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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4,315 Comments

  1. Rose says:

    @Blink. Here’s the list: http://www.osbar.org/judicial/judicialvacancy.html
    Please note the last entry–last Mult Cty apptmt is a Penn State grad!
    Reviewing the List of 50 who put themselves forward tells me Court/Bar/case
    cronyism in Mult County is self-selected by the players, generally previously
    attached to DAs office, who (and/or spouses) are in similar social circles — in special cases
    with perhaps political implications and where
    they deem mutual cooperation important to the success of their cause
    and so call on “old school” ties (mean more broadly
    than schools). Now a Circ Court Judge who has a number of reversals but
    can get Sen. Wyden to put him on a list of 5 for Federal Bench, imho that’s juice.

  2. Rose says:

    One thing occurred to me. in the first days they didn’t tow the red car and take dirt samples from its tires. With those red car/white truck racing in Sauvie reports. I feel that was investigation negligence.

    It also is mighty suspicious this happened just before the dr apptmt and just before he was to visit DY as well.

    I expect Terri did the Medford long haul round trip because DY and KH were not on good terms, and he didn’t want to face the Youngs.

    Does anyone have a succinct list of who was the Detective in Charge & his dates of assignment?
    My memory is initially K Kafvre, then by Jan ’11, a search & rescue guy Mark Herron,
    It would be nice to track the dates of the Dets in Charge.

  3. Rose says:

    thanks for correcting me, wpg. So I wonder where
    the proceeds, if any, from its sale went?

  4. Rose says:

    Thanks for snips wog. Well, now I’m suspicious those 2 knew each other in Aloha prior to her divorce 2.
    After all he’d already decided the DY marriage was over. No wonder the whole how they met in a restaurant story was murky.

  5. MockingbirdSings says:

    Rose says:
    July 11, 2013 at 11:00 am

    Kaine’s household was kept afloat with Ecker’s monthly which was significant, Terri’s subbing and then unemployment, the remains of her settlement. How’s he keeping that same household ship afloat having subtracted that and added legal bills?

    The six figure ones you mean?
    B
    —————————————

    Not a “fun topic”, but something to wonder about (tax deductions) re helping the household ship stay afloat:

    http://www.irs.gov/pub/irs-pdf/p501.pdf
    Kidnapped child. You can treat your child as meeting the residency test even if the child has been kidnapped, but both of the following statements must be true.
    1. The child is presumed by law enforcement authorities to have been kidnapped by someone who is not a member of your family or the child’s family.
    2. In the year the kidnapping occurred, the child lived with you for more than half of the part of the year before the date of the kidnapping.

    This treatment applies for all years until the child is returned. However, the last year this treatment can apply is the earlier of:
    1. The year there is a determination that the child is dead, or
    2. The year the child would have reached age 18.

  6. Rose says:

    wpg, sorry. a wpg by any other name (even due to typo) isn’t the same.

  7. erose says:

    Just googling TRuth’s 2 principals. (Great find). Found this Principal for a Day list. Shows who was where in 2010. Veep of Comcast was at Skyline, he went to CA in 2012. Wonder what date Principal for a Day happened?

    http://www.thinkschools.org/uploads/File/2010%20alumni%20list.pdf

  8. MockingbirdSings says:

    PS re tax deductions – I assume Kaine regularly claimed James as part of his family deductions since he supported him beyond what the child support money paid for and James’ dad did not have visitation time with him, but it seems he would have lost that in 2010 since James did not live with him long enough that year and Kaine didn’t pay child support for him after he moved out. I have also assumed Kaine and Terri filed separately starting in 2010, but it’s possible they didn’t. I suppose their attorneys would have worked all that out.

    Oregon is not a community property state but courts try to divide things evenly. Even if a person’s name is not on property, if you can show you contributed significantly to the household budget which helped pay the mortgage, you can be credited with an appropriate percentage of that asset. Of course, the addition of children who depend on that asset for a place to live adds to the mix of calculations according to who has custody.

    I’d guess Kaine has had and/or will have some significant changes to his financial situation no matter what happens.

  9. erose says:

    The Portland Schools Foundation (PSF) is an independent, community-based organization with the mission to mobilize resources, leadership, ideas, and public support to ensure a world-class public education for every child, in every school, in every Portland neighborhood.

    http://www.thinkschools.org/index.php

  10. vw says:

    @ Blink and Rose

    According to Engel….

    “Father pays for Mother’s car insurance, health insurance and life insurance. Father has paid all expenses on the family home in which Mother assers a financial interst. He has paid all of these expenses for over two years. It cannot be saidthat mother has not received financial assistance from Father during these proceedings. Also Mother lives with her parents. It is assumed that she pays no rent and is not being asked to ontribut to her living expences. Her financial needs are few while she keeps a low profile in Roseburg. The prejudice to her financial interst is minimal. This weighs in favor of a stay.

