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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@TRuth
Good point! It seems the the entire population of the world might potentially commit a criminal act!
I look to the money trying to “find Kyron,”
whether the mcso personnel budget or gofundme.
In that spirit I found the KHF site and
maybe it’s only mobile use that makes it appear
lame.
http://www.thekhf.org/
Please note “mission.”
imo this type of mission statement and activity
was necessary to gain and keep tax exempt status.
And, past initial donors whose intent was to “find Kyron,”
well I doubt they’ll sue for fraud.
in response to watching grandkids videos on u-tube: i live some distance from my grandchildren whom i adore and watch many videos of them online but never never on u-tube! my children have private facebook pages and they post there, or they send me video via e-mail or picture messaging on my phone. that way only their “friends” and the nsa can watch them. in the days of so many child abductions and so many pedophiles “gratifying” themselves by looking online i would be horrified if they were posted on a public site like u-tube! no offense intended to those readers that do use utube.
The documents state the O’Donnell was lead on Ky’s case for 18 months. So he took over in mid July 2010? If so, then he was lead until sometime in January 2012? Am I doing the math right?
The first 18 months
B
objectively speaking, information on this site
is evidence of finanicial interdependencr, and incentivization,
between KH’s i terests and mcso’s. http://www.thekhf.org/
@Blink. as you say, no privilege attaches as work product to info disclosed by LE to a citizen for the purpose of using it as basis for an RO. The info is already public, to be tested in challenge.
But I keep remembering Aloha Attorney’s assessment of Kantor. And agree.
And imo an appeals Court will give great deference on matters of fact to the trial judge.
The only hope on DA/Kantor/Staton’s axis of righteousness
is next election, and they have $, Dems, and incumbancy.
Well it may shock you to know that not everyone thinks I am right in matters of law- LOL.
Bottom line is the end goal here. What are Bunch/Houze/Wagner attempting to accomplish in this adverserial tug of war next Wednesday? What is zealous these days in representation?
B
I made a visit to the file room today and got lots of goodies. Had them printout the list of all “events” in each case number, RO, divorce, civil suit. some very interesting stuff here, including how max always has the dope.
https://dl.dropboxusercontent.com/u/10147993/data%20base%20listings.pdf
this includes all the documents concerning the contest of RO. all were in that case number. Although I have not had a chance to look closely, I did notice that all the motions involving depositions of Kaine and LE/DA were not dated and entered in the file in the usual way. however that’s where they were when I got there. It seems that MC people are really scared of depositions.
https://dl.dropboxusercontent.com/u/10147993/Contest%20Restraining%20Order.pdf
Blink, t-ruth etc.
Regarding: Stores, video requests, etc.
http://www.katu.com/news/local/99151549.html
(Do watch the vidio on this one, too. The talk from both sides about wanting OR refusing to give-out the “tactics” used by Bobby, etc. One of those tactics is obvious here – i’ll bet Houze kept this video with the statement by one of TMH’s friends about LE’s “chat” with her).
Anyway… snipped from above site (notice they never said TMH was seen at Albertsons, (IMO Albertson’s was just over-eager to help. It is a LONG way from the Sunset FM and would take a very long time backtracking. Too bad it wasn’t that store, though, for her timeline. Not much chance for any questions regarding filling-up the hour that is missing, according to LE).
“According to multiple sources, Terri Moulton Horman claims she left Skyline School at 8:45 in the morning without Kyron the day he disappeared and that between 8:45 a.m. and 10:10 a.m. she ran errands at local grocery stores and can prove it.
As KATU news first reported, at least two stores, the Albertsons on Hillsdale Highway and the Sunset Fred Meyer, are cooperating with investigators. The Albertsons confirmed it turned over surveillance tape to investigators in the case.
Between 10:10 in the morning and 11:39, Terri claimed she drove her daughter Kiara around on rural roads in the family’s white truck because Kiara had an earache. She claimed she was trying to soothe the toddler with the motion of the vehicle.
Early on investigators made a request of the public for any video they might have of the white truck traveling on specific roads through Northwest Multnomah County and portions of Washington County.”
