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. erose says:

    Love that analogy. I await to see what will happen to all those pumpkins and if it gets as much coverage as the sexting, or the Spicher letter. If there was any news worthy developments, as promised, I think we would have heard by now. (Does LE realize they put themselves in this pressure cooker? Why do that?)

    vw says:
    July 24, 2013 at 12:21 am

    …await the court that turn into pumpkins shortly.

    B

  2. erose says:

    I would love to know how many June 4, 2010 families stayed with Skyline. Sometimes it’s easier to move, or change schools than fight the powers that be. I get the impression that the parents were “handled” otherwise there is no explanation, other than an eco friendly Stepford scenario.

    Trying to play devils advocate here ( against myself, lol) but I can say with certainty that families were told TMH was involved and that this was an isolated incident. As Much as I would like to think parents do not take such a claim at face value- many did.

    Some did not. Then you have neither bio calling Skyline out, or naming them in subsequent remedy actions. I think many believed the party line vs. the alternative based on a strong trust of LE and school officials. I say this like I understand it, but I do not.

    Kyron Horman was 7. A 7 year old child that goes missing from his school, missing today, with no established crime, no suspect, no indictment and no freaking piece of physical evidence is a U G E deal and the apathy of some is staggering. No wonder they blame someone they don’t know. Consider the alternative parental mirror.

    B

  3. Rose says:

    @vw. any prosecutor found to have knowingly
    lied at trial can be disbarred if tried for same
    by the State Bar licensing him or her. Should be fired,
    but that doesn ‘t seem the Portland Way, at least with
    Mayors & Council Chair.

  4. vw says:

    @truth and blink,

    Parents, stores, the neighborhood, and Media were asked to submit videos, pictures to MCSO.
    IIRC some media outlets stated that they would no longer have those pictures/tapes.

    Here’s an example:

    PORTLAND, Ore. – Investigators have collected surveillance videos from local grocery stores in the disappearance of Kyron Horman, sources said.

    The corporate offices of Fred Meyer and Albertsons both confirmed to KATU News on Friday they are cooperating with investigators in the Kyron Horman case.

    Officials with Albertsons said they’ve turned over surveillance video from their store on Beaverton-Hillsdale Highway on June 4, the day the Skyline School second-grader disappeared.

    Fred Meyer officials, however, will only say they are working with detectives regarding at least one store. They said if they turned over surveillance video, it would be up to investigators to disclose it to the media; however, sources said that the Sunset Fred Meyer off Highway 26 in Hillsboro has submitted video for investigators to review.

    That store is five miles from Skyline School. The Albertsons, depending on the route taken, is anywhere from 14 to 16 miles from the school.

    Investigators are trying to establish Terri Horman’s timeline, sources said. They say Terri was the last person to see Kyron and they are trying to find out what she did after she dropped him off at the school.

    There is no indication that Kyron is in any of the video.

    http://www.katu.com/news/local/98150609.html

    BTW….Albertsons was not connected. TMH did not go there. She went to another Fred Meyers on Walker road and 158th or thereabouts.

    VW- source on your suggestion Albertson’s was not involved? Or is that your opinion?
    B

  5. vw says:

    @Blink. Thanx for the info on lawyer immunity. :-)

    YW.
    B

  6. Rose says:

    re school parents demanding answers, I fantacize this small school’s culture as probably two group-types.
    1) parents with GTkids who would do well anywhere,
    &they don’t want to rock the boat for getting into
    their target next school, and besides tgeir kid has done great at
    Skyline. These parents feel good.
    2) parents with kids who due to affordability, commute constraints relative to work, and /or kids’ weaknesses academically or behaviorally precluding getting them into privates or magnet publics. these parents’ kids lack other options & would not be fine anywhere, so parents don’t want to rock the boat either.
    Sure there are probably some diehard local public school types, but imo the majority of Skyline kids would not have parents willing to question Keefer, Porter, MCSO etc publically lest it hurt their child’s school/social adjustment.

    I think Kitz’s Wife 1 lives in Skyline area. Anyway their kid’s in private.

