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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@Blink
http://www.gofundme.com/kyronhorman
Ramirez needs independent counsel. Atty fees are not tax deductible, and not charitable without an IRS designation.
————————-
Go fund me does not have to be for charitable purposes. Did KR suggest in one of her posts that donations were tax deductible?
Agreed, however, regular citizens being asked to donate have an assumptive nature when asked for anything attached to the word “donation”. Add in that the intended use has now been confirmed to the “partial” and about to be different and to be applied retroactively.
The issue is seeking public funds at all.
B
Blink, I know you’re very busy; but my longer post I submitted before the post thanking MBS is missing?
Thanks Panda, you’re up.
B
mags. all attorneys I know submit to the client an Engagement letter (terms of repr) and fee agreement statement which client signs and returns. I cannot imagine either referring to or accepting a public dolicitation of donations as a tie in. Whether ER knew of and ignored his client’s plan to rely on gofundme to pay the fee agreement expenses, idk. I would like to think he would not have accepted her contract had he known. As Blink has said repeatedly, Bad Advice.
thank you thank you Jeff D for teaching me about slicing london broil, and the beauty of that metaphor.
Stimulating my thinking, I guess the other allusion is “pot calling kettle black” on the grammar thingie.
The underlying issue is lack of fresh detail & analysis, tho a good ol girl (MB, that is).
Awwwwe, you guys.
____
“When an inserted toothpick comes out clean.”
B”
LMBO! You still got that great sense of comedic timing, Blink.
xo’s
Lol, thanks, I like to think I learned my lesson about overcommitting and underdelivering.
B
@Panda, I feel just the opposite. I hope you are right. Not because of the impact on Kiara, of course, but because if Kyron was abducted by a stranger, who has managed to pull this off, in spite of those 20+ agencies that were originally involved in the investigation, means that s/he can get away with it again.
I appreciate your position, because I have no idea what did happen, I can only speculate, but at this point, believing that TH did this is either giving her a lot of credit in both strategy to pull it off and composure to remain unbreakable for three years or it is disparaging to all those federal, state and county agencies that have been unable to bring in at the very least an indictment. I don’t want to try to change your mind, because all of us in lock step will not advance the debate.
This I do know, what we are seeing, (and I concede may only be the tip of the iceberg), has been a smear campaign against TH and *if* she is innocent then how can the bio’s and LE even begin to make this up to her, her daughter, her son, and her parents?
Panda says:
August 2, 2013 at 3:26 pm
snip>
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.
And, btw, knowing that they cannot make this up to her in any meaningful way, will they even entertain the possibility at this point that they could be wrong?
I believe on some level, that strategies for damage control are the reason that the DA and LE became “a party” to cases involving TH. iirc, they had a pool of around 60 suspects they were wittling at one time? Have they interjected themselves in a similar way to the 59 others? I think they have been and are busily preparing to justify their investigative actions and the accompanying mental impressions.
In short, no. I do not believe unless she files a civil action against them that she will ever hear truths that she will likely want to have so she can at least explain it to her own baby daughter and adult son.
I cannot think of a remedy for what has been done to this woman if she is innocent completely that could ever cover over 3 years of complete abandonment and alienation of her toddler.
B
July 4, 2010
Kyron Horman case: Sheriff says ‘no comment’ on Oregonian’s murder-for-hire story
http://www.oregonlive.com/portland/index.ssf/2010/07/kyron_horman_case_sheriff_says.html
The Introductory sentence:
http://www.wweek.com/portland/m/blog-30526-mobile.html#_Article
No doubt the reason when Kaine says too little, too late,
Maxine fails to ask any followup, like the RO? Not journalism.
Which article Rose- it loads the mobile home page only.
B
Sorry
The county chair cuts a deal with The Oregonian for softball questions only.
We declined the same offer.” Aug 2
http://www.wweek.com/portland/?force=true
Yes ma’am. o/t, kinda: Cogen is a tool and he should be prosecuted for abuse of public office. I know he will be forced to resign eventually likely “in lieu of” , but to your point- absolutely thinking Pitkin works for Houze et al these days.
B
@erose. We have a good idea by now who
the Oregonian’s story source is, and it isn’t the Sheriff.
@Blink. WW’s refusal with Cogen to interview him with a ground rule to limit questions and consider ccertain subjects off limits, suggests to me the same editorial decision was made wrt Kyron, since we know WW was flatly told certain topics were off limits. That explains to me why WW has not reported on Kyron’s investigation status nor adults tribulations for years. Maybe TMH will give WW her first interview if the divorce is ever final, and/or she is cleared.
http://blinkoncrime.com/2012/09/07/kyron-horman-disappearance-exclusive-three-part-series-debuts-on-blink-on-crime/
“Part I: Desiree Young V Terri Horman Case : The Little Engine That Could, Or Could Not?
Part II: Sovereignty Is A Myth: Revelations About The Morning Kyron Disappeared
Part III: The Big Muscle Theory- Does It Have Weight?”
Part 1 is prescient & worth a re-read. This article reminded me least Desiree was not dismissed with prejudice plus TMH’s fees, as likely would have occurred if not dismissed now.
