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The Crime Review 2011

January-  David Anthony Durham shoots police officer after playing hookie from work in anticipation for an arrest, his house is located in the grid search for missing 7 year old Kyron Horman.  **Unsolved, **Unrecovered

February- “Onda” Chris George- featured in a cold case investigative report in November 2010, Chris was recovered on February 21, 2011 .  **Unresolved Possible Homicide

April 1 2011- Successful prosecution and life sentence of James Hattaway.  No April Fools joke.  Hattaway, a suspect in the disappearances of Onda Chris George,  and Tracy Ocasio, was convicted of attempted murder of Rachael Clark .

The alarming violent abduction of 20 year old student Holly Bobo.   Miss Bobo has not been located and their have been no updates by the TBI in her case for several months.  No named person of interest  in the case.  **Unsolved, **Unrecovered

May- Terrorist leader Osama bin Laden is executed upon refusal to surrender by US Navy Seals.

May/July- The trial of Casey Anthony resulting in her acquittal in all changes except 4 counts of lying to police.  Ms. Anthony has been renamed the C-word by www.blinkoncrime.com and recently released her first video diary as a blonde with a really bad cut.

June- Disappearance of Jacque Waller, wife of former cop and general con man Clay Waller.  Jacque has not been recovered, but Clay is in prison on  unrelated charges currently and the couple’s children are in the custody of Jacque’s family.    According to Clay’s dad , he has already confessed to her murder.

June -Successful prosecution resulting in a life sentence for the murder of Christine Sheddy, a 5 part cold case series developed in 2010 and featured on BOC for the purposes of progressing her case.  Justen Hadel, one of the primary suspects in the case ending up confessing, and our information was correct that Christine was murdered on the Byrd road property.   I spent a day on in 105 degree weather followed by a mini-hurricane on this hell-hole property I will never forget.  I continue to seek justice in the hope a prosecution will follow for Clarence Jackson and Tia.

July/August 2011- Celina Cass missing, and recovery of her remains.  While it is presumed a homicide, her cause of death has not been determined or released.  Wendell Noyes, her stepfather is the only non-official person of interest. Celina’s mother left him while he underwent psychiatric care upon the news of Celina’s recovery.  It is my solid opinion that Wendell is involved in Celina’s death and disposal of her remains in a water treatment ().  There have been no arrests or indictments in this case to date.

August 19, 2011.  West Memphis Three-  Two days after I wrote a series about the murders of 3 8 year old boys in June of 1993 by 3 teenage boys known as the West Memphis Three,  all three plead guilty to an alford plea after the state agreed to a deal proffered by the defense team, funded by the Hollywood elite.  So far, Reese Witherspoon has been cast as Pam Hobbs, mother of Stevie Branch.  In November, the parents wrote a letter to the Chair of the AMPAS documentary committee asking that they not con sider the HBO commissioned Paradise Lost 3, Purgatory for an award.  We featured the entire letter as a front page on the site, in support.

September 2011-  The Susan Powell case-  The roller coaster of we found remains, wait, not remains, but former remains in burned wood chips.  The subsequent arrest of Susan’s freak in law

October 2011- The disappearance of Karen Swift, mother of four.  Karen was located on December (), and has yet to have her autopsy completed or her remains released.  Sheriff Box of the Dyer County Sheriffs Office has not named a suspect, but it is widely known that the primary person of interest is David Swift, Karen’s recently estranged husband.

Missing 10 month old Lisa Irwin- No new anything in this case, since Joe Tacopina of Joran VanDerSloot fame took the case to represent the parents.  A lead developed from Deb Bradley’s phone produced a juggalo chic whose phone was called in what is believed to be in the middle of the alleged crime, and did ping close to the Irwin residence.  Megan Wright’s former boyfriend known as Jersey was subsequently arrested for tampering with a vehicle.  She claims not to know anything in the case and that her phone was used by several members of a household she was since asked to leave.

Amanda Knox Acquittal- what many did not know about the prosecutor will change most of your opinions in this case.  Blink dubs Giuliano Mignini  “The Mike Nifong” of Perusia.

