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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“Interesting image choice of Jason Gates from over 3 years ago at Skyline.
B”
Yep.
Personally I like the part about Kaine’s gym. He sure knows what’s important! In fairness Kiara could be in care there on occasion, so it is appropriate.
B
Well, were I the Judge, residence with a fulltime at-home Mom who previously managed health care & home life, residing with loving grandparents, would trump day care arranged by a working Dad from a squirrelly home (think brother Kristian the girl molester, plus his cite of his own in-house molestation) any day. He would have so lost in a straight divorce with a GAL if no abduction, and Kyron would’ve shot straight to Desiree’s IF she’d made any legal effort.
I’m a cynic on Kantor (and can’t wait for womens’ groups to testify if he’s ever selected for another Bench nomination review). I believe he nudged Engel etal — you can achieve the same thing without any depositions, more simply….. just let the RO go.
Are they just maintaining status quo until next month when the divorce/custody case is heard? On what is the judge basing this decision? Was this just a way to phase out the MFH from the divorce case?
What Dad in even divorce-aggressive Manhattan, LA, or Vegas includes a gym in a RO?
People Mag has gone to his Counsel’s head?
Terri went there as a member & regular user before RO Service
looking for her child as any of us would do.
Blink. You taught me something.
A reporter + 2 articles in one day + her lead words of both
headlines are “Kyron Horman” = Google Hits
Yes maam.
Google ranking = Google juice equals greater ad appeal and pricing.
B
TRuth. Imo Bunch’s signature acknowledges Notice.
Imo — TMH got screwed.
impact — no depos, no contest of restriction afforded.
Q is –why-t-f did defense drop RO hearing/contest and depos going
to substance of allegations? For Divorce orders with no hearing/depo rights?
Imo bcz Judge said he’d quash all RO depos so what the heck?
not a leg for Bunch to stand on with this Judge.
Golly, I wish TMH had deep pockets. No bcz she’s TMH. Maybe she did it; let her hsng.
But this manipulative abuse of process from Bar & Bench in Portland sucks imo.
Looking for Lea comments, & Part 2.
On the bright side, I will be publishing what we referred to previously as 2&3 in one piece.
B
@erose. This was Judge’s gambit to get rid
of the RO and simplify his life without having
to rule in the subpoena quash motion.
I worked in cpsd where juv crt family
prosecutors were DOJ employees, therefore a
cut above intellectually & ethically and not
getting their job via nepotism or political donations,
unlike Portland.
One of the 3 was lazy; but, none would have pulled this
untethered-to-fact allegation wrt TMH type stuff without
direct testimony from detectives in what are ordinarily
ongoing cases.
And without clear evidence subject to cross (& DC public
defenders were the best) no Judge would have fashioned
this order wrt the child.
@ Blink. You think Kantor horsetraded Stays lifting for FAPA Hearing dropping, paired with threat of Quash?
What else explains Defense agreement?
Must read it Rose- or I am purely speculating. It could be mutual, could have some sort of “pending” clause- dunno.
B
this is surprising (to me at least). on court calendar. today. different judge. WTF? what happened? wasn’t it kanotr that wrote that other stuff? wonder what this judge said. I can’t keep up!
Horman Kaine Andrew */Horman Terri Lynn Moulton MCR 8/1/13 12:00P 616 – JUDGE SVETKEY 100666086 Hearing Motion
Folks who are not aware- this is Stephen Houze’s wife.
B
@wpg. a no contact order is worse for the receiving parent, barred from
their home & child.
because there is no mandated hearing in which evidence has to be put on.
It’s probably what many divorce lawyers view as Manna from heaven.
apparently Rackner, Bunch and Houze were present at the Svetkey hearing today.
Which case?
Just FYI, whoever has not caught my previous links to Judge Svetkey- she is Stephen Houze’s wife and family court judge who is opening a can of woopass on CFS for removing 2 foster children she believes due to race on behalf of CFS.
B
@wpg. TY for research. Imo “crime victim” as cited under Domestic Violence means just that–assaulted a family member, was charged & convicted.
Not the case here. I would like to hear Blink ‘s idea of why Bunch agreed
No crime charged. No crime conviction.
