ Tammy Moorer and her attorney tried to present Tammy Moorer 362 00:18:51,256 --> 00:18:53,092 as a woman who did not care 363 00:18:53,217 --> 00:18:55,552 that her husband had had an affair. 364 00:18:55,636 --> 00:18:59,014 She as 42 years old. She had three kids. 365 00:18:59,139 --> 00:19:01,767 But she was not jealous of this very young, 366 00:19:01,892 --> 00:19:05,270 attractive 20‐year‐old. 367 00:19:23,872 --> 00:19:25,040 ‐ It was just an affair, 368 00:19:25,165 --> 00:19:27,584 and it was blown out of proportion. 369 00:19:49,690 --> 00:19:52,693 ‐ Tammy's stance from day one is that she just‐‐ 370 00:19:52,776 --> 00:19:54,027 she didn't know what‐‐ 371 00:19:54,111 --> 00:19:56,822 I mean, her point of view was that, 372 00:19:56,905 --> 00:19:58,741 "I don't‐‐why am I here?" 373 00:20:04,246 --> 00:20:09,626 ‐ All right. 374 00:20:09,752 --> 00:20:12,087 ‐ "Why do they think that I did something? 375 00:20:12,212 --> 00:20:13,672 And this is crazy." 376 00:20:17,217 --> 00:20:18,677 ‐ That was her stance from day one, 377 00:20:18,761 --> 00:20:20,471 and it's never changed. 378 00:20:23,515 --> 00:20:26,351 ‐ And once you went home, did you stay home? 379 00:20:26,477 --> 00:20:27,728 ‐ Yes. 380 00:20:27,853 --> 00:20:29,605 ‐ Tammy's given her version of events, what she says 381 00:20:29,730 --> 00:20:32,316 she and Sidney did the night Heather disappeared. 382 00:20:32,399 --> 00:20:35,527 Against that, the jury has to weigh the state's case, 383 00:20:35,611 --> 00:20:37,279 where the most significant evidence 384 00:20:37,362 --> 00:20:40,073 is a pair of grainy surveillance videos 385 00:20:40,199 --> 00:20:42,242 that don't show Tammy at all. 386 00:20:51,752 --> 00:20:53,587 ‐ As far as the surveillance video goes, 387 00:20:53,712 --> 00:20:56,340 it's really hard to tell what you're looking at. 388 00:21:01,970 --> 00:21:03,180 ‐ Was there enough evidence 389 00:21:03,305 --> 00:21:06,642 to connect Tammy to Heather's disappearance? 390 00:21:24,743 --> 00:21:26,620 ‐ Was the jury gonna believe that she was really 391 00:21:26,745 --> 00:21:30,916 jealous enough to be involved in Heather's disappearance? 392 00:22:22,342 --> 00:22:25,095 ‐ While her defense attorneys questioned her, 393 00:22:25,178 --> 00:22:27,514 she was cooperative. 394 00:22:27,598 --> 00:22:30,434 She seemed to be this reasonable woman 395 00:22:30,559 --> 00:22:32,853 that the jury could understand. 396 00:23:16,229 --> 00:23:18,607 ‐ As a lawyer, once you say, 397 00:23:18,732 --> 00:23:23,904 "No more questions; please answer any questions 398 00:23:24,029 --> 00:23:26,365 the prosecutor may have," 399 00:23:26,448 --> 00:23:29,201 now you have completely let go of the wheel. 400 00:23:29,326 --> 00:23:32,037 It's going to be a rough ride. 401 00:23:32,120 --> 00:23:33,914 ♪ ♪ 402 00:23:43,090 --> 00:23:45,634 ‐ When you're in court against any prosecutor 403 00:23:45,717 --> 00:23:48,053 that knows what he or she is doing... 404 00:24:03,568 --> 00:24:05,988 ‐ It's like getting in a boxing match 405 00:24:06,071 --> 00:24:07,531 in a ring with a boxer 406 00:24:07,656 --> 00:24:11,702 who's trained for five years, and you haven't. 407 00:24:19,918 --> 00:24:23,922 The prosecutor is there to knock your lights out. 408 00:24:40,731 --> 00:24:42,274 ‐ It's late October 2018, 409 00:24:42,399 --> 00:24:45,193 and Tammy Moorer is on trial for kidnapping her husband's 410 00:24:45,277 --> 00:24:49,364 20‐year‐old girlfriend in December of 2013. 