November/December: The Nittany Nightmare-

Over 40 counts of child sexual abuse are filed in an indictment against former PSU offensive coordinator and Second Mile founder Jerry Sandusky.  Tim Curley and Gary Schwartz are indicted and held for trial for perjury in their grand jury testimony.  Mike McQueary stands firm in his testimony during the preliminary hearing.  Blink uncovers a possible insurance scandal paying the legal bills.

Officer Steve Dodds was alledgedly shot more than once at close range while the incident was recorded on his patrol car dash cam. Dodds is in critical but stable condition. Dodd’s stopped David Anthony Durham for speeding Sunday evening after he left a co-worker’s party without his date, but not without his dog, Huckleberry.

Huckleberry has been recovered by police with only a minor leg injury.

It is not known what prompted the attempt on Officer Dodd’s life, but according to Durham’s own family members, he has been suffering from delusions and instability following a shoulder injury he sustained in June, 2010, for which he was taking prescription painkillers.

Michael Durham, David’s older brother and a Wildlife Photographer, pleads for his younger brother to turn himself in peacefully:

“I wouldn’t say that was a catalyst for anything,” he said. “You know, my brother has been having some issues with a shoulder injury and he had been on pain medication for the past few months. And we noticed that his ability to perceive what was real and what was not real seemed to diminish.” “My sister, Laurie, my brother Willie, myself and my mother, we love David and we want him to peacefully turn himself into the police,” said Michael Durham. “They assured us that he won’t be harmed if he’s not armed and doesn’t act in a threatening manner.”

David Anthony Durham, a resident of Sauvie Island, for the past six years, was a Sauvie Island Volunteer Firefighter, and nominated himself for director in 2007. Six months ago he was removed from active duty for erratic behavior. Durham is also reported to be an avid landscaper and outdoorsman.

Durham’s home on Sauvie Island, is directly adjacent to a highly publicized sighting from a tipster in the Kyron Horman disappearance investigation named “Chas” who claimed to have seen a woman with long red hair the morning of his disappearance at approximately 9:15AM on his way to work, in a white truck.

Multnomah County Sheriff’s Office has cordoned off Durham’s Sauvie Island home and access is blocked by a MCSO patrol car.

There has been a 25 person SWAT team stationed at the base of the street since Monday, as well as a second team at a vacation home in Waldport.

A co-worker of Durham’s at Willamette Blueprint & Printing described her friend as a happy go lucky guy with no emotional problems and has worked there for at least 5 years.

However, Durham failed to show up for work on Friday, indicating perhaps he had concerns prior to the Sunday shooting. In a financial document obtained exclusively by blinkoncrime.com, In September 2005 David Durham claimed he left Willamette to become a full-time college student and that he was receiving unemployment compensation directly to his Portland Teachers Credit Union Account, while seeking financial aid.

It also showed that Mr. Durham was a previous resident on Sauvie Island at another address 2.5 miles South, and directly adjacent to Logie Rd across the channel. New Intelligence Leads To New Search Efforts Today Specifics have not been released, but new intelligence, the first in 9 months, is responsible for today’s new search efforts.

Today, Newly-tasked search teams are concentrated on NW Skyline Rd, south of Rocky Point.

Desiree Young, Kyron’s Mother:

“I have been waiting for this search to happen for some time now,” said Desiree Young, Kyron’s biological mother. “The Kyron Horman Task Force has shared the intelligence information with me, but unfortunately I can’t share that information with the media. I’m excited that today’s search will hopefully bring some closure to this case.”

www.blinkoncrime.com editor Madeline Tanner contributed to this report

In what can only be considered the latest bombshell development in the case of missing Portland boy, 7 year old Kyron Horman, blinkoncrime.com has discovered that the recent sexually graphic text messages or sexts, allegedly exchanged between Terri Horman and mutual friend Michael Cook, may have been altered.  Definitely, alter-able.

Blinkoncrime.com has confirmed that the phone number which Kaine hand-wrote on the originally sealed emergency restraining order dated June 28, 2010, matches the cell phone number he also alleges, through his attorney Laura Rackner, was used by Michael Cook to RECEIVE the “sext” messages in question.

What’s the issue?