Here’s another regarding vidios, snipped from a generic q/a session with MCSO….
http://www.katu.com/news/local/99143584.html
Question “Video has been requested from local businesses as well as from members of the media – Has any footage been recovered and if so did it yield anything that will be helpful to the case?”
Answer: “We have recovered many photos and video footage. We will not be able to comment on their evidentiary value. We continue to ask individuals in possession of photos and video surrounding the Skyline Grade School event on June 4, 2010 to provide that to investigators. We continue to ask the media for their assistance and support in this investigation. The photos and videos that have been provided by the media have helped further the investigation process.”
I’m trying to find the one where a newscaster said, iirc, that they had to give a bunch of videos to LE, so they didn’t have them anymore.
vw- She was at Albertsons.
B
My guess on end goal is creating a record wrt mcso so some civil rights cause of action (&/or employment tort) can be filed in Federal Court against mcso. This whole mess needs to be in Federal Court due to local cronyism. Probably why ER, atty, was roped in. they need to go on offensive in Federal Court. The repetitous DA, MCSO stay affidavits, O’Donnell’s refusal to be deposed, “the Witness,” get the vigilantes following her on camera, the neverending grand jury. MCSO reprs made countless public statements wrt to Terri to the media, but refuse to do same under oath subject to cross. This is the ordinary stuff of trials these Judges have stayed. If DHS wanted to remove a child & bar visits, it has to occur in a trial, with the officer involved under oath subject to cross–while the investigation if any is ongoing. Gov’t can object to questions as needed & Judge rules. What DA & MCSO are trying to stay is a hearing that really is very ordinary. They are depriving her of civil rights as an accused without due process.
I am very confused at the interjection of the county atty in the first place- I suspect their may have to be a LE/union issue at hand?
B
just came across this on something called http://www.electronicpoems.com
“Kyron Horman Will Someday Be a Basketball Star” by Bob Rich, a poem for the missing youth Kyron Horman
When you’re seven years old and a child, the world always shimmers with wonder
The shining nightlight of the moon, the sky’s rumbling sigh when there’s thunder
Adults are as tall as zoo elephants, and trees are like geysers of wood
Cars are like spaceships from Star Wars, that sail through the whole neighborhood
For seven year old Kyron Horman, the journey of life’s just begun
Yet somehow he’s briefly gone missing, inside of Portland, Oregon
He goes to Skyline Elementary, where he plays basketball with a grin
He dribbles the ball with excitement, while the net brightly sways in the wind
But soon we will find this boy Kyron, and we’ll see how resourceful his town is
His red-eyed tree frog science project, is the start of how he will astound us
He’ll come back and play Knights and Dragons, he’ll swing up to the clouds on a tire
His bright eyes will soon see his mother, and her joy will have never soared higher.
Learn more about Kyron Horman:
http://www.helpfindmychild.net/kyron-horman
- See more at: http://www.electronicpoems.com/#sthash.s7y4xoGl.dpuf
Grasshopper, great job, and I would just like to point out according the docket, the fapa motions and hearing are cancelled as of 7/26/13
At least in 2002, it appears Lee Gosson was head of the Multnomah County Child Abuse Team, it’s weird, that if MCSO thinks Terri somehow abused Kyron that he did not remain on the lead of Kyron’s case. Hmmmm? Wait a minute, this was from a PPB announcement, is Gosson former PPB? http://www.portlandoregon.gov/police/pbnotify.cfm?action=ViewContent&content_id=274
This Press Conference, was announced on July 22, 2010 and slated for July 27, 2010 and supposed to include Gosson and Moore, there to answer questions:
The Multnomah County Sheriff’s Office would also like to announce that a press conference is scheduled for Tuesday July 27, 2010 at the Hanson Building located at 12240 NE Glisan Portland, Oregon. The exact time for this press conference will be announced by Friday July 23, 2010.
