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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Here’s the thing wrt Kaine, Blink, my opinion only.
His attorney, the former ADA, is part of a DA grads
cronyism subjecture picture, whether or not in fact, certainly
past working relationship, along with Meisenheimer et al.
Kaine absolutely needs independent Counsel.
correction: “subjective”
old stuff from this thread circa 3/25/13ff re investigators (mine edited a bit for typos & sense):
Rose @erose. in vague outlines imo Reisor (an Elliott target) came from River assignments in the summer of 2010 to supervise (@ the Lt level) the Kyron investigation (and often meet press w/bios, and probably gave Kaine his sting/RO goods).
When the Task Force was formed in Fall, he returned to River patrol (now Civil Process or that too is over both), tho Elliott was there sometimes.
By task force time, tho probably before, Reisor’s longtime (at least 2005) River Patrol comrade in arms, Mark Herron, led the search for Kyron – certainly under the Task Force era under Krafve (with Reisor back on River Patrol) – and became the full time Kyron detective under the full-time Sgt Det Supv Krafve, with (is it 5?) part time Detecs per budget
grasshopper says:
March 25, 2013 at 8:12 pm
12/17/2003 how Krafve handled a drug trafficker case
http://www.wweek.com/portland/article-2761-swimming_with_sharks.html
and his bio
http://www.zoominfo.com/people/Krafve_Keith_279358313.aspx
March 27, 2013 at 11:42 am
See 5/12/11 Interrogation – Day 2 at 5:33 by kppr
http://m.catlin.edu/taxonomy/term/388/all?page=18
On this date Mr Herron is a line level Deputy assigned to River Patrol working under the supervision of Brett Elliott. He also is and had been “a” SAR Coordinator. This student (high school?) describes
Herron orienting him to interview techniques. This was subsequent to Herron interviewing a suspected burglar. In that case he went to the burglar’s (home?),
talked him into coming back to the Office with him to be interviewed (no Miranda warning),
and conducted the interview alone
Rose says:
March 27, 2013 at 12:36 pm
http://www.katu.com/news/local/121985859.html?m=y&smobile=y
Sgt Krafve is “the lead detective” on the dissolving Task Force. 5/11
now supervises the Detectives Unit, which has 10 Detectives and includes subunits such as Human Trafficking & Cold Cases
http://www.mcso.us/public/detectives.htm
Rose says:
March 27, 2013 at 1:14 pm
Ridiculously, Answering myself as to when Herron changed jobs.
Herron had been promoted from a River Patrol Deputy to a Detective in the Detectives Unit of Investigations by 08/12
http://www.koinlocal6.com/news/local/story/Body-found-floating-near-Steel-Bridge-IDed/CmUBHh5TGkyJHOJmA5wExg.cspx
T. Ruth says:
March 27, 2013 at 1:46 p
Are you trying to determine who shared the information with Kaine Horman? If so, I think we need to start here:
**Detectives with the Multnomah County Major Crimes Team** shared the landscaper’s account with Kyron’s father, Kaine Horman, last weekend, prompting him to leave the house June 26 with the couple’s 19-month-old daughter.
http://www.oregonlive.com/portland/index.ssf/2010/07/landscaper_tells_police_terri.html
They are, I think, actually known also as the East Multnomah County Major Crimes Team:
Kyron Horman Press Conference
Tuesday, July 27, 2010, 2:00 P.M.
The Multnomah County Sheriff’s Office continues to be the lead agency as we continue our partnership with the **East** Multnomah County Major Crimes Team.
This team was created in 1996 and has over a 90% successful prosecution rate for major criminal investigations.
Having worked with the Major Crimes Team in the past I can tell you that it’s comprised of some of Multnomah County’s most well respected, skilled and dedicated detectives.
These detectives are selected for their skill level and ability to solve crimes and work well within a detective team.
http://www.flashalertnewswire.net/images/news/2010-07/1276/37069/Sheriff_office_HormanPres%E2%80%8Bs072710.pdf (This link no longer works, but it WAS there on the MCSO’s flashalert page)
I believe that this is why MCSO was able to say “information did not come from us”. It came from someone on the above team of investigators. I tried long ago to see if I could find out who made up the team, I only came up with two names: Don Sahota & Larry Foulke, both of whom are (or were at the time) detectives with Gresham PD.
The information, IMO came from someone(s) on that team. My gut feeling, because of MCSO’s denial is that it was not one of the MCSO detectives.
“Given the media coverage over the past long weekend, the Multnomah County Major Crimes Team could no longer stand by its assertion in my affidavit of July 2 that unsealing the sealed matters before you would undermine our on-going criminal investigation,” he wrote.
http://www.katu.com/news/98051309.html
T. Ruth says:
March 27, 2013 at 1:54 pm
Something just occurred to me, did anyone ever ask Kaine Horman (that we know of) whether or not he knew the landscaper?
grasshopper says:
March 27, 2013 at 2:08 pm
@Rose
He’s been on the case since the very beginning as one of the leaders of the SARs. He also over saw Brandon L. who sexually molested an underage female while on duty.
December 04, 2010
http://www.oregonlive.com/portland/index.ssf/2010/12/multnomah_county_sheriff_dan_s_2.html
Multnomah County sheriff’s Deputy Mark Herron, one of the search and rescue coordinators working on the Kyron Horman task force, shows the detailed grid patterns that depict exactly where law enforcement and volunteers have searched in rural northwest Multnomah County and Sauvie Island since the second-grader disappeared from Skyline School on June 4. Herron estimated they’ve completed 646 separate search assignments in the expansive fields, heavily wooded terrain and waterways around the island.