Kaine Horman owns the phone and the account it is registered to, and unless the allegation is that Terri Horman, using her own phone as purported by Kaine, is herself posing as Michael Cook and sexting herself, which would seem like a physical impossibility given some of her *glamour shots*, we have a serious problem.

In Kaine’s own handwriting on the June 28^th Restraining Order, he pens that  is an alternative number for Terri Horman.

In the contempt order filed by Kaine Horman on July 12, Ms. Rackner states that she has personally seen the “work phone” records of Michael Cook, and goes on to say “a search” of his cell phone reflected that he took snapshots on June 28^th of the earlier served restraining order, which had been sealed, and was the basis for the contempt motion in the first place. He took pictures of sealed documents on the phone belonging to the other person bound by the same order prohibiting Terri Horman from showing anyone. As there are no texts on the work number until July, it is the only logical conclusion.

I am going to go out on a limb here and assume that at some point it occurred to someone that using good faith information in your affidavit, which when not alerting the court that your client has complete ownership and access to the data on the phone account in question, can look like bad faith in a nano-second, thus the withdrawal.

However, not everyone is on the same the playbill because the 21 pages of texts, which were released in PDF format, and do not include any numbers for Terri Horman herself, were supplied in an electronically redacted format; which again indicates this was not an original file.

It was not until the unredacted pdf’s became available October 26^th and we converted them to HTML files could we see that based on the file format, it is clear these records came from the account owners and were not subpoenaed from the carrier. Original files, also provided to the respondent, are the requirement of the court. We all know texts can be sent from our phone online accounts, and from our phones directly; I think I even have voice command to text widget thingie.

Anyone that had access to the account, which is registered to Kaine Horman, could clone, spoof, or manipulate those messages, period. That aside, let’s consider the possibility that Terri Horman HAD implicated herself even slightly in any messages on phones that may be utilized to illicit information by a woman who demonstrated her complete knowledge that she understood what expectation of privacy parameters she was under the impression she was operating under, and engaging in, with the “textee”.

Terri Horman was represented by counsel, it would not be difficult for Stephen Houze allege that Kaine Horman was in constant contact with MCSO, had already been provided case sensitive information by them, and as such, was acting as an agent in soliciting the text messages. You see where I am going with this?

The fruit of that poisonous tree is more like the fruit of the poisonous orchard.

The implications of this scenario are abysmal. While I completely understand the desperation of a Father wanting to locate his child, since I have yet to really see anywhere Cook attempts to engage Terrri Horman about Kyron’s whereabouts at any time; I do not get the point of the exercise.

Ms. Rackner is a first rate “Super Lawyer”, but she is not above the burden of her duty to insure that what is being provided to her as a “good faith basis” is just that.

Does this information make Terri Horman any less vulgarly inappropriate at best? Hell to the No.

While it is true on the surface because of this information one will be hard pressed to prove it was definitely Terri Horman who sent the electronic ipecac none of us will soon forget, her attorneys have not denied it was her, nor do I expect them to, at least not until they read this.

What it does, yet again, is potentially compromise the criminal case involving the disappearance of Desiree Young and Kaine Horman’s son Kyron.

This afternoon, blinkoncrime.com contributing editor and Legal Analyst, Lea Conner weighed in:

Kaine Horman claims that law enforcement provided the texts records to him, but that does not mean that the records came from the cell phone provider, nor does it mean that the conversations involve Michael Cook or Terri Horman.

In fact, there are indications that the text message transcripts filled by Mr. Horman are not as they appear.  At least one of the phones purported to belong to “Michael Cook” is registered to Kaine Horman.

Just as important, none of these records indicate any information about the texts Mr. Horman alleges were sent by his wife. Mr. Horman does not list any cell phone number, not one message ID, not one cell record that indicates the identity of other party to the conversation let alone indicating Ms. Horman as the other party to the text message “conversations.” In the case of the phone with the “503″ prefix (503-XXX-XX76), Mr. Horman is the registered owner of the phone that was purportedly sending texts as “Michael Cook.”

More bizarre, Mr. Horman listed this number as belonging to Terri Horman in his application for a temporary restraining order.  Was this a slip on the part of Mr. Horman? Mr. Horman claimed in a motion for remedial contempt that Ms. Horman showed a copy of the restraining order to Mr. Cook and allowed him to photograph the document.