Present at this conference will be Chief Deputy Tim Moore and Lead Investigator of the Kyron case Sgt. Lee Gosson. The purpose of this press conference will be to provide an update of the case.
http://www.facebook.com/note.php?note_id=133973486640084
but….Gosson did not attend:
Good afternoon, I am Multnomah County Sheriff’s Office Captain Monte
Reiser. Joining me today is Chief Deputy Tim Moore, Kyron’s Mother,
Desiree Young, Father Kaine Horman and Stepfather Tony Young
http://www.kyronhorman.com/wp-content/uploads/2010/07/Sheriff_office_HormanPress072710.pdf
So, I’m wondering is this when Gosson left the picture sometime between July 22 and July 27 and O’Donnell took over?
T.Ruth- excellent question. I did not realize Reiser and Moore were right up in it. I dunno when O’Donell took over but I do know that he lacks the specific training for such a case, imo.
B
@Christina, that happened sometime between 2 pm and when I too checked in the evening. It’s obvious to me that DA/LE are terrified of depositions of themselves so went to all the trouble to file a protective motion for Kaine. Late last night tv news coverage (KOIN) presented a totally distorted report, claiming that Terri wants investigative documents from LE, not a word about wanting justification for the RO. One of the items on docket eliminated is the protective order and the other is the contest of RO. can the judge really rule on those without a hearing? I’m very confused.
grasshopper- I did not see the coverage, but I am familiar with the basic content in this case. TMH is seeking any investigative docs that support basis of the RO- mainly because it is proper. but secondarily, they are proving that the allegations are hearsay based on formulation of investigative tactic, as opposed to corroboration.
In short- if O’Donnell gets a turn on the hot seat, we are going to learn that he used deceptive tactics, which in context, are going to put on the record that the investigation was a hot mess from day one, and he asked to be removed. Should those tactics include lies to kaine to facilitate the ruse – this becomes a clear and unambiguous alienation/custodial interference issue.
B
now isn’t that something.
@grasshopper
Great job. Just a couple notes. Regarding the media, I think the notation is merely in reference to the joint media attempt (successful) to get the original divorce and FAPA documents released after the DA sealed them. It’s under “public interest” Oregon law that they can do that. Unless I missed something?
Also, did you happen to see the Response by Bunch to Rosenthall’s Protective Order? It’s listed in the docket but I didn’t see it in the documents.
I’m just amazed at these lame redundant Engel’s arguments. We now have the dreaded “GRAND JURY” (which the DA’s office controls) as the new and revised “Investigative doors Opening” of the suit and “Arrest – any day now” of 2010.
Well, Wagner effectively “won” the suit anyway. Even without getting reciprical testimony. DY’s FB entry of “no talkie, no Kiara” assures such.
And it’s obvious that Engel’s can’t play the “TMH never fought for Kiara” game much longer.
Here’s info on the newest ploy to influence…what a “grand jury” really means and how it is influenced.
The “jury shop” ability of Underhill’s office is pretty scary in terms of constitutional rights.
http://www.osbar.org/publications/bulletin/04jul/secrecy.html#
Ran across this dude this morning in looking at one of Gosson’s arrests. Weird that there is zero out there about this guy and whether or not he ever went to trial, was acquitted or found guilty or charges dropped or what? I can’t even find the original report at the O anymore, and there was one. Whenever I find something like this, it makes me wonder if this case led to another or more and if this dude was perhaps offered a deal to divulge information. Or, does he have connections and this was just swept away? The first link has a photo.
http://digitalcollections.lclark.edu/archive/files/0a67d59d4006bf9ee4fa85f3144910d4.pdf
http://www.covenantnews.com/newswire/archives/015966.html
occurred to me that maybe the cancellation is because one item in protest of LE depositions is terri being in a hurry, not waiting until end of stay. of course the stay ends the next day, and it was the judge who scheduled the day before. intentional? I hope they reschedule within a few days.
Christina Stoy says:
July 27, 2013 at 10:49 am
Grasshopper, great job, and I would just like to point out according the docket, the fapa motions and hearing are cancelled as of 7/26/13
*********
OMG, what in the heck is going on in this case?
I wonder if they’ve taken it off the docket and moved it somewhere else because of the threats of some sort of vigil at the courthouse?