(caption of photo)
“We don’t have resources to just throw darts,” said Deputy Sheriff Mark Herron, a search coordinator. Books titled “Lost Person Behavior” and “The Textbook for Managing Land Search Operations,” cover his desk.
~~~~~~~~~~~
a little background: Herron was part of MCSD under Sheriff Bernie Giusto who was forced to resign. Herron was interviewed during the investigation and seemed not to know anybody though Giusto’s “not maintaining high ethical standards” was though to continue down into his subordinates behavior. doesn’t inspire confidence. here’s the report
@grasshopper. One wonders why a high school senior was assigned to ride around alone with any of these River Patrol deputies, esp to bring an alleged burglar back for interview. Thank goodness she/he documented his interview tips.
Rose says:
March 27, 2013 at 3:18 pm
Clearly when the Task Force formed 9/15/10, Reisor/O’Donnell stepped back and Lt Walls and Sgt Krafve, with a SAR Coord Deputy Herron (now Det.) in the mix, stepped up.
. Preexisting close colleagial relationships like Reisor/Herron must exist tho.
The public face of the investigation seems not to have changed since 09/10 and resides in the Mcso Det. Unit.
9/11
“According to Alexander, Liggett, 30, has been a civilian volunteer on the unit for 16 years. The sheriff’s office received information about a relationship Liggett had with an underage girl—who was also a volunteer—and arrested him Wednesday.”
updated 11/11
“The Multnomah County Sheriff’s Office has suspended a longtime search-and-rescue leader after an underage volunteer accused him of molesting her.
Brandon Liggett[/b[b]], the top civilian on the volunteer team for the last four years, was barred from any interaction with the group he has worked with for 16 years, said Jason Gates, chief deputy with the sheriff’s law enforcement division.”
Rose says:
March 27, 2013 at 3:44 pm
Yes, it was undoubtedly the MCSO Det assigned also to the East County Team that briefed Kaine. But don’t forget there are 1 or more DAs on this team, formally, too. Probably a Sen Sep DA like Rees or now Moses and a line level like Moawad. It could easily be a DA imo that briefed him together with a Detective team member. Imo 1 or more DAs on that team had to have helped plan the Sting.
http://www.doj.state.or.us/oregonians/pdf/multnomah_county_deadly_force_plan.pdf
List of Appendices I & J, p 17 relate to east county major crimes team protocols, but content isn’t there
An overview under oath of how east county major crimes team is composed & works a scene from Jan 2012
http://www.mentalhealthportland.org/wp-content/uploads/2012/02/McKinney-Grand-Jury-Vol-1-18-Yohe.pdf
wasn’t Bob Peterson mentioned here with mcso?
Rose says:
March 27, 2013 at 3:53 pm
@TRUth.
Both Krafve of mcso and Bob Peterson of Gresham were on the East County Major Crimes team working together back to 2004:
“The case was assigned to Keith Krafve of the Multnomah County Sheriff’s Office and Bob Peterson of Gresham Police, both with the interagency East County Major Crimes Team. Peterson was a longtime homicide sleuth. Krafve was a two-year detective on his first murder case.”
an Oregon Bar investigator called the investigation botched from the start by police
http://www.wweek.com/portland/m/article-2761-mobile.html#_Article
my memory is Peterson was with Krafve on Kyron in 2010
Rose says:
March 27, 2013 at 3:56 pm
well, we know Bob Peterson of Gresham was on E Cty Crime team on Kyron as testimony by Yohe puts him
on it in Jan 2012 & he was on it in 2004.
Rose says:
March 27, 2013 at 4:31 pm
I havent logged in, but google blurb says he’s a former Lead Detective on the East Mult Cty Major Crimes Team
http://m.facebook.com/pages/Servo-Investigations/178411582224455?id=178411582224455&refsrc=http%3A%2F%2Fwww.facebook.com%2Fpages%2FServo-Investigations%2F178411582224455&_rdr
http://www.oregonlive.com/portland/index.ssf/2011/01/gresham_police_detective_known.html
Rose says:
March 28, 2013 at 8:59 am
the case was buried when it was removed from the E County Major Crimes Team on 9/15/10 & given to the Task Force which was essentially the mcso Detective Unit & msco associates like a sar coordinator. That decision must have been made in August, imo at DA’ direction. probably due to the Sting & RO fiascos.
@erose. imo Meisenheimer was brought into this informally by DA prior to Sting as part of that packaged weekend. (see a bit of his history below). They’d both once supervised Rackner, & imo naturally thought of her. At that point anyone briefing Kaine could’ve passed on the name. Now Meisenheimer would be interesting to get under subpoena
& depo about Sting era consultations prior to the Ex Parte orders.
Before Kitzhaber appointed him, Meisenheimer was a Senior Dep DA (now Rees’ job).
His work as a Senior Deputy DA stretches back from 1995 at least to 1988:
http://books.google.com/books?id=o50w_isIZ-EC&pg=PA63&lpg=PA63&dq=meisenheimer+portland+senior+deputy+da&source=bl&ots=BrezsEt7Qq&sig=IchNYzFYganI3FcbFysY0DPEFyA&hl=en&sa=X&ei=9PlTUcvdIJS24AOBx4CgDg&ved=0CFcQ6AEwCA This article memtions at one time he headed the DA’s Child Abuse team.
