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 erose’ post katu “Anna Canzano @AnnaCanzanoKATU 1h
Kaine Horman’s attorney says any request by Terri’s attorney for discovery will likely result in the MultCo DA’s office weighing in.”
imo Kantor will call these cases under him complex & in need of uniform case management, and postpone all, maintaining RO, until some trigger occurs ( imo that is not investigation related, but political).
“Anna Canzano @AnnaCanzanoKATU 33m
Kaine Horman says he sees this as progress – an opportunity for depositions on both sides – and to get info about this son.”
I guess KH is trying to spin this to the sunny side, but Houze’s action will not have that effect.
The sole basis for the restraining order is the alleged murder-for-hire, not Kyron’s disappearance. The primary sources of information are the landscaper and the two LE Officer’s present at the sting. Kaine has no direct knowledge and TMH will take the 5th whenever the interrogation moves towards Kyron.
The DA is not going to want it’s officers deposed.
That leaves the landscaper as the only relevant witness. It seems that the whole MFH plot is a he-said-she-said affair. As it is, without new evidence (it has been 3 years without new evidence) or a confession, the DA has no chance of successfully prosecuting this MFH case. Will the DA allow him to be deposed, a deposition that would be brought up later if TMH were charged with Kyron’s disappearance? Houze would know TMH’s version of events and phrase his questioning based on that knowledge, knowledge denied Kaine and his attorney. This might allow him to express TMH’s story without her testifying.
I suspect the DA’s office will try to prevent the officers or the landscapers participating. In that case KH will testify that “a police officer told me that other officers told him that the landscaper told them that TMH offered to pay him money to kill me.” It isn’t evidence, but will be enough for the judge to continue the restraining order.
I have to believe that the Judge will indeed accept Kaine’s hearsay as the basis given his rulings to abate in both other civil cases. If they are granted a hearing to argue the “basis” TMH will attend.
I sort of have a different take on Kaine than most- I think he may be coming around to the possibility that TMH was not involved and what that might mean to all the rest of the wranglings.
Personally, I think it is utter bunk when it is well known by this court that even if ( and I know they did) LE told Kaine about the mfh- that LE is under no duty to be truthful in a criminal investigative matter during subject interview. How do we know they did not say that to provoke a response from Kaine as a possible suspect? Obtuse I agree, but the burdens here seem to be confusing to Kantor.
B
43. T. Ruth says:
June 23, 2013 at 1:05 pm
@kimberly says:
June 22, 2013 at 8:56 pm
*************************************************
Very oddly overgrown, everything seemed miniaturized because of it.
The road out front, that leads to the fields is barely recognizable.
The sign for the school is the same, but, only the square part of the sign is somewhat visible. The weeds cover the pole.
Did we ever establish if D.A.D had ever volunteered at that fire station?
@Rose
thanks for the explanation of case management.
horrifying but accurate that kantor treats the missing and injured children as commodities, and he certainly is. he is definitely ethically-challenged. maybe that’s a required course at that baltic law school
Rose says:
June 23, 2013 at 9:01 am
My point was Kantor in terms of civil judicial procedure has Terri in the role of Bank America, Kaine/Desiree in the roles of homeowners suffering loss, and Kyron as a failed usurous home mortgage. Although since there is alleged but difficult to prove criminal involvement, Terri is aka Jeff Skilling, Bios investors, and Kyron/Kiara are the purported “lost value” fraudlently swindle. That’s how Kantor has consolidated & is trying these cases. He has not appointed GALs for the kids because he’s treating them as commodities (or swindled property) in these cases.
Geeze. Who plays the role of Fannie Mae?
B
——————————
@Rose – Did you ever consider a career in movie scriptwriting?
I occasionally disagree with something you say, but, either way, I love reading it! You really create clear images with your words.
Harper is a love! I just lost my terrier this last NYE, I’m a terrier (terror) lover from way back. . . our girl Lulu (cocker spaniel) misses her terrier terribly. Stubborn, but incredibly loyal animals.
TY herv, and I am so sorry to hear about your pup.
