Kyron Horman Missing: Civil Suit Against Terri Horman DELAYED AND SEALED- Prompted By NEW LEADS
Portland, OR- As many of you have been following since June 2010, there is a new development today in the disappearance of Kyron Horman.
As predicted at BOC, the civil suit brought by Deisree Young, Kyron’s Mother, against Terri Horman, Kyron’s step-mother and the defacto suspect in his disappearance has been granted an abatement.
In a sealed filing, motions by Assistant District Attorney Michael Schrunk and Multnomah County Sheriff Dan Staton were granted, delaying the suit . The motions included supporting affidavits that continuing the action as already ruled would compromise the investigation.
The decision presents an ironic twist .
Terri Horman’s lawyers originally fought vehemently to abate the action, but were unsuccessful. As recently as last week, the Judge in the case ordered medical records to be accessible to both parties to the action.
In Judge Kantnor’s decision to NOT abate the suit at the request of Attorney Peter Bunch for Terri Horman, the Multnomah County Prosecutors Office declared “no position” on the matter after being contacted by the court.
It is not known if that order prompted the request to delay the suit .
Sheriff Stanton, Eldin Rosenthal, Norm Frink and Stephen Houze declined comment at press time.
On Monday, Judge Henry Kantor granted the motions to abate the civil proceeding and ordered the motions and affidavits filed by the district attorney and sheriff sealed.
A hearing had been scheduled for Dec. 14 to hear Young’s attorney argue before the court to compel testimony from DeDe Spicher, an alleged witness in the case. Today’s ruling is likely to render a postponement of that proceeding.
Sheriff Dan Staton, told Oregon Live, it is based on early leads that are now panning out:
“There are a couple of investigative pieces that are going to open up,” Staton told The Oregonian Tuesday. “Our belief is they’re going to open up several investigative doors.”
He said the new “investigative avenues” are based on information collected in the early phase of the investigation that are now yielding some results.
Related Posts
Related Posts:
4,315 Comments
RSS feed for comments on this post. TrackBack URI
T. Ruth says:
January 28, 2013 at 10:56 pm
What I wonder is does ANY of this really mean LE really getting really closer to an arrest…..of anyone? I wonder if they truly have new evidence? I wonder if they truly have mounting evidence on Terri? I wonder who the 60 other persons of interest were? I wonder if they were really watching the school the weeks after Kyron went missing? I could go on and on and on. No wonder this case keeps us up nights. Kyron….if you’re out there…it’s not only your Momma who won’t give up. I still look. Night all.
Me, too, T.Ruth. Won’t stop putting up those posters in those little towns.
T.Ruth, Blink, et all…. VERY curious.
Why is KH now abating the case? After such vehement derision of TMH for doing so two years ago?
Why is DY questioning Shrunk’s leadership and hoping the election turn-over will be the key?
Why is she not exhalting the ability of MCSO to move on these emergent “investigative leads”?
Why is she so content to disband the suit and yet claim, still, that TMH is involved?
What does Kaine have to gain by taking the offensive now and abating the divorce?
Obviously, the divorce would go thru without a request for an abatement. It wasn’t TMH that asked to extend. Did TMH lawyer’s team offer a divorce settlement? On money/property/custody?
There’s always more, it seems, than “meets the ear” (coining a Tony Young phrase).
“the reason I had to do it” (go silent) ???
http://www.gofundme.com/kyronhorman
Off the tracks.
B
I had a post tonight but erased before sending,
speculating this was a motion for continued divorce abatement
as the timeframe for last abatement was at an end.
I suugested it was by agreement, stipulation,
so that’s the reason Kantor was OK to hear
(a rubberstamp on postponement).
These grieving parents are very sad, but
Can’t someone get the focus back on ground zero for Kyron?
I want Kaine, Desiree, Tony, Terri, and Porter & Keefer depoed, and let
those who’ll take the 5th take it.
So, where has Rackner the divorce pit bull gone to?
I suspect forum (judge) shopping again.
imo “the witness” attorney with Kantor was Rackner, bonding.
@vw. If the divorce went forward, he’d be deposed.
Can’t have that.
@Rose
“as the timeframe for last abatement was at an end.
I suugested it was by agreement, stipulation,
so that’s the reason Kantor was OK to hear
(a rubberstamp on postponement).”
Maybe. But i sense a hint of doubt. Finally. Not by one, but the Southern other.
Who knows what really happened in that “meeting” Kantor referred to.
Or whether TMH et all have countered.
Fact is, the longer the abatement, the longer the “win” for TMH.
Rosenthal gave up. That’s the elephant in the LR. No million dollar payout.
Rackner gave up. No judicial seal of custody for Kaine. Nor permanent freedom of division of assets.
MCSO’s “investigatiive leads opening up” are the….hmmm…”wag the dog’?
Now KH is on the defense.
Abating, after all this time and derision, the civil and divorce cases, are the “means” to get Kyron home?
Really?
T H U D
But seriously- hum the theme of jeopardy folks- the wag the dog portion of the program is over.
B
ROFL. Just read up on the last few pages. Same wave—?
At the risk of sounding glib, I am hearing sounds of the great white way of my past this is so drama-filled.
