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.
Click Here To Listen To Podcast
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.
Bagel Finagle
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.
Record Scratch.
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 outcome?
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.
Until now.
“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)
Electric Slide?
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.
Classroom 1 Property of www.blinkoncrime.com
(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.
Non Custodial Parent Red Long Hair
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?
Very possibly.
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
Previous Coverage:
http://blinkoncrime.com/2011/01/30/fugitive-cop-shooter-david-durhams-house-located-in-new-kyron-horman-search-grid/
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The statement: “Terri was the last person to see Kyron alive” has been used many many times by local media and by Sheriff Staton. It has bothered me since the beginning. For one thing it suggests he is no longer alive, that he disappeared instantly in a puff of pixie dust while in a school full of people. We know that at the very least other students saw him after Terri left, and thanks to Blink we now know that Ms Matthews, SZ and other adults saw him. Therefore this statement is absolutely false. WTF? I understand that cops routinely lie to suspects during interrogation, but does that mean they can tell blatant lies to the public in the course of releasing “information”? A suspect gets in big trouble for lying to a cop, but is that only one-sided? I am also doubtful of the missing records from the school. Might this be another lie in hopes of preventing Terri’s attorney from accessing them?
@anybody who knows: is LE or DA under obligation to tell truth to public ever about anything? Are there any standards at all?
When a 60 yo whose employment online is said to be in “mental health,” is hired by PPS as a special ed para, imo PPS must hire & promote as much on who you know as do Portland gov’t & mcso. Imo sped paras are there to implement legal ieps much of which are based on specialized teaching techniques in reading, writing, & math they are trained to, hopefully. Even if a new para employee were in a behavioral unit, ie with low functioning autism, that also relies on professional training in techniques for the ed setting. I get the feeling it’s connections & interpersonal likeability PPS principals go by. . Clearly these are both kind, attractive people. Personally, I’d take 3 jobs there to get my kid in private until high school anyway.
Ya know, I don’t know what Keefer would know about the investigation, but I do know, he was the very first one to publicly say this was a criminal investigation, at which time he was immediately removed from the microphone by Gates.
The only other thing I know is he was one of the first called to testify at the GJ. Why? Like you say other than general stuff and why the damn doors weren’t locked, and why they didn’t use sign in’s and badges that day, I don’t know. OTOH, he could be the second *teacher/person* who *thought* Kyron was going to a doctor appointment. Kim Holm use words “they thought”, and IIRC, Shelby said “two teachers” thought he left with his mother. (I think.)
This has gone on waaay to long without answers about what actually knowing how a child went missing from a public school. I have to agree with former sheriff Guisto, Sheriff Staton owes the public some answers.
I gotta wonder what the Skyline community thinks of the dropping of the civil case and the RO. Why would Desiree drop the civil case if all that is needed is a preponderance of evidence? Because it doesn’t exist? What about the hate emails? The “she put it all in writing”? How can that community sit by and be comfortable without answers about what actually transpired at the school that day? IDK.
Why is the volunteer sign in, (separate from a general sign in sheet) in the basement? Was SZ told by someone to go down to the basement to sign in? Not that he would, but it set his course downstairs. It sounds as if the volunteer sign in sheet was on “the honor system.”
I would say the honor system is a good description. Iirc, there was also coffee and cookies or some sort of hospitality.
B
@TRuth. Personally as a prosecutor I’d call the principal near the top to lend a tone of gravitas, and prosecutorial pleasant bonding with principal, whom almost GJ’s would respect (The Principal!).
Hoping Keefer’s likeablity & salesmanship would rub off on me.
I gotta admit this case goes round and round.
Bottom Line: Missing – 7 year old Kyron Horman
Other than that I have nothing to add, other than I think LE has some “cards” that it has not shown yet.
Blink, That is the second time you have mentioned refreshments. Did someone need help bringing in the cupcakes?
I pondered it earlier wrt SZ, but I do not have any specific information on it, just an unanswerable possibility I guess.
B
@grasshopper says:
August 19, 2013 at 3:55 pm
I don’t recall any LE or KH using the word “alive” in those comments? Not saying it didn’t happen, but if you can link it I’d appreciate it.
@Rose says:
August 19, 2013 at 7:05 pm
Hah, sometimes you just crack me up, meant to comment on your last Rosenthal post! Good thing I’m not on the GJ, somethings might not just rub off, but rub me the wrong way.
@Cindy says:
August 19, 2013 at 9:48 pm
That is all we can hope, and I hope it is a “full boat” leading somewhere.
