Kyron Horman Missing: New Years Eve Settlement Ends Horman Marriage
Portland, OR- In a surprise court hearing, Judge Henry Kantor signed off on the agreement between Kaine Horman and Terri Moulton Horman to end their marriage this afternoon.
Details of the agreement have not been released publicly, but according to KGW, a financial settlement to include child support and a lump payment to Terri Horman has been reached.
In what can only be described as a bitter family court feud- the divorce matter was last in court on December 16th to decide if the Horman landscaper, Rodolfo Sanchez Estrada -who alleges Terri Horman tried to hire him to murder Kaine Horman at a lunch meeting – would testify.
Judge Kantor has not yet filed an order from that hearing but Attorneys for Terri Horman were granted a continuance from the pending temporary custody motion scheduled for December 19th and 20th.
BOC Associate Editor Tarin Kenley contributed to this report.
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Great thinking Jae.
I just can’t see this DA’s Office bringing criminal charges (for anything) against Kaine.
Wrt perjury, it would put their own Officer abd ASA Moawad or Woods and Rackner on the same hot seat or team bench. Wrt any other crime, DA would be messing with a key witness in a circumstantial case against Terri.
Should be ADA Moawad (at least my typo did have 2 SSs).
Grass, I just went back to your notes:
https://dl.dropboxusercontent.com/u/10147993/Surprise%20hearing%2012-31%20.pdf
Judge just asks Ms Moulton if she had discussed the
settlement terms with her lawyer, understood & accepted.
This is a detailed lengthy settlement document with fine print.
Personally I am outraged he did not additionally
ask if Ms Moulton had a copy and had read the entire document.
And Bunch shouldn’t skip any ins premiums.
@erose & TRuth. Tony has said in interviews he’s enthusiastic about circumstantial evidence.
Imo he began directing the direction of the investigation that first nite.
Bad detecting to take a vehicle for a search without a warrant.
What they found could’ve been thrown out.
comment on the divorce in whotalking terri horman from an
Expert Programming Group FB page
goes back to an IT business in Lebanon
http://www.epg-lebanon.com/about-us.html
https://m.facebook.com/epglebanon?id=606345012710617&refsrc=https%3A%2F%2Fwww.facebook.com%2Fepglebanon
comment said:
“Expert Programming Group : Kaine Horman, father of missing boy, and wife Terri divorce PORTLAND, Ore., Jan. 1 (UPI) — The divorce of Kaine Holman, father of a boy who has been missing since 2010, and Terri Holman was finalized in Multnomah County, Wash., court documents said.
11 hours ago – View – ”
copied from whotalking. I guess I find it strange a Lebanese programming business is following this divorce settlement.
—–
Rees referred to Terri in Oct as being the subject of a “pending criminal investigation.”
” ….relating to a pending criminal investigation,” Rees wrote.”
http://www.oregonlive.com/portland/index.ssf/2013/10/attorneys_for_kaine_horman_and.html
That differs from Charges.
—-
found the FAPA history on
http://rossislandblog.com/?p=321
by an interesting firm’s member
http://www.mcclendonowens.com
—–
http://www.mckinleyirvin.com/divorce-in-oregon/part-5/
another teaching Firm site
—-
This OR site says there is usually a
PreSettlement Conference with the Judge. That makes sense to me.
Also says Trials are ordinarily before a different Judge. If true, once again, Kantor doesn’t follow the norm.
Nothing about H v H seems to follow usual judicial procedure.
Quoting:
“Is there always a trial?
No. Most divorce cases are settled, sometimes after several months of wrangling and court proceedings, and after the spouses have spent many thousands of dollars which could have gone to the family. Pretrial settlement conferences with a judge are becoming more common. The few cases that do not settle go to trial (usually before a different judge), and all rules of procedure and evidence applicable in any civil lawsuit will be applied.”
http://www.divorcenet.com/states/oregon/or_faq01
—-
There are Divorce Financial Analysts!
http://www.institutedfa.com/Public.php?Articles-Avoiding-Common-Divorce-Pitfalls-13
very interesting
——-
comment on tax motives:
“Filing status is an important decision after the divorce. If you were still married on 12/31 of the tax year, you have the option of filing a joint return. If you can peacefully deal with your spouse after the divorce, you should consider this option as it could save considerable tax for both parties.