411 00:24:49,489 --> 00:24:50,866 Her direct examination went well, 412 00:24:50,991 --> 00:24:53,869 but few defendants ever take the stand 413 00:24:53,994 --> 00:24:56,997 in large part because the prosecution gets a turn too. 414 00:24:57,080 --> 00:25:00,584 The real danger in testifying is the cross‐examination. 415 00:25:00,709 --> 00:25:04,171 ‐ When I got up to cross‐examine Tammy Moorer, 416 00:25:04,296 --> 00:25:08,341 I knew that that was the moment that everybody in Horry County 417 00:25:08,467 --> 00:25:09,676 had been waiting for. 418 00:25:09,760 --> 00:25:12,971 Now, you do know who Heather Elvis is, correct? 419 00:25:13,055 --> 00:25:16,391 ‐ I do. She's a very pretty girl. 420 00:25:16,516 --> 00:25:18,018 ‐ This is her? ‐ Yes. 421 00:25:18,101 --> 00:25:20,103 ‐ And is this the way you saw her? 422 00:25:20,228 --> 00:25:23,523 ‐ I've never seen her. That's a picture. Yes. 423 00:25:23,607 --> 00:25:26,318 ‐ I think she was a little tired by that time. 424 00:25:26,401 --> 00:25:27,819 And like all of us, 425 00:25:27,903 --> 00:25:30,447 that's when our true colors kind of start coming out. 426 00:25:30,572 --> 00:25:33,992 On the phone records, it showed where you called Heather Elvis 427 00:25:34,076 --> 00:25:36,828 and blocked your number. Do you remember that? 428 00:25:36,912 --> 00:25:38,705 ‐ I probably did that night... ‐ Okay. 429 00:25:38,789 --> 00:25:41,958 ‐ Trying to get her to answer. 430 00:25:49,883 --> 00:25:53,095 ‐ When Tammy was on the stand, I thought, 431 00:25:53,220 --> 00:25:55,847 "Okay, you know, this girl has to have it together, 432 00:25:55,931 --> 00:25:58,683 because her life is on the line." 433 00:25:58,767 --> 00:26:00,268 ‐ I didn't talk to her till the next day. 434 00:26:00,393 --> 00:26:02,187 She was at work when she called me. 435 00:26:05,816 --> 00:26:07,359 ‐ She called the person 436 00:26:07,484 --> 00:26:09,152 that was trying to find out who she was. 437 00:26:09,236 --> 00:26:11,279 She didn't hang up on me when she called me or anything. 438 00:26:11,404 --> 00:26:14,533 It was a nice conversation. She was a nice girl. 439 00:26:14,574 --> 00:26:16,952 She wasn't mean to me. I wasn't mean to her. 440 00:26:18,245 --> 00:26:20,205 ‐ I was not mean to her in that conversation. 441 00:26:20,288 --> 00:26:23,041 ‐ So before that phone call, you texted her, 442 00:26:23,125 --> 00:26:25,418 "You can tell me who you are right now, 443 00:26:25,544 --> 00:26:27,087 "or I will find out another way. 444 00:26:27,212 --> 00:26:30,757 That way won't have a great turnout for you." 445 00:26:33,301 --> 00:26:35,595 ‐ I think it was good for Tammy 446 00:26:35,679 --> 00:26:40,058 to be out there to tell her story. 447 00:26:40,183 --> 00:26:41,351 ‐ And she wrote you back, 448 00:26:41,434 --> 00:26:43,854 "Nobody you need to worry about anymore." 449 00:26:43,979 --> 00:26:46,022 ‐ Because she knew she was having an affair 450 00:26:46,148 --> 00:26:47,023 and he was married. 451 00:26:47,107 --> 00:26:48,483 I didn't know anything about it. 452 00:26:48,567 --> 00:26:49,943 I had no clue about any of this. 453 00:26:50,026 --> 00:26:53,780 ‐ So we can compare it to what Nancy‐‐ 454 00:26:53,864 --> 00:26:57,701 the prosecution‐‐ had presented to us, 455 00:26:57,826 --> 00:26:59,786 so we can put them kind of together. 