I would say the honor system is a good description. Iirc, there was also coffee and cookies or some sort of hospitality.
B
Lovely.
Since Blink is talking about an identical pickup seen, I want to mention that I saw at least one identical one in one of the neighborhood’s “Summer Gatherings” photos. Now, this is a very popular pickup truck here in Oregon, though most who are not Ranchers/Farmers or looking for an immediate testosterone lift, would purchase an F150 as opposed to a more gas-guzzling F250. Anyway, here’s my question:
Are we sure that the truck on the access road was an F250? Stenson’s was not. How do we know it wasn’t an F150 or a Chevy for that matter?
Are we taking for granted the reason LE used the Horman truck was because it was for sure an F250, or is it possible the witness just saw some other white pickup?
For the sake of some levity…
Redhead sea in downtown Portland attempts to break world record
Organizers said around 1,600 people showed up to attempt to break the Guinness World Record for the largest gathering of people with naturally red hair.
http://www.katu.com/news/local/Redhead-sea-at-Pioneer-Square-attempts-to-break-world-record-220067491.html
LOL. Thanks for that. I have 2 besties that are gingers and I will be sending this on.
B
If volunteer signin was at the cafeteria, maybe that’s where welcome coffee & whatever refreshments like donuts & bagels type were too.
I agree with prior poster while school pta might put out coffee, usually event “refreshments” in el ed are sales items.
However, it seems to me coffee/sales would’ve wound down by 9 when public tour was over. In my experience, in private, the school cafeteria catered; in public it was brought in by parents for sales.
Why the cafeteria for volunteers to sign in? In our el eds, it’s where kids congregate from
buses under supervision to wait prior to first bell.
Maybe the thought was they’d arrive at 8:35 bell,
signin, then progress to classrooms by 8:50.
However, at Skyline wasn’t the cafeteria the before &
after school day care site from by the Jewish private school?’
@TRuth
“last person to see him alive” here are a few links
http://www.katu.com/news/local/Kyron-Hormans-parents-due-for-court-appearance-today-212508111.html
http://www.ktvb.com/news/regional/156790375.html
http://usnews.nbcnews.com/_news/2012/06/01/12014375-mother-of-missing-kyron-horman-sues-boys-stepmom-for-10-million?lite
http://www.terrihorman.com/
http://askville.amazon.com/police-stepmom-info-missing-oregon-boy-reveal/AnswerViewer.do?requestId=69704303
http://abcnews.go.com/GMA/article/kyrons-parents-emotional-plea-home/story?id=11010421
you will notice that many of these links are not local. I know I have heard and seen it locally but when you google it, the word alive, though on the “hit” page is there, has been removed from the article itself. don’t know exactly why. I know max has included it in her articles but googling can not locate it.
T. Ruth
Some good questions about the trucks. Ford makes two versions of the 150 and 250 series trucks. The 150 is known as a 1/2 ton capacity and the 250 is 3/4 ton. The heavy duty or XL trucks have larger tires, engines and transmissions. A standard 150 series truck can pull a two or four wheel trailer with a load of up to about 8,000 lbs. The XL trucks are capable of handling a fifth wheel trailer. Those with dual rear wheels have more load capacity.
Many people, including me, own pick-ups for several reasons. They can haul things in the bed or with the proper hitch pull a trailer with more load capacity. The second is simply better visibility on the road.
Some of the new trucks have 18″ and 20″ tires that make them sit high compared to an automobile. This is a safety thing. The interior of modern pick-ups is just as fancy as an automobile with all the digital gauges and other devices.
In Texas they are known as “Cowboy Cadillacs”.
Gas mileage with 4,5, & 6 speed transmissions are as good as an auto when compared on a ton-mileage basis. What I am talking about is moving weight. A VW beetle for instance weighs about 1600 lbs while a pick-up truck weighs two to two and one-half times the weight of the VW. The truck gets up to 23 mpg while the beetle gets 36 mpg. At twice the weight, the truck beats the beetle in ton-miles per gallon.
You are right about identification. Many people cannot see a particular make and model on the road or parked and correctly identify it. Pick-up and truck color is the best they can do.
Isn’t there also an F350?
B
Well said GrassHopper – I, too, have cringed numerous times at that statement that is now the “norm”. With all the “found alive” cases, it’s offensive, even though it is in fact most likely. I totally agree that the rules of “truth” apply only to the accused and NOT to LE. They are 100% protected (even in cya / after-the-facts coverage and culpability with regards to active investigations.