If you were divorced after 12/31 and you qualify, filing as head of household versus single can also save considerable tax dollars. Your best course of action is to consult with a tax professional regarding these options.”
http://www.womansdivorce.com/divorce-settlement.html
Live & learn.
It sounds like Kaine’s tax filing status was not a big motivator for the 12/31 “Emergency.” Perhaps “pending criminal charges” was in fact the motivator. Unless his prompter was cherchez la femme.
The only charge I can think of which would be unavoidable for a DA to press vis a vis Kaine would involve James imo.
Finally I am glad they are divorced
With you Malty.
B
I am somewhat late in commenting, as I generally takes Holidays and weekends off from BOC.
It would have made no sense for the divorce proceedings to go to trial. I assume the asset distribution was reasonable to both parties. Without knowing actual dollar amounts (account balances, mortgage balances, etc) it is hard to comment further.
The strange little addition about “pending criminal charges” against “him” is strange and vague. Steroid users don’t generally get prosecuted, and even so why would this involve legal action by TMH? If this were a misprint or intentional “error” and the word “her” was intended it still doesn’t make much sense to me. If TMH were charged with a crime, a civil suit against her “ex” would not appear to be a high priority. If TMH’s goal was to preserve her right to sue for slander or libel, why specifically mention “pending criminal charges” instead of more specifically specifying which rights she wished to reserve? Also, the statute of limitations has already passed for many of KH’s statements. Could there be IRS issues?
Unfortunately, the soap opera will drag on with the custody issues coming up. I hope both sides get together and resolve this quietly before Feb 12.
One thing that I found interesting about the now cancelled hearing is the absence of the “hateful emails”. If these emails really exist and TMH can be shown to have violent hatred of a child, this would be quite relevant in child custody issues concerning that child’s sister.
Allegedly, DY is planning another search this month.
I’m glad they are divorced but I can’t believe anything else is ever going to happen here.
I honestly can ‘t even read anything but this site. The local reporting makes me sick.
So, the crazy pair is divorced. They still will dominate the headlines as well as TM hate.
Good thing the locals can focus on what’s important/
My hope for the New Year is that no one I know ever needs impartiality or the assumption of innocence.
Not to mention screwed up law enforcement.
Rose says:
January 2, 2014 at 1:33 am
Grass, I just went back to your notes:
https://dl.dropboxusercontent.com/u/10147993/Surprise%20hearing%2012-31%20.pdf
Judge just asks Ms Moulton if she had discussed the
settlement terms with her lawyer, understood & accepted.
This is a detailed lengthy settlement document with fine print.
Personally I am outraged he did not additionally
ask if Ms Moulton had a copy and had read the entire document.
And Bunch shouldn’t skip any ins premiums.
~~~~~~~~~~~~~~~~~~
He certainly should have asked a few more questions given the rush to get this signed. why that rush? is only K benefits from the 2013 date, I guess that’s why an actual hearing was assembled in short order. If T wanted something there would be no hurry.
@Blink
What is US v Landon Britt et al?
http://1.bp.blogspot.com/-2mPVxQr_Oi4/Ur4OEvSrnVI/AAAAAAAAD2I/nacMvFKoQJI/s1600/P1012953.JPG
posted for the copy of Bunch’s Motion & Order modified by handwriting by HK.
OK in Grass’ notes Kantor (that Judge who after 8 days does not read attorney’s letter and waited over a week to schedule an Emergency Hearing for Bunch on the matter of RSE’s testimony) responded to Bunch’s concerns in the Courtroom about why Kantor made the RSE Order a Final Order.
And Kantor replied, I thought that’s what both sides wanted.
Here we have it in black & white.
Bunch’s Motion addressed a “preliminary” ruling.
Kantor crossed out the word preliminary.
It was an affirmative action Kantor took.