Meisenheimer’s daughter was employed 6 months in 2008 in the DA’s Office.
——-
Interesting story about a Deputy DA who in a murder trial was
second chaired by Meisenheimer, & putting the wrong murderers
away, and how McIntyre undid it
http://articles.latimes.com/1996-09-01/magazine/tm-39549_1_jim-mcintyre/12
McIntyre on Kyron
http://www.examiner.com/article/kyron-horman-investigation-gains-insight-from-a-former-portland-district-attorney
Rose says:
March 28, 2013 at 10:50 am
Mike Schults was a Lt.
He was mcso liaison with Hormans on June 9
http://www.kgw.com/news/Horman-family-statement-on-search-for-Kyron-95991424.html
In 2007 he was also a Lt.
Of River Patrol.
http://home.comcast.net/~melauri/minutes.htm
Who sent Kyron’s investigation to River Patrol (Reisor et al) early on?
Crime happened on PPS property & PPB had the jurisdiction there.
T. Ruth says:
March 28, 2013 at 1:34 pm
This may be old news to some of you. I hadn’t seen it, adopted budget for 2012 MCSO, refers to this from 2011: (pg. 117)
53. MCSO Special Investigations Unit
Program # 60067A – MCSO Special Investigations Unit
Version 6/09/2011 s
Lead Agency:
Sheriff
Program Contact:
Ned Walls
Prog
This program provides for the investigation of crimes involving the sale, distribution, and manufacturing of dangerous drugs.
The Special Investigations Unit is charged with the responsibility for enforcing state narcotics laws, prostitution activities, and
assist with advanced surveillance of major criminal cases. The magnitude of each of these investigative areas requires that
priorities be established to determine allocation of resources. Enforcement of narcotics laws is so important that first priority
within the Special Investigations Unit will be narcotics investigations. Emphasis is placed on narcotics distributors who are
suppliers to street level dealers, as well as suppliers to other distributors which are referred to as mid to upper mid level
narcotics traffickers. Drug investigations will center on the drugs which are most abused in the Multnomah County. SIU is a
local law enforcement resource for investigating and apprehending suspects involved in domestic and/or foreign Human
Trafficking of children. *SIU spent the first quarter of this fiscal year assigned to the Kyron Horman Investigation.
(snipped)
(from pg. 131)
60. MCSO Metro Services
Program # 60074 – MCSO Metro Services
Version 2/18/2011 s
Lead Agency:
Sheriff
Program Contact:
Ned Walls
Program Offer Type:
Existing Operating
Related Programs:
Program Characteristics:
Executive Summary
Metro serves Clackamas, Multnomah and Washington counties, and the 25 cities in the Portland metropolitan area. One of
Metro’s principle missions is to protect open space and parks. Within this mission, the MCSO Metro Services Unit consists of
a detective who enforces disposal laws and Metro’s rules and regulations for disposal and 2 Corrections Deputies that are in
charge of two Inmate Work Crews assigned to cleaning up illegal dump sites.
(snip)
Our Metro Detective was assigned to the Kyron Horman investigation until August 1.
http://web.multco.us/sites/default/files/budget/documents/tab_7_-_sheriffs_office_-_adopted.pdf
****************
http://web.multco.us/sites/default/files/budget/documents/volume_2_consolidated.pdf (The DA’s office mention of Horman case in 2012 budget, referring to 2011 is all I see)
The Office continues to be an integral part of the Horman investigation, the
largest of its kind in Oregon history. The Board of Commissioners remain
supportive of the investigation and have provided the office some additional resources through the 2011 fiscal year.
*************
Sadly, I think this case is cold as ice. I don’t see anything specifically budgeted for 2012 at all. From the appearance of the projected 2012 budget all officers were back at their old duties. ???
Rose- that is about as close to a Venn as one gets in this convoluted mess. One question- have you ever located chain of command or career trajectory protocols for MCSO detective designation? I have to say, I am not understanding the leap from river patrol to detective status all of a sudden for so many.
B
@blink, couldn’t LE claim that what they told K was part of their strategic tactics, the ones they don’t want revealed in depos? they don’t want him to tell because it would interfere with their ability to tell blatant lies to a willing participant, and they apparently consider that part of their investigative arsenal.
They could, but given that it may have resulted in the alienation or tortuous acts against the spouse and family unit, including but not limited to interference of a custodial parent, they would be off the hook procedurally, potentially, but still subject to remedy by the egreived party. One better know what one is doing before the fallout- As part of my study last Winter I observed at least 60 hours of investigative techniques resulting in FALSE CONFESSIONS. Let me say that part of the discussion to LE was that brushing up on their legal requirements was critical lest they open themselves up to suit. It would probably be litigated similarly. If TH is completely innocent and a LEO lied to Kaine to solicit his help, and part of that was referring him to his Atty and the dominos that fell after that, he should contemplate other work as he will need it if it can be proven. It is not a boundaryless practice.
Moreover, I will be shocked to hear that O’Donnell was the only investigator interviewing TH one on one. I can tell you unequivocally that is absolutely an unaccepted practice unilaterally. Interview Rule 101 especially for women being interviewed by men.
B
Thank you, Blink. I appreciate your comprehensive response.
I do have a few follow up questions if that’s okay.
____
“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.”
B
Question. In Oregon, Grand Jury witnesses aren’t legally bound not to disclose their testimony after appearing, are they?
