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.
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If all Bunch has to discredit Rudy
is he goes by a nickname,
Bunch’s rebuttal of Rudy is a hot mess. .
Agreed, but it hasn’t been litigated Rose. No charges, no problem, as far as I can see.
B
Do the police often offer $1,000 reward in search for an SO who violates parole?
http://www.oregonlive.com/portland/index.ssf/2013/03/police_offer_1000_reward_for_i_1.html
Police say a 50-year-old convicted sex offender failed to check in with his probation officer and register as a sex offender following his release from prison in January.
Lawrence David Hendon on is wanted on a felony parole violation warrant issued by the Oregon State Parole Board for an original charge of first degree sex abuse.
Hendon is five feet nine inches tall, weighs 160 pounds, with graying brown hair and hazel-colored eyes.
Hendon is known to frequent North Portland. A reward of up to $1,000 is being offered for information leading to Herndon’s arrest.
(snipped)
One of the reasons I’m having trouble getting off this dang wheel is if TMH’s legal (in the summer of 2010) really, really wanted to subpeona RS to interview him they could have done so . . . but imo, they really didn’t want to.
That was not a submission for argument of anything though, not at all. It was only offered in the context of the RO. The bigger question should be who dd have access to him then?
B
Good question, because I thought from the time she made that desperate plea that the Moulton’s should put up 350K to find Kyron since they could afford the same amount for TH’s defense, or something like that, where the heck is TY? The general consensus from some posters here, iirc was that it would be unprofessional for him to be involved, and that may be true.
My point back then and still is that a man of integrity would say career be damned, I am going to support my wife whatever the cost. If I saw that he made a poor choice, imo, then I wonder if DY saw the same. I would imagine for reasons other than I described the strain on that relationship, on the entire family is enormous, and the depression must run severely deep.
vw says:
March 3, 2013 at 11:48 pm
snip>
Might have missed discussions of these.
But wondering if DY and TY are estranged?
“The teacher thought I said I was going to take Kyron with Kitty for a doctor’s appt.,” she wrote on June 5, 2010. “I said I was going to look at other exhibits – how do you mess that up?
Blink,
Where in the school did this alleged exchange take place?
Thank you.
Gym, the day before when the exhibits were brought to the school.
B
Though LE & Kaine have not alleged Terri had porn, how would it differ from Chief Judge of 9th Circuit (Oregon) getting caught trading it?
http://touch.latimes.com/#section/-1/article/p2p-44896091/
“The sexually explicit material on Kozinski’s site earlier this week was extensive, including images of masturbation, public sex and contortionist sex. There was a slide show striptease featuring a transsexual, and a folder that contained a series of photos of women’s crotches as seen through snug fitting clothing or underwear. There were also themes of defecation and urination, though they are not presented in a sexual context.”
http://abovethelaw.com/2012/12/messing-with-chief-judge-kozinski/
@erose
What if Kyron is still alive? What if someone has him, but no one knows who or where. If Terri were to rat on someone she was selling drugs for, wouldn’t it be possible that they might kill Kyron and/or go after Kiara?
Is it possible the dead guy (Trejo-Richarte) found up where LE had previously searched for Kyron (Rocky Point, I believe), was left there as a warning to Terri.
IDK, I probably watch too much tv.
Snark aside, I think the questions for me are if RS/aka purposely used the variants of his Latin name screwed up by an Anglo name system, or if he intentionally used this to his advantage, or, if he is entirely a different person, as we have speculated; undercover DEA, small potatoes town snitch, fed snitch, drug cartel soldier, or just landscaper that services lonely housewives on the side.
If there were a way to gives us that lien holder’s name, or occupation, in a sort of rubik’s cube reply…(uh oh, snark might be on again, apology). Can anyone even find RS/aka, or did the *real* RS “please stand up” for the GJ, and say I’ve never met this woman and I don’t know who was at the cop shop pretending to be me?
Or, when LE/DA bought into his story on the MFH and had him testify at the GJ, did he get some sort of immunity (that DDS never got) and now the bad guy is some kind of untouchable?
Where are those “TH helpers by the truck that DY references? Where are their descriptions? I ask because in the civil suit, DDS was front and center. Where was the subpoena for RS/aka? If DY believes that TH had help, why not subpoena her helpers?
I know. Then the scenarios go off in another direction. Drives me crazy.