All the while, he says the emphasis should be on Kyron? Based on an image on the side of an 18 wheeler?
BASTA already.
B
What is it that he is does not want to say?
Rose says:
January 29, 2013 at 1:40 am
@vw. If the divorce went forward, he’d be deposed.
Can’t have that.
I think it fishy Sr Reference Judge Meisenheimer’s case migrated over to the Judge that “Aloha former-attorney Lauren” panned as “dangerous.” I bet Meisenheimer didn’t have authority as a Reference judge to keep it. I found a case where Meisenheimer did not require a priest of a 4000 family church to cover his hemophiliac out of wedlock son for health ins because his priest policy didn’t cover kids. Ins can be bought on the open market. And by his reversals, my guess is Kantor is likely to create the law in a divorce case to fit his own idiosyncratic view of the equity called for. So in Terri’s shoes, my goal on 2/4 would be to have Kantor recuse himself on the grounds he’s talked ex parte with the DA and “a witness”‘ attorney. I’d go for the new hispanic judge who replaced Meisenheimer. She worked for DA, probably overlapping Rackner/ Meisenheimer. But she did years of domestic relations & would knows it when she sees it about both a certain type of man and wife. imo As a new Judge, she’d be more likely to try to apply the statutes.
Kaine is in the catbird seat–no asset division, alimony, child support, or visitation. How could it have been planned better? he’d be wise to stay it til his income drops from retirement & Kiara is 21. A pious “Kyron comes first” is 2.5 years too late.
I read Desiree’s smile letter. I do not understand why her public voice now on TV or her letters on gofundme addresses her letters to Kyron instead of LE or John Q Public and also that her one shot and should be a big deal to engage the public letters are not fact laden about where the investigation is and what is needed to move it forward. Her letter, unless it’s a private one pinned to his pillow, is just worrisome in terms of what’s going on in her head and mostly of who her advisors are who’d let her put that out as a public communication. I am wondering how much influence Tony has on her these days. I don’t see how he could let her miss this opportunity to engage the broader local public.
@vw, erose. I think Kaine’s desire for a stay is strictly because Judge M, who appeared in his pocket, could no longer hold onto the case. The question is when his name came off the file, and who put Kantor’s on. In Bunch’s shoes I’d see Kantor as worse, but apparently Rackner lacks confidence. You know what bothers me is that in Summer/Fall 2010 Kaine & Rackner had no thought in mind but litigating the divorce and forestalling visitation and appeared not to prioritize finding Kyron in comparison to his divorce case at all.
you know, this Stay Motion is likely just tactical.
Any Motion that Rackner could take to his Clerk in Chambers
(like with the RO) would probably do to get Kantor
assigned as the ongoing divorce trial judge. Since he postponed
the other civil trial, a Stay is the perfect excuse to drop a Motion
on his desk that he’d take on.
I am so lost as to WTF is going on. So what else is new, lol. Kaine now doesn’t want the divorce to go forward? WTH? What happened to him wanting to make Terri talk? Sounds to me like he’s the one not wanting to talk. Come to think of it, maybe it was him filing for the delays all along. I’m not sure it ever was made public before who actually kept filing for the multiple extensions?
Rose, the judge you reference is the judge who replaced Meisenheimer:
(the link does not work any more)
http://www.portlandtribune.com/news/stor…6592954100
Villa-Smith named to Multnomah County bench
The Portland Tribune, Dec 22, 2010
Portland attorney Kathryn Villa-Smith was appointed Wednesday as a new Multnomah County Circuit Court judge. She fills the vacancy created by the retirement of Judge Keith Meisenheimer.
“Ms. Villa-Smith will bring an extensive knowledge of both domestic relations and juvenile law to the court,” said Gov. Ted Kulongoski, who announced the appointment. “Her respect for people of all backgrounds and tireless work ethic will make her an extraordinary judge.”
Villa-Smith earned a law degree in 1982 from Lewis & Clark Law School and holds an undergraduate degree from New Mexico State University. She is a shareholder at the firm of Gevurtz, Menashe, Larson & Howe, P.C., and has practiced domestic relations law for more than 16 years.
Villa-Smith also has been a deputy district attorney in Multnomah County.
***********
Funny the divorce case did not go to her. I think she had more experience in family law than Kantor. ?
And, even further interesting was the original judge to hear the civil suit was listed as “Waller”, not Kantor.
https://portal.courts.oregon.gov/egov/po…5OTc2NTA2/
Young Desiree/Horman Terri Multnomah 7/18/12 3:30 TNGW 208 JUDGE WALLER 120606956 Hearing Case Management
Young Desiree/Horman Terri Multnomah 10/13/12 12:00 ICMC INIT CASE MGMT CONF 120606956 Hearing Status Check
*************
How did this judge get both these cases? Hmmmm?
August 25, 2010:
(snipped, more @ link)
In a legal memo filed today, Bunch argues that Terri Horman can’t proceed at this time to protect her rights to property, custody and parenting time because she is a “de facto suspect” in the disappearance of Kyron and at the center of a police investigation.
But Kaine Horman’s lawyer, Laura Rackner, has countered that Terri Horman is stalling to “avoid possible self-incrimination” in the ongoing law enforcement inquiry into Kyron’s disappearance.