Question. How does immunity effect giving a deposition in a civil case, re the RO?
____
“If It were confirmed that LE expressly LIED to TMH, KH, DY and RS to advance the criminal investigation . . .”
B
Question. Blink, could you expand on or example how LE may have lied to RS?
____
Thank you in advance, Blink.
You are such a class act if I have not told you that in a while
According to the DA, the grand jury has been extended several times, I don’t know since the gj has not been excused, dismissed or other, that an individual is still permitted to discuss their own testimony. They are NOT permitted to discuss anything but that in a regular scenario whatsoever as witnesses.
As a witness in the gj that has given testimony, that witness automatically gets a level of immunity by just appearing and not invoking their 5th ammendment right. Unless they lie, potentially omit, or perjur themselves that immunity holds. That is the criminal process and procedure issue.
In a civil tort or civil proceeding such as the disollution, if that testimony varies from what was said in the grand jury, that person could absolutely be subject to either a second trip or impeachment as a witness and said remedy if necessary. Their is no implied immunity transfer, so to speak.
That said, one would have to know what was said in the gj to impeach them so typically if there is a situation where the DA is using what is called an investigative subpoena- that is a preservation of the witness testimony that is sealed, and the DA could call them again at a later time to compare the “testimony”. I see this in private work where prosecutors are not sure if they have a witness or a suspect.
So they preserve the record, and the immunity only applies to what was said initially. The prosecution is very deft in that instance to ask just the scope they need. During that interview/preceeding, the witness is given counsel to confer.
Keep in mind the burdens of proof and submission of evidence are very different in a civil case and are at a much lower threshold. That said, the prima facie must support the allegations and the request for remedy as a matter of law. I personally believe that Rosenthal motioned to abate because his only other choice was to face dismissal.
B
ya think Rackner is not continuing to
appear for Kaine due to her conflict
of interest as former ADA?
WWeek is doing nice reporting on PPB Union contretemps w/Hales etal, and broke the Cogen story.
So one has to ask, out of all the Portland media, why has WWeek been silent all these years, more or less,
and jettisoned their case reporter?
wrt to Ramsey association. having looked at that thread,
Do you think in this case that similarly the
abductor knew family or child, but conversely
he was not on their grid? (not reciprocal awareness)
Surely you imply a sexually motivated predator.
And displaced focus by media & LE on la femme.
So complicates this investigation by having a well-intended, mourning,
bitter Desiree & troops out there imo. And an anti-standup husband.
Actually, I was more referring to the investigative lackluster of Steve Thomas, and the grand jury situation. I swore I would limit comments to Ramsey until I write on it but I did bring it up.
I believe JBR knew her killer, and was groomed privately just before her death so as to be familiar with the suspect, so no, I don’t think the victim access plans are remotely similar. Because Ky has not been recovered it would be inappropriate for me to state other differences I believe I see, as they would be speculative. Rush to judgement by very inexperienced LE, yes. Rapidly changing investigators in a 3 year old case of which I believe the DA is running the show, yes. Respectfully submitted, the media coverage in contrast to Ramsey is not even in the zip code.
B
Blink…Regarding
“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.”
Paradoxically, the Engels’ motion to protect Kaine invites TMH to “talk first”. We must remember that the crux of the pressure from the bios to get TMH to “talk” in order to find Kyron comes from an attempt to assuage the pain of losing a child to an “unknown”. If Kaine and/or Desiree had from the first focused on the reality of the disappearance, a school and investigation that had made many grievous mistakes, they might not have been persuaded so easily to accept the “most likely” among them.
And, yes, Rudy and the sexting tapes were not only shared with Kaine, but with Desiree also. Rudy was even shared with Maxine, via a “source”.
In December 2010, IIRC Staton stated to Maxine, in the War Room article, that he was about to go meet the bios for lunch. He stated that he wanted to discuss with them the Timing of their disclosures to the public.
Investigational “leaks” were happening all the time the first two years of this investigation.
In that reference upthread, to the KATU interview with one of Terri’s friends that LE interviewed, she stated that LE had told her they had the evidence to Arrest TMH right then, but just needed more to convict her.
I’ve heard that LE CAN LIE in order to extract a confession. So i’m wondering what they think can be uncovered about their tactics that would really set them up for a suit. As the bios are taking the fall for the failed investigation I think LE is also sitting them up to take the fall for slander, defamation, etc.
The quashing of the depos is complicated, yes, but also clear. They simply do NOT want the finger pointed away from TMH no matter what rights she has been denied for three years….it would then be pointing back to them and their failed investigation to find Kyron.
@t-ruth
I find it rather amusing the new “terms” and names bandied about in this new set of “objections” to depositions as opposed to the set of Motions to “stay” the divorce and suit.
Starting to make a list of “old” and “new” terms.
OLD (REASONS TO ABATE THE SUIT AND DIVORCE):
November (Rosenthall and LE): 1. “investigative leads” 2. “doors opening up” 3. “witness protection” 4. protective order5. “medical records need to be destroyed” “medical records restricted” “mental records sealed” “medical records not become public record” 6. LE and DA motions SEALED
January (Moawad) 1. In “interest of persons not party to the civil litigation” 2. “recent developments had opened investigative doors 3. Potential for a successful criminal investigation of Kyron’s disappearance
4. accomplish investigative tasks 5. affidavits by Staton and Underhill
January (Engel) 1. discovery processes in Young’s lawsuit could interfere with or taint the criminal investigation 2.Mother wants to take Father’s disposition…will require issuance of subpoenas to LE to determine basis of belief that Mother is responsible 3.Father does not want to jeapardize State’s efforts to bring Kyron home 4. public and private interest in locating Kyron Vs. TMH’s 5th Amendment Privilege
5. Mother’s desire to see Kiara is not about Kiara’s needs 6. The DA asserts investigative avenues pursued could be comprimised
February, hearing. Kantor stays.