And what Bunch not only wanted, but thought had occurred
was writtenin black & white so no way Kantor could have “misunderstood”.
Kantor’s unilateral changing of text & intent
on a motion Bunch presented affecting the substance of the
litigation needs to be reported wherever one reports Judges , & Bunch needs to file for a change of Judge. In my opinion his errors in this case do not relate to the type of new subject matter
but attitude & sloppiness.
Indeed. I have a feeling though his client is against that idea as it would add additional time to conclusion or even to see her baby.
Still cannot believe no GAL.
B
@Grass. Shoukd’ve had a Presettlement Conference with Judge.
Perhaps Bunch thought it would be worthless as Kantor had never
had one before in a divorce.
My bet is Rackgel asked for the Emergency settlement having been given
info by DA the GJ is about to indict, or an arrest is about to occur.
KH would want their finances severed.
You suggesting TMH is about to be indicted or arrested? Why in the blue blazes would he settle and give her cash to pay a defense team when it was his entire goal all along to cut off her ability to pay for one?
B
TRuth says
I think the timing of this may be important to someone, I’d like to know who and why. Does a judge just drop everything, on a semi-freakin’ holiday to attend an emergency hearing and not ask why it had to be NOW? I don’t think so. So, IMO, Kantor knew what was up, AND why. I think it absolutely must have something to do with the DA’s office. JMO, but this is all fishy. Couple that with no motions being available in the public record requesting said hearing….WTH is going on in Multnomah County?
~~~~~~~~~~~~~~~~~~~~~
really good point. while they are all protective of K, the DA is golden boy. bet it was DA related somehow. the last minute nature of this hearing, with so little notice that I’m sure T couldn’t have physically attended without an Intel jet picking her up from Roseburg. Seems not too much to ask for her to be in physical attendance as I assume she planned for on Jan 2, on the docket for Jan 2.
No you did not make it up. Kantor said, when he instructed Rees to file motion to intervene, that he had to make that motion a hard copy, that email would not do it. the thing about the phone was an earlier hearing when Engel was talking about some deposition or maybe the evaluation, and said if they had a question about what could be discussed, they could call the judge. Kantor said no, he does not adjudicate over the phone.
and it was Judge Kantor, during one of the first hearings about whether LE telling K all sorts of stuff waived privilege, who said: Maybe it wasn’t true. Cops lie to people all the time. he said this with a grin, as though everybody surely knows that. he did use the word cop.
I was divorced in oregon several years ago. My husband had a pension account (not at Intel!) and a 401K. I can’t remember if they contained similar amounts or there was another way of evening them out, but he asked that I take the pension while he kept 401K because an employee has absolutely no control over pension investments and it cannot be withdrawn early. Only in case of a divorce. So we had the QDRO done. can’t remember if one or more. anyway, my own investment advisor rolled the money over into another retirement account, not Roth. no withdrawal of funds so no 10%. penalty or taxes. they are paid as money is withdrawn after retirement.
that said, T probably does need money so don’t know if that will be possible for her.
TRuth says, Am I missing a sting? Wait, backing up, Sting 1A, a cop staying at their house. (Btw, I could swear in the very beginning of this case, Desiree Young was quoted as needing a place to stay once in Portland. How convenient then, that TMH opened her doors to allow them to stay at their home. Her husband’s ex-wife and a cop. No questions asked. Wow.)
Where is Kyron? How did he end up gone, with absolutely ZERO trace, from a public school no less? That is the question. I hope 2014 finds him.
~~~~~~~~~~~~~~~~~~~~
you are hot today! so 2 cops in house that first night. the “liaison” and tony. I remember reading an article about it if I can find I’ll post. I assume DY and TY moved to hotel but other copy stayed a number of days. I think that qualifies for it’s own sting number, so that would be 1, gym trip 2, moving truck tow up to 3, RSE is 4 and dede would have been five. so the attempted frame started the first night! and for all that, they got NOTHING!
Are we certain it wasn’t the Bunch/Houze team who wanted the emergency hearing? If Bunch had originally thought the judge’s order was preliminary and then suddenly realized it was not, wouldn’t that make them change course in some way?