Kyron was last seen June 4 at Skyline School. Terri Horman took him to school that morning for a science fair, and said she last saw him walking to his class about 8:45 a.m.
Today’s hearing dealt with whether to hold two separate hearings on Terri Horman’s request to delay the divorce proceeding and Kaine Horman’s motion to learn where Terri obtained money to pay for Houze, a high-profile criminal defense lawyer.
Bunch asked the judge to hold two separate hearings because of the complexity of each matter.** Houze estimated arguments in a hearing to delay the divorce proceeding would last half a day.**
**But Rackner said it would be inefficient to hold separate hearings, and would prejudice her client. She argued that Kaine Horman would have to miss work twice, and he does not have “unlimited savings.” **
Bunch countered that Kaine Horman has a good job at Intel, with a substantial savings account and dismissed the suggestion that Kaine Horman would be encumbered by having to pay attorney fees and wait two to four weeks between hearings.
http://www.oregonlive.com/portland/index.ssf/2010/08/terri_moulton_horman_appears_i.html
So, what has changed here, that now Kaine Horman wants to delay the divorce proceedings? Rackner WAS arguing to go forward with the divorce, why are they now asking for abatement? A complete reversal of their first arguments. Just like Kantor completing reversing himself in whether or not to abate the civil suit. Just like the DA completely reversing his lack of opinion on the civil suit. This case is so freakin’ bizarre.
What a mess this all is. Seems to be a need for a breath of fresh air in this case.
@ T Ruth, it is bizarro. There are two things that would make sense of this:
1) that the investigation truly is moving forward and they just need a little more time to solidify it.
2) they are in a holding pattern trying to smoke Terri out, ie… make life so difficult for her that she will finally talk.
As to number two, it is difficult to imagine an entire system (courts, attorneys, media, investigators in many different venues, and both bio parents plus friends and acquaintances who know them) set up against one individual so systematically for so long for no reason or without legal justification. The ability to keep it all secret is a feat unlike any I’ve ever seen.
To speak even more toward this is the parental, public, investigative and legal silence having to do with any responsibility lying on the shoulders of Portland Public Schools, ie… Skyline Elementary.
Is Kaine wagging the tail? What kind of power would that require?
I have always believed he is hiding something. Not that he had ANYTHING to do with Kyron’s disappearance but the condition of his marriage and his relationship with his son in terms of doing what was in Kyron’s best interest. I’m certain he doesn’t want any of that public. To the degree that he would use the investigation as a scapegoat? I’m not so sure.
Desiree on the other hand… I bet she’d give her entire life story if it meant finding out what happened to her son. I believe she believes the investigation really is having some sort of profound breakthrough that will lead to this end. Someone has convinced her of that. The new DA?? What stake would he have in doing so?
Underhill, the new DA in town who has been involved with Kyron’s case since very early in the investigation, “is focusing on gangs, family violence, and victim’s rights”:
http://www.oregonlive.com/portland/index.ssf/2012/05/rod_underhill_–_multnomah_cou.html
I really hope that if Terri has been dealt the hand of subterfuge and an incessant vendetta unjustifiably (and illegally) that she and Houze go on the attack. I’m not thinking it’s unjustifiable myself but I’m not always right so it’s possible.
I doubt Underhill, Kantor, Stanton, Kaine, or Desiree have ignored the importance of getting this done within the next eight months. We should see movement.
@TRuth. Imo just guessing,
Plaintiff’s attorney saw a
Judge in Chambers with her new Motion
and imo it would not be like a self-confident Judge
with an expansive personality
to turn her down.
@Amy’s Sister says: January 29, 2013 at 4:02 pm
@ T Ruth, it is bizarro. There are two things that would make sense of this…
Something else that would make it really bizzaro, especially if Kaine doesn’t really want to be deposed:
3) If he did the 5th amendment thing, he could look as silly as DDS.
If he answered everything they ask, maybe he has something to hide or something that might make him look like less than a perfect dad, and he probably doesn’t want to be deposed and end up looking as silly as DDS.
4) Maybe if they depose him, he might lose Kiara and any chance of getting Kyron back when he shows up in “oh, say, five years…”
You all know a lot more about the trial/legal/attorney side of this, but in all of it, it just looks like nobody really cares about Kyron. What a bunch of selfish people – ALL of them, including the parents.I sometimes get the feeling that the only people who care about that little guy are those who write here. And his mom.
Oh, and there’s a 5th reason why KH might not want to “tell”:
5) Speculating here, way out of the blue. Kyron could have left the school willingly with his dad.
Maybe TMH didn’t really want to get Kyron away from KH by sending him (via DDS) to stay with someone else for his own protection; –maybe KH was running a Control-thing (an Elaborate Plan), getting Kyron away from stepmom and making stepmom look guilty with faked texting and faked MFH plots. It’s a good way to get rid of wifey-dearest and not have to pay any alimony and get to keep the kiddies to himself anyway.
Well, I still feel sorry for all of them if they aren’t involved and it truly is a random SZ who is reponsible, but I feel saddest for Kyron who never deserved any of this.
@Amy’s Sis:
I hope it is #1, whomever they are targeting! Your comment about the amazing ability of all the parties to keep secrets makes me wonder to myself if perhaps the irony of it all is there are no secrets to keep.