T. Ruth says:
March 4, 2013 at 7:52 pm
@erose
snip>
What if Kyron is still alive?
erose says:
March 4, 2013 at 8:01 pm
“Where are those “TH helpers by the truck that DY references? Where are their descriptions? I ask because in the civil suit, DDS was front and center. Where was the subpoena for RS/aka? If DY believes that TH had help, why not subpoena her helpers?”
*************
Very good questions, as usual, erose.
Wow, MIL in the other room is watching Inside Edition and none other than Model Mayhem came up, I guess there are some girls missing from CO that had been involved with Model Mayhem. Creepy that we were just discussing it here the other day.
I am familiar with that link being common in over 15 cases to date. The Co cases are not connected to each other, but it is definitely the craigs list of modeling calls.
B
@Rose says:
March 4, 2013 at 7:48 pm
more from your link:
Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, acknowledged in an interview with The Times that he had posted the materials, which included a photo of naked women on all fours painted to look like cows and a video of a half-dressed man cavorting with a sexually aroused farm animal. Some of the material was inappropriate, he conceded, although he defended other sexually explicit content as “funny.”
Kozinski, 57, said that he thought the site was for his private storage and that he was not aware the images could be seen by the public, although he also said he had shared some material on the site with friends. After the interview Tuesday evening, he blocked public access to the site.
Asked whether the contents of his site should force him to step aside from the pending obscenity trial, Kozinski declined to comment. Opening statements in the trial are scheduled for this morning. In the case, Ira Isaacs, a filmmaker based in Los Angeles, is accused of distributing criminally obscene sexual-fetish videos depicting bestiality and defecation.
(snipped)
http://www.latimes.com/news/local/la-me-kozinski12-2008jun12,0,6220192.story
So, I gotta ask, does anyone else think that perhaps this judge was hand-picked to preside over this case? Good grief.
You know what, I think I know why I think that Terri Horman may very well be innocent. Because after almost 3 years she has not been indicted by the GJ. Everyone knows the old saying that a GJ will indict on a ham sandwich. Well, maybe not always, but often.
What does the GJ know that we do not? Well, if LE has done their job, plenty. The GJ knows all about a Dr. apptmt., if there was one and when. The GJ knows exactly what Porter says happened, and Keefer who both testified before them. The GJ knows what Kaine Horman has said, and Desiree & Tony. The GJ heard from one of Kyron’s buddies as well. The GJ also knows things from experts about the alleged SI cell pings, etc. The GJ also heard from the landscaper in re: to the MFH. The GJ knows what the employees at the gym had to say. Did Mike Cook testify before the GJ? that I don’t recall. The GJ even heard testimony from the cop staying with the Hormans.
And still no indictment….why not? Is it possible that LE is NOT looking at TMH, but someone else in the family?
Very weird.
I don’t necessarily think there was any criminal activity on her part, which goes to my point, I think, if there were, she would most likely confess in order to move Kyron’s case along, and to see her daughter. It makes no sense not to give up information, unless extreme circumstance exist, or if there is no information to give up in the first place.
Rose says:
March 4, 2013 at 6:31 pm
@erose. No criminal activity has been
alleged by any source (including Kaine in his RO filing)
except solicitation of mfh. Don’t you think if they’d found porn
in her computer, or dogs sniffed drugs as having been in either car,
that would’ve been in the RO as well, “probable cause” or not.
“That was not a submission for argument of anything though, not at all. It was only offered in the context of the RO. The bigger question should be who dd have access to him then?”
B
Blink, I never have thought of it as a submission for argument, but more like a whining facade of sorts.
Fact still remains that THM’s legal DID NOT serve a subpeona on RS to interview. They had access to him, Blink. I recall you saying at that time that you had no trouble locating RS, so this “alias” stuff and the “can’t serve RS because LE won’t supply contact info” stuff by the respondent is just nonsensical on their part considering the seriousness of the matters at hand in the summer of 2010, imo.
ps
Thank you, Blink, for the gym location and June 3 re the exchange TMH refers to in the email dated June 5.
