Kyron Horman Exclusive Report: New Suspect And Botched Investigation Rumors Abound- Terri Horman Prepares To Fight For Couples Daughter Following Seclusion
If you are reading this and have followed the Kyron Homan disappearance coverage since he vanished from Skyline School on June 4th 2010, you know my coverage and commentary has focused on the macro analysis of the case details- both publicly available and via developed sources. This report contains newly released information known to law enforcement. It’s contents, to include reader commentary and moderation response, may not be reproduced or copied without express written consent by it’s author in accordance with applicable copyright law.
*TONIGHT* LIVE ON THE DANA PRETZER SHOW- S. Christina Stoy, Editor In Chief discusses the Kyron Horman Case status LIVE at 9PM EST.
Last Week’s Meet And Greet
On Tuesday July 30th, the attorneys representing Terri Moulton Horman, Kaine Horman and Desiree Young attended a series of case hearings. Not held in chambers as announced, but public guests were barred.
On the docket- Desiree Young’s “stay” status of the $10 million dollar civil tort action brought against Terri Horman and the dissolution (divorce and custody) litigation brought by Kaine Horman, Terri’s estranged husband. Until July 26th, there were additional hearings and status conferences scheduled for the recently renewed Freedom From Abuse and Protection Act (FAPA) motion to contest and compel depositions in the restraining order prohibiting Terri Horman from contact with the couple’s daughter Kiara, now 5 years old. Horman has not seen her daughter since June 2010 despite several attempts through counsel to arrange parenting time. Engel, one of the attorneys representing Kaine Horman, argues that the FAPA case is consolidated with the divorce action, and therefore stayed.
Peter Bunch, counsel for Terri Horman, argues that there is no consolidation order.
Non attorney’s still do not understand how the initial proceeding to renew the FAPA order occurred when the plaintiff failed to file the required motion and accompanying affidavits in advance as required, or even serve the respondent’s attorneys until ordered to do so by Judge Henry Kantor once the hearing commenced. Kantor ordered the renewal anyway. I will let the goodly Oregon bar members weigh in on that anomaly.
That was then. This is now.
As of July 31st, the FAPA restraining order was expired and a civil no contact order was put in its place. The dissolution matter (divorce) stay has been lifted and Desiree Young announced she was instructing her attorney’s to withdraw the $10 million dollar suit financed by public donations.
On the same front steps where Atty Rosenthal announced that they were launching the suit to peel the onion that is to include law enforcement, and to “make Terri Horman talk” was withdrawn in similar fashion.
However, on this occasion, Multnomah County District Attorney Rod Underhill was not spotted on the steps observing. Rosenthal and Young indicated the recent appearance and testimony of former object of compulsion to testify, DeDe Spicher, as well as information that the investigative case file necessary (their words) to prove their claims would not be forthcoming. In an article analyzing the suit appearing on BOC it was predicted that Ms. Young would face possible countersuit and associated fees should the suit continue as filed.
Attorneys for both Kaine and Terri appeared before Multnomah County Circuit Family law Judge Susan Svetkey on August 1, 2013. Judge Svetkey is Houze’s wife. The docket information for that hearing has not yet been entered into the file as of this publication.
The only comment about the withdrawal of the civil tort action by Stephen Houze:
“The lawsuit was unfounded and lacking in legal merit,” Houze said. “One can only hope that the dismissal of this meritless lawsuit receives the same degree of media scrutiny as was given to its filing.”
In recent interviews, Kaine Horman has intimated that his wife has expressed her desire to help find Kyron, or at least contribute to excluding herself as a possible suspect. He also admitted that he no longer has any communication with Desiree Young, Kyron’s mother. He sometimes wonders what law enforcement is actually doing on his son’s case. This is a firm departure from how Mr. Horman initially retained his six figure attorney Laura Rackner of Gearing, Rackner, and Engel & McGrath. Ms. Rackner appears to have promulgated her duties of late to her partner, Brett Engel.
This all seemed to start when formidable and well known tort Attorney Mark Wagner came out of retirement to appear as counsel for Terri Horman. Wagner and Rackner know each other, and Rackner is no stranger to LE –based dissolution entanglements.
In fact, Wagner represented her and her previous firm successfully.
Kaine Horman’s attorney Laura Rackner is no stranger to law enforcement infused litigation. She is a former prosecutor for Oregon’s department of Justice, The U.S. Department of Justice, and Office of Chief Counsel. Ms. Rackner has specificity in Drug Enforcement Administration (DEA) casework.
Born in Minneapolis, Minnesota, Laura received her B.S. in 1979 and her J.D. in 1984, both from the University of Oregon.
Prior to entering private practice, Laura served as deputy district attorney in the Marion County District Attorney’s Office; assistant attorney general in the Oregon Department of Justice; and on the staff of the U.S. Department of Justice, Office of Chief Counsel, Drug Enforcement Administration.