LE AND DA motions – Kantor Denies Sealing, but no media attention to that or Bunch’s objections to LE intervening in the case.
NEW terms just for the FAPA
(just a few)
1. “reveal mental impressions” 2. Grand jury newly formed (which DA can do any time he wants, and stack it any way he wants)
3. Bobby – lead for 18 months (in 2010 Dec. Keith Kavfte was the lead according to Dec 4th article by Maxine)
4. “reveal techniques” 5. “reveal tactics” 6. “QUASH” testimonies
On the Oregon “GRAND JURY” rules:
http://www.osbar.org/publications/bulletin/04jul/secrecy.html#
“The grand jury system is unfair in so many ways,” says Portland attorney Lawrence Matasar, who represented the Portland Police Bureau officer involved in the Multnomah County shooting earlier this year. “You learn so much by what witnesses say, how they look and how they comport themselves. The prosecutor gets to see that (in grand jury), and we (defense attorneys) don’t.”
Matasar disputes the notion that grand jury secrecy exists, in part, to benefit his clients.
“That’s very nice of prosecutors to think of the poor defendant,” he says. “But there are other ways to assure secrecy, such as making grand jury testimony, like discovery, accessible only to the defendant. I think it should be recorded. There’s no reason why it should not be recorded.”
Looking at the court docket for tomorrow, I’m still wondering if the contesting of the RO is still going to happen, but it’s just being done privately in chambers, no public notice. I wonder that because Kantor is only listed all day long as one hearing status on another case at 8:45 and then the 9:00 Horman cases updates, nothing for the rest of the day, which makes me wonder if he is indeed going to hear in regards to the RO in the afternoon. Also, because there’s nothing about it being cancelled from the all-knowing O. Bunch & Houze will be at the morning cases, but Wagner isn’t listed as being there. Why is the dissolution case listed twice?
It appears to me that 86 is in regard to the RO, and 84 is in regard to the abatement of the dissolution. So, now I’m wondering if Kantor has scheduled the RO status check, case ending in 86, to see of Kaine Horman may be willing to modify the RO now. (I do recall at one time, he said he might.) I could be all wet.
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
http://courts.oregon.gov/OJD/pages/courtcalsearch.aspx
http://www.fbi.gov/news/stories/2013/july/operation-cross-country-recovering-victims-of-child-sex-trafficking/operation-cross-country-recovering-victims-of-child-sex-trafficking
****
I would hate to think that this is the life Kyron has been involved in but if it is I pray he is one of the 105 children rescued.
http://www.fbi.gov/portland/
2 of the victims were from the portland area.
@Ode, youngest was age 13. they were generally runaways, including from foster care.
so no one to report them missing. per various newssites.
@Ode. mea culpa. HuffPost: “The youngest of the rescued children was 9 years old, according to Reuters. “
Rose says:
July 28, 2013 at 2:18 pm
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?
sorry Rose, have to pass on this one. It would involve going upstairs and using the inscrutable DOS based computerized index and I never learned DOS, also have to pay for any copies made of files. for the time being I’m limiting that to horman case!
Sorry, didn’t know it involved separate desks & clerks.
Would be nice to know if Symonds was locked up in 2010.
Seems to me that even Kantor can’t sustain an RO that was issued without custody evaluation, normal updates of circumstances, no scheduled visitation for mother and threat that child has not seen mother for so long that dad should get permanent full custody, when the whole thing was based on hearsay. Now Bunch is simply asking for the actual details behind that hearsay and they are going to great lengths to NOT meet that perfectly appropriate request. He’s not asking for kyron’s disappearance investigation. That is Kaine’s opinion and he hasn’t ascribed that to LE so Bunch would like to know why he thinks that. perfectly reasonable. MOO is they can continue the RO only if they talk and they won’t, so I bet they are dropping the RO. I will be very curious to see that July 25 filing.
re blink question about the chain of command or career trajectory proceedures for going from patrol to detective status, that was explained in depth in the elliot suit, the elliot was contending that not only they didnt follow proceedure but they also signed off on each other saying they had required training and qualifications that they actually didnt. if i recall correctly the court ruled that they were doing that in fact, court ruled in his favor, agreed that he had been wrongly demoted when he complained about, and awarded him damages but no one did any admission of wrongdoing or received any reprimands. that to me was worse than the overtime scandal that surfaced because of his suit. i dont have computer to find links but that is (was?) online in elliots suit with the actual court documents attatched to the overtime story.
I have read Elliot’s suit front to back, and then again. Iirc, he is actually the only FBI academy trained officer within the entire MCSO. He won rank and back pay, but nobody was ever sanctioned and Staton is in place although he misses some credentials. I have never seen a PD that size with the amount of soap opera material in my professional life to date.
How he Hell they may manage to focus on a missing child for the 3rd year is somewhat of an enigma, imo.
Guess it safe to say he is not in the river. Or is it?
B
DY’s lawsuit is interesting for several reasons.