Maybe it’s going to be done a some secret location? Probably a good idea, actually.
idk why DA is listed under “Plaintiff” in divorce case but not in RO.
There DA was merely an Intervenor on issue of sealed or not.
Since am is attorneys only, no reason for Desiree to appear at RO
Challenge now “to speak” unless Kaine subpoenas her. Imo Desiree is
NOT motivated yo move her case forward or she’d insist on her right to
be present in Chambers, ditto Kaine.
It seems to me outrageous anyway Judge would require Defense to prepare
for 3 cases to be heard same day–and ones if such consequence.
Interestingly, Kantor got Desiree’s case styled
a Complex case — her tort on its own merits — prior to
TMH having permanent Counsel. Bunch had only entered a Special
Appearance. That finding by Kantor allowed Kantor to “take over” the other 2 cases
the following Dec. That Complex case finding was done early on in Desiree’s case, and imo could
easily have been a primary purpose of its Filing.
*****
While reseaching local volunteer opportunities for those
with free time to make a difference with mcso etc, I stumbled over
the Mult Cty Dem Party Volunteer of the year has on her FB page
that she’s a Kyron supporter. So I wonder is some of this LE/Judicial/
attorney vendetta in part driven by Party relationships where people are
just covering each others’ backs. And, Unions. We know Herron is the Union repr.
Well, grasshopper’s documents say “cancelled”, so I guess it is. Very weird goings on, lots of cancelled, cancelled, cancelled. Who is doing the cancelling?
(Thanks for the doc, grasshopper!)
Double teaming?
Asst City Atty assigned is another Lewis & Clark grad like Rackner.
http://web.multco.us/county-attorney/office-staff
He is NOT with DA’s Office but represents Multnomah County itself.
http://media.oregonlive.com/portland_impact/other/Sonia%20Manhas%20resignation%20letter.pdf
A former case shows him as 1 of 3 lawyers representing MCSO when one
of the Deputies punched out an arrestee’s head while imo in a safe environment (the Office,
surrounded by other Officers)
FYI
http://www.kgw.com/home/Kyron-Horman-stepmom-to-fight-restraining-order-217121081.html
Very weird.
Portland Local News
FBI eyes ‘Portlandia’ uber-recycling sketch
http://www.kgw.com/news/local/FBI-eyesPortlandia-uber-recycling-sketch—212484131.html
Of course my mind went to Skyline’s Green program and the containers they used there. Creepy thought I know.
Just finished reading through all the documents concerning the Contest of RO renewal. Noted some interesting (to me) things
1. O’Donnell’s objection to doing deposition says he conducted numerous interviews with Terri Horman. So much for her lack of cooperation! All the rhetoric about continuing investigation and wanting to protect investigative tactics (lies?) makes no mention of Terri Horman being suspected of any wrongdoing of any kind. all is general. no mention of murder for hire, certainly no mention of “probably cause” on which RO is based.
2. Rees’s objection to O’Donnell being deposed is more of the same. general ongoing investigation, protective investigative tactics, they haven’t given up initiating criminal prosecutions arising from Kyron’s disappearance. grand jury ongoing. No mention anywhere of Terri Horman as suspect or evidence of wrongdoing. no mention of murder for hire. no mention of “probable cause” that the RO was based on. Does include this meaningless sentence: Dep O’D'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 iimpressions and opinions of prosecutors and investigators alike.” ha ha ha ha does that mean it might make them wonder if the whole thing is a crock?
3. next on is listed as “multnomah county’s motion…” not just a person but the whole county. not really some guy named Calandriello who is “senior assistant county attorney of attorneys for multnomah county.” can’t tell if that means he’s part of DA or part of some professional group. says many of same things as others but cites cases. this is cute, talking about o”d: In his capacity as lead investigator Dep O’D interviewed REspondent and other individuals and oversaw the compilation of information regarding the disappearance of the missing child and the investigation into WHETHER (caps mine) any crimes had been or were being committed.
