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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6,633 Comments

  1. Rose says:

    Sorry, imo no one who posts here would have. They would use their words, explain how much it meant to her, and ask Terri–not the hardhearted Kaine–for it, as well as LE. DY has demonstrated verbally & behaviorally to both Hormans and Moultons again & again she lacks a conscience imo. In my opinion TY wanted it as some kind of “evidence” to be secured & kept safe.

  2. A Texas Grandfather says:

    Why would DY take the backpack?

    It is a cultural thing that stems from the Socialism concept that there is no ownership of property. Ownership then becomes the one who has possession not the one who really owns it.

    Parents are the primary teachers of children and it is they who set the boundaries of what belongs to a child and what belongs to mom and dad.
    Schools that allow socialism concepts to be taught often convince youth that mom and dad are wrong.

    All of this began with the “hippy” drug culture in the 1960′s and idea of community property rather than individual property.

    Somehow, the idea of community seeped into the general behavior of youth regarding things in a family. I had that problem with the older children where they would pick up things in the home or from a tool box that didn’t belong to them and not return them to the place or person to whom they belonged. We had many discussions about these concepts. They were only partially successful. Peer pressure and behaviors were the driving force behind this.

  3. Erose says:

    So if the backpack isn’t in evidence and the project is then there must be something about that project i.e. Finger prints or DNA and it’s not Terri’s because hers would be all over it in the first place. Wow bye DY took the backpack out of Kyrons room. Wasn’t there a cop on the house?

    Several. I don’t know if the project is “still” in evidence, only that it was. I stopped thinking I could make sense out of any of it, unfortunately.

    B

  4. Erose says:

    Sorry for the errors. Using a phone. Don’t know how Rose does it so well.

  5. Erose says:

    O/t wet Emery brothers I am looking forward to your weighing in. Just from the perspective of nature v nurture. Whoever gets to study them will have one interesting story to tell.

    Rn I think its too soon but I can tell you if its true you have 4 brothers involved in criminal pedophilia with a documented interest in child sexual torture and homicide (among other findings) this does not happen in a vaccum by any means. Something is very very wrong when this is just discovered when these men should have been “aging out” 20 years ago.
    B

  6. T. Ruth says:

    How the heck would anyone know whether or not there was anything incriminating or exculpatory within that backpack? Should have been scooped up by LE along with his jacket and held as evidence, IMO anyway. What else did they not investigate at ground zero? Geeze.

  7. T. Ruth says:

    None of the brothers have biological children of their own, nor did any children reside in the house which was “littered from floor to ceiling with child exploitation images, children’s clothing articles, toys and movies.”

    http://citylivingseattle.com/Content/News/City-News/Article/Three-elderly-brothers-arrested-after-mountain-of-child-pornography-found/22/167/91941

    And this ^^^^^ reminds me of that dude who was buying up all the kids’ size t-shirts, etc. from Kyron’s Ebay site and who was also buying up kid movies, kid books, masks, adult porn, etc from ebay. I can’t remember that dude’s name right now, but he’s the one who first referred to Kyron as “special k”.

    “In a crawl space in the home, investigators found a pink child’s hat, partially buried in dirt beside a burned note.”

    https://www.washingtonpost.com/news/morning-mix/wp/2017/08/23/three-reclusive-seattle-brothers-aged-82-80-and-78-accused-of-child-sex-abuse/?utm_term=.f6f423143069

    Sick bastards!!!

    To say the least. I am not convinced that none of them had a kid- I found some child support enforcement orders. I also have a concern one of them is with a family member. True horror show.
    B

  8. T. Ruth says:

    January 25, 2013: Seattle police Detective Danial Conine interviews Edwin Emery at 141 N.E. 59th St. He admits there could be child pornography on his computer, admits to sexual abuse of one of his sisters and that sister’s daughter, according to court documents. Then age 73, Edwin Emery also discusses his sexual attraction to “sub-teenage” girls, court documents state. The interview is recorded. However, prosecutors do not file charges.

    http://www.kiro7.com/news/local/detectives-dig-for-evidence-at-house-where-3-brothers-had-obsession-with-young-children/597046266

    Why were charges not filed back in 2013?

    Statute of limitations on the abuse and from what I can gather there was an issue regarding exclusive possession of a shared computer and the designation as to pornographic images (statute is very specific). That said, wtf? These freaks aren’t on a watch list, or earmarked for further investigation? Any person with a modicum of training in this profile would know there was something “here”. Just a brief look and I can tell you there is some really sick shit going on for years in this family. If true, much of it missed the official records as well.
    B

  9. T. Ruth says:

    Cops believe they may be linked to the disappearance of 10-year-old Lindsey Baum, who vanished in 2009 while walking home from a friend’s home in McCleary, Washington, and possibly other cases of missing children.

    Saturday’s search was centered on a tiny moss covered house on the side of a busy highway in Shelton, on the west side of the Puget Sound, a half-hour drive from McCleary. It was owned by the Emerys’ older brother, Donald, who died last year aged 85.

    Charles is understood to have lived at the home part-time.

