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
Kaine Horman, Kyron’s mom Desiree Young and her husband Tony Young were all called to testify Monday afternoon before a Multnomah County grand jury convened on the unsolved case. Kaine Horman and Desiree Young each confirmed separately to The Oregonian that they testified on Monday. The grand jury is expected to continue to hear testimony through the week.
http://www.oregonlive.com/portland/index.ssf/2010/08/hearing_set_on_kaine_hormans_m.html
Interesting that Maxine states she got a confirmation from Kaine & Desiree that they indeed testified before the GJ, but she does not mention that she got one from Tony Young.
And Tony Young was about to be deposed in the civil case when it was stopped. Is it possible that it is TY the DA does not want anyone hearing from. Hmmmmm?
Meisenheimer found there’s “substantial overlap of evidence” between the divorce case and the criminal inquiry and parallel proceedings could create a discovery nightmare. But he said he also had to balance Terri Horman’s constitutional rights with Kaine Horman’s right to a prompt resolution of custody, parenting, property and financial matters.
http://www.oregonlive.com/portland/index.ssf/2010/10/judge_delays_terri_and_kaine_h.html
It is amazing that Judge Meisenheimer stated that Kaine Horman had a right to a prompt resolution of custody, parenting, property and financial matters. And yet now that Terri wants to go forward with the property and financial matters, she has no right. I can’t wait to read Judge Kantor’s opinion.
Don’t know if this contributes anything new, but I happened to have lunch yesterday with a friend who works at OHSU building on the waterfront. There is a new huge building already is inadequate parking for employees. The building where she works has I think she said 3 levels of parking under the building, 2 for patients and one for employees so the vast majority pay some nearby restaurant or other business to park in their lot. When the new building is finished, that adds that many more people. She said the parking lots for employees up on the hill where the older portion of OHSU is (the other end of the tram) has a waiting list of 7 to 8 years to get a permit. they have a state of the art camera that takes pictures of license plates as cars enter the parking structures and if an employee is caught, the car is booted and a huge fine must be paid.. If Nike or Intel does buy the remaining parcel on the waterfront and put in a campus, I can’t imagine where they will accommodate these employees parking. of course they encourage public transportation but that is not feasible for lots of people. Maybe that promise of all those jobs wasn’t so very far off after all, but someone didn’t think it through.
@T Ruth 4/14/13 at 11:46 a.m.
Kaine’s best interest??? I agree and do not understand what is going on.
How can the divorce proceeding risk compromising the criminal investigation when there is no proof that a crime was committed at least up to this point other than a set-up MFH plot that ran blew up in LE’s face?
Who is working on find out who the SZ is, are there new leads? In MOO, that is the only criminal investigation that should be on-going.
How about a little more interest in finding Kyron and a little less about Kaine’ best interests.
I figured it out! The big secret that LE/DA confided to Kaine and Desiree, that they don’t want divulged!
They told them that they don’t have a shred of evidence against Terri. She was where she said she was that morning. The only way they can pin it on her is to force her to “confess” by turning her into a paris, isolating her from friends, making sure she is destitute, and take her little girl away.
Kaine has no desire for the divorce to go forward because he would have to relinquish at least some things, like money. At the moment he is in full possession of marital assets, income, retirement funds, and their little girls. He needn’t consult his spouse about disposing of these things or anything else. Why would he EVER want this divorce to proceed.
that was supposed to be “pariah” but helpful computer changed it to paris.
I understand the stay of the civil case vs GJ discovery, and I understand the probable (to me) suspension of original GJ until there is something new to present to the GJ which, to my knowledge, hasn’t completed its work. But it seems to me if there were a new GJ (the way the statutes are worded) with all new jurors, everyone would have to testify and present evidence again. I may be wrong, but it says there must be at least 5 jurors who have heard and seen everything in order to reach a decision and I personally don’t see how you could meet that requirement by reading a transcript.
I wonder if a GJ is discontinued for some reason other than completing their work and submitting a decision, would any agreements they made for immunity still hold? My guess would be yes, but are there assurances of that?
One would think that if there were a problem with the jurors dropping out for some reason so that the original GJ couldn’t finish the work, that change to a new GJ could be announced publicly. Or if the GJ has been suspended, it seems a judge could “reboot” and the work would continue as before and that wouldn’t be much of a surprise.
I’m just not sure why there should be anything secretive about the status of the GJ as far as letting the public (through the media) know what’s happening. If it’s a matter of keeping TH or others “in suspense”, I can’t believe all those attorneys are that much “in the dark” about the GJ getting together. I just don’t make much sense out of it.