and this “…testimony would pose a serious risk of divulging the techniques and strategies used by law enforcement for gathering information in the preesent case, as well potentially revealing the mental impressions and opinions of both the police and prosecutors.” I wonder if that means custody interference, stings, lies, etc. again no mention of murder for hire. no mention of TH in relation to wrongdoing, let alone violent and/or criminal activities. only that she was interviewed by O’D
4. Read Bunch’s statement for yourself. short and sweet. asks for documentation of reason for RO (I think that page ended up a few pages later in stack of documents)
5. motion for protective order for kaine to not have to be deposed. there is no reason here why he shouldn’t be deposed. nothing. only that the stay isn’t over (1 day) and that if he is deposed, she has to be too, though he made the charges so what’s the deal, and he wants court costs. again, he made the charges against her. This sentence is in motion: “Mr. Horman’s FAPA Order alleges that (a) he believes Ms. Horman is responsible for the disappearance of Kyron, and (b) Ms. Horman attempted to hire someone to murder Mr. Horman.” firsttime MFH has been mentioned. I don’t understand how this can really be a motion. the front page asks for a 30 minute hearing on the subject. what is there to say? He doesn’t want to talk! This sentence is also interesting: “It does remain to be seen whether the Mult Cty DA asks the Court for an additional stay.” I thought DA was not a part to this? why are they dictating stays?
That’s what I came up with. Don’t see any reason why the depos shouldn’t go forward and Contest hearing held. I don’t see why there should be a hearing on Kaine’s protective order. If he gets that, Terri should make a motion for Mult Cty to Shit or Get Off the Pot (pardon my french).
@vw, don’t see a response from Bunch to the protective orde motion, but really what can he say? There is no reasoning in the motion to address. just the usual ongoing investigation thing and K’s accusations of Terri, not a whole lot different from any disgruntled divorcing husband, I did notice that neither Rees’s objection nor Calandriello’s objection to O’Donnell being deposed made any mention of Kaine and their objection to him being deposed. maybe they are shy about putting such crap in writing.
I’m sorry for my deteriorating language, but this stuff really brings out the expletives in me.
forgot to mention that media thing. yes I think you are interpreting that correctly. I found it baffling myself so appreciate the explanation.
as if you haven’t heard enough from me today, I have a new thought.
The whole gist of the documents filed by DA’s office (3 declarations) and Kaine’s motion for protective order is that nobody wants to provide detail to justify RO. Now both hearings involving RO are cancelled. What if they are going to drop the RO?
I considered that- it would not surprise me at all that the parties agreed to something but i would be watching the docket closely.
B
@TRuth. that portlandia url fbi request for clip said they want to use it in Advanced Intelligence training.
Meaning (per video content) has the trainee the intelligence to sort by color?
Actually Portland is behind; single stream recycling is the rage now.
I recall @ a private school the Secret Service for a veep’s relatives stationing
their hispanics & women in outdoor jobs, these Portlandia Sanitators remind me of same.
So maybe it’s an fbi training video for those employee typey job roles.
Anyway, how did all the
Green recycling get picked up at Skyline (apart from cafeteria pig slops)?
Reasonable that an abduction would be tied to a routine & purpose for presence (like that Ohio
bus driver).
Just thinking about this latest development, why wait til Friday?
I’m wondering if Houze/Bunch/Wagner waited until the last minute Friday, knowing nothing would be done over the weekend, to cancel? IDK, it has all, since day 1, well not quite, but close to day 1, that this all about strategic legal moves between all parties associated with Kyron: Stepmom, bio parents, PPS & Skyline, LE, and don’t forget step-dad, LE.
Who would benefit from such a legal move? Did the relevation that TMH may testify cause someone else panic?
Where is Kyron?
@grasshopper, blink
Thanks.
Probably won’t happen, but if this judge is looking at the future, he will look at these motions as to what they really are. A fear of the public realizing that Bobby never had a case once they tunnel-visioned TMH.
And if he is reasonable he will realize that he can require depositions that target ONLY TMH and the accusations against her that support the FAPA.
Why would Houze and Bunch want anything else? It’s not like they want every one of the multitudinous binders dissected. Those are just for MCSO protecting their OT use. They could care less.