    (I would type more, but it is more of the same BS about how hard Kaine has it).

    BTW. Who’s driving the stang? Who benefits if TMH has life insurance, health insurance?

    Weighs in favor of the stay…of course. Oregon is a 50/50 state.

    Citing……P. 24 Motion to stay Dissolution, Engles (ll 4-10)

    http://vwoolfexploresthenorthwest.blogspot.com/2013_07_01_archive.html

    ALSO just got up the Restraining ORDER on above site. The dates are all a little fishy to me.

    @Rose….i believe the house was always in Kaine’s name only. As well as the car (present?).

    Right. I asked the question because it is customary in a stayed or pending dissolution case for counsel to advise to maintain insurances lest an accident in some form or ill health becomes marital debt.

    B

  11. wpg says:

    Rose says:
    July 11, 2013 at 10:57 am
    (snipped)
    “Seems to me at Kiara’s age, Terri would’ve had a slam dunk of a divorce in 2010 were Kyron not taken.”

    I don’t know, Rose, it’s hard to say.
    If Kyron was not taken and either TMH or KH filed for a divorce, who knows if a road would have been opened leading to RS.

  12. Rose says:

    You’re right, wpg, and there could be others on both sides.
    Personally, I don’t credit RS at all without corroboration, in Court under oath.
    So many Central American/Mexican laborers blanket my streets, who
    knows who is up or down. (I tend to hold their exploitative street
    business owners in disregard, but in this case–RS was the business.)
    If she’d wanted an “affair,” unless she was Borderline to the Max and acting out constantly in
    a disinhibited fashion, there
    were so many other social options to sleep with.
    Personally, I think there are Borderlines in this mix, and
    Terri does not take first place.
    I find, via this post, iphone keeps autocorrecting
    wpg to wog. No taste.

  13. Rose says:

    @erose. Came from a public el ed that pioneered the pta-driven Foundation supplement thing 20 plus years ago (and our County too diverted a % to poorer socioeco).
    I feel Skyline’s was (I am sorry) small potatoes in pta fundraising & surely no reason to keep a white elephant (maintenance-wise) property open if the real estate market/economy heats up there again.
    I remember googling Prin for a Day Comcast up the kazoo ages back & found no untoward public info.

  14. wpg says:

    “I find, via this post, iphone keeps autocorrecting
    wpg to wog. No taste.”

    You’ve got me laughing so hard now, Rose! :)

    ________

    “Personally, I don’t credit RS at all without corroboration, in Court under oath.”

    Waiting on that Motion to Contest to be filed, Rose.

  15. erose says:

    Adams, Shrunk, Sizer and others were all “Principal for a Day.” Click on 2008 – 2010.

    http://www.thinkschools.org/mobilizing-the-community/principal-for-a-day/

    I’m sorry, wth is the purpose of this?
    B

  16. erose says:

    In it’s 11th year, in 2010, the Principal for a Day Event was October 20th.

    http://webcache.googleusercontent.com/search?q=cache:mE9wRKK0ULEJ:www.thinkschools.org/uploads/File/11-007%2520PFAD%25202011.pdf+portland+school+foundation+principal+for+a+day&cd=3&hl=en&ct=clnk&gl=us

    http://www.wweek.com/portland/blog-3145-tear_down_that_sign_pps_tells_teachers.html

    Portland Schools Foundation gets a new name: All Hands Raised

    The new name omits both the words “Portland” and “schools,” making it less intuitive to divine the group’s focus.

    http://www.oregonlive.com/education/index.ssf/2011/10/portland_schools_foundation_ge.html

    Is it a coincidence that after 17 years, the year that Kyron Horman went missing was the last year PSF operated under that name? Did you catch the reasoning. Less intuitive. What? Let’s have a group that goes around and no one can figure out what they do? Ya’ kiddin’ me?

    These are the sophisticated men that could stand up to the complex profile of the man who abducted Kyron. Something big or someone big has been my mantra about this case. Well, here are someone’s big. Forgive me, but after The Second Mile, nothing is off the table for me.

  17. erose says:

    Founding Board President Ron Saxton
    http://allhandsraised.org/organization/board/

    snip>
    Saxton was also the founding president of the Portland Schools Foundation, a community-based organization that has raised over $30 million in private contributions in Oregon’s largest school district.[4] He has also chaired the Strategic Planning committee of the Cascade Pacific Council of the Boy Scouts, co-chaired the Oregon Higher Education Roundtable, and served on the board of the Saturday Academy, a science and math mentoring program for Oregon’s youth.[4]

    http://en.wikipedia.org/wiki/Ron_Saxton

    Wonder where Saxton stood on the release of the BSoA records?