Doesn’t make sense to me that the Judge would order the same exact stipulations (other than distance) in the “mutual?” No Contact order, if the MFH was a lie told to KH by LE.
I’m seriously thinking that the DA is in possession of sealed indictment for the MFH. The judge must have some sort of basis for this order, it is, from all I can find, normally used to protect a victim while a criminal case is in progress. Didn’t LE at one point say that the messages sent to Mike cook were similar to ones sent the LS? Didn’t the landscaper testify before the GJ? If they have such messages, even if Terri was just venting about her husband, AND the GJ saw those, in addition to RS’s testimony claiming she asked him to kill Kaine for money, I truly believe the GJ would have given the nod to a ham sandwich indictment for solicitation of murder. The GJ’s job is not to prove guilt, it is only to decide whether or not the State should go forward with an indictment, whether it has a chance to win a case. It does not necessarily mean that the DA will go forward with the case, just because the GJ thinks there is one to be made. The DA still may not think they can win the case, without further evidence. So, if that’s the situation in this case, the indictment would probably be sealed, awaiting further evidence.
Kaine Horman in the interview with John Walsh on the second Kyron episode on AMW, September 2012, was asked the question of why the MFH case has not moved forward, why she hasn’t been charged. Kaine’s answer was this:
“Finding him is of the upmost importance and, I think the fear is in, leading with one case, is potentially if that goes good or bad, depending on the outcome of that case, it could have an impact on the other, so I think it’s…uh, a matter of leading with the strongest hand that we have that will help us locate him the quickest and then everything else will follow.”
http://www.youtube.com/watch?v=1pl1BuD-chc
His comment also makes me think that perhaps there is a sealed indictment for the MFH. If Terri was indicted for the MFH, and she was found NOT Guilty, then would not the RO disappear? JMO, but I think that’s exactly why they have not arrested her for the MFH, their case is a flimsy he-said she-said and they know they may not win in court. And if they lost, so too would Mr. Horman lose his RO, which is now being referred to as a no-contact order.
I also think that Larry Moulton’s 50/50 comment about the possibility of Terri being arrested was referring to the MFH, not Kyron’s disappearance. He said it was taken out of context, and there was nothing in that report about the MFH, even though it had just hit the news. Therefore, it was out of context. JMO
Here’s a question, if in fact there is an indictment for the MFH under seal, would Kaine’s words about his divorce proceeding “full throttle” mean that perhaps as soon as they are divorced, they will arrest Terri for the MFH? Because at that point, if the divorce proceedings go as Kaine plans, and he is granted full custody, then there will be no more need for the RO and Terri will then be arrested for the MFH. Does this make any sense? I mean, Kaine was just granted an extension of the RO, and now it’s gone, replaced with Kantor’s order to last while the divorce proceedings are in effect, which are going into “full throttle” mode.
Question: Also, if Terri is arrested at some point for the MFH, is there some benefit to Kaine being already divorced from her at the time?
IDK, just trying to make sense of all this stuff.
T. Ruth- it is I who floated the sealed indictment possibility long ago- I am confident now that was not and is not the case. Further explanation would give away what I would consider advantage resources, but not even a convertible Jane or John Doe is in place. If there were any indictment, sealed or other, it would still have to be referenced in the immediate motions for them to be in good faith and sworn.
ie: Rees referenced the extended grand jury- sealed or not, if a true bill is sought and gained it would dismiss the jury under OR law so there would have to be a record of said sealed indictment.
B
Not one nibble on the mandatory arrest I posted?
erose says:
August 3, 2013 at 2:31 am
July 4, 2010
Kyron Horman case: Sheriff says ‘no comment’ on Oregonian’s murder-for-hire story
http://www.oregonlive.com/portland/index.ssf/2010/07/kyron_horman_case_sheriff_says.html
Thanks for that reminder. We could make a BOOK of all the times FINK, Underhill, MCSO, Staton, etc.
said that the had “no comment” on TMH, Events leaked, the Divorce, the suit, the sexting, etc.
Then a sequel on all on all the data that they have leaked to the public, Maxine, the bios, Oboshi at Kgw,
Anna at Koin, etc. All the way to Rosenthall leaking “SECRET” Grand Jury intel on Dede.
Part 3 would be all the DA’s motions, etc. claiming the INTEGRITY of the investigation and how Part 1 and 2 never existed at all.
BTW. Did you all see Ch. 12. Fox? Houze sent them a comment, exclusively. Says a lot about the integrity of the other Kaine team-player media outlets.
Caught you not reading earlier comments, lol!
Yes, we featured the statement immediately and discussed a few times.
It was not to not be included in the salvo, fwiw.
B
@ Blink
A remedy. Let me think about this.
Me thinks IF, and only IF, Terri is completely innocent, AND if LE never comes forward to clear her as a suspect. She deserves a remedy. I hope Houze believes the same. What does Houze have up his sleeve? If he believes his client to be innocent he must be outraged at the atrocities surrounding Terri’s witch-hunt and being separated from her daughter.
This sounds contrite, but what about a huge book-deal? Terri could tell her story, make a ton of money affording her and baby K intensive therapy, and finally have the media in her pocket. Houze wouldn’t allow this now of course as he has her mouth zippered shut, but someday? I’d buy it.