Given that the phone Mr. Horman is the registered owner of the phone he purports was used by “Michael Cook,” it begs the question as to whether Ms. Horman ever allowed Mr. Cook access to the sealed restraining order.  As a party to the action, Mr. Horman had the very same sealed documents. Mr. Horman, through Counsel Laura Rackner, claimed to have reviewed Mr. Cook’s “work cell phone records.”

It is not clear if the documents Ms. Rackner referenced as Mr. Cook’s “work” cell records are, in fact, for the phone registered to Mr. Horman. If the sealed documents referenced in Mr. Horman’s contempt motion were photographed with the phone registered to Mr Horman — the same phone that Mr. Horman claims was used by Mr. Cook —  it might help explain why Mr. Horman withdrew his contempt motion.

Had he gone forward with the motion, he might have had to explain how it was the documents allegedly photographed by Mr. Cook were the same documents that he had in his possession, and that the phone used to photograph sealed court documents was registered to him, not Mr. Cook.

The records for the phone with a “971″ prefix (971-XXX-XX63) are unlisted.  This phone also purported to send texts as “Michael Cook.” Due to the unavailability of any registration for this phone, it is impossible to tell to whom the phone belongs, or who was actually sending texts from this phone. The unredacted copy of the cell phone records filed on October 25, 2010, only identifies one caller on each set of cell phone records. This means that the records came from the phone, not the cell provider. Text records on pages 1 through 12 of Exhibit 1 are from (503) XXX-XX76 (“Cell Phone A”).  These pages allegedly represent text messages sent between 10:17 pm on June 30, 2010 through 7:19 pm on July 1, 2010.

In separate court documents, “Michael Cook” is identified as the sender of text messages and the recipient of text messages is identified as “Terri Horman.” Cell Phone A is a Cingular/AT&T cell phone registered to Kaine Horman. It is also a phone number listed by Mr. Horman in his restraining order application as a phone number for Ms. Horman.

Pages 1 through 12 of Exhibit 1 does not list any phone number for the portion of the conversation attributed to Ms. Horman, only that the texts listed were received by (503) XXX-XX76. Text records on pages 13 through 17 of Exhibit 1 are from (971) XXX-XX63 (“Cell Phone B”).

These pages allegedly represent text messages sent between 6:49 pm on July 4, 2010 through 8:30 am on July 6, 2010.  The bottom of page 17 has a partial text message sent on July 6, 2010, which purports to be sent after 8:30 am. Cell Phone B is an unlisted cell phone with AT&T (formerly Cingular).

In separate court documents, “Michael Cook” is identified as the sender of text messages and the recipient of text messages is identified as “Terri Horman.” Pages 13 through 17 of Exhibit 1 does not list any phone number for the portion of the text messages attributed to Ms. Horman, only that the texts listed were received by (971) XXX-XX63. All texts in Exhibit 2 are from Cell phone A, and allegedly represent text messages sent between 2:29 pm on July 3, 2010 through 9:40 am on July 4, 2010.

Exhibit 2 does not list any phone number for the portion of the text messages attributed to Ms. Horman, only that the texts listed were received by (503) XXX-XX76. All texts in Exhibit 3 are from Cell phone B, and allegedly represent text messages sent between 8:44 pm on July 6, 2010 through 8:41 am am on July 7, 2010.  The top of page 1 of this exhibit has part of an undated message from 8:41 am., possibly on July 6, 2010, that states “I understand. I’m upset about kitty.  I didn’t do [sic]”

Exhibit 3 does not list any phone number for the portion of the text messages attributed to Ms. Horman, only that the texts listed were received by (971) XXX-XX63. Surely investigators working on this case must know that the cell records filed by Mr. Horman as coming from Michael Cook’s phone were not from Mr. Cook’s phone, but from a phone registered in his own name.

Someone in law enforcement must have noticed that the number Mr. Horman claims belong to Michael Cook is also the number he claimed belonged to his wife in his TRO application. Mr. Horman signed his application for temporary restraining order on Monday June 28, 2010, prior to its filing at 4:39 pm that afternoon.