1) She is raising money for the lawsuit which suggests this isn’t a typical contingency case. This could either be due to TMH’s financial status (30% of nothing is nothing), or Rosenthal doesn’t think it is a winnable case.
2) There have been no surprise depositions or information. DY got to depose James who doesn’t seem involved in the case. Maybe they were hoping for a bombshell, or maybe it was to put TMH on notice. TMH refused her deposition (took the 5th). DDS was deposed, but frequently took the 5th)
3) As soon as the defense goes on the counter-attack by trying to depose DY and TY, the case stalls. In many (most?) civil lawsuits, the plaintiff is among the first people deposed, frequently in order to show that there is a reason for the case to move forward.
4) It sometimes seems that the whole purpose of the lawsuit was to depose TMH and DDS as well as preserve DY’s legal rights going forward.
It wouldn’t surprise me if the lawsuit sits idle for years at this point. Unless there is a criminal trial for TMH, I don’t see DY and company coming up with any evidence that TMH disappeared Kyron. TMH’s team may try to force the case to proceed for their own purposes, but the DA will probably intervene in almost all instances.
Unfortunately, it seems this case is now about DY, KH, TMH and their lawyers, and not about a missing child.
I briefly glanced at a couple bits of the docs (didn’t really read Engel or DA as I consider their prose & politics an adverse event in be mod terms). I gathered Engel claims the DAPA was consolidated w/divorce so FAPA was stayed in tandem with divorce (Bunch unaware of consolidation). Therefore depositions could not be taken for FAPA Hearing while the Stay is on. And why from Bunch’ POV have a hearing to contest without prior depo? So all Engel/Carlos/Brett have to do is continue that stay to protect mcso/adas. And after Kantor (an empty suit imo, because I infer he wants to once again be on that Dem party short list for Fed Judge nominees) continues those Stays, Bunch will be told we’ll give you the Hearing, your statutory bite at the apple, but kiss off the depos.
So, imo the fapa hearing was cancelled bcz Kantor, unsurprisingly, agreed with Engel tge FAPA was consolidated with the Divorce & thus there is a stay on depos til Friday.
I really feel Federal civil rights & tort suits need to be be filed against mcso and the City of Portland if Kantor doesn’t like the Stay. Go Wagner.
What I find compelling is that Rees does not say at any point the date the GJ is extended to. He could be talking about the last extention that caused the stay through Aug 1 in the first place. It is vague and ambiguous. Perhaps that is the point. The RO is under a separate case and docket number.
I will be shocked if he renews the stay to coincide with whatever gj info is gleaned in chambers based on the motion verbiage i have read- which is specific to investigation, but not at all to TH being a suspect.
B
if Kantor doesn’t void the stay…
Thanks, Blink.
I was going to post how I just want something to finally go right for Kyron after all this time of 3 years. Made a pit stop first:
____
Updated posted by Kelly Davidson Ramirez
“My heart is so heavy today…”
“My heart is so heavy today Ky. You should be home planning your vacations with us right now. How do we move forward with you missing from our lives? I hate always thinking, “Kyron would have loved this.” I want to see you there soo bad in the pictures and the memories. I would do anything to have that back. Those shouldn’t have stop on June 4th, you deserve better than this. Please god let it be his turn next, let him come home. I pray tomorrows hearing brings us one step closer to you, and gives us some of the answers we so desperately seek. This waiting is unbearable.”
http://www.gofundme.com/kyronhorman
____
As long as that website is up and running, imo DY has not given up her legal fight for answers.
Rees’ grand jury MO, as depicted by ERosenthal
http://www.oregonlive.com/portland/index.ssf/2010/02/portland_civil_attorney_concer.html
@Sam And Blink,
I followed the Eliot case closely. Blue line. Whistle-blowers are “demoted”. Eliot’s suit describes his being put in a back office, not acknowledged, demoted to menial tasks, snubbed by Stanton…etc. till he finally retired. His allegations were acknowledged and Moore rose regardless. OT exposed, too, and subjected MCSO’s practices of favoritism and turning a blind eye to abuses to public view. But commissioners simply give them a little hand slap and funded them again. Before Cogan’s fiasco it looked like the commissioners were finally seeing the light…but it will take a back seat to the current scandals.
But Kyron Horman’s investigation with them at the helm was doomed from the start. Deputies rotate into detectives. Notice Keith Kafke is lead investigator December 2010, but O’donnell states he was investigator for the first 18 months. You can’t have 2 lead investigators. Smacks of …..”Who wants to take the lead with the Kyron thingie now?”
One more “issue”. Deputies are not even required now to have a HS diploma. So where do they get their expertise to take over complicated cases if “detective” status is simply a rotational job subject to who has favor at the moment?
PPD, on the other hand, despite their penchant for Tazor-happy PPD of the century, at least PROMOTES to Detective.
Can anyone tell me where to find the protocol for career advancement and specs for MCSO officer to detective?
Are you saying someone with absolutely no training and no investigative experience or mentoring was promoted to det and those folks were/are running Kyron’s case?
B
Does that mean that there will be some sort of divorce/custody settlement that could perhaps null and void the RO?
snip>
Multnomah County Circuit Court Judge Henry Kantor said today that a hearing scheduled for Tuesday on Terri Moulton Horman’s motion to contest her estranged husband’s renewal of a restraining order has been canceled.
