Kyron Horman Case Update: Blinkoncrime.com Legal Analyst Lea Conner Weighs In
Portland, OR- Please Welcome Again blinkoncrime.com Contributing Editor And Legal Analyst, Washington Family Law Attorney, Lea Conner.
Although I am not licensed in Oregon, I grew up there and was a news reporter for several years in that state, during which time I covered the cops and courts beat. My practice in Washington state deals in family law matters. As such, I can comment as to my knowledge of family law and court proceedings, but my comments are general analysis, not legal advice.
Kaine Horman’s pleadings of October 25, 2010, unleashed a tempest of charges against his wife, claiming she was a raging drunk whose inability to control her anger and her drinking had already caused her to give up custody of one child prior to the disappearance of her stepson on June 4, 2010. Unlike his prior, more tersely-written court filings, Mr. Horman’s words are more personal and angry. They are also contradicted by his prior statements to the court and to the media, and the very documentation he provided as part of his October 25 court papers.
The latest round of pleadings from Mr. Horman seems to fit a far bigger effort by Mr. Horman and Desiree Young to push Ms. Horman to the point where she would be forced to speak in her own defense. Ms. Horman’s own writings within days of Kryon’s disappearance evidence her Achilles heel in that Ms. Horman complained loudly about criticism heaped upon her via the internet.
What followed was a whisper campaign of purported law enforcement leaks about Ms. Horman and people around her that has continually kept her name in the news since June 4, 2010. Mr. Horman’s court filings also evidence an effort to keep Ms. Horman under constant public scrutiny, by filing multiple motions over time that could have been either avoided or filed jointly.
Consider this: Kaine Horman failed to mention in his June 28, 2010, restraining order application that he wanted his wife out of the house and, as a result, on July 1, 2010, filed an amended petition for restraints and asked for an expedited hearing.
“..This omission is an odd oversight, considering that Mr. Horman filed for divorce, took the parties’ child, but failed to ask for the house. Possession of the family home is such a basic issue it would seem impossible for a family law attorney to forget to mention it in a party’s opening paper…”
Filing a separate motion to seek return of the family home seems like a good strategy for someone seeking to keep the focus on Ms. Horman. It’s new information to the media, whereas the fact that Kryon remained missing and Mr. Horman and Ms. Young’s suspicions about Ms. Horman were yesterday’s headline.
Early on in criminal investigation and prior to the divorce filing, Mr. Horman described his wife in benign terms. As the weeks stretch on, these descriptions became increasingly negative. Mr. Horman and Ms. Young both stated their objective was to keep the focus on Kyron. In the absence of anything new to report, both parents embarked on a campaign to slowly heap increasing pressure on Ms. Horman to talk.
From the law enforcement perspective, Ms. Horman is a natural suspect, given her relationship to the victim and the fact that she was the last person known to have been seen with him. Except for anonymous leaks and rumors, the only people who have put their names to allegations are Mr. Horman and Kyron’s mother Desiree Young. Both claim their information comes from law enforcement, but both have disagreed at times as to the credibility of the information they shared publicly. Such was the case with Ms. Young’s claim that Kyron was last seen outside the school near a white truck, while Mr. Horman quickly corrected her, saying the information had not been confirmed.
“..Without Ms. Young and Det. Tony Young in the room, Mr. Horman seems to have gone off script and now cannot control his message nor his anger. Mr. Horman angrily complains about horrible things that might have happened in front of Kiara, yet he cannot say what exactly became of Kyron, and whether there is any evidence to suggest Kiara was a witness to this unspecified event…”
In his most recent pleadings, Mr. Horman angrily recounts that Ms. Horman claimed she was going to the gym, but since their separation, he has come to believe that she spent the time talking to people and flirting. The portrait of a social butterfly chatting people up at the gym for hours on end doesn’t quite fit with Mr. Horman’s other claims that she was an angry, depressed new mother who drank her self blotto and could not maintain any sort of civility toward those around her.
Which is it? Was Ms. Horman a mean drunk who drank herself to sleep, or was she self-absorbed and social, staying up to all hours playing on the Internet while her child sat in the same room unattended and un-engaged? Or was she a social butterfly who spent most of her time outside the home while Mr. Horman was super dad, working long hours from home, caring for the children, and providing an income that he never could enjoy because Ms. Horman was spending it all? The claims are so disjointed, it is as though Mr. Horman decided to throw spaghetti at the wall, just to see what might stick.
Mr. Horman’s over-reaching was fore shadowed in an earlier motion filed on July 12, 2010, alleging Ms. Horman had violated the courts seal on the restraining order. The pleadings in the contempt matter went well beyond Mr. Horman’s claim that Ms. Horman allegedly disclosed confidential court papers to Michael Cook.
Mr. Horman asserted that Ms. Horman was involved with a sexual relationship with Mr. Cook and had sent him hundreds of text messages, most of which were sexual in nature (AKA “sexting”). These text messages allegedly included images of “graphic sexual activity,” though no such photos have been filed with the court.
“..Mr. Horman accused Ms. Horman of lacking any genuine affection for Kyron or Kiara saying that although her texts said she missed both children, the mentions were few. The implication of the narrative was that Ms. Horman could not possibly care about either child…”
Except for the specific passage alleging Ms. Horman shared a confidential document with Mr. Cook, none of the other allegations had anything to do with the underlying motion. None of these claims addressed the issue of whether Ms. Horman violated the court order, nor do they indicate any involvement by Ms. Horman in Kyron’s disappearance.
Mr. Horman went on to claim that an unnamed member or members of law enforcement “informed” him that the sexualized text messages “resemble” text messages sent to the “the man Respondent [Ms. Horman] previously attempted to hire to murder Petitioner [Mr. Horman].” Mr. Horman claimed in the same July 1 2court papers that Ms. Horman had asked Mr. Cook to lie to her attorney about “the fact that she had gone to Mr. Cook’s home.”
One news outlet found Mr. Horman’s pleadings so lurid it titled the document “sleazy.pdf” before posting it to its website.
On October 25, 2010, Mr. Horman finally filed the aforementioned text messages with the court, as an exhibit attached to his response to Ms. Horman’s parenting time request. A review of these document reveals that Ms. Horman never asked Mr. Cook to lie, nor did she speak of Kyron and Kiara in dismissive tones. Although most of the texts showed varying degrees of sexual discussion, there were also several texts that had nothing to do with Ms. Horman’s romantic attachments. Ms. Horman discussed cooking, eating “nutterbutter bites,” weight lifting, and their respective children.
..”Ms. Horman told Mr. Cook, “I was really upset that Kaine has Kitty but doesn’t know what her favorite toy or blanket is.”
-Terri Horman
A parent who does not care about her daughter would not waste a single moment worrying about her child having her favorite toy or blanket. The allegation that Mr. Horman did not know such basic information about his daughter provides motive for Mr. Horman to attempt to discredit Ms. Horman’s words as insincere. Otherwise, Ms. Horman’s words are truthful and reflect her historical relationship as primary care giver to both children.
On July 28, 2010, Mr. Horman filed yet another motion demanding Ms. Horman reveal the source of funds used to pay her lawyer. It was as though Mr. Horman was asking how Ms. Horman could have ever come up with that kind of money, given her status as a social pariah?
The problem with Mr. Horman’s strategy of piecemeal litigation it does not serve the purpose of expediting litigation. Instead, it creates a lot of embarrassment and harassment for Ms. Horman.
Oregon is a no-fault divorce state. This means that either party can ask for a divorce without having to prove any wrongdoing. Oregon is also an “equitable distribution” state which means that the court divides property equitably between the parties. Issues like infidelity and rude behavior are not factors in whether a party is entitled to divorce, or in dividing up the parties assets.
Mr. Horman raises several issues about Ms. Horman’s alleged conduct citing them as as basis to award sole custody and care of Kiara. The allegations are such that it becomes difficult for Ms. Horman to leave any responses up to her lawyer, who would not have personal knowledge required to speak to the many issues he raises.
Ultimately, the court will consider the allegations made by each party, weigh the credibility and relevance of each claim as to parenting issues then enter a temporary order as to the care and custody of the child.
Mr. Horman claims in his October 25 filings that Ms. Horman has a five year history of alcohol impairment. In his statement to the court, Mr. Horman claimed that his wife “could have an un diagnosed personality disorder or some type of emotional disturbance.”
The most recent claims by Mr. Horman are contradicted by his prior assertions in media interviews, and the actual chronology of the Hormans’ relationship.
Mr. Horman met Ms. Horman in the spring of 2002. According to Mr. Horman, the couple moved in together in December 2002. The couple was living together when Ms. Horman was cited for DUI on July 10, 2005. Two years later, the couple moved to their home on NW Sheltered Nook Road in January 2007.
Despite the DUI, Mr. Horman nonetheless went on to marry Ms. Horman on April 15, 2007. Ms. Horman gave birth to Kiara on November 12, 2008.
