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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From the BKH site, a run scheduled for June 1. Different location.
http://www.runforkyron.com/
Appears to me Kaine doesn’t expect anything to happen by August 1 either. Car show scheduled for August 4:
http://www.bringkyronhome.org/events/kyron-s-car-show/
I don’t know why, but this just sort of creeps me out.
Desiree continues to collect donations because she wants the money, pure and simple. it is possible the suit will re-activated in August but even if not, she will happily content to collect donations.
Wonder if Banner Travel would be able to work up a nice little itinerary for a 7 year old and adult to travel out of the country or at least a distant state.
Wouldn’t surprise me i f the man who got shot while in a ditch after a chase knew something about something uncomfortable to OSP. How dangerously combative could he have been after crashing into the ditch. Gee whiz, bet that internal investigation will conclude there was no wrongdoing.
Officer involved shootings have plagued the area, iirc, not just Portland PD
B
I’m sitting here this morning and started thinking about Kyron witnessing something. IDK what, but what if he did witness something. Terri explaining that he’d walk into the room and just stare….like he was going to say something, but was too scared.
What if Kyron witnessed something that happened at school, or on the school bus, or at a friends house and wanted to tell his parents, but was afraid he’d get in trouble because he told. What if Kyron may have witnessed another child being molested? Or maybe a drug deal going down at school? Maybe Kyron was taken out of that school by whomever he may have witnessed? Maybe it has nothing at all to do with Terri or Kaine or any other family member. Maybe it has everything to do with something that had been going on at school. I thought Kyron’s alleged behavior may have been because he had been molested, but maybe not, maybe he saw someone else being molested and the perp knew he saw the crime.
Then again, maybe he DID tell someone. Maybe he told Terri and maybe Terri held this information over someone’s head for money instead of going to the authorities. (50% chance of arrest?) Maybe then, this person got tired of being blackmailed and took Kyron and told Terri to STFU or he’d kill him.
Ahhh, I watch too much TV.
DY and KH are raising money in a quest to find their missing little boy and to raise awareness for him. Their fundraising is FOR KYRON.
I had a flashback, though, to over 2 years ago where the Scared Monkeys site was discussing a personal blog or FB page that someone set up with an attempt to bring in money (via PayPal?) for her or him self’s own personal use allegedly to pay their home rent or utilities or something like that. IF true, how absolutely horrid that someone would attempt to make money off of a missing child for personal financial gain rather than the benefit being FOR the missing child, Kyron. Sadly, their ARE those who take advantage of tragic situations for personal financial gain . . . such was seen with one of the little victims from Newtown where someone unrelated perpetrated a fund-raising scam. Shameful, unconscionable.
ps
The Wall of Hope is a beautiful thing.
Warm thoughts to Kyron and his loved ones.
I looked at Guidestar for owner of the previous (Kaine does more than 1 car show)
car show’s 1099 & how that “Board” qualified as a charitable nonprofit
is utterly beyond me.
T. Ruth says:
May 5, 2013 at 2:22 pm
Appears to me Kaine doesn’t expect anything to happen by August 1 either. Car show scheduled for August 4:
Kaine has said that when Kyron returns, he will help with the Awareness campaign to help other missing children, so Kaine isn’t assuming Kyron will still be gone though he is assuming that Kyron will want to do this.
T. Ruth says:
May 5, 2013 at 2:37 pm
Then again, maybe he DID tell someone. Maybe he told Terri and maybe Terri held this information over someone’s head for money instead of going to the authorities. (50% chance of arrest?) Maybe then, this person got tired
Maybe Kyron saw something and told Terri or Kyron and Terri both saw something. They took Kyron and effectively banished Terri from the civilized world and destroyed credibility. Does Terri (teacher, full time homemaker) really sound like the type who would try to blackmail a person or people engaged in criminal activities rather than go to authorities?
@wpg. I love your warmth, optimism,, & support of both bios.
I have not seen anywhere, however, Kaine spend money he’s raised “in a quest to find” Kyron.
Love it if he’d publish any simple financial statements disclosing his 3 years of
expenditures in that quest. Other nonprofits do it voluntarily all the time. Needn’t be
audited or to IRS standards.
ps I suspect he will have to disclose those financial statements in the divorce.
Another reason to postpone imo.
Morning, Rose,
Raising awareness of Kyron, which is what I believe KH is doing when he attends or hosts events, is part of his quest, imo, to find his son.