Attorneys from both parties agreed to hold off on Terri Horman’s motion to contest Kaine’s restraining order against her until the divorce proceeding can resume.
http://www.oregonlive.com/portland/index.ssf/2013/07/public_hearing_on_horman_restr.html
I looked at Gofundme early yesterday before the site owner Kelly’s post, and noticed $25 eleven days before & $20 22 days before, therefore thought the fundraising had ground to a halt. She refers to June 4 events and writes as though it’s begining of summer, not late July. Idk if trying to capitalize on hearing this week, expecting a reporter to mention the site again.
Attorneys only in chambers must be based on prior agreement of Judge & at least the 2 Plaintiff’s attorneys, DA and City Attorneys, tho I expect Defendent’s concurred. That means to me Desiree expects and concurs with the Stay.
Otherwise she’d exercise her right to be present, direct her attorney to argue against the stay, and speak to the Judge herself asking him to issue protective orders but try the case. I expect its those pesky ol mental heath records, which may have sandbagged ER, as well as he desire to avoid her own depo as well as dismissal of her case for failure to state a claim. Imo the RO would end up being dismissed as well. Imo Engel & ER will go to the mat arguing for a stay.
No reason for Desiree & Kaine not to be present in Chambers unless they (1) want a Stay, (2) expect a Stay. After all, Investigators have fully briefed them all along. No secrets as to investigatory strategies kept from the bios wrt mcso & DA.
@erose. look in the documents at Engels.
Have not checked out his statement FAPA & divorce were consolidated in July 2010.
(Bunch’s motion said they weren’t.) I expect Engels was right and Bunch was sloppy in his unawareness.
That means legally depos for FAPA cannot take place due to the stay (as Engels pointed out).
I didn’t read the rest of Engels’ guff, just skimmed for that kernal.
This is a cover yr ass statement from Kantor, instead of explaining the law and what his divorce stay means to the FAPA.
Houze/Bunch agreed because they had no choice. They can’t take depos. Terri’s attorney erred in letting the RO get merged, and he screwed up
forgetting about it. I once wrote here about a brilliant female divorce attorney once in a partnership with Rackner.
She & some of the other better attorneys split the firm. She is far superior to all the other divorce attorneys in this case. Idk why Houze/Terri haven’t jumped ship to her.
@erose. My prediction: Hxxx no there will be no settlement.
Kaine has $ house & kid and no obligation to take a depo.
There will be Stays Stays Stays from the good ship Kantor. imo.
@Blink. MH whose credentials were river patrol, ATV trainer, search, & union pres (and probably Desiree bonded with him while searching) has been in charge for awhile.
Perhaps they could develop a reality show to follow that security one?
B
at least it’s not a prison guard, tho maybe that’d be more effective.
If Dad wanted to Find Kyron, he’d be filing some civil rights claim in Federal Court against
PPS and MCSO targetiing the nature of the investigation for a missing
abducted child. I don’t know if he’s the most naive crime-victim Dad in Oregon or if he’s too
reliant/dependent on mcso in his divorce action to act for Kyron.
or to file that Federal claim, investigating the investigation,
would deduct $ from his BKHF, probably
unthinkable if he’s as miserly as TH alleged. I think the
public hurt his motivation, giving him that honeypot.
@Blink. re being promoted to handle this case.
It has long been apparent deputies ROTATE from
River Patrol to other Divisions of MCSO.
So all one has to do to be assigned Kyron’s
case is rotate over to the Unit handling it.
MCSO has relied in homicides & major crimes on
the East Major Crime unit which had a seasoned
detective iirc from Gresham. The more interesting question is
why that Major Crimes Team washed their hands of
this investigation in early Fall 2010 and told Staton to
go hustle up his own composite force, dredged from somewhere.
Imo the real East Major Crimes detectives fell out with then MCSO leadership.
Idk why the bios were so oblivious then.
If I were the Lead Investigator in July 2010 faced by an aggressive-advocate stepmother who reminded me of mouthy Wife1, and the alternative mother was dim & dependent (sorry for that assessment) as well as appealling-to-the-public Mom, I’d do whatever it took (like The Sting coupled with an RO) to get the investigation-questioning StepM marginalized and out of town, if I worked in the MCSO culture.
@erose. I read Bernstein’s article, and once again she’s demonstrating she’s part of the party, not reporting on it.
She only had to add one sentence to explain what’s happening to the public:
Houze/Bunch agreed because under the law no depos can be taken relating to the Allegations in
the RO while the divorce is stayed.
If Sara Ganim had her incuriosity and inability to read motions
in front of her to explain them to the public, Sandusky would
remain at large. Or maybe she’s just a team player.
http://www.stahancyk.com/about_us/shareholders/jody_l_stahancyk
here she is.
Another note on the Gofundme site I noticed today (I haven’t visited it in a while), the goal amount was reduced to $50,000. It started as $100,000 when first put up. It certainly is not getting the donations I expected to see showing only $15,000 raised. When a bullied school bus monitor gets, what was it, $600,000 raised in a matter of weeks, I thought DY would easily raise the money she needed. But the spotlight on little Kyron has faded from the public’s memory it seems. So sad.
When Daniel Symonds was arrested in 2005, it says the abuse actually had taken place years earlier and he volunteered for Portland Impact. This dude: Jerry R. Dusenberry, was arrested in 2001 and convicted in 2002 to a 10 year sentence, volunteered with the same organization. Dusenberry was released in May 2011 http://www.oregonlive.com/portland/index.ssf/2011/05/convicted_sex_offender_jerry_d.html , so he obviously didn’t take Kyron, but it makes me further wonder about Daniel Symonds and whether or not Dusenberry’s case led them to Symonds? It is just very weird that there is nothing more out there on Symonds case, the man was being held for 20mil bail. That’s pretty substantial stuff. Is is possible the statue of limitations had run out by the time they arrested Symonds?