B
@kimberly says:
June 24, 2013 at 12:54 pm
If DAD was ever a volunteer there, I never found it.
bumble says:
June 22, 2013 at 12:18 am
**bracing myself for an attack
**
OK here goes, why challenge the RO now? Why not 3 years ago? Has something changed? Or, were they afraid to challenge it at first, but have come to the conclusion 3 years later and no arrest being made, that MCSO does not have enough evidence? I don’t view it the same way I would if she would’ve come out swinging from the get-go. All MOO, of course.
******
I think that’s a good question. I go back to the beginning where Terri is the one who requested a 2-year abatement, and yet Judge M only granted smaller periods of abatement over that time and then further. What was Judge M thinking?
In the beginning, Terri was going to contest the RO, why did they decide NOT to contest the RO in the first place?
Why did Terri/Bunch/Houze specifically request a 2 year abatement?
What has changed? Did Houze/Bunch finally find something in their own discovery? Something that makes them feel confident enough that this MFH will be tossed out the window?
I know if someone doesn’t do something to *break the ice* so to speak, it is a stalemate. Perhaps Houze is now satisfied that he can go forward and defend his client in the MFH, but will not let Terri answer any questions to the disappearance of Kyron? What a complicated mess. I really don’t understand why the MFH case, cannot be addressed separately from Kyron’s disappearance. Why can’t they be separated? If LE’s main reason for thinking Terri is involved in Ky’s disappearance is they think she was involved in a plan to kill her husband, then why can’t it be ruled out…or in?
I guess it’s obvious they can’t prove what they believe, or she’d already be in jail, so why not let the divorce go forward? I don’t get it.
@TRuth. It’s better they not be separated bcz there serms to be zero evidence against Terri in the abduction.
At least in the mfh they had testimony from an angry yardworker with immigration issues she had hired for a bush pulling job.
What if the MFH was not against Kaine but Kyron? Wouldn’t that
be the reason of why they are going about it this way!
Maybe because one cannot exist without the other, meaning, if there was no MFH, then the basis for suspecting TH in the disappearance of Kyron is null and void.
T. Ruth says:
June 24, 2013 at 3:49 pm
snip>
I really don’t understand why the MFH case, cannot be addressed separately from Kyron’s disappearance.
Legally absent any evidence tying the two together they are two separate criminal incidents, so legally they would have to be. My guess is they really have no case for either.
B
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2013/06/drug_cartels_in_oregon_rise_an.html#incart_big-photo
Series in The Oregonian which began 6/23/2013 about drugs in Oregon – I think it has been mentioned here before about possible connections between either or both Hormans and this activity (possibly connected through gym contacts).
Anyway, it would certainly explain why LE is so quiet on the subject of Kyron. It could be that they are in the midst of a larger operation re drug trafficking.
If Kyron is lost because of something his parents/step may have done, I sure hope someone gets justice for Kyron.
T.Ruth,
October 07, 2010
(snipped)
“Peter Bunch, Terri Horman’s divorce attorney, said he plans to ask the court to alter the current “no parenting” restriction that Terri Horman faces in the restraining order, to allow some supervised, reasonable contact with her 22-month-old daughter, Kiara.”
http://www.oregonlive.com/portland/index.ssf/2010/10/judge_delays_terri_and_kaine_h.html
^^ To the best of my recollection no “Motion to Modify” was ever filed with the court (KH was insisting on mental health evaluations, questioning TH’s attorney’s claim that they will instruct pleading of the 5th, etc).
I’m waiting to see if the vocalized intent to contest is indeed followed through with a filing of a “Motion to Contest”.
____
2 years is the maximum abatement time.
KH fought it initially in 2010. That combined with perhaps perceived hope of progress in the search for Kyron could have been why JudgeM initially ruled on a shorter abatement. Eventually both sides agreed on the 2-year total maximum.
____
The divorce case is no longer in abatement and neither is DY’s case. Stays were issued for both.
____
GeorgiaDad says:
June 24, 2013 at 12:12 pm
Blink says:
I sort of have a different take on Kaine than most- I think he may be coming around to the possibility that TMH was not involved and what that might mean to all the rest of the wranglings.