I had most of our Unit’s Court cases. I had a wide range from a Father being released from prison/history of Mother assault, resuming cohabitation; interstate compact transfer of a Court case with custody (on my rec) going to out of State father/visits sought by impulsivelyassaultive mother. and so on. right or wrong, Courts ordered supervised visitation (meaning at the Office with worker & officer, gun in holster), not no contact. I don’t know what would’ve gotten a no contact unless there was an actual criminal assault on a child (ie sex abuse or broken limbs), charged & convicted. I find J Kantor’s starting point bizarre.
speaking of Jason Gates:
the line- up is
“Daniel Staton, Sheriff
Tim Moore, Under Sheriff
Michael Shults, Corrections Division Chief Deputy
Jason Gates, Law Enforcement Chief Deputy
Drew Brosh, Business Services Chief Deputy”
as Corrections Chief, imo, Shults is prince in waiting.
Moore has too much history.
He was softer on Elliot if that matters.
B
That makes Gates Prince Harry.
Whoa. Now TH falls under the category of a criminal, and KH and Kiara as victims? There is no known filed criminal case. No known indictment. She has not been released from jail, and to our knowledge never been in jail. She hasn’t been arrested, but she is subjected to the same order as someone who was.
No contact orders:
A “no contact order” is an order in a criminal case that tells the defendant not to contact the victim. A judge can order no contact anytime during a criminal case or a no contact order may be required if the defendant is released from jail before trial and sentencing. A no contact order can also be a probation requirement. If the defendant violates the no contact order, he or she may be re-arrested and jailed. A no contact order is different from a “restraining order” like a Family Abuse Prevention Act order or stalking protective order. If you have questions about no contact orders you can call the Victim Assistance Program in your county.
http://courts.oregon.gov/OJD/OSCA/cpsd/courtimprovement/familylaw/domesticviolence.page
A Multnomah County judge on Thursday signed a civil order…
Judge Henry Kantor signed the civil no-contact….
http://www.oregonlive.com/portland/index.ssf/2013/08/judge_signs_civil_no-contact_o.html
Why is this being reported as a civil no-contact order, when the definition is clearly related to criminal matters? Is there a no contact order related to civil cases?
@TRuth, I am wonder if Bunch had a choice. If the judge placed the order, then was his signature an acknowledgement, not an agreement?
Credit to wpg for digging up the definitions. Thank you wpg!
wpg says:
August 1, 2013 at 11:33 pm
Rose says:
August 2, 2013 at 1:28 am
What Dad in even divorce-aggressive Manhattan, LA, or Vegas includes a gym in a RO?
People Mag has gone to his Counsel’s head?
Terri went there as a member & regular user before RO Service
looking for her child as any of us would do.
___________
IMO
Kantor is just making sure that he is an obedient judge and includes all locations included in the original RO.
He would not want to miss a beat and leave out any of his instructions provided by MCSO.
Blink,
In your opinion, does this no-contact order fall under concerns related to domestic violence?
Thank you, as always.
I have to read it of course, but I think what everyone is missing is that Oregon is mandatory arrest state for allegations of domestic violence. All it takes is an allegation of fear- and Police are REQUIRED under revised statute to arrest the subject of the allegation. Obviously, this has not happened.
It is my personal belief until it can be proven otherwise that this did not occur because nobody was willing to sign off on an arrest warrant based on a lie. I believe LE lied to Kaine Horman that they had probable cause to arrest TH for solicitation and TH’s lawyers know this. They agreed to a no contact order because it protects their client as well, will allow the divorce case to proceed, where this will ultimately be learned.
There are no exceptions to the arrest law- only to prosecution- one cant file a FAPA “in lieu of” under OR law.
B
Just to add, Blink, it doesn’t appear that the allegation of an attempt to solicit harm upon KH and the allegation of possible involvement in harm to a child have been “dropped” by KH, going by the conditions set forth in the no-contect order, in my non-legal-beagle opinion.