In a prior interview with KGW, Mr. Horman called Ms. Horman “a good person when we first met and for several years (I’d say up until 2008). She was always about children (teaching) and helping them grow and develop. Her attitude was always about those types of things first, her own self not even being a priority close to that. I believe that this is the Terri that everyone else saw and got to know as I did. Honestly everyone, including myself, that knew her or knows her did not see this coming. She was not the type of person we are seeing right now.”
Mr. Horman told KGW that he was blindsided by Kyron’s disappearance: “There were some signs of emotional distress here and there over the past year and a half but not enough of that directed at any one person to conclude she would be capable of anything even remotely close to events of the severity we have all seen. She recently got her teaching license re-instated and has been applying for teaching positions so even the state of Oregon didn’t see this coming.”
The person described in Mr. Horman’s October 25 court papers is not someone who could be described as hidden danger. If believed, Mr. Horman’s most recent statement outline a terrifying picture of a five-year pattern of child abuse and endangerment. Mr. Horman could not possibly be telling the truth in both of his interview with KGW and in his more recent court papers.
Also in the October 25 filing, Mr. Horman claims that he has always been the primary care giver to both Kiara and Kyron and describes Ms. Horman as frequently absent from their home, apparently leaving him with both children.
In a July 28, 2010, Oregonian article, Mr. Horman claimed Kiara was a much different child now that Ms. Horman was gone. He claimed Kiara did not ask about her mom. “‘She’s a new kid,’ he said. ‘She’s whole new kid now.’”
In a separate article, Mr. Horman discussed Ms. Horman’s excessive involvement in Kyron’s schooling and adamant enforcement of discipline. “He [Mr. Horman] said when Kyron brought home anything but a green card [indicating good behavior at school] she [Ms. Horman] wanted Kaine to discipline him by grounding him to his room for the evening.”
Mr. Horman also asserts in his October 25 court papers that Ms. Horman would put Kiara in the gym day care for “hours at a time,” and further claimed that Ms. Horman “spent more time on the computer than caring for the children.” If Mr. Horman was home and providing primary care for the children, then how would Kiara have ended up in day care for “hours at at time”? How would the children have remained unattended while Ms. Horman was updating her Facebook page?
Mr. Horman’s other narrative seems to indicate that Mr. Horman was not present in the home during the day, leaving Ms. Horman to care for the children. It also contradicts Mr. Horman’s escalating accusations that Ms. Horman was absent from the home, uninvolved, and not involved with the care of Kyron and Kiara.
Mr. Horman also claims in his pleadings that Ms. Horman’s son James lived with them until Feb 5, 2010, when he moved because Ms. Horman “was unable to interact with James on a healthy level and had him move to her parents’ home in Roseburg.”
Mr. Horman also claimed he was unaware of any landscaper, a detail which contradicts his most recent work-from-home story: “No, I did not know we had a landscaper and have never met him.” If he was at home, surely he would have known about a landscaper.
On July 8, 2010, Mr. Horman told the Oregonian that Ms. Horman began having problems with postpartum depression in November 2008.
“‘I thought the marriage was doing pretty well,’ Kaine Horman said during a one-on-one interview with The Oregonian, ‘until we had our daughter, Kiara.’ Horman said he thought his marriage to Terri Moulton Horman fractured within six months after she gave birth in November 2008, the result of postpartum depression.Terri Horman was put on medication for the depression, and her doctor told Kaine to keep an eye on her to make sure she was OK, he said. But she wasn’t OK.
If Mr. Horman thought Ms. Horman was a chronic danger to her children and Mr. Horman’s son,why did he not mention it prior to October 25, 2010? Could it be that Mr. Horman’s entire series of pleadings are designed to push Ms. Horman with ever-increasing allegations to the point where she has no choice but to respond?
There are other clues that Mr. Horman’s latest version of events is not entirely accurate. According to more recent news stories, James is again living with his mother. Strange, considering Mr. Horman’s claims that James changed high schools mid-semester and moved hundreds of miles because of Ms. Horman’s behavior.
There are also hints concerning law enforcement’s interest in the Horman dissolution. A June 6, 2010, letter from Norm W. Frink, chief deputy district attorney for Multnomah County, rescinded his statement that un sealing the restraining order would undermine the “ongoing criminal investigation.” If Ms. Horman was the target of the investigation, what purpose would be served by sealing court documents that were to be served upon Ms. Horman? The only other person identified in the pleadings was an unnamed landscaper alleged to have been contacted by Ms. Horman.
As we now know, the landscaper was involved in what has been characterized as a botched sting operation against Ms. Horman. As such, the only person protected by the the seal was Ms. Horman to the extent that the seal prevented the allegations from being disseminated publicly. Or could it be that law enforcement was concerned about accuracy of the information provided by the landscaper?
Law enforcement conducted its sting operation over open channels that were accessible to anyone listening on police channels. Was this an oversight, or was it a convenient way to ensure the information was released “unintentionally”?
If there was any blame for promoting a bogus murder for hire plot, law enforcement could point to Ms. Horman as bringing upon her own misery. She chose to disclose the documents, and as a result, the information was disseminated because of her actions in violating a court order, not law enforcement’s efforts to run out a possible lead, even if later proven false.
We don’t know what role Michael Cook played in the disclosure of the now-public restraining order. The texts between he and Ms. Horman seems to indicate Mr. Cook was not so much interested in sexual banter as much as he was in gathering information for Mr. Horman
The roles of Mr. Cook and the landscaper are highly relevant to evidentiary issues. If the landscaper was a confidential informant, the information he reported that was used as basis for the restraining order could not then be considered an admission against interest. Same thing applies to Mr. Cook.
Mr. Cook in particular seems not to be acting out of concern for Kyron. Who the hell smirks at a vigil for a missing child?)
Reading Mr. Cook’s texts to Terri, there’s a tone that suggests that someone was sitting right next to him, telling him what to type. If true, the question becomes who is that someone guiding Mr. Cook’s actions?
The sexting is weird, but it is hardly ground breaking. The courts have heard such allegations many times before, and without a doubt, the court has seen far worse. That is not to see the court is going to like the texts. Rather, the judge here is going to look at the pleadings with a critical eye for issues that affect parenting time.
Mr. Horman does not offer any evidence that Ms. Horman ever sexted when she should have been parenting. To the contrary Ms. Horman’s lawyers can point to Mr. Horman’s other statements as evidence that Ms. Horman was the primary care giver for James, Kyron, and Kiara. Her extensive collection of family photographs on her Facebook page support this assertion.
Mr. Horman cannot credibly claim that Ms. Horman was a threat to the children, considering that he often left the kids in her care. Mr. Horman did not have any concerns about Ms. Horman’s sobriety and fitness to care for the children the morning Kryon disappeared from school, as he left Kiara in her care and allowed her to take Kyron to school.
If she was a drunk and mean spirited, would Mr. Horman have have allowed Ms. Horman to have access to Kyron’s school records, and to become involved in his discipline? Ms. Horman was a step parent to Kyron. She had no rights except to that which Mr. Horman granted in signed consent forms required by Kyron’s school.
The text messages are racy, but they do not indicate any homicidal tendencies or ill will toward anyone. Nothing in the texts is homicidal by any stretch.
Mr. Horman’s source for his allegations poses a huge problem here. He cites to “law enforcement” as telling him Ms. Horman tried to hire a hit-man, and as to other issues. Not one of these allegations is admissible under any exception to hearsay. The fact that Mr. Horman does not identify the source is a problem in itself. This information might as well be graffiti on the wall of the public bathroom at the Multnomah County Sheriff’s Office.
Were Mr. Horman to say that he read an allegation on the a bathroom wall at the MCSO would at least give it some sort of context that would suggest credibility. Mr. Horman’s vague claim makes it impossible to identify which law enforcement office among thousands in the United States might have conveyed such information. Without further identification, the reader cannot tell if the “source” was in a position to have any such knowledge in the first place.
The hearsay allegations offered by Mr. Horman allege child abuse and domestic violence. Under the Confrontation Clause, Ms. Horman has a right to confront her accusers. Ms. Horman does not need to speak in order for her lawyers to cross examine the sources of these allegations.
“..Mr. Horman claims that judges believe there is sufficient information to implicate Ms. Horman in Kyron’s disappearance. This begs the question: How is it that Mr. Horman is getting this information?”
It seems likely that Mr. Horman is referring to search warrants, which require reliable information that the item sought can be found at that location. If Mr. Horman was in fact referring to search warrants, it would be very interesting to find out who provided the information for the searches and what exactly was law enforcement looking for?
If Mr. Horman was the informant, it raises questions as to motive because Mr. Horman wants custody of Kiara. If the landscaper was the affiant, his personal motive for revenge becomes an issue, if it true that Ms. Horman had law enforcement go to his house and expose his extramarital affair in front of his family.