**********************
I am wondering something today, Terri Horman has a RO against her seeing her daughter, but, does that mean, as she is still her mother and custody is as yet undetermined, does that mean she cannot request an attorney to represent her own child? Would seem to me she could, but I don’t know how all this works.
Rose @ 4:50 said
Plaintiff’s attorney saw a
Judge in Chambers with her new Motion
and imo it would not be like a self-confident Judge
with an expansive personality
to turn her down.
First surmise. Bingo.
Not sure of second. If you mean Kantor
is confident enough and under Underhill’s influence, yes.
But what if Houze filed a forman motion to continue.
For KH to win he would have to present evidence to abate.
Has hitherto held that in revulsion.
Is MCSO going to save the day, again, and jump in with another
witness, or “new leads”????
Maybe Kantor, rather than other judges, would be more apt to
“apply” the civll suit extingencies to the civil divorce?
Will be interesting to see his “Order to Abate”.
I am not even clear on how this is not a conflict.
B
@TRuth. an interesting, innovative thought.
Her parental rights have not been terminated.
Therefore it seems to me she could contract with and pay an attorney to represent her child.
(Then of course Kaine could hire/pay a dueling atty repr.)
Don’t think Kiara could get one free as they aren’t indigent and this is not
a neglect/abuse case, and for whatever reason the Judge has not appointed one
of the legal child repr project beagles.
T. Ruth says:
…perhaps the irony of it all is there are no secrets to keep.
_____
Except that Staton stated we would all be surprised when we learn more details of the case and “we have a knowledge of things we wish we didn’t.”
I believe Terri’s attorney could easily request a GAL for Kiara if she thought Kiara would benefit from that.
http://www.oregonlive.com/portland/index.ssf/2013/01/former_beaverton_teacher_logan.html
****
Logan Storm news.
I am comsidering I have been unreasonably uncharitable to the local
press corps after Pitkin left, especially skeptical of OLive, thinking there are no
investigative reporters following the investigation ‘s progression and its strengths
and weaknesses, where it stands, where it’s going or not etc.
It is more likely, I am coming to see, that those reporters with boots on
the ground since summer 2010 maybe wised up early
on that you can’t get blood out of turnips. It may be they sized up earlier
that it would be impossible to get news or info
out of the 3 parent figures, Staton or Shrunk. ( other
than Terri did it from the bios. ) And that’s not news. I
think I’ve been wrongly critical of Maxine & her colleagues.
Rose says:
…It is more likely, I am coming to see, that those reporters with boots on the ground since summer 2010 maybe wised up early on that you can’t get blood out of turnips….
________
I’m not so sure you’ve been off the mark, Rose. The questioning of bio parents is always softballed, no media sources questioned why Skyline isn’t in some way accountable nor have they approached District Administrators to enquire about school safety (to my recollection), none of the media took Kaine to task for kicking WW out of the press conference at the church, none chased a possible connection to David Durham (except Blink) etc etc…
The media has completely bought and reported the ‘Terri did it’ story without attempting to delve any further.
@Blink…..”i’m not clear how this is not even a conflict”
Isn’t it unethical? How could one case not influence the other. Especially since he’s been influenced already by the DA and MCSO.
And, in regard to such, I do not believe that Houze and Bunch and Wagner agreed to the suit abatement. When they were a day off from from finally getting depoes of DY and TY?
This feels like good ol’ boy cronyism. And if you look at PPB lately, and the Wyatt case, the mayor signed off on Reece’s decision to demote (to head the sex crimes unit) rather than fire a sexual deviant and thug.
But..Rose, et all…regarding the media. Maxine and lynne terry have always seemed the “team players” in this case. But lately Lynne seems to have stepped down. And Maxine, at least in this last above-mentioned Wyatt case, seems to be not afraid to get the answers and to intimidate Reece. In fact, her reporting, imo, was the key in getting Reece to reverse his placement of Wyatt on the sex trafficking unit.
Sure wish WW would take this up again, though.
Well I guess the answer is- it isn’t “anything” until someone files something alleging it is.
My interpretation of Desiree’s comments the other day:
LE is saying DA telling them they do not have a prosecutable case- new DA Underhill coming into office is looked on as hopeful. ( I got news- no way in Hades- Underhill has been the pulse of this investigation- remember the press conf for public assisstance?)
She never said the civil suit gleaned new intel. She was still emphatic of TH direct involvement.
It would be great if someone would look down and note the hamster wheel at some point.
B
Rose says:
January 29, 2013 at 11:40 pm
I am comsidering I have been unreasonably uncharitable to the local
press corps after Pitkin left, especially skeptical of OLive, thinking there are no
investigative reporters following the investigation ‘s progression and its strengths
and weaknesses, where it stands, where it’s going or not etc.
It is more likely, I am coming to see, that those reporters with boots on
the ground since summer 2010 maybe wised up early
on that you can’t get blood out of turnips. It may be they sized up earlier
that it would be impossible to get news or info
out of the 3 parent figures, Staton or Shrunk. ( other
than Terri did it from the bios. ) And that’s not news. I
think I’ve been wrongly critical of Maxine & her colleagues.
