Dr. Phil Show Hosts Missing Portland Child Kyron Horman’s Step Mom Terri Horman Over Two Episodes
I have been covering this case since Kyron Horman disappeared from Skyline School in June, 2010. Like most missing persons cases I have covered in the past, I am of the strong opinion that best efforts at the truth are the only way to propel investigations that, similarly to Kyron’s, have gone cold for one reason or another. This approach has worked in resolving some of my previous cases. I am proud of that. I remain steadfast to the integrity involved in those and future cases.
Over the past 10 months (or so) I have been developing an updated series on Kyron’s case to include my multiple interviews with Kyron’s step-mom, Terri Horman. Needless to say as she was the subject of at least three simultaneous cases before an Oregon court and remains a person of interest by the agency investigating her sons disappearance, this has been an arduous and sometimes delicate journey. Ms. Horman’s experiences during the ongoing investigation of the disappearance of Kyron Horman are critically important to propelling his case and with great hope- finding the truth about what happened to this cherubic and innocent child. There are dozens of sources, collateral interviews, forensic experts and legal analysts that also contribute to my series and have done so because of their belief that my motivation is to bring to light information and opinions in such a way that would almost “require” a focused review of Kyron’s case and the likely shaking of that proverbial tree everyone talks about.
Set to publish about 6-ish weeks ago I was asked to postpone the first installment of the series, which I did. I subsequently learned Ms. Horman was participating in the Dr. Phil program after she completed taping. Dr. Phils producers were well aware that Ms. Horman had interviewed with me extensively, and anticipated my series would be publishing information that was not known to the public previously in the days prior to her scheduled episode. When Ms. Horman conveyed to me that she feels obligated to speak out about “her son” in any national medium that will have her, I most certainly respected that. I still do.
While Dr. Phil seems like a gregarious fellow for sure, I have zero interest in being associated with his program, nor do I believe his shows content is designed to do any furtherance of investigation or truth. There is much concern (although I have no affiliation to the show whatsoever) that the timing of the publication of my series on the Kyron Horman matter might be interpreted differently or inadvertently contribute to the programs content or audience reactions. Not what I signed on for. A missing 7 year old boy six years running is not a framework for entertaining a target audience. He is not fodder for online social media bully campaigns- yet it occurs.
I will be publishing my series on Kyron’s case at a later date, in it’s entirety with no editing adjustments as a result of any of the appearances on Dr. Phil. I appreciate your patience and your understanding. Feel free to discuss the show below.
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Psychic reading no. 2 sounded like it was more in line with what Soldier says happened to Kyron.
No more Canada. Dede has been promoted from someone who only knew some of what happened to a participant. Kyrons location has changed from many miles away to in the Portland area no more talk about Canada. Finding Kyron has gone from some sort of date with a 6 in it to next August. The person who took Kyron from the school has changed from some mysterious male partner of Teri’s to a female friend of Teri. Teri drinking has been added and some sort of sex as well(sounds like Psychic is going to add the whole lesbian lover thing. Also added Teri paying someone for something(MFH?).
Soldier must not believe in Psychics anymore the we do if she has to school them on what to say.
It justs sounds like a big ass fraud all the way around. Who is this helping in any way? Are the psychics identified or anonymous?
B
cdtest says:
Your comment is awaiting moderation.
February 13, 2019 at 1:13 am
I only listened to the feed to se if This person would change her vision to match Soldiers and she did.
ot Dennard. Any kid who is ED & behaviorally disturbed enough for the State to place in a residential txmt facility, which States are loathe to do due to cost, deserves a locked facility, with earned privileges. That Childrens’ Home may be hot stuff locally for what it is, but depending on her placement reason, which should’ve been Court ordered, the State was negligent.
erose- get ready to google from the floor on Rose’s next post. Rose- I peeked. Words are looking for me. I am looking for them. What. The. F*ck. (sorry to offend, but comensurate drama is called for)
B
You’ll love this Blink.
https://www.wweek.com/news/courts/2019/02/13/multnomah-county-prosecutors-violated-an-oregon-law-for-decades-then-they-got-caught/
THUD, but not. lol
Because this little think tank from way back gets it- does my repeated adamance that the process of these grand juries which came to my attention in Kyron’s case, was unlawful ring true finally? I say again- and have for years- there are veteran criminal defense attorneys I have interviewed at length about this issue that I can tell you were not aware this was going on- and nobody knows how to even check if their clients were the victim of DA grand jury shopping.
B
Inferring your meaning, as I have a new phone isp after ios update thus can’t read my prior posts, I hope I didn’t comment. Not one minute more ftom me of attention to that very sick psycho. Amazed she didn’t go try to burn down Comet Pizza after delivering a diaper like the Calif guy. Says an awful lot about Desiree though.
Oh I see you referred to the post on Shrunk, Frink & Rees’ continuation of their legacy.
Disbar them all, imo. No ethics whatsoever.
I thought you meant the sick puppy celebrating a Good Man’s death.
Wonder which def attys are smart enough to backtrack any client convictions brought on by a true bill.
This was a job for Jacquiss though- no disrespect.