How the heck does this all end if Kyron is never found? Will LE (to save face) keep this investigation open indefinitely? If so, will Houze insist Terri remain in hiding with her mouth shut indefinitely?
—
“I cannot think of a remedy for what has been done to this woman if she is innocent completely that could ever cover over 3 years of complete abandonment and alienation of her toddler.”
B
@Truth says,
“So okay, what is the difference between a “civil no contact order” and the FAPA?
The civil no contact thingy seems even tighter (within 150 feet) than the FAPA, wasn’t the FAPA “within 500 feet”?
Why do I get the feeling that this is all a bunch of games being played by the powers that be?
Says Bunch signed it, so, why? Terri’s guilty? Had he not, what would have been the alternative?
the hearing motion on FAPA motions to quash and subsequent FAPA hearing.
B
Truth, and Blink
I left a juxtaposition of the two “ORDERS” on that Olive . So that those reading that obviously biased quick get-the-hits-article would not see the No Contact as an “extension” of the FAPA which, ironically, would be the case. It’s still there…my comment.
To me, it was an obvious “team-player” afterthought on Maxine’s part. Only one person would have given it to her.
Truth…the No contact order is BETWEEN both Terri and Kaine. TMH has her own copy of what is required of Kaine. The orders have to be signed by all the litigants and all the lawyers.
The difference is is that the FAPA was for the whole year. No, essentially, like the suit, TMH’s lawyers have WON the contesting of the Fapa.
The no-contact is typical during a regular divorce if there is contention between the parties. Sometimes it is just called a “cooling off” time.
Kantor, IMO, just like with the signing of the FAPA renewal, wrote up the conditions for TMH’s NO-Contact
based on what was already written up before, and what is usual in restraining orders.
When you think of it, he didn’t really have much time, between the Motions to Quash/DEPO subpoenas/Contesting of the FAPA.
Kaine and Bobby were ordered to Houze’s office for Depos on July 24th.
By law, Kantor had to have the hearing to Contest on July 31st.
I agree with Rose, earlier.
Kantor had to concede somewhere. Could he really fold, again, and quash the depos without adressing the complications?
Again, the DA has lost a case. It’s dwindling. The suit and the r/o. We are left with a REGULAR nasty divorce.
And the media keeps trying to make it more than that. At least the digital media. I subscribe and Kaine’s Contact Order was NOT in the print version of the Oregonian.
BTW. With this case becoming a FAMILY Court case why would Kantor stay on? Time for new blood???
Caught you not reading earlier comments, lol!
Yes, we featured the statement immediately and discussed a few times.
It was not to not be included in the salvo, fwiw.
B
HaHa…read a LOT though! LOL
What’s “salvo” and your last sentence mean?
Meant that I was not the subject of Houze’s angst- I scrutinized the filing plenty and ultimately agreed with his sentiment.
B
Rose says:
August 2, 2013 at 2:48 am
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.
Doubt Gates was Harvard educated.ROFL. Might be missing that brilliant inner working, though.
Nah..will never forget that June, 2011 comment from that article about the 60 POI they were just
getting to, the task force disbanding, AND…they, OOPS, forgot to “ask” the school to not wipe out the mornings data collections.
Anyway gates said, iirc, “….When we run out of things to do, that’s when we will call this a cold case.”
BTW. Shults. A jailor. With only 6 “rotated” detectives they chose a jailor to hang out with the family for a week. Chat with Tony Young. Watch the depos. TY’s statement about how her depos CONVINCED him she was involved begs the question….how much influence did TY have on Shultz. And why did he, a jailor, become a spokesperson and liason between the family and FBI, MCSO, DA, etc.
Erose #50
Thanks….for this on Svetkey….
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
****
Sure does suggest that, FINALLY, little Kiara will get some representation, help. We can hope that that was what the hearing was about? And that a minor was involved could explain why Maxine didn’t get ahold of any decisions?
VW- Judge Svetkey is Houze’s wife. There is no way she ruled or heard anything in a case in which he is retained. I wish she could/would. I have worked on a few criminal cases where there is a relationship conflict and to be honest, we never got past the bailiff.
B
not even nibbling on “mandatory arrest” because so far in my opinion, the rule of law means nothing in this case, le da judicial can just ignore that part if it doesnt suit their purposes and come up with a statement about not being able to comment but having a very good reason they are not arresting tmh, it might compromise their investigation, might cause files to be released to tmh council, etc, etc, bs… just my opinion lol
are you telling us, vw, that the man who made Corrections Chief (a Union friendly position if ever there was one and the perch if anyone ambitious to be Sheriff) is the employee of mcso who lived with the Hormans when it all
came down and of course bonded with TY. When did he get promoted to that position?
TMH didn’t need DeDe but a posse.
Lesson No. 1 for me is if your kid is kidnapped in a criminal act, hire a seasoned criminal attorney from either side of the fence to advise you on the investigation and all contacts with LE whether you had a thing to do with it or not.
Family Bench
Kantor’s not on it.
http://courts.oregon.gov/Multnomah/General_Info/Family/pages/familyhome.aspx
Don’t see McKnight reassigning, likely to herself, unless he requests.