What law enforcement was seeking matters. Ms. Horman’s specialty was in teaching children with learning disabilities. She would have had access to confidential psychological testing, mental health records, medical documents, and possibly, CPS records, none of which could be disclosed except by parent authorization, or pursuant to subpoena or search warrant. Even though she had not worked in that area for some time, she may still have had such records in her home or on her laptop.
If Ms. Horman had such documents or data on her laptop or among her personal papers, she could not turn it over except by subpoena. As such, the mere presence of a search warrant does not mean Ms. Horman is guilty of anything.
..”Mr. Horman’s threat to conduct extensive depositions seems a clear warning to Ms. Horman that he intends to call Ms. Horman’s friends to deposition, put them under oath, and ask them questions. Lots of questions. If Mr. Horman’s pleadings are any sort of a hint, he is not going to make people feel good about befriending Ms. Horman…”
Peter Bunch’s statements at the prior court hearing referencing a December 26 call to 9-1-1 also suggests that maybe something happened the day after Christmas 2009. The implication is that Mr. Bunch intends to discuss that December 26 9-1-1 call in more detail. Don’t expect Mr. Horman to like any of it.
Discovery procedures allow Mr. Horman to get at any information reasonably calculated to lead to discovery of admissible evidence. This does not mean the information specifically sought must be admissible, only that it could reasonably lead to evidence that would be admissible. By that definition, Mr, Horman could justify deposing a great many people in Ms. Horman’s life.
Peter Bunch’s statements at the prior court hearing referencing a December 26 call to 9-1-1 also suggests that maybe something happened the day after Christmas 2009.
Clearly, each of these people has reason to avoid going back to court.
The most confusing aspect of this case is the fact that the restraining order and dissolution were consolidated months ago. Ms. Horman’s attorney notes this in his July 12, 2010, letter to the court.
Given that there is an abatement order in place, how is it that Ms. Horman can go forward with her request for parenting time under the restraining order matter? You would think that Ms. Rackner would have noted this information to the court. But she didn’t. Yet another strange footnote in a even stranger case.
Law enforcement likes to push the weakest link. Ms. Horman seems to be that link. What information does law enforcement hope to gain? Who is law enforcement’s ultimate target?
..”If not Ms. Horman exclusively, or Ms. Horman in any capacity, then who exactly does law enforcement hope to catch by pushing Ms. Horman until she finally breaks?”
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My thanks to Ms. Conner and Blink for a thought provoking piece.
FWIW, let’s keep in mind that TY has said he is convinced that TH is involved in Ky’s abduction. We also know that DY agrees with this. So it is very reasonable to me that KH would believe this as well. TY is not an idiot by any stretch of the imagination, and he is a seasoned LEO and detective, so his opinion and thoughts surely have great influence on KH and DY.
Ms. Conner asks “Which is it?” in regards to TH’s behavior and how she is being portrayed. I say it doesn’t have to be one or the other, especially if TH is only drinking in the evenings. She appears to function quite well during the day, many people that have a drinking problem do exactly that. They have successful careers or are busy with their kids or whatever during the day and get a little or a lot snookered at night.
I’m not exactly a fan of Ms. Conner’s tone, however it is the flip side on what KH and his attorney(s) are doing and saying, it is the other point of view, if you will. This is very important to consider, it gives a better all around perspective and insight into what TH’s attorneys may be thinking, doing and will do. A judge is also going to have to look at this from all points of view, including that of the child in question. Many of us are very protective of KH and feel tremendous empathy for him, myself included, but there are two sides to every story and somewhere within there is the actual truth, like it or not. I don’t believe that KH has any involvement in Ky’s disappearance, nor do I think that TH is going to get time with Kiara unless she undergoes at least some of the evaluations that KH and Rackner are requesting.
Now, I don’t know if MCDA Schrunk is involved in what KH and Rackner are doing here, and so far no one with some expertise on this has answered my earlier question about that. With all due respect to Ms. Rackner, I’m not sure if she is going to be up to par in this situation with Houze via Bunch on the other side. She is a very good divorce lawyer, not a criminal defense lawyer. I think KH may need the assistance and expertise of his own criminal prosecuting attorney, perhaps as a co-counsel, to push on with these matters. I don’t believe that MCDA’s office would get involved in a divorce case, please correct me if I am wrong on any of this. Where is newsatfive or some of our other legal eagles? Perhaps Ms. Conner will address this at some point.
Ms. Conner asks: ”If not Ms. Horman exclusively, or Ms. Horman in any capacity, then who exactly does law enforcement hope to catch by pushing Ms. Horman until she finally breaks?”
THAT is the question we need to work on answering. The rest of this is beyond our control and is going to play out one way or the other.
Bravo. This is the point.
B
@Wordweaver
…where is RS?
~~~
There have been multiple investigations in Canby, OR, where RS has his landscaping business, into steroid use and sales involving Sheriff Deputies, landscaping businesses and gyms. On-going investigations have been conducted by the FBI since 2008. Look up ..sheriff drugs Canby OR .. for back-story of investigations.
My theory is .. LS aka RS is an undercover informant in the multi-faceted drug community of Linn Co, OR. Ideal cover is illegal landscaper … he fits right in. RS gave up registration of the name “Rudy Sanchez Landscape Maintenance” in 2007 and registered the “R. S. Landscape Maintenance” name in January of 2008. Could be the time he hooked up with LE. Don’t know the reasons why .. but could be LE “flipped” RS to work for them.
Looking at the picture on BOC, this man “looks” buff and carries himself with confidence and as someone who has had “training”. Could be his association with AS-S is not familial but that he was the one who “informed” on him … Let’s not lose sight of the really nasty charges against him.
Since we don’t know how RS and TH initially came into contact, let’s just go with they did and typical of TH she began sexting RS and at some point did express a desire to “off” her husband. Sexting is not illegal but MFH is. Hence TH came onto the radar screen to be “watched”. (remember, Blink has hinted that someone was under investigation pre June 4th. We have all assumed it was RS. Maybe not.) Of course RS had no intention of following thru on MFH, but if TH said later … oh, she was just kidding, cancel that … then she did not really engage in criminal activity. Talk is free speech, action is criminal.
June 4th happens and investigating LE discovers aka RS on TH’s sexting list and lights start flashing. Interview with LS and undercover drug team and viola .. Concocted sting .. A sincere attempt at catching TH in incriminating behavior in order to arrest and put the squeeze on her. Attempt foiled. Now remember, LE has not spoken of a May 9th encounter between TH, RS and subsequently LE. So we don’t know if that is accurate or not.
Here’s where I slide down the rabbit hole. Possibly one of the associate in RS’s real life saw and watched the sexting and got himself worked up over TH and wanted “something” more … actual sex, revenge, retaliation, … possibly Ky.
We know now that LE knows all of the sexts sent from TH’s phone/s and who received them, but they cannot account for who all “saw” them… resulting in an unknown perp.
To answer the question .. Where is RS? He’s hiding in plain sight. Be interesting if the attorneys get him into court.
Mother Hen says:
October 29, 2010 at 10:53 am
What I don’t understand is why there are seemingly so many strategic mistakes from Kaine’s camp.
~~~
just a thought … maybe they need a criminal defense attorney as co-chair in the divorce.
It’s hard to tell if she’s using KH not knowing Kitty’s fav. toy/blanket as an excuse to leave. There’s more to the text messages and TH does mention missing Kitty again. Here’s a bit of the last text they show below from OregonLive.
*Ok. I am
already feeling
alone-
lm sory
to have put u n
that position
0710712I I undersrand.
1971678080683: 41:15 I’m upset about
kitty. I didnt do*
It cuts off after that.
Blink or anyone else who may know, since this is strictly a divorce trial is this stuff even admissable? Here in CA we have “alienation of affection” laws when it comes to kids, couldn’t KH be viewed as trying to alienate Kitty’s affection for her mother? I’m not justifying TH’s very bizarre behavior, I think sexting would be one of THE last things on my mind but just wondering how this is even allowed in court. Many people have affairs but from my understanding, if it hasn’t interfered with the care of the children it’s irrelevant. Again, not justifying anything…just asking!
..”If not Ms. Horman exclusively, or Ms. Horman in any capacity, then who exactly does law enforcement hope to catch by pushing Ms. Horman until she finally breaks?”
Excellent question. I’m pretty sure if we knew the answer we’d know who to blame for Kyron’s disappearence.
I’ve said this before but it bears repeating. TH isn’t talkin’….her lawyer isn’t talkin’….doesn’t mean they haven’t been talkin’ to LE. IF they have been talkin’ to LE, I’m pretty sure that information will not be leaked or given to KH.
What if there isn’t anymore for her to tell? Then what? While everybody has been waitin’ for TH to “talk” Kyron is still out there somewhere, still missing, lost and alone. In the beginning I thought LE was on top of this thing and just not sharing info with the public, now I’m thinkin’ they may have had a serious case of tunnel vision when it comes to TH.