  18. erose says:

    Skyline Elementary class tells stories of their Northwest in class book

    The class wrote, illustrated, and had the book printed at Powell’s City of Books Espresso Book Machine as its contribution to the Portland Public Schools Foundation’s annual fundraiser.

    http://www.oregonlive.com/portland/index.ssf/2013/03/skyline_elementary_class_tells.html

    [Not calling the foundation "All Hands Raised" in this article. This foundation is definitely intertwined with Skyline fwiw.]

  19. erose says:

    All Hands Raised and its CEO face lawsuit from former employee

    http://www.oregonlive.com/portland/index.ssf/2013/04/all_hands_raised_and_its_ceo_f.html

  20. erose says:

    Given the profile, I think that SZ is more likely to come from an educated and prominent group of people. Those volunteering in the schools would definitely have exposure to the students, and would doubtfully be questioned about there whereabouts at the time of a crime. My thinking is that SZ is someone above reproach.

    @Rose, I should have know you already checked out this worthy group. Not hard for one highly sophisticated predator to align himself with a worthy cause. Have to admit, my eyebrows went up with Saxton’s affiliation with the BSoA, considering he must have been trying to protect “the list” given his position. Also, not impressed with the CEO, fwiw.

    It is possible he could have that stock erose, if you will, but there are several covariates in the profile I have been trying to exclude. He will be low profile in terms of children contact. That is the opposite of a groomer profile, which of course is an entirely different and long list of variables, but this profile has objectified his victims while designing the continuum so his particular proclivity is never on display where a victim will “know” him, and he spends the bulk of his time designing the compliance strategy. He will be of elevated intelligence, but not from formal education.

    I openly admit there is no way to apply much of what is known about this type of offender without locating a victim, offender, or crime scene. Attachment to a prior case would be a huge break.

    Not that anyone is looking for that here.
    B

  21. Rose says:

    In Mult Cty area imo it’s more likely than not “a prior case” was treated as a runaway kid & not worked by Homicide, such as they are anyway. Now if they fall in the River off a boat, or get lost hiking, MCSO is there.
    It’s my impression a number of highly intelligent tech community employees learned on the job and didn’t complete college. My guess is DAD is a typey fit — on the margins.
    Telecommuting in that industry yields movement freedom for extracurriculars, imo, especially first thing in the morning.
    A gym imo would be an “objectifying” SZ path-crosser imo; with hard core regulars (like 2 of my own 3 hard core regulars) there’s a lot of self-love and intense preoccupation with one’s own body.

  22. Rose says:

    what do you think of SZ prostitute use, esp children?
    There was a news story today–woman abducted at knifepoint
    & repeatedly raped, escaped while he slept , he was found with a prostitute.
    Disorganized I know. But if SZ objectifies, wouldn’t prostitutes fit?
    (and thus maybe trips to SE Asia?)

    Not in my opinion unless they were his avenue to compliant victims for continuum perfection, or outright satisfaction ( being intentionally vague).

  23. erose says:

    Admittedly, I am having trouble wrapping my head around who this guy would be. He is not a groomer, which makes sense because they are normally non-violent offenders (right?). He would not spend time at the school, or around children per se, so how does a child become his target? Friends? Social media? How would he do that if he does not leave an electronic footprint? If he is not formally educated, then his elevated intelligence is more along the lines of a gift/curse? Is there a rough example of what this guy is? For example, if we found DAD to be of elevated intelligence, could he fit the profile; just as an example. What can we know about who this guy could be?

  24. wpg says:

    Blink,

    Does your profile include thinking of their outward physical appearance in this designed continuum?

    who’s appearance?

    I am sorry WPG, I may not be understanding your question exactly.

    B

  25. Rose says:

    Your undelying point imo erose is this “piece of work”
    org lets a whole host of actors, some of whom inevitably will be bad actors, if not in this case in another, in the doors of school houses without safeguards — under the guise of doing good as a moneypocket source.

    This group diminishes the power of ptas & teachers unions & the accountability of the Supt of schools.

    It co- opts well-intended minority coalitions and well-intended College resource “do-gooders” ie in social work, education, etc.

    It diverts Corp donations to a bureaucracy supporting an Admin structure rather than directly to local school Foundations where decisions on funds allocation are made by parents and Principals to meet local needs. Usually corps like Nike, Intel, realtors, law firms, etc do employee matching grants to local school Foundations, auction donations, and specific ed program grants which school staff/pta apply for.

    imo this Countywide org is just funding an extra Admin layer between funds sources & students, and cooling out troublemaking PPS social system players–minorities and nonprofit groups, who think they have a seat at the Programs/Money Table by “Board membership” titles.