B
forgot to put Underhill into the grossly unethical prosecutor’s camp
And Odonnell not passing his cred so hes forced to retire. Frink giving up his law license. Newsflash to Kyron’s parents- if this doesnt motivate you to call on the FBI nothing will. Why you ask? Because IF your numero uno suspect actually was involved- or she wasn’t and you are being told they are building a case against her on new evidence- Let me say to you here and now- based on the information in that WW article- there is a zero percent chance they will EVER indict or arrest Terri Horman for anything- they cannot- its unlawful and reversible error. I promise. Finito.
Note- I am insinuating TH hd any involvemnt, I have never seen any evidence of that to lead me to even suspect it.
“ which def attys” None will do it if they’re not getting paid.
& imo most of their clients were indigent anyway & the only got pd by Court
as Court appointed.
Could’ve been solved with a simple reg, forms filed go cc to defense attys.
——
This was a fraud on the Court, & on the GJs, & it was knowing, with intent.
It seems to me Criminal Court Judges supervising GJs had to know. They saw repeats.
This is imo a criminal conspiracy matter for either the State AG to handle (bcz it involved a conspiracy to defraud the judiciary in the County, but that’s a hahaha, so it would fall to a Federal conspiracy theory in that US Atty District—another joke. Of course Multnomah just made Chris Wray mad, so maybe he’ll follow up with the FBI.
——
I saw Wray in the Hearing recently where Wyden had a temper tantrum about Saudis charged with crimes who absconded after local crimes, & he mentioned he’d been to & met all Portland area LE officials. He didn’t mention Wyden was a grandstanding joker because it was the problem of the local DA who didn’t ask for no bail and local Judges who released them on bail.
I just dont see how we can make any presumptions about who knew or did not know until a neutral party is assigned to flesh that out. I can tell you that one way to get that moving is start by finding a calendar assignment for sitting gj judges and checking those records- In the case of the Horman convened gj- there is no way not to track that. Sat for four years- what do we think the cost of that is/was to taxpayers?
B
@cd. well someone has to do the very hard word of listening to frauds. I’d snark about
you being in training for a certain Press Corp but that’s verbotten.
in character, Soldier piles onto Spicher in many ways this week, including soliciting renewed fliers in Klamath, the week of DD’s father’s death & funeral.
Until Desiree affirmatively goes on some OTHER media source & firmly disavows any association with Stacey G and her titled FBpage and withdraws previous endorsements created by joint fundraising & by her sister, I consider Desiree undeserving of any respect of any kind, bereaved mother or not.
So many mothers, ie Sandy Hooks, stand up bravely against fraudulent
social media misappropriating the child, disseminating false conspiracy attacks,
those I respect.
where is Jacquiss anyway?
This is an entirely different & not very consequential paper since
Ellen became AG, folks complained, so Meeker resigned as Publisher.
Guess he took his pocketbook with him.
Just saw your 2 WW comments. You might consider sending the cubbie reporter a list of followup activities since she appears to have no editors or mentors left at WW capable of it.
1st commenter KimS is
iKim Sordyl who was alleged to have the Republican Sec of States ear at least on education. maybe she’ll do more.
https://www.opb.org/news/article/kim-sordyl-oregon-education-bill-board/
https://m.facebook.com/mccallakim/
Lol- well you knew I would freak out. You were right- validating? Hell to the yes, but more important than my ego always is the knowledge that between MCSO errors and the DA- how will this baby ever be found?
B
cdtest says:
February 13, 2019 at 1:13 am
-snip
It justs sounds like a big ass fraud all the way around. Who is this helping in any way? Are the psychics identified or anonymous?
B
Since this one psychic has a facebook page advertises her readings for money I will just call her the psychic I don’t know the legal implications of naming her here since her readings seem to be a business.
The Psychic is identified she has a facebook page and charges for personal readings, classes on how to be a psychic etc…..
She did not charge Soldier for her 2 live open readings over the internet where people could ask questions via Facebook. Kyron’s grandfather Poppa was at the first reading and was asking questions. Afterward there was a posting on soldiers facebook by Desiree asking for people to quit blowing up Desiree’s facebook with comments about the open Psychic reading.
Kyron’s Grandfather did not post any questions at the second reading.
The psychic offered a free private reading to Desiree’s family it has not been said that Desiree took her up on the free reading.
Since there was 300+ people on the facebook page watching the psychic(live) answer question about Kyron’s case and talk about her (Kyron)visions , I’m thinking that the readings were advertising for the readings that are charged for.
The psychic got a 24 hour ban from facebook after the first reading I think it may have come from Desiree’s facebook page where some people were disagreeing with the psychic and she(the psychic) was arguing with them. Of course Soldier told the psychic Teri got her banned it.
The psychic said that she could request a forensic search her Facebook page and cause legal problems to anyone who reported her to Facebook. I wouldn’t hold my breath on that one.
There that everything you probably did not want to know about the open Kyron psychic readings on facebook. There might be more readings but she is just going to spout soldiers BS. Not worth listening to.
IMO
I agree with your comment.
I appreciate you posting this, and putting yourself through this to do so, lol. thank you cd.