I am also starting to think KH might need a new attorney, or at least a second opinion or something! I think this motion was intended to bait TH into talkin’ and to keep the public interested in the theatrics of Kyron’s parents, no I’m not bashin’ KH…it keeps Kyron’s name out there even if, to me, it’s for the wrong reason.
Thoughts and prayers are with Kyron, his brothers and sister.
Idahogal says:
October 29, 2010 at 10:59 am
Good God, we are neck deep in shit here, and no closer to finding Ky.
“`
we may need to put on hip boots before this is over.
Am I thinking correctly on this? We don’t need to find out who held the UCC filing on Rudy’s truck. That info. was only important after the sting on June 26. Because that’s how the MSM located Rudy. They got someone to run his tag number, which went out over the open channel. And, making some connections, MSM then found the name related to that UCC filing, and thus descended on 2 residences. Both of which showed Rudy at that location.
MSM went there, having a name(s) in hand. MSM didn’t print Rudy’s name for a long time, but Blink did.
So, that’s the only real importance of the UCC filing? And that’s one piece of work we don’t need to do now???
@RollerMonkey says “That said, I don’t appreciate the tone of her analysis. I feel like Kaine’s being picked on.”
I totally agree with RollerMonkey. I found “the tone” of Lea Conner’s piece almost accusatory to Kaine and many of her comments her “opinions only.” Like an attorney she put the things together to support her points, not necessarily the truth.
I don’t know if she was trying to show another legal side or that is what she believes. I feel like I have missed something here. Also, I have never understood her reason for always mentioning she grew up in Oregon. I have grown up in Oregon, so?
I have never posted before but have been reading all along. I have just been trying to figure out what happened to this little boy…how did this happen? I finally had a thought. Sexually motivated? He didn’t walk out with SM? RS key? Does this fit? SM was being blackmailed in some sense. For an affair? She is sexual enough…was she working in sex industry? Someone is going to jeopordize teaching license, marriage, everything… They want $$. She can’t get $$. They take KY as incentive to pay up?
“As I read on it appears that the city and state are notorious for wayward behavior, sex and drugs. As well, it seems as though this family was no stranger to many of those acts of dalliance. Not the best environment in which to raise a child.”
Jden….you make this place sound like a drug ridden brothel….my kids are doing just fine in this area thanks, very family friendly but that wouldn’t get anyones interest. It’s not like epeople out in the street doing drugs and having sex…please visit the area before you start making bogus statements. It’s actually quite nice.
Great Article LEA-
For those of you that think that others are “picking on KH” KH own words in this article “Why don’t we get over supporting the adults and start supporting Kyron” (6:00) Note:he was speaking of Dede and TH
http://www.kgw.com/news/kyron-horman/Kaine-Horman–Desiree-Young-827-pt-2-kyron-horman-missing-portland-101688128.html
___________________
What we are analyzing is KH own words, his actions, his contradictions…something just doesn’t add up.
___________________________
Blink, I understand what you are saying about the advice he is being given. However there are some people who are given advice, yet believe they know more than the professionals. I believe this may be the case with KH and his lawyers, and possibly with law enforcement also. And if this is the case then… we will have to wait to find out.
Blink & Ms. Conner, Thank you both for your insights and willingness to share your thoughts, interpretations and time with us here at BOC. I think the new article if very informative and don’t think Ms. Conner was in any way attempting to implicate Kaine’s involvement in Kyron’s disappearance.
I agree Kaine could learn from this analysis and maybe will reevalutate counsel. I too have felt mistakes were made by his side and this article solidified that for me.
The best thing about BOC is both Blink and her contributors are NOT afraid to ask the tough questions and point out inconsistencies even when “we like the person”.
Prayers for Kyron and his family.
I posted my original message under the regular forum here, thought maybe I’d have better luck over here.
22.Shelly says:
October 29, 2010 at 11:07 am
Blink/Lea Conner
“What law enforcement was seeking matters. Ms. Horman’s specialty was in teaching children with learning disabilities. She would have had access to confidential psychological testing, mental health records, medical documents, and possibly, CPS records, none of which could be disclosed except by parent authorization, or pursuant to subpoena or search warrant. Even though she had not worked in that area for some time, she may still have had such records in her home or on her laptop”.
1) Can you further explain this paragraph? Do you mean she would have access to blank forms? Or she would still be privy to access or view “real” historical cases on her laptop?
2) Would/could she have access to Kyrons school records? (Jumping to conclusions for a sec…but could she have forged/added/or omitted some records from Kyrons portfolio? (Maybe to make it simple to hand him off to someone?
3) This is quoted from Oregonlive:
“For the past two years she has been on unemployment and contributed as much as she could to the household expenses”.
With #3 said…..why would Terri still have ANY access after two years to the said records mentioned in your paragraph? I would think whomever she was employed by (don’t know which school/agency before she filed for unemployment)would have made sure these records were turned over. (I don’t understand, why they would be on her personal laptop in the first place).
Inquiring minds want to know!
*In addition*: are we to assume her laptop can not be located? Or maybe this information was erased from her laptop?
[...] Read the rest at Blink on Crime: Share This [...]
wow…was that stupid ….now can we concentrate on Kyron and WHERE IS HE TERRI!
I think Lea is looking for a job with Kauze…..hey maybe Terri will hire you with all her money……
That is just rude. I will not have a guest author on my site treated disrespectfully.
Please practice my favorite line to the-collective- hands-over-their-ears of BOC editors.
“It is what It is”.
Ms. Conner is an accomplished family law attorney, licensed in Washington State, not Oregon, as she points out in the beginning of her piece. I understand the sensitivity, but we can have productive debate without insulting someone.
You know what I think is sorely lacking about this issue?
The realization that our court system, LAW, as it were, is based on precedent.
If your ok with your rights of presumed innocence before you have been charged with a crime or even named an official suspect for Terri Horman, it is the same as being ok with it for people who MAY be innocent. You can’t have it both ways.
Let’s be honest, who R E A L L Y believes that the tone of this filing is designed to make Terri talk?
Please take me at my word, I promise you, you will be a hell of a lot more pissed off if errors in this case interfere with an eventual prosecution AND does not locate Kyron as well. I am really starting to wonder if perhaps Kaine was not trying to force LE hand to make an arrest at least in the mfh plot. Lastly, I have no idea why it would say in the motion that at least one judge felt there was enough probable cause to arrest TH for mfh, because tangentially, he also admitted there was at least one or more that did not.
The issue here is that LE strategy has no business in family law proceedings in the instant case- not without the potential for reciprocal discovery of the evidence against her to their very *as yet undeclared* suspect.
At 30,000 ft, if TH is guilty, the strategy is right there in the damn sexts.
Prayers, peace and love for Kyron and his family.
B
B
I HOPE SHE (TERRI) BREAKS SOON…SO KYRON IS FOUND……
Has anyone seen a reference to Rudy driving a white truck published by MSM? (Not by commenters) I can’t find anything with a google search, done several ways. I’d love a link if you got it.
TIA
Not sure if this has posted yet…A former FBI special agent weighs in on Kyron and possible scenarios as well as the un-likelihood he’d be found alive.
http://trueattrue.blogspot.com/2010/10/kyron-horman-question-asked-is-he-alive.html
Prayers for Kyron and his family.
RollerMonkey says:
October 29, 2010 at 11:56 am
I’m sure Lea Conner’s analysis is meant to display the types of issues Terri’s attorneys will raise, based on various statements by Kaine. I do understand that. I do respect Lea Conner’s experience and intention.
That said, I don’t appreciate the tone of her analysis. I feel like Kaine’s being picked on. Terri is a monster. She’s effected many many peoples lives in a horrible way. My sincere sympathy to Kyron, Kiara, James, Kaine, Desiree and Tony.
Thank you Rollermonkey, very much in agreement.
I had to read Ms. Conner’s article twice to be sure I was interpreting correctly (still not sure I did:) I understand that it is beneficial for all to hear from a legal/Judge’s perspective what is considered relevant in this case. I have zero experience in court cases civil and otherwise so am very curious to see what is actually allowed.
What I don’t understand are the following comments by Ms. Conner “Mr. Cook in particular seems not to be acting out of concern for Kyron. Who the hell smirks at a vigil for a missing child?
Reading Mr. Cook’s texts to Terri, there’s a tone that suggests that someone was sitting right next to him, telling him what to type. If true, the question becomes who is that someone guiding Mr. Cook’s actions? The sexting is weird, but it is hardly groundbreaking. The courts have heard such allegations many times before, and without a doubt, the court has seen far worse. That is not to see the court is going to like the texts. Rather, the judge here is going to look at the pleadings with a critical eye for issues that affect parenting time.”