They want two questions answered:
1.Can you prove TMH hired a hit man, or solicited one?
2.Can you prove TMH premeditated and carried-out a plan to remove Kyron from Kaine and Desiree’s life in any way?
If they can’t prove it, say so. Let TMH go back to being a mom to her daughter and carry-on your enormous investigation. Once you CAN prove the above, arrest her.
Actually VW, while I agree with you in theory, the basis added is that TMH is being investigated for violent crimes. So that being verified by someone would be the burden as well. Now, the Judge must weigh the possibility that anyone can be investigated for anything at anytime- the bottom line is does that or whatever else serving as basis affirm or negate the need to continue the RO?
B
Why hasn’t Bunch subpoenaed RS?
Le refuses to release his contact information at last request, but I presume they are looking to get the info they need directly from O’Donnell. I don’t think it is an accident he is the investigator they chose to compel.
B
Rose says:
July 27, 2013 at 10:48 pm
Yeah, good question about all the other recycling. I know the woman across the street @ the church fed the cafeteria scraps to her pigs, and I believe someone else took some for their chickens, unless it was the same person. Her name is NOT on the list as being there that day, so I’ve asked all along, who picked up the kitchen scraps that day?
Who picked up the recycled paper, plastic, etc? Was it done once a week? Which day? Where is it all taken? I’ve never heard the answers to these questions and the FBI looking at that Portlandia Spoof, made these questions pop into my head again.
How did Kantor’s name show up in the beginning documents? I thought it was Meisenheimer’s case in the beginning?
@vw
I was wrong. Bunch’s statement in the stack of documents IS his response to petitioner’s motion for protective order regarding discovery. very succinct
grasshopper says:
July 27, 2013 at 7:31 pm
This sentence is in motion: “Mr. Horman’s FAPA Order alleges that (a) he believes Ms. Horman is responsible for the disappearance of Kyron, and (b) Ms. Horman attempted to hire someone to murder Mr. Horman.”
*********
Uh huh, and it doesn’t say LE believes Ms. Horman is responsible, nor does it confirm that LE even gave Mr. Horman that impression. Hearsay. Yep. I truly do not see how a judge can base his decision on this crap. And your french is perfect, grasshopper.
Well he really put it back on Meisenheimer more than once, and more than one case.
B
The top has the currently assigned Judge.
Look down at the script for the changes over time.
@grasshopper, you know this Judge scheduled a recent hearing on a scintilla of notice. As Blink says,
a close eye.
Personally I think he’d scheduled the 3-fer on July 30 w/o getting all attorneys on board and
someone had a legit afternoon conflict.
I am under the impression with atty only in chambers scheduling conferences that everyone already knows what is going down and they will agree on further scheduling. If I were Bunch, I would not agree to cancel anything the Judge schedules because of the whole undue burden on court scheduling consolidation issue.
However, they need rulings to depose prior to the FAPA hearing. If they agree to some sort of settlement on visitation voiding the order, it would be in the court file immediately updating the FAPA as it gets sent to LE/Jail immediately. It is also public information. If this has occurred, two things happened- one, they won the argument you cannot stay a FAPA under the master case, and two- not likely either case will continue to be stayed, unless by agreement of all parties.
B
Information gleaned from the investigation including witness interviews, discussions with family members, friends, and other individuals, forensic examinations, and other intelligence gathering efforts are all documented and contained in the criminal investigation files.
http://media.oregonlive.com/portland_impact/other/multnomahcounty.pdf
I found it interesting that Calindriello refers to “forensic examinations”. Examinations of what? The Crime scene? (what crime?) The Truck? Something in the truck? Did they find something after all, or do they have something that *could be* forensic evidence, but could also be explained differently, such as a drop of Kyron’s blood from a scraped knee? IDK, just find it interesting that they apparently have *something* that was examined. Or would this also include cell phone calls or emails? Would that be forensic evidence?
Technically anything analyzed as evidence would fall into that category.
B
So if Carlos Calindriello is an attorney representing Multnomah County, does this mean the County is stepping in because they’re afraid of a lawsuit aimed at them?