456 00:26:59,870 --> 00:27:02,455 ‐ Again, she's telling you, "You don't need to worry 457 00:27:02,581 --> 00:27:04,040 about me. Please leave me alone." 458 00:27:04,124 --> 00:27:06,668 ‐ Yeah. So that‐‐that raised more questions from me, 459 00:27:06,751 --> 00:27:08,837 'cause why would she say that? 460 00:27:08,962 --> 00:27:12,048 That made me think that it was some sort of affair. 461 00:27:12,174 --> 00:27:14,885 ‐ Well, it was an affair. ‐ It was. And I didn't know it. 462 00:27:15,010 --> 00:27:16,636 I mean, do you see what I'm saying? 463 00:27:16,720 --> 00:27:18,972 'Cause I understand the way you're looking at it 464 00:27:19,055 --> 00:27:21,766 and the way the world's looked at it for five years. 465 00:27:21,892 --> 00:27:23,685 You guys didn't understand my point of view, 466 00:27:23,810 --> 00:27:25,395 and my point of view was, I had no idea 467 00:27:25,478 --> 00:27:27,397 who I was talking to in the beginning. 468 00:27:27,522 --> 00:27:28,690 Once Heather told me the truth, 469 00:27:28,773 --> 00:27:31,693 I had no‐‐ I didn't care anymore. 470 00:27:31,776 --> 00:27:33,695 She called me, and we were fine. 471 00:27:33,778 --> 00:27:36,531 ‐ Then why did you write, "I do not love him. 472 00:27:36,656 --> 00:27:38,408 "He betrayed me. And I will never, 473 00:27:38,533 --> 00:27:40,702 "ever forgive or forget it. Trust me. 474 00:27:40,827 --> 00:27:44,497 There's zero love on my end. I [bleep] hate him"? 475 00:27:44,581 --> 00:27:46,583 ‐ In the beginning, I still‐‐I still 476 00:27:46,708 --> 00:27:50,837 hated him a lot, and I hate him a lot now, 477 00:27:50,921 --> 00:27:52,547 because he didn't stand up for himself 478 00:27:52,672 --> 00:27:54,966 and testify in his last trial. 479 00:27:55,050 --> 00:27:57,552 It's just‐‐there's feelings for people, 480 00:27:57,677 --> 00:27:59,679 and it's hard to overcome that. 481 00:27:59,804 --> 00:28:04,434 ‐ So you were obviously very angry. 482 00:28:04,517 --> 00:28:07,187 ‐ Okay. 483 00:28:13,109 --> 00:28:15,862 ♪ ♪ 484 00:28:28,708 --> 00:28:30,877 "With a psycho whore." 485 00:28:30,961 --> 00:28:33,588 ‐ To watch your client be cross‐examined 486 00:28:33,713 --> 00:28:35,006 in a felony trial, 487 00:28:35,090 --> 00:28:37,425 you just‐‐you're really‐‐ it's powerlessness. 488 00:28:37,509 --> 00:28:40,095 ‐ And that's what you called her after the girl was missing. 489 00:28:40,220 --> 00:28:43,223 ‐ Person testifying is on their own. 490 00:28:43,348 --> 00:28:45,058 They're untethered. 491 00:28:45,183 --> 00:28:48,478 You are completely out of control. 492 00:28:51,690 --> 00:28:54,317 ‐ Right. 493 00:28:54,401 --> 00:28:55,902 ‐ You can't do anything. 494 00:29:08,415 --> 00:29:09,791 ‐ Tammy Moorer's cross‐ examination has been tough. 495 00:29:09,916 --> 00:29:10,834 Lucky for her, she's testifying 496 00:29:10,917 --> 00:29:12,168 on a Friday afternoon, 497 00:29:12,252 --> 00:29:14,087 and the judge adjourns for the weekend. 498 00:29:14,212 --> 00:29:15,922 The following Monday, Tammy's about to get one 499 00:29:16,006 --> 00:29:18,008 last chance to make her case. 500 00:29:18,091 --> 00:29:20,260 ‐ You can continue this cross‐examination. 501 00:29:20,385 --> 00:29:23,471 ‐ Thank you, Judge. 