Well, my money’s on Hehn. Just appointed to bench by Kitz this January after 25 years with Shrunk, mostly doing domestic violence. Idk how she got appointed because they don’t seem wealthy or donors or Dem connectees and don’t see them at synagogue, and he is at a facile glance an “unconnected” writer/photographer/iconoclast. Seems she was made for this case. She certainly deserves the appointment, capping a decades-long career as prosecutor, imo.
Houze better stick with Kantor.
Better than an inexperienced Judge who worked side by side with ADAs handling this case the first 2.5 years. Now there’s a conflict.
http://www.oregonlive.com/portland/index.ssf/2013/01/new_judges_governor_appoints_m.html
“Holmes Hehn, 53, has been a lawyer in Oregon for 27 years — and a Multnomah County prosecutor for the past 25 years. She currently heads up the office’s domestic-violence unit.”
“Holmes Hehn previously headed the district attorney’s juvenile unit, and has prosecuted defendants accused of physically or sexually abusing children. She also has worked with national organizations to make improvements to the juvenile-justice system.”
Deputy Olsen makes more than those 2 judges combined, lol.
B
@Blink, I get the obvious conflict of interest with Svetkey being Houze’s wife, but technically, is Houze really involved in the divorce case, or can they get around this because her divorce attorney is Bunch?
He is listed as counsel in the divorce. Around these parts that would be all it would take for them to walk in, the bailiff would have prior instructions to ask counsel to wait outside, and the judge would recuse/reassign based on conflict of interest.
Now, to your point, I can’t say under that jurisdiction in that family court system that whatever the appearance/hearing was could not survive the issue or that it was not an intentional strategy move on either sides part. As an example, perhaps Kantor was unavailable that day and the parties sought an order based on the parties agreements ( in essence, they needed a signature on Aug 1st based on the unknown).
B
http://www.kptv.com/story/23037754/decomposed-hand-found-on-oregon-coast-beach
I understand what you’re saying. I have read about other cases trying to find similarities and trying to understand how LE works. Although sometimes I see patterns and similarities, as I think Blink would agree , please correct me if I’m wrong—sometimes the perpetrator is exactly who is suspected, and sometimes it’s the last person you would suspect, and everyone in between. I have read about cases where everyone thought a suspect, like TH, was guilty, and they turned out to be innocent. And cases where the opposite is true.
Here’s a case that recently caught my attention. This grandma in the link below was a suspect for 15 years before being arrested and admitting she killed her granddaughter.
http://www.huffingtonpost.com/2013/08/02/lois-janish-granddaughter_n_3695829.html
*******************************************************
erose says:
August 3, 2013 at 2:08 am
–snipped–
@Panda, I feel just the opposite. I hope you are right. Not because of the impact on Kiara, of course, but because if Kyron was abducted by a stranger, who has managed to pull this off, in spite of those 20+ agencies that were originally involved in the investigation, means that s/he can get away with it again.
You are correct in that 9 times out of 10 a domestic situation is just that. Known offender, relative or associate.
In investigation, occam applies almost every time. Where it gets dicey, is the training on behalf of the person contributing to the investigative theory. The facts drive the theory, not the opposite as has been in this case.
The facts coupled with the absence of same must be considered above all else. For me, I have zero faith in this investigation at the helm of MCSO. Teaching blind squirrels to find nuts is not investigating what appears to be a highly sophisticated offense and offender. I wish Cogen had some input at any point so that a full investigative review could ensue.
B
@Blink
Would there not be two Grand Jurys? The first GJ would have been called to see if they had a case against her for the MFH, since it was what led to their “mental impressions” that she may have also kidnapped or harmed Kyron. As far as the mandatory arrest for spousal abuse, it wouldn’t be the first time these guys did not play by the rules. If there was a sealed indictment in that case, then would not a different GJ be called in Kyron’s case? IDK, like I said, I’m just trying to make sense of Kantor using a tool that is ordinarily used for criminal proceedings. Oh well, t’will be interesting to see what comes next. Would love to see the actual orders.
Btw, mental impressions? Anyone ever hear LE use that term before?
It is a legal term involving work product pursuant to represented persons if it is used in context with privilege. LE did not use it as I recall, the State did referring to et al really. I presume it is also going to be used eventually in testimony justifying where there are holes in notes or data. You have got to be kidding me that O’Donnell’s multiple interviews, spanning double digit hours were unrecorded with TMH. Only one reason for that.
B
There’s a pretty good possibility that OLive/MB subscribe to OJIN.
jmo, but something like a no-contact order would be filed and put into the system(s) quickly. LE, I would think, would need to have ready access from whatever system in case of an incident/violation of order.
MB’s article wasn’t posted until Thursday evening at 7:12pm, so I can see OJIN being a possible information source.
IF, if this is a 2-way no-contact order I can understand why OLive may have chose NOT TO DISCLOSE locations related to/frequented by TMH.
____
ps
“Welcome to OJIN OnLine – the official website of Register of Actions and judgment records for the State of Oregon Judicial Department.”
http://courts.oregon.gov/OJD/OnlineServices/OJIN/pages/index.aspx
@vw says:
BTW. Shults. A jailor. With only 6 “rotated” detectives they chose a jailor to hang out with the family for a week. Chat with Tony Young. Watch the depos. TY’s statement about how her depos CONVINCED him she was involved begs the question….how much influence did TY have on Shultz. And why did he, a jailor, become a spokesperson and liason between the family and FBI, MCSO, DA, etc.