  7. T. Ruth says:

    Thanks Blink, you made me go back and do my homework.

    vw’s documents where Houze is requesting the 911 calls, does indeed say the calls from December 2009 were initiated by Terri.

    http://vwoolfexploresthenorthwest.blogspot.com/search?updated-min=2012-01-01T00:00:00-08:00&updated-max=2013-01-01T00:00:00-08:00&max-results=3

    However, note the dates guys: Houze is requesting a 911 call made from Terri, sometime between December 17 through December 19, no mention of the 26th, made somewhere around 10:00 a.m. Medical emergency/ambulance requested. Says information useful to the researcher: Terri Horman, Kaine Horman. He also lists two different #’s one appears to be their land line, 922-2237 and the other 703-6076, comes up on this site as belong to KH, not Terri, but I’m guessing it was her cell and Kaine’s number is on the lease? http://411trace.com/503-703

    I guess when Bunch first mentioned the December 26, 2009 911 call to the court, back in 2010, he was incorrect on the date of the call. The call was placed sometime between Dec. 17-19. (I think I already knew this and just forgot, LOL, thanks vw for providing us a place to review the documents!)

    Then we have Houze’s request for *several* 911 calls made the afternoon of June 4, 2010, made in regard to one missing Kyron Horman, to which LE responded to Skyline Elementary location. He’s asking for all of them. So did Terri and the school both call 911? Did someone else as well, maybe Kaine?

    Then we have June 26, 2010 between 5-5:30 p.m. a call made from that same cell number above, regarding trespassing. Rodolfo Sanchez Estrada?
    (can’t read the very end of the document, but guessing it says Estrada)

    Then we have a request for calls made between June 26 and the morning of June 27, from the residence from 11 p.m. on, and it states it *might* also include return call”s” to TMH up to 2:00 a.m. on 6/27/10. Regarding custodial issues. So the *return calls* regarding the custodial issues, might have been when Terri said someone was supposed to call her back. The FBI?

    I know we’ve looked at this before, just refreshing my pea brain. It seems to me there’s something missing here. Or something was incorrectly reported. Gotta go back and look.

    Here it is, is this report incorrect, it says there was a 911 call made, before the one that she made to shut down the sting:

    (1)”One source said the first call made by Terri
    came in as a Priority Three call at 5:18 p.m. and was about someone in a truck threatening her.

    (2)Moments later Terri made the second call and said a man wanted $10,000. But there was no explanation given for why he wanted it.

    The calls were made on the same day a landscaper (who was wearing a wire) and an undercover detective went to Terri’s home to speak with her about her alleged attempt to hire the landscaper to kill her husband, Kaine Horman.

    (3) The third call came in at 11:39 p.m. and was about a child custody issue. A source said Terri reported that Kaine packed up and took their 19-month-old daughter at 1:30 in the afternoon.”

    Guessing this report was inaccurate or Houze would’ve asked for the first and second call(s). He treated them as one call in his request.

    Unless he knew the call was diverted to some other designation?
    B

  8. T. Ruth says:

    Sorry I left the link out to the story above about the two early evening calls:

    http://www.katu.com/news/local/97989739.html

    Two of the calls were made in the early evening and then another late at night on Saturday, June 26, according to the sources.

    ***************
    Of course, who knows who the source was and whether they were correct or not.

  9. T. Ruth says:

    vw, are you saying the people who handed in all their photos and videos never had them returned?

  10. Sam hawthorne says:

    was reading the posts from the last few days and remembered that in an interview kaine said something about being in this for the long haul, when the reporter said something like, you mean more months of this he said year, or years. i have bad memory and no computer right now but i remember the response he gave and was just now thinking with a sinking in the gut feeling, that maybe LE’s plan even way back then was to just sit on everything and wait for tmh to confess. They would have maybe assured him that the court was friendly to them and lack of evidense wasnt a problem, they could stall for year(s) I wondered that due to concerned citizens post about what some LE still believed and also grasshoppers response to her post. i think maybe le is trying to figure out how to get themselves out of their prediciment gracefully. The sad thing to me is that because so many people in the community watched the tmh smear, and even nationally people saw her character ruined, even if the le said they made a mistake tmh will always seem guilty.