This was two days after the Multnomah County Sheriff’s Office conducted its failed sting operation at the Horman residence on Saturday June 26, 2010. MCSO was unable to confirm the murder-for-hire plot that had been alleged by the landscaper.  As a result, MCSO was not able to arrest Ms. Horman.

As such, why did law enforcement then give the green light to Mr. Horman to obtain a restraining order on the basis that his wife had hired to hire a hit man?  Or did Mr. Horman act unilaterally without the endorsement of law enforcement? Surely Mr. Horman must have known that law enforcement could not verify the landscaper’s story, yet he went ahead and filed a restraining order based on the very allegations that law enforcement could not verify. So why did he sign his name to allegations that he knew were not true?

The text messages don’t check out.  The murder for hire allegations don’t check out.  The only common thread here is a man whose son disappeared on June 4, 2010. As tragic and anguishing as Mr. Horman’s circumstances may be, that does not excuse misrepresenting information to the court.

Mr. Horman cannot claim that the phone registered in his name is Michael Cook’s work cell phone, nor can he claim that the phone allegedly used by Michael Cook was used by Ms. Horman. When Sheriff Dan Staton talked about knowing things that might surprise people, could he have been talking about cell phone records? Maybe Stephen Houze and Peter Bunch will force the sheriff to reveal its source for the records.

Although the answer would not bring Kyron home, it might at least alleviate some of the blame heaped on Ms. Horman, as unpopular as that may be.

Lea Conner, contributing editor, blinkoncrime.com

Madeline Tanner, copy and contributing editor, blinkoncrime.com

Although I am not licensed in Oregon, I grew up there and was a news reporter for several years in that state, during which time I covered the cops and courts beat. My practice in Washington state deals in family law matters. As such, I can comment as to my knowledge of family law and court proceedings, but my comments are general analysis, not legal advice.

Kaine Horman’s pleadings of October 25, 2010, unleashed a tempest of charges against his wife, claiming she was a raging drunk whose inability to control her anger and her drinking had already caused her to give up custody of one child prior to the disappearance of her stepson on June 4, 2010. Unlike his prior, more tersely-written court filings, Mr. Horman’s words are more personal and angry. They are also contradicted by his prior statements to the court and to the media, and the very documentation he provided as part of his October 25 court papers.

The latest round of pleadings from Mr. Horman seems to fit a far bigger effort by Mr. Horman and Desiree Young to push Ms. Horman to the point where she would be forced to speak in her own defense. Ms. Horman’s own writings within days of Kryon’s disappearance evidence her Achilles heel in that Ms. Horman complained loudly about criticism heaped upon her via the internet.

What followed was a whisper campaign of purported law enforcement leaks about Ms. Horman and people around her that has continually kept her name in the news since June 4, 2010. Mr. Horman’s court filings also evidence an effort to keep Ms. Horman under constant public scrutiny, by filing multiple motions over time that could have been either avoided or filed jointly.

Consider this: Kaine Horman failed to mention in his June 28, 2010, restraining order application that he wanted his wife out of the house and, as a result, on July 1, 2010, filed an amended petition for restraints and asked for an expedited hearing.

“..This omission is an odd oversight, considering that Mr. Horman filed for divorce, took the parties’ child, but failed to ask for the house. Possession of the family home is such a basic issue it would seem impossible for a family law attorney to forget to mention it in a party’s opening paper…” 

Filing a separate motion to seek return of the family home seems like a good strategy for someone seeking to keep the focus on Ms. Horman. It’s new information to the media, whereas the fact that Kryon remained missing and Mr. Horman and Ms. Young’s suspicions about Ms. Horman were yesterday’s headline.

Early on in criminal investigation and prior to the divorce filing, Mr. Horman described his wife in benign terms. As the weeks stretch on, these descriptions became increasingly negative.  Mr. Horman and Ms. Young both stated their objective was to keep the focus on Kyron. In the absence of anything new to report, both parents embarked on a campaign to slowly heap increasing pressure on Ms. Horman to talk.