If a person is going to advertise their services- they need to realize that there are rules, laws and protections for consumers- clearly this individual did not seek legal advice which would at a bare minimum advise that the standard disclaimers apply- as well as say, not accusing people of criminal or capital crimes in their own names. Fwiw, I guess its ok to say that Kyron’s case file with an agency not MCSO contains an interview with a psychic. I would characterize it as exculpatory to TH and concludes that Kyron was deceased the same day he was abducted- by a male. You will notice this individual certainly never went public or used it to further any paying work.
B
No wonder DY and stalker bunch are still waiting for “an arrest” soon. Officials have been playing games all along with all of this mess and others. We have seen it, will others ever? No I don’t think so.
Ms. Young needs to do only one thing in the presence of her counsel- have a meeting with Rod Underhill and ask him to explain the fact that due to their illegal and unconstitutional practice of convening second grand juries following a no true bill without filing the no true bill with the court and seeking the court order allowing another in the first place (by disclosing the first disposition) there is a zero percent chance that Terri Horman will ever be indicted in the jurisdiction of Multnomah County for anything related to her sons disappearance or whatever other nonsense that was alleged or heard. And if she had been arrested and/or tried/pled to verdict- this information would result in an automatic reversal and a prosecutorial misconduct charge. I will give her the benefit of the doubt that it actually is locating her son and not some misguided vengeance driving her- so her next call should be to the SAC in Portland to assist her in requesting the case be transferred to the FBI.
Same with Kaine-
B
Up cooking late, it came to me Soldier is the Alex Jones of the child Kyron’s Abduction. I think went and watched a certain Press Conference Brian Williams insisted everyone had to watch however painful. I can only do it in 5 min chunks, but he was right, so maybe there’s some value to a psychic who’s almost as bad.
So this morning, awakening too early, it came to me to google RICO to see if it applied to Soldier and her principals. After all there is that gofundme she still solicits for. The dumbest thing KD ever did was post something like we “read and approve” Soldier’s postings on FB. One indicia of “at the direction of.”
https://en.m.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act
I know nothing about these matters & googled only Wikipedia. I now get why “at the direction of”
was technically essential in Cohen’s plea deal. Respectfully, I suggest both Davidsons publically
Direct Stacey G to cease stalking Spicher forthwith
and issue a public apology that they failed to call on Green to do so earlier.
Of course they physically stalked TH with Green in person as a group,
so hard to escape that one but I don’t think TH will take them on (due to
respect for mother’s role & loss) like Spicher will likely have to do at some point.
ot Jacquiss is here:
https://www.wweek.com/news/2019/02/15/former-legislative-lawyer-files-whistleblower-lawsuit-against-sen-president-peter-courtney-house-speaker-tina-kotek/
But, you know while sensational this is very easy reporting bcz one can do it allfrom detailed docs w/o ever interviewing anyone. K Shepherd’s GJ reporting was much harder bcz it had to depend wholly on oral intvs and furst hand research about a secretive entity. It seems her task the last 2 years & her Pulitzer shot has been right wing extremism in Portland. imo criminal behavior in DA Office is a mere sprig on her journalistic tree.
ot
katemshepherd, WW, has an interesting twitter.
Personally, imo LT Niiya did what I’d do cultivating a
white nationalist mob boss type. Someone like that
doesn’t respond to an undercover underling when
his narcisstic power mad self wants to be on a
par with a Lt. Except I would’ve documented my
every contact & gotten Supv’s endorsement in writing in advance.
Ode says:
February 16, 2019 at 6:54 am
http://blinkoncrime.com/2016/09/21/dr-phil-show-hosts-missing-portland-child-kyron-hormans-step-mom-terri-horman-over-two-episodes/#comments
@Blink.
Darn Tootin’ wrt DY (& Kaine) exactly the 2 steps to undertake in that order.
Problems I see:
1) Eldon is WAY not the right attorney to accompany her.
First, it’s not really his field of practice. Second, he’s as
much a part of the dysfunctional
sociopolitical crowd as Ellen AG & Wyden & exMayor
Adams & Kitzhaber & T Bean, etc.
He’s not independent. She needs a Riddell type. Independent of the political structure.
2) She’s so in love with the media & being part of
producing the upcoming show. Her eggs are in that basket. Her eho too.
there are mire. that will do tho.
ego
Blink, You know me so well! I, and my jaw are on the floor and yes, what you’ve been telling us rings so true in light of this info. How DARE they call this an out of compliance issue! Puh-leeze. How can we explain Houze other than he must have been keeping this ace up his sleeve.
From the article:
“…required by state law to file a record with the court whenever a grand jury dismisses a felony charge.”
(Strike One)
“…prosecutors had been filing a standard “state unable to proceed” form,…”
(Strike Two)
“…secretly bring cases before multiple grand juries without getting the required court order.”
(Strikes Three & Four)
I’m with Rose, they’re out!
Lol. Yes ma’am. I am still laughing at the way Rose presented it- such poise that lady has- like it wasn’t the biggest deal to hit this case (in particular) in years. Now I can’t recall if the attorney that called this out was a privately retained one or a PD. But I do wish to say that at least in my rl and in recent cases- PD’s are due some serious props in criminal defense work.