    (snipped, more @ link)

    Capt. Mike Edwards of the Internet Crimes Against Children task force told DailyMail.com the search at the Shelton home could go on for weeks.

    ‘We have something like 14 acres to cover and it’s not like it’s all flat. It is hilly and wooded and difficult going,’ he said

    He stressed there is nothing definite linking the Emery brothers to any missing child. ‘But if we thought there was zero chance of finding anything there we would not be searching there,’ he added.

    http://webcache.googleusercontent.com/search?q=cache:X9JRnSRwS9YJ:en.mogaznews.com/World-News/640421+&cd=44&hl=en&ct=clnk&gl=us

  10. T. Ruth says:

    There are plenty of other young girls missing from Washington:

    I hope they look for clues concerning all these girls too as well as Lindsay Baum:

    http://charleyproject.org/cases/b/bailey_andria.html
    http://charleyproject.org/cases/b/burr_ann.html
    (^^This sounds more like it could be these guys instead of Bundy, who was only 14.)
    http://charleyproject.org/cases/c/carter_pollyanne.html
    http://charleyproject.org/cases/c/copsey_misty.html
    http://charleyproject.org/cases/j/juarez_sofia.html
    http://charleyproject.org/cases/l/leblanc_patricia.html
    http://charleyproject.org/cases/l/lewis_teekah.html
    http://charleyproject.org/cases/m/meeker_angela.html
    http://charleyproject.org/cases/r/robbins_diane.html
    http://charleyproject.org/cases/s/sanchez_carlota.html
    http://charleyproject.org/cases/t/thompson_misty.html
    http://charleyproject.org/cases/v/vorak_kristi.html
    http://charleyproject.org/cases/w/white_christina.html

    Lots from Tacoma area. So many people missing, it’s depressing. These are only the one’s listed that are under 16. And I don’t know if these freako’s had obsessions with boys as well.

    This little guy here, though reminds of Kyron:

    http://charleyproject.org/cases/w/wright_shelby.html

    Seriously, one suspect for all and Nobody has ever released anything in these cases?
    http://charleyproject.org/cases/w/white_christina.html

    One very sad denominator it seems in those cases is a pretty crappy home life. Breaks my heart.
    B

  11. T. Ruth says:

    O/T

    A week after Sofia’s disappearance, police announced an interest in a 35-year-old neighbor of Sofia’s. Kevin L. Ireland, who has a record for minor sex crimes, allegedly made a suspicious comment about Sofia’s disappearance over the phone. He took a polygraph about her disappearance and police served a search warrant on his house. They were also interested in the Ireland’s car, a white Ford Tempo panel van. A similar van was spotted a few blocks from Sofia’s residence at around the time she disappeared. Ireland was arrested on a traffic warrant unrelated to Sofia’s case a week after her disappearance, and while in jail was charged with telephone harassment in relation to the comments he had made about Sofia’s case. He is considered a person of interest but not a strong suspect in Sofia’s apparent abduction.

    Authorities, in May 2003, announced that in addition to the panel van they were looking for a mid-nineties model full-sized faded orange van with a license plate which had a double J in the number. The van’s driver was a while male with a thick blond beard, between 35 and 40 years old. A witness recalled seeing the van in the area around the time of Sofia’s disappearance. Police do not know if the van is connected to her case. Extensive searches have produced little of evidentiary value in Sofia’s case. Searchers found a pair of overalls and a pair of little girl’s shoes in the area, but neither belonged to her. Nothing else was ever located.

    *********
    from the link above @ the Charley Project. Sophia disappeared in 2003 from Kennwick, WA. I know the age is wrong, but the think blond beard a witness saw, could’ve been a thick whitening beard. Anyway, the reports say there’s a bunch of cars at the brothers place, who knows.

  12. evie says:

    @T. Ruth says: September 1, 2017 at 12:40 am
    “You said this guy (Multnomah County Deputy District Attorney Jim Hayden) was at Skyline on June 4? Why? Did he have a kid there?”
    He had two kids at Skyline, and told me that his daughter was Kyron’s reading buddy. He said that he didn’t know anything about the Horman case; that he was excluded from information because he’s possibly a witness. I pressed him on this several times but never could get any information from him. We used to attend a monthly meeting together. IIRC he removed his children from Skyline the following school year.

    evie- my sincere thanks for offering your perspective in a sensitive way. I have mentioned this before, but I think based on your comment it bears repeating- SEVERAL parents removed their children from Skyline for reasons directly related (in varying degrees) to Kyron’s disappearance. That is just a fact. I don’t find that odd per se, but I definitely find it odd that neither bio took action against the school.
    B

  13. Rose says:

    ot http://www.oregonlive.com/education/index.ssf/2017/09/after_investigation_reveals_in.html
    To me, SZ could easily be an employee of PPS. If known, simply cover up.

  14. Ode says:

    Rose, DY may have asked Terri if she could take the backpack. It would only make Terri look less guilty if that was the case as well as compassionate, heaven forbid. Do we know if Terri may have given her permission and Kaine did not know?

    I have verified independently that neither Kaine nor Terri knew Desiree took the backpack. It was suspected when they noted it was missing and checked with LE that they did not remove it, but it was not until her Dateline interview that anyone knew she removed it for certain.
    B

  15. oldladysmith says:

    Did Desiree pay child support?