Maybe it is Terri who needs the money. That would not surprise me a bit. If all the Moulton’s PERS has gone toward paying three attorney’s fees, which I’m guessing it certainly could have, and they are only living on SS now, then perhaps Terri is a caregiver for her elderly parents and she wants to be able to use them as an exemption on her taxes? IDK, just throwing this out there. We’ve seen her mom several times, but I don’t know how well her Dad is doing, I hope he is okay.
I would just like to know who called this emergency hearing, which should be in the file, and as Grasshopper noted, it isn’t.
I don’t question was asked about hard copy settlement. this is the reason I don’t use quotation marks in my notes. I don’t necessarily have exact words but this was only 2 days ago. He asked about going over it carefully with her attorney, something like that and does she agree with it. tho I hardly ever stick up for Kantor, in this case since he personally insists on hard copies he might assume others do things that way too. and if you look at certificates of service in the file, Bunch routinely hand delivers hard copies to everybody entitled to them.. Engel usually faxes. DA emails, until Kantor insisted on hard copy.
and yes I agree that it is shameful that it is not uncommon for motions to never show up in file but responses do.
I didn’t realize there was a court jacket but obviously there should be something sitting there for the judge when he starts. so yes, where the heck was that signed order. maybe clerk did find a hard copy filed away but it was definitely not in front of him when hearing started.
mysteriouser and mysteriouser
yes Merkley is Oregon. you must never write to these people to stop. it encourages them since you obviously care. too bad you missed out on david wu and his tiger suit. google and you can see the picture!
I could be wrong, but since Terri wanted to settle this part of the divorce years ago, I’m thinking Terri was well aware what was in the divorce settlement documents. It was probably written up, long ago with possible changes made along the way. JMO
I tried to get information on the Civil Mutual Protective Order, and couldn’t find much. What is it based on? If the RO has been withdrawn due to lack of evidence, then what does a judge base a Mutual Protective Order on? Would it, does it not have to be based on something? I mean, would there not have to be some sort of affidavit/attachment (whatever the legal term might be) upon which the Judge is handing down a Mutual Protective Order, or is it his prerogative to just make one up whenever he feels like it?
*You, you stay away from her, and you, you stay away from him, and you, you stay away from your daughter as well, until this is all finalized, because I said so.* What is this thing based on, if not RSE’s testimony?
Grasshopper says: He certainly should have asked a few more questions given the rush to get this signed. why that rush? is only K benefits from the 2013 date, I guess that’s why an actual hearing was assembled in short order. If T wanted something there would be no hurry.
___
Terri agreed to the emergency hearing. She agreed to the asset distribution. Kantor signed off on the dissolution after offering each side a chance to back out or ask questions.
Terri is a thinking adult. She has representation whose job it is to go over the details, that is not the judge’s responsibility. She wouldn’t have signed if this didn’t in some way benefit her as well.
JMO
Agreed. TMH did well in this settlement as opposed to going to trial or she would have, of that I am certain. If that line about pending charges is correct- and I can tell you neither side is taking calls for comment on it- then this was drafted by Bunch. Would also be why he was so cordial.
B
Yep, no breaking news about a typo this morning so figured it’s true as written.
There are pending charges against Kaine and this divorce decree does not prevent her from a claim regarding those charges.
She may get more of what Kaine has at a later date depending on what those pending charges are.
I am confused about how the attorneys know there are pending charges yet no charges have been brought forth? Kaine and Engel agree there are pending charges and I’m guessing LE must have shared that with the attorneys.
There are circumstances where this can happen but I would prefer to get confirmation on the verbiage before I opine- and that does not appear to be forthcoming. I have continued to wonder if Engel’s blogger reference about finding RSE has to do with something that ended up criminal, however.
B
grasshopper says:
January 1, 2014 at 9:18 pm
(snipped)
I’m beginning to think we kids did better playing court in the backyard than these folks.