I think originally we understood this on again off again GJ was an “investigative” GJ, a tool to document “evidence” under oath. Imo no one was asked to actually testify to whom the DA extended “immunity” except perhaps Sanchez.
My guess is Underhill has changed the nature of the “on again” GJ to seeking indictment.
imo the divorce proceeding only risks compromising the criminal investigation if Kaine insists on fighting a reasonable allocation of marital assets & a reasonable visitation plan. Bunch has indicated multiple times Ms Horman was not overreaching on marital assets & would begin with supervised visitation. At any point Kaine could settle the financial & custodial matters, and mother’s attorney publically at least has presented a low expectation threshhold. Since the risk to the criminal case is Kaine’s testimony, he is in the driver’s seat to preserve the criminal case without jeopardy. His stumbling block appears to be his determination to judicially sever mother’s parental rights and not disgorge a dime, imo.
from trench warfare (meaning a clean air mask is helpful in reading), the Judge’s Stay Order:
http://www.oregonlive.com/portland/index.ssf/2013/04/multnomah_county_judge_delays.html
” I read and have a copy of Judge Kantor’s Order “Regarding Stay.”
ONE sentence: “Consistent with this court’s Rulings in Young v. Horman, Case No. 1206-06956, and prior orders in this case, this case is stayed in its entirety through August 1, 2013.”
Dated April 8, 2013.
It is signed by Judge Kantor.
35 Minutes Ago ·”
2 months and he references the civil case and no memo?
There better be a rabbit in that hat. Jus sayin’
B
@grasshopper says:
April 14, 2013 at 8:34 pm
Hmmmm. You may be absolutely right, but if that were so, why would a judge abate the dissolution proceedings?
If Kaine’s testimony was “LE told me blah blah blah, but I have no idea what they actually have as evidence”. Where would that leave the proceedings? Would that force the judge to call upon LE to divulge their hand? Or would the judge just say okay, let’s’ get this dissolution over with.
I just can’t believe a Judge would make this decision, a heavy weighted decision regarding a child and her mother, without something more than Kaine Horman’s hearsay. God help us if that’s what he’s doing.
The landscaper showed up at Horman’s door June 26 wearing a hidden microphone to demand hush money. Undercover agents were nearby. But the plan backfired when Horman called police to report an emergency, according to KATU, telling the dispatcher a man at her door wanted $10,000.
KATU cited sources as saying that was the second call of the day. The first came minutes earlier to report that someone in a truck was threatening her.
http://abcnews.go.com/GMA/search-kyron-horman-complicated-apparent-botched-sting-step/story?id=11114051
*************
Hmmmmm, *someone* in a truck was threatening her just minutes BEFORE the sting?
Kaine maybe?
ONE sentence: “Consistent with this court’s Rulings in Young v. Horman, Case No. 1206-06956, and prior orders in this case, this case is stayed in its entirety through August 1, 2013.”
********
Seriously? That’s it? “And prior orders in THIS case, the divorce?”
Where was a prior order that said this divorce would be stayed in its entirety through August 1, 2013? All the prior stays were temporary and based on mutual agreement of the parties weren’t they?
I asked this before, and I’ll ask again. What is the significance of delaying both Desiree’s civil case and the Horman’s personal dissolution hearings to the same date? Is there some sort of hidden agenda behind this?
My understanding of the difference between stay and abatement is stay is ongoing and abatement has definite time period. that’s probably why the language “through august 1″. it can go on forever.
I believe kantor is not referring to things filed by attorneys but orders from DA who appears to be running both cases. Kantor should not be hearing a complicated divorce case but it appears that this was engineered because it’s easier to bully I mean suggest to one judge than two.
there is no reason in the world to stay this divorce. It has nothing to do with the civil suit or the hypothetical criminal case. It certainly doesn’t have anything to do with Kyron going missing. The DA should have no voice in this process. I can’t understand why this is happening unless they are following an agenda. What could Kaine possibly have to say that would ruin the investigation? What could they have told him that would make any difference in a divorce?
As a resident of Portland and of Multnomah County, a taxpayer, I have totally lost confidence in the agencies that are supposed to be policing the area and enforcing the law. I can imagine them laughing at at my naiveté, that I might think there should be accountability. Using a divorce to remove a little girl from her mother’s care MERELY to pressure a confession by someone that they can’t charge using evidence, is a travesty.
More than that there is case law on the books of persons that have been indicted who have been denied stays.
B
@TRuth.
re”Hmmmmm, *someone* in a truck was threatening her just minutes BEFORE the sting?”
I bet she thought it was
Kyron’s kidnapper & mcso
would ride in on a white horse
& nab him.