    According to court records she did pay some to Mr. Mc a few years later after she attempted unsuccessfully to revamp the custody agreement and after he ended up paying some of her legal fees over some sort of dispute. When one willingly gives up joint physical custody of a child (both) and purports to be doing so to seek alternative medical care outside the US and the parent of primary residence agrees not to seek child support (pending) you can assume when one returns and decides to sell their home they rented out and move 5 hours away no judge would be willing to revise custody without a full hearing and that would include medical evals and relocation hearings – all of which DY would have to pay for. I have to believe any fam law attorney would advise her against that- just as I believe they would have advised her as to her ability to revise an agreement PRIOR to her signing away full custody. She did not pay any support to Kaine at any time.

    B

  16. Rose says:

    it astonishes me K’s room was not secured as part of a “crime scene” in view of his rrcent school year odd behaviors. Gifts from a perpetrator at school coukd’ve been present. not what was missing, but what was added in an unexplained way. At that stage both DY and TY shoukd’ve been considered suspects and not left to examine the room independently.

    I wish a single thing in this case could rise to astonishment for me anymore.
    B

  17. Rose says:

    as a child of multiply-divorced bios & steps, each, imo Kyron
    was recognizable from family office records alone to be
    easy prey at school for a pedophile’s grooming,

  18. cd says:

    Maybe there was something that DY knew was in the backpack that DY did not want to become public information or even LE to know about. I know the bee allergy thing was a big secret for a long time. What if DY had ask Kyron to bring her something from the Horman household when he went to Medford. Or Kyron had a letter or something DY did not want Kaine to know about.

    If I had been an investigator I for sure would want to know the contents of that backpack.

    IMO
    Maybe TY is a Jedi

    It was ridiculous for no detective to review/examine the backpack for a variety of reasons. It was ridiculous for DY to remove it without permission. In my view it has investigatory value (both real and potential) and should have been in evidence.
    B

    “you do not need to know what is in this backpack, Move along”

  19. Rose says:

    ot hope those 2 women & others initiate a Fed class action suit against
    the heartbroken Sheriff Reese in his personal capacity and mcso as a govtal detention facility receiving fed funds: http://www.oregonlive.com/portland/index.ssf/2017/09/portland_sex_attack_suspects_1.html

    Its right here:
    “If a locality is choosing not to share that information, that’s their policy choice,” said the law professor from the University of Nevada, Las Vegas. “The Constitution is not a shield on that.”

    Sharing info is not enforcing Federal law and he is going to lose that argument and risk those Federal funds and that is on him and his “stakeholders”. Politics have no business getting in the way of protecting actual citizens on any day, imo.

    He can’t fight this at his pay grade and there is a reason he has clearly been left out there to dry by “his commissioners and stakeholders”. Lastly- it gives me incredible pause to hear a Sheriff put blame on ANY agency for “failing to stop someone from entering the country illegally”. Isn’t that entirely incongruent with his mantra of “we want to build relationships with the immigrant community”? I don’t profess to have the answers, but I am quite sure that the priority at all times must be to insure citizen safety.
    B

  20. oldladysmith says:

    imo both bios do not want to sue pps because they would fight back mightily and all their secrets would be revealed the case would probably be solved.

  21. A Texas Grandfather says:

    Sheriff Reese has his priorities up-side-down. His first task is to protect the citizens of Multnomah County, not the non-citizen population of the county.

    The real citizens of Multnomah County will have to act to clean this up. Remove the sheriff and all the present county elected officials making certain to carefully vet all future candidates for office. This is only a beginning and should extend to those elected to state offices which will require all the counties do the same things.

    The federal government has a giant task of throwing out or a major clean up of the Kennedy sponsored 1965 immigration act. Crossing our border illegally should be a felony crime with a minimum sentence of two years in prison and forfeiture of all future avenues of entering the country. There should be a provision where any law enforcement agency or state that refuses to co-operate with the federal immigration officers will loose all federal monies for any purpose.

    Requiring a warrant for a citizen is in accordance with the Constitution. A non-citizen does not have any of those rights.

  22. A Texas Grandfather says:

    O/T

    The Community Band played its fall concert today at the Kingsland Lions Club fund raiser. All the funds collected were transferred to the County Association of voluntary fire fighters. They have collected seven 16ft. trailer loads of equipment for first responders to be taken to the small towns around the areas of Harvey’s damage to replace damaged equipment and clothing. The majority of fire companies in the United States are volunteer organizations.

    We are running out of gasoline and other fuels in our area due to the loss of power in the coastal communities and flooding of roadways. The remaining refineries that are dry are trucking fuel to aid the rescue efforts on the coast. I tried seven service stations yesterday to find regular gas. The last one had regular gas, but that was it. No medium grade gas and no diesel fuel.

    I had a great laugh yesterday when the Fox News reporter talked about the small refinery operated by Valero at Three Rivers, Texas was going to reverse the flow of a crude line from North Texas. It could be done in six or eight weeks of intense effort. By that time, the coastal refineries will be back in normal operation.

    lol.