—————————————-
@Rose – I appreciate your comments. I can’t say I know what to make of the reporting, but my experience with Maxine since the 1990’s leads me to believe:
1) she maintains very good connections with various agencies and LE and they respect her reporting and professionalism
2) she has some knowledge of what is or isn’t going on in this investigation – at least more than we do
3) either there is nothing to tell or there is a very good reason not to report what she knows at this time (as we have been saying all along)
I have seen her hold back publishing specific information about gang activity and corresponding anti-gang activity plans and investigations when requested by LE and the mayor at that time for the safety of LE, undercover LE, victims, and witnesses, and to protect an ongoing investigation. I was in those meetings (some years ago) and I know she had facts that could have been reported. She was the only reporter there and could have been on the front page a number of times. I know what she actually wrote, and I know why she didn’t report certain facts until it was appropriate to do so. Based on that, I wouldn’t be surprised if it’s true in this case as well, but I can’t say I actually know it is. I will say, too, that although she held back information at times, I never knew her to intentionally publish anything she knew to be misleading or simply not true. That is not to say she wouldn’t publish a quote from LE or a DA if requested.
Considering that he/Storm was in the education field, and that Stoller is only a few miles from Skyline, has anyone else made a connection between him and any of the staff at Skyline? He would certainly “fit in”.
IDK where some of this stuff comes from, or who this is – the Internet offers way too much anonymity:
http://www.narcissismdailymirror.com/2011/10/kyle-horman-better-off-not-found.html
(yes, I googled the Storm/Horman names together…)
well, following these various links – it looks like almost all of this has been brought up previously, one place or another. I just wondered if LE ever tried to connect Storm to Kyron.
Ode says:
January 29, 2013 at 8:47 pm
http://www.oregonlive.com/portland/index.ssf/2013/01/former_beaverton_teacher_logan.html
****
Logan Storm news
SZ = motive/sexual
bio parent = motive/custody & possible financial
step-parent = motive/negative emotions or possible safety concerns
The the closest the bio parents come to acknowledging a SZ is to entertain the possibility that TH conspired with someone. According to him, she wanted to have KH killed and according to her she wanted something done with or to Kyron because she either hated him (emails) or wanted to protect him (had him put into hiding). This other person, if not DDS, seems incidental to them. I mean, if they can’t get through to her, wouldn’t they try to get through to the other person?
Wouldn’t it go something like this, “We know *you* assisted TH in taking our son. We know she is ultimately repsonsible. We beg *you* to do the right thing, turn yourself in, help us locate our son, and bring TH to justice.”
The school, the school, the school. It is collectively most all of our fault, and put me at the top of that humbling list, that the school got a pass. I cannot believe I did not shout it out, day one. It reminds me of that crowd mentality, when something happens and people stand by a gape, instead of demanding answers. A little boy was snatched from a school. The outrage was too slow to grow, and by the time we dare question the powers that be, they clammed up, or were gone, or moved on. N.e.v.e.r. A.g.a.i.n.
Crushing thought…that the media has the bought TMH story hook, line and sinker. The day of truly investigative reporters who work in media are gone or so few in number that it appears they too have disappeared. I guess the mentality is on to the next tragedy as there are not enough resources, blah, blah, blah.
So sad for the victim, Kyron.
Ok I have a question, if anyone has answers.
Kaine keeps saying over and over that he wants the entire focus to stay on Kyron (totally get that) so why not just end the marriage and get that out of the way and keep it from being a distraction??? It really wont hinder the “alleged MFH” since that is a totally separate issue and has yet to be proven true.
Kaine is aka 100% control freak and does not anyone or anything to happen until he says it will happen…..
Regarding marriage and testifying laws within marriage and after divorce, could there be something along those lines that is wanting Kaine to abate the divorce?? Just wild random thought.
Now, new DA is just looking to put a “notch in his belt” for the career ladder. My take from Desiree was she does not have much confidence in the new DA taking over the case.
Dear god, enough already. What about Kyron? I think ego’s need to take a step back….. as usual MOO.
more on Logan Storm’s trial:
(snipped, more @ link)
http://www.oregonlive.com/portland/index.ssf/2013/01/guilty_verdict_for_former_beav.html
Storm is to be sentenced on April 8. Federal guidelines call for a prison sentence of seven years and three months to nine years, according to Assistant U.S. Attorney Gary Sussman.
(snipped)
After the verdict, one juror said that people on the panel were troubled by investigators’ mistakes. Police failed to document their search of Storm’s house with photographs, they mishandled the laptop computer and thumb drives, and they did not take Neilson’s computer, which could have disproved the defense’s theory more easily, said Evadne Woodside, a juror from Washington County.
Had investigators “done their job more thoroughly in the beginning, it wouldn’t have made our job so hard,” she said.
But after deliberation, the jurors all came to the conclusion that Storm knowingly possessed child pornography, she said.
“It wasn’t an easy case at all,” she said, adding that jurors are concerned about Storm and feel “a real sense of sadness” for him and his family.
At the same time, the jury was appalled at the many graphic images of children being abused. “I saw tears in the eyes of some of the guys on the jury,” she said. “It’s just a tragic situation.”