**************
I agree, and I also think that Desiree may now realize that Terri just may not be Kyron’s perp. Very quiet everywhere on those fronts. Kaine, otoh has used this to further his, what I construe as an already wanted, divorce. I have to wonder what Desiree thinks about this. (I wonder if that’s what she was referring to when she mentioned she could not agree with “the choices he **is** making”. ) IMO, Kaine Horman, is an extreme manipulator. Does that mean I think he is involved in his sons disappearance, not necessarily. I do believe that when sht hits the fan, it will turn out that KH most probably wanted this divorce a long time ago. JMO
************
Has anyone else noticed that the school, ya know, the marked absent @ such and such, etc., seems to have sort of disappeared from these reports? I find that really odd….like that no longer matters? Skyline school, IMO has done nothing but try to distance themselves from Kyron since the day he went missing. That ticks me off.
Casting Sheriff S in the role of Fannie. Public relied on their Statements. Statement similarities: Murky. Grossly overvalued. Capitalized on public trust bcz government agency (& quasi). Reliant on lack of judicial oversight, & lack of oversight by elective exec branch.
@TRuth. Why the divorce cannot go forward:
It will be litigated on the custody front with depositions & testimony
from the 2 principals, from friends/neighbors/SCHOOL TEACHERS/caregivers & sitters of kids/both sets of grandparents/Unkie Kristian (re his conviction & exposure to Kiara), Mike Cook, etc. Testimony by Ms Porter if truthful about treatment observed of Kiara & Kyron by Terri (the relevant info = parenting interaction) will tend to exhonerate her in the abduction imo. Kaine is likely to be excoriated and discredited by some witnesses (ie Terri’s parents, who imo will present better than Kaine’s, so maybe he has to postpone til Terri’s are gone). Likely even Desiree will be called to testify about her public statement on his catting around (not good as single parent). IMO It’s not a matter of secret le info Kaine may have. If fully litigated, imo it will discredit him as an LE witness for any purpose. Probably don’t want grand jurors to read that. Bunch can even go into how he made her fire Rudi, setting up a family enemy.
Do you see this having any effect in the Horman case? Would the prosecution file any charges based on this? Supreme Court: Pre-Miranda silence can be used as evidence of guilt.
http://seattletimes.com/html/politics/2021208775_apussupremecourtsilence.html
no, as TMH voluntarily came forward and did in fact agree to several hours of interviews with LE. You have to read the decision very carefully, it is not a permission slip to arrest people who don’t answer all questions. It is not a probable cause marker for an arrest warrant or anything like that. Good question though, I do think this is a slippery slope decision indeed.
It will be construed to prosecutorial and LE advantage until it is abused, imo.
B
PORTLAND, Ore. (KOIN) — The family of missing Portland boy Kyron Horman says someone is cold calling people around Portland, and asking for donations to help support search efforts.
Kyron’s family said they would never make phone calls to raise money — and they’re urging anyone who’s received one of these phone calls to contact police.
(snipped)
http://www.koin.com/2013/06/24/kyron-horman-scam-warning-cold-calls-seeking-donations/
Sheesh!
@Rose says:
June 25, 2013 at 6:48 am
Oh my Rose, I think you’ve hit the nail on the head. Explains why the DA & Staton do not want Kaine Horman or Deisree Young deposed. Desiree will be asked about her life with Kaine, which she has already publicly addressed by writing Terri a letter telling her she knew what she was going through. Possibly even Kyron’s papa, Desiree’s dad will be called to testify against Kaine Horman, as he publicly referenced his controlling ways as well. Good grief, it would certainly weaken whatever case the DA has that may have been built upon Mr. Horman’s words. Thinking about this, I think it more than likely was Kaine Horman who was with the attorneys who went before Kantor asking for the abatement of the civil case. (Also, as erose was questioning, explains Kaine’s use of the word looming, when he referred to depositions for all of us.)
Oh, what a web……
Ani says:
June 24, 2013 at 6:18 pm
What if the MFH was not against Kaine but Kyron? Wouldn’t that
be the reason of why they are going about it this way!
————
Kaine says in the RO verbiage that he was informed by LE that Terri tried to have him killed.
—————–
-snip
“After Kyron went missing and the investigation began, law enforcement officials informed me that my Wife had attempted to hire our landscaper to kill me for money.