    Thank you so much for you and your band mates efforts for the relief.
    B

  23. Rose says:

    “gives me incredible pause to hear a Sheriff put blame on ANY agency for “failing to stop someone from entering the country illegally” aint that a hoot

    this case shows the mcso Sheriff’s PROFESSIONAL bankruptcy, as does the unsupervised & unaccountable Kyron Horman mcso investigation. As to the latter, I’m waiting for Underhill to be professionally snared. Like the Salt Lake City DA. While the SLC DA farmed out a crim investigation, a DOJ/FBI review (if we had a proactive Fed govt investigating State govt malefactors now), would likely show both officers effecting the nurse’s illegal detention (I most dislike not the J Payne batterer but the one who haranged her whilst in his unmarked vehicle who kept saying “my law”), in prior cases had they given testimony under oath that in fact committed perjury and/or they’d made unConstitutional arrests. And that DA conducted no PD policy reviews, nor offered PD training, nor examinedtheir pernurous testimony. I find the mcda in the same slovenly ballpark. He, I believe, has a hyperinfllated sense of self-righteousness professionally as evidenced by the Judges he bars from hearing criminal cases.

    o/t for anyone interested in links to Rose’s reference:

    This is the crash incident that resulted in LE seeking a blood sample from an injured truck driver

    http://fox13now.com/2017/07/27/police-identify-suspect-victim-after-man-fleeing-from-police-killed-in-crash-near-wellsville/

    Please note the semi truck driver was also a reserve cop. If one watches the dash cam footage I think it is pretty clear that stretch of highway was not so filled with vehicles that it needed to escalate a pursuit of what amounted to to a misdemeanor offense. In short, the unaltered dash cam footage leading to the pursuit will tell the story, but what follows next tells me that Utah Highway Patrol realized pretty quickly that the circumstances around the pursuit may have made it an unlawful one. The incident sets off the next link:

    http://wnep.com/2017/09/01/video-shows-utah-nurse-screaming-being-dragged-to-police-car-in-alleged-unlawful-arrest/

    Keep in mind here two things:

    1. This patient was a victim of the now deceased driver who was fleeing from police and this was known to police on the scene of the accident and the officer (now on leave) sent to retrieve the blood. There is no circumstances where Payne can claim ignorance – my point here is that his attempt to demand the blood draw was unlawful in the first place. He knew that. What he was doing was attempting to locate an avenue to mitigate liability/negligence/reckless actions on behalf of USP. Once again, this is unlawful in the first place as it is clearly also considered (and spurred to action) in contemplation of defense of litigation (at this point by at least 2 parties the driver of the pickup (Marcos Torres) and the victim (Gray).

    2. Gray’s blood had already been drawn as a matter of emergency protocol in triage. Absolutely standard and I do not believe for 10 seconds that Payne was not aware of that. He wanted to walk out of there with a vial of blood, not an existing screen. That concerns me greatly. That said he had no right to request the existing screen without a warrant as was also explained to him. If Payne was on “blood retrieval duty” he also already knew that as well. In my experience if you have a cop perfectly willing to act unlawfully there is no coming back from that.

    Wubbels is a kind and lovely lady- and apparently an outstanding charge nurse, but mark my words, this set of incidents will result in criminal charges, loss of jobs and multi-millions in settlements.

    B

  24. Rose says:

    thank you Ode. I wish I could be as charitable as Blink and others and put its removal down to DY’s sentimentality and desire to be “close” to kyron in her loss. I don’t. I think they were searching his room if not the house on the QT for “evidence,” and Tony directed its taking, flexing his detective muscles.

  25. Rose says:

    This triggers me remembering the characteristics of the rare parent who’d sign custody into temp foster care.
    “When one willingly gives up joint physical custody of a child (both) and purports to be doing so to seek alternative medical care outside the US and the parent of primary residence agrees not to seek child support (pending) you can assume when one returns and decides to sell their home they rented out and move 5 hours away no judge would be willing to revise custody without a full hearing and that would include medical evals and relocation hearings – all of which DY would have to pay for.”

    no familiararity now but ago a parent could voluntarily sign child(ren) into foster care for 90 days, tho by early 80s in my jurisdiction it was discouraged for a preference for Court involvement & supervision. Being w/out housing or foodwasn’t good enough (govt had to provide it to keep kids out of govt foster care).

    Most often mothers did it for medical reason & generally that was drug treatment, maybe alcohol. If it was mental illness, parent wouldn’t be together enough to do a voluntary. I don’t see the diff between signing away custody to foster care or to an estranged bio father from DY’s perspective. It was an extraordinary relinquishment.

    An ordinarydivorcee would have gone to Court for a temporary modification
    whilst hospitalized. It suggests she was driven–and not by medical needs.
    —–
    She had a home in Portland and was
    employable there. and her sons were there.
    She went to Medford by choice.

    Yes, had she gone to court to gain some sort of temporary order it would have fallen under the relocation requirements and she would have been required to demonstrate proof (evidence) of her claims. Her stipulations with both Fathers were simply accepted by the court and made part of the record (lawful under OR law). That said, I am confident that had she sought to modify Kyron’s visitation through the courts (following her return) the court would never have agreed to no child support whether it modified the custody or not- the court is required to seek support enforcement on a childs behalf and no parent can “bargain that away”. That is exactly what happened re Quinn.