B
Googling Multnomah County + No true Bill. Perhaps the hit I got for 9 years ago was an anomaly since it was under Shrunk/Frink and the case had to do with a police shooting. Not much I could find on NO True Bills after that until Nov 2018 when I assume this recent complaint was made known to the DA. Is it a coincident that the last reported No True Bill was just months before Kyron went missing. Did the DA’s policy change with the Terri Horman juries? My Googling says could be. Can anyone else find Mult. Co. reports of a NO True bill since the Aaron Campbell shooting 9 years ago – until we get to last Nov.??? WTF.
9 years ago
https://www.oregonlive.com/portland/2010/02/portland_judge_approves_releas.html
Nov 2018
https://flashalert.net/id/MultCoDA/119929
To my knowledge, until last year, only officer involved cases heard by the grand jury were required to be recorded-
As you might imagine I have had multiple conversations with local criminal defense attorneys- all but one at some point was an ADA for Multnomah County. The consensus was that no true bills were so rare, they don’t think they ever knew the law required a court order for the second- specifically because the law requires everything from the first gets destroyed “end of story”. That said- these are the same folks I interviewed who thought I had my facts wrong wrt to Kyron’s double gj situation that now are clear I did not. Any clients they had via indictment they now have to go back and figure out if the client has any remedy (civil or habeas I suppose) if they were affected.
B
Noting the Nov 2018 is also officer involved.
Yes- I responded, sorry I should have read your follow ups. Regardless, its important as to timeline- and now that I think about it- Im pretty sure there was an officer involved incident with Bobby Odonnell tasing a dude- I don’t believe that ever went to a gj but I could be wrong.
B
My bad. Feb. 2018 – Use of Deadly Force
https://www.portlandoregon.gov/police/news/read.cfm?id=118882
I guess the egg hunt is finding a No True Bill in Oregon that isn’t officer involved. Still the timeline if very suspicious considering when this started, 2010 to when this is suppose to have ended 2018.
I guess one could make a case for the fact that the DA seemed to know how to be in compliance regarding No True Bills when it came to officer involved shooting, so why were they not in compliance in other cases?
I believe it has to do with a few things- the first being it involved a public servant in the line of duty, the requirement standard of when a gj must review the matter for any possible criminal conduct (what is that exactly? draw of weapon, destruction of Govt property, injury to persons, acting outside of job requirement/policy, union rep requirement, etc).
The reality is (and I will hear about this cynicism) is it comes down to liability from any civil remedy- a jury of one’s peers (in this case gj) saying the individual did not act criminally or inappropriately has weight in a civil case and gives the appearance of transparency. Fwiw, I have always found Multnomah County in particular, but Oregon in general to have a drastically different use of gj v preliminary hearing. I have NEVER seen in any state, where the ADA asserts in an affidavit for a motion to intervene in a disollution case that they suspended a convened gj at the request of the criminal justice agency of jurisdiction (MCSO) multiple times.
B
B
OK, I’ve got to chill out. The Feb. 2018 incident was deadly force, but not officer involved. I’m going for a time out on the floor.
lol. No need. You are highlighting what I have no doubt scores of citizens and defendants, past or present and counsel is doing as we speak
B
K. I know, but one more officer involved Sep. 2018.
http://mcda.us/wp-content/uploads/2018/04/PR-18-102-Grand-Jury-returns-not-true-bill-decision-in-Portland-State-University-officer-involved-shooting.pdf
I see the article says “Multnomah County Prosecutors Violated an Oregon Law for Decades. Then They Got Caught” so my initial thought that this started in 2010 must be wrong, though I hope it warrants closer scrutiny as the article itself has a few holes in it. I have wondered where the follow up would be on the defense attorneys, then it occurred to me that many of the people might not even be aware of a grand jury convened about them, much less have an attorney. Geez…
And key word in this paragraph from the article is some:
“Last month, the Multnomah County District Attorney’s Office learned that its long-standing practice of how to handle some ‘not a true bill’ cases was out of compliance with ORS 132.430,” Weisberg says.
https://www.wweek.com/news/courts/2019/02/13/multnomah-county-prosecutors-violated-an-oregon-law-for-decades-then-they-got-caught/
Do you suppose we can find out how they determined the criteria on how to handle some vs. others?
Excellent Question- only if we can learn what no true bills occurred, were not filed, have since been filed, and of course if there was any additional “prosecution”. A side note here- I do wonder now if this may have been the news Rosenthal was given to withdraw DY civil suit as well.
B
polar opposite of Multnomah judges: “In his ruling, Puig-Lugo rejected arguments by city lawyers that privacy interests of Lesin’s family outweigh the public interest in the circumstances surrounding his death. And he chided city officials for what he said were overly broad arguments that turning over the documents that could compromise how D.C. city police, or even the FBI, conducted their investigations.”
https://www.rferl.org/a/judge-lesin-autopsy-lawsuit/29768604.html
Agree
What a gem we have here.