———–
Sunshine_4me says:
June 25, 2013 at 10:25 am
Do you see this having any effect in the Horman case? Would the prosecution file any charges based on this? Supreme Court: Pre-Miranda silence can be used as evidence of guilt.
http://seattletimes.com/html/politics/2021208775_apussupremecourtsilence.html
—————-
Since terri was never charged or named a prime suspect in any crime then has she ever been read her Miranda rights?
if you want a laugh, read this article about “scammers” trying to make money off Kyron’s disappearance.
http://www.oregonlive.com/portland/index.ssf/2013/06/scammers_try_to_profit_from_di.html
also look at the comments. only 2 so far and second one is interesting
http://www.oregonlive.com/portland/index.ssf/2013/06/scammers_pretend_theyre_raisin.html
Alicia Green, who lives in Medford, said she got a call on her unlisted phone on Friday evening from a “young, perky” woman, asking for money.
“She said she was running a fundraiser for Kyron,” Green said. “She said most people gave $30 or $40.”
Green said she could only give $10 and gave the woman her address.
No one at the number — in a 503 area code — answered the phone on Tuesday. The number has been given to police to investigate, said Kelly Ramirez, Kyron’s aunt.
The solicitation sickened his family, Ramirez said.
***********
What kind of scumbag would do such a thing? I hope they find whomever it is and throw the book at them.
@TRuth. imo Kantor is “case managing ” all 3 civil actions in tandem with the expected filing of criminal charges and in fact DA will time the “stays” to lift when the criminal trial has commenced. That way his numero uno witness won’t have his credibility prior litigated, but more than that–first criminal defendent in US history to defend 3 civil cases at the same time as her criminal trial arising out of the same subject matter (abduction). Talk about government (2 branches collaborating) to plot to spread a defendant’s legal representation resouces so thin she will in jeopardy of being unable to mount a criminal defense. Personally I hope there’s some goods somewhere on some folks in the judicial, executive & legislative branches in Portland to keep that fbi public corruption tip line ringing off the hook. Place needs a cleanup.
Landed after speeding thru 7 states today, I am trying to recall my driving thinking of 3 days ago on what I thought was the commodotization of missing children, but looking up the word, I see I mean commodification. Micro level – significant others. macro level – government involved personnel and media. I am not familiar with most cases on Blink’s site, but an example of a parent NOT commodifying her child is Staring at Stars, ditto Kesse. This case will always be remembered by me as the epitome of commodifying. I see the signs as an immediate Foundation to “find” Kyron. Lacking in transparency & “finding” expenditures. Sales of multiple trinkets on grounds its PR. A cottage industry at roadshows. I don’t understand why any of this is thought effective to find Kyron or bring anyone to justice.
On the macro level–lawyers, lawyers, lawyers. A veritable retirement fund. A significant boost to Sheriff’s budget. A goldmine of LE overtime. 3 cases keeping a Judge gainfully employed (and his face before the public as an heroic figure before the next election. Plenty of public goodwill/PR for private businesses from Xmas tree farm to pumpkin patch to car displays to run course to a newly minted gym only just opened & trying to gain traction. I suppose I coukd find plenty of cases on Blink’s site where missing children are not commercialized, but Kyron’s isn’t one of them.
I guess it happens.
The abuse reportedly happened in one of the restrooms at Whiteaker Middle School…
http://www.kptv.com/story/22676790/former-middle-school-assistant-convicted-of-sex-abuse
I did not remember btw gym was listed in RO.
On a par with work. On a par with home. On a par with school.
The gym as Exemplar of Kaine’s daily life & future plans that RO weekend.
Never mind TMH went there. Kaine is announcing “in future I am going there
with great frequency. As important to me as home or work.”
Inane. Banal. One could have an adjective contest regarding that RO entry:
a New Gym, opened only 2 months before, not yet having legs,
actually getting the mass PR of being in Kaine’s RO.
@mbs. I often disagree with me too. brainstorming here, and getting feedback, is valuable. If we don’t think outside box, who is?
I’m afraid my head is ranging to the public policy questions of cases like Kyron’s. Local Investigations seem so hit & miss. So Mom and Pop. Unless FBI is in charge or a highly professional, nonpolitized State Police. DAs are a crap shoot and politicized at the top.
What I see is the privatization of Finding missing children, propelled by social media. All sorts of searchers, blogs, and seers. Many
led by unsophisticated parents while highly traumatized Lacking leadership from LE, the public expects leadership from parents, who are the least equipped in crisis.