502 00:29:23,555 --> 00:29:25,473 Okay, so at 3:17, 503 00:29:25,557 --> 00:29:30,145 this phone call happens between y'all and her. 504 00:29:30,228 --> 00:29:33,440 ‐ Yes. Not me. Between her and Sidney. Yes. 505 00:29:33,565 --> 00:29:38,194 ‐ And then at 3:35, your truck is going down 814 506 00:29:38,278 --> 00:29:40,030 just a few minutes later. Is that correct? 507 00:29:40,113 --> 00:29:41,948 ‐ My truck is not, but you have told people that 508 00:29:42,073 --> 00:29:43,867 and led them to believe that over the years. 509 00:29:43,950 --> 00:29:46,828 But my truck did not go to the landing that night. 510 00:29:46,911 --> 00:29:49,080 I promise you that on this Holy Bible. 511 00:29:49,164 --> 00:29:51,833 ‐ Despite Tammy's assertions, grainy surveillance footage 512 00:29:51,916 --> 00:29:54,461 of a truck that drove towards Peachtree Landing 513 00:29:54,544 --> 00:29:56,129 on the night of December 18th 514 00:29:56,212 --> 00:29:58,340 was a pillar of the state's case against her. 515 00:29:58,465 --> 00:30:01,926 ‐ During the time that Heather Elvis was at the landing, 516 00:30:02,052 --> 00:30:04,929 those surveillance cameras caught a truck 517 00:30:05,055 --> 00:30:08,433 we thought was Sidney's going down to the landing. 518 00:30:08,558 --> 00:30:09,726 ‐ After a few minutes, 519 00:30:09,851 --> 00:30:11,978 this same truck is seen coming back, 520 00:30:12,062 --> 00:30:14,689 and you do not see Heather Elvis' car returning. 521 00:30:14,773 --> 00:30:19,277 So it all seemed that Sidney was directly 522 00:30:19,361 --> 00:30:22,280 connected to the disappearance of Heather Elvis. 523 00:30:22,364 --> 00:30:25,033 ‐ But it's really hard to tell what you're looking at. 524 00:30:25,158 --> 00:30:28,286 So the prosecutors brought on this expert witness, 525 00:30:28,370 --> 00:30:31,581 who supposedly works in this science 526 00:30:31,664 --> 00:30:34,042 of examining headlight patterns, 527 00:30:34,084 --> 00:30:36,252 because they needed someone to testify 528 00:30:36,336 --> 00:30:39,047 to that being the Moorers' truck. 529 00:30:55,522 --> 00:31:00,985 ‐ He said that a headlight spread pattern 530 00:31:01,069 --> 00:31:05,323 was equal to a fingerprint or a DNA match. 531 00:31:05,407 --> 00:31:09,202 And when I heard this, I laughed out loud. 532 00:31:09,244 --> 00:31:12,914 If there's a guy who can definitively 533 00:31:13,039 --> 00:31:14,833 identify a vehicle 534 00:31:14,916 --> 00:31:17,752 as being unique in the universe 535 00:31:17,877 --> 00:31:22,006 based on a headlight spread pattern on an old 536 00:31:22,048 --> 00:31:24,884 analog video camera, 537 00:31:25,009 --> 00:31:28,805 then why would that not be used everywhere? 538 00:31:28,888 --> 00:31:32,892 And even if you believe that that's Sidney Moorer's truck, 539 00:31:33,017 --> 00:31:35,353 two things they couldn't say with any kind of certainty 540 00:31:35,395 --> 00:31:38,356 is where the truck went and who was in the truck. 541 00:31:38,481 --> 00:31:40,567 ‐ If the jury believes it was the Moorers' truck 542 00:31:40,692 --> 00:31:43,653 and Tammy was in it, it could be damning evidence. 543 00:31:43,736 --> 00:31:46,865 But Tammy isn't gonna concede that without a fight. 544 00:31:46,948 --> 00:31:51,411 ‐ Tammy Moorer had a plan to use cross‐examination 545 00:31:51,494 --> 00:31:52,871 to her advantage. 