Lol. Yes ma’am. I am still laughing at the way Rose presented it- such poise that lady has-
“She challenged the prosecutors in a hearing, where they admitted they had not filed the records required by state law.”
https://www.wweek.com/news/courts/2019/02/13/multnomah-county-prosecutors-violated-an-oregon-law-for-decades-then-they-got-caught/
Holy crap, heads should be rollin’. Trying to remember here, but I know when I sat on a GJ here in OR (not Multnomah County), and it was also around 5 or 6 years before Kyron went missing, we passed on at least two (maybe three, can’t remember exactly), “No True Bills”. They had to be signed by the Jury Foreman and were handed back to the DA’s office for “recording”.
So if in fact, those folks who sat on any GJ’s in MC, particularly any of those who were elected Foreman, would be wondering whether or not their and the other grand jurors’ “No True Bills” were *buried up* by the powers that be or whether or not they actually were recorded into the court system, I’m thinking they have privilege to find that out!!
This is outrageous! Where did the “No True Bill” document go to if it was not recorded after the GJ signed off on it???? The nearest round file?
You bring up an excellent point T.Ruth- I do wonder now how this “bombshell” stacks up against other counties of jurisdiction in Oregon. Is this issue specific to MC or widespread?
B
Here’s what TX does: http://dailysentinel.com/social_media/article_313c6680-64fa-11e6-80d5-e349a25a2783.html In this case of course if the NTB is not recorded, the author advises it can be found in the Court clerk’s minutes. OR destroys minutes I gather. In TX they are available unless sealed. The author makes the point GJ verdicts (TB or NTB) are differentiated from the content of the GJ hearings and are public unless the judge sealed the case, so the info can always be obtained by def atty from the DA Office.
Which brings to mind the fact that while GJ minutes are destroyed in OR, I’d bet the house the DA who tried the GJ case, say Rees, kept his work product which included the verdict if a NTB. This is first and foremost a CYA County and there is no way the DA who presented the case to the GJ didn’t keep good personal work product records.
I thought way back Staton (or whatever MCSO white male was opining) said there was a new item or line of inquiry in the case and blink said something new was a requirement to convene a second GJ.
No one can tell me all those ADAs in the DA Office did not know the recording requirements of a NTB or that a Court Order specifying new facts was necessary to convene a second GJ.
Likewise no one can tell me the Judges who over time supervised GJ cases did not know a NTB needed to be documented in the Court Jacket even if everything else was destroyed.
No one can tell me criminal defense attys who were formerly ADAs didn’t know how it should be handled. Except mostly these line level folks were not involved as Lead in GJ presentations. I seem to remember that fell to Rees, sometimes Underhill before he became a made man. imo those attorneys just don’t want to admit they didn’t check for the recordation of NTBs. They were just glad the case went away. I don’t think it was probably all that rare, despite the ham sandwich slogan.
But, if it was rare, I imagine most criminal cases were brought to the GJ by the Police bureau not MCSO and therefore had adequate foundational evidence with which to generally secure an indictment or the PPB would’ve continued working the case. The anomaly in THIS case is that a corrections bureau–or river patrol– was bringing it.
I seem to remember the Chief Judge in 2010-11 was a pretty hapless female.
Anyway now we know why we kept hearing year after year from Desiree that a GJ is still working at it.
You bring up and excellent point re the work product aspect of the presenting ADA- I would have to research the statute again, but I don’t recall it covering that- just evidence exhibits and jury notebooks, etc. I actually DO believe that the former ADA’s I interviewed were not aware that a no true bill required a court order to present the case (convened or otherwise) because no true bills were so rare. This is also supported by a conversation (I alluded to a few times over the years) I had with a MC ADA that was attending a professional CLE with me. An issue arose as to the relationship between MCSO and the MC DA’s office as it related to both filing cases post gj and preparing them and presenting to gj. I was told that in that jurisdiction it would be a misrepresentation to say that the DA’s office was in “lock step” with any of the LE jurisdictions they served- that it sometimes took 4-5 “handoffs” before an ADA would feel the “case” was presentable to a gj for indictment. They took great pride in never having a no true bill.
The issue regarding that magic wand wave of Staton that made scores of MCSO “detectives” overnight was discussed. Let’s just say it was a factor in the DA position on gj v preliminary hearings. Preliminary hearings allow cross examination to include the officer’s credentials.
B
@cd. When I first looked, there were so many psychics soliciting on line by that name I thought isolating who it was and checking the credentials was too much for me. When I saw the (1st only) video (well the first third or so), my impression was she was southern, uneducated, not well off, had unpleasant physical mannerisms, dressed unprofessionally, and had a husband and child wandering in and out a few times. One would think a professional “psychic” who plies her business on line would have a simple home office, at least a nook, that looked semi uncluttered and professional, and would dress professionally, not like she was headed to the Y. As far as her FB suspension for doing back and forth on Young’s page, well FB determines that after viewing the statements she wrote. So, it doesn’t matter who reported it. Her preoccupation with that just points to her socio-cultural isolation and feedback loop. As Blink points out it is shocking she names Terri as the culprit which even MCSO has not done. Isn’t doing that on line is iirc a federal crime across State lines. I did not watch 2. My guess is some of those 300 are her regular “followers”. They may even have a flat fee contract to participate or something.