It would be incorrect to say they had access to him wpg. Here’s why- Houze KNOWS (and we dont know exactly how much or to what extent) that his client was the subject of a grand jury investigation and that RS testified. Although the plaintiff clearly (with help from the state) crossed the boundary of civil v criminal, as a sworn officer of the court and also TMH retained criminal attorney, Houze is precluded from seeking to subpoena RS outside of the scope to which he was offered as a witness in the civil matter (divorce). And in no filing I have seen has Kaine listed him as a witness. This is a problem. Thus Bunch’s arguments past present and future. Rackner is obligated to provide support for any allegations made and subject to oral argument in the divorce proceedings, period.
NOTE: NO MENTION OF THE MFH whatsoever in the last hearing. That sounds like there are now 2 confirmations there is info leading away from TMH is in this case. First is the stay of the Desiree tort action by “the state”, who in her own words Desiree stated is because the new prosecutor is going to “do something”. Keep in mind Ms. Young’s reaction commentary has changed a few times since this occurred, her lawyer has never uttered a syllable and it differs from Staton’s comments as well. (wth already?)
The second is that TMH wants to proceed with the divorce case and has literally objected to the state participating at all, not just sans a motion to intervene which btw would have been required in the tort case ( still why I believe the tort is on a stay based on a stip by all parties).
Was he even offered as a witness in the civil matter, hell to the no. Rackner simply referenced him in context of texts that have been provided by LE. But that was not all. The very basis of the RO hangs on the statement that he was hired or attempted to be hired to off Kaine. The continuation of the RO in June was again, based on statements from LE.
The “ongoing investigation” blanket if you will, is actually not intended to be a blanket LE gets to hide under.
The MCSO has a DUTY to provide transparent reporting to the public, period. While I am in favor of keeping case sensitive information away from the public, if LE CHOOSES, and I mean to emphasize CHOOSES to provide that to a party in support of a civil matter, it should absolutely be subject to FAPA or any public records requests, and if not LE must be sworn before the court based on a valid subpoena for same, and have to address the scope of the investigative reason and outcome that it is ok to release to one single party, under veil really, and not be subject to public scrutiny under Oregon law.
They cannot have this both ways, and I am telling you that Kantor should be smart here and recuse. If he does not, and rules for a stay and seals, Houze is going to request he does and he will be successful.
We are getting dangerously close to this becoming a civil liberties issue and I have had a few conversations over the last few days that lead me to believe some folks in positions to do something about it have been contacted.
If the state could actually build a case against this woman, hell, if they could confirm that their was an actual crime committed and where that took place, I might say that the tri-ply turnicut they applied to the neck of TMH (metaphorically) since June 2010 was effective.
I found it utterly unconscionable that at no point has Rackner requested a GAL. I will give a pass that it may be too late to ask for one for Kyron, and certainly TMH would have no standing in that regard, but wouldn’t Rackner’s pleadings and knowledge require her to advise her client accordingly?
Again, I say, where is CFS in all of this? We know the situation, we have a missing child, and O yeah, 911 calls coming from the home previous to and following the disappearance. WTH is going on in Multnomah County that is seemingly justified in the eyes of Kyron Horman’s parents?
This is never going to stop making me very angry, unfortunately, I can tell.
B
Best thing I’ve read all day! What if Kyron is alive?
Yes, let’s hope. . . .
By the way — did anyone ever (LE) look at Kaine’s computer to see what kind of naughtiness he had on it or on a thumbstick?
By the way. Stenson. Landscaper at school
Rudy or AS-S or whoever else …Landscaper.
Wonder if they knew each other — you know, compared notes on “ingredients” …; wonder if Stenson knew TMH very well because she was volunteering at the school before Kyron got lost.
Regarding delivery to and from of drugs like steroids (body-builder stuff/diet stuff, since she wasn’t skinny enough for KH), would LE be MORE interested in that than in the kind of drugs people smoke or shoot?
Does anyone else think that KH got the attention deflected away from himself as soon as he was able to convince LE that maybe TMH was the person who did all of The Bad Stuff. And so they just didn’t bother looking at him too closely?
@erose says: March 4, 2013 at 10:10 pm
@T. Ruth says:March 4, 2013 at 7:52 pm
@erose snip> What if Kyron is still alive?
Rose and Blink;
On the request for BESC phone calls, Houze’s assistant writes Rudolfo Sanchez Estrada.
The other guy is his brother, I have heard. Which might explain the name changes.
What was his full name?
@erose & Blink
So Bunch by getting “alias” into the record was merely pointing out
he lacked the proper legal spelling of Rudy’s full name,
and it was not a complaint about identification?