From the law enforcement perspective, Ms. Horman is a natural suspect, given her relationship to the victim and the fact that she was the last person known to have been seen with him. Except for anonymous leaks and rumors, the only people who have put their names to allegations are Mr. Horman and Kyron’s mother Desiree Young. Both claim their information comes from law enforcement, but both have disagreed at times as to the credibility of the information they shared publicly. Such was the case with Ms. Young’s claim that Kyron was last seen outside the school near a white truck, while Mr. Horman quickly corrected her, saying the information had not been confirmed.

“..Without Ms. Young and Det. Tony Young in the room, Mr. Horman seems to have gone off script and now cannot control his message nor his anger. Mr. Horman angrily complains about horrible things that might have happened in front of Kiara, yet he cannot say what exactly became of Kyron, and whether there is any evidence to suggest Kiara was a witness to this unspecified event…”

In his most recent pleadings, Mr. Horman angrily recounts that Ms. Horman claimed she was going to the gym, but since their separation, he has come to believe that she spent the time talking to people and flirting. The portrait of a social butterfly chatting people up at the gym for hours on end doesn’t quite fit with Mr. Horman’s other claims that she was an angry, depressed new mother who drank her self blotto and could not maintain any sort of civility toward those around her.   

Which is it? Was Ms. Horman a mean drunk who drank herself to sleep, or was she self-absorbed and social, staying up to all hours playing on the Internet while her child sat in the same room unattended and un-engaged? Or was she a social butterfly who spent most of her time outside the home while Mr. Horman was super dad, working long hours from home, caring for the children, and providing an income that he never could enjoy because Ms. Horman was spending it all? The claims are so disjointed, it is as though Mr. Horman decided to throw spaghetti at the wall, just to see what might stick.

Mr. Horman’s over-reaching was fore shadowed in an earlier motion filed on July 12, 2010, alleging Ms. Horman had violated the courts seal on the restraining order. The pleadings in the contempt matter went well beyond Mr. Horman’s claim that Ms. Horman allegedly disclosed confidential court papers to Michael Cook.   

Mr. Horman asserted that Ms. Horman was involved with a sexual relationship with Mr. Cook and had sent him hundreds of text messages, most of which were sexual in nature (AKA “sexting”). These text messages allegedly included images of “graphic sexual activity,” though no such photos have been filed with the court.

“..Mr. Horman accused Ms. Horman of lacking any genuine affection for Kyron or Kiara saying that although her texts said she missed both children, the mentions were few. The implication of the narrative was that Ms. Horman could not possibly care about either child…”

Except for the specific passage alleging Ms. Horman shared a confidential document with Mr. Cook, none of the other allegations had anything to do with the underlying motion. None of these claims addressed the issue of whether Ms. Horman violated the court order, nor do they indicate any involvement by Ms. Horman in Kyron’s disappearance.

Mr. Horman went on to claim that an unnamed member or members of law enforcement “informed” him that the sexualized text messages “resemble” text messages sent to the “the man Respondent [Ms. Horman] previously attempted to hire to murder Petitioner [Mr. Horman].” Mr. Horman claimed in the same July 1 2court papers that Ms. Horman had asked Mr. Cook to lie to her attorney about “the fact that she had gone to Mr. Cook’s home.”

One news outlet found Mr. Horman’s pleadings so lurid it titled the document “sleazy.pdf” before posting it to its website.

On October 25, 2010, Mr. Horman finally filed the aforementioned text messages with the court, as an exhibit attached to his response to Ms. Horman’s parenting time request. A review of these document reveals that Ms. Horman never asked Mr. Cook to lie, nor did she speak of Kyron and Kiara in dismissive tones. Although most of the texts showed varying degrees of sexual discussion, there were also several texts that had nothing to do with Ms. Horman’s romantic attachments. Ms. Horman discussed cooking, eating “nutterbutter bites,” weight lifting, and their respective children.

..”Ms. Horman told Mr. Cook, “I was really upset that Kaine has Kitty but doesn’t know what her favorite toy or blanket is.”