Pity Young is being snookered by this and Walsh’s upcoming show which is cast for himself, his son, and his ratings and income in my opinion. She needs to be about the business of meeting with Underhill and Reese with her attorney (someone like Sean Riddell) for a status update and requesting it be transferred in full to the FBI as lead.
‘In the case of the Horman convened gj- there is no way not to track that. Sat for four years- what do we think the cost of that is/was to taxpayers?
B’ In the case of the cost to taxpayers, the taxpayers of Multonomah are getting exactly what they voted for election after election for DAs, Judges, and Sheriffs. That it is a shoddy process–resign a few months early, pick yr successor, who will then run and walk into office–does not excuse voters, although it is fair to say the County Dem Party never gave them a choice in Judges, Sheriffs, or DAs, at election time. ( Choice is not Kafoury’s middle name either when it comes to Sheriffs or other dept heads. ) But the Bar could’ve organized and gotten some challengers going.
Who I feel sorry for are those 12 or so sorry souls who had to serve on those revolving door grand juries Rees and Underhill convened in the matter of Horman.
It’s a darn shame SecSte Richardson got that glioblastoma.
He had a shot for Gov. At least it would have shaken things up.
As I endorse a Republican, I am reminded to wonder where A Texas Grandfather is and worry about his wife. Or maybe one of those drug-ridden dudes storming the Border got him. (I have been laughing thru reading #NotesFromNationalEmergency on twitter so my mind is down in the humor gutter.)
You and me both on ATG- been on my mind for weeks.
B
BTW I tried to find where Phil Stanford is and what he is working on but find no trace of him since about 2014. Is he well? Working? He was good at real Portland murder mysteries.
Heh, erose, I looked at 2018 only, enough to get the message when the DA wants to record a NTB, whoever the subject was, he knows how and where to report it (to the Court), AND he knows how to announce it publicly if the target does not request sealing.
9/18 http://mcda.us/wp-content/uploads/2018/04/PR-18-102-Grand-Jury-returns-not-true-bill-decision-in-Portland-State-University-officer-involved-shooting.pdf
points out a NTB triggers a l0 day period when Def Atty can file either a request to Court to seal or allow to be transcribed and made public.
11/18 http://mcda.us/wp-content/uploads/2018/04/PR-18-151-Grand-Jury-returns-not-true-bill-decision-in-October-10-fatal-officer-involved-shooting.pdf
5/18 http://mcda.us/wp-content/uploads/2018/04/PR-18-32-Grand-Jury-April-7-2018-OIS.pdf
2/18 https://www.portlandoregon.gov/police/news/read.cfm?id=118882
Interesting in an article ll/17, Underhill announces he is phasing out GJs for felonies https://www.portlandmercury.com/blogtown/2017/09/15/19320627/multnomah-county-prosecutors-are-drastically-cutting-grand-jury-proceedings
Oh, well, even more interestingly, now we know why DA Underhill nobly phases out GJs for felonies in favor of speedier prelim hearings. It is obviously because He has to put GJ recording, transcription, and storage in place in the GJ room by March l, 2018. Meaning time, personnel, and money and storage space. So, just do away with it. Prelims will suffice. https://olis.leg.state.or.us/liz/2017I1/Downloads/CommitteeMeetingDocument/150263 Very haha (finale for MCSO on p 4) is MCSO’s prompt request given the recordation legislation to request $450K in OVERTIME and $50K in materials to do what looks like a room renovation for the GJ to effect the recordation. The overtime is 9 times more than the materials which I presume includes recording equipment. That, of course, would be Sheriff Reese’s brainchild and most of all his now Chief Deputy Business Manager — who was that FBI Field Office head with his face in the camera in June 2010? Oh, Balizan.
I have a new investigative task for katiemshepherd if she can tear herself away from white nationalists wrestling in the mud with antifa. Since the likely only real way to track in which cases for the last decade NTBs were found but not tecorded except in DA work product files, since she published this faiure to record NTBs with the Court & failure one presumes to get a Court order to convene another one based on new info, has Rees or a colleague been going overtime on the office shredder so that all those work files are disappearing? Asking because at least in Horman the DA believed its work product, & MCSO’s, were shielded from the public, even in judicial hearings, and now the public & defense attornies may push a little harder. .
You’re right Blink the $ for all those GJies since the late 80s
( before that Prelims were used) & all those 12 x 12 citizens
greatly inconvenienced were for what?
I can only theorize why. To secure a high conviction rate thru plea deals of
people they couldn’t otherwise convict or even pass a Prelim’s threshhold on, period.
They preyed on the poor & uneducated. In a GJ the DA could haul in all kinds of sure thing
convicting witnesses & snitches who could not only not be tested by opposing
counsel but their testimony wouldn’t ever even be knowable. Then DA presents
indicted defendant with indictment & dude pleads…no money or will for trial
because no idea how the heck on what grounds the True Bill got voted on.
When did Shrunk become DA? Setting off to see.
That and the fact that the region has poorly trained LE and very little litigation skill in it’s ADA program.