I am not sure if Ms. Conner is inserting her own speculation/opinion regarding Mr. Cook’s “smirk” and lack of concern for Kyron, and pure speculation as to someone guiding Mr. Cook’s texts, while making no mention of Terri’s lack of concern for Kyron while sexting, or any other time for that matter and making very light that her sexting is “weird but not groundbreaking” OR if she is trying to tell us that this is how the Bunch/Houze can/will spin this?
Honestly, I was so irritated after reading this article this morning I had to walk away, but if this is what Kaine is going to be up against, I think Blink is right, Kaine might want to question the advice he is getting and, start working on developing a very thick skin. I sure hope Ms. Rackner reads here.
Hope this make sense, my first real post.
So, irritated yes, but not going anywhere because I am a…”Blinkaholic”
and all of the above is MOO (my first!)
In fairness to Atty Conner, I chose what quotes to (emphasis add), so if that is at issue, I will take that lump personally.
B
ConcernedCitizen says: October 29, 2010 at 11:48 am
I’m disappointed at the tone of this article. Turning the attention towards Kaine to deflect the disgusting texts of his wife and her very likely involvement in his son’s disappearance is beyond reprehensible. I see Blink clarified that she does not think Kaine is involved but articles like this will only add to the fuel and victimize Kaine. I’m done here!
Respectfully, I disagree. The tone of the article implies that LE and Kaine are utilizing the Family Court to learn information, not judging it necessarily. I have said that from the beginning that it is dangerous to a prosecution, because it is.
Legal analysis of legal filings is important to this case.
My intent was to give a narrative of Mr. Horman’s legal strategy. It is not an analysis of who is more likable.
Mr. Horman’s legal pleadings evidence an overall strategy to force Ms. Horman to talk. This does not suggest that Mr. Horman has done anything wrong, or that he has some kind of evil intent. It is almost impossible to conceive of the kind of anguish and fear that a parent would have for their child, were they in Mr. Horman or Ms. Young’s shoes.
I understand how someone might misconstrue any discussion of inconsistencies in Mr. Horman’s claims as unfair to a grieving father. Reality is not perfection, and it’s tough to sell a judge on the idea that opposing party is pure evil and any the person’s missteps prove this to be true, yet your client is angelic and any missteps are because he or she was to the opposing party the functional equivalent of an emotional “pooper scooper,” the parade detail who travels behind the horses and picks up their dookie.
Laura Rackner drafted a compelling narrative contained in Mr. Horman’s most recent affidavit. She gave voice to Mr. Horman’s frustration, and she stated very clearly a stark picture of Mr. Horman’s complaints.
The problem with that narrative is that it was at times contradictory as to other passages in the same document. The affidavit had even greater contradictions to Mr. Horman’s prior statements. In my opinion, some of those contradictions are fundamentally incompatible, or at the very least glaringly inconsistent. That statement would have been a great deal more effective had Mr. Horman addressed these issues with some sort of acknowledgement of the inconsistencies and an explanation as to how such divergent facts could coincide in the same place, and with his knowledge.
Although it is true that Mr. Horman says he and Ms. Horman shared in parenting Kiara, his narrative states that Ms. Horman was merely present but not engaged in caring for both Kyron and Kiara. In a one-on-one interview the Oregonian, Mr. Horman said that he arrive home at 2 pm on June 4 to find Ms. Horman on her laptop and Kiara playing in her room, which is consistent with his argument that, essentially, Ms. Horman was physically present but not really involved in parenting. On the other hand, I am not sure we can extrapolate an entire thesis on someone’s parenting based on whether she was physically present and within view of a child at a particular moment.
The sexting is creepy. It is not something that most people would do while grieving a missing stepchild. It is also completely irrelevant to custody of Kiara.
Kiara was not in Ms. Horman’s care at the time she was sexting Michael Cook. Just as important, nothing in the texts evidences bad parenting, nor does it show a lack of concern for Kyron and Kiara.
People under stress sometimes employ negative coping behavior, including alcohol and drug abuse, promiscuity, and eating disorders. The fact that Terri Horman allegedly participated in sexting does not mean she has any involvement in Kyron’s disappearance. Her behavior may be evidence of stress and anguish, not callousness and insensitivity. Just as important, assuming that only this allegation about her behavior is true, there is no evidence that it has affected her relationship with Kiara or demonstrates any sort of unsuitable parenting.
Mr. Horman has not had any contact with Ms. Horman since June 26, yet he claims to know that Ms. Horman is not cooperating with law enforcement and, further, that she is suffering from an “extreme emotional disturbance.” How would Mr. Horman know this? He cites to an unnamed source in law enforcement, and he cites to the series of text messages sent by Ms. Horman and Mr. Cook.
Does Mr. Horman know whether Ms. Horman was subpoenaed to the grand jury? Does he know how long she appeared? Assuming he had heard whether she showed up and for how long, Mr. Horman would not be able to tell you what she said in that room because the jurors cannot discuss it, and the prosecutor cannot make any statements that would interfere with the grand jury proceedings. As such, Mr. Horman is not competent to testify to Ms. Horman’s cooperation or lack thereof. This is why the person making the assertion needs to be named and appear for examination.
As far as Mr. Horman’s claim that Ms. Horman has not made any effort to Kiara, consider this: Ms. Horman was subject to restraints and could not have any contact with Mr. Horman nor could she go within 500 feet of him. She was barred from Kyron’s school and the Intel campus where Kiara is likely attending daycare. Under those circumstances she could not go see Kiara or attempt to arrange for visitation except through her lawyer. The affidavit of her attorney Peter Bunch states quite clearly, “Despite repeated requests, Petitioner refuses to allow Respondent to see her daughter under any circumstances…”
The far bigger problem at hand is that Ms. Horman not only wants parenting time, she wants Mr. Horman to pay for any cost of professional supervision. Ms. Horman cannot testify in support of her request, which raises the issue of whether she will be able to cooperate in caring for their child, were the court to grant her request. If Ms. Horman wants to care for her child, eventually she has to be able to communicate about what is going on with regard to her child’s welfare.
What Ms. Horman’s attorneys want to avoid is having Ms. Horman testify, thereby opening the door to cross examination. For this reason, Ms. Horman cannot talk about her parenting of Kiara, because it would allow Mr. Horman the chance to cross examine her about her care of Kyron and the events surrounding his disappearance.
Ms. Rackner knows that Ms. Horman’s attorneys are not competent to testify as to their personal knowledge of Ms. Horman’s parenting. She needs witnesses to provide this information, and it may be that the very people who could help her out are also invoking their right to silence. There are also some issues that only Ms. Horman can address personally. All of this will make for an interesting hearing.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Rich M says: October 29, 2010 at 12:02 pm
“@Lea or whoever might know: Given that TMH lawyers asked for an abatement and then later asked for parenting time, wasn’t it necessary at some point for Rackner to respond to that request formally? (And in this case try to block that request and point out the need for formal assessment of TMH competency?)Granted this prob went way overboard, but SOMETHING had to be done I would think.”
Blink says:
“I have seen everything Kaine described in someone I cared for who was otherwise a decent parent, except when they were not. And when the incidences were spread out enough, it is easy to dismiss the bad times until the next bad time. KH is having a very bad time of things right now I am sure. B”
Mr. Horman’s affidavit is a response, and he raises several issues and concerns that he wants the court to consider. This is not inconsistent with Ms. Horman’s request and offer to submit to “safety provisions the court can impose” to ensure Kiara’s safety.
Ms. Rackner might also offer a legal memorandum as to the issues of law raised by Ms. Horman’s motion, including the fact that the matters were consolidlated and are under abatement.
I agree with Blink’s assessment of Mr. Horman.
These are people who shared their lives for nearly eight years, and during that time they undoubtedly had happy moments, and maybe some not so great times, too. Kyron’s disappearance is tearing the entire family apart. How could it not?
ConcernedCitizen says: October 29, 2010 at 11:48 am
“I’m disappointed at the tone of this article. Turning the attention towards Kaine to deflect the disgusting texts of his wife and her very likely involvement in his son’s disappearance is beyond reprehensible. I see Blink clarified that she does not think Kaine is involved but articles like this will only add to the fuel and victimize Kaine. I’m done here!”
Blink says:
“Respectfully, I disagree. The tone of the article implies that LE and Kaine are utilizing the Family Court to learn information, not judging it necessarily. I have said that from the beginning that it is dangerous to a prosecution, because it is. Legal analysis of legal filings is important to this case. B”
My intent was to give a narrative of Mr. Horman’s legal strategy. It is not an analysis of who is more likable.
Mr. Horman’s legal pleadings evidence an overall strategy to force Ms. Horman to talk. This does not suggest that Mr. Horman has done anything wrong, or that he has some kind of evil intent. It is almost impossible to conceive of the kind of anguish and fear that a parent would have for their child, were they in Mr. Horman or Ms. Young’s shoes.