Discrediting. I have only stated he has some SS# issues that I am aware of. Technically speaking, Rudy is an alias of Rodolfo- alias within the legal community for serving purposes is really the same as a/k/a.
B
I am not in a position to discuss Mr. Sanchez’s alias permutations publicly, sorry.
B
Yes, wpg…one can subpoena all you want. But if LE says that they will thwart that subpoena they have the legal right to do that. Of course they wanted to…even back in 2010. Houze said so. LE would not let them.
And you can betcha they won’t be able to get much out of Kaine, even now. LE will be there for every step.
Rudy….bet they’ll never get to talk to him. Or anyone else LE states is part of the “investigation”.
FAPA rules in general have to change to accomodate situations like this or anyone who has LE on their side for any reason can take and keep a child of the parent who is deprived of the child with only heresay evidence.
wpg says:
March 4, 2013 at 7:14 pm
One of the reasons I’m having trouble getting off this dang wheel is if TMH’s legal (in the summer of 2010) really, really wanted to subpeona RS to interview him they could have done so . . . but imo, they really didn’t want to.
That was not a submission for argument of anything though, not at all. It was only offered in the context of the RO. The bigger question should be who dd have access to him then?
B
@vw, MOO = my opinion only.
@Rose, Understand your porn analogy with the judge. You all want to see who is driving the bus we are all on? The more stars, the worse the offenses. Just click on a name. It’s disgusting.
http://www.lawlessamerica.com/index.php?option=com_mtree&task=advsearch2&search_id=59&Itemid=100
481 judges
http://www.lawlessamerica.com/index.php?option=com_mtree&task=advsearch2&search_id=73&Itemid=100&limitstart=360
1/2 way down page, a reminder of the previous work of erose, beejay, & others.
Rodolfo Estrada, with Jaime Estrada & Ubaldo Sanchez
http://www.peoplefinders.com/d/Osualdo+Estrada/1-1029443193
It seems in Canby, Estradas are a dime a dozen, or 4 dozen.
Blink, how long does it take to arrange for someone wearing a wire to carry out an LE led sting? doesn’t it require some kind of authorization? also the RO. clearly the sting was expected to provide evidence for the RO. Even though it didn’t they went ahead with the RO on monday when divorce papers were filed. Would the RO need to be reviewed by a judge before being filed Monday morning? What I’m getting at is how many days of the previous week (second week after kyron went missing) was Kaine, Rackner and LE working on this. At this time Kaine was still living with and publicly supporting Terri even though apparently in fear for his life.
Do we know if Rudy was actually given some kind of immunity by GJ or if there was no evidence to support MFH charges?
A probable cause warrant was granted to execute the sting. Outside of the fact that we know who was involved and that it was a hot mess, nothing else has been released publicly.
B
erose says:
March 4, 2013 at 1:39 pm
Or Rodolfo Estrada Sanchez aka Rodolfo Sanchez Estrada aka Rodolfo Estrada aka Rodolfo Sanchez aka Rudy Sanchez aka Rudy Estrada aka Rudy Sanchez Estrada aka Rudy Estrada Sanchez aka Rudolfo….
~~~
glad to see erose is still on top of things … lol
It seems to me this divorce cannot proceed if the Judge does not require “accusations” impacting custody to be made part of the judicial record subject to cross and impeachment. It is like a Justice taking judicial notice of voting statistics and history in Mass if that was not made part of the judicial record at any appellate or trial level. It’s a no go for the written opinion. So Kaine can get on the stand and state his belief Terri took Kyron and Terri ordered a mfh, but without sworn evidence or corroboration of any kind, subject to cross, what weight would a stable judge in a high conflict divorce give that allegation from any divorcing plaintiff?
re “in the context of the RO. The bigger question should be who did have access to him then?”
The Grand Jury. The DA who presented him to the Grand Jury & gave limited use immunity.
MCSO or FBI who initially investigated him when Terri pointed to him out of the starting gate .
and in part due to 911s. (imo Bunch wanted those to demonstrate Terri felt threatened by him over time,
and/or to show a prior attack on Kaine in 12/09.