    Fwiw, I have not seen DY make that “medical treatment” claim since the medical records order was filed by Kantor- and I daresay you never will again. I had great respect for her when the last time I heard her respond to a question designed to address the issue of why she was not at the science fair that day (instead of her earlier response that she was in a month end close and couldn’t get away), but instead she said “living 5 hours away had its challenges”.

    B

  26. Rose says:

    @evie. You were,
    and no doubt are,
    a special parent/child advocate.

  27. cd says:

    T. Ruth says:
    August 31, 2017 at 11:42 pm
    The strangest thing I remember hearing early on in regards to the backpack, was an interview done at DY’s home (along with the unmad…. for weeks bed) was that Kyron’s backpack was hanging on the bed post.

    You are 100% correct on that T.Ruth.
    DY removed it from Kyron’s bedroom at the Hormans. Both Kaine and Terri learned where it ended up from that Dateline episode.
    B
    ————————
    DY removes the backpack from the Horman residence without the knowledge of Kaine and Terri. So DY and TY have this backpack that Kaine and Terri don’t know about (do we know if MCSO detectives knew she took the backpack or authorized it?). Then DY leaves said backpack in a location that she knows will be on national television. DY could have stored the backpack anywhere but she had it on Kyron’s bed post during the Dateline segment.

    Very confusing coincidence just like everything else in this case.

  28. erose says:

    This article says DY sleeps with the backpack above her headboard.

    http://people.com/archive/the-kyron-horman-case-inside-a-familys-nightmare-vol-73-no-27/

    Yes, I guess it was never clear to most that was the same backpack left at the school or how she came to possess it.

    Also noteworthy in that article is that it mentions Terri left with Kiara for 90 minutes while Kaine was being interviewed “days before the filing” and when she came home she was off to another room (or words to that effect). Kaine was being interviewed by Elaine Ardillas who has followed this case and since interviewed Terri (her first tv appearance). Kaine actually demanded Terri leave with Kiara (for at least 90 minutes) and that she was not permitted to participate in the interview in any way.

    This actually was the exact same day that when Terri would leave to speak to investigators (3rd poly) LE helped Kaine leave, and later that day the “sting” commenced. My point- in some manner Kaine Horman was told very early that morning about LE allegation of RSE mfh, and everything that was about to go down, he saw/spoke to counsel that afternoon as well and was told that TH would be in custody that evening. So- I ask you, what Father who now truly believes his wife attempted to solicit a mfh against him and now disappeared (or worse) his son, with knowledge his wife is about to be in custody as a result, sends her out with his baby for 90 minutes? Who the eff does that make sense to?

    B

  29. Rose says:

    ot Underhill employs a Shrunkian tactic to cow & control elected judges:

    : http://www.wweek.com/news/courts/2017/08/30/prosecutors-decision-to-cripple-a-judges-career-echoes-a-larger-battle-over-criminal-justice-reform-in-oregon/

    “In effect, Underhill had sidelined an independently elected member of another branch of government who did not work for him.”

    “”This experience is 10 times worse than breast cancer,” says Matarazzo, who has survived two bouts with the disease. “It strikes at who you are. When someone says you cannot be fair and impartial, for a judge, that strikes the essence of what it means to be a judge. Because if there’s any truth to that statement, you don’t belong on the bench.”"

    Underhill had the O reporter A Green
    do a timely hatchet job last March “”Nonetheless, Underhill’s office reacted with fury,and a story appeared in The Oregonian on March 10. Nobody on the panel vetting the Supreme Court candidates or in the governor’s office could have missed it

    1. I think in some areas where we have repeat offenders it is the Judge’s job to protect society (as the law mandates) over her personal feelings on recovery participation. What she feels is solving the problem or not solving the problem is irrelevant when it conflicts with statute altogether or her boundaries of discretion. Underhill wins that argument for me.

    2. On ex parte due to DDA’s being late, showing up at wrong courtrooms, needing to clarify time (at the same time as the hearing) is inexcusable but it cannot be handled the way Matarazzo has, period. It is simply unlawful and a violation of Judicial ethics and nobody licensed by the bar would disagree with that. For Underhill to pen the letter that if the court finds itself without a DDA on a docketed case, whether the court was aware or not, to contact the chief office to dispatch one is equally ludicrous and frankly, condescending af. Obviously I don’t practice in Oregon but in matters where one has to be in court in any jurisdiction I have ever worked in I have never seen a Judge have to address the State as being unrepresented. In fact, the court clerk has the bailiff check off attendance of all parties prior to the Judge taking the bench. I have seen prosecutors subbing and stating that on the record, or sometimes maybe defendants held up through transport, etc, but any issues re docketed times or order are addressed immediately when the Judge takes the bench and the court begins session. SO for me, this is beyond bizarre- on both sides. It is also completely resolveable. Maybe the Judges I come across are much more OCD in their court rooms but if it seems to happen with just cases that the State already fears Matarazzo will rule against them or against their recommendation- I wonder if it has been analyzed as to whether or not the tail is wagging the dog on the issue. The problem here is Underhill is correct that a Judge cannot commence a proceeding where the State is unrepresented and I have no earthly idea why she would- instead she should have alerted the chiefs that such unprofessionalism will not be tolerated and demand a response to eliminate the problem going forward. The rules of her court are hers alone. If true, by the very virtue of ex parte rules Underhill wins this argument because Judge M never addressed it herself, which was proper. She can’t have it both ways– she can’t say they are independent of one another and then act on their behalf (ostensibly).