**************
Thanks for the chuckle, you made me think of the old “LAUGH IN” routines
http://www.youtube.com/watch?v=3hIcKkKID8k
As kids we were all saying and playing courtroom scenes after that, wish there was more to the video.
blink says, Agreed. TMH did well in this settlement as opposed to going to trial or she would have, of that I am certain. If that line about pending charges is correct- and I can tell you neither side is taking calls for comment on it- then this was drafted by Bunch. Would also be why he was so cordial.
B
~~~~~~~~~~~~~
Bunch was certainly cordial. although people responded the cordiality wasn’t mutual. And Kaine did not look happy when leaving court. rackner never looks happy and it’s hard to tell with Engel. He didn’t look pleased tho when giving his statement. and it is odd that Kaine not only did not look happy but refused face time with the camera. I’d have thought that he would say he’s pleased with the settlement, that now they can get back to finding Kyron, LE is still working the case. that kind of thing.
I come down on the side of the statement being true (big surprise) because of my earlier reasons. “the” pending criminal charges when there are none we know of for T. we would certainly hear all about LE hard work even if they didn’t reveal details. Respondent against Petitioner is another biggie if it’s a typo. We have reason to suspect that K as secrets. T might well know at least some of them but has refrained from revealing anything negative at all. We know from dede that T told Houze about steroids. Maybe there are other things she told Houze, and he would have looked for proof I imagine. WE are looking for proof! He might be biding his time. It’s so difficult because there has been no court occasion to get into anything like that, and didn’t somebody saw he likes to do his battles in the courtroom?
This next hearing is also a bit mysterious. Bunch will file briefs. plural. surely must be related to custody in some way, maybe MFH. His move on the chessboard.
I’m probably all wet Blink.
I thought he wouldn’t want to incur liability
associated wirh her defense after a charge as a
marital debt.
I reallycan’t think of any good reason Rackner et al
would term signing 12/31 an “Emergency” besides
someone’s imminent arrest. Imo it
wasn’t an Emergency. Could’ve handled it 1/1/14.
Kantor took 2 weekends & 1 week to hear the last Emergency.
The last brief tasking of Bunch was wrt RSE’ testimony.
Apparently Bunch’s letter of 12/23 & Courtroom chat was wrt Brief on what should I brief because
you signed a final order which I did not expect as an outcome of the last Hearing.
If Kaine faces pending criminal charges,
it is a criminal charge in which she apparently
has a financial stake, a personal tort
to be litigated in a civil suit.
@Grasshopper. Since Kantor modified Bunch’s Motion
with his own little penmanship, it was excellent,
worthy of a promotion, if his clerk “lost” the modified original.
@Blink. That link I posted to an OR firm’s teaching said normally a different Judge handles Trial.
Someone needs to force McKnight to the Norm.
Shouldn’t add any more time. Just get on another Judge’s June Trial
Calendar now. It apparently is typical process wrt litigated divorces. Imo Bunch
& others hope parties will settle as a result of Vien report. I wish TM wouldn’t.
Plenty to go to Trial on. If only to get Kiara out of Skyline School.
If Kaine is facing a criminal charge or charges, it changes everything in this case, regardless of what they are – to be considered in context.
B
grasshopper says:
January 2, 2014 at 12:38 pm
Rose says:
January 2, 2014 at 1:33 am
Grass, I just went back to your notes:
https://dl.dropboxusercontent.com/u/10147993/Surprise%20hearing%2012-31%20.pdf
Judge just asks Ms Moulton if she had discussed the
settlement terms with her lawyer, understood & accepted.
This is a detailed lengthy settlement document with fine print.
Personally I am outraged he did not additionally
ask if Ms Moulton had a copy and had read the entire document.
And Bunch shouldn’t skip any ins premiums.
~~~~~~~~~~~~~~~~~~
He certainly should have asked a few more questions given the rush to get this signed. why that rush? is only K benefits from the 2013 date, I guess that’s why an actual hearing was assembled in short order. If T wanted something there would be no hurry.
******************************************
@grasshopper,
If TMH had sign off on it, don’t you think she was in as much a hurry to get the divorced finalized? She could have dragged her feet if she wanted to.