Rackner might have had access to him because she relied on his evidence.
it would be interesting some day for someone to do a exposee on the Multomah County cronies and their state buddies that show a flagrant disregard for individuals constitutional rights in order further their political careers. i hope i never have to have any legal dealings with that group.
and BTW where is Kyron
I just read Blink’s analysis, the tippy top of all of it being to essence:
” Houze is precluded from seeking to subpoena RS outside of the scope to which he was offered as a witness in the civil matter (divorce). And in no filing I have seen has Kaine listed him as a witness. ”
Well, hot cakes: what high conflict divorce plaintiff will not list the primary witness precipitating the divorce
the witness who was the adulterous corresponent, with allegedly objective evidence to corroborate?
A Cook-style set- up?
imo based on his reversals, and his Constitutional educational at the same site & era as Meisenheimer, I expect
Kantor to be anti-smart & not recuse; the reason someone, somewhere, got him these 2 gigs,! & Rackner chose Meisenheimer, of the same schoo, imo, originally.
I meant Blink’s last anslysis covers
much essence imo & thanking her for it
re Blink on Where is CPS in this missing child’s cloud?
After all, CPS got into Celis case.
Ordinarily CPS would get in where a kid disappeared under parental supervision.
The problem here is Kyron disappeared in school care.
imo a CPS investigation would only substantiate Kyron disappeared
in Gov ‘t’s care (pps) and no arms of gov’t (pps, mcso, da, dhs) want that corroboration.
ok, you bring up an even better point. What is the obligation of CPS ( for other readers their are several permutations of this acronym all meaning division of child welfare services in some way, dependent upon the jurisdiction) in this regard then?
What are there findings?
B
erose says:
September 6, 2012 at 9:07 pm
snip>
I went to high school with a kid named Burgess Hanson. He came from money and had some self-esteem issues, so as soon as he turned 18 he changed his name to Logan Storm.
My friend and I then made a comic strip about a poor kid named Loogie Sternum who changed his name to Bourgeois Handsome.
http://www.soulstrut.com/index.php/forums/viewthread/48476/P40/#687561
http://blinkoncrime.com/2012/06/11/kyron-horman-missing-case-breaking-news-remains-believed-to-be-human-located-off-sauvie-island/comment-page-46/
**********
Well I wonder what name Mr. Storm/Hansen is using now, another comic strip character perhaps?
Anyway, when I first read this, I was more interested in the self-esteem comments. But now, I’m more interested in *”he came from money”* comment, and who in the heck is helping him? So far, we know for sure his Dad helped him the first time, and as far as I’m concerned the judge who didn’t think he was a flight risk helped him, and should be looked at as well. Who is helping him now? If Logan was in the truck they’re still looking for, who was driving the Jetta? Are there possibly two *wanted* people on the run together? Or was each vehicle driven an opposite direction to mislead authorities? Hmmmm?
Re: the divorce
I know I asked this before, but is their some reason that the individual divorcing parties cannot be heard before a judge in his/her chambers separately, with all information kept under seal (unless charges are actually someday filed in the Kyron Horman case, against either party) and then the judge make a decision? IOW, Kaine/Rackner go in and say their pieces and the judge asks them whatever questions he/she needs in order to go forward with the divorce matters, and then Terri/Bunch do the same. Repeating said scenario as often as is necessary to reach a decision? The judge then, of course, would have to recuse from any further matters in Desiree’s civil trial, but anyway, why could this not be done?
posted for reference
(snipped from article dated October 7 2010)
(“He’s” refers to Bunch):
“He’s tried to serve the landscaper, Rudy Sanchez with subpoena for deposition, but prosecutors wouldn’t give him contact information because of the “ongoing investigation.” Bunch said Terri called 911 when Sanchez showed up at her house wired “trying to talk to about something”. He also said Rudy Sanchez is an AKA (alias).”
http://www.katu.com/news/local/104507829.html
____
*
vw says:
March 5, 2013 at 12:01 am
“Yes, wpg…one can subpoena all you want. But if LE says that they will thwart that subpoena they have the legal right to do that. Of course they wanted to…even back in 2010. Houze said so. LE would not let them.”
**
vw, I have not read anything to substantiate that LE “completely prevented” Bunch from successfully serving RS in the summer of 2010 for deposition, only that LE would not, according to Bunch, supply contact info for for RS. I would think TMH’s legal had/has their own investigator to seek out contact location(s).
btw, KH was originally granted an emergency ex-parte 30-day TRO on June 28, 2010.
imo, the Judge acted correctly and accordingly to whatever information was presented to him at the time to grant an emergency ex-parte TRO to Kaine AND THE CHILDREN.