    3. There are a few cases tossed in there that don’t have enough info to discuss both sides.

    No matter, in many ways Underhill was “just” here, but I am certain his motivation was to keep her off the Supreme Court.

    Makes me wonder if she was the presiding Judge of the first gj.

    B

    B

  30. Rose says:

    Looks like police did their job repeatedly, and the DA’s office is broken re appropriately charging and locking up without bail “minor” meth charges in the illegal immigrant homeless population http://www.oregonlive.com/portland/index.ssf/2017/09/sergio_martinez_arrests_in_ore.html#incart_river_mobile_home_pop

  31. Rose says:

    ot it seems to me the DA dramatically grandstanded with Massarota (sp?) to get headlines that he is tough on criminals with duis to protect the public primarily to counterbalance and to distract from his easy going approach to what he considers minor recurring drug offenders and arrested illegal immigrant homeless who jeopardise public safety far more, because someone with one dose of meth in them is capable of bizarre barbarity. . He has an actual policy on not prosecuting drug offenses per quantity. maybe it goes back atoning psychologically for his brother’s business sales to drug-addled smucks. .

  32. Rose says:

    looking at the big picture, Underhill’s aggressive behavior and lack of empathy towards destroying the career of an elected Judge does not differ from the probable neuropsychology ofh his convicted meth dealor brother. He should see Fallon for his diagnostic brain pet scan and dna warrior allele picture. If he too like Fallon is a genetic psychopath who did not engage in criminal behavior, a psychopathic neurocognitive profile would explain his 2010-17 treatment of TMH, damn the consequences for her or the investigation.

  33. Rose says:

    @ATG. Based on my recent reading, imo the DA was behind that blame-the-Sheriff article. It may be true, & probably is, but the failures to hold Martinez by charging him and arguing against bail at a prelim are the DA’s period. The PPB did repeated arrests. The jails are run by mcso yes, a ministerial task, but the failures are all those young ADAs who are following Underhill’s policies and directives on the prosecution of drug crimes. He does not prosecute and drops charges for the meth addled with small quantities, and homelessness is not a crime. Martinez was the result of repeatedly dropped charges. We know in Marrazo (sp) Underhill planted an O story to cost her a Supr Court job, and then released his memo to cost her a Chief Judge job she had bagged. He is petty, vindictive, and imo arranging blame the Sheriff stories to keep the spotlight off his office. imo the Fallon gene picture.

  34. Tiny says:

    This is not a subtle opinion and I apologize in advance.
    After reading this page of comments, DY is not truly interested in the truth. (Obviously there is not just DY in this category) When not interested in the truth, the backpack is immaterial. OR if the backpack contains something you do not want known……
    I have all kinds of empathy for DY but no sympathy for anyone in this situation that is not fighting for the truth. And that means truth with bright white sunlight that allows everyone to know what happened to a little boy that captured the hearts of the nation.

  35. Rose says:

    @ATG I lived in TX during Kennedy (high school) and during lbj and Nixon. There were no latinos in sight. Two in my entire major metro area HS. So whatever you refer to legislatively, my metro area became almost entirely latino during the Reagan years when Fed agency enforcement budgets were deciminated. Reagan plus bushes opened floodgates. My parent was head of the Regional IRS (7 State) personnel office there. hired ATF agents, tax court magistrates, etc. In the 50s-70s when a Republican was in charge, she literally knitted & crocheted at work for 4 years. If a Dem was in the Oval, she worked til her tongue hung out bringing on board ATF agents, tax court officials, & collections agents. That’s how it was.

  36. Rose says:

    “well and was told that TH would be in custody that evening. ”
    imo DEA plus mcso at Terri’s door with Rudy in tow was merely to get “enough” to conduct an “exigent circumstances” interior search during which they’d find some pretext ie the steroids to take her in to custody.
    So if she was in exile for 90 minutes, that’s when whatever arrest pretext coukd’ve been planted. (Soundslije mcso/da “hired” Rackner.) Only calling 911 at the outset saved her.