Martin Rob Cagan, The bagel king and according to him, a supreme target of a police shakedown at the hands of his former spouse’s attorneys was the litigious sort.
In fact, this may be how Atty Wagner decides to come out of retirement and become part of Terri Horman’s defense team while the civil suit was active.
Wagner’s firm represented Ms. Rackner in a suit filed by Rob Cagan in which he sued the Dueshete Police Department, A partner in the firm representing Caroleen Vanhoomissen, the suit (or ramblings of a very angry divorcee) alleges that the firm and its lawyers facilitated the difficulties of Mr. Cagan utilizing law enforcement sources directly by the attorneys was dismissed.
Ms. Vanhoomissen, the sister of Judge Vanhoomissen is also the owner of a horse farm in Bend, Oregon. Blinkoncrime was unable to verify if it was the Bend horse farm searched in the early days of the investigation for Kyron.
Attorney Rackner’s prior working relationship with the DEA, the very agency that supplied the undercover officer in the failed sting involving Horman landscaper Rudy Sanchez begs the question- Did Rackner use her contacts and/or credentials to facilitate a surreptitious ruse to gain favor for her client in anticipation of his wife’s potential arrest?
Kaine is on record that law enforcement informed him they had probable cause to arrest Terri. What is not on record, is what came first- the referral to Rackner.
I just want to do what I can to help law enforcement
Seems like an odd comment coming from a family attorney with a background as a prosecutor working with the DEA, which agency subsequently becomes involved in the case- or initially led to her representation- the chicken or the egg facts remain unclear.
The ex parte and originally sealed restraining order did not exclude Terri Horman from the marital home. Was this an oversight of a very seasoned family attorney or was the basis of the now defunct restraining order as provided to Kaine Horman and Laura Rackner by law enforcement effectively invalidated by Terri Horman calling 911?
Is the reason that Atty Engel seems to have taken over representation of Kaine Horman due to the fact that these actions could render Ms. Rackner a witness in her client’s case as opposed to his Attorney?
In the motions and subsequent hearing scheduled for July 30th, the only available arguments outside of the parties agreement is to contest the basis for the FAPA order- or, the allegation Kaine Horman has made within his affidavits more than once, that his wife tried to hire “our landscaper” to kill him, and that she is being investigated for “violent crimes.”
The order was converted to a civil no-contact order which has not yet been added to the file for public review.
Desiree and Kaine’s respective camps both claimed “protecting the integrity of the investigation” was their only interest although the ONLY 2 witnesses who were summoned for deposition by Terri Horman’s lawyers were- the lead investigator of Kyron’s investigation for 18 months- Bobby John O’Donnell and Kaine Horman.
Back To School
Skyline School, the International Baccalaureate candidate who announced the IB open house format weeks earlier via take home handouts to its students and also by displaying the event on its marquis has never been declared a crime scene. Although in nearly every legal support brief or news coverage article Terri Horman was dubbed “the last person to be seen with Kyron Horman” or more recently by Desiree Young as “Kyron was last seen by someone who cared about him at 8:45 am” absolutely no witness account or Science Fair insider was known publicly to dispute such accounts.
“Once I learned all that was going on that same day, in that same school, I did not understand why I was being told that Terri Horman was the suspect, and one other person… It never made sense to me that they knew Kyron was seen with someone else besides his stepmother after she left, that they seemed to not even consider another theory.” (*Editor’s Note*- parts of the source’s quote have been redacted as they would reveal identity of witnesses in an ongoing criminal investigation)
Sometime after Terri Horman left the school with her daughter Kiara in tow, she was captured on store video prior to Kyron’s exit from Skyline School. It is believed Kyron was last seen between 9:05 and 9:20 AM.
The following is a summation of multiple direct witness accounts, edited to protect witness identification only.
“…He must have been standing behind me because I only recall hearing him ask if the boy could help him bring some stuff in from his truck. I thought it was (edited) until he looked up at him and then he looked at Ms. Matthews for approval and she nodded her head yes in response. They walked out of the South entrance together and I do not recall seeing either of them again.
(Editor’s Note: It is believed that Desiree and Kaine’s comments about concern that instruction they gave him last year about listening to staff “came back to haunt them.” They have never acknowledged they were told about this witness account but a source close to www.blinkoncrime.com has confirmed they were informed but not given a witness description.
www.blinkoncrime.com has confirmed the EXIF data on the image includes the timestamp of June 4 2010 at 8:43AM PST.
Backstory OR Backdrop?
Among the peers of Kyron Horman in attendance on June 4th, were some children whose parents may have been granted access via the open house format, although documents filed with the school and LE would preclude the parents from removing them.
In fact, the mother of a chief witness in this case was arrested that very day for attempting to fill a script that did not belong to her, in a pharmacy that Terri Horman allegedly also visited that morning.
Another child whose parents lost custody due to very long histories with substance abuse and associated criminal behavior had the additional possible misfortune of closely resembling both Kaine and Terri Horman.