Following the verdict, Sussman argued for having Storm taken into custody immediately. Sussman said he feared Storm would flee before sentencing, noting that the teacher had fled the country in July 2010 after police seized his laptop and thumb drives but before he was charged. Storm, who left without saying goodbye to his then-12-year-old son, did not return for seven months.
*************
I too wonder if LE ever tried to determine if there was a connection to Skyline and if that is or is not Logan Storm in the picture with Kyron. I hope they did their job. Sounds like Storm almost got off, because of sloppy police work.
Question, does sentencing in a case always get pushed out 3 months? Is that normal? (I’m still just trying to wrap my head around the 9-month delay in Desiree’s civil case and wondering if it is based on something like this, which BTW is now down to 7 months.)
I just realized that even if TMH could get a lawyer to represent her daughter’s best interests, it would probably result in the same stale-mated situation.
vw says:
“And, in regard to such, I do not believe that Houze and Bunch and Wagner agreed to the suit abatement. When they were a day off from from finally getting depoes of DY and TY?”
**********
Great point. It would be interesting to know whether or not Wagner objected to the abatement of the civil case wouldn’t it? I think you are probably correct in your assumption. I wish we knew for certain whether or not Kaine Horman had already been deposed. I know I read an article that he received notice he would be, but I’ve not seen anywhere whether or not he was. Anyone?
@mas says:
January 30, 2013 at 12:21 pm
Yep, all along Mr. Horman insists this should remain about Kyron, and yet, all along both he and Desiree have been the ones to make sure it was about Terri. Where would this case be if the threesome had remained publically silent in regards to their feelings about TMH and just let LE do their jobs? Further along? I’d venture to say yes. All this *leaked* source information, did nothing but clam up LE’s first and foremost witness to what may or may not have happened that morning, as well as turn away other witnesses who were now assured by Kaine, Desiree, Tony & LE that it must have been step mother, because if not, then who? No need to report any other suspicious activities, only those surrounding Terri & Dede.
I agree, too, why not go ahead with the division of assets, as Terri agreed to long ago. Hold custody issues aside if necessary, but get divorced. Hmmmmm? Makes one wonder wth is going on.
Somewhere I read that Underhill, at the time Kyron went missing, mostly handled the domestic cases. Did he frame the case, or was the case assigned to him because of his expertise? So, who was the ADA in charge of prosecuting for crimes against children that didn’t get the case?
erose says:
January 30, 2013 at 5:05 am
Wouldn’t it go something like this, “We know *you* assisted TH in taking our son. We know she is ultimately repsonsible. We beg *you* to do the right thing, turn yourself in, help us locate our son, and bring TH to justice.”
**************
I too am surprised this never has been addressed by the family, particularly Desiree, Her lawsuit states, “acting alone or in concert with others”. it still makes me wonder if Desiree (and Tony) do not believe there was/is an SZ, or have been given zero knowledge of one by LE.
Kaine as well, has stated publicly that he has no idea if it was Terri acting alone, or with someone else, so again; why would he think it was Terri acting alone, if he had knowledge of SZ?
Either none of them have been told of one by LE, or they refuse to believe it.
I don’t get it either.
Well Logan Storm is off and running again
I always thought he could be the one
@erose:
Sigh. On both your points we agree… I also feel that I let Skyline slide. Were it my child who went missing from his school, OMG, I would be at every public meeting, writing letters to the newspaper editor, blogging, and especially taking the issue to legal heights.
Obviously the kink is that Stepmom was likely involved. Does that absolve the school of their own responsibility? No, it does not.
You also nailed the issue of bio parents (and media)ignoring the SZ factor. This long into Kyron’s disappearance maybe it’s time to acknowledge that Terri had help and open up that discussion.
______
erose says:
“Wouldn’t it go something like this, “We know *you* assisted TH in taking our son. We know she is ultimately repsonsible. We beg *you* to do the right thing, turn yourself in, help us locate our son, and bring TH to justice.””
Amy’s Sister says:
Yes, under normal circumstances that is how it would go. What makes this case so different??
http://www.oregonlive.com/portland/index.ssf/2013/01/child_porn_convict_logan_storm.html#incart_m-rpt-2
Logan Storm snipped off his ankle bracelet and is gone…manhunt underway. Like this wasn’t going to happen.
FTLOG.
B
http://www.oregonlive.com/portland/index.ssf/2013/01/child_porn_convict_logan_storm.html
*****
Logan is on the run again…WTH….this guy is a problem.
@mas
mas says:
January 30, 2013 at 12:21 pm
Ok I have a question, if anyone has answers.
Kaine keeps saying over and over that he wants the entire focus to stay on Kyron (totally get that) so why not just end the marriage and get that out of the way and keep it from being a distraction??? It really wont hinder the “alleged MFH” since that is a totally separate issue and has yet to be proven true.
——–
Kaine needs the “distraction”. He stays in control of home and baby. They are a certainty now. Kyron isn’t.
The mfh handicap for TMH depends on LE proving it. Catch 22. Can’t win the “divorce” settlements without it (custody, etc). LE can’t drop the MFH or they end up Keystone Cops. Houze, at this point, prolly feels that a “real” divorce now will favor TMH and the MFH and “disappearance of Kyron” involvement will have to be set in light of a “dropped” suit.