    They were already in the house by some means 24/7- there would be no way to separate that wheat from the chaffe whatsoever, imo. They counted on entrapping TH on the mfh which in my mind that means they believed their own bs, or at least believed they could put RSE up to it for something usable. There is zero doubt in my mind they expected to take Terri into custody following that sting, which turned out to be a flaming embarrassment to all LE involved.
    B

  37. Rose says:

    @Blink re utah nurse, the body cam to watch is this lengthy one which shows the long police interrogation of her whilst handcuffed in the unmarked, and the evil cop is not the remarkably volcanic assaultive J Payne, but Blondie doing the interrogation about 10:00. Around 12:30 he says “if we’re acting illegally there are civil remedies”…. looks like he’s used that line before.all their prior convictions need to be scrubbed. my point is this stuff had to go on for years under the DA’s nose.
    http://fox13now.com/2017/09/01/video-shows-police-officer-dragging-screaming-utah-nurse-from-hospital-after-she-upholds-policy-on-drawing-blood/

  38. Rose says:

    A commenter greg wagner said on the Judge article
    that OR Statute only provides for Judges to be
    challenged (and removed) case by case, not a blanket memo.

  39. T. Ruth says:

    O/T

    Texas is underwater and Oregon is on fire. The air quality in the majority of Douglas County is ranging today between Unhealthy and Very Unhealthy. That’s what it is in the valley where I live, really unhealthy. I hope neither of Terri’s folks have breathing difficulties such as COPD, I think Roseburg is just as bad. I went out to pick my plums and had to wear a wet bandana over my nose and mouth. The wineries in the valleys are saying saying the wines this year will have a smoke flavor. I wonder if my jam will?

    It’s awful today, supposed to possibly get another round of dry-lightning strikes in the Cascades and possibly surround foothills on Tuesday, which is what started the majority of these fires to begin with. I’m praying for rain, which they say “may” come on Wednesday. Still I’m thankful we’re not on fire right here. My heart goes out to the folks Harvey inundated and the poor folks in the Beaumont area that are totally out of water. I donated what I could to the Red Cross the other day, supposed to be ear-marked for TX and I’m hoping all these fires won’t result in more tragedies.

  40. T. Ruth says:

    Blink, I have two posts from the 1st still hanging on a chad, no big deal.
    First one is just agreeing with you guys that the backpack should have been brought into evidence.

  41. T. Ruth says:

    @evie

    Thanks for your answer re Hayden. Quite a statement when a DA removes his kids from the school, unless of course he moved to another area or something.

  42. A Texas Grandfather says:

    Rose

    Your high school years were just ahead of our oldest who began high school in 1965. While you did not experience any illegals in your school, they were in the schools on the coast. The big thing that changed was the Bracero Program that brought in Mexicans for farm and ranch labor was cancelled following the immigration legislation of 1965.

    Under the cancelled program, Mexicans would be vetted in Mexico and brought by bus to the farms and ranches for work during the planting and harvest season. There were school programs for children from families. However, those were few as most of those in the program were men. They worked the fields while residing in housing provided by the farm or ranch. They were also fed . Some were allowed to go to town once a month while those that lived on farms close to a town could walk and go more often.

    If you read the Mitchner book Centenial, you will see the pattern of Mexicans going to Colorado to work for a season and then returning home. The “Potatoe Braumfield” portion of the story. This book was published in the early 1970′s. If I remember correctly, this book has more pages than “Gone With the Wind” which was around 1,000.

    One of the big differences that occurred during the 1960′s was the end of the agricultural dominance in the country and the beginning of the services dominance in the work place. This created many more opportunities for low skilled workers.

    I have little doubt about the experience of your mother. The Democrats are the party of growing government while the Republicans were the party of small government. This lasted until the time of G.H.W.Bush and then Clinton. It may be about to be reversed in the current administration.

  43. T. Ruth says:

    “She’s completely biased against the state and crime victims,” says Norm Frink, Schrunk’s longtime top deputy before retiring in 2012. “She probably should have been affidavited years ago.”

    http://www.wweek.com/news/courts/2017/08/30/prosecutors-decision-to-cripple-a-judges-career-echoes-a-larger-battle-over-criminal-justice-reform-in-oregon/

    Ghosts from the past speaking out. I wonder if Schrunk ever did this to Meisenheimer? I still scratch my head wondering why Judge M would retire in the middle of one of the biggest cases Multnomah had ever seen? And I also wonder about Nan Waller, because IIRC, she was the one who was supposed to be handling the DY civil case or the divorce, can’t remember which. And I still wonder how Kantor was decided to be the judge handling all three cases. Seemed conflicting then, and it still does today. Is this sort of information public somewhere?

  44. T. Ruth says:

    It’s a pretty comprehensive article, but it doesn’t explain a couple of things. First of all, the rules on disqualifying a judge are contained in Chapter 14 of the ORS, and the reading of the text would seem to indicate that a motion to disqualify a judge, needs to be filed on a case-by-case basis, and not as a general blanket motion. Also, ORS 14.260 allows that: “The motion shall be allowed unless the judge moved against, or the presiding judge for the judicial district, challenges the good faith of the affiant and sets forth the basis of the challenge. In the event of a challenge, a hearing shall be held before a disinterested judge. The burden of proof is on the challenging judge to establish that the motion was made in bad faith or for the purposes of delay.”
    So, there’s clearly a method for a judge to challenge such a disqualification, which Judge Matarazzo doesn’t appear to have done.
    This motion-per-per-case requirement, is buttressed by the language of ORS 14.270, which begins with: “An affidavit and motion for change of judge to hear the motions and demurrers or to try the case shall be made at the time of the assignment of the case to a judge for trial or for hearing upon a motion or demurrer.” “at the time of the the assignment of THE CASE” seems pretty clear language, so I’m wondering how Mr. Underhill is able to just go outside of the law like that, and more importantly, is this the kind of arrogance toward proper jurisprudence, that we should expect from him and his office?
    It seems to me, that the presiding judge could – and should – act to resolve the situation, by assigning every single criminal case to Judge Matarazzo, and just burn up the D.A.’s resources, by requiring them to file affidavits and motions, and go through hearings, for every single case, just as the statute requires.