Ooohhh, How I pray that in Kyron’s case, something — anything — is done, legal or not, to progress this case. I thought when Blink reported on the facts that had not yet been made public, something would happen. Ugh!!! Nothing yet, hoping Blink’s next installment progresses this case.
Lets all be 100% honest here, don’t fool yourselves!! If LE had anything (even minute) that could “stick” to TMH, she would be in custody.
After thousands of manhours and dollars spent, surely MCSO could have brought forth charges if evidence was present. I truly believe with all my heart that the only “leads” they have came from bios…and far-fetched assumptions of area community citizens that were looking for the easy and “safe” scenarios.
+++++++++++++++++++++++++++++++++++++
@ grasshopper says:
August 19, 2013 at 3:55 pm
The statement: “Terri was the last person to see Kyron alive” has been used many many times by local media and by Sheriff Staton. It has bothered me since the beginning. For one thing it suggests he is no longer alive, that he disappeared instantly in a puff of pixie dust while in a school full of people. We know that at the very least other students saw him after Terri left, and thanks to Blink we now know that Ms Matthews, SZ and other adults saw him. Therefore this statement is absolutely false. WTF? I understand that cops routinely lie to suspects during interrogation, but does that mean they can tell blatant lies to the public in the course of releasing “information”? A suspect gets in big trouble for lying to a cop, but is that only one-sided? I am also doubtful of the missing records from the school. Might this be another lie in hopes of preventing Terri’s attorney from accessing them?
@anybody who knows: is LE or DA under obligation to tell truth to public ever about anything? Are there any standards at all?
Prayers for Kyron and his family.
When KH went looking for a divorce attorney, did Rackner’s experience with the DEA solidify his choice? Is there a component to KH’s life that required an attorney with this knowledge?
snip>
“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.”**
http://blinkoncrime.com/2013/08/06/kyron-horman-exclusive-report-new-suspect-and-botched-investigation-rumors-abound-terri-horman-prepares-to-fight-for-couples-daughter-following-seclusion/comment-page-13/#comment-2183215
I would offer it is my opinion Rackner was LE’s referral to Kaine based on the existing relationship with the DEA, and their involvement with the sting. She has admitted direct contact with LE, and her goal to help them. Would have LOVED to be a fly on the wall when she heard about Wagner signing on.
B
IMO
I think that Kaine, Terri , and family court are currently arranging a supervised visitation for Terri and Kiara.
They are keeping this from the public because the ANTI crazy’s would start picketing or gathering at any site where they thought Terri might be able to see Kiara which would be very scary for Kiara. This is probably something both Kaine and Terri could agree on.
what a misuse of government resources.
hope the DEA Supervisor who
put his man in the Horman
field got reprimanded.
@January, wrt Houze silence. Is of the Jacob Stein strain of defense lawyers (imo men of stature):
“Stein is also known to be stingy with the news media. On his office wall he once had a bluefish mounted on a plaque with the inscription, “If I’d kept my big mouth shut, I wouldn’t be here.”
http://www.cnn.com/ALLPOLITICS/1998/06/03/cacheris.stein/
Jacob Stein-isms:
“A bully is to be met with dignity and infinite resources of silence interrupted by an occasional undisputed fact.”
http://www.dcbar.org/for_lawyers/resources/publications/washington_lawyer/november_2002/spectator.cfm
http://www.jstor.org/discover/10.2307/29759850?uid=3739704&uid=2460338175&uid=2460337855&uid=2&uid=4&uid=83&uid=63&uid=3739256&sid=2110256795789
essays: http://www.thecapitol.net/Store/book_legalspectator.html
T. Ruth says:
August 19, 2013 at 10:52 pm
I would say the honor system is a good description. Iirc, there was also coffee and cookies or some sort of hospitality.
B
Lovely.
**********************************************************************
Ok, so maybe I’m a little off in my assessment here, but I grew up in the area, so I’m going to give this a shot here . . . the honor system being used isn’t entirely out of the norm for this area. While I do think it should have been run tighter (clearly), it doesn’t seem to me that we (as Oregonians) have the same mindset as other parts of the country. Good or bad, I think that’s a part of why this case is so bungled.
I remember back when Ashley Pond and Miranda Gaddis went missing. I grew up about a 1/2 mile from were they lived. I was talking with someone and they seemed to think it was weird that you would wait at your neighbors house for the bus. I saw that as being completely normal. It’s raining, you can see the stop from the window, why wouldn’t you hang out there?