    Color me cynical. I’m Looking forward to that lawsuit, hoping others peek out from woodworks ala Second Mile. I bet there’s sex harassment in play that’s not alleged lest the suit fail. Race works better.

  26. vw says:

    Horman facts; OREGONIAN article cited above by wpg (Lynne Terry with others….August 2010)

    Born 1970,Moved to albany with Tarver, 1991
    1994 james born, divorced 1995. Moved back to roseburg 1995.
    Moved to Cottage grove/springfied 1996.
    August 1996 married Ecker, 1998 esker adopted james
    1998 hit by a czar in springfied, FOR a year she was sick
    Earned BA at northwest christain, graduated 2000
    Moved to beaverton, bought a house in aloha with help from her parents.]
    March, 2001…hired as sub. Subbed in hillsbora sd. through mid-june 2002
    Marriage soured, moved in with teacher friend. (bookcase moving incident irritates roommate).
    January 2002, divorced, got primary custody of James.
    Ecker pays support but since then has NOT seen james.
    2002 started working out at gym. June met Kaine at a restaurant when he was out with friends.
    August, DY files for divorce at 8 mos. pregnant. Kyron born in September.
    While living in a condo with son. Kaine brings kyorn over.
    Mid December james and TMH move to his house in Aloha (to take care of Kyron).
    Desire has primary custody till 2003, early .
    Joint arrangement. Dy with Kyron at night, then at daycare then 2 hrs every afternoon at Kaine’s house. 2004 kaine gets custody. Is now “PRIMARY caretaker” dropping Kyron off at daycare and pcking him up.
    TMH teaches Kyron sign language when she realized he needed glasses at 6 months (says James).
    2003 MA from Pacific University  in Forest grove. On call sub.
    License valid till 2007, took a break and renewed it in February 2-10.
    Worked as ResT manager in sherwood 12-2005 to 08/2006
    2005 going to gym again. lost weight. Competed in one contest.
    DUI july, 2005. Fulfilled Diversion. No tickets since then.
    2006 married, moved to sheltered lane.  ™ was working as assist. manager at newport”  
    Nov. 2008.  Kiara born.

  27. vw says:

    @ anyone…..Question on marital assets. Would Eker’s and Tarver’s (if he had been contributing) continue to go to TMH while she was in Roseburg, prior to his graduation? I’m assuming the army does not equate with college in terms of continuing support past 18.

    @ Grasshopper

    I stopped by the file room. Nothing new in the files but got all three dockets. After the Order to renew there was one more filed. It was a “schedule hearing” but didn’t say much. Only it had THM attached to it.
    I’ll put the page up, and you, or anyone else, can interpret it. But the 30 day/21 day stuff is starting to baffle me. I’ve been looking at Oregon’s laws, directives for petitioner regarding a hearing to contest a FAPA. They are supposed to bring a lot of evidence and witnesses with them.

    I’m going to read them all over again and compile a list of Kantor’s decisions since the onset of his selection to take over.

    He’s beginning to smack of a marionette.

    Marital assets are completely separate from child support if the support order is not between 2 married persons, and even then the standard is “monies available for the support of the child”- subject to income shares.

    The burden to reduce child support rests solely with the obligor. It seems that Jame’s step Dad was willing to sustain the burden and did.
    B

  28. RedRose says:

    haha WOG. Love it!

    @Rose says:
    July 11, 2013 at 4:26 pm
    wpg, sorry. a wpg by any other name (even due to typo) isn’t the same.

  29. T. Ruth says:

    “Shelby said Horman’s parents weren’t notified when he was marked absent because Skyline doesn’t use an auto-dialer which calls parents to report the student is absent. Shelby said the school doesn’t use such a system because it doesn’t have problems with attendance.”
    http://www.katu.com/news/95669809.html

    So, June 5, 2010, Shelby says parent’s weren’t notified because **they don’t use an auto dialer**.

    Okay so, this sounds to me like the school did indeed mark Kyron absent, but never even thought to notify his parents, but not due to any Dr. apptmt, just due to the fact that Skyline didn’t call. Does anyone think that if, in fact, the school had their hands on a note asking that Kyron be excused on June 4 for a doctor appointment, that Shelby would not have mentioned it here?
    If it existed, it would have taken them off the hook immediately.