Production and distribution of T-shirts, bracelets, etc. form one part of raising awareness. Are they always sold or are they often given away? Profit margin can’t be very high.
As far as the divorce, I do recall Bunch saying in the early days that TH had no interest in KH’s post-separation $’s. Whether that still stands today, IDK.
I would think, though, the Kyron Horman fund would be untouchable and not considered an asset or a sharable asset, no?
It would be subject to discovery, absolutely, however whether or not it would be considered relevant or subject to equitable distribution scales would depend on the overall finding applied to law. Dicey when your attorney is asking to have an interrogatory on where TMH got funds to hire her attorney. I go back to Kaine saying that his legal bills were 6 figures. If it was paid from any of those funds, everything is on the table.
B
Blink,
Yep, I know full financial disclosure from both sides per divorce.
When KH mentioned the 6-figure legal bill he also said something along the lines of paying for it over a long period of time.
Wouldn’t think he’d be able to use the monies from the Kyron Horman fund for his divorce costs.
On another note, DA Rees’ – - “There is something specific that is being done.” – - at times drives me nuts.
What is interesting wpg is that at some point last year Kaine changed the mission of the Foundation and advertised same for events & on website. He changed the Foundation mission statement to:
“missing children and child safety”. Since then he has chosen specific children to honor–like Lindsay, or the deceased boy whose family set up a public school musical instruments plan.
Has LE ever suggested or made an opinion that Kyron could have been snatched by a SZ? EVER?
Has Kaine ever voiced that opinion?
Or Terri?
BREAKING NEWS
http://www.newsnet5.com/dpp/news/local_news/cleveland_metro/Cleveland-police-dispatch-Missing-teens-Amanda-Berry-and-Gina-DeJesus-found-alive
Cleveland police dispatch: Missing teens Amanda Berry and Gina DeJesus found alive
Amanda has been missing for 10 years, Gina 8 or 9 years. They were just found about an hour ago. Alive and well.
There is hope for Kyron!
Glory Hallelujah!
CLEVELAND – Cleveland police said missing teens Amanda Berry, Gina DeJesus and a third woman were found in a west side house on Monday.
“I heard screaming… And I see this girl going nuts trying to get outside,” said Charles, a neighbor who found the women. “I go on the porch and she said ‘Help me get out. I’ve been here a long time.’ I figure it was domestic violence dispute.”
“She comes out with a little girl and says ‘Call 911, my name is Amanda Berry’… When she told me, it didn’t register.” He said he made the call and gave Berry the phone. When police arrived, officers asked him if he knew who he rescued.
A witness who spoke Spanish told NewsChannel5′s Stephanie Ramirez that he helped break down the door. He said there was a child who was about 4 or 5 years old with Berry, as well as other children inside the house. He said he recognized Berry from posters.
Read more: http://www.newsnet5.com/dpp/news/local_news/cleveland_metro/Cleveland-police-dispatch-Missing-teens-Amanda-Berry-and-Gina-DeJesus-found-alive?hpt=hp_t2#ixzz2SZ0ce9IB
Glory is Right My Dear Erose!
http://blinkoncrime.com/2013/05/06/breaking-news-missing-cleveland-teens-amanda-berry-and-gina-dejesus-after-10-years/
B
Rose,
I don’t have much to contribute on Kaine and TheKHF except to say, from my perspective, keeping his son close and connected with hope has gone from enrolling Kyron in school and purchasing his school supplies in the fall of 2010 to continual awareness events and the foundation and its growth.
Lindsey Baum’s mother may have reached out early to offer support and/or assistance to KH and perhaps he is paying it forward and wide. I recall reading/watching media articles about them attending the same events or conferences early on. They were together for the newer Gordon Trucking signs application and roll-out at the beginning of this year.
http://www.thekhf.org
The Cody Myers Musical Outreach Foundation is listed as a Sponsor on the BringKyronHorman site:
http://www.bringkyronhome.org/thank-you/
Whatever keeps KH keeping on and getting through each day, whatever keeps his hope alive is his to do.
ps
Wow, the news on the 2 girls found after 10 years!
my 2 takes from
http://c.washingtontimes.com/neighborhood/political-potpourri/2013/may/6/cleveland-miracle-amanda-berry-gina-dejesus-michel/
–a school bus driver
–a decade of success where captivity was very close to home
nexus to school is relevant to kyron’s case imo
I wish we had some idea what LE actually did in terms of investigation! DID they look at nearby residences, residents? did they seriously look at RSO? They were so busy accusing Terri that it’s hard to say.