Far as the abate goes,
you can’t tell me Houze
doesn’t want this, too, as long
as a GJ is meeting. Personally imo
Kaine should settle. Twould all go
away except the financial
consequences of marriage if Terri
is indicted anyway. And, he’ll always have
those, so what’s the diff? Probably he worries
Kiara will remember Mama.
@blink, what does this mean in terms of precedent? Will it only affect divorces and how LE can interfere unofficially and take the side of one party at the expense of the other, or will it affect rights in other areas?
No earthly idea until this plays out.
B
So, can this case be “stayed” for eternity?
I guess Kantor’s opinion is no one can question me if I’m “consistent.”
And, no one appealed “this case”‘s abatements before. And they won’t now.
( And I agree. )
re Stays. I’ve been thinking MCSO etc gave Kaine info
they do not want revealed in depo.
Just realized Imo the info flowed the other direction: Kaine to LE, re de facto suspect.
Imo DA seeks to protect incriminatory statements of Kaine to mcso.
“What did you say to LE & when?”
Ahhh, maybe, but in hindsight, I think it was Kaine. Threatening her and leaving with the baby. (Remember her *I know you were angry when you left* text?) I also think this is the main reason Houze wanted this 911 call, as well as the December 911 call. JMO, but I think she had called 911 before for family disputes. (Also goes along with Desiree saying she wished she’d known how bad it had gotten there.) (Possible as well, that James’ depo divulged something along those lines.)
The media reported “someone”, but someone knows who that someone was. I suppose it’s possible that TMH actually called 911 to report that “someone” is threatening me, and “oh yeah, they’re in a truck”. But IDK, in hindsight, I’m thinking it may have gone more like this *My husband has threatened to kill me and he just took off in the truck with my daughter.* But….who knows?
Of course, I could change my mind tomorrow, if we ever get any real information.
@Rose says:
April 15, 2013 at 8:45 pm
Possible. He sure got those divorce documents together mighty fast, didn’t he?
O/T, but my thoughts and prayers go out to all Bostonians. This world, our world, is becoming more scary all the time. All this hatred, and disrespect for human life, all life, everywhere. Sigh.
I’ve been trying to figure out who in CA they could be interviewing if it’s in regard to Terri. A thought that came to me today, probably way off, but remember way long time ago when I said that I thought Terri looked a whole lot like DAD, and I wondered if perhaps he was her brother and they maybe had both been put up for adoption?
Just a thought. Maybe they’re interviewing Terri Horman’s bios?
I just keep thinking about Staton’s comment abou their being so many angles in this case, or whatever he said. Like I said, just a thought.
Kaine flies to Calif a couple of times a week to Intel headquarters. I believe it was in that area that he received his father of the year award. There was also a rumor from early on that he had a mistress down there named Phyllis. If inquires are going on in california, I bet it’s around Intel headquarters.
@TRuth, Kyron was supposed to go to CA for part of summer vacation.
I am now wondering how much Kaine said to LE that was incriminating of Terri prior to his “move out.”
And TRuth the 911 earlier that day could easily have been about him. But at that time Terri was still trying to
keep her conflicts with Kaine from the public. Seems things escalated & worsened after James left.
you know, in Desiree’s cause of action, & in a criminal trial, Plaintiff or DA putting on a divorce-seeking vindictive husband who wants parental rights terminated judicially, to testify to anything will be very problematic. As will a “spurned” yardworker whom she stiffed financially. Both have transparent vindictive motivation and will not be
credible. And Terri will have those 911 tapes then likely on both of them. There really must be objective evidence
somewhere wrt Terri over & above frustrated emails for this dog to hunt.
Wonder what the chances are that LE has their eye on Kaine and is letting him think he’s buttering them up with whatever he does or says.
I guess it’s already been thought of that Kyron was taken as a messagae to Kaine instead of Terri. How sad for little Kyron, the hatred that lived in that house and surrounded those children (all three of them).
Interesting concept about TMH and DAD being possibly related. He sure doesn’t look anything like his brother the photographer who was interviewed here on the news. Well, if you’re talking look-alikes – how about TMH and DAD….and DD?
@T. Ruth says:
April 15, 2013 at 9:54 pm
Didn’t Terri talk on facebook about a cousin in CA that was attacked because she was black?
June 25, 2010 (Day before the sting)
Kaine Horman: Vacation. We were actually supposed to be on vacation right now. We were really looking forward to going down and visiting some friends in California. We were going to be there for an extended period of time. A lot of the families down there have kids around his age that he knows so we were really excited about that.
http://scaredmonkeys.net/index.php?topic=8825.440;wap2
I thought he was due at Desiree’s for extended Summer visitation?