(snipped)
One friend, who asked not to be identified, said that Terri Horman still felt as though the county sheriff’s office was on her side.
“They’ve said in the media that she’s not considered a suspect, and ***she’s been told that she’s not a suspect,***” the friend said. “The media is reporting that and that’s the same story she knows.
http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_hormans_stepmom_terri_mo.html
*******************
Nope, not a suspect, not even after how many stings, 4 tries here? Oh, she couldn’t be a suspect because we all know cops don’t lie. Oh wait, Kantor said they do it all the time. Funny no one ever told Terri that, not even her house guest. Shall we throw being told she failed lie detector tests and needed to take more in as a sting as well?
*What? You failed your lie detector test?* *Did they ask you to take another one?* *You’d better get down and there and take another one right away.* *We passed ours with flying colors, ya know, police don’t lie about things like this.* *Pass the butter please.*
I know, snarky, but I can’t imagine what it would have been like in that house. I’d still like to know whose idea it was for the foursome, plus another cop to be under that one roof for so long. Good grief.
Rose says:
January 2, 2014 at 1:05 pm
http://1.bp.blogspot.com/-2mPVxQr_Oi4/Ur4OEvSrnVI/AAAAAAAAD2I/nacMvFKoQJI/s1600/P1012953.JPG
posted for the copy of Bunch’s Motion & Order modified by handwriting by HK.
~~~~~~~~~~~~~~~~~~~
I’m stunned! where on earth did you find this? talk about smoking gun. I assume we need the final signed order to compare this too.
looks like somebody is not happy with the one-sidedness of this case and his giving up some info
Dunno but your “addy” is the same exactly, so I would not expect that to change.
Lemme know if you need me to email you or anything else.
B
@Rose says:
January 2, 2014 at 1:05 pm
So how’s that work? Bunch submits a motion, then Kantor changes it and then it gets filed? I have to admit, I’m lost as to what is going on legally here.
Amys Sister says:
January 2, 2014 at 3:03 pm
Yep, no breaking news about a typo this morning so figured it’s true as written.
There are pending charges against Kaine and this divorce decree does not prevent her from a claim regarding those charges.
She may get more of what Kaine has at a later date depending on what those pending charges are.
I am confused about how the attorneys know there are pending charges yet no charges have been brought forth? Kaine and Engel agree there are pending charges and I’m guessing LE must have shared that with the attorneys.
There are circumstances where this can happen but I would prefer to get confirmation on the verbiage before I opine- and that does not appear to be forthcoming. I have continued to wonder if Engel’s blogger reference about finding RSE has to do with something that ended up criminal, however.
B
***********
Well, that would explain this:
“The divorce is done,” Engel said. “For privacy reasons we’re not going to get into the terms of it.”
http://www.koin.com/news/horman-divorce-agreement-reached
First time they haven’t been the ones who leaked a document, guess he forgot they were public.
It seems to have gotten lost in the 2Hormans/Davidson psychodrama that a 7 yo was removed from a 2nd grade classroom with the permission of a teacher employee during school hours in the midst of a classroom activity; the school was routinely not following PPS policies as enunciated by the Principal in a prior Newletter; and, once reported to Mcso, was treated erroneously as a “wander off.”
—-@Blink. does your profiling training hint at his likely disposition & proximity?
—-imo, because a White Truck, not Kaine’s, was apparently used to remove him by SZ, this is an indicia she was “set up” and the abductor had advance knowledgeshe would drive the white truck that day. The only one who could guarantee she’d be in the truck was Kaine. Why woukd Terri finger herself by vehicle? If she was SZ’s ally or directress, imo she’s be in the highly visible red Stang for an alibi.
Not sure what you mean by disposition- but proximity- he is local. Previous exposure to the school by some means.
B
“This release is not intended to apply to any claim Respondent may have against Petitioner related to the pending criminal charges against him.”
This release is not intended to apply any claim Terri may have against Kaine related to the pending criminal charges against her.
I rewrote it, with the him changed to her, just to see what it looks like and it sounds to me like its a typo. I think Terri knows she has pending criminal charges against her, and I think she is saying here, that Kaine is responsible for those pending criminal charges and at some point wants the right to sue him.