    IMO, there wasn’t one, or perhaps there was, but it said the following Friday (as Terri says) and it was altered in some way to say June 4, whichever, but at the time of this interview, June 5, a Dr. Apptmt. excuse did not exist saying Kyron had an appointment on June 4 or IMO Shelby would have mentioned it. AMOO

    I was just thinking today about the silence from the school. I’m certain that the school system is hoping and praying that TMH is guilty of the apparent kidnapping of Kyron. But why? Does it not show them still liable? Yes, it does……unless there was a note from Terri saying Kyron had a Dr. appointment on that day. Everything else…..from the possibility of Porter just getting it wrong…..to not following their own protocol, makes them liable for losing Kyron. The key issue, IMO, is just that. So, why would Kaine & Desiree feel anything different in regards to the school’s negligence? IMO, it has to be because there IS a note and they have seen it, or been informed by LE that it exists. Now, whether or not it was altered or even fabricated by someone, or whether or not it is even from Terri, (doubtful because Terri via her friend said it existed), IDK. Doesn’t it? How else could one let the school off the hook? So, IMO, some sort of not exists.

    Now, if there is such a document, it would be easily verified by a quick call from LE to the doctor about when that appointment was scheduled. Wouldn’t it? And, if that appointment was scheduled for June 4 and Kyron never made it there, then by golly, Terri is the problem. Wouldn’t she be in jail? However, if LE made that call and the appointment was indeed scheduled for June 11, then what?

    Did someone at the school doctor-up a doctor excuse?

    I know I’m probably repeating myself here, but this is a key issue. I sometimes wonder if the school forged some sort of document after the fact, strictly to protect their failures. Not necessarily saying anyone at the school took Kyron, but is it possible that because of their own self-serving issues, they are the ones who have screwed up the whole investigation? All because of $$$$$$? Crud, I hate to think that’s even possible. Did someone insist that this is what they needed to do, or they would get their socks sued off? Is this possibly what has sent LE down the rabbit hole? IDK, but it scares me to think that its possible.

    There is no document excusing Kyron for a Dr. appt for the 4th or any other day I am aware of.
    It is my understanding that TMH approached Porter in the gym the day before and either handed her some paperwork for her input for a pending or as yet to be scheduled Dr. appt for Kyron or showed them to her as to request her observations for same. This is also where Ky’s classmate noted the white truck out the window. It is my understanding all the projects were delivered to the gym and then grouped into the classrooms for the expo.

    I have heard Kaine confirm that there was “talk of a Dr. visit for Ky” and I would say he appeared to downplay the need for it, but there is no question in my mind that TMH had approached Porter directly, discussed it with Kaine and likely Desiree, and this was construed as some possible ruse to excuse Kyron for the day. Idiotic, imo. His backpack and jacket were left there and she was seen leaving without him by several people.

    I also believe LE latched onto that concept, despite it being proven to them that they had discussed Kyron’s issues necessitating same as a family.
    B

  30. T. Ruth says:

    I openly admit there is no way to apply much of what is known about this type of offender without locating a victim, offender, or crime scene. Attachment to a prior case would be a huge break.

    Not that anyone is looking for that here.
    B
    ********

    Hmmmmm? Funny, but that’s exactly why I keep looking back at the Stacy Wilmoth case. This is so similar it seriously gives me the Herbie-jeebies and makes the hair on the back of my neck stand up. Add in the very weirdness of the proximity of some of the stranger-than-life players in this case, and their location back in the 70′s.
    Add to that the very weird LE approach back then, major-league description of the perp, but oddly, ZERO composite released. Creepy indeed. Suspect Zero.

  31. vw says:

    @rose. lol Do I see a book on the history of Oregon Politics in your future? Gotta admit, i’m not to fond of Kitz. That trip with his GF to explore the world “happiness index in Bhuton” while the legislature was mired down hinted at supreme ignorance of all the Nepalese refugees here in Portland that were systematically herded from Bhuton because of their religous or ethic heritage. Many students I met last spring had spent most of their lives in crowded Nepalese refugee camps. Till the biggest one burned down and the hundreds are in east county here. Kitz. going to address the taxes we pay to help them get educated and jobs?

    Wonder how the appellate court would work, in this case. Would Kitz have a say? Would litigants have a say? What would determine who gets the case? And i’ve read up a bit. It could take up to 7 years.

    But what about a trial. What would it take to get a trial in the fapa or the dissolution?

  32. T. Ruth says:

    Was just reading over some of the comments on the last Olive story, and one of them brought something up that I’d never considered before.

    Long time ago, I was wondering why Kaine moved the wall of hope from the FD to the gym, trying to figure out what significance the gym would have. Never dawned on me the RO prohibits Terri ifrom being anywhere near that gym, so if she so desired, she could not visit Kyron’s wall of hope or any of the vigils held there. You guys prolly already thought of this, but Duh, I’m slow.

  33. Rose says:

    imo vw Kyron’s stalled investigation and the constipation of the local Court cases are all politics
    (or maybe bullheadedness and egos add in as well).
    Politics began with mcso exerciskng jurisdiction rather
    than PPB. Also Began with Staton/County Commishes
    and the budget appropriations, imo. And I’m pretty sure
    the mcso Union Pres plays some role keeping the
    investigation alive in current guise (all that overtime).