It just seems to me that we’re a little skewed in that sense. Call it Pollyanna or rose colored glasses, I still think this city is completely in a time warp with some of the things that go on “other places.” I don’t think we’re prepared as a city or a region for that matter. I think, again, as a group, we sort of feel like we’re special and that it really doesn’t happen here. Therefore, we sort of conduct ourselves in that manner.
I’ve traveled a lot and when I come back it’s just always struck me that there’s this mindset. It’s relaxed, it’s casual, we pride ourselves on trusting our neighbors and other people. I don’t always agree with it, but I can see this being handled very loosely, only realizing after the fact that it was handled so.
Blink,
I apologize if this was covered long ago, but help me understand how Kyrons glasses are relative to SZ. Did he know where kyron lived enough to know where to deposited them?
To answer you question Blink, there is an F350 model. This is commonly called a 1 ton truck in the pick-up configuration.
The 350 model is the beginning of the larger truck series and can be purchased without a bed. Just a cab and chassis only. Ford takes the series up to a model 750 which has a 35,000 lb. maximum gross weight. The 750 has replaced the old model F800 which were used in very heavy construction and oil field service and maintenance operations.
I have driven them all. To be road legal in most states an operator of the larger trucks must have a commercial drivers license.
I posted some of this last night but it disappeared:
I thought this was interesting:
http://legal-dictionary.thefreedictionary.com/Preponderance+of+Evidence
Under some circumstances use of the low preponderance of evidence standard may be a violation of constitutional rights. For example, if a state seeks to deprive natural parents of custody of their children, requiring only proof by a preponderance of evidence is a violation of the parents’ due process rights (Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 [1982]). Freedom in matters of family life is a fundamental liberty interest, and the government cannot take it away with only a modest evidentiary standard. However, a court may use a preponderance of evidence standard when a mother seeks to establish that a certain man is the father of her child (Rivera v. Minnich, 483 U.S. 574, 107 S. Ct. 3001, 97 L. Ed. 2d 473 [1987]). Most states use the preponderance of evidence standard in these cases because they have an interest in ensuring that fathers support their children.
Yes, Blink, apparently there’s even an Ford F450 now. I’m just wondering whether or not the witness who saw a truck on the access road knows which type of truck it was, or if they simply reported seeing “a white truck”. We don’t know what kind of truck was seen on Jim Kelly’s road that day either, do we?
Found two good picture of the access road, which as we can see is totally visible from the street. (Thanks to Kimster @ WS)
http://s876.photobucket.com/user/sym4sar/media/Kyron%20-%20August%202010/100_1495.jpg.html
IMO people would have still been leaving the science fair at the 9:00-9:20, driving right by there. It’s my understanding that this road is not an isolated area, there is traffic as it is a thoroughfare to somewhere. Just me I guess, but I find it hard to believe that anyone would attempt to abduct a child from this road when they had access to the empty back little parking lot where the buses turn around, which would have all been gone by then. Maybe because I’m not a an abductor, but I don’t get it.
@grasshopper says:
August 20, 2013 at 12:09 am
Thanks for posting those. I do recall one local media changing that statement as well. As far as Maxine goes, I don’t think so, reason is, because of her ties to MCSO, who insists “the have nothing to indicate Kyron is not alive”. Which, has always made me wonder then, why in the heck are they looking in bodies of water? Was it just tips of people seen throwing something in the water? People out fishing? At first I thought maybe they found some type of plant that only grows near the shoreline in the tire treads of the Horman truck or something. Who knows?
Wouldn’t ya’ll love to each have one of those 60 binders to go through? Errrr, maybe not.
****************
July 22, 2010:
(snipped)
Staton said investigators have not found any items that belong to Kyron, and again declined to name the stepmother, Terri Moulton Horman, as a person of interest in the investigation.
(snipped)
The sheriff said the stepmother, who has moved 175 miles away, has “not refused” any requests from his detectives.
http://www.katu.com/news/local/99041199.html
Can someone please tell me why Kaine, Desiree & Tony have said since, pretty much the beginning, that Terri was not cooperating, when LE has told us all along that she has cooperated? Why should we believe the three of them over LE?
T. Ruth says:
August 18, 2013 at 3:40 pm
@Rose & MbS
Yes, 100% agreement on the weird reaction by Principal and hush-hush of school. This comment from Keefer starting the next year has bugged me since the day I first read it:
http://www.pps.k12.or.us/community/4910.htm
The media has been the hardest thing by far. You’re under the microscope all the time in strange ways, and **you don’t know what their angle is**. I never thought that in planning back to school events, I would have to think about a press conference **to discuss the safety of our students**.