Absolutely, with good reason.
B
@TRuth. the ppb child abuse team is made up of personnel
from multiple le jurisdictions, detailed.
“Le refuses to release his contact information at last request, but I presume they are looking to get the info they need directly from O’Donnell. I don’t think it is an accident he is the investigator they chose to compel.”
B
moo, if they really, really, really wanted to depose RS, “THE source” of the mfh solicitation allegation, the legal firms have there own investigative ways of finding him.
If, imo, there would likely have been anticipation of a responding Motion to Quash filed for InvestigatorBobby, the other route to fighting the allegation in the RO is deposing RS.
Not forgetting, of course, TMH, imo, should be in court denying and fighting the allegation if the allegation in the RO is a lie or based on a lie.
btw, doesn’t the burden of proof fall on the party that filed the contesting?
They could find him, of course, however, he has a level of immunity and testified before a gj, I believe they must seek that discovery from the State.
Like you, I would love to hear, out of her mouth, a vehement denial of everything that has been alleged or accused against her in all matters. However, I have to be honest here and state that would be an egregious violation of her rights under the constitution, and I think I have posed this question in the past as a general one.
If It were confirmed that LE expressly LIED to TMH, KH, DY and RS to advance the criminal investigation, not limited to but including the mfh ruse, her polly results, search warrants gleaned from similar behavior leading to surreptitious recordings and surveillances even though it is within their “toolbox” to do so, at least in the avenue of producing a suspect or evidence of criminal wrongdoing, would you (anyone) still be supportive of her subjecting herself to possible self incrimination?
How badly do we think LE wants to have an opportunity to justify this 3 year multi-million dollar investigation that has not produced a crime, suspect, Kyron, or a shred of physical evidence on TMH’s head?
I have been re-reading in the last few days the hot mess that is MCSO, WHILE this was going on. Imo, the DA should be very concerned most officer testimony will hold up in ANY criminal prosecution, let alone a FAPA or civil matter. It sincerely pains me to say this when there are children in the middle of this. One missing, and one growing up without her Mother with a Father who believes her Mother harmed her brother.
What if she didn’t? I don’t wonder why LE and the DA are fighting ferociously not to disclose information they FREELY gave to Kaine. I believe it is because it will lead to the conclusion that HE was given information that contrived to gain his support against his wife. If the DA had a case, the true and correct notion would be that they would not NEED to hear anything from TH to indict her. They are protecting investigative information that could implicate someone else then, as they state, other suspects. That, I believe. Kaine is a civilian. He is no agent of the state, and additionally, they had him act one against his own spouse which resulted in a dissolution filing. Both TH and KH would have substantive remedy against them outside of the defense of investigative strategy if true.
Sorry for the filibuster, but for me, it is not ok that public servants, bound by the very same constitution, can be permitted to hide behind their actions anymore than someone that would harm a child.
The burden to contest, is limited to basis for the order, unless the parties agree, so because we have a hearsay issue, technically, the burden will rest on both. I do agree that the rspndt has to be able to depose the affiants in order to get there, however, or there can be no basis for an RO under the law.
B
Sorry, I guess it’s Carlo, not Carlos.
Carlo Calandriello, Assistant County Attorney, BS, MS, Florida International University, JD Northwestern School of Law of Lewis & Clark College. Carlo represents the County in tort and civil rights litigation and other matters in state and federal courts. Carlo is fluent in Spanish.
http://web.multco.us/county-attorney/office-staff
Yep, note the civil rights and torts areas.
B
Sigh. And the Office had 2 consultants to mcso & a UVa grad.
…….
grasshopper, when you are cruising court jackets, would it be too much trouble to check the disposition of Daniel Symonds T Ruth mentions above?
I don’t think there was a deal for info; I wonder if it just went away. After all half the DA & County Attorney offices seem to have enjoyed his pastries while in law school.
He’s a Lake Oswego resident.
http://digitalcollections.lclark.edu/archive/files/0a67d59d4006bf9ee4fa85f3144910d4.pdf
@TRuth. Hope Carlos took note of the recent verdict against Police in Roseberg.