I recall a case at trial that Rees had to dismiss and allow the Feds to take defendant into custody (Storm).
I recall a recent misdemeanor trial where a Judge told the Govt he was clear they were only heading to trial over the defendant’s bench trial request because of the high profile nature of the defendant. It was the quintessential be careful what you wish for advice… Defendant was acquitted in under 15 minutes and several jury members interviewed said it was blatantly obvious to them that the Govt was looking to cash in on the notoriety of a possible high profile defendant. Name was Terri. None of the jurors interviews ever aired or published- nor did her Atty’s (again).
B
1980 https://www.oregonlive.com/news/2009/03/influential_multnomah_county_p.html
He instituted the replace Prelim Hrg (for sought felony arrests) with Grand Juriy indictments
scheme. it did get more money for his office (bloated bureaucratic $).
All those ADAs now in criminal defense knew no other way. Katiemshepherd is
sitting on her Pulitzer investigative story & doesn’t know it. Oops, didn’t Underhill
institute a “screen for wrongful convictions” dude? How come he didn’t catch & correct?
It’s not a “they’re rare” deal.
Schrunk shifted from Prelims to the more office-expensive secretive GJs pretty fast “in the esrly 1980. https://www.portlandmercury.com/blogtown/2017/09/15/19320627/multnomah-county-prosecutors-are-drastically-cutting-grand-jury-proceedings
If I were a reporter my research project would be what case or defendant triggered this in gge early 80s, or was it just a generalized lust for a higher conviction rate? My guess is it’s such a dramatic change it was case-triggered. Someone he thirsted to convict but couldn’t get arrested due to Prelim hurdles, or someone he wanted to charge but needed to rely on real questionable witnesses—kind of a Horman scenario. Where he’d been successful with getting a GJ indictment on slecious evidence, so he thought this is great & worth the money. Or did he just have a generalized lust for power? Why is it he & his father remind me of Dr James Fallon’s TED talks about the genetics of….
Yup. Absolutely. OR an underpaid overworked Public Defender.
B
I haven’t read this yet but will on my 2nd wind. IWithout reading, I believe it triggered Schrunk’s “do it to all felonies” GJ approach (upon the same terms, equal procedure)
https://law.justia.com/cases/oregon/supreme-court/1983/295-or-367-0.html
Some Hingson is still in business https://www.google.com/amp/s/www.oregonlive.com/clackamascounty/2018/03/defense_lawyer_blasts_clackama.html%3foutputType=amp
https://www.oregonlive.com/clackamascounty/2010/05/canby_steroid_suppliers_cooper.html
erose without further research, I think failing to record NTBs & convening a second (or more) GJ w/o Court order on new findings was Shrunk’s MO in all cases except officer shootings dating to his replacement of Prelims for felonies in the early 80s. If I were katiemshepherd, I’d go interview Shrunk and bury it as part of a history of his office & go interview whoever this Hingson was in 1982 and get at the etiology of why Multnomah instituted equal process for all felons equals use of grand juries for all in the early 80s, and find the genesis & motive for pervasively not complying with the NTB outcome in the matter of new grand jury second bites at the apple.
I think I was right that as a consequence of the State Supreme Ct case above in the 80s, GJs for all felonous acts were a thumb in the eye directed to all Mukt Cty Circuit Court judges whose Prelims dried up. What shoukd strike terror in Underhill’s heart in the instant matter is this language: “Defendant does not claim that there is any flaw in the indictment or that it was not found by proper grand jury procedure. What is challenged here on grounds of constitutionally unequal administration is not that the prosecution obtained an indictment but that it refused a preliminary hearing. The two steps are not intrinsically incompatible. ”
In this case defendants indicted on the 2nd or more go-rounds after a 1st GJ issued a NTB verdict without recordation & obtaining a Court Order to convene a 2nd (or more) GJ, based on new evidence, also needn’t claim any flaw in the indictment but merely a statute designed to afford x y or z Constitutional right was broken. (I rely on Blink there is such a statute or reg.) Maybe it could be a class action dating to the 80s & brought in Federal Court. So given the DA’s focus after the Freeland case on local GJ process, that appellate Court failure on the behalf of Shrunk impacting all OR County DAs’ criminal process, I hardly think failure to record NTBs & get a Circuit Court order for GJ2 was inadvertant. It was more thumb in the eye by Schrunk to Mult Circuit Crt judges imo.
You know the only thing Schrunk had to do in 1983 ff was give every GJ-indicted felon a Prelim Hrg within say 10 days after a True Bill, satisfying the equal protection case Freeland, then he could keep on skipping the GJ & going straight to a Prelim for slam dunk cases, very easy last bit of process, so NOT going that much cheaper route means adopting GJs wholesale as a tool was an ego-driven thumb in the eye to that Mult Circ Crt judge ( & others) who bested him in the OR Supreme Court.
132.430 Finding against indictment; indorsement “not a true bill.” (1) When a person has been held to answer a criminal charge and the indictment in relation thereto is not found “a true bill,” it must be indorsed “not a true bill,” which indorsement must be signed by the foreman and filed with the clerk of the court, in whose office it shall remain a public record. In the case of an indictment not found “a true bill” against a person not so held, the same, together with the minutes of the evidence in relation thereto, must be destroyed by the grand jury.