**************
WTH? A kid was lost last year inside your school, and you don’t understand the media’s angle, wanting to know what you’ve done to assure the safety of your students? Geeze Louise!
Have you all ever seen this? She is a counselor at George Middle School. ( Where Keefer is now.) Posted in January 2011:
(snipped)
When Kyron was first reported missing, all fingers were pointing at his school. He had been at the school in the morning, before the tardy bell, and was not reported missing until his afternoon bus did not drop him at home. Folks rushed to judgment – the school hadn’t been watching him, someone had snuck in and taken him, the grounds were unsafe, the staff negligent, the district uncaring and cheap. Why were there no security cameras? Why no campus police? Why did the Principal not have four sets of eyes and the skills of a psychic?
Much was made about the 7 hour lag time between the first morning bell and the afternoon bus drop off, and reasonably so. Had it really been that no one noticed the absence of this little guy on his special Science Fair day? Who should have reported him absent? The secretary? The Principal? The classroom teacher? Is it the school’s responsibility to notify parents that students are absent, or is it the parent’s responsibility to notify the school that their children are absent?
Many of our schools have a service known in our district as ‘the auto-dialer’. This is a recorded message service that calls and reports “Your student is absent today, Monday, June 11.” The recorded voice is low and monotone. It does not differentiate between a real person and a voice-mail, It cannot answer questions. On busy days, it may not reach a parent until 6 pm or later, and will only call if the absent child’s name has been punched into the system before noon. Sometimes it glitches and doesn’t call at all.
Most of us were horrified by Kyron’s disappearance, and we sat glued to the TV news. We updated each other, sent texts, searched our neighborhoods, posted for help on Facebook. People magazine picked up the story, as did other media sources. It haunted us all summer. By now we know that Kyron never made it to his morning class and was last seen leaving the cafeteria with his step mother. This changes the finger-pointing, and the caring school staff are no longer being tried in the media. However, it doesn’t change the bright light glaring on our very faulty system.
http://edsome.com/2011/01/safety-trauncy-and-prayers-for-kyron-hormon/
So anyway, who told this person Terri was last seen with Kyron in the cafeteria?
T-ruth. Well, we can make an educated guess, can’t we? A gung-ho, upward bound counselor, lots of ideas and possible infusions from the district (Via Keefer, eventually) to support her “media” ed. programs and move those marginal kids up? If Keefer was interesting in George they may have very well been having conversations. Do we know when Keefer decided not to stay at Skyline? Any rumblings before the transfer. But it is obvious by the hyperboles in her defense of Keefer that she was specifically defending him. Unless they are very close platonically….hmmm.
Hope we don’t have another Cogan thingie in the making..
A new attendance program at George that …… hmmm. actually calls home and the kid’s phones to get them to school?
A whining principal ……what was the reason he was transferred? While his kids were still at Skyline?
Just some thoughts.
This is what it comes down to…..”By now we know that Kyron never made it to his morning class and was last seen leaving the cafeteria with his step mother. This changes the finger-pointing, and the caring school staff are no longer being tried in the media. However, it doesn’t change the bright light glaring on our very faulty system.”
“THIS CHANGES the finger pointing”……
That is why I still say… “….but Ms. Porter THOUGHT that she had left for a doctor’s appointment…” was the game changer by the middle of the week following Kyron’s disappearance. And TMH had already had some finger-pointing done to her.
Ms. Porter, IIRC, NEVER said she marked Kyron absent at 10AM (highly unlikely), and her reported misconception about the doctor’s appointment was NOT part of the conversation on Friday afternoon, or we would have heard about it from Kaine. IMO
Thanks, Truth, for that link. I thought i’d read something like that blog a long time ago. I’m looking at her other projects.
@Blink
I would offer it is my opinion Rackner was LE’s referral to Kaine based on the existing relationship with the DEA, and their involvement with the sting. She has admitted direct contact with LE, and her goal to help them. Would have LOVED to be a fly on the wall when she heard about Wagner signing on.
B
I think more than just a referral. Sting is on Saturday. If it works…jail. How many divorce attorneys meet with you on Sunday, write up all the papers, get them ready to file, have a judge sign the R/O, get them served by 6pm on Monday? And, btw, have the DA’s office, i.e. Shrunk, have the judge SEAL all such records?