There needs to be a uniform national agency probably located outside the FBI but having authority to use FBI resources, a Federal Missing Child agency which addresses both abductions and runaways, which combines investigation & prosecution and which usurps State law. tasked with locating children below say age 16 at the Federal level, prosecuting criminal abductions and making dispositions of runaways to local gov’t agencies or Courts–more than the fragmented Federal LE resources involved in missing children now.
@Rose,
what–no church listed? no favorite library branch?
@Rose, and I have never understood why the school was included in the RO. There was no reason for Kaine to be at the school, his daughter was only 18 months, IIRC. Kyron wasn’t there, and within that RO, he implicates that Terri took him from there. Did he think she was going to drop him back off at school? IMO, the school was included so that Terri Horman would not be able to go back to that school and talk to……someone. IDK, but it made no sense to me then, and still does not.
some time ago Blink talked about TMH maybe being not guilty of anything, but more likely “letting the vampire in”. What’s the possibility that it was KH instead who “let the vampire in” and has since found it more convenient to shift the responsibility to the stepmom.
I suppose they both know something that they won’t tell because they are thinking of themselves first before little Kyron.
…and collecting data, MO clearinghouse. SO’s should be on a national register, so moving to a different state doesn’t give them unsupervised hunting grounds.
Rose says:
June 26, 2013 at 11:31 am
Good one.
grasshopper says:
June 26, 2013 at 12:56 pm
Maybe TH wanted those daily reports from Ms Porter because she suspected someone was grooming Kyron at school. Maybe she was in the process of trying to figure it out, based on Porter’s perception of his behavior, and who she knew to be there that day. Maybe she didn’t know what was going on, but she was sure something was going on.
Interesting angle.
B
@TRuth Miranda rights will only be read if person is arrested (imo). I know Blink’s response to my question about silence pre-miranda.. and the doubt it could be used in this case. But reading the details in the Genovevo case, he answered questions, except one, which was regarding the murder weapon (excerpt below). I know TH answered questions initially and then stopped after she realized she was the target by LE. Were the questions the same before her silence as they were at the time she took on council and became silent? Or were the questions more specific asking if she did anything to/with Ky.
Was it legit or hearsay that TH walked out of a polygraph early? I know this really doesn’t matter in the scheme of things because it won’t bring little Ky home.
~~~
The 5-4 ruling comes in the case of Genovevo Salinas, who was convicted of a 1992 murder. During police questioning, and before he was arrested or read his Miranda rights, Salinas answered some questions but did not answer when asked if a shotgun he had access to would match up with the murder weapon.
Prosecutors in Texas used his silence on that question in convicting him of murder, saying it helped demonstrate his guilt. Salinas appealed, saying his Fifth Amendment rights to stay silent should have kept lawyers from using his silence against him in court. Texas courts disagreed, saying pre-Miranda silence is not protected by the Constitution.
http://seattletimes.com/html/politics/2021208775_apussupremecourtsilence.html
Coming up on the 4 year anniversary of Lindsey Baum’s disappearance. Here is 84 more…Have you seen them?
http://www.komonews.com/news/local/4-years-after-Lindsey-Baums- disappearance-dozens-still-missing-212823091.html?tab=gallery&c=y&img=3
Links all work. if not clickable copy and paste address in browser. the links to transcript are a bit slow to load but will eventually.
Notes on Request for Renewal of Restraining Order
Movie and still cameras were in the jury box as they were at last hearing.
(Messeinheimer did not like cameras but Kantor is quite comfortable being photographed in action.)
Lots of movie cameras in hallways.
Kaine was present with his attorney Brett Engel.
Also present were Peter Bunch, Stephen Houze and his assistant Marlene George. (You might remember her as the woman accompanying Terri when she was ambushed by cameras in the parking garage after a visit to attorney Houze.)
Conference in chambers: Judge Henry Kantor and all attorneys
Bunch said he would accept service on behalf of Terri Horman.
Engel started things out
“Kaine stands on his petition.” Very serious matter
Bunch said something about discussion in chambers
Two procedural matters to bring up:
Kaine (surely?) Can no longer fear Terri
Petition is purely hearsay.
If Terri is served with renewal, she has right to contest within 30 days and have a hearing within 21 days. (BTW, this timeline ends early August so in line with divorce and civil)
Terri wants discovery.
Consolidation of cases was for trial purposes only.