If LE informed me they had probable cause to believe my partner attempted to solicit someone to kill me, I would (through the shock of it all) apply for and hope to god I would be granted an emergency ex-parte order to keep my partner away.
____
*
Blink replies:
March 4, 2013 at 11:35 pm
(respectfully snipped)
” . . . Houze is precluded from seeking to subpoena RS outside of the scope to which he was offered as a witness in the civil matter (divorce). And in no filing I have seen has Kaine listed him as a witness.”
**
Blink, when did KH file a witness list? I’d appreciate if you could expand a bit on this.
Thank you, as always.
ps
In Oregon, once a person completes their testimony to a Grand Jury is it true they are free to speak? eg. Andrea from gym, encounter with TMH at FM’s#2
He would have only had to in prep for a trial if it got that far. That was the point of the stay.. it could not if it would not be provided to him/them. Keep in mind, it is NOT TMH burden to incur investigative costs to defend a meritless allegation. The burden rests solely with the plaintiff in that regard. They made an allegation, Bunch attempted discovery as appropriate. That is fact.
As i said before, do not be shocked if at the end of this TMH sues MCSO for custodial interference. They may have a great deal of sovereign immunity, but none when it comes to gross negligence. The chose to get involved in the personal matter (civil). They chose to utilize Kaine in some fashion (covert) regarding information he now has that they don’t want Terri to know.
Regardless of what anyone thinks of her guilt, complicity or innocence, I have yet to speak to one LEA or family counsel who thinks that was a remotely good idea.
I never thought I would live to hear myself say this, but Kathy Belich needs to move to Oregon and cover this case, lol.
Technically while they are cautioned not to, they can discuss ONLY their testimony and nothing else.
B
To my knowledge CPS will not investigate without a request or evidence of neglect or abuse brought to their attention by a concerned party whether it be a teacher, doctor’s office, cashier in a store, or family member.
I absolutely agree that the Horman household, then and now, should have been investigated for Kiara’s benefit but it appears a request for that was never made by anyone. I do not believe CPS can investigate an entire school however they could possibly add to an investigation of a specific teacher/teachers against a specific student in an effort to protect said student.
Are there any concerned parties regarding Kaine’s upbringing of Kiara? I doesn’t appear to be so since no request has been made.
http://www.oregon.gov/dhs/children/pages/abuse/cps/main.aspx
Both Kyron’s parents think she either killed him, hid him, or had someone else do both or either- how is that not considered potential abuse?
b
_______
On the other hand a GAL will investigate the best placement of a child whether abuse has occured or not. A GAL can be requested by a parent or a judge. At this time it appears GAL services would be more appropriate since no concerns about abuse or neglect exist.
UNLESS Kaine had concerns of abuse against Kyron or Kiara by Terri, then he could contact CPS for an investigation but since he has custody he may not feel this would be necessary or even valid.
MOO, why is KH so cozy with LE?
Two plus years later, same ol’, same ol’. Glad to “see” an old face. Now tell me, after all this time, what do you think happened?
puzzled says:
March 5, 2013 at 1:17 pm
To be clear, my last comment of same ol’ was in reference to myself and the RS/aka. So many people have brought so much valuable information to this site, and of course Blink’s input has kept Kyron’s case alive, IMO.
Isn’t it true that TH & team never fought the TRO which is why as you say the judge did the right thing? It was the only thing he could do. Isn’t that where the civil v criminal problems/overlap started? If the witness to the main event (MFH) cannot be served, then how can she begin to prove the RO is not necessary?
wpg says:
March 5, 2013 at 3:18 pm
btw, KH was originally granted an emergency ex-parte 30-day TRO on June 28, 2010.
imo, the Judge acted correctly and accordingly to whatever information was presented to him at the time to grant an emergency ex-parte TRO to Kaine AND THE CHILDREN.
If I understand this correctly (and I may be all wet), Bunch/Houze could not contest the RO….because it is based on information held by LE was not going to divulge that information or let it be divulged, via Kaine Horman or anyone else, and Terri’s legal team knew that. Which, and again I may be wrong, (this is a learning site right?) that is why Bunch came back with the partial settlement (of assets and vistitation) with other issues such as custody to be visited after Kyron’s case was solved. Which at the time, 2 years seemed a plenty.