    @ vw. Lea or a member of OR Bar correct me. imo appeals are based on
    written documents (called briefs), argued solely by parties’ attorneys if accepted.
    Relevent material is local trial transcripts and can include legislative history
    (to show the legislature’s intent) of whatever issue in whatever statute
    is in dispute.

  34. wpg says:

    Blink,

    Do you think TMH told KH and DY about those “mini seizures” the “Doc” thought Kyron “might” be having? imoo, no.

    I actually think she did discuss it with KH, not sure about DY, but I would think so given their degree of contact. I do know through a source that Ky was known to sort of daze out in class, so perhaps that is the reference point- I can’t say. I do know that alone for a child that age is no reason to jump to such a conclusion. My children did that when watch
    ing TV, lol.

    I believe that TMH supported KY spending more time, if not alternating custody with DY- as DY said herself.
    B

    B

  35. grasshopper says:

    The decision not to treat the school as a cirme scene, not to hold porter responsible in any way, to insist that it was not a stranger was made at the very beginning. I don’t know if they decided to focus on Terri as quickly but certainly she was targeted within a few days LE questioning people about her but not the other bios, about the truck she was driving, searching Sauvies endlessly because of a cell phone ping. Media fully deployed to paint the target right smack on Terri.

    Once the MFH accusation was relayed to K and they set up a sting while helping him to remove Kiara from the home even before the RO was issued, K filed for divorce and Terri was then forced out of the family home because “kyron would want to return there” so K should be there waiting, Terri was homeless and destitute. At no time was she offered access to marital assets or given spousal support. I personally don’t understand how that is legal, but anyway that’s what happened.

    Once the RO was issued based on MFH, Terri needed an attorney. Where does a homeless destitute woman get an attorney? Public Defender. I’m sure we have fine public defenders in Multnomah County but they work with LE and DA constantly and how likely is one to defy them, particularly with local media repeating the story over and over. in my mind, good chance Terri would have been convinced to plead guilty to something smaller and go to jail to avoid being accused of a larger crime. whatever they were hiding would have been safe and the story would have been over as far as public and LE were concerned.

    I can imagine what LE and DA thought when Houze turned up. Not so simple any more. Then Bunch, and when they added the civil suit in hopes of deposing everybody on all subjects, Enter Wagner.

    I hope the “Certificate of Service” entered into the database on July 9 that the clerk told me about is indeed the filing to contest the renewal and we will begin to see things unfold.

  36. wpg says:

    (snip from May 24, 2011 article)

    “Sources tell KATU News, Terri Horman led Kyron’s teacher to believe he had a doctor’s appointment that Friday morning. He didn’t. Kaine says Terri had been focused on Kyron’s spaciness.

    “I didn’t see anything out of the ordinary,” he says. “I wasn’t concerned about it at all.”

    Kaine says Terri was the one who was pushing Kyron to a doctor to be checked out.

    Kaine attributed the staring spells to sleep deprivation. In the weeks leading up to Kyron’s disappearance, the baby – Kiara – had been dealing with an ear infection. He says her crying at night was keeping the whole family up, especially Kyron, whose room is right across the hall.

    http://www.katu.com/news/local/122554994.html

    Jeeze, sounds like a possible she said/she said situation with TMH and the teacher, similar to the he said/she said situation with RS.
    Gaahhhhh!!!!

  37. wpg says:

    Gaahh!! and sigh . . .

    OLive June 19, 2010 J.Finster says this:

    (snip)

    “Finster said Horman had told Kyron’s teacher the day before that she was taking the boy to the doctor on Friday, June 11, and gave the teacher paperwork to fill out related to the appointment.

    Finster said that when Kyron didn’t show up at the bus the afternoon of June 4, Horman talked to the teacher who said she thought that Horman had taken Kyron to the doctor that day. Horman told Finster that the child’s teacher was new, in her first year of teaching, and was hard of hearing in one ear. “She doesn’t know if she understood her,” Finster said.”

    http://www.oregonlive.com/portland/index.ssf/2010/06/friend_says_terry_moulton_horm.html

    BUT, BUT . . .

    August 9, 2010 KATU’s mutliple sources tell them otherwise:

    (snip)

    “Horman went on to talk about Kyron’s recent behavior:

    “The past 2 weeks he’s been acting really weird. Staring off into space. Can’t remember anything. Walks into the room and then back out, stopping to stare and then move on. The doc thinks that he is having mini seizures and I made an appt on Thursday for next Friday to have him checked out.”

    That contradicts what multiple sources have told KATU News. In the days before the science fair, Terri informed Kyron’s teacher he had the appointment that day, June 4, which is why no one expected he would be in class and was marked absent.”

    http://www.katu.com/news/local/100323934.html

  38. January says:

    @ Blink: ” Idiotic, imo. His backpack and jacket were left there and she was seen leaving without him by several people.”