Wasn’t LE saying that Tmh’s involvement in kidnapping and hurting Kyron can NOT be proved anytime soon by the suit?
As well as saying that the suit is coming too close for comfort and their own “investigation” was going to crumble if it continued.
Might that be why Kaine is filing for abatement? He knows he might just lose full custody?
Just some thoughts.
Given prior absconding,
should’ve never had bail.
Given prior absconding,
should’ve never had bail.
now it’s all about who’s helping him
The MFH.
That’s what is left.
You don’t abate a suit because of the 5th. Or because you’ll come to close to finding out the answers you want.
DY wanted a body or a boy.
LE wanted a conviction of kidnapping or murder.
They weren’t going to get it with the suit ….. with the depoes of dede and/or TMH’s family. Or with TMH’s medical records.
That leaves the MFH and the media creation of a horrible, inept, narcissistic, alcoholic sex-crazed mom.
Who, then, benefits?
How was the MFH created and morphed into a reality? To where Kiara was in danger from TMH. To where an r/o was extended year after year.
To where TMH during the sting “shut off the conversation” with all those connotations of culpability, instead of “proved the MFH was false by calling 911 on the “hit man — a threat call”.
To where it is glossed over and hidden that LE approached TMH and she “denied it”.
She denied it yet within hours LE gave the OK for Kaine to take KIara and file a RO. LE gave the OK for Kaine to use them on the r/o and the divorce forms. To say “LE has led me to believe they have probable cause that….”
I’d bet this “abatement” request has nothing to do with the “investigation” or putting the focus on Kyron.
And all to do with keeping that “MFH” up there in shining lights, and Kiara away from TMH.
If not for that, this would be just another missing child case.
I thought judges were smarter than that. Geez, he saw the guy skip out once; how hard is it to add 2 and 2?
OK. Storm. He must know other PPS people; would certainly know others who had the same ‘sicko interests’ as he did. Does anyone know which other PPS schools he worked at? As I wrote earlier, considering how close Stoller and Skyline are together, faculties at both had to have interacted somewhat.
Why isn’t LE connecting him to Kyron? Couldn’t they have sat on him for several days or tried to make some kind of deal to get him to tell what he knows. If they got Kyron overseas, and then this guy went overseas, (IDK timelines) can’t they also do the “2 plus 2″ thing? Also, too bad his lawyers aren’t held accountable and charged.
I also wonder if this is the “witness” they were so determined to protect.
@Kat says: January 30, 2013 at 3:09 pm
http://www.oregonlive.com/portland/index.ssf/2013/01/child_porn_convict_logan_storm.html#incart_m-rpt-2
@vw. What evidence would Rackner have to put on to get a Stay (the word Abatement was not used)?
I bet just as much as was used to get the RO.
By self-confident I meant to say in politer form he seems full of himself,
and likely to think he’s the right judge to find the equitable solutions. I guess occasionally
the Appeals Court agrees with him. I am not surprised at Kaine’s request of a Stay.
He seemed never ready to debate evidence publically.
I am surprised the Judge would not see himself as having a conflict.
Imo Aloha ex-attorney was right that some Statewide & Portland Bar leadership rises to more than mere cronyism
or professionally incestuous. That’s found everywhere. To me this Bar-Bench system is something more off; reminds me of aspects of Pennsylvania.
erose says:
January 30, 2013 at 5:12 am
The school, the school, the school. It is collectively most all of our fault, and put me at the top of that humbling list, that the school got a pass. I cannot believe I did not shout it out, day one. It reminds me of that crowd mentality, when something happens and people stand by a gape, instead of demanding answers. A little boy was snatched from a school. The outrage was too slow to grow, and by the time we dare question the powers that be, they clammed up, or were gone, or moved on. N.e.v.e.r. A.g.a.i.n.
—————————————-
Very well said – totally agree. Also, I look back and am dumbfounded that apparently no one connected to the school and no one in the community challenged the school on this. It is NOT meant as an excuse for myself, but it’s hard to join a movement that isn’t moving. How do you stand up for people who don’t agree there’s a problem when you need information from them in order to do it?
I think they needed a leader from outside the school, but who was known and trusted in the community – a county representative, a city commissioner, a pastor, a community activist of some sort. I also think a big motivator – in this case a big “de-motivator” – was and is fear that the school may close because it is small and economic times are tough. This would have been in people’s minds before 2010. They cannot afford for enrollment to go down.
Bits and pieces that come to mind in reading today’s posts:
Re getting an attorney for Kiara – I don’t see what the purpose would be. If it is to try to get visits with Terri, I don’t see how you could do that if Terri’s own attorneys aren’t trying, and we don’t know whether Kiara’s attorney would also come to the conclusion that visits would not be a good thing. Either way, it makes her attorney just an extra influence for one side or the other, and really, not doing anything a judge couldn’t do for her.
Concerning the restraining order, as far as an attorney for Kiara goes – if there is reason to believe the parent of a child of tender years is in danger, then the child is also considered to be in danger. We may not all agree that Kaine is (or was) in danger, but until that case goes to court, or is resolved in some way, I don’t think anyone can be absolutely positive. It would not be up to Kiara’s attorney to determine that, and again, Terri’s attorneys didn’t contest it either. I think it would be highly unlikely that a child’s attorney would step out on a limb alone to argue about this in a way that is also arguing for one parent or the other, particularly if not supported in that argument. And it would still be the judge’s decision.