Maybe. IDK, I wish they’d come out and say, whether it is correct or not.
The ins and the outs of the legal wrangling and all the various cast has my head spinning. But the calender year end is almost certainly important. Perhaps on an actuarial basis it was the last of some time period where the financial risk overtook the value of the contest. Maybe a pending disbursement…bonus..a vesting period or some such. Any possible criminal charges aside.
testing. testing. (ignore.)
Here’s a thought. What if the rush was that Kaine has been transferring money from his 401K into the BKH Foundation? Moving it from one tax deferral situation to another? Pay some taxes here in on Schedule A, then deduct them here on Schedule B. Legal ain’t it? What if, he was planning another big $$ move? Thanks to a friend for pointing this part out:
“73% of husband’s Intel 401(k) retirement contribution plan ***as of December 27, 2013***” (note, not 12/31/13)
Anywho, made me wonder about a possible transfer in the works. Money, money, money…..money!
*************
Where is Kyron and why is no one really looking to find out what the hell happened in that school that day, when we have a witness saying:
“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)
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/
In hindsight, Dateline could not have picked a better title, Little Boy Lost.
Looking for reasons for “the crime” clause.
fran.ny.
2 days ago
@Sandi Lessman
Sandi it was a criminal case the moment…
* landscaper alleged ‘murder for hire’
* Dede alleged Kaine was a using ‘steroids’
* Desiree publically annouced on Dr.Phil she had thoughts of attempting to kidnapping her own son..
and it continues to go on and on and on…
http://www.katu.com/news/local/Judge-finalizes-divorce-between-Kaine-and-Terri-Horman-238305561.html
Only if the words Petitioner and Respondent are also reversed. That’s one heck of a typo, unless I am missing something.
T. Ruth says:
January 2, 2014 at 8:38 pm
I like where you are going. Not to forget there was reference she had the truck on Thursday as well.
Rose says:
January 2, 2014 at 8:08 pm
As written:
“This release is not intended to apply to any claim Respondent may have against Petitioner related to the pending criminal charges against him.”
Substituting names:
“This release is not intended to apply to any claim [Terri] may have against [Kaine] related to the pending criminal charges against him.”
Switching pronoun him to her:
“This release is not intended to apply to any claim [Terri] may have against [Kaine] related to the pending criminal charges against [her].”
I see what you mean TRuth, this sentence mean that either Kaine has pending criminal charges or Terri may claim damages against Kaine for any pending criminal charges against her.
I think to include context, we need to include the entire release paragraph. I will do that in my next response.
B
@Jeff D. This makes sense & would avoid disclosing an asset about to be disbursed:
” Maybe a pending disbursement…bonus..a vesting period or some such. Any possible criminal charges aside.”
I was surprised at the failure to have a record
of marital asset valuation, including the “suit money”
TM brought into the marriage, and her valuation
for child care of Kyron. And iirc OR case law allowed living together while sharing
expenses when there was a culmination in marriage to be
part of the marital time period for asset ourposes. If they had had
a presettlement conference with Judge, there was not enough recorded
wrt asset valuation for him to go on. To me the only thing that shouldve mattered
to TM was he who keeps the house, keeps the kid imo. Forget about financial planning
& 401k versus home equity. Imo she should have focused on the house proceeds.
Personally I think Bunch’ Dec 23 letter triggered this apparent Dec 27 attempt to settle.
Since no Houze was at the Emergency Hearing, while Bunch was
ineffectively trying to discuss the RSE Final order that was supposed to be a prelim order, the Brief when there no longer remained a RSE Sting mtg issue to brief, etc, and the unread letter–a critical matter–I have to wonder if Houze was in favor of this Settlement. maybe they were on family vacation. Remember when Houze wasin NY and people
speculated it was to meet publishers? NY is merely his 2nd home site.
Not understanding how a letter to the Judge is not considered ex parte, unless letter was not subject to entering? Something regarding Vien’s access?
B
@TRuth. wrt to typo, or not.