But LOL on Wagner. Maybe even Houze. Could they have expected that? On Tuesday eve?
But, of course, according to Staton at the time, the “divorce” was their thing, nothing to do with the
investigation.
Regarding redhead sea in downtown Portland tries to break record….you Portlanders have a truly awesome city!
While suspending AntiDeDe FB page, moderator asks her patrons to join two other coolers:
“If you have not yet, please like these other pages. These pages are updated daily with pictures & links…Thank you all again
Kyron Horman’s World Soldiers
Roseburg Supports Kyron Horman”
Not sure that will mollify Spicher.
Prior post urges search volunteers for DY’s next expedition, date unknown, directing patrons to her sister as event organizer & paperwork processor.
https://m.facebook.com/ArrestTerriMoultonHormanDedeSpicherTODAY?id=102091343258214&refsrc=http%3A%2F%2Fwww.google.com%2F&_rdr
wrt DY & KR, is there a chicken & egg issue wrt lawsuit, fundraising, search venture?
where is TY in all this?
wow, while the FB page headline says “AntiDeDe…. blah blah…”
that url above actually says arrestTMH.
apologies. I am shocked at the url blatancy
& understand if not posted. Can anything be done to get DY
out of this milieu’s orbit? I suspect
her imbedding in these groups has a lot to do with ER pulling out.
Blink,
I beg you not to post this publically. I do not post her although I do read and highly respect you work.
There is a group of poster over at Justice Quest Forum really attacking you. I have alerted but no action has been taken. Maybe you know the mods there and get something done. Hope you do get this.
http://www.justicequest.net/forums/showthread.php?t=74901&page=34
I would love to post on you forum but can’t figure your format out!
Keep up the goof work!
Respectfully Submitted.
@Rose the hatred, insults and accusations against Terri have been going on for a long time on Facebook. They claim to have Terms or Service but for some reason they don’t apply to hate pages like this. DY has encouraged them to harass Terri many times, still does. She appears to have immunity as “bio”. There have been many suggestions of and even calls for violence against Terri on the anti page. DY appears to have some sort of immunity, maybe cause of Tony being LE. The two of them went to Roseburg to harass her, urging locals to say, “Terri, where’s Kyron” and nothing was said about it. It appears that harassing, hating Terri is completely acceptable in today’s environment because of LE/DA attitude. Explain that to me.
mosaic says:
August 20, 2013 at 9:52 pm
Regarding redhead sea in downtown Portland tries to break record….you Portlanders have a truly awesome city!
@mos
Right up there with out gay-pride parade and naked-bike ride. Sights to see.
vw is not a red head apparently, lol.
B
Rose says:
August 20, 2013 at 11:44 pm
wow, while the FB page headline says “AntiDeDe…. blah blah…”
that url above actually says arrestTMH.
apologies. I am shocked at the url blatancy & understand if not posted. Can anything be done to get DY
out of this milieu’s orbit? I suspect her imbedding in these groups has a lot to do with ER pulling out.
@rose. Lynne Terry was also “embedded” in these groups. As was Anna Cazone from Koin. Team-players. Anything for the story.
Thought Maxine was shown the light, but after her misrepresentation of the new Contact Order; but she again omited the other side (as she did with the protective order coming from ER to protect DY’s mental/medical records and the omission of Bunch’s protest wrt the FAPA 2012).
The only ones who know the whole truth are those who blog or discuss the “left out” documents on sights other than Olive and KGW/KOIN.
TY? Nada from him since the stalking/putting up posters in Roseburg, spring 2011? 1st anniversary?
Long time. Didn’t go to the steps of the Justice Center either time; nor the suit hearings.
vw is not a red head apparently, lol.
B
LOL. As a matter of fact. Yep. Freckles and all. And i’m not deriding … i’d prolly partake IF
I were a few years younger, in a different profession, an had the same sex lover or
body to do so.
Thinking ’bout a new school year at Skyline.
Changes in leadership. Changes in demographics over the last 5 years.
http://www.pps.k12.or.us/schools-c/profiles/enrollment/enroll_out.php?rpt=721
Skyline’s test scores are rather alarming give the IB status.
But more noteworthy is 2017 projected attendance.
245….for a K-8 school?
Who else does not have FAITH in Skyline besides the ones that left that first year?