  11. grasshopper says:

    I just did one of my periodic checks of the court calendar and discovered this:

    Horman Kaine Andrew */Horman Terri Lynn Moulton MCR 7/30/13 9:00A THXK 544 JUDGE KANTOR 100666084 Hearing Status Check

    Horman Kaine Andrew */Horman Terri Lynn Moulton MCR 7/30/13 9:00A THXK 544 JUDGE KANTOR 100666086 Hearing Status Check

    Young Desiree/Horman Terri MCR 7/30/13 9:00A THXK 544 JUDGE KANTOR 120606956 Hearing Status Check

    Horman Kaine Andrew */Horman Terri Lynn Moulton MCR 7/30/13 9:30A THXK 544 JUDGE KANTOR 100666086 Hearing Motion

    Horman Kaine Andrew */Horman Terri Lynn Moulton MCR 7/30/13 2:00P THXK 544 JUDGE KANTOR 100666086 Hearing Abuse Prevention

  12. Rose says:

    TY Grasshopper.
    Looks like judge kantor has “consolidated” 3 cases: RO, divorce, Desiree Civil, and will handle the 2 Stays and the RO challenge briefs altogether, in say one hour. Let’s try a smiley face here.
    Gets Desiree & Terri into the same Courtroom.
    I expect further stays becaise Advisor Kelly’s fundraising site is quiet.

  13. Rose says:

    Love to see Wagner in that Courtroom carrying some of the water.
    Hope he appears. But I bet Kantor scheduled it with him in Italy or something.

    LOL

  14. Rose says:

    3/4 way down
    http://www.jewishportland.org/blog.aspx?id=497

    Jeff Cogen attends OLive M Berstein’s temple.
    maybe that’s why no bylines on Cogen’s foibles
    & criminal investigation.
    Perhaps he’d been a previous source for stories
    on crime, courts, & city hall.

  15. first-time says:

    grasshopper says:
    July 24, 2013 at 10:56 pm Horman Kaine Andrew */Horman Terri Lynn Moulton MCR 7/30/13 2:00P THXK 544 JUDGE KANTOR 100666086 Hearing Abuse Prevention
    _____
    Does this mean we may see a GAL?

  16. GeorgiaDad says:

    @ T. Ruth

    IF I were a parent with video of the event, I would not upload it.

    Blink runs a fairly tight ship, but there are lots of sites out there that are weakly moderated, and in some cases minimally moderated if at all (e.g., Topix). I wouldn’t want video of my child being scoured over by thousands of internet Sherlocks, many of whom would not stop at the video alone, but would begin “analyzing” every YouTube video I had ever uploaded, and then try to track me down on other forms of social media to see if I were somehow involved with or had links to TMH, KH, DY, or TY.

    With modern social media it is very easy for innocent people to be e-stalked by well-intentioned sleuthers.

  17. Rose says:

    Who would want their child’s Skyline pic online available
    for the abductor’s view, vicariously revisiting the
    scene of his success?

  18. Rose says:

    Dead or alive alive, I imagine the never-ending
    feast of new pics daily on sites like Missing
    Kyron is occasionally quite gratifying to the perp.

    Sadly, may be very true.
    B

  19. Rose says:

    @first-time. No, that’s the RO. Besides, no way J Kantor would share
    input into his decision in this case. Or publicity as the Sage. imo.

  20. Rose says:

    Now I have concluded when DY posted on the Anti-Terri FB page she would be in Court at the next RO/divorce Hearing to tell the Judge (via attorney) how dangerous TH is to children that she knew something privately, in advance, which Kantor had shared (with LE, attorneys?) some time ago about Kantor’s plan to hold a “consolidated” hearing. And I have no doubt he’ll want to hear her opinion on the record in the RO challenge–so it’s not “hearsay.” I imagine he’ll find her opinion relevant and holding some weight.
    http://www.oregonlive.com/portland/index.ssf/2013/07/hearing_set_for_july_30_on_pen.html#incart_river

  21. Rose says:

    If it’s true she made that comment because she’d been told she needed to prepare to testify at consolidated hearings,
    then the 2nd part of her posting was assurance from from her same informant source –that Stays will be continued (at DA’s request) until Terri “talks.”