Do I have that right?
@TRuth, That’s what I’m trying to figure out. When they went after her with the TRO, why didn’t they contest it and place the burden on KH & LE to provide information wrt Kyron’s disappearance and the MFH? Was that a legal error on her part? I remember thinking back then if she didn’t contest it, then she has *something* (not sure what) to hide. It furthered negative public opinion.
snooping around OR CPS statute, regs, & policies,
under Attorney, it’s clear why LE (via Desiree) had to wait til James was 18.
And how fast they depo’d him then.
http://www.dhs.state.or.us/policy/childwelfare/manual_1/i-a42.pdf
I guess they did not want to subject her to testimony in a civil case that could place her on the record in the criminal case, but couldn’t her deposition basically say that she did not take Kyron, she did not hire anyone to take Kyron and she did not hire anyone to kill KH. She would not have to respond to or be subjected to further questioning other than his allegations, right?
Part of what is keeping her “under the cloud” so to speak is she and her team have never gone on record to dispute the bio’s allegations. LE has never formally accused her, though her own lawyers concede she is a suspect. That comes from somewhere. I get that she is not running a PR campaign, and this silence is a legal strategy, but why no just a word from her that she claims innocence?
The closest i have heard is Houze calling the investigation of her a witch hunt. Goody Horman remains unaccused officially as we know.
It comes from the fact that LE told her she was a liar, that she would be arrested for what happened to Kyron and then went to her husband behind her back and set her landscaper slash hitman to her door for her to call 911 in a panic, twice.
B
erose says:
March 5, 2013 at 4:11 pm
“Isn’t it true that TH & team never fought the TRO which is why as you say the judge did the right thing?”
No, erose, that is not what I meant. I’m referring to the event on June 28, 2010 – - – the ex-parte court hearing and granting of the original Temporary Restraining Order.
Like many other males and females with fear for their safety and their children’s safety because of the actions of another, upon application by KH for a TRO, an emergency hearing without the “another” present was held and the judge granted the TRO ex-parte. That tells me the judge recognized the matter to be urgent and was satisfied with whatever information he had in order to make that time-sensitive decision.
Just to add, imo, this wasn’t a case where you might hear it said of a victim “They were in the *process of* getting a restraining order”.
In other words, in KH’s case, the court did not say upon receiving and reviewing his June 28 application, “We’re setting this future date where both parties appear to be heard at the same time before ANY decision to grant a restraining order”.
KH was granted an emergency hearing which resulted in the granting of a TRO, and the other party (TMH) was served immediately with the TRO and a scheduled, future court date/hearing to be heard.
@erose. He’d just testify “LE told me there was probable cause to…”
The Judge already accepted that testimony & found it credible without
requiring a supportive affidavit from the Detective so
informing Kaine. Sure she could take the stand to rebut with
“Not I.” Who’s the Judge already found credible? Same end result.
Without LE under oath, the certified transcript of her own calls to LE etc, she has nothing to
break the RO.
UH! BLINK,,,,,
is this???
http://pdxmugshots.com/mug/rodolfo-jurado-sanchez
Sorry but I’m a bit speech/typless at the moment
Not “the” RS
B
I gotta tell ya….I feel so sad for this little guy. I’m also dizzy from my head spinning with all we don’t understand about this case.
You’re right. Noticed my writing pattern started with “Isn’t it true…” Too much trial watching. Yes, I agree the judge did the right thing, until there was time to sort it out, but TH never put up a defense for the RO. What’s a judge to do?
wpg says:
March 5, 2013 at 6:47 pm
erose says:
March 5, 2013 at 4:11 pm
“Isn’t it true that TH & team never fought the TRO which is why as you say the judge did the right thing?”
No, erose, that is not what I meant. I’m referring to the event on June 28, 2010 – – – the ex-parte court hearing and granting of the original Temporary Restraining Order.
@Rose, And I’m sure the judge had a few off the record conversations. (That case probably was the hot topic for the entire OR judicary at the time) I agree she was up against the wall. I’m saying for the sake public opinion, and putting her position on the record, I wonder if it was an error not to fight. Agree, the outcome would be the same. Just might have changed a few insignificant (to her case) minds.