546 00:31:52,954 --> 00:31:56,916 This is just more time for me to get in front of the jury 547 00:31:57,041 --> 00:31:59,419 the information I want in front of the jury. 548 00:32:03,381 --> 00:32:06,259 ‐ They were horrible. You can't tell what that is. 549 00:32:11,055 --> 00:32:12,932 ‐ I don't know when those videos were made, 550 00:32:13,057 --> 00:32:15,685 so I don't agree with you. No. 551 00:32:15,727 --> 00:32:18,897 ‐ She was trying to take little bits and pieces here 552 00:32:19,022 --> 00:32:23,485 and twist it around in an effort to make it appear 553 00:32:23,568 --> 00:32:24,986 to be something it's not 554 00:32:25,069 --> 00:32:28,573 to try to cast doubt on all the testimony. 555 00:32:30,408 --> 00:32:32,118 ‐ I saw the videos you all produced. 556 00:32:32,243 --> 00:32:34,245 Yes. It's not my vehicle. 557 00:32:34,329 --> 00:32:36,331 ‐ When the state closed our case, 558 00:32:36,414 --> 00:32:40,084 we were very uncertain what the jury was gonna do. 559 00:32:43,463 --> 00:32:45,798 ‐ We knew that there was just as much of a chance 560 00:32:45,882 --> 00:32:48,843 that it could come back not guilty 561 00:32:48,885 --> 00:32:52,222 as it could guilty. 562 00:33:05,568 --> 00:33:08,738 ‐ A lot of the evidence that the prosecution relied on 563 00:33:08,821 --> 00:33:10,031 was circumstantial 564 00:33:10,073 --> 00:33:11,908 and brought up a lot of questions about, 565 00:33:12,033 --> 00:33:17,247 is this enough to tie Tammy to Heather's disappearance? 566 00:33:22,335 --> 00:33:24,003 ‐ With their circumstantial case, 567 00:33:24,128 --> 00:33:26,714 Nancy Livesay has to emphasize to the jury 568 00:33:26,798 --> 00:33:30,677 that the circumstances of Heather's disappearance 569 00:33:30,760 --> 00:33:32,845 can only lead to one conclusion. 570 00:33:32,929 --> 00:33:38,226 ‐ This is a story about jealousy and deceit. 571 00:33:38,351 --> 00:33:40,019 Heather was growing. 572 00:33:40,103 --> 00:33:41,354 She was getting bigger. 573 00:33:41,437 --> 00:33:45,483 She was taking pregnancy tests at work. 574 00:33:45,567 --> 00:33:49,654 The conspiracy which they're charged with, 575 00:33:49,737 --> 00:33:53,074 it's because they're doing all this together. 576 00:33:53,157 --> 00:33:56,327 Wherever you see his phone, you see her phone. 577 00:33:56,411 --> 00:33:59,706 They are working in conjunction. 578 00:33:59,831 --> 00:34:02,500 They arrived at Walmart at 1:12. 579 00:34:02,584 --> 00:34:06,045 They purchased the pregnancy test at 1:19. 580 00:34:06,129 --> 00:34:07,589 Departed at 1:21. 581 00:34:07,714 --> 00:34:09,674 And lo and behold, look, 582 00:34:09,799 --> 00:34:13,344 pay phone call, 1:33. 583 00:34:13,469 --> 00:34:17,473 Why? 'Cause the test was for her. 584 00:34:17,557 --> 00:34:20,226 Who‐‐what couple goes into Walmart 585 00:34:20,351 --> 00:34:22,270 and buys a test for each other 586 00:34:22,395 --> 00:34:26,691 and immediately walks out and calls his girlfriend? 587 00:34:26,816 --> 00:34:30,361 She's at home when she receives this pay phone call. 588 00:34:30,486 --> 00:34:32,614 Her date has dropped her back off. 589 00:34:32,739 --> 00:34:35,033 She then calls Bree and talks to her, 590 00:34:35,116 --> 00:34:36,534 and what does Bree tell her? 591 00:34:36,618 --> 00:34:39,245 "Stay home. Don't do anything tonight." 592 00:34:39,370 --> 00:34:40,580 That was good advice. 593 00:34:40,705 --> 00:34:44,667 Now, every phone call from here on out 594 00:34:44,751 --> 00:34:47,045 is trying to get back up with Sidney Moorer. 