  22. Rose says:

    I readthis as Underhill calling in support from Staton rather than the Portland Police Chief, and wonder what support Staton will receive in return: http://www.wweek.com/portland/m/blog-30490-mobile.html#_Article

  23. grasshopper says:

    @Rose,
    Kantor sure has squeezed all this stuff together. In my entirely inexpert opinion, it does stink of routine renewals of all stays and abatements. Will DA even bother to appear personally explaining how they just need a little more time? At first I thought it might be promising to have the abuse prevention one at 2, but last time the 2:30 hearing took all of 10 minutes so not very promising after all. I simply can’t understand how this judge can repeatedly trash the rights of Terri Horman. No justification for keeping things on hold. We’ve had serial colors be arrested, charged, brought to trial and sentenced in less time, It doesn’t seem that not filing charges should give endless stall time.

    Also would love to see Wagner in action. Love to see Houze for that matter! I only wish they allowed popcorn in the courtroom and one of those little plastic cupholders for my coke.

  24. T. Ruth says:

    @GeorgiaDad/Blink

    I guess what I’m getting at is this: If LE told these parents that Terri Horman did it, and neither Terri Horman nor Kyron was in your child’s video, why (if you usually did that sort of thing) would you not upload to Youtube your child’s or grandchild’s demonstration that day?

    Unless, LE asked you not to.

    I watch my grandkids on Youtube all the time when they are involved in some special performance. They live many miles away, and that is one internet feature I appreciate. It just strikes me as odd there is nothing (not that I can find out there anyway) uploaded from Skyline that day.

  25. grasshopper says:

    Max has done an article on the scheduled hearings. mostly rehash of Terri’s part in the case of course.
    http://www.oregonlive.com/portland/index.ssf/2013/07/hearing_set_for_july_30_on_pen.html

    I am curious about one item. fist three are hearing status checks, then hearing motion, then hearing abuse prevention. so what is hearing motion? what motion?

  26. sam hawthorne says:

    hey blink, could either you or Lea Conner explain what “hearing abuse prevention” might mean?

    It is the contesting petition ( earlier motions to be heard) on behalf of the respondent for the current restraining order against TMH.
    B

  27. GraceintheHills says:

    GeorgiaDad, at least initially, LE was not able to rule TH due to her alleged alibi for part of her time that morning. Iirc, she said she was driving baby K around for almost 90 minutes before finally taking sick baby K to the gym. Don’t know if LE was ever able to validate these times by looking at surveillance cameras.

  28. cd says:

    Rose says:
    July 25, 2013 at 1:55 am
    TY Grasshopper.
    Looks like judge kantor has “consolidated” 3 cases: RO, divorce, Desiree Civil, and will handle the 2 Stays and the RO challenge briefs altogether, in say one hour. Let’s try a smiley face here.
    Gets Desiree & Terri into the same Courtroom.
    I expect further stays becaise Advisor Kelly’s fundraising site is quiet.
    ————-
    I understand how the RO and TH and Kaines divorce are related but I don’t understand how legally the RO/Divorce and Desiree’s tort suit are related. Why would Desiree have any legal interest in whether Kaine and Kiara need to be protected from Kiara (RO) or the distribution of the Horman assets since IMO Desiree is not part of Kaines extended family anymore.

    I understand Desiree has an interest in sticking it to TH to get her to talk but I can’t see how this translates into having Desiree participate in TH and Kaines legal maters that do not involve her.

  29. grasshopper says:

    another item has been added to the court calendar.
    Young Desiree/Horman Terri MCR 7/30/13 9:00A THXK 544 JUDGE KANTOR 120606956 Hearing Status Check

    that 9 o’clock hearing should be a dilly. also if you put house in the attorney’s link, he’s down for 3 items! can’t wait to see him in action.

  30. albaLass says:

    so… I just went over to the dark side and looked at the Anti Terri Horman Facebook page – and I think my eyes are actually bleeding.

    Anyhoo – maybe its all bravado – but there is talk of some sort of vigil at the courthouse. So I just wanted to say, if anyone is thinking of going, please be safe and take care of yourselves.

    Albalass.