Wonder if anything interesting will happen when the RO comes up for renewal in June.
imo it makes the Portland 911 system & the DA look grossly ridiculous that Amanda Berry & Chas Ramsey’s 911 calls are all over the media (even tho both dispatchers are less than desireable) and in Portland not only is Horman 911 report and associated 911s not public, the Maker can’t even get them. If Jaine wanted “awareness,” tgere are MUCH better ways than plastic bracelets imo.
Imo like Berry case Kyron’s SZ has some nexus to the school by neighborhood
or work, while not employed there directly. And had a sexual motivation.
This Berry case had 2 “believeable” snitches in 2006 & 2012. Both were self-interested & fabricated, but LE devoted resources in reliance. This is the sort of case that would allow Houze to drive a truck of reasonable doubt thru
a Terri prosecution relying on a snitch, without a body.
Yes maam.
B
Thinking about how racial attitudes might impact Kyron’s investigation.
MCSO senior administrators, their detectives, & their investigatory supervisees, and their patrols,
appear in their pictures to be all white male. Imo in the resulting culture, it would be hard for mcso to envision
an hispanic male or other minority taking a 7 yo white male for sexual motivation unless directed to do so by
another white person. something about the power structure because I don’t know it’d be the same in reverse
if it were an hispanic boy taken.
RedRose says:
May 6, 2013 at 7:07 pm
Has LE ever suggested or made an opinion that Kyron could have been snatched by a SZ? EVER?
Has Kaine ever voiced that opinion?
Or Terri?
*****************
According to Terri, yes, she said in her email that Kyron was seen with a man chaperone who was not on the list. Kaine, not that I recall. LE, it’s what they won’t say……they won’t call Terri THE suspect. They won’t confirm that it is not a stranger abduction.
Soooo, if not Terri, then who? SZ, someone unidentified.
“Based on information **available to us today that was not previously available** it is our belief that a brief abatement in the dissolution proceedings will enable the criminal investigation to proceed without being contaminated by the deposition and discovery processes.”
http://vwoolfexploresthenorthwest.blogspot.com/
This affidavit or whatever it’s called, was dated January 29, 2013. Does anyone think that Underhill, as a new DA, would submit a document to a Judge presiding over such a huge case, that would include a fabrication? I don’t.
I keep wondering what information was NOT previously available, that suddenly became available. He didn’t say he received information, he said the “information became available, and previously wasn’t”.
It can’t be analysis of cell or email data, because Staton came forward at the same time and said the new information had nothing to do with either of those. So what became available? Something they could not get access to before now, but what? And why did it take so long for it to “become available”?
Medical records? School records? Information from Intel maybe? IDK, just curious wording. Scratching my head, as usual.
In order for the newly available information to be relevant to the divorce proceedings, it must point the finger at Terri or Kaine, right? I still don’t understand why DA’s unethical behavior in directing this divorce from behind the scenes and LE’s unethical behavior in telling Kaine investigative information should be shielded by this judge. Why can’t they all stand by their actions?
Amanda Berry being found makes me hope for Kyron
How no one knew those girls were in that house all that time is really shocking
@T. Ruth
I wonder about the newly available information, too. Makes me think about information that was sealed or classified in some way, and now it is available because a trial/investigation is over or it is no longer necessary to keep it from LE/DA to protect somebody like a witness….now I have been watching too much TV. Lol. And I need more sleep…
I felt thus language was the sort of obfuscative language Shrunk regularly employed when refusing to disclose foua request info, asking Judges to seal something, or asking Judges to comply with Motions he makes that are iffy. So I was googling up prior Schrunk letters to Judges and affidavits generally & stumbled on the below:
http://books.google.com/books?id=jaPFYWjsoZEC&pg=PA141&lpg=PA141&dq=portland+judge+michael+shrunk+based+on+information+that+was+not+previously+available&source=bl&ots=CnpFu4YPjt&sig=okTCvxLltQpHC_oSaetWE6cjv7w&hl=en&sa=X&ei=Ba6JUbv7Due80QHCmID4Bw&ved=0CDMQ6AEwAg
It explains a lot about the likes of Meisenheimer, Kantor, Rackner, & the variety if DA office grads to the local bench who use the law creatively I’ll kindly call it.
The except talks about proactive “problem solving judges” on the bench & how they use power to sculpt families for example, do “treatment,” and generally make social service decisions as much as legal decisions.