595 00:34:47,170 --> 00:34:49,255 Pay phone. Pay phone. Pay phone. 596 00:34:49,339 --> 00:34:50,965 Pay phone. Pay phone. Pay phone. 597 00:34:51,049 --> 00:34:52,383 Pay phone. Pay phone. 598 00:34:52,467 --> 00:34:54,177 I mean, she's tearing the pay phone up. 599 00:34:54,260 --> 00:34:56,554 She's speaking through these phone records. 600 00:34:56,679 --> 00:35:00,266 She's telling us who she's trying to get in touch with. 601 00:35:00,391 --> 00:35:03,978 She's telling us her last conversations. 602 00:35:04,062 --> 00:35:08,066 And they are all to do with Sidney Moorer. 603 00:35:08,191 --> 00:35:11,903 So don't question who's going down there. 604 00:35:12,028 --> 00:35:13,404 It's the same people 605 00:35:13,529 --> 00:35:17,825 that had the conversation with her at 3:17. 606 00:35:17,909 --> 00:35:20,453 She didn't talk to anybody else. 607 00:35:20,536 --> 00:35:23,039 Nobody else was worried and upset 608 00:35:23,081 --> 00:35:26,709 about Heather being pregnant but her. 609 00:35:26,834 --> 00:35:30,171 ♪ ♪ 610 00:35:30,296 --> 00:35:33,633 ‐ We have been in here for two weeks. 611 00:35:33,716 --> 00:35:40,056 We have heard 38 witnesses, who proved what? 612 00:35:40,181 --> 00:35:44,894 They didn't prove that she made him get a tattoo, 613 00:35:45,019 --> 00:35:47,021 because of the jealousy. 614 00:35:47,063 --> 00:35:53,361 They didn't prove that Heather Elvis was pregnant. 615 00:35:53,403 --> 00:35:58,366 The case is a joke. All right? They don't have a case. 616 00:35:58,408 --> 00:36:01,369 They don't have one piece of evidence. 617 00:36:01,452 --> 00:36:05,540 They don't have one fiber, one teardrop, 618 00:36:05,665 --> 00:36:07,083 one piece of salt, 619 00:36:07,166 --> 00:36:11,671 one piece of a shoelace at the boat landing. 620 00:36:11,796 --> 00:36:16,175 They cannot prove to you that anybody named Moorer 621 00:36:16,217 --> 00:36:21,222 ever went to the boat landing at the end of Peachtree Road. 622 00:36:21,305 --> 00:36:23,307 Think about it just a minute. 623 00:36:23,391 --> 00:36:26,728 If this lady right here, 624 00:36:26,853 --> 00:36:28,604 who's been under the cloud of these charges 625 00:36:28,730 --> 00:36:33,025 for four years‐‐ under suspicion four years 626 00:36:33,109 --> 00:36:34,569 and ten months‐‐ 627 00:36:34,694 --> 00:36:38,865 if that lady was who they say she is, 628 00:36:38,948 --> 00:36:41,659 and Sidney's gonna go use the pay phone 629 00:36:41,743 --> 00:36:46,581 to make the call to lure her out, then what? 630 00:36:46,706 --> 00:36:49,208 Don't you think she'd be standing there 631 00:36:49,292 --> 00:36:52,837 in the video listening? 632 00:36:52,879 --> 00:36:56,174 Her case is really her theory 633 00:36:56,257 --> 00:36:59,177 of how this might could have happened 634 00:36:59,302 --> 00:37:03,014 if you disregard a lot of things about it. 635 00:37:03,139 --> 00:37:04,390 And that's not a case. 636 00:37:04,474 --> 00:37:06,392 That's not proof beyond a reasonable doubt. 637 00:37:06,476 --> 00:37:09,729 Does not overcome the presumption of innocence. 638 00:37:09,812 --> 00:37:10,563 Thank you. 639 00:37:10,688 --> 00:37:12,482 ‐ After everything was done, 640 00:37:12,565 --> 00:37:15,943 we deliberated back to our jury room, 641 00:37:16,027 --> 00:37:19,405 and this is when we had to make the decision. 642 00:37:19,530 --> 00:37:20,698 We were all talking. 