****************
Excellent question. I cannot forget that TY was the first person to publicly accuse Terri Horman as the cause of Kyron’s disappearance.
I was thinking about the GJ today and when we were allowed to know who was testifying, IIRC, the only police officer I remember hearing about testifying was possibly Mike Shults:
“A grand jury is believed to be convening in the case.
At least two of Terri Horman’s friends were seen leaving the courthouse in the past two weeks and, on Tuesday, Multnomah County sheriff’s Capt. Mike Shults was spotted going into the county courthouse but did not comment on the grand jury session.
Shults was the former liaison for the Horman family and stayed with the family in the weeks following Kyron’s disappearance.”
http://www.kptv.com/story/14794497/pickup-becomes-focus-of-kyron-horman-case-8-11-2010?clienttype=printable
So I wonder if Mike Shults was offering the GJ his “mental impressions” after staying with the Horman’s AND Tony and Desiree? (Whose mental impressions we already know.) Unfortunately, not long after that, I think a judge ordered no more cameras there, so I wonder if any other police officer testified besides TY & Shults. I would assume whomever was at Terri’s door undercover with the wired landscaper may also have testified.
@rose
From the WW article on the “Death” of the Oregonian:
“Bhatia told staff he alone decided who would be laid off, and that employees had been judged using a metric that graded each person on whether they fit into the paper’s new digital strategy.
Bhatia tells WW that his grading tool considered several factors. “Digital was one, so was journalistic impact and skill,” he said by email. “In the end, I had to make difficult judgments about people I admire and respect.”
That online emphasis has already begun at The Oregonian. Staffers say the newsroom has become obsessed with a program called Parse.ly, which measures real-time Web traffic, shows which stories are getting the most hits, and identifies where readers click after finishing those stories.
Veteran reporters who did not get laid off say Web traffic trumps other yardsticks, to the detriment of deeply reported explanatory stories for which the paper is known.”
I was so sad to see some of my fav. commentators, etc. go. But this online emphasis is EXACTLY why Maxine saved the Kaine-team player article for last….and ONLINE only. Look at the hits. She knows exactly which article are going to incite the Anti-page. So did Lynne Terry. Unfortunately for Maxine this negates respect for her when she genuinely tries to uncover the world-renowned abuses of the PPD.
BTW….Even more telling: her one-sided article on the Contract Order was ONLINE only!
Just thought I’d throw this out there and then I’ll quit talking about a possible sealed indictment.
http://www.stl-tsl.org/en/ask-the-tribunal/why-is-an-indictment-sealed
Why is an indictment sealed?
An indictment sets out the prosecutor’s case against the people that he believes are responsible for the crimes charged in the indictment. It does not establish any individual’s guilt.
Sealing the indictment, i.e. preserving its confidentiality, shields an accused from the stigma of being associated with a crime when the pre-trial judge ultimately may not confirm the indictment due to lack of evidence. Upon confirmation, the indictment may remain sealed to secure the participation of the accused at trial. The authorities responsible for executing arrest warrants are more likely to be successful if the accused does not have an opportunity to abscond or otherwise evade arrest.
*******************
Did not Kaine Horman at one point say that *several circuit judges* said there was grounds to arrest Terri?
Okay, I’m done. LOL
Hey- I respect your diligence and research T. Ruth!
And to your point, yes, he did. At the time, I took that to mean he was privy to probable cause warrants filed in more than one jurisdiction, in fact, likely he was himself an affiant or witness. Was that info presented in the ex parte RO?
Making a private citizen an agent of the state, especially one married to the target, you know the kind that cannot be compelled to testify against one another in the first place in criminal law, makes him subject to deposition of same. He has no privilege whatsoever. Although with this rungless ladder of promotion through MCSO, maybe they deputized him because he was on a riverboat once.
B
I’m just gettin’ edjecated.
http://definitions.uslegal.com/s/sealed-indictment/
The magistrate judge to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. The clerk must then seal the indictment, and no person may disclose the indictment’s existence except as necessary to issue or execute a warrant or summons.
*********
So if it was sealed, it sounds to me like no one can disclose it’s existence until a warrant is issued for an arrest.
Okay, now I’ll quit.
T.Ruth- that is the other way an idictment can commence. If a party (LE) appears before a magistrate seeking one. It is a total end run of the grand jury process. We already know a gj has been empaneled more than once in this case, and according to Rees is sitting currently. IN EITHER process it is customary to motion for, and receive an order to seal a warrant pending apprehension or surrender- if that was something worked out in advance. If we look to the recent filings and their verbiage- having a sealed indictment for any crimes associated to any parties would have to be disclosed within them- and would make the content within Rees’s a lie to the court. Never happen.
B
Notes the next website huh?