I cannot say without reading it- but please see my last response to you
B
In regards to the mention of the gym, this doesn’t sound strange to me. I had to file 2 RO’s against my husband in last 3 years before he passed away this past spring. In both cases, I listed any place I usually frequented in the event he chose to show up there to try and see his son, and/or, make a scene about inability to see his son. This included my church, schools, workplace, etc. It was to protect the kids since their father/step father fell of the wagon and was spiraling out of control.) I also had to list my oldest son’s workplace, the local pizza joint, so his step father wouldn’t show up there to try and harass or solicit information while he was at work. Different circumstances than the Ky case but still, I think it is a common practice when a child is involved.
With Maxine’s pieces,, one has to read the comments to get any news, such as a different Judge for that motion.
I’d like to read the no contact motion & who filed it.
I don’t think it’s mutual in function as long as he has physical custody of Kiara.
@Blink, thanks for the info about Svetkey being Houze’s wife. didn’t know that. the …086 case is the Restraining Order. sure do wonder what that “hearing motion” was about.
http://www.osbar.org/publications/bulletin/06dec/judges.html
See Sevtkey paragrahs. Hopefully Kiara will be assigned one.
DC had a childrens’ attorneys office–also volunteers–run out
of the Courthouse as far back as 1970s.
http://www.katu.com/news/investigators/Kids-taken-from-foster-home-after-two-years-with-no-issues-187374691.html?m=y&smobile=y
how can it be the State Legislature has withheld the power from family court judges to order placements for children in DHS care? That’s the heart of Court proceedings. And at times DHS needs this. I went to Court with Govt & Childs attorneys to get such an order (to move a child between foster homes) against my own agency based on DHS’ own child abuse dr’s recommendation when DHS was recalcitrant. How can a Judge not have that power to order placements of children in gov’t custody? This is probably why Houze never wanted CFS involved.
‘I suppose it would be inappropriate and kettelizing my metal to pick apart the sentence structure and grammar errors in that piece so I will not- How does one write that without a source link- and apparently the way I slice london broil?
B’
on a bias I presume…and kettlizing your metal sounds maybe like your pops..or maybe dear mom?…
LOL, very good JeffD- exactly correct.
Appreciate you appreciating my obtuse-ness.
B
I see the “truth in foster care” and “powerless judges” problem lies in the Gov’s Office, whose response to this case was to announce a “new” initiative for DHS to use parenting training $ to keep or return children to their homes.
Now that’s a basic service ordinarily provided by DHS elsewhere (and no doubt in Portland). But new initiative? Portland led the country on just such an initiative (MBO style mgmt out of foster care to return home 1st effort or adoption if that failed) in the 1970s.
http://www.katu.com/politics/Governor-John-Kitzhaber-director-Erinn-Kelley-Siel-defend-DHS-after-judge-assails-it-188142681.html?m=y&smobile=y&clmob=y&c=n
The “new program” he describes was a new program in Mult Cty in the 1970s.
My post above about the distance 500′ vs 150′, I was looking at it backwards. She can actually get closer to her daughter now. Not that it matters, but I just wanted to correct myself.
*************
Horman Kaine Andrew */Horman Terri Lynn Moulton MCR 8/1/13 12:00P 616 – JUDGE SVETKEY 100666086 Hearing Motion
I don’t understand any of this. The court case # above with Houze’s wife as Judge, isn’t that specifically the RO?
Thanks Grasshopper, interestingly, I looked at the docket yesterday morning and that wasn’t even listed.
the reason Kyron’s investigation needs to be under the FBI & Federal DOJ (the public interest)
http://www.wweek.com/portland/m/blog-30522-mobile.html#_Article
Here is Judge Svetkey’s background. She actually specializes in Family Law. What a concept when dealing with a restraining order!
http://www.oregonvotes.org/pages/history/archive/may162006/guide/np/svetk_s.html
Could it be that LE, attorneys- including TH’s attorneys – the parents, the judges, etc. know something we don’t know? Some seem to assume that we have all the information, and of course we don’t. It drives us crazy–but we have to remember that there is so much we just don’t know. And, IMO, these decisions that puzzle us are not being made because of cronyism/nepotism/conspiracies etc.
After reading here from the beginning, reading at other sites, starting from scratch with an open mind, re-thinking everything, looking at every theory (well almost…I drew the line at the ” underground tunnels going from the school to the church” ) considering everyone’s opinion, doing extensive reading, I understand much better why some believe TH is not guilty.And I can see your logic in many cases.