Let’s hope Bunch reads blogs
as well as Engel purported to.
maybe Bunch will write another Emergency
letter Kantor will say on the record he hasn’t read after a week.
lol.
Still looking for that request to continue or cancel the temp hearing precipitated by the half ruling to hit the file. Somebody has to be keeping the online record clean I presume.
B
@Grass. vw got that when shr had the whole file copied.
Bunch apparently present a motion & its rationale in the typed form of an order
and the Judge signed the order after handwritten modifications
which he initialled including removal of the word “preliminary.
You’d have to look at the transcript of that Emergency Hearing to
see if Kantor went over his numerous handwritten changes to
Bunch’s draft Order, including converting verbiage from
preliminary order to final. I would bet the house Kantor did not. I don’t think
Ksntor even together enough to realize what he did. Why ask for Briefs
on the subject matter of the hearing if he just eliminated
the possibility of their relevance & use?
@Bumbke. Terri had apparently wanted a settlement on finance & divorce since 2011 (an indicia of money need).
Now that KH wanted one too, she should have used it as
leverage on other matters (like the RSE testimony).
Imo Bunch just needed to be paid.
I don’t think Petitioner & Respondant needed to be reversed for pronoun
substitution. In fact how it reads makes pronoun substitution less noticeable
in proofing.
Engel has always been semi-literate & weak on grammar imo.
They were in a hurry.
“Jae- welcome to BOC.
I agree that the verbiage is clear as to criminal charges, not tort remedy- however, since it outlines pending criminal charges specifically ( if correct) why would TMH agree to this settlement and verbiage? If she could prove perjury as an example, to what end? What is the favorable economic outcome to her in that scenario?”
Hi, and thank you for the welcome. All I am really saying is that if a lawyer wanted to make sure that everyone understood that there might be the basis for a lawsuit against Kaine due to pending criminal charges against him, then he would want to make sure that this dissolution agreement didn’t preclude any further monetary award that might come out of that lawsuit. This is pretty standard.
This is the way I’m thinking: Logically, there are two presumed facts in that clause in the dissolution settlement: 1) there are pending criminal charges against Kaine, and 2) if those charges are proven, they could conceivably provide the basis for a monetary award to Terri. As far as I know, there are two ways that criminal charges can result in a monetary gain to another party. One is if the criminal judgment required the defendant to make restitution. (For instance, if a defendant is found guilty of embezzlement, they will be required to make restitution to whoever they embezzled from.) The other is if facts are established in the criminal action which give the victim the basis for a lawsuit against the defendant. For example, a criminal charge of murder or criminal negligence if proven, will also provide a basis for a civil lawsuit for wrongful death. If a criminal charge of perjury Is proven, and the perjury included a lie that was defamatory, it will give the damaged person a cause of civil action, like a lawsuit for slander or some similar civil tort. If Kaine was found guilty of perjury, Terri wouldn’t have to prove that Kaine knowingly lied, because his guilt would already be definitively established as a result of the criminal action. She would only have to prove that his lie damaged her. This is the principle of “res judicata,” something already adjudicated in one action is definitively established as a fact in the next action. I’m guessing that this principle is involved due to the way that the statement in the settlement is worded.
I can’t think of any reason Kaine would have to make restitution. When you look at what Kaine has done during this case, it’s pretty much been limited to his verbal statements. But his statements probably aren’t crimes unless he falsely swears to something, which is perjury. There have only been a few opportunities for Kaine to swear under oath—the complaint for contempt and the restraining orders. So it could be that he knowingly swore to a false statement in one of those complaints and that false statement in some way caused Terri to experience damages.
Why would Terri agree to this statement being included in the settlement? Basically, it doesn’t hurt her. It just preserves her rights to collect from Kaine in a future lawsuit, by eliminating any potential claim that the divorce settlement resolved all monetary issues between them forever. The wording could also be due to an error, or it could be something sneaky. It doesn’t sound like an error to me. I can see a lawyer or a secretary mixing up respondent and petitioner, but not the pronouns.
Sorry to make this explanation so long, but I wanted to explain in detail.