(2) When an indictment indorsed “not a true bill” has been filed with the clerk of the court, the effect thereof is to dismiss the charge; and the same cannot be again submitted to or inquired of by the grand jury unless the court so orders. [Amended by 1973 c.836 §54]
Note: The amendments to 132.430 by section 6, chapter 650, Oregon Laws 2017, become operative July 1, 2019. See section 18, chapter 650, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.
132.430. (1) When a person has been held to answer a criminal charge and the indictment in relation thereto is not found “a true bill,” the indictment must be indorsed “not a true bill,” which indorsement must be signed by the foreman and filed with the clerk of the court, in whose office it shall remain a public record. In the case of an indictment not found “a true bill” against a person who has not been held to answer a criminal charge, the indictment must be destroyed by the grand jury.
(2) When an indictment indorsed “not a true bill” has been filed with the clerk of the court, the effect is to dismiss the charge, and the charge cannot be again submitted to or inquired of by the grand jury unless the court so orders.
https://www.oregonlegislature.gov/bills_laws/ors/ors132.html
Key words not found a true bill = Public Record.
Well, this is a sweet one from 1976. Apparently the Clackamus DA was an unethical piece of work. The State Bar sanctioned him with really a nothing suspension after a 3 day trial. He appealed. These DAs have ego. And the Elks raid was likely planned just bcz the attys to whom Rook had animus were known to be active members. Again Hingson on Natl Def Attys brief & Schrunk as a still lowly ADA aiding the State Solicitor repping Rook as DA.
https://www.courtlistener.com/opinion/1183815/complaint-of-rook/
which includes “” Indeed, the Supreme Court of the United States recently said that:
“* * * [T]he immunity of prosecutors from liability in suits under § 1983 does not leave the public powerless to deter misconduct or to punish that which occurs. This Court has never suggested that the policy considerations which compel civil immunity for certain governmental officials also place them beyond the reach of the criminal law. * * * Moreover, a prosecutor stands perhaps unique, among officials whose acts could deprive persons of constitutional rights, in his amenability to professional discipline by an association of his peers. * * *”
Beautifully written after that until at the conclusion when the justices change the Bar Board discipline from a 6 month suspension to a public reprimand with the opinion being the reprimand. No wonder as DA Schrunk threw his weight around with attorneys & judges alike, & the OR State Bar is weak on discipline of DAs. As long as the “right kind” were on the OR Supr Court, the State DAs, at least the Dem ones, had carte blanche.
To wrap it up, Freeland is State Supreme Crt precedent that if a GJ indicts Terri (or others) after “multiple” GJs (unless there was a convening Court Order citing new evidence, Houze won’t argue the indictment was bad but that the process of obtaining it was unConstitutional on x y or z grounds. On the other hand, Underhill could follow it with a prompt successful Prelim Hearing, and we know those Multnomah judges give Underhill what he wants or he’ll publically bar them from the Criminal bench.
I do not believe the actions wrt the State’s handling of the prior grand juries in the Horman matter (criminal) would ever allow them to file an indictment against TH legally or constitutionally in the State of Oregon.
We KNOW that the motion to intervene contained motion language certifying (at the time) there was a convened gj hearing evidence in Kyron’s case. It went on (in part) as I recall without referencing specifically, that the charges they might expect to file eventually ranged from felony to capital offenses potentially. With the law change, there is NO WAY those gj activities and outcomes aren’t going to be subject to disclosure as part of any criminal case re Kyron’s disappearance- So.. the question becomes, with that in mind- wth is MCSO and Kyron’s parents doing differently to locate Kyron and to preserve any criminal case against an offender?
B
If in fact, one of the gj’s submitted a “not a true bill”, how do we know whether or not the alleged multiple grand juries were a result of court ordered re-submissions?
The only affidavit based info I have is that Don Rees claimed that the 2nd gj was convened and suspended multiple times at the request of MCSO. It does not specify that it had a court order after a no true bill was filed from the original gj hearing the case. I would normally be inclined to say that the Govt is not so stupid to risk such a blunder to its office or to the actual potential for due process in Kyron’s case- however, after years of hearing from Atty’s that practice in this jurisdiction now coming out of the woodwork to say they did not realize this was going on and they worked for Frink’s administration at one time, I don’t don’t think it wise to make any assumptions.
The short answer is- without checking the file or getting someone with access to it on the record, no way to know.
B
I’d missed this and it doesn’t apply to felony cases where there are human victims, but it’s interesting none the less.
https://www.portlandmercury.com/blogtown/2017/09/15/19320627/multnomah-county-prosecutors-are-drastically-cutting-grand-jury-proceedings
************
Which brings me to my next question, if there have been multiple grand juries AND there weren’t any “true bills” recorded nor were there any “not true bills” recorded either way on this case, then will the recordings and/or notes of the previous GJ’s on this case be required retroactively to be handed over to the defense attorney if and when there is ever an indictment according to the new law?