    Scenario: MAYBE, (highly doubtful), Ms. Porter convinced herself when she noticed Kyron wasn’t in class that she had probably been so distracted while Terri was talking during the SF about the doctor appointment, that she hadn’t listened carefully, and that Terri MUST HAVE said she was taking Kyron immediately. Even if we give Ms. Porter this courtesy, wouldn’t Ms. Porter have deduced that because Kyron left his backpack and lunch in the classroom (or even brought it for that matter) he should be coming back? He had a talent show to preform in later. Would a teacher just assume when he didn’t return that Terri must have decided to keep him out all day, and not give it much thought? Or should she have thought at some point it warranted a phone call? Maybe because Terri was a regular volunteer and they knew her so well, that school protocol got blurred a bit? Did Ms. Porter actually receive an email from Terri asking when she could pick up the project? What else did it say? If Ms. Porter received it, wouldn’t she at least shoot an email back to Terri asking if Kyron was okay and still going to make it back for the talent show? All of this is pretty fuzzy-wuzzy. I’m pretty sure some of this must have been addressed with the Grand Jury… All of this makes it impossible for me to believe that the Horman’s wouldn’t have sued the school.

  39. RedRose says:

    Going back to the start, that first morning ….

    So Dad and Stepmom know about the talent show. They are also planning to stop for ice cream and head out for the halfway-to-Medford point.
    So why, if Dad came home from Intel early, didn’t they both go to the school with the baby to see the talent show? Why would they have him take the bus home? They could see the talent show, go for ice cream and on, all in one plan.

    It’s almost like the Dad KNEW there was some sort of plan arranged.

    Second whatif.

    So step mom leaves the school. Is seen by “several”. Do “several” also see her talking to someone? How would they see her? Would they also be outside the school? Would they see her out by the truck through a window or a doorway? Did they see her with just the baby. Was she carrying the baby, or did she have a stroller? Or was the baby walking?
    If they saw her talking to someone, then they would have also seen the “someone”, right? By a car? By a truck? Did they see her by herself? Did anyone see Kyron?

    Some basic questions could be answered if anybody cared to say what they know.

  40. erose says:

    TH, school volunteer and SF project mentor extraordinaire and daily sticker monitor, right? Would she not be the type to touch base with the teacher wrt the talent show? As in, I think we will be back in time, we will definitely not be back in time, we will for sure be back in time. Not the type to leave the talent show hanging (unless it was part of her plan). If the teacher thought Kyron was going to the doctor, why didn’t she ask TH if Kyron would be back for the talent show, after all iirc he had a partner depending on him.

  41. Rose says:

    @wPg
    Consider the reporting source of the katu spot at the time.
    “By Anita Kissée KATU News and KATU.com Staff
    Published: Aug 9, 2010 at 11:14 PM PDT
    Last Updated: Aug 10, 2010 at 1:09 PM PDT”
    Successors have been no better for bias & accuracy.

    See https://mobile.twitter.com/anitakissee

    –with KH the most frequent katu source as cited in articles imo.

    She moved on btw http://www.mediabistro.com/tvspy/katu-reporter-anita-kissee-to-join-tvw_b48911

  42. T. Ruth says:

    July 20, 2010:

    The issue of the doctor appointment is among several questions KATU News has submitted to Multnomah County Sheriff Dan Staton. He is expected to answer those questions in writing some time in the next few days.

    http://www.komonews.com/news/98987454.html

    ********

    Well, as we know the question was never answered. Not by Staton, not by Kaine, not by Desiree not by the school….only one person has said Kyron had a doctor appointment, Terri via Jaymie Finster, and she said Terri said it was for the following week. Since Staton wouldn’t and won’t answer this question, then can’t we assume it is an integral part of the case?

    Again, if there wasn’t one the following week, would Terri not be in jail for lying to LE, I mean, if LE asked her, which I’m darn sure they did during the lie detector tests would she not be in jail for lying to a cop?

    http://www.katu.com/news/local/97904344.html

    Kaine & Desi’s answer to the question:

    KATU: Was Kyron supposed to be out of school the following Friday for a doctor’s appt.?

    There was some discussion about the appointment but it was unknown exactly when the appointment was scheduled so we cannot comment for certain.

    ********

    Why, on July 6, over a month after your child went missing, do you not know when the appointment was? Or do they mean, *when it was scheduled”, as in we now know Kyron did have an appointment for June 11, but we think Terri may have called it in after he went missing? Can’t either of those things be easily checked out?

