If you are reading this and have followed the Kyron Homan disappearance coverage since he vanished from Skyline School on June 4th 2010, you know my coverage and commentary has focused on the macro analysis of the case details- both publicly available and via developed sources. This report contains newly released information known to law enforcement. It’s contents, to include reader commentary and moderation response, may not be reproduced or copied without express written consent by it’s author in accordance with applicable copyright law.
*TONIGHT* LIVE ON THE DANA PRETZER SHOW- S. Christina Stoy, Editor In Chief discusses the Kyron Horman Case status LIVE at 9PM EST.
Last Week’s Meet And Greet
On Tuesday July 30th, the attorneys representing Terri Moulton Horman, Kaine Horman and Desiree Young attended a series of case hearings. Not held in chambers as announced, but public guests were barred.
On the docket- Desiree Young’s “stay” status of the $10 million dollar civil tort action brought against Terri Horman and the dissolution (divorce and custody) litigation brought by Kaine Horman, Terri’s estranged husband. Until July 26th, there were additional hearings and status conferences scheduled for the recently renewed Freedom From Abuse and Protection Act (FAPA) motion to contest and compel depositions in the restraining order prohibiting Terri Horman from contact with the couple’s daughter Kiara, now 5 years old. Horman has not seen her daughter since June 2010 despite several attempts through counsel to arrange parenting time. Engel, one of the attorneys representing Kaine Horman, argues that the FAPA case is consolidated with the divorce action, and therefore stayed.
Peter Bunch, counsel for Terri Horman, argues that there is no consolidation order.
Non attorney’s still do not understand how the initial proceeding to renew the FAPA order occurred when the plaintiff failed to file the required motion and accompanying affidavits in advance as required, or even serve the respondent’s attorneys until ordered to do so by Judge Henry Kantor once the hearing commenced. Kantor ordered the renewal anyway. I will let the goodly Oregon bar members weigh in on that anomaly.
That was then. This is now.
As of July 31st, the FAPA restraining order was expired and a civil no contact order was put in its place. The dissolution matter (divorce) stay has been lifted and Desiree Young announced she was instructing her attorney’s to withdraw the $10 million dollar suit financed by public donations.
On the same front steps where Atty Rosenthal announced that they were launching the suit to peel the onion that is to include law enforcement, and to “make Terri Horman talk” was withdrawn in similar fashion.
However, on this occasion, Multnomah County District Attorney Rod Underhill was not spotted on the steps observing. Rosenthal and Young indicated the recent appearance and testimony of former object of compulsion to testify, DeDe Spicher, as well as information that the investigative case file necessary (their words) to prove their claims would not be forthcoming. In an article analyzing the suit appearing on BOC it was predicted that Ms. Young would face possible countersuit and associated fees should the suit continue as filed.
Attorneys for both Kaine and Terri appeared before Multnomah County Circuit Family law Judge Susan Svetkey on August 1, 2013. Judge Svetkey is Houze’s wife. The docket information for that hearing has not yet been entered into the file as of this publication.
The only comment about the withdrawal of the civil tort action by Stephen Houze:
“The lawsuit was unfounded and lacking in legal merit,” Houze said. “One can only hope that the dismissal of this meritless lawsuit receives the same degree of media scrutiny as was given to its filing.”
In recent interviews, Kaine Horman has intimated that his wife has expressed her desire to help find Kyron, or at least contribute to excluding herself as a possible suspect. He also admitted that he no longer has any communication with Desiree Young, Kyron’s mother. He sometimes wonders what law enforcement is actually doing on his son’s case. This is a firm departure from how Mr. Horman initially retained his six figure attorney Laura Rackner of Gearing, Rackner, and Engel & McGrath. Ms. Rackner appears to have promulgated her duties of late to her partner, Brett Engel.
This all seemed to start when formidable and well known tort Attorney Mark Wagner came out of retirement to appear as counsel for Terri Horman. Wagner and Rackner know each other, and Rackner is no stranger to LE –based dissolution entanglements.
In fact, Wagner represented her and her previous firm successfully.
Kaine Horman’s attorney Laura Rackner is no stranger to law enforcement infused litigation. She is a former prosecutor for Oregon’s department of Justice, The U.S. Department of Justice, and Office of Chief Counsel. Ms. Rackner has specificity in Drug Enforcement Administration (DEA) casework.
Born in Minneapolis, Minnesota, Laura received her B.S. in 1979 and her J.D. in 1984, both from the University of Oregon.
Prior to entering private practice, Laura served as deputy district attorney in the Marion County District Attorney’s Office; assistant attorney general in the Oregon Department of Justice; and on the staff of the U.S. Department of Justice, Office of Chief Counsel, Drug Enforcement Administration.
Martin Rob Cagan, The bagel king and according to him, a supreme target of a police shakedown at the hands of his former spouse’s attorneys was the litigious sort.
In fact, this may be how Atty Wagner decides to come out of retirement and become part of Terri Horman’s defense team while the civil suit was active.
Wagner’s firm represented Ms. Rackner in a suit filed by Rob Cagan in which he sued the Dueshete Police Department, A partner in the firm representing Caroleen Vanhoomissen, the suit (or ramblings of a very angry divorcee) alleges that the firm and its lawyers facilitated the difficulties of Mr. Cagan utilizing law enforcement sources directly by the attorneys was dismissed.
Ms. Vanhoomissen, the sister of Judge Vanhoomissen is also the owner of a horse farm in Bend, Oregon. Blinkoncrime was unable to verify if it was the Bend horse farm searched in the early days of the investigation for Kyron.
Attorney Rackner’s prior working relationship with the DEA, the very agency that supplied the undercover officer in the failed sting involving Horman landscaper Rudy Sanchez begs the question- Did Rackner use her contacts and/or credentials to facilitate a surreptitious ruse to gain favor for her client in anticipation of his wife’s potential arrest?
Kaine is on record that law enforcement informed him they had probable cause to arrest Terri. What is not on record, is what came first- the referral to Rackner.
I just want to do what I can to help law enforcement
Seems like an odd comment coming from a family attorney with a background as a prosecutor working with the DEA, which agency subsequently becomes involved in the case- or initially led to her representation- the chicken or the egg facts remain unclear.
The ex parte and originally sealed restraining order did not exclude Terri Horman from the marital home. Was this an oversight of a very seasoned family attorney or was the basis of the now defunct restraining order as provided to Kaine Horman and Laura Rackner by law enforcement effectively invalidated by Terri Horman calling 911?
Is the reason that Atty Engel seems to have taken over representation of Kaine Horman due to the fact that these actions could render Ms. Rackner a witness in her client’s case as opposed to his Attorney?
In the motions and subsequent hearing scheduled for July 30th, the only available arguments outside of the parties agreement is to contest the basis for the FAPA order- or, the allegation Kaine Horman has made within his affidavits more than once, that his wife tried to hire “our landscaper” to kill him, and that she is being investigated for “violent crimes.”
The order was converted to a civil no-contact order which has not yet been added to the file for public review.
Desiree and Kaine’s respective camps both claimed “protecting the integrity of the investigation” was their only interest although the ONLY 2 witnesses who were summoned for deposition by Terri Horman’s lawyers were- the lead investigator of Kyron’s investigation for 18 months- Bobby John O’Donnell and Kaine Horman.