B
Tarver agreed with TH’s email wrt James. I am assuming Tarver spoke with James and not just TH. For the record, James spoke kindly of KH. Was James afraid to go public with the truth? Just say KH forced James out, what would be the motive? Financial? Something else?
snip>
“I had my son go to live with my parents so he would be happy – went from D’s to straight A’s within one month of being away from Kaine,” she wrote in an April 6 e-mail.
That’s consistent with what James’ father, Ron Tarver, told Willamette Week, adding the 16-year-old had been acting out and butting heads with his stepfather. But Kaine Horman told The Oregonian their relationship was typical and that Terri and her son were the ones who didn’t get along. Kaine said he was often the mitigator between the two of them.
But that’s not what Terri’s friend from 24-Hour Fitness, who testified before the grand jury Monday, said they heard. In the weeks before Kyron disappeared, that person said Terri was upset, telling the friend her husband forced her son to move out.
http://www.katu.com/news/local/100511654.html
@Blink. Kaine mentioned more than once the Hormans, including Kyron, would be visiting CA. Desiree mentioned a couple events with her, one was a houseboat rental iirc. She probably just had him a couple weeks in summer. Iirc one of Kaine’s Calif Intel friends is now on his BKH Board, the one who leads trips to breweries in Germany I think, at least I saw he had one advertised I think it was last year. .
thanked for tech support on BKH site
Listed as President of KHF in 2012
http://www.bizapedia.com/people/TODD-TANBER.html
Linkin places as Intel Mgr in Sacramento area (can’t copy link, not a member)
http://pilots-airmen.findthedata.org/m/l/647182/Tanber
couldn’t locate old trip mention (could be another CA Intel employee)
@Blink. what would be the reason Wagner would
not also depose James to preserve evidence
before he set off?
Do we know he did not?
B
“I thought he was due at Desiree’s for extended Summer visitation?
B”
Yes, but towards the 2nd half of the summer I believe.
Just as an aside, that does not reflect the standing order- but in Oregon they can agree without modifying the agreement as long as they do so mutually. It does not make it permanent though.
B
Lilacs says:
April 16, 2013 at 12:40 am
“Didn’t Terri talk on facebook about a cousin in CA that was attacked because she was black?”
Yes, Lilacs, a CA cousin was talked about – - – here is a link with a copy of the FB postings:
http://scaredmonkeys.net/index.php?topic=8263.0
If you look at Terri’s FB photos for prior summers, it appears the usual routine was that Kyron didn’t go stay with Desiree until after the 4th of July for the summer weeks. I seem to recall Kaine saying something to the effect that they would have Kyron the first part of the summer, and then Desiree the next half.
I believe the Shasta Houseboat vacation Desiree spoke of, when she mentioned taking the dog along, was planned for later in the summer.
You guys reminded me of something . . .
J had said in an August 2010 OLive article/interview that:
“she has a treadmill in her parents’ home but no cell phone or computer.”
http://www.oregonlive.com/portland/index.ssf/2010/08/terri_horman.html
fwiw, her mother communicated with her on Facebook as indicated on the ScaredMonkey’s link, so her mother had internet access with some device.
Also, fwiw, there was a FB account in J’s name. The same link shows TH posting to J’s FB wall.
re-post of link
http://scaredmonkeys.net/index.php?topic=8263.0
FYI went to the File Room yesterday. Judge Kantor’s ruling is not yet filed. proof that maxine has a pipeline of her own. she’s had it for several days.
Totally agree. You would think then that she could correct her statement that Kyron was last seen with his Stepmother, because she should know that is not accurate.
B
It is possible Wagner did.
But Desiree & Rosenthal
would’ve been present.
At that stage of the litigation,
Desiree remained talkative.
Beautiful view from this property. I wonder if they searched up here?
I guess they did, didn’t they do a certain mile radial search from the school in all directions? Are there lots of undeveloped lots like this one around there?
http://www.movoto.com/or/nw-ash-st-portland/491_12128310.htm
So how did the person who
posted the Order on OLive
comments see it?
Who gave it to several media
sites (kgw had a story) before
it became public info? It goes
first to Engel/Rackner, Bunch/House, &
DA from Judge’s chambers, doesn’t it?
Imo a law firm–or client–deliberately leaked
to team players.
grasshopper says:
April 16, 2013 at 10:53 am
“FYI went to the File Room yesterday. Judge Kantor’s ruling is not yet filed. proof that maxine has a pipeline of her own. she’s had it for several days.”
I guess the OLive poster who posted the ruling also saw it before you could locate it, grasshopper?
Blink says
Totally agree. You would think then that she could correct her statement that Kyron was last seen with his Stepmother, because she should know that is not accurate.