Prior post urges search volunteers for DY’s next expedition, date unknown, directing patrons to her sister as event organizer & paperwork processor.
https://m.facebook.com/ArrestTerriMoultonHormanDedeSpicherTODAY?id=102091343258214&refsrc=http%3A%2F%2Fwww.google.com%2F&_rdr
wrt DY & KR, is there a chicken & egg issue wrt lawsuit, fundraising, search venture?
where is TY in all this?
————
The dwindling gofundme donations have picked up some since the announcement about a search in late August that will include anyone who sends an email to Kelly. Can you imagine a large group of those seemingly unstable posters from the hater pages running around Skyline. I saw an announcement where they also solicited donations to go to the gofundme site to help finance a new search for Kyron.
@hervness,
If the main office was stopping visitors and asking for ID’s then it would be perfectly normal for the volunteer list to be on the honor system. It’s just that the list is of little or no value for this case, because the accuracy cannot be verified, and it would probably be who is not on the list that matters. My small town is much like you describe, I think I might know some of how you feel. How do we reconcile trust and caution?
hervness says:
August 20, 2013 at 2:40 pm
In our publics, a volunteer stops in the Office, gets a stickon visitor badge, and signs in on a volunteer list which includes times in & out & in high school car is added. There is a different sign-in list for other school visitors. I cannot believe this is not typical of PPS & imo Hall was in the job too long & maybe to begin with was a former parent rather than an AA professional. This was Keefer’s first principal job, & he seems tohave opted for Skyline way of doing business & popularity.
@VW. You will see the defensive & factually inaccurate (wrt Kyron abduction) George SIS’ husband has also been recently hired by PPS. My opinion after cursory online reading is they are a generous twosome whose family includes 2 foreign adoptions of special needs children, and to be admired.
My opinion is Keefer hires & promotions newly minted educators young (& at heart, like this SIS as well as Lou T) who are personable and enthusiastic. The trouble with that is those educators need a seasoned wise strong principal who just says no and teaches themwhat they don’t know about tested cirriculum & instruction as well as PPS policy and supervises & holds them accountable. Skyline test scores are not a problem of overtesting but underteaching imo
As I have mentioned previously, IB Middle curriculum & instruction differ so from high school IB it’s like a difference between the moon (middle) & sun (hs). My two children were in middle ib. (by high school, after years of the IB middle’s existence, parents had begun to ask, how does our family opt out?)
It began in 6th in el ed with the middle school 7-8 coordinator coming to manage and consult, continued in 7-8, and is capped in 9th by a personal project, which can be anything and often us raising money for a cause (my kid organized a 1 time fundraising concert). The written responses, the value, are undemanding & formulaic.
Middle IB changed the curriculum not one whit except reading now included non European/US writers–inclusion if SA & African author. It’s just written response reflections always had one paragr something like how the child ties their into the world. Kids quicklylearned to dash out a formulaic claptrap.
In our County, which has had IB middle maybe 2 decades?, IB Middle had NO impact on science, science fairs, math curriculum. Standards for science fair products come down to the teacher, assignment & her grading rubric. IB Middle does not raise or teach higher student progress than the already well run County curriculum. If Skyline parents have been told anything else by PPS, well no wonder they haven’t pursed truth in abduction.
@TRuth. re “For example, if a state seeks to deprive natural parents of custody of their children, requiring only proof by a preponderance of evidence is a violation of the parents’ due process rights (Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 [1982]). Freedom in matters of family life is a fundamental liberty interest, and the government cannot take it away with only a modest evidentiary standard” (url above)
That is why MCSO & the DA used the County Child Abuse Unit team (CAU) (Woods, Moawad, & O’Donnell) but never referred Kiara or Kyron (or James) to CPSD. The standard to interefere with parenting (ie a “no visits” or “supervised visits” in Family Court, where the ADA Moawad would have had to represent to a Judge Terri was dangerous to Kiara could not have been met in any LE/ADA’s wildest dreams even if they were willing to put on a scintilla of evidence. CPSD would’ve interviewed James at length btw, confidentially. Now that would’ve held weight
due to his age & independence from TMH residentially speaking.
In the 80s I knew of a child who was the first to have a termination of parental rights, litigated by a volunteer child’s attorney, for the purpose of adoption, in anyone’s memory in my jurisdiction. It was a successful pilot. Long before foster care, there was govt housing, food, medical care, parenting training, drug treatment, 24 hr homemaker services, job corps placement, transportation etc. Before you do a TPR, you have to provide resources & opportunities ad infinitum.
Govt & the Courts rightly value the primacy of the parent/child relationship.