I understand how someone might misconstrue any discussion of inconsistencies in Mr. Horman’s claims as unfair to a grieving father. Reality is not perfection, and it’s tough to sell a judge on the idea that opposing party is pure evil and any the person’s missteps prove this to be true, yet your client is angelic and any missteps are because he or she was to the opposing party the functional equivalent of an emotional “pooper scooper,” the parade detail who travels behind the horses and picks up their dookie.
Laura Rackner drafted a compelling narrative contained in Mr. Horman’s most recent affidavit. She gave voice to Mr. Horman’s frustration, and she stated very clearly a stark picture of Mr. Horman’s complaints.
The problem with that narrative is that it was at times contradictory as to other passages in the same document. The affidavit had even greater contradictions to Mr. Horman’s prior statements. In my opinion, some of those contradictions are fundamentally incompatible, or at the very least glaringly inconsistent. That statement would have been a great deal more effective had Mr. Horman addressed these issues with some sort of acknowledgement of the inconsistencies and an explanation as to how such divergent facts could coincide in the same place, and with his knowledge.
Although it is true that Mr. Horman says he and Ms. Horman shared in parenting Kiara, his narrative states that Ms. Horman was merely present but not engaged in caring for both Kyron and Kiara. In a one-on-one interview the Oregonian, Mr. Horman said that he arrive home at 2 pm on June 4 to find Ms. Horman on her laptop and Kiara playing in her room, which is consistent with his argument that, essentially, Ms. Horman was physically present but not really involved in parenting. On the other hand, I am not sure we can extrapolate an entire thesis on someone’s parenting based on whether she was physically present and within view of a child at a particular moment.
The sexting is creepy. It is not something that most people would do while grieving a missing stepchild. It is also completely irrelevant to custody of Kiara.
Kiara was not in Ms. Horman’s care at the time she was sexting Michael Cook. Just as important, nothing in the texts evidences bad parenting, nor does it show a lack of concern for Kyron and Kiara.
People under stress sometimes employ negative coping behavior, including alcohol and drug abuse, promiscuity, and eating disorders. The fact that Terri Horman allegedly participated in sexting does not mean she has any involvement in Kyron’s disappearance. Her behavior may be evidence of stress and anguish, not callousness and insensitivity. Just as important, assuming that only this allegation about her behavior is true, there is no evidence that it has affected her relationship with Kiara or demonstrates any sort of unsuitable parenting.
Mr. Horman has not had any contact with Ms. Horman since June 26, yet he claims to know that Ms. Horman is not cooperating with law enforcement and, further, that she is suffering from an “extreme emotional disturbance.” How would Mr. Horman know this? He cites to an unnamed source in law enforcement, and he cites to the series of text messages sent by Ms. Horman and Mr. Cook.
Does Mr. Horman know whether Ms. Horman was subpoenaed to the grand jury? Does he know how long she appeared? Assuming he had heard whether she showed up and for how long, Mr. Horman would not be able to tell you what she said in that room because the jurors cannot discuss it, and the prosecutor cannot make any statements that would interfere with the grand jury proceedings. As such, Mr. Horman is not competent to testify to Ms. Horman’s cooperation or lack thereof. This is why the person making the assertion needs to be named and appear for examination.
As far as Mr. Horman’s claim that Ms. Horman has not made any effort to Kiara, consider this: Ms. Horman was subject to restraints and could not have any contact with Mr. Horman nor could she go within 500 feet of him. She was barred from Kyron’s school and the Intel campus where Kiara is likely attending daycare. Under those circumstances she could not go see Kiara or attempt to arrange for visitation except through her lawyer. The affidavit of her attorney Peter Bunch states quite clearly, “Despite repeated requests, Petitioner refuses to allow Respondent to see her daughter under any circumstances…”
The far bigger problem at hand is that Ms. Horman not only wants parenting time, she wants Mr. Horman to pay for any cost of professional supervision. Ms. Horman cannot testify in support of her request, which raises the issue of whether she will be able to cooperate in caring for their child, were the court to grant her request. If Ms. Horman wants to care for her child, eventually she has to be able to communicate about what is going on with regard to her child’s welfare.
What Ms. Horman’s attorneys want to avoid is having Ms. Horman testify, thereby opening the door to cross examination. For this reason, Ms. Horman cannot talk about her parenting of Kiara, because it would allow Mr. Horman the chance to cross examine her about her care of Kyron and the events surrounding his disappearance.
Ms. Rackner knows that Ms. Horman’s attorneys are not competent to testify as to their personal knowledge of Ms. Horman’s parenting. She needs witnesses to provide this information, and it may be that the very people who could help her out are also invoking their right to silence. There are also some issues that only Ms. Horman can address personally. All of this will make for an interesting hearing.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Rich M says: October 29, 2010 at 12:02 pm
“@Lea or whoever might know: Given that TMH lawyers asked for an abatement and then later asked for parenting time, wasn’t it necessary at some point for Rackner to respond to that request formally? (And in this case try to block that request and point out the need for formal assessment of TMH competency?)Granted this prob went way overboard, but SOMETHING had to be done I would think.”
Blink says:
“I have seen everything Kaine described in someone I cared for who was otherwise a decent parent, except when they were not. And when the incidences were spread out enough, it is easy to dismiss the bad times until the next bad time. KH is having a very bad time of things right now I am sure. B”
Mr. Horman’s affidavit is a response, and he raises several issues and concerns that he wants the court to consider. This is not inconsistent with Ms. Horman’s request and offer to submit to “safety provisions the court can impose” to ensure Kiara’s safety.
Ms. Rackner might also offer a legal memorandum as to the issues of law raised by Ms. Horman’s motion, including the fact that the matters were consolidated and are under abatement.
I agree with Blink’s assessment of Mr. Horman.
These are people who shared their lives for nearly eight years, and during that time they undoubtedly had happy times, and maybe some not so great moments, too. Kyron’s disappearance is tearing the entire family apart. How could it not?
I really do appreciate this article. The analysis is strong and if nothing else, shows Mr.Kaine he needs to get better advice IMO.
One of the many things I enjoy about BOC is the openness of discussion and the varying points of view. Thank you Blink and Lea for providing another perspective of this perplexing case.
May we never forget it’s all about Kyron and bringing him home.
Lea Conner states “Mr. Horman does not offer any evidence that Ms. Horman ever sexted when she should have been parenting”.
At the time of the sexts there were no children for TH to be “parenting”. Kyron is missing likely as the result of TH, and Kiara was removed from her ‘care’ after TH’s alleged MFH plot against Kaine was discovered.
Lea Conner states, “A review of these documents reveals Ms. Hormon never asked Mr. Cook to lie…”
In fact, it reveals she did ask him to lie and say that she was not at his house. TH used the bit about (paraphrasing) being upset that Kaine didn’t know what Kiara’s favorite toy or blanket is as part of the lie/excuse she gave as to why she supposedly was upset and went for a drive, when in fact she went to visit MC and then asked him to lie about it.
Yes, TH discussed “cooking” but as euphemisms for sex/hooking up.
Yes, TH discussed “weight lifting” – she can bench press him, wants to arm wrestle him, sit on him, pin him…
She also talked about golf balls and garden hoses. And lets not forget the one about “I keep trying to send a pic of us exploring a cave, but my coverage is so weak here it keeps failing”. Taken in context with the rest of the sexts during that time frame, I doubt she was attempting meaningful discourse about her interest in spelunking.
What she did not talk about was Kyron.
42.beejah says:
October 29, 2010 at 4:12 pm
@beejay- First of all, I agree with you, we must get back to our sleuting. FWIW, I’m over here watching the news, reading the paper, since June 4th and I have never seen a media reference to RS driving a white truck. I only have Blink’s reference to that in her piece about the failed MFH sting.
Blink – my earlier post on this thread is still in moderation. Thanks again to Ms. Conner and you for this piece, I found it very helpful.
@beejay … I never fully “got” why the discussion of the UCC filing on Rudy’s truck … but of course, LE was keeping aka RS under the radar and the media tracked it down. So the question … why would an illegal landscaper in OR have a truck with a Washington UCC filing .. he wouldn’t .. who he “works” for would.
Blink knows who has the lien .. but being Blink she’s not going to tell us.
@beejay, I apologize if I offended you, it was not my intention. Perhaps we just see this differently. I feel that if I were afraid of anyone after one of my family members disappeared I would not be behaving the way TH has. To me she doesn’t seem like a woman who is afraid of anyone. Only my opinion of course. I could be wrong.
If some of you have a problem with the Lea Conner’s interpretation of Kaine’s filings. Since Lea is the legal expert for this blog. And since you have already stated why you disagree with Lea, then why don’t you post read somewhere else where all of the other posters will agree with your point of view? Its simple. Posters here would like to go back to trying to figure this case out based on the clues we have been given.
This is a learning blog indeed! Thank you Lea for providing your analysis. I think it speaks to the integrity of this site that we can have a productive debate and learn something in the process.
That is what this is about-
Have an educated or well-researched opinion.
Remove the Emotional Overlay Option.