  31. January says:

    I’m sure several people here have already read this article.. but for those who haven’t..

    http://www.oregonlive.com/portland/index.ssf/2013/07/hearing_set_for_july_30_on_pen.html

  32. Rose says:

    Here is the extent of the DA’s new information and look see for a SZ:

    “….said in court papers that the Sheriff’s Office continues to receive and follow up on tips…..”.
    http://www.oregonlive.com/portland/index.ssf/2013/07/multnomah_county_prosecutors_m.html#incart_m-rpt-2
    Bet there’s a whole FB page devoted to ginning up “tips” to keep the investigation alive.

    Likely “the Witness” was O’Donnell. Who was the mcso guy in the Guisto investigation papers online that
    had had it in for an exwife and acknowledged it affected his work at the time?

    Who volunteers to sell Kantor the Brooklyn/Weiner Bridge.

    This liberal is more than ready to see the Tea Party take over elective OR State & Portland Offices: Gov, AG, Judiciary, Sheriff….. Even Texas looks to have less overt cronyism.

    Ok, I can’t let the Weiner Bridge go by un- noticed, lol.
    B

  33. grasshopper says:

    new article, this one about the prosecutor objecting to having bobby o’donnell deposed.

    The article also says all the status updates will be in chambers “according to court records”.
    http://www.oregonlive.com/portland/index.ssf/2013/07/multnomah_county_prosecutors_m.html

    there are two attachments to the article
    http://media.oregonlive.com/portland_impact/other/multnomahcounty.pdf
    http://media.oregonlive.com/portland_impact/other/district.attorney.pdf

    Where does it say anything will be in chambers? It all gives the courtroom number. Guess those new leads didn’t work out after all.

    BTW vw already has a great comment posted to this latest article in the oregonian!

    A grand jury has been extended several times for this matter? If investigative information could jeopardize an active case- why should it be allowed to be released to facilitate a civil matter?

    PRIOR to the gj. Seriously. In chambers? In any other state, the press is filing their butts off to maintain public hearing status.
    B

  34. Rose says:

    get this (same url): “Engel said Terri Horman has a right to request and have a hearing on the renewal of the restraining order. But he argued in court papers that she doesn’t have the right to seek investigative records while the couple’s divorce case has been placed on hold because of an ongoing criminal inquiry.”

    So it seems to me the evidence contested in the RO Hearing has to be very very narrow. Not the entire investigation, methods, etc…but solely what did O’Donnell, Moawad or other govt official say to Kaine and Counsel That Day ( or just before) to precipitate RO appl and provide its basis wrt abduction and mfh. Just very narrow…the LE words relied on in the RO. Not the rest of it.
    ********
    The RO was poor judgement, overreaching, unnecessary.
    He could’ve walked with Kiara; filed for divorce; called CPSD.
    CPSD would’ve had Court place Kiara with him, monthly supervised visits for her.
    agreed to monthly supervised visitation. ADA in charge of RO brainstorm needs a
    diff line of work or better supervision. There were better ways to skin this cat.

    This judgment of le/da reminds me of the County Attorney sending Manhas packing. Unnecessary
    overreaching. I’d have gotten a confidentiality agreement & kept her on.
    Given her one meaty project at a time to better monitor
    performance, & supervised the daily heck out of her, holding her work accountable.
    Probably not possible bcz imo it all started in May with
    her boss’ arrest, acting out re a similar family scenario.)

    I think these punitive overreachings by DA & Staton types happen
    mostly where there is good ol boy cronyism coverups at work.

  35. wpg says:

    “Kyron Horman case: Lead investigator, estranged husband object to subpoenas”
    http://www.oregonlive.com/portland/index.ssf/2013/07/multnomah_county_prosecutors_m.html#incart_river_default

    Blink,

    You asked a question a few weeks ago on July 3 at 9:16am, to which I typed a response but decided not to post. However, I did save my response and in light of the newest OLive article lined above, I’m posting your question and my response from early July:

    (Blink’s question)
    “Has it occurred to anyone that Houze has level interest in deposing the hearsay portions of the RO to create/develop/preserve a record for TMH litigative remedy interests?”
    B

    (my response)
    Sure, I can consider that.
    I can also consider that he, as a criminal attorney, may want the depositions to see what obstacles exist, if any, in the ability to preserve his client’s freedom.