Trumped by family ?
Judge said renewal was not contested before.
Bunch said that was incorrect. He did contest at the last renewal, asked for evidence of MFH but RO was simply renewed ex parte.
(links to what Bunch said at that time)
http://4.bp.blogspot.com/-DTmOE5gfK88/UJ….00/P1010136.JPG
http://2.bp.blogspot.com/-DHUl9Y_OWpk/UJ….00/P1010137.JPG
http://1.bp.blogspot.com/-hm2tR17Looc/UJ….00/P1010138.JPG
Engel said hearsay is permitted. Granted in ex parte order
They will dispute discovery.
Judge: This case has been designated “complex” and is therefore subject to case management. Must follow these rules.
(This is for the judge’s benefit and from what I understand (FWIU) he has discretion to use some parts and not others suggests he is following DA instructions.)
Judge commented on reasoning of Judge Messeinheimer in renewing it before. Agrees with it. Since there is “no change in circumstances” the RO is renewed.
(Note about this at end)
Understands Respondent will contest renewal but has doubts that hearing involving contested ruling will be allowed.
(To even state that due to Terri wanting to fight the RO he will consult negates the previous statement by the DA at the last hearing that they had ‘no interest in the case’.)
Reminded Engel to serve Bunch with affidavit for Terri
End of hearing Lasted maybe 10 minutes. forgot to note time it was over
KGW interviewed Houze after hearing but have not been able to access it yet.
My comments
FWIU an update of current circumstances (since original RO or last renewal) is required. Original RO was based on this:
My son, Kyron, has been missing since June 4, 2010. I do not know where he is, if he has been harmed, or if he is alive. Local and federal law enforcement agencies are currently investigating my Wife, Respondent/Terri Horman, for her involvement in Kyron’s disappearance. Terri Horman will not cooperate with law enforcement and will not assist in the search for Kyron. I believe that Terri Horman is responsible for Kyron’s disappearance.
After Kyron went missing and the investigation began, law enforcement officials i nformed me that my Wife had attempted to hire our landscaper to kill me for money. I obtained a restraining order against her to protect myself and my daughter Kiara. Respondent/Terri Horman is a substantial safety threat to me and to my family. She has manifested a desire to physically harm me and my family, and I fear she will continue to try to harm me and my family.
Last renewal Rackner added this as the update:
Respondent is being investigated by law enforcement for her involvement in violent crimes.
http://www.oregonlive.com/portland/index.ssf/2012/06/kaine_hormans_restraining_orde.html
What violent crime? This was around the time Desiree’s civil case was proceeding so was probably intended to influence jury pool.
The original RO also states that Terri was involved with Kyron’s disappearance. However they don’t even know who, what, why, when or how Kyron was taken. No evidence of a crime (according to Stanton) only their gut feelings about what happened. Based on this, child was removed from mother without custody hearing or any regard for best interest of child and petitioner has been in possession of child and all couple’s assets ever since with no evaluation of home situation or his parenting style since that time.
The question now becomes whether or not people will be deposed as they should be instead of who benefits.
Although I didn’t manage to write it down, IIRC the judge said Terri’s team couldn’t contest because the divorce was in abatement. It is Desiree’s case that was abated while the divorce is stayed due to the RO. Now Kantor renews the RO to keep them all on the same track.
BIG PROBLEM
The affidavit is supposed to be filed by petitioner and I believe 30 days allowed for respondent to respond. In this case no affidavit was filed so no time for response was allowed. In fact, hearing was scheduled for last thing on Friday afternoon and announced no more than 24 hours ahead, making it very difficult for Terri’s attorney’s to rearrange commitments to attend. Although an affidavit was apparently prepared (based on discussion of served at the hearing) it could not have been seen by Terri’s attorneys and maybe even Judge until hearing itself. We do not know if there is any kind of “update”. Judge described situation as “no change”. Ignoring procedure gives power to contesting the renewal.
Thank you grasshopper, nice job- I could not make the links work either way though?
Does everyone know that Houze is married to a family court judge?
I seriously wonder why the KGW interview was never posted- if it was filmed, etc.