Let’s remember to click Blink right after visiting any OLive story.
http://www.oregonlive.com/news/index.ssf/2009/12/multnomah_county_sheriff_makes.html
12/09:
“Multnomah County Sheriff Dan Staton promised that he’d waste no time shaking up the leadership in his office and a month after being sworn in, he’s moved the majority of his command staff into different positions. ”
So much for my prior insufficient research as to Dept positions,
“Upon his swearing-in Nov. 5, Staton immediately eliminated the undersheriff and chief of staff positions. Last week, he moved nine members of his command staff into new positions, promoting four and demoting one. Three positions left open by the changes will be filled with sergeants who are testing to become lieutenants.”
SHULTS promotion from river patrol to one Jail (Inverness) MCIJ in 12/09.
“• Mike Shults promoted from lieutenant over river patrol to captain over the Inverness Jail ”
Staton did not want a Detective Unit where people stay a long time:
His Rationale for switcharoo positions:
“Almost all of these people have been in the same positions for lengthy periods of time and they start losing track that we are an agency, not an individual division or unit,” he said. “This type of shakeup makes the command staff realize that there’s more to this agency than the little fixed area they are working in and the expectation is that we are working for the entire agency.”
Shults was Corrections Chief Deputy by 12/21/10:
http://www.humanevents.com/2010/12/21/portland-jihad-bomber-safe-and-has-koran/
So sometime between 12/09 and 12/10, he moved up from managine Inverness to Chief Deputy Corrections, but I can’t find a cite.
10/11 “Jail Manager”
http://multnomah.granicus.com/MetaViewer.php?view_id=3&clip_id=296&meta_id=18039
4/13 Still corrections Chief Deputy
http://multnomah.granicus.com/MetaViewer.php?view_id=3&clip_id=633&meta_id=40197
“• Chief Deputy Michael Shults briefed us on the corrections grand jury process.”
Corrections Grand Jury covering 4 monthd in late 2010
http://media.oregonlive.com/portland_impact/other/2010%20Corrections%20Grand%20Jury%20Report%20final.pdf
I cannot believe the Hormans let this MCSO employee in the door much less 24/7. I can only conclude: bad advice from Tony ie, “he’s here to help.”
KH was colluding even at the beginning with Schuls & mcso.
I don’t think it started with “failed polys” but before when Schults moved in.
No, I don’t think ransom ideation led to his internal stakeout. I think he was on Terri observation duty from day 1.
From what I read at the gofundme site, anyone can ask for donations for just about anything. Desiree’s page did not imply it was a charitable donation, and there was always the risk of the suit being dismissed, anyway. Gofundme considers donations made through their site a “personal gift”. IMO there was no obligation on Desiree’s part to finish what she started. People donated at their own risk.
I think I agree with that in theory, but I don’t agree that their was any sort of proviso if DY dismissed the suit as opposed to the court’s decision. In my mind, those are 2 different things as far as a donating public is concerned. The bigger issue relates to the comment that the funds went “most” for legal fees and now shifting to efforts to find Kyron.
Lastly, I maintain the same concerns I have had for Desiree for years. I am very concerned about her well being, and that she is incredibly vulnerable to bad advice. Because of the nature of the issue – I have no plans to make it part of my scrutiny schedule but I will say what I have been (again) saying all along. Until one or both of Kyron’s parents makes it plain to MCSO that they do not have faith in the integrity of their investigation and that they demand to know the short list of POI’s past TMH, or if they even have any, this case will rot on the vine infinitum.
B
on Schults’ watch, with Schults’ supervisee.
http://www.oregonlive.com/portland/index.ssf/2012/02/multnomah_county_corrections_d_1.html
wonder why she had to go to another County’s jail for safety?
dog with a bone here
http://portlandtribune.com/component/content/article?id=49099
A river rife with felons.
Schults was in charge of River Patrol only 6 mos. before.
Schultz served with, was close to SARS coordinator Herron (from River Patrol).
So why was Schults not out on the River by Sauvie,
searching in collaboration w/ Herron, dive teams, etc.
(My thesis was Something went wrong on his watch w/River Patrol just before he
peter principaled up to head of a single jail.
very odd an ex-head of River Patrol lived with Hormans.
Probably to chit chat with Teri about Sauvie & the roads.
Does everyone know that these cats all served with Elliot? Herron owned a clipboard of river-based smash and grabs. This became the largest search in Oregon history because it was all they knew how to do. Astonishing. No amber alert, but funds a plenty for search overtime. New promotions , more money, padded retirement status and not even their jurisdiction to boot.
Not a bad gig.
B
wpg says:
August 2, 2013 at 9:21 am
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
———————————————
T. Ruth says:
August 3, 2013 at 3:15 pm
(snipped)
B
Not one nibble on the mandatory arrest I posted?
——————————————————————
@Blink – pondered, but wasn’t sure what I could add or ask. I have firsthand knowledge of Oregon Domestic Violence statutes in 1968-1969, 1982-1983, and 2008 – present. There are some issues with the current way things are done, but it’s a whole lot better than in the past.
Are we saying that any 911 calls made in 2009 or 2010 that are unexplained were likely to have been related to domestic violence of some sort? And are you saying you don’t think so because someone would have been arrested (not necessarily prosecuted) due to the mandatory arrest statute, and that didn’t happen?
Sorry – I’m sometimes distracted by 3 grandchildren and miss the ferry boat back and forth between ideas.