643 00:37:20,740 --> 00:37:24,285 Each one got to speak what they thought 644 00:37:24,410 --> 00:37:27,038 and what they thought about this whole thing, 645 00:37:27,079 --> 00:37:30,500 Tammy was guilty or not guilty. 646 00:37:30,583 --> 00:37:34,045 It is much different than it is when you watch it on TV, 647 00:37:34,170 --> 00:37:35,838 because you're gonna convict or not, 648 00:37:35,922 --> 00:37:40,009 and you want to make sure that you're doing the right thing. 649 00:37:40,092 --> 00:37:41,260 ‐ Now Tammy Moorer and the rest 650 00:37:41,385 --> 00:37:43,304 of the court have to wait. 651 00:37:43,387 --> 00:37:45,973 Will she be set free by this South Carolina jury? 652 00:37:46,057 --> 00:37:49,101 Or will she spend the next 30 years of her life 653 00:37:49,227 --> 00:37:51,646 regretting her decision to take the stand? 654 00:37:56,192 --> 00:37:57,693 ‐ Tammy Moorer's on trial for kidnapping her husband's 655 00:37:57,777 --> 00:37:59,862 young girlfriend, who's never been found. 656 00:37:59,987 --> 00:38:02,406 Her testimony's been a roller‐coaster ride of wins... 657 00:38:06,410 --> 00:38:07,662 ‐ And losses. 658 00:38:15,962 --> 00:38:17,255 ‐ So has the jury believed 659 00:38:17,380 --> 00:38:19,048 Tammy's assertions of innocence, 660 00:38:19,173 --> 00:38:21,467 or has her sometimes combative demeanor 661 00:38:21,551 --> 00:38:24,887 made them think she really did commit the crime? 662 00:38:24,971 --> 00:38:26,430 ‐ After everything was done, 663 00:38:26,556 --> 00:38:30,017 we deliberated back to our jury room, 664 00:38:30,059 --> 00:38:33,938 and this is when we had to make the decision. 665 00:38:34,021 --> 00:38:35,356 We were all taking. 666 00:38:35,439 --> 00:38:38,943 Each one got to speak what they thought 667 00:38:39,068 --> 00:38:40,528 about this whole thing. 668 00:38:40,570 --> 00:38:44,365 ‐ Thank you very much. Please be seated. 669 00:38:44,448 --> 00:38:45,616 Madame Forelady, I understand the jury 670 00:38:45,741 --> 00:38:47,243 has reached a verdict. Is that correct? 671 00:38:47,368 --> 00:38:48,703 ‐ Yes, sir. ‐ All right. 672 00:38:48,828 --> 00:38:50,204 If you would, please hand it to the bailiff. 673 00:38:50,329 --> 00:38:52,540 ‐ I feel like the tension in the room 674 00:38:52,623 --> 00:38:56,544 when the jury came back was almost impossible 675 00:38:56,669 --> 00:38:58,671 to breathe for everybody in there. 676 00:38:58,713 --> 00:39:02,091 This was an extremely complicated case. 677 00:39:02,216 --> 00:39:04,218 It was a tough case. It was nothing 678 00:39:04,302 --> 00:39:07,096 but circumstantial evidence in this case. 679 00:39:07,179 --> 00:39:08,347 There was no body. 680 00:39:08,431 --> 00:39:11,309 There was no confession. There was no eyewitness. 681 00:39:22,778 --> 00:39:24,030 ♪ ♪ 682 00:39:24,155 --> 00:39:27,533 ‐ Looking at all the evidence, seeing the tapes, 683 00:39:27,617 --> 00:39:29,410 hearing the detectives, 684 00:39:29,493 --> 00:39:34,624 I knew that Tammy was definitely guilty. 685 00:39:45,801 --> 00:39:49,096 ‐ When the clerk read "guilty," I felt like 686 00:39:49,221 --> 00:39:51,515 for the first time in a long time 687 00:39:51,641 --> 00:39:55,978 the victim's family was able to feel some relief 688 00:39:56,062 --> 00:39:57,438 and some closure 689 00:39:57,563 --> 00:40:00,066 from everything that had gone on up to this point. 