    ____

    Back to the present, reading today’s newest OLive article has done nothing to alleviate my worry that the legal dance may continue and that TMH may still not testify or provide deposition in contesting the RO if she desires to have contact with her daughter.

    imo, the Motion to Quash the subpoena for LE Investigator Bobby will be granted. Also imo, Bunch/Houze fully anticipated this.

    imo, TMH has the right to ask KH what he has to support his claims in the RO.
    imo, KH has the right to expect TMH to support and provide to the court why she believes the RO is unwarranted and that she should be able to have contact with their daughter.

    Poor Kiara and poor Kyron.

    Agreed 1000% WPG. Although I reserve the right to change my mind upon reading the actual motions and subsequent responses that are NOT currently part of the court file, but Ms. Bernstein is partially privy to.

    And I don’t believe that O’donell deserves a pass if he is the source of the RO allegations, but I can see kantor giving him one. Didn’t he ask to be removed around this time?
    http://www.gazettetimes.com/news/local/woman-jailed-on-charge-of-slapping-deputy/article_1adbf5e0-f952-11e0-9be0-001cc4c002e0.html

    B

  36. T. Ruth says:

    @Rose

    A document I hadn’t seen before, thought you might be interested in.
    A list of employees from the DA’s office working on Kyron’s case in the beginning:

    http://www.wweek.com/portland/blog-980-kyron_horman_update_das_expenses_mount_in_search_for_missing_boy.html

  37. Rose says:

    @TRuth. Right — Len Gossom was called lead Kyron Detective in June 2010 in a press conf. Also he was #3 in overtime $ behind Diane & Jan that month ($17,000 xtra for less than 30 days). So how by mid-July did Bobby O’Donnell elbow him down the lead Detective pecking order? My guess is some MCSO Supv (or ADA) decided he’d “bonded with Kaine” and could work with Kakne more easily than Gossom. Or was more flexible re tactical strategies

  38. grasshopper says:

    If you all are right and Kantor is able to maintain his roadblock against anything moving forward with his usual excuses, there is no hope that kyron will be found unless by accident by a member of the public, no hope that Terri will see her daughter again or get any portion of marital assets through a divorce, and kiara will never see her mommy again. Kaine will “win”. DA will continue to “investigate” until hell freezes over. All with the blessing of (apparently) existing law. Unless Terri’s attorneys have an idea, it’s over for her. DA doesn’t appear to have the slightest idea who else might have been involved or even interest in such a concept. “The press” has no interest either and has failed the public by not calling attention to the abuse in this case. overreaching with the RO? apparently not. it stands.

  39. erose says:

    so this case has criminal wrongdoing by various individuals…

    “Deputy O ‘Donnell’s testimony concerning evidence of any potential criminal wrongdoing of various individuals uncovered during the course of the investigation could jeopardize any future prosecutions and reveal the mental impressions and opinions of prosecutors and investigators alike.”

    http://media.oregonlive.com/portland_impact/other/district.attorney.pdf

    the mental impressions of the work product extend to privilege of prosecutors? Can someone please to splain how giving information to provide a basis for a restraining order to a private citizen is work product- under the work product doctrine?
    Just wow. MCSO and the MCDA are the new “Under the Dome”
    B

  40. January says:

    Off current subject. Thinking about who besides a child may have seen Terri leave the school alone. Could it have been a bus Driver? Weren’t the busses arriving about the same time Terri was leaving?

    I believe the last bus arrives at 8:35am
    B

  41. erose says:

    My bad. There is only the potential of any criminal wrong doing of various individuals.

    “Deputy O ‘Donnell’s testimony concerning evidence of any potential criminal wrongdoing of various individuals…”

  42. Rose says:

    I believe the RO contested hearing is in the afternoon because Kantor knows full well he’ll continue the 2 Stays on 2 Civil cases in am after hearing “in chambers” from Staton (the Witness?) and ADA. As Desiree apparently was assured prior to her no talkie no Kiara post on FB.
    I predict in the afternoon evidence submitted by Kaine will include Kaine & Desiree’s oral testimonies they believe Terri is a danger to Kiara based on her “refusal to talk” about Kyron, without calling LE. It may be opinion, but the Judge will give it enough weight to continue the RO. The Judge will not enforce the subpoena on Bobby in the grounds of the morning stays for investigation’s protection.
    ****
    WWeek has done a nice job on Cogen coverage (really forcing OLive to report on it). Its a shame they deepsixed Kyron coverage after being branded not a team player & ousted by Kaine.