MBS- I hear you on the ferry- I miss it at least once per day
I am saying that under OR law, what was contained in the FAPA is enough to constitute an arrest under it’s mandatory arrest statute and I have to wonder why that did not happen. Except, I don’t really wonder because I don’t believe there was ever enough probable cause to substantiate the allegation and Kaine was lied to, and used as a pawn in furtherance of the investigation.
B
wpg says:
August 3, 2013 at 8:22 pm
There’s a pretty good possibility that OLive/MB subscribe to OJIN.
jmo, but something like a no-contact order would be filed and put into the system(s) quickly. LE, I would think, would need to have ready access from whatever system in case of an incident/violation of order.
MB’s article wasn’t posted until Thursday evening at 7:12pm, so I can see OJIN being a possible information source.IF, if this is a 2-way no-contact order I can understand why OLive may have chose NOT TO DISCLOSE locations related to/frequented by TMH./
Following WPG. Very possible. Olive can afford the fee. But I’ve been at the courthouse with MB. She must be getting some docs the mainstream way. Which ones and why…???
I do know that the last one she did of the new contact-order was NOT in print in the NP the next day. It also got triple the hits that the previous two did, online.
Not sure that TMH’s Roseburg address would be something MB would be worried about exposing, given the stake-outs near her address thoughout this sad case that her colleague, Lynne Terry, promoted on Mother’s Day.
FAPA conversion updates are immediate in LE database- which means they are then immediately distributed to the appropriate jurisdictions and locations as named therein. The no contact order in this case is civil, not criminal, so it may be that the only update was the expiration of FAPA. Again, would need to read the order. I don’t think it would automatically populate in OJIN, but would appear only after it is entered into the file.
B
@Bumble. The problem is any attorney’s if he holds media appearances and with puffery & dramatic flair states he will peel back layers if onion, depose, subpowena and presents a highly aggressive suit again an unnamed poi informally coupled with, imo knowingly, a public campaign to indirectly raise monies for his fees. Houze coukd easily make a Bar complaint. Imo he was skirting suspension if not more. My advice is Kelly shuts down that site immediately and sends excess funds to BKHF.
The bus driver btw did not think if much less begin her own site. Moreover a professional, a stranger, mounted it and did a professional job. Desiree’s is what it is and far different.
re “especially one married to the target, you know the kind that cannot be compelled to testify against one another in the first place in criminal law”
Well, duh, I didn’t think of that. of course it makes sense not too swift workers at ADA and/or mcso thought to divide, & conquer post-divorce just ducky, anticipating a criminal circumstantial case. until Houze/Bunch arrived and the Chiefs paid attention to the byproducts.
re “This became the largest search in Oregon history because it was all they knew how to do”.
Clap, clap. although, it’s taken me 2 years & this site to understand that.
I think I understand Desiree’s susceptibility to buy in to mcso storyline (her issue).
And she identified (fused) with Herron & Seach.
But, Kaine, I don’t understand. I realize his social systems, milieu and worldview are narrow & circumscribed.
That’s not a bad thing. Works for many to enable a happy life. On many fronts he’s had a successful adult life.
But his analytical capabilities must be greater than this. So, I am still not understanding him.
Do you think when divorce is final he will be capable of acting independently of mcso?
MOO:
I think Kaine and TMH were on the verge of divorce and TMH was not the only person with outside interests. I think this occurred because as much as he loves his daughter- he was not interested in another child and to his credit, historically he has little respect for side effects of pregnancy or likely the ensuing perspective of my former lover now a mother. Very common.
TMH hypersexualizes and identifies with the former bikini bod, so does Kaine, so now what? We need something to divert issues and get by. Worked for a while. But did it? The cracks in the sidewalk here are obvious to me as we look back.
I have never met either party, so my observations are a mash of hindsight information, my training education and experience as it relates to criminal psycopathy and outcomes. In particular, my chosen vex here is the lack of- truly abnormal anything in this household that does not occur in some percentage I could not quote but guessing close to 30%.
Conversely, if I look at just the abduction ground zero itself as a turn of the kaleidascope- at least the aspect that are known to me, as I will cover in my next piece- the circumstances profile “out” to a male offender with a description known to LE who has to date not been accounted for. Has anyone ever noticed that in no filing, no brief, no narrative, is this mentioned? Not even by Kyron’s parents while be very clear to establish blame where it was told them- it belongs. On this issue I stop here so as not to get ahead of myself.
Bottom line is this: If you KNOW the SZ exists- then as an investigator you MUST find the nexus to TMH or anyone else, but since they have established TMH is responsible, specifically, to her. They don’t mention it because they can’t even put a name to the face to the incident and their list of possibles that fit the profile but remain unknown but attach to TMH is zero.
“And one other person” is not a suspect, and it is not TMH so there we are.
Ultimately- Kaine should be and is concerned that TMH has legal remedy against his actions if she is not responsible or ever named a suspect in this case- whether that is wrt disollution or other civil filings AS WELL AS his concern for the public appearance of what he was willing to do to without so much as a second opinion or criminal legal consult. This man is an analyst, he deals with security and clearance matters. I don’t believe for a second that he did not consider the underside of this with the exception that regardless, this marriage was over anyhoo, and that he knew financially it is he who needed her to be responsible for anything.