Shrunk is mentioned —his quote is only partial & if anyone can get the continuation on p 142 thank you –
Shrunk apparently seeks out new attorneys to hire for his office that can move on to the bench later with this type of mentality.
http://news.google.com/newspapers?nid=1310&dat=20040625&id=X05WAAAAIBAJ&sjid=6esDAAAAIBAJ&pg=6712,5655079
Song Koo Kim
a case where Shrunk submitted court affidavit in re his de facto suspect.
there was not probable cause to arrest Kim, but Shrunk felt his alibi sucked and he had a theory Kim was the perp because he had a fetish & porn and Schrunk theorized if the sucky alibi was set aside, there could be a time gap similar to Terri’s.
Kim was not the murderer despite Schrunk’s vision of a circumstantial nexus & case & even an affidavit to Court and the real murderer eventually pled.
http://www.katu.com/news/local/Panty-thief-Sung-Koo-Kim-is-now-out-of-prison-184696311.html?m=y&smobile=y
guy was on video in a store & Shrunk was still determined
http://www.wweek.com/portland/m/article-4094-mobile.html#_Article
grasshopper says:
May 7, 2013 at 2:46 pm
In order for the newly available information to be relevant to the divorce proceedings, it must point the finger at Terri or Kaine, right?
********************
Good question. Who else could it point to in order to delay the divorce proceedings? Well, the children involved, which James would not be part of, but Kyron & Kiara? Desiree? Could Kaine’s divorce from Terri have some sort of effect on his ability to keep Kyron in his custody? IDK. Who else would be involved in the divorce proceedings at all?
When was James’ depo, August 2012, right? Did something get divulged there that opened new avenues of investigation? Did we miss something in Dede’s limited answers that suggest new avenues of investigation? Hell, IDK.
public comment suggesting Shrunk judge shopped by affidavit
http://isaac.blogs.com/isaac_laquedem/2004/05/the_da_muffs_on.html
Kaine was speaking (I think via phone) on our local news tonight, KMTR Eugene, sorry, I was eating dinner, but it was a comment about missing children and the girls in Cleveland. Oddly, I can’t seem to find it now. Something about missing children and never giving up hope.
@T.Ruth,
Here is link to Kaine’s latest: http://www.katu.com/news/local/Cleveland-case-another-reason-to-hope-for-Kyron-Hormans-father-206533121.html
Bwt, besides Kyron there are 40 other kids missing from OR:
http://www.katu.com/news/local/Oregons-41-missing-children-cases-steeped-in-mystery-206519931.html
I never have gotten to the place that Kyron is gone
I would not be surprised if he is found
Just me thinking
MC DA-speak 1994 “In the supporting affidavit filed with the request, Frink wrote: “Some evidence first gathered during grand jury testimony has created the necessity of further investigation, which will take some time and cannot be completed before the grand jury term. I anticipate this investigation COULD (caps mine) lead to other witnesses being called to testify before the grand jury.” http://www.washingtonpost.com/wp-srv/sports/longterm/olympics1998/history/timeline/articles/time_012794a.htm
Nice to see you back, Malty. Hope you are well.
You know, I’m really tired of hearing LE say how rare it is for stranger abductions to occur. If it’s so darn rare, where are all these missing children? Why can’t they find them?
I think that’s why we are all still here, Malty. I can’t imagine (even worse for the parents) the pain we will all feel if he is not found alive. Hope is a powerful thing.
You know, I have a question -asked earlier. TMH said “Kyron was seen” with a chaperone. Obviously, she must have heard it somewhere because she hasn’t given a description, so probably didn’t see anyone herself.
Does the school have a list of so-called chaperones?
WHO said there was a chaperone – maybe they should be questioned again. Maybe they would give a description.
–or is this all rumors that are repeated?
Soooo…if someone who worked at the school (because I just don’t think a stranger drove by and thought to himself, hmmm. think I’ll grab a kid today) was the Snatcher, then people at the school probably have their suspicions. Even the most innocent-appearing should be looked at really closely.
So why isn’t LE doing that? Or are they, and just not telling us?
Just because the school has lawyers, doesn’t meant that somebody didn’t ‘wonder out loud’ about another faculty member to someone in their own family.
….and IF someone in the Snatcher’s family is suspicious, would they ever give up a fellow family member? THat would be interesting to know.
What about all those photos that loving parents would have snapped on SF day, or even earlier? The Snatcher has to be on one of them, I’m sure.