690 00:40:14,246 --> 00:40:18,876 ‐ I was just so upset that this lady‐‐how stupid. 691 00:40:18,960 --> 00:40:22,546 She's going to jail. And she's got these kids. 692 00:40:22,630 --> 00:40:25,007 What are they gonna do for the rest of their lives? 693 00:40:25,091 --> 00:40:28,970 But we knew we made the right decision at that time. 694 00:40:29,053 --> 00:40:32,598 ‐ Whether or not Tammy Moorer taking the stand 695 00:40:32,682 --> 00:40:35,810 and testified‐‐whether that made a difference a trial, 696 00:40:35,893 --> 00:40:38,020 that's something‐‐even though I was there, 697 00:40:38,062 --> 00:40:41,482 I was present, I was actively defending her, 698 00:40:41,565 --> 00:40:42,650 I don't know the answer to that. 699 00:40:42,733 --> 00:40:44,527 I can't know the answer. 700 00:40:44,610 --> 00:40:45,945 ‐ Tammy took the stand, 701 00:40:46,070 --> 00:40:50,032 because she wanted to prove her innocence. 702 00:40:50,116 --> 00:40:53,786 But there was not a doubt in my mind she was guilty. 703 00:40:53,869 --> 00:40:56,789 ‐ I think a lot of people struggled to like Tammy, 704 00:40:56,914 --> 00:41:00,668 to take her at her word as, you know, 705 00:41:00,751 --> 00:41:04,005 she talked about how she wasn't jealous of Heather 706 00:41:04,088 --> 00:41:07,508 and she was fine with her relationship with Sidney 707 00:41:07,633 --> 00:41:09,635 and stepping out of her marriage. 708 00:41:09,719 --> 00:41:11,262 ‐ I had boyfriends. We had an open marriage. 709 00:41:11,387 --> 00:41:15,224 That's okay. I could care less if he had sex with 100 people. 710 00:41:15,349 --> 00:41:17,768 ‐ I don't think that that played well with 711 00:41:17,852 --> 00:41:21,480 this conservative atmosphere 712 00:41:21,564 --> 00:41:24,400 in Horry County, South Carolina. 713 00:41:24,525 --> 00:41:28,237 ‐ I think that Tammy was the person; 714 00:41:28,320 --> 00:41:31,198 the state said she did it. 715 00:41:31,282 --> 00:41:35,077 The people needed it, and everybody believed it. 716 00:41:35,202 --> 00:41:38,789 She got convicted, and now whatever terrible thing 717 00:41:38,914 --> 00:41:40,666 happened to Heather Elvis, 718 00:41:40,750 --> 00:41:43,669 no one is worried about it anymore. 719 00:41:43,753 --> 00:41:46,839 ‐ She was a very ugly person, Tammy. 720 00:41:46,881 --> 00:41:50,926 She called Heather Elvis a "psycho bitch." 721 00:41:51,052 --> 00:41:54,555 I think Tammy was thinking about herself. 722 00:41:54,680 --> 00:41:58,017 Tammy was the psycho bitch, not Heather. 723 00:41:58,142 --> 00:42:02,021 Heather was the one that was running from the psycho bitch. 724 00:42:14,533 --> 00:42:16,243 We reached out to Tammy Moorer. 725 00:42:16,368 --> 00:42:19,580 She actually provided a long letter in response. 726 00:42:19,705 --> 00:42:21,248 In part, she said the following, 727 00:42:21,332 --> 00:42:25,127 "One day when discovery is put out for the world to see, 728 00:42:25,211 --> 00:42:26,712 "everyone will understand. 729 00:42:26,796 --> 00:42:30,007 "The next trial‐‐ and it will be a fair trial‐‐ 730 00:42:30,091 --> 00:42:31,383 "will expose the truth. 731 00:42:31,509 --> 00:42:33,511 It's coming." 732 00:42:36,931 --> 00:42:39,225 Defendants are never forced to take the stand. 733 00:42:39,350 --> 00:42:43,479 But that decision is likely the biggest one they ever make. 734 00:42:43,562 --> 00:42:46,649 For "Under Oath," I'm Dan Abrams.