I would like to grant him half a pass if one thing is true: If his state of mind at the time was so panicked as to the belief that TMH was definitely either capable of killing his child, his other child’s big brother, or arranging the perfect alien abduction, then at first, I could see it. That said, going forward, instead of driving in the engineers booth perhaps he could have slowed the train or changed tracks to find his child. There is no other explanation I can come up with to date that he keeps maintaining Kyron is coming home other than the fact that he already does not believe TMH would ever physically harm him.
It’s there I get furious at his behavior. If you know the chief legal theory is kaput in your mind, why the hell do you not begin the process of securing a better one in efforts to locate this little boy? Running awareness campaigns and assuming someone is going to spot his face on the side of a truck belies every known fact in this case.
His saving grace will be if they can agree on terms wrt the divorce- but having read Engel’s previous briefs, and dont get me started on Rackner’s- I doubt that. I get the firm impression that Bunch/Houze had knowledge of something in this case that will appear to our outright exonerate their client, or implicate MCSO that everyone already knows would make it impossible to charge TMH with anything. As we all know the basis of the RO was the only available scope for the hearing, and the 2 people that Bunch/Houze chose to depose (announced and served within the hearing to renew) were Kaine and O’Donnell, I say it is what I have feared all along- this red headed domino is the snafu that was concocted by and/or maintained by those 2.
Is there an IA investigation currently I wonder?
B
So, when Kaine & Terri are divorced, they can be compelled to testify against one another in either the MFH or the disappearance of Kyron?
(Trying to understand why suddenly Mr. Horman is going “full-throttle” for the divorce.)
If there is ever a criminal matter? To broad to guess, depends on many variables. He will be subject to deposition in the divorce case, though, provided it proceeds to trial.
B
PS I get that the Wittren lad was charged for sodomy SO of minors as a scout asst leader in another County & his Multnomah Cty charge was heterosexual SO of a minor. (Stories flashed on OLive) However, he was arrested in Mult Cty, presumably his home. Any chance this disturbed lad (who himself was victimized, he defenda) went to Lincoln and was in James’ Scout Troop? Was James’ scout troop in Multnomah prior to Roseberg?
JMO, but I think the people who donated to the Gofundme page, just want to do whatever they can to help Desiree find Kyron. No matter where there money is spent. Attorney’s Fees, transportation fees to and from Portland to court, whatever. If I were Desiree, and that money hasn’t already been eaten up by such, then I would take whatever balance there is and put it in the Kyron Horman Fund, which is the fund set up by MCSO to fund it’s searches, and/or I would do what she said she would and put the money into a fund for all missing children, such as the National Center for Exploited and Missing Children. I sure as heck would not give it Kaine, because to this day, we have no idea how much and where that money is going/gone, and personally I think the comments made by her Dad makes me think she feels the same way.
@Lauren says:
August 3, 2013 at 7:06 pm
Just three miles north of where DAD was originally partying that night. I wonder if they would ever be able to, from a decomposed hand in salt water all that time, find DNA?
@Rose
“KH was colluding even at the beginning with Schuls & mcso.
I don’t think it started with “failed polys” but before when Schults moved in.
No, I don’t think ransom ideation led to his internal stakeout. I think he was on Terri observation duty from day 1.”
And I have been saying this since the fall of 2010. We have a “hysterical” mom frought with loss of her son. At 4pm-early eve…questioning school, calling 911, prolly searching the school, calling birthmom, talking to PPB, then MCSO show up, calls go home to PPS parents, FB friends, familiy start posting to her en mass…how can they help? Late evening it continues with Shultz and Medford “support” staying at her home.
Prolly a late night if any sleep at all. Next day James comes home. Phones ringing off hook. Kiara to hold and take care of . FB coordination of peeps, shirts, posters, setting herself up as base to distribute. Talking, talking to FBI, etc. Fielding questions, etc. from an ever-suspecting pair of parents from Medford.
And this must be the SHORT list.
Then…same day. The first Poly. Up to 5 hours! Jesus. I’d be telling them to shut up, go peel some potatoes, and help find KYRON!
True from public’s pov TRuth.
On the other hand, to so advertise for a meritless suit (a legal term) could be construed as fraudulant.
Who perpetrated the fraud, if found so, would be arguable. (kelly v Desiree v any attorney with awareness)
Their blessing is no one from their donor base is gonna sue.
This is the heart of the issue when we get into legal funding. It is really an argument basis for the respondent/defendant to support frivolity among other talking points. I agree people can do what they want with their cash legally, but I also believe that there are rules and statutes for requesting same. There was a phone number associated with what was dubbed a bogus fundraising caller a few weeks ago. Anyone see an update?
Lastly- If I am Wagner, my first motion is to request disclosure of the fee agreement schedule, given their is an open advertisement to fund it. Once that was on the record, I am not so sure a Judge is letting her withdraw without costs.
Unless Kyron is found and there is a basis for a new suit, she lost her right to sue anyone for what happened at Skyline June 4th 2010. How the eff does anyone think that advice was worth $11K. Houze called it meritless because he could prove it was, of this I am positive. Why not add the school, drop TMH and preserve the suit?
B