It is unknown whether either parent took the opportunity to visit the school that day, but they were not included on the published list. While barred legally from removing their child from the school they could not be barred from a publicly announced invitational. There was no ID checks or sign-in sheets for non-volunteer guests.
In an unrelated twist, the child’s Father was found deceased in front of a Portland residence in April 2012. The name of the child and Kyron’s schoolmate, guardians and parents are being intentionally withheld for this article.
Sovereignty In lieu Of..
Among the many unanswered questions in Kyron’s disappearance: Why hasn’t the school been held accountable? He disappeared on their watch- with a concise standard of care duty and plan.
What really happened?
There is no dispute that Kyron had an exchange that resulted in a teacher nodding her approval that Kyron assist a man in his stated purpose- to bring things in from his truck. There is no dispute that Kyron was last seen at Skyline School. There is no dispute that both Kyron’s parents expressed concern that last year’s discipline involving instruction on being a better listener may have come back to haunt them. They said so.
What may be in dispute, for sure, is how accurate the list of attendees at the Skyline School of June 4th, 2010 is.
As an example, one witness told Editor In Chief, S. Christina Stoy that a young male former student said hello to Susan Hall and when asked by a parent who the lad was a few days later, she said she was not sure. He is NOT on the list.
When another parent subsequently asked Ms. Hall who the student was following Kyron’s disappearance to verify he was on the published list- she responded she could not remember. Ms. Hall was the Skyline Administrative staff who contacted 911 upon speaking to Terri Horman and learning Kyron was not on the bus. Hall subsequently contacted Desiree Young. She did this while the Horman’s were on their way back to the school to see if Kyron might have thought he was being picked up that day as opposed to riding the bus or some other sort of snafu.
According to the MCSO, the school records that could assist the investigation were never requested to be preserved by investigators and as a result were deleted.
So why was the Skyline School never named as a defendant in the previously pending litigation filed by Kyron’s mother Desiree Young?
The reason may lie in the recreational designation utilized on June 4th, 2010.
According to the National Policy and Legal Analysis Network (napl) it may be a simple question of whether Kyron disappeared during the “recreational” portion of the program.
Napl’s guidance to lawyer’s advising Oregon schools can be read here. Although the overall plan is relative to an obesity initiative, it would include research and advice on any school recreational or regularly scheduled event. Please tell me Cogen does not factor into this.
The following are excerpts from the report:
…”Absent special liability protection, school districts and other providers of recreational facilities have the legal duty to take reasonable precautions to prevent injury. What is reasonable is very context specific and depends on many things: most important, the nature of the harm, the difficulty of preventing it, and generally accepted standards in the management of recreational facilities…”
…” The only immunity Oregon grants to public bodies, which include school districts,2 is discretionary government immunity.3 Discretionary government immunity applies to choices “among alternative public policies by persons to whom responsibility for such policies have been delegated.”4 To fall under the protection of this doctrine, Oregon courts have said, the choice must result from the exercise of judgment and involve a public policy or nonroutine day-to-day activity.
…” In summary, Oregon immunizes schools for policy choices its officials make, but it holds schools liable for breaches of duty that occur in carrying out those policy choices…”
…” The recreational user statute should therefore provide strong protection to Oregon schools seeking to avoid liability arising from after-hours outdoor recreational programs on school grounds. Applying this statute to indoor recreational activities, however, is much riskier, although the case law does not preclude such a strategy.
Regular School Day- Changes Things
…” In Oregon, schools owe students a duty to “supervise at all times the conduct of children on school grounds and to enforce those rules and regulations necessary to their protection. . . . The standard of care imposed upon school personnel in carrying out the duty to supervise the conduct of students is that degree of care which a person of ordinary prudence, charged with comparable duties, would exercise under the same circumstances.”37
Is the issue of liability to Skyline School relegated to what time Kyron was abducted, presuming he was abducted, as is believed?
As we know, the school opened early the morning of June 4th, 2010, as was displayed on the school’s marquis at least 2 weeks prior. Without particular knowledge of when the suspect responsible for Kyron’s disappearance entered the school, and under what auspice, one is left to the timeline of Kyron’s activities as juxtaposed with the start of the school day. As a regular standard of care, one could argue that begins with a student getting on the bus, if a passenger, on their regular route. What if a bus passenger is attending the “event” outside of the bus transportation? Admittedly, it seems moot inasmuch as neither one of Kyron’s parents have filed suit against the school or named them as having any negligence or liability. That said, it remains a possibility in the event Kyron is found.
There is no question Kyron was seen after 8:45AM- which is the time that a regularly scheduled bus arrives- which would ring the bell, so to speak, on the normal school day.
To be Continued:
Roid Noise And The Boys In Blue- Publishing Thursday August 8. Preview Discussion Tonight on THE DANA PRETZER SHOW.
Ellie Sanders contributed research to this report.
Jacqueline Beaufort, contributing editor
Image retouching courtesy of Klaasend