Having said that, IMO, I believe that TH is responsible for Kyron’s disappearance. Oh, I hope I’m wrong. Because if I’m right, then Kiara will have to live with that, and I don’t want that to be the case. I hope I’m wrong.
I would also like to thank Mockingbird Sings for her objective, even-handed, common sense posts. Thank you. Als, wpg, thank you also.
MCSO has a fairly new website. They recently upgraded their IT, too. If you go down to agency documents and click on the organizational chart you can see how things are now. I guess we can work back and fill in the slots for 2010. Some names have changed, and some remain the same.
http://www.mcso.us/profiles/
Blink,
When do you think you’ll publish the combined 2/3? Just out of curiosity!
When an inserted toothpick comes out clean.
B
Desiree’s attack fund:
Updated posted by Kelly Davidson Ramirez 2 hours ago I know there are a lot… I know there are a lot of you wondering about the donations made to this site. A good portion has been used on attorney fees up until this point. I will be posting a message on here soon from Desiree letting you know the direction we are going and what’s next. I can assure you though any donations that were made will strictly be used in our fight to bring Kyron back home to us.
http://www.gofundme.com/kyronhorman
Ramirez needs independent counsel. Atty fees are not tax deductible, and not charitable without an IRS designation. The “mostly” used funds on a suit that was dismissed by the plaintiff seeking said funds?
Loss for words here.
B
Yeah, Blink, I fully understand the need to read the no-contact order.
fwiw, I did find a sentence (somewhere in Oregon) about the possibility of a divorce lawyer perhaps being able to “convert” a Restraining Order to a no-contact order for the duration of divorce proceedings, but no further explanation.
Thanks wpg, for the definitions. This looks like a precedent setting move by the Judge to me. Looks like the order being requested by the State, not Mr. Horman, as in a FAPA. Terri is being treated like a criminal, again without due process.
If they want to treat her like a criminal, (and maybe she is for all I know), then by golly arrest her and stay within the law, don’t go making up law as you go along. What would happen if Terri were to violate this *made up* law, she’s not been arrested for anything, the law applies to someone who has?
We have a FAPA that the plaintiff refused to provide supporting evidence for, so the Judge drops it and then comes up with his own way of re-instating it.
This case blows me away, a child being used as a pawn in order to make someone talk, a Judge who bends the law, a DA’s and Sheriff’s office that enters into a divorce proceeding. Wow, just wow.
Wait a minute, is it possible that there is a sealed indictment against Terri for the MFH? Would this make the law then applicable?
Considering Desiree’s
“no talky, no Kyron, no divorce, and no Kiara or money either”
Who thinks judge Kantor will find some way to delay stall the divorce proceedings between Kaine and Terri
Hmmmm, I wonder if Svetkey ordered a GAL?
I cant imagine she did not recuse immediately.
B
@TRuth. It’s my guess mutual no contact orders are standard in bitterly acrimonious divorces. The need & Requesting Party in the absence of documented assaults & verbal threats of assault says more about the requesting party’s inability to cooperate in child’s best interests imo, Think Jenny Sanford. She was able to haul him in on the No Trespass order. No Trespass with jerks makes sense to me. She also brought him back in violation of college ed funding and no planes flown at kids. It is not unusual to haul squirrely ex-partners back in for violations. One ex for me is if I were Bunch I’d get a line item akin to that don’t fly planes at our kids:
no attendance at car shows or other fundraising events for BKH Foundation. 1) to protect her physically. 2) to protect her psychologically. 3) to ward off crazy groupies who’d flock to her later & confuse her in adolescence. Imo surviving sibs feel guilt; Kaine needs to learn to protect Kiara on her terms.!
wpg. You are the fact-based best imo.
She def is, and I am remiss in paying her that compliment- thank you.
B
Here is a possibility. Now that the Restraining Order has been withdrawn and No-Contact order issued as part of divorce proceedings, Houze is not representing Terri in the divorce, only Bunch. Houze was involved in RO because it accused her of criminal act. So maybe having svetkey is okay?