B
@erose. I think the best candidate for SZ is a subcontractor of PPS or PTA floating through who’d met K in the bathroom before. ie the school had just had some areas painted due to lead paint issues. Mcso should’ve carefully run all workmen in the school the prior year
@TRuth. The school included in the RO is one argument the “exclusive” ADA, Moawad, did the first draft of the RO before finding a civil attorney to sign it. Twould be a real plus if she consulted Meisenheimer’s Clerk on the language while drafting. Hopefully we’ll find out thru a Moawad depo.
@TRuth. You are right– LE/ADA incentive for school inclusion
could only be to prevent Terri from dropping in to talk to….someone.
Just to parse the abduction, as a stepmother, I’d have gotten
a conference mtg with principal & teacher.
If only to say goodbye at the end of 3 years of working together.
I’d place a bet they’d have PPS’ attorney present tho.
@erose. At a minimum there was a problem in the classroom and school that was unresolved at disappearance.
Putting myself in Terri’s shoes, I always saw that request as documenting the teacher’s craziness, not the child’s.
It’s exactly what I’d do (get it in writing) if a teacher was implementing her own bmod system to my child’s detriment before I had a principal conference.
@erose. At a minimum there was a problem in the classroom and school that was unresolved at disappearance.
Putting myself in Terri’s shoes, I always saw that request as documenting the teacher’s craziness, not the child’s.
It’s exactly what I’d do (get it in writing) if a teacher was implementing her own bmod system to my child’s detriment before I had a principal conference, while working with my kid in “cooperation” so no complaints could be had in the home. You’re right his acting out could reside in grooming being done there.
I emailed Frank Mungean, digital editor for oregonian about the Houze hearing.
Frank Mungean
I understand that a KGW reporter interviewed Stephen Houze, Terri Horman’s criminal defense attorney, after the Restraining Order Renewal request on Friday afternoon, and explained the process for contesting the renewal. It was not included in the on-air story. Is it available online or could it be made available online?
Thank you for your help!
(my name)
his answer
(my name)
Our online story includes all the available published content we have.
Frank
~~~~~~~~~~~~~~~~
Interesting wording “available published content” means that which has been made public. he’s not saying they don’t have that interview. won’t admit it either. the news director must have decided not to make it public. wonder why.
He is saying it was not published- that is an editorial choice- bizarre.
I appreciate the follow up grasshopper.
B
let me try these links separately, one per message. maybe that will help. These are from the transcript of the hearing where Bunch asked for evidence.
http://4.bp.blogspot.com/-DTmOE5gfK88/UJ….00/P1010136.JPG
cont transcript
http://2.bp.blogspot.com/-DHUl9Y_OWpk/UJ….00/P1010137.JPG
cont transcript
http://1.bp.blogspot.com/-hm2tR17Looc/UJ….00/P1010138.JPG
oregonian’s link to article about last RO renewal request
http://www.oregonlive.com/portland/index.ssf/2012/06/kaine_hormans_restraining_orde.html
good letter about one school’s response (to Eric Toth):
http://m.washingtoninformer.com/news/2012/may/11/confronting-child-sexual-abuse/
TY Grasshopper. imo every member of the OR Bar should be saddened & appalled by Judge Kantor’s abuse of process. I see now why a prominant civil attorney came out of retirement. If these attorneys will work pro bono, I believe they will prevail in this matter at the Appellate level. Structuring how these matters go to appeal is key. Imo they will use the RO, not Desiree’s case which has impetus & dnergy for Aaron’s law from the Legislature & Sean, nor the divorce. The RO serms best positioned to demonstrate judicial/DA abuse of process.
@erose says:
June 26, 2013 at 2:23 pm
&rose
Ummmhuh. Yes, I have been really suspicious, probably not the right word, but just wondering… why Kaine Horman brought forward that Terri was asking for these *score cards* every day for Kyron. He also goes so far is to say (I’ll find the quote if necessary) that Terri was the “only” parent asking for this. When I first heard that, I was like, how in the heck do you know whether or not any other parent was asking for the *score cards*? Do you have some insight to the school that we don’t now of? Or did you take the time to ask every parent of those children? Just another one of his statements that bug me. (reaching for the deet, tonight)
Thank you grasshopper, and vw as well, for all your footwork in this case! Have a great evening, I don’t know about you guys, but were’ headed for the 90′s down south. Just enjoying our coolness for now.
To Kyron: wherever you are, speak up, we can’t hear you!
Nite all.