    The beginning of the article above from Komo, says this:

    According to sources, investigators believe Terri Horman was vague about which Friday she was referring to when she gave notified the school of her stepson’s anticipated absence, and only after he was missing did she clarify that the doctor’s appointment was on June 11, the Friday after the science fair.

    **********
    I hate posting garbage reporting like that that says “according to sources”, because we have zero idea who these sources are, I’m was thinking it’s Kaine or Desiree or Tony, but it could also have been someone from the school. “Terri was vague”. CYA.

  43. Rose says:

    I can’t imagine a pediatrician attributing “staring spells,” “forgetting everything,” and odd behavior to sleep deprivation
    from younger sib’s crying secondary to an ear infection. Every family with 2 or more kids has this scenario (teething, ears, etc) in the bedroom corrider. We did.
    Every family with 2 young kids does.
    imo No rational person would attribute
    Kyron’s presentarion to a sib’s nighttime crying.
    Maybe it would affect a Dad that way, so he’d stare or forget, idk.

  44. Rose says:

    @wPg. re ” I do know through a source that Ky was known to sort of daze out in class, so perhaps that is the reference point”
    I have long thought the impetus for “the form” and the doctor’s appointment was Miss Porter’s classroom concerns about Kyron appearing spaced out in the classroom. This is a typical short inventory teacher’s fill out all the time when they have informed home of focus concerns.

    Personally, whatever Miss Porter’s concerns & inventory completion, I’d consider her observations of Kyron worthless in a 2/3 classroom where the child was a young 2nd, and where the teacher had her level of experience. If it were my son, I’d put him in a summer enrichment/entertaining classroom with a seasoned educator, and interview for that person’s insight at the conclusion. It is so tragic Kyron was taught by a woman who looked at his lunchbox and never wondered why he wasn’t there to eat.

  45. T. Ruth says:

    Blink, are we to assume then that the paperwork Jaymie Finster said Terri told her she gave to Porter the day before then, either

    A. Didn’t really exist.
    B. Was undated in regard to the appointment.

    JMO, but I still think on June 5, had Matt Shelby known Kyron was marked absent by his teacher due to a scheduled appointment he would have said so. How could it be *unclear* if there was paperwork, unless undated?

    Again, if there was no document excusing Kyron, why didn’t Kaine or Desiree think there was negligence on behalf of the school? Boggles my mind.

    Boggles mine as well.
    B

  46. Bumble says:

    Do we know if Porter could have tried to call TMH that morning and that is why TMH’s phone pinged, but maybe Porter did not leave a message and decided at that point maybe Ky was at the Dr’s and marked him absent? That is my wild what-if for the night. LE would know from records if Porter did try. Of course, if she didn’t leave a message, it wouldn’t do a lick of good and doesn’t really matter.

  47. January says:

    @WPG “August 9, 2010 KATU’s mutliple sources tell them otherwise:

    (snip)

    “Horman went on to talk about Kyron’s recent behavior:

    “The past 2 weeks he’s been acting really weird. Staring off into space. Can’t remember anything. Walks into the room and then back out, stopping to stare and then move on. The doc thinks that he is having mini seizures and I made an appt on Thursday for next Friday to have him checked out.”

    ————

    My brother had “mini-seizures” when he was about 5 years old. My mother was the only one who noticed. He would simply stop communicating and stare with his mouth open for about 2 minutes. My dad thought she (my mom) was overreacting but my mom took him to the doctor anyway. He eventually outgrew them. This was 50 years ago.. I’m sure they would have an MRI done now.

    This being said… If Terri had never actually taken Kyron to a doctor and if there isn’t a doctor on record confirming that indeed Terri had been told that maybe Kyron was having mini-seizures, and if she hadn’t made a doctor’s appointment, I could see where LE might start looking at Terri as a suspect. However, it is obvious that Kaine was controlling and disrespectful to Terri when it came to her observations of Kyron. Maybe Terri just thought that Kyron was having mini-seizures, and told Kaine that the doctor said the same to give her suspicion more weight. Maybe Terri’s mistruths about things like this took her down the path to becoming a suspect. I can only imagine how stressful and difficult the poly’s must have been for Terri. Something tells me that Terri wasn’t always truthful about the little things in life. God only knows what part of the poly she failed (if in fact she did). The parts she failed may not have had anything to do with the MFH or Kyron’s abduction.

    Well I can count on one hand any suspects I am aware of in other cases that took repeated poly’s because they were flat out told they failed them and became an actual suspect or were ever arrested for the crime at issue. I personally find it very interesting that although the FBI was involved, that an asset from MCSO was administering a polly.

    B

  48. Rose says:

    @Bumbke. Maybe that’s why school phone records, which apparently were purged before their relevance occurred to mcso, were finally sought, too late in the day. Perhaps LE was finally looking to corroborate such a statement by Miss Porter.

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