    http://www.wweek.com/news/courts/2017/08/30/prosecutors-decision-to-cripple-a-judges-career-echoes-a-larger-battle-over-criminal-justice-reform-in-oregon/

    I brought over the above comment because I’m too lazy today to look the law up myself. (Prolly the smoke.) But, it is interesting that this is supposed to be done on a case-by-case not some blanket order from the DA.

  45. Rose says:

    looking into local Cty elected official dysfunction, one sees a former School Board Chair https://www.glapn.org/6008stevenkafoury.html
    He & the Wife 1 he dumped in his later years
    apparently migrated to Portland from the 60s Peace Corps.

  46. Rose says:

    “They were already in the house by some means 24/7″
    Well there’s the trust the banker, preacher, police, lawyer,
    senator/congressman, doctor, coach, teacher
    mentality most of us grew up with til we got smart and
    realized some are competent and truthful, and some are not.

    I do not believe any educated person
    with a kidnapped child or not
    hosts police IN their home 24/7 unless
    they are way afraid for a reason relating to
    their own person they well know. imo they’d want privacy.

    Totally agree.

    Just thought I would throw this on here for review:
    https://www.lanecounty.org/UserFiles/Servers/Server_3585797/Image/Oregon%20Criminal%20Justtice%20System%20in%202016.pdf

    Is it just me, or does it seem that the pertinent deets of grand juries/indictments/pleas and trials outcomes would be a part of any report offered as some sort of metrics report card? Costs per case/investigation? I admit I only glanced through this, but what about the pending recording of GJ’s?

    How does one pick the title “A continuing success story” when it excludes the front of the house functions that contribute to the “incarcerated” number in the first place. Afaik, a report generated by Staton that would disagree with those findings to some extent, and a ODOJ agreement re treatment by PPB of the mentally ill are not referenced?
    B

  47. A Texas Grandfather says:

    Thank you for your Texas donation T.Ruth.

    I hope it goes to Texas relief. I have little faith in the Red Cross from experience. They do not offer much in relief activities and when they provide food services from a truck in a stricken area, they always charge. May as well have a commercial food truck as to have the Red Cross.

    They are the single reason for the “United Fund” drives in communities. Their misappropriation of donations caused the public to stop donating to them in the 1950′s. Then they helped organize the United Fund with their organization getting the largest share of donations. The Salvation Army is a much more reliable group.

  48. A Texas Grandfather says:

    The news is reporting that the number two largest refinery (Exxon/Mobil) in the U.S. located at Baytown on the East side of the Houston Ship Channel has begun startup operations. This means that those on the West side of the channel may be in the process as well. The majority of the refineries and chemical plants are on the East side of the channel.

    Rose

    A correction on the Centennial reference. Potatoe Brohmberg is the correct name. I read back and found the error.

  49. Rose says:

    ” does it seem that the pertinent deets of grand juries/indictments/pleas and trials outcomes would be a part of any report offered as some sort of metrics report card? Costs per case/investigation? I admit I only glanced through this, but what about the pending recording of GJ’s?”
    Sure & all of above should be in appendix, by County.
    This is just PR.
    Underhill is gifted at using the written
    word for marketing purposes.
    He should be in Corporate e-tail.

  50. T. Ruth says:

    “LE officials have informed me that that more than one circuit court judge has determined probable cause exists to implicate Respondent in Kyron’s disappearance and the murder for hire plot. Respondent and her lawyers are also aware of this.”

    http://www.oregonlive.com/portland/index.ssf/2010/10/kaine_horman_calls_his_estrang.html

    (the “that that” is not my mistake btw, and mistakes such as that usually happen when modifying what was originally written)

    I just wonder as all this time has passed, if anyone can make sense of what was going on at this time, and why “two circuit judges” would be individually dealing with LE in this regard. What would LE be running by a judge at this point, other than perhaps search warrant approvals? Did LE actually tell KH this: “two judges agree we have probable cause to ‘implicate’ TMH”? Or did two separate judges simply grant separate search warrants in either matter?

    All this manipulating judge business me wondering just wth was going on behind closed doors?

    T.Ruth- it was word smithing. No Judge can decide what “implicates” a person who has never so much as been charged with a crime. For starters, Kaine (through words written by counsel) was actually referring to the approval of search warrants- very standard in a criminal matter. Under the law, Judges are subjected to the 4 corners doctrine of the request for the warrant in the first place- it simply means that the Judge is relying on the info contained in the warrant to be accurate and true and no more and no less. For that limited purpose, it also limits any liability to a Judge and burdens the affiant.
    B

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