This Dusenberry is a mirror of Sandusky: (puke!)
http://portland.indymedia.org/en/2005/01/309363.shtml
Cops botch checks on accused molester
Indictment of youth volunteer Jerry Dusenberry spurs more accusations
By Jim Redden
The Portland Tribune, Dec 14, 2001, :
http://www.ramosboxing.com/1996USABOXING.html
BIG NEWS!
http://www.oregonlive.com/portland/index.ssf/2013/07/kyron_hormans_mother_to_drop_c.html#incart_river
“Now, after emerging Tuesday morning from a closed-door status hearing before Judge Henry Kantor, Young and her attorney Elden Rosenthal confirmed that they’ve dropped the civil suit. ”
“In related developments, a restraining order that Kaine Horman had renewed in court last month against Terri Horman for one year will be dismissed as of Thursday.”
“In place of the restraining order, a temporary no-contact order will go into effect between Kaine Horman and Terri Horman as their divorce proceeding proceeds. Terri Horman’s lawyers are expected to file a motion for parenting time to allow Terri Horman to see her daughter, now 4 1/2 -year-old Kiara.”
sounds like the divorce can proceed and best of all Terri will get to see Kiara!
Wow…
http://www.oregonlive.com/portland/index.ssf/2013/07/kyron_hormans_mother_to_drop_c.html
hat tip to erose. eating my words.
Kantor must’ve decided not to continue stay, & no one wanted to be deposed re basis of RO, nor did Desiree.
http://www.oregonlive.com/portland/index.ssf/2013/07/kyron_hormans_mother_to_drop_c.html#incart_river
She must have faith grand jury will indict.
Now it’s simple: the indictment & the divorce.
Oh my! Desiree Young dropping a civil suit against Terri Horman
http://www.katu.com/news/local/Mother-of-Kyron-Horman-dropping-civil-suit-217632621.html
Desiree’s attorney & the DA are not in this picture.
She doesn’t look well. I hope she finds a sound
advisor to depend on.
-snip Kelley
” I pray tomorrows hearing brings us one step closer to you, and gives us some of the answers we so desperately seek. This waiting is unbearable.”
-snip Desiree
Terri…I will be there in person to tell you and Kantor just how much of a danger you are to children. And be confident that I will ask you directly, “Where is Kyron?”
———-
IMO DY and KR’s statements sound like they expected the RO/Divorce hearings to somehow reveal information about what happened to Kyron.
Do they not realize that the RO/Divorce hearings stays and MCSO excuses why no evidence can escape their grasp are for the purpose of withholding information and not revealing anything about Kyron’s case.
That all of this wrangling over legal issues is about Kaine the MFH and Kaines RO and divorce and has little to do with finding Kyron.
It makes me wonder if DY and her family are really getting briefed about what is really going on with all of the stays and court cancellations.
IMO Sad state of affairs
Desiree drops law suit
http://www.koin.com/2013/07/30/desiree-young-drops-suit-against-terri-horman/
public records of investigations of high profile cases (OR DOJ)
http://www.doj.state.or.us/public_records/pages/cases.aspx
http://www.doj.state.or.us/public_records/pages/citizens_guide.aspx#1e
active criminal investigations are “generally” exempt.
from Manual table of contents:
“I.E. What Public Records Are Exempt from Disclosure?
I.E.1. The Nature of the Exemptions
I.E.2. What are Conditional and Unconditional Exemptions from Disclosure?
I.E.3. What Is “The Public Interest in Disclosure”?
I.E.4. The Catalogue of Exemptions”
http://www.doj.state.or.us/public_records/manual/pages/public_records.aspx#e4c
IE4c1&3 make clear this is a conditional exemption
also IE4c1 says: “Generally, the availability of ordinary tools of discovery would negate any need for an individual to use the Public Records Law to gain access to records for purposes of pursuing private litigation.”
meaning, I think Terri or Desiree could’ve gotten their answers thru Discovery of O’Donnell others in mcso directly rather than requiring public documents. So it seems to me Desiree’s and Kaine’s attorney did not want to open O’Donnell and others up to Depositions, even with Protective Orders.
While researching MSCO policy on career advancement, I hit on a PPC 5/16/13 meeting minutes; it has been removed from all sites where it was previously posted. I had jump thru hoops to find it since all other links to this Oregon Dept of Public Safety Standards and Training doc no longer work; it is their 5/16/13 meeting minutes if this is of any interest to anyone…
http://www.oregon.gov/dpsst/BD/Policy_Committee_Minutes/PPC_Minutes/PPC051613.pdf
It mentions the complaint filed by Elliot against MCSO as well as the Police Field Training Manual Revision & Update. Some here may like this read with all the research you have done; the names/items probably have more meaning to you.
BLINK!
Just IN!
http://www.oregonlive.com/portland/index.ssf/2013/07/kyron_hormans_mother_to_drop_c.html
DY did, as VW predicted, officially drop the suit. Wagner not being present on the docket confirmed that (with me) yesterday.
R/O is Dropped as of THursday!
No-contact ORDER replaces it for the divorce….between Kaine and TMH (Duh)
Houze/Bunch will now file motions for visitation.
BTW…who really wins in all this?