It appears to me the gives a sentence or two with new info then recycles her standard article that hasn’t changed much since june 2010.
Rose says:
April 16, 2013 at 2:02 pm
So how did the person who
posted the Order on OLive
comments see it?
Who gave it to several media
sites (kgw had a story) before
it became public info? It goes
first to Engel/Rackner, Bunch/House, &
DA from Judge’s chambers, doesn’t it?
Imo a law firm–or client–deliberately leaked
to team players.
I’m guessing Bunch didn’t give it to her!
Most likely Engel/Rackner though maybe Judge Kantor’s office
Why should DA get a copy before it is released to the public? They are not party to this action, even though they are calling the shots. Is it possible for anybody to get put on a list to get copies of rulings immediately? I realize that the normal rules don’t apply to DA, at least in this case but then why can’t any interested party get in on the party.
@TRuth. now is that broker/owner on the lot sale related to the same name Skyline teacher?
Or man of same name teaching at PCC where Kantor’s spouse teaches?
Kyron’s mother told Fox 12, “He was supposed to be in California on vacation with his dad visiting friends – swimming, BBQ’ing, playing mini-golf, going to the water slides, a possible trip to the races, visiting to Monterey, and watching fireworks/celebrating the 4th of July with everyone.”
http://www.examiner.com/article/in-depth-interview-with-kyron-horman-s-parents
In an interview with KH and DY that I cannot find, or has been deleted, there was a portion where KH discussed Kyron wanting to go live with DY. In that portion, it was discussed that he was to be spending 2 weeks with one parent and two weeks with the other parent alternately throughout the summer. KH also said that they (parents) tried not to call everyday while Kyron was at the other parent’s house. He spoke that they had just started doing that schedule (2 weeks here, 2 weeks there), because Kyron was old enough, and he was experiencing some normal separation anxiety (which KH later contradicted). If they *just* started doing that, I would assume that meant the prior summer. Take this as FWIW, since I cannot find link.
@Rose says:
April 16, 2013 at 3:15 pm
yes’m.
Where did we get the idea that Terri made the 911 call at the bus stop?
Has this just been a mis-interpretation or did Kaine say that, or Terri, or who? Because according to this MCSO tiny bit of timeline, the call was made only by the school, Ms. Hall, at 3:56 p.m. I’d assume that by that time, Terri & Kaine were already at the school.
http://www.mcso.us/public/newsroom/Kyron_PIO_timeline.pdf
T. Ruth says:
April 17, 2013 at 11:14 am
Where did we get the idea that Terri made the 911 call at the bus stop?
It’s my understanding from various early articles that the call was made at the bus, using the bus drivers phone to speak to the secretary and asked the secretary to call 911 since neither Terri or Kaine had their phones with them
@TRuth, Depends on where you read, but this is the earliest version I have found (KH’s Intel memo) stating they notified police in partnership with the school. Whatever in partnership means. The school called, or they called and the school called.
snip>
06-06-10
We did not know he was not at school until we went to get him off of the bus at 3:30 and he was nowhere to be found. The bus driver immediately called the school which responded that his teacher had not seen him all day in class, at which point we notified police in partnership with the school.
http://webcache.googleusercontent.com/search?q=cache:97yRBl1GtUMJ:scaredmonkeys.net/index.php%3Ftopic%3D8358.880%3Bwap2+kyron+horman+%2B+kaine+horman+%2B+simultneously+notified+police&cd=5&hl=en&ct=clnk&gl=us
Reports like this makes me wonder if KH really went to meet the bus. We have heard his account of putting on Kiara’s socks and shoes and they all went to the bus, but TH has not spoke, so we have only KH’s version. The bus driver would know.
I wish someone like the bus driver would break their silence. You would think after almost 3 years, someone would be compelled to talk and set the record straight. All we have are media reports and we are left with maybe KH was there, maybe he was not.
snip>
Like any other weekday, Terri went to meet the school bus at 3:30.
Kyron’s teacher had reported him absent, but the school had apparently not alerted his parents. It wasn’t until she went to pick him up from the school bus that Terri realized that Kyron had not been at school all day. Sixteen minutes later, a school secretary called 911.
http://www.trutv.com/library/crime/criminal_mind/forensics/missing-kyron-horman/missing.html
That doesn’t jive with info from MCSO, because of the timing. The bus, IIRC, arrives at the Sheltered Nook stop somewhere around 3:30-3:35. Kaine & Terri are only something like 5-10 minute drive from the school, so they would have been already at the school if the 911 call didn’t come through until 3:56. I wonder where this other information about Terri calling 911 from the stop came from. Hmmmmm?