Another consideration – if a child has at least one parent competent enough to protect that child (and a judge has said that’s true of Kaine), then in my experience, the state is never going to appoint anyone in any position to represent the child’s interests. I understand there isn’t a DHS case concerning Kiara, but in other cases I am aware of, DHS has made it very clear this is the state’s position. Nothing is impossible, but I’d be very surprised to see anyone appointed or asked to represent Kiara.
—————————————
In the little world that lives in my head, if I were going to appoint an attorney for anyone, it would be Kyron. Don’t know if you can represent a client who isn’t present, but I’d sure like to have a great attorney watching over the proceedings and objecting when abatements, motions, etc., are not benefiting Kyron and the search for Kyron. After all, that’s what everyone says they want.
—————————————-
Re the divorce abatement – Here’s a procedural question: If the divorce goes to trial and one side (Terri’s) wants to settle so no court testimony occurs, I know the other side (Kaine’s) can refuse to accept the settlement if they choose, BUT at that time, can a judge go ahead and order that the settlement be accepted (or accepted as modified if he makes changes) and put an end to the trial even if the other side disagrees? If a judge could do that, and the purpose of the divorce trial is still tied up with finding answers, would they not do all they could to avoid taking that chance?
Or maybe, by pushing for an abatement, they actually think Terri will respond with some action – anything to get her out in the open where a conversation takes place. One thing we know for sure, it doesn’t appear either of them want to get married again anytime soon.
Kaine may be “100% control freak” but I can’t see that as the purpose for requesting a continuation of the abatement. I think he’s being advised to do this. Maybe LE does not want the RO to come up yet if they discuss custody/visitation. Terri didn’t contest the RO, but I don’t see how they can discuss custody or visitation in an attempt to complete the divorce now without bringing it up again.
vw says:
…How was the MFH created and morphed into a reality? To where Kiara was in danger from TMH. To where an r/o was extended year after year…
______
All your points are valid however Terri’s refusal to deny it during the restraining order process also helped move the MFH question into reality.
************
malty says:
Well Logan Storm is off and running again
I always thought he could be the one
_____
As Grandma used to say, “Ay dios Mio!”.
Blink has stated a description of SZ won’t be released because it won’t help. Made me think whoever he is, he’s probably generic looking. Logan Storm is pretty generic looking.
RedRose says:
January 30, 2013 at 8:04 pm
I thought judges were smarter than that. Geez, he saw the guy skip out once; how hard is it to add 2 and 2?
OK. Storm. He must know other PPS people; would certainly know others who had the same ‘sicko interests’ as he did. Does anyone know which other PPS schools he worked at? As I wrote earlier, considering how close Stoller and Skyline are together, faculties at both had to have interacted somewhat.
—————————–
Stoller Middle School (grades 6,7,8) is in the Beaverton School District. Skyline School (grades K – 8) is in the Portland School District. People may have known each other, but not through their district activities. One way to connect the schools informally might be through substitutes since many subs commonly sign up in several adjoining districts if they want to stay busy and would be likely to accept jobs in the general area near their residences. (Districts know this.)
Rose says:
January 30, 2013 at 6:18 pm
Given prior absconding,
should’ve never had bail.
now it’s all about who’s helping him
——————————————
The question of who’s helping him – Because of the kind of crime and the networking that apparently goes on in order to make, obtain, and sell this sort of “stuff” (there is no word that is ugly enough to fit here), I have always assumed there could be a network of people willing to help someone like L.S. escape to wherever he wants to go. It would make him much harder to track and capture, IMO.
Paying homage to your comments today.
Amy’s Sister says:
Yes, under normal circumstances that is how it would go. What makes this case so different??
vw says:
The MFH.
That’s what is left.
You don’t abate a suit because of the 5th. Or because you’ll come to close to finding out the answers you want.
T. Ruth says:
Yep, all along Mr. Horman insists this should remain about Kyron, and yet, all along both he and Desiree have been the ones to make sure it was about Terri.
MockingbirdSings says:
…it’s hard to join a movement that isn’t moving. How do you stand up for people who don’t agree there’s a problem when you need information from them in order to do it?
Malty says:
Well Logan Storm is off and running again
I always thought he could be the one
Kat says:
Logan Storm snipped off his ankle bracelet and is gone…manhunt underway. Like this wasn’t going to happen.
Ode says:
Logan is on the run again…WTH….this guy is a problem.
RedRose says:
I thought judges were smarter than that. Geez, he saw the guy skip out once; how hard is it to add 2 and 2?
Rose says:
Given prior absconding,
should’ve never had bail.
now it’s all about who’s helping him
FTLOG.
B
Blink seems to have a knack for picking out the cases that are *so* different, the ones that most likely will grow cold if she weren’t here and there weren’t people like TRuth, Kat, Malty, Rose, MBS, Ode, RedRose, Amy’s Sister, vw and everyone else that reads or posts here keeping these cases warm, or in this case, hot. This thread rarely slows down, it’s amazing. I love you all for that.
And erose
I would add beejay when she has her electronics, lol.
B