How do we grow as compassionate people as a result?
Maintaining focus on a case where this little man, who could be any of our children, is missing and presumed deceased, is next to impossible.
My opinion is not going to change no matter the result. As a society, we have law.
Not storm the castle when we feel like it law, but the kind that protects all until the time a person is judged to not be worthy of it.
Someone getting away with a heinous crime against a child would light my torch for sure. I am attempting to avoid that.
B
I think it took great courage for Ms. Conner to look at the detailed descrepencies and put them in an article. The bottom line is finding Kyron. Putting Mr. Horman in the spotlight may be necessary after all.
As I read the article, the idea that came to my mind was that Mr. Horman seemed relentless to end his marriage to Ms. Horman. His attacks on her character, addictions, lack of maternal responsibilities come from someone who is angry, enraged. No way these feelings just manifest after Kyron’s disappearance. IMO, I’d say Mr. Horman harboured these feelings towards Ms. Horman for some time. If true, and this is about ending a marriage Mr. Hormon no longer wanted to be in, how does it tie in with Kyron’s disappearance? Is it a coincidence? Who is really to blame and should Mr. Horman be questioned too? (I can’t recall if the Hormans were polygraphed).
Kudos to Ms. Conner for shedding more light on this case. Every stone needs to be turned now. I pray this brings us closer to finding our sweet Kyron.
Great article!
Great analysis, thank you Lea Conner!
@beejay
Is this what you wanted?
‘The object of her “threat based” call to 911 requiring officers response?
The Landscaper, in his white truck, on her property, demanding his payment for $10,000.’
http://blinkoncrime.com/2010/07/06/kyron-horman-case-the-path-from-suspect-to-defendant-is-forged/
When I ask someone if I look fat in these jeans, I want an honest answer. I don’t want to walk around looking fat in my jeans. That’s what I think we have here. Thank you Ms. Conner for the honesty.
I think KH was an enabler and it took him to come out of that protective frame of mind and confront the situation realistically. We know his brother was sentenced for sexual crimes, so the question of KH’s backgroud would be one of nature and nurture and how that impacted his adult life. Perhaps it only went as far as picking a hyper-sexual spouse.
TH’s nature v. nuture question is also interesting given her being adopted (relax, I can say this, I was adopted, too). Perhaps her bio-family put her up for adoption due to their own mental instabilities which are often time inherited.
I think that the trouble with the sexts was not the content, but the timing. That point was not clearly made in KH’s response, and should have been. Where was the empathy for her children, one missing for a month and one just taken away from her? Sexting doesn’t jeopardize the immediate needs of her children, but sexting during that time shows her character and compassion, or lack thereof.
I am very interested in homing in on the real question as Ms. Conner, Idahogal and Blink agree. Who, if not TH, does LE hope to catch if they can get her to break? This I think points directly at TH, RS and a third person, unless of course you are of the camp that TH did this by herself. WHO is #3?
Laurel Canyon says:
October 29, 2010 at 5:00 pm
**********************************
I agree with you. I found myself carefully reading those texts hoping for a mention of Kyron somewhere. If she misses him or is worried sick about him-it wasn’t in those particular text messages. Now it may be in some of the hundreds of other texts that we are not privy to-who knows?
I try to remind myself that at this point almost anyone could be guilty. I do think we are seeing Kaine getting more desperate and angry, which I see as absolutely normal. He, and the rest of the family have been moving through the stages of grief and do not even have a solid target to go on.
1 They may have a live child being hidden by a nice family.
2 They may have a live child being held captive for nefarious purposes.
3 They may have a live child who is being held captive, tortured and molested.
4 They may have a dead child who was killed accidentally.
5 They may have a dead child who was murdered and dumped.
6 They may have a dead child who was tortured, molested, killed and then dumped.
7 They may have a dead child who may not ever be found and they will never know exactly what happened to him. The most horrific of the choices, as stunning as that is. JMO
If that isn’t enough to get anyone to try increasingly desperate measures-I don’t know what is.
The other day, Blink wrote, “And how does it help locate Kyron?” I interepreted this to mean, perhaps falsely, as “how does all this [skanky/sidetracking/airing of dirty laundry] help us get Kyron home?”
In response to Blink’s statement, and tying that in with Lea’s thought provoking (and very enlightening, btw) article, I would address 2 thoughts:
1) KH has clearly changed his story over time.
2) Are these new claims (including hearsay) really necessary, or even legally relevant, to getting us any closer to getting Ky back? (Okay, that said understanding that technically, the response affidavit was supposedly all about denying baby visit…but the two are unequivocally intertwined…)
In response to many comments about discrepancies in Kaine’s story THEN and NOW:
If you review the Ex Parte motion to restrict access to file (June 28), you will see the following language that, to me, demonstrates that KH and Rackner were uninterested and unwilling to expose certain intimate details:
“The information contained in the pleadings filed with the Court may be potentially embarrassing for the parties or for family members.
It is likely that if public access to this file is allowed, this information will be disseminated in the media. This may be financially and emotionally damaging to the parties.”
“This is a private family matter that should not be disseminated by the press and there is no public policy served by allowing public access to these records. Such access may be embarrassing to the parties, damaging to the family, and disruptive to court proceedings.”
I believe that THEN, only 3 weeks after Ky disappeared, their motive for non-disclosure was to either keep some sort of nicy-nice with her, HOPING that she would cooperate/talk, OR to send the message of, “look, we don’t want all that crap out there any more than you -but it’s there…we’re showing good faith now, so please talk.”
I believe that NOW (FOUR MONTHS LATER)their priorities have shifted, and they are pulling out all the stops, of course again HOPING that she will talk.
Could this in fact explain a lot of the change of information what we are seeing FOUR months later -i.e. he really has nothing to lose at this point, and perhaps even knows now that Ky is an angel with wings.
So if I am even close, then the current disclosures WILL help us to bring Kyron home. Maybe it will push things forward one way or the other. I would like to hear from Lea and/or Blink if you think there is any merit whatsoever to what I am expressing here. Thanks.
@ Observant says:
October 29, 2010 at 5:56 pm
@beejay, I apologize if I offended you…
_____________________
Me too. Friends, I hope.
Beejay,
Castilian Spanish is the official language that is spoken and written in Mexico and most of Latin America (excluding Brazil which uses Portuguese). There is no separate “Latin-American Spanish” language as you state. There are different dialects among the many countries of Latin America and indeed among the many regions within Spain itself however all Latin-Americans and Spaniards understand each other. The pronunciation is different but the grammar is identical. Any dialect you would come across in Mexico would be fully understandable to a Spaniard as Americans are fully understood by the British. There will be a few words and espressions that are different as there are between the English spoken in Britain and in the U.S. but most Spanish courses address this and you could google any slang or colloquialisms you don’t understand. If you are wanting to learn the language in order to read official Mexican documents pertaining to certain characters involved in this case, you will find that they are written in perfect “Castilian” or, more properly, “peninsular” Spanish which is no different from what you would read in Spain. Understanding grammar and verb tenses is the most important thing for you to learn.
Just a couple observations-
I believe Ms. Conner’s reporting of inaccuracies in KH’s stories to be the same inaccuracies that Bunch/Houze would bring up as well. One would think that Rackner thought these through before filing, but who knows. Many of them seem to be easily explained such as KH never seeing the landscaper. If TH was sleeping with LS, obviously she’d schedule him to come when she knew KH wouldn’t be there.
I think due to the rarity of circumstances of a missing child, SM alleged suspect, and divorce/child custody issues all at the same time that it is important to see how this may all intertwine in the legal setting. Even though some of us may not like to see some of what is said, it is still important.
The mention by Bunch of the 12/26 911 call seemed like a veiled threat to keep KH from exposing dirty laundry. If this was the case, it shows how desperate KH is to get info knowing that his dirty laundry may be exposed too. Considering KH seems to be well informed by LE and he is still making these desperate attempts to get TH to talk seems to point to LE not having a very strong case.
Also – Did anyone else note the hypocrisy of MC when telling TH she shouldn’t lie yet he is in the midst of sexting with his buddies wife? I know he could have been trying to help KH, but it was still kind of funny. The rest of it (sexts) was disgusting though.
Excuse typo at 8:01. Should be “expressions” not “espressions”…must have been thinking about my favorite coffee drink.
@ wc says:
October 29, 2010 at 7:02 pm
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Thanks. But what I’m actually looking for is that specific statement–that the Horman’s landscaper (and/or Rudy Sanchez) drives a white truck. And I want that statement in the MSM (mainstream media). Blink, and the blogs who’ve quoted her, are the only places I can find it.
I was just taken aback when it hit me that this is one more way in which RS has been regarded as “hands off” by the media. I take it, at the suggestion of LE. (@puzzled: I’ll have to think about RS as possible undercover…)
Thanks for verifying my suspicion,Idahogal; I know you’ve been keeping up with the media.