Meisenheimer, Kantor & Rackner are atypical and have behaved unconscionably imo,
and the Portland press, as weak as it is, has had plenty of examples of local LE abuse of civil rights.
http://www.katu.com/news/local/Redhead-sea-at-Pioneer-Square-attempts-to-break-world-record-220067491.html
I love red hair, doesn’t look good on me though! In a more perfect world, where kids aren’t harmed, hated or stolen, maybe Terri & Kiara would have been on those steps.
VW, I hope they don’t miss the world record by *1*. LOL
Wonder how many of these women drive white F250 pickups? LOL
@Blink. I read you as saying that dropped suit against Rackner’s firm that Wagner defended was based
on an exhusband’s allegation Rackner on behalf if his wife used LE to achieve wins in their divorce matter.
As I looked above at the County use of law enforcement’s Child Abuse Unit without a cpsd referral,
imo in this case it’s the opposite–LE using Rackner & divorce Court to achieve LE ends. Was it the
same in bagel king’s suit–LE reaching out to Rackner as their vessel?
This seems like a real tit for tat thing if the cycle’s not interrupted.
I don’t think so, at least not directly and initially that I could tell.
B
Re: The Cauldron’s
Well, at least they’re attempting to do something constructive in searching for Kyron, as opposed to camping out on Terri’s parents’ doorstep. It will be interesting to see if they do get a search organized and where they go.
FWIW, KH is ordered by the court to not intimidate Terri Horman via a third party, DY is not, so it looks to me like she will continue to do so until she has either Kyron or Terri is arrested.
I know what you mean, I live a small, rural part of Oregon and I’m sure none of us want to think of our schools as some sort of prison.
It just upsets me off that on that day Skyline neglected to follow PPS policy and procedures, when they KNEW everyone was invited, yet seemed to make detailed efforts in other ways to make that school’s science fair shine. What really ticks me off is their apparent lack of self-examination of what part those in charge of that school played in Kyron’s disappearance. Hind sight is 20-20, but it also should bring about positive change so mistakes are not made again. Which, in Kyron’s case, the district put into effect immediately. Ben Keefer’s letter was ridiculous. Why would he think he is above being scrutinized for not following policy?
When Kyron went missing, everyone seemed to bolt into defensive action. Why not step up to the plate and say, you know what, we weren’t following policy that day, we never thought anything like this would happen here, but it did and we are so, so sorry. We will and already make certain we follow established protocol in the future. Instead of “you never know what their angle is”.
That being said, I don’t know if following the already established protocol would have kept Kyron from disappearing, I suppose it all depended on how badly the perp was intent on abducting Kyron Horman, on that particular day.
You know, if this was a complete stranger abduction, then it just may have been some other child who got taken other than Kyron. But why chance taking him from inside the school? Why not a bus stop, or some other place with less witnesses around?
I still feel that this person, whomever SZ is, was specifically targeting Kyron, was familiar with that school and it’s lack of protocol. Possibly even grooming him previously. And for some reason it HAD to be done that day, or the opportunity would disappear for SZ to do so. AMOO End of school? Leaving the area? IDK, but something made the science fair the perfect opportunity for SZ.
any signin system in every school we’ve attended
for school visitors & volunteers is the honor system, herveness.
And from time to time I skipped sign-in alas for my own reasons.
Publics generally have it in Office by visitor stickers.
A secretary should monitor
anyone grabbing a sticker is also writing.
It is enforcement of sticker from the Office
in the halls that matters. Imo Hall was too comfortable.
Visitors to the school are assigned badges, but Portland Public School District spokesman Matt Shelby said it would have been difficult to assign a badge to each visitor among the friends and family members who attended the science fair Friday morning.
http://www.nbcnews.com/id/37566861/ns/us_news-life/t/missing-ore-boy-cops-get-tips/
“it would have been difficult to assign a badge to each visitor”
I call BS on that. This was just more CYA, by the school district. Anyway, this comment, among others, and posts by locals, just shows that they were not following established protocol. Had then been, there would have been statements made to that effect.
A simple monitor at each entrance door that was unlocked and open in each building (which should have been no more than one or two) to stop people and check to see if they were wearing a badge and if not, redirected to the main entrance to go get one.
“THIS CHANGES the finger pointing”……
@vw, Yes, exactly. This makes me wonder how much of the finger pointing was done by the school for the sole reason of taking the blame off the school. I hope it is not the case, but because the school won’t say exactly what happened that morning, how a child was removed without authority, I just don’t know what to think.