If I were representing the City, you bet your boots my strategic decision would
be to offer O’Donnell up and let the RO chips fall where they may.
The County’s legal interests are far from identical with the DA’s.
However, the precipitous Manhas dismissal shows stupid reigns in his Office, imo.
Thanks Rose, I was just wondering if that had anything to do with Gosson’s departure from the case.
**********
I just remembered this comment from one of the forums that had some SI residents on it and now I wonder if this was Gosson she was referring to:
Author: amarareign [ Fri Jun 18, 2010 9:04 pm ]
Post subject: Re: Kyron Horman
They are stating on the briefing that they have not found Kyron.
A good friend on the sherriffs department has just been told he is taken off the case. I feel like they have ALL the evidence. I also feel like it will come out by the end of the weekend.
http://missingpersons.phpbb3now.com/viewtopic.php?f=2&t=46&start=80&st=0&sk=t&sd=a&sid=765b64aef5fd3adab3ad061b9267688d&view=print
June 18, 2010, this was what? a week or so prior to the sting operation. If this was Lee Gosson she’s referring to, makes me wonder if perhaps Detective Gosson didn’t agree with that strategy and thus Bobby O’Donnell took over.
I wish LE or someone would start actually talking about wth is going on with this case.
regarding: “investigation was a hot mess from day one, and he asked to be removed. Should those tactics include lies to kaine to facilitate the ruse – this becomes a clear and unambiguous alienation/custodial interference issue.”
The County Attorney represents the COUNTY’S interests for employees acting in the course of their employment.
Imo O’Donnell is a fool not to hire & have his private attorney represent his personal interests wrt the deposition. Because if I were representing the County’s interests, I’d let him be deposed, chips fall where they may, & if it looks bad I’d later argue he was not following policy, procedure, training or acting in tge course of employment & fed him to his fate to protect my mcso client. He survived Guisto interviews, so probably doesn’t realize he’s in deep doodoo.
I cannot tell you how much this smacks of Steve Thomas, and the Ramsey case overall.
B
Feeling for Mr C wrt the position he apparently has been told to take wrt to O’Donnell depo, I’ll point out he made a brilliant marriage last month (as every groom should say, she’s too good for me), so it would be a great time to open a private practice due to income independence and escape an office where apparently politics decides outcomes.
@wpg. RS never spoke to Kaine. Anything he might offer wrt to RO is hearsay and would be excluded.
Yes, his testimony is relevant in the divorce, but not in the RO which is linited to who in LE told Kaine what
“mental impressions” that he relied & acted on.
agree with Blink
Kaine was the one who asked for RO, claimed he was told by LE that they had probably cause for MFH. even tho original info might have come from RS, RS did not tell K. My understanding of hearsay law is that source of it to K is the relevant one, thus O’D.
It wouldn’t surprise me if Bunch called the state’s bluff, and the deposition of O’Donnell is about verifying complaints alleged against his client to have kept her daughter from her for 3 years.
Good point on getting Calandriello involved, though why he is doing a declaration is a bit strange. It’s bad enough that DA is orchestrating case without getting DA’s ATTORNEY involved. However from the 3 declarations, you’d think they never had accused Terri at all. MOO is that they’ve thrown K under the bus.
Technically, they can’t throw Kaine under the bus for the LE-based allegation when they have interjected themselves as “party” to 3 different case numbers. They are on record they do not want Kaine deposed- however, I do note that there is no support for the FAPA case wrt the response from his subpoena for a deposition- only that the case is stayed through it’s consolidation of the master case. There is a response on 7/25 I note that apparently was not yet in the file.
I absolutely believe that kaine was a party to “tactics” and my short list for that is emails showing hate and Cook’s sexts. I would not put is past Bunch/Houze to lay the foundation to call Rackner, either.
But I also believe Kaine was a willing participant based on intel he was given, and subsequently believed, by LE without the benefit of criminal counsel.
What happens when all of this goes down but does not net a suspect or indictment changes the outcome and admissibility potentially, thus why I have always said they had better be sure there was a rabbit in that hole.
B