@Malty says:
May 8, 2013 at 5:26 am
I never have gotten to the place that Kyron is gone
I would not be surprised if he is found
Just me thinking
Desiree is currently at the Amber Alert Symposium in Florida this week where she was asked to speak again this year.
http://www.gofundme.com/kyronhorman
Event Description:
To support ongoing efforts to enhance the AMBER Alert Program, expand and improve Child Abduction Response Teams, provide investigative techniques and transfer of skills, and to continue the development and improvement of a seamless AMBER Alert network.
https://www.nttac.org/index.cfm?event=calendarEvent&EventID=2787&cal=NTTAC
————
This is odd because (as I remember it) there was never an Amber alert issued for Kyron. So is DY saying an Amber alert should have been issued for Kyron. Maybe DY does entertain the possibility that Kyrons disappearance could have been an abduction by a stranger.
2 points cd.
–she’s “telling her story”
–she’s there “again”
(has attended as a speaker before)
I have always thought all bus drivers serving Skyline school in previous 2 years should have been vetted with home visits.
ditto for every nonstaff visiting worker in preceding year — from Bonneville power donor’s team to all painters, electricians, plumbers, construction workers (not that Keefer probably kept good track)
to all classroom 1 shot speakers or events (one shot arts, science workshops)
and so on. And there should’ve been drop in home visits for the interviews.
@Rose, those home visits are an excellent idea. add in everybody within a 3 mile or so radius of the school. This ohio thing is stunning. school bus driver, women held close to home, NOBODY saw anything to be concerned about. I wonder if there are any empty houses in the vicinity of skyline.
ose says:
May 8, 2013 at 6:09 pm
2 points cd.
–she’s “telling her story”
–she’s there “again”
(has attended as a speaker before)
————
Amber Alert Symposium
This was a symposium to talk about the amber alert system and peoples involvement with it. It looks like the purpose is to find ways to improve the amber alert system and to discuss weakness’s or strengths in the amber alert system based on the experiences of people who have had or have missing children.
The Amber Alert Symposium probably was/is not a generic forum to share stories of missing children. I understand that DY has a missing child and is sharing that experience with others. But since she there was no amber alert for Kyron then I don’t see how she could talk about her involvement with the amber alert system. unless she believes that an amber alert should have been issued for Kyron.
I always thought that not issuing an amber alert for Kyron was OK with DY because she thought that Kyron’s disappearance was an inside job orchestrated by TH.
@Rose, O/T in the JS thread, Beejay determine the real ID of JJ, I believe.
article today:
“Sauvie Island bridge camera helps deputy nab motorist on reckless driving, assault allegations”
http://www.oregonlive.com/portland/index.ssf/2013/05/sauvie_island_bridge_camera_he.html#incart_river_default
Soooo . . . I take it this camera was installed sometime AFTER Kyron’s disappearance?
good question wpg! the new Sauvie Island bridge was opened in 2008. It seems likely the camera was part of that installation but searching websites describing the bridge produces no mention of the camera.
foia on camera installation?
@Rose, I’m embarrassed to say that I don’t know how to go about doing a foia. what do I do?
this is an interesting tool. shows where surveillance cameras are in the community. unfortunately the one on SI bridge isn’t listed.
http://www.videosurveillance.com/communitycam/
I went to the File Room today and got a copy of Kantor’s ruling. The “filed” stamp was faint on the original, barely visible on the photocopy. I darkened it on my scan and ran it through OCR but it didn’t come through on here and Kantor’s signature was illegible to the app. What is interesting is that the ruling is dated april 8. BOTH filed and entered are listed as April 9 (entered is below), and yet I went to the File Room on April 15 and this page was NOT in the file. So possibly they gave a copy to Maxine on April 9 but held it in limbo for a week or two before putting in the file.
I also find the wording interesting. He is staying it to be consistent with the civil case. I understand that he is cooperating with DA but what part of the law corresponds to this?
[ _
IN THE CIRCUIT COURT OF THE STATE OF OREGON
KAINE A. HORMAN,
and
TERRIL. M. HORMAN,
FOR MULTNOMAH COUNTY
Petitioner,
Respondent.
Case No. 1006-66084
ORDER REGARDING
STAY
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.
He±br ~
Circuit Court Judge
ENTERED
APR – 9 2013
tN REGISTER BY SA
@grasshopper. those are the words of a “problem solving judge,” the kind Schrunk recruited to be ADAs and the Federalist Society detests.
quite a surveillance camera notice tool. the one on Skyline Dr appears to be Brook Hill Church address. from name & date added by cites, it looks like random people are posting observed cameras & building this data base.