I went to the gofundme “questions” section and found this.
“16. What about taxes? We’re unable to provide specific tax advice since everyone’s situation is different. While this is no means a guarantee, most donations on GoFundMe are simply considered to be ‘personal gifts’ which are not taxed as income in the US. Additionally, only donations made to a legally registered non-profit or charity may be considered eligible for donors to claim as a tax deduction. Again, every situation is different so please consult with a tax professional in your area.”
there might be an implication of tax deductible but it is not, unlike Kaine’s foundation that is.
disclosure: I was, in my situation, a donor at sacrifice to the bus driver. I knew it was not deductible, and didn’t care.
My purpose wad encouragement, and support. I imagine that’s the mindset of Desiree’s donors. I don’t see tax deductions as impacting their motivation. I suspect most who have the income to use deductions will do so though, just thinking they “gave”. These are not donors likely to be audited. The problem for Kelly is she has not highlighted this lack of IRS deductability in her online “work.” If DOJ begins a cleanup of these flybynite donor sites, she could be randomly targeted.
——-
i did click on a donor, also an antiTH FB poster, Roseburg agitator (back when there was no need to sign in to FB to view ATH page, about six weeks ago). Her FB profile pic was a Big smooch; dollar store large goblet in hand filled with cheap looking wine from the carton; male covered in tats, waving his beer can. If a pic is worth a thousand words, with followers like this, where’s DY’s head?
OT Wonder why OregonLive hasn’t disclosed Cogen and AG Rosenblum are in same Synagogue, tho by now my head is getting confused & maybe he’s in Maxine’s.
Anyway, with her husband’s WW business first outing Cogen,
imo she should recuse to her Asst at least, although calling in FBI would be better.
So many conflicts of interest in ctiminal gov’t matters in Oregon.
Reminds me of MD in Nixon/Agnew era.
snips>
Judge Svetkey was born and raised in New York and is one of six children. She is still very connected to her entire family even though they all remain on the east coast.
For Judge Svetkey, children have always been her focus. She obtained her undergraduate degree from NYU. Upon graduation, she moved to Oregon where she obtained her Masters in Education from U of O. She then taught in a high school Title 1 program for at-risk kids before deciding to go to law school so she could represent kids.
She views her job as a juvenile court judge as an honor and an enormous responsibility.
http://www.mbabar.org/Resources/SusanSvetkey.html
I can’t follow all of this. Isn’t there a conflict of interest or something – the husband is defending and the wife is the judge? Am I missing something? What do they talk about at the breakfast table — do you want jam on that toast??
When people are related are they supposed to be considered impartial – before she took over, they MUST have talked about this case. So then Kaine would be in the doghouse, right? They probalby didn’t discuss the case after she took over, right? THEN it would be a conflict of interest, but up until that time, they could trash whomever they wanted, no problem.
@grasshopper says: August 2, 2013 at 2:48 pm
Here is Judge Svetkey’s background
T. Ruth says:
August 2, 2013 at 7:28 pm
Hmmmm, I wonder if Svetkey ordered a GAL?
I cant imagine she did not recuse immediately.
B
I know, right? Is this a finally fight fire with fire move after 3+ years? She seems otherwise the best judge for the job.
2006
One-of-a-kind program helps children
From two floors above McKnight’s chambers, another Multnomah County judge, Susan Svetkey, and her staff are running a different pro bono program, the only one of its kind in the country.
The program, called Children’s Representation Project, pairs volunteer attorneys with children in contested custody and parenting time cases. Unlike cases in juvenile court, representation for children in these cases is not mandated by statute.
http://www.osbar.org/publications/bulletin/06dec/judges.html
You’re welcome, Panda.
Cheers.
@redrose. My guess is she’s the Judge on assignment this month on the family bench so just caught this motion but will have no ongoing case assignment which is Kantor’s.
The fact the Order was signed by Engel, tho Rackner was present in Court, and Kantor, tells me Rackner & Svetsky were just covering. Personally imo it sucks a regular family court rotation judge doesn’t have the divorce but rather a man who joys in handling complex financial, commercial, gov’t cases. Imo he’s ill- suited to divorce court.