    Link:
    http://www.wweek.com/portland/blog-30438-multnomah_county_chair_jeff_cogen_admits_to_affair_with_county_health_department_official.html
    B

  43. Rose says:

    nice $750,000 judgment by a Federal jury in Roseburg against their police dept & chief for harming a PO’s future employability absent a due process hearing. Facts pretty much replicate Manhas’ termination. But it is applicable to Terri – best remedy against MCSO being in Federal Court with the hook being their actions (press, Court, etc) impaired her employability in the profession. Fact on her side–license renewal that Spring showing intent to work.

  44. Rose says:

    Kaine states in press conf his conclusion stated in the RO was based on cumulative briefings.

    “During the news conference, Kaine characterized coming to that conclusion as “a point in time decision” that was made after he received a lot of information from authorities. “http://www.katu.com/news/local/98077834.html?m=y&smobile=y

    Pitkin portrays Frink as the lead DA. Pitkin’s writing is so gifted, and his analysis so incisive, idk how WWeek could’ve laid him off for lessor mortals. Cogen would’ve been outed ayear ago imo,in lovely prose. http://www.wweek.com/portland/m/article-12305-mobile.html#_Article

  45. Rose says:

    The fact O’Donnell’s conclusion forming the basis for the RO
    is a nothing more than his “mental impression” needs to be in evidence.
    BTW mental impressions based on evidence are jury issues. LE
    issues are the underlying evidence.

    I agree but as it relates to that motion- privilege does not extend beyond the client attorney relationship, period. That is not created between a LEO, or a prosecutor and a witness. It is ridiculous.

    What’s next? I am a a shareholder in any commercial I watch?

    B

  46. T. Ruth says:

    Does not the inclusion of the word potential in Engel’s argument, undermine the argument itself. If there are only “potential” criminal wrongdoings, then how is it Kaine Horman is granted an RO?

  47. T. Ruth says:

    http://media.oregonlive.com/portland_impact/other/district.attorney.pdf

    Sorry, I mean the ADA’s argument, which is supposedly the basis of Kaine’s RO. How can there be a risk of further abuse, if in fact, there was only a potential of abuse in the first place? Either there was abuse or there was not.

    I agree with Rose the morning cases, (in chambers, no less) will be stayed and that is why they were scheduled before the contesting of the RO. No way does the prosecution want Kaine, TY or DY deposed regarding the Kyron case.

    I read this again. I think it has more to do with the fact that there is a concern that investigative tactic will be revealed as false, than anything. They are protecting the right to use bullchit to advance a case regardless of whether or not it frames a suspect to the end goal. I note Houze was not served individually.

    This has everything to do with creating one potential criminal incident our of 2 to save face, imo.

    B
    It will be interesting to see what happens in the afternoon though.

    Anyone notice the “protection of witnesses” seems to have disappeared in this new filing?

    http://media.oregonlive.com/portland_impact/other/district.attorney.pdf

  48. T. Ruth says:

    What I still don’t get is the ability for MCSO/DA’s office to intervene in the Horman’s divorce. I understand the interference into the FAPA, because the FAPA is based upon information they allegedly gave Mr. Horman, which resulted in him filing the FAPA. But the divorce? Division of assets and custody? I don’t get that at all. I still don’t see how they are getting away with such interference. And, I also don’t see why they are interfering in the divorce in the first place. IIRC, Judge Meisenheimer originally abated the divorce case (requested by Kaine Horman) based entirely on preservation of Terri Horman’s rights, so where does Kantor come off saying that nothing has changed since the original stays? Ms. Horman now wants to proceed with the divorce case, Kaine Horman does not. I’d call that a huge change since the initial stay. No status-quo here. Should Kantor decide to stay the divorce case again, then shouldn’t he be offering up a different reason?

  49. erose says:

    My point exactly. So friggin’ misleading, it’s a non-sentence. Nonsense, for short.

    T. Ruth says:
    July 26, 2013 at 1:09 pm

    Does not the inclusion of the word potential in Engel’s argument, undermine the argument itself. If there are only “potential” criminal wrongdoings, then how is it Kaine Horman is granted an RO?

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