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Blink: thanks for the language learning info. Will check it out.
..”Ms. Horman told Mr. Cook, “I was really upset that Kaine has Kitty but doesn’t know what her favorite toy or blanket is.”
-Terri Horman
A parent who does not care about her daughter would not waste a single moment worrying about her child having her favorite toy or blanket.
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I do not see TMH’s statement as a show of concern for her daughter; I see it as a slam against KH.
I am all for opposing arguments, but with all due respect, I feel this article goes a bit beyond that. It sounds personal.
Lea Conner I am glad you came and wrote for us
I feel I brushed you off
I just feel Terri showed no respect for Houze , like he was. Babysitter
in her sext
and her attitude toward him made me mad
the rest of her sexy sext was garbage
Please don’t stop comming around to see us
because TODAY is kind of emotional yet over those sexts
Ms. Conner’s as advocate for the de facto POI in the above piece drew an important contrast to Kaine’s filing. For me it illustrated the hurdles and land mines LE must slog through to secure a conviction in the disappearance, and divorce/ custody/ visitation issue was made clear with her citation of family law. That aspect seems to be cut and dried, for all practical purposes. The primary purpose of the filing , then, was groundwork for the criminal case. A ‘closer’ warning shot across the bow than previous filings.
As a side note, I can recall hearing as a seated juror, the prosecutions case and was ready to convict then and there. I was certain of the outcome. But…then the defense went to work and wow…my position changed quickly. All it takes is reasonable doubt. Ms. Conner provided that. Well done I thought.
Very interesting to have things laid out from the outside, by someone who knows the law & has a strong sense of how things play out in court. Looking at it from KH’s perspective, reflecting on my own experiences, when someone is betrayed they are often initailly somewhat stunned, in this case, in Shock. It’s mortifying to let others know just how deeply we’ve been wounded, how foolish & niave we’ve been, how totally blind. When the truth of that betrayal keeps getting bigger & more cruel, we eventually let self protection fall away & start calling a spade a spade. MOO ~ There are very few who could come right out & do that in the middle of such a media circus – it takes guts! While I think KH has made a lot of errors, I back him up for finally throwing it out there. If a few more people would do the same we might find some answers.
I think this is okay to post, this guy spells his name with an “A” and was involved with the PTA as of 2006.
http://courts.oregon.gov/OJD/docs/OSCA/cpsd/citizenreview/CRBNetworkNews0706final.pdf
See Page 5
Thank you ragdoll
You put into words a lot of what I have been thinking. You expressed it in a gentler way.The questions need to be asked, Kyrons disappearance most likely was planned prior to June 4th and by someone he knew.
IIRC KH had said that TH had been venting to others about him for a couple of months. His time frame as to TH having a problem or him having a problem with TH was was around 2008.
After June 26th (sting)TH response to them getting a divorce, was that it was rumors that needed to be squelched. KH was immediate response was divorce. He said he took the poly, passed, and also said then they (LE) were done with him. IDK what he meant by done with him, no more questions were ever asked of him?
It has been about 20yrs since I have been around someone who has been through a divorce so I am not an expert on the process and would never presume to know how a person who has lost a child would react. However, it is VERY hard for me to even come close to thinking that if my child went missing, a stranger, “A STRANGER”, appears from nowhere on June 26th, claiming xyz on my family, on my husband, and I say to myself….
“o.k…well..sure..o.k..that makes sense…ill go with that theory” ??
Then immediately get an attorney file for divorce.
NOT!! I would first be “BEEP” “BEEP” “BEEP” “stranger danger” “stranger danger” screaming “my family is being attacked, what the heck is going on here”
I could possibly see myself getting a R/O and temporarily separating until “I knew” what was going on.
IDK- this just goes to another contradiction on KH and what he says and then his action are different. IIRC he said something like that, that he looks at peoples actions, that he bases information of facts not feelings, that in their marriage they work on their problems in a mature and healthy way.
In the affidavit when he was saying something about telling terri that he would text her, and she should have known from the media that he was questioning her motives…what was that all about? anyone know?
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Ragdoll says:
October 29, 2010 at 6:52 pm
I think it took great courage for Ms. Conner to look at the detailed descrepencies and put them in an article. The bottom line is finding Kyron. Putting Mr. Horman in the spotlight may be necessary after all.
As I read the article, the idea that came to my mind was that Mr. Horman seemed relentless to end his marriage to Ms. Horman. His attacks on her character, addictions, lack of maternal responsibilities come from someone who is angry, enraged. No way these feelings just manifest after Kyron’s disappearance. IMO, I’d say Mr. Horman harboured these feelings towards Ms. Horman for some time. If true, and this is about ending a marriage Mr. Hormon no longer wanted to be in, how does it tie in with Kyron’s disappearance? Is it a coincidence? Who is really to blame and should Mr. Horman be questioned too? (I can’t recall if the Hormans were polygraphed).
Kudos to Ms. Conner for shedding more light on this case. Every stone needs to be turned now. I pray this brings us closer to finding our sweet Kyron.
Great article!
As one who has followed this case closely, I was surprised and dismayed at the pro-Terri bias in Ms. Connor’s article. She sounded as though she were representing Terri, rather than trying to write a neutral article.
Terri lied to the school staff about the doctor appointment on June 4th. What an amazing coincidence it would have been for some unknown kidnapper to just happen to strike on that day! Start with that and closely follow the rest of her inappropriate behavior, and you’ll understand very well why Kaine is so angry at her. In my opinion, she murdered his little boy.
Mr. Horman is mad. Every single one of us would feel angry to be in the same position as him. The danger with “operating on mad” during a divorce is that you can end up painting your opposing party as the devil him or herself. You can have the most heart-felt affidavit, detailing everything wrong with the relationship and the other person. It’s a hard sell when you have a story about the world’s meanest person, because the fact is, you stayed with them all this time.
You can get the same point across without the overreaching by admitting the obvious. For example: You stayed with the person because they could be a lot of fun. You stayed with the person because Christmas is coming up, and nobody wants to spend Christmas alone. You stayed with the person because you hoped they would return to the way they were when you met them.
Admit that you could have done better. Talk about your concerns in real terms, i.e. “I realize in retrospect….” “Looking at the improvement in my daughter….” and so on.
But we’re not here to talk about Divorce 101. We’re here to talk about Kyron.
If Mr. Horman wants to force Ms. Horman to talk, then put forth a declaration that her attorneys cannot dismiss as hyperbole. Mr. Horman has the very difficult task of ensuring that his affidavit no only sets forth his position, but also offers the hard truths that make it ring true.
Mr. Horman has to make it impossible for Ms. Horman to hide behind her lawyers. He has to make her talk. It’s that simple.
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Shelly says: October 29, 2010 at 11:07 am
Blink/Lea Conner
“What law enforcement was seeking matters. Ms. Horman’s specialty was in teaching children with learning disabilities. She would have had access to confidential psychological testing, mental health records, medical documents, and possibly, CPS records, none of which could be disclosed except by parent authorization, or pursuant to subpoena or search warrant. Even though she had not worked in that area for some time, she may still have had such records in her home or on her laptop”.
“1) Can you further explain this paragraph? Do you mean she would have access to blank forms? Or she would still be privy to access or view ‘real’ historical cases on her laptop?”
Ms. Horman works in special education. She does testing. This suggests she is involved in Individualized Education Program (IEP) evaluations.
IEP evaluations typically include intelligence tests, psychological testing, and other tests that help diagnose disabilities. These tests are confidential and protected by law. Some of these tests can only be conducted by a psychologist or psychiatrist, or but the final report is part of the IEP evaluation.
Ms. Horman’s resume says that she continued to assist in testing at Skyline from “September 2008 to present.” As such, she might have been involved in more recent testing, whether as a paid consultant or volunteer.
“2) Would/could she have access to Kyrons school records? (Jumping to conclusions for a sec…but could she have forged/added/or omitted some records from Kyrons portfolio? (Maybe to make it simple to hand him off to someone?”
That’s not the issue here. Ms. Horman would have had access to Kyron’s records because Mr. Horman consented to her having such access.
The issue that I referenced was as to third-party records that Ms. Horman could not release without a waiver or consent. If she had any student records on her laptop (or smart phone), and law enforcement wanted to examine it, she could not produce the laptop except by subpoena or search warrant.
“*In addition*: are we to assume her laptop can not be located? Or maybe this information was erased from her laptop?”
I have not heard anything about what was on her laptop. Maybe Blink has some insight on this?
33.enumclawrose says:
October 29, 2010 at 7:19 pm
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Personally, I do not believe RS was directly involved nor participated in Ky’s disappearance. I believe TH through her association with RS found someone who was willing, for a price, to take Ky “off her hands”. I believe TH orchestrated (plotted and planned) Ky’s disappearance. LE needs to locate that individual. jmo
Trying to post this link for Partners for Change.
http://partnersforchange.net/customer-testimonials.php