-Terri Horman

A parent who does not care about her daughter would not waste a single moment worrying about her child having her favorite toy or blanket. The allegation that Mr. Horman did not know such basic information about his daughter provides motive for Mr. Horman to attempt to discredit Ms. Horman’s words as insincere. Otherwise, Ms. Horman’s words are truthful and reflect her historical relationship as primary care giver to both children.

On July 28, 2010, Mr. Horman filed yet another motion demanding Ms. Horman reveal the source of funds used to pay her lawyer. It was as though Mr. Horman was asking how Ms. Horman could have ever come up with that kind of money, given her status as a social pariah?

The problem with Mr. Horman’s strategy of piecemeal litigation it does not serve the purpose of expediting litigation. Instead, it creates a lot of embarrassment and harassment for Ms. Horman.

Oregon is a no-fault divorce state. This means that either party can ask for a divorce without having to prove any wrongdoing. Oregon is also an “equitable distribution” state which means that the court divides property equitably between the parties. Issues like infidelity and rude behavior are not factors in whether a party is entitled to divorce, or in dividing up the parties assets.

Mr. Horman raises several issues about Ms. Horman’s alleged conduct citing them as as basis to award sole custody and care of Kiara. The allegations are such that it becomes difficult for Ms. Horman to leave any responses up to her lawyer, who would not have personal knowledge required to speak to the many issues he raises.

Ultimately, the court will consider the allegations made by each party, weigh the credibility and relevance of each claim as to parenting issues then enter a temporary order as to the care and custody of the child.

Mr. Horman claims in his October 25 filings that Ms. Horman has a five year history of alcohol impairment. In his statement to the court, Mr. Horman claimed that his wife “could have an un diagnosed personality disorder or some type of emotional disturbance.”    

The most recent claims by Mr. Horman are contradicted by his prior assertions in media interviews, and the actual chronology of the Hormans’ relationship.

Mr. Horman met Ms. Horman in the spring of 2002. According to Mr. Horman, the couple moved in together in December 2002. The couple was living together when Ms. Horman was cited for DUI on July 10, 2005. Two years later, the couple moved to their home on NW Sheltered Nook Road in January 2007.

Despite the DUI, Mr. Horman nonetheless went on to marry Ms. Horman on April 15, 2007. Ms. Horman gave birth to Kiara on November 12, 2008.

In a prior interview with KGW, Mr. Horman called Ms. Horman “a good person when we first met and for several years (I’d say up until 2008). She was always about children (teaching) and helping them grow and develop. Her attitude was always about those types of things first, her own self not even being a priority close to that. I believe that this is the Terri that everyone else saw and got to know as I did. Honestly everyone, including myself, that knew her or knows her did not see this coming. She was not the type of person we are seeing right now.”

Mr. Horman told KGW that he was blindsided by Kyron’s disappearance: “There were some signs of emotional distress here and there over the past year and a half but not enough of that directed at any one person to conclude she would be capable of anything even remotely close to events of the severity we have all seen. She recently got her teaching license re-instated and has been applying for teaching positions so even the state of Oregon didn’t see this coming.”

The person described in Mr. Horman’s October 25 court papers is not someone who could be described as hidden danger. If believed, Mr. Horman’s most recent statement outline a terrifying picture of a five-year pattern of child abuse and endangerment. Mr. Horman could not possibly be telling the truth in both of his  interview with KGW and in his more recent court papers.

Also in the October 25 filing, Mr. Horman claims that he has always been the primary care giver to both Kiara and Kyron and describes Ms. Horman as frequently absent from their home, apparently leaving him with both children.

In a July 28, 2010, Oregonian article, Mr. Horman claimed Kiara was a much different child now that Ms. Horman was gone. He claimed Kiara did not ask about her mom. “‘She’s a new kid,’ he said. ‘She’s whole new kid now.’”

In a separate article, Mr. Horman discussed Ms. Horman’s excessive involvement in Kyron’s schooling and adamant enforcement of discipline. “He [Mr. Horman] said when Kyron brought home anything but a green card [indicating good behavior at school] she [Ms. Horman] wanted Kaine to discipline him by grounding him to his room for the evening.”

Mr. Horman also asserts in his October 25 court papers that Ms. Horman would put Kiara in the gym day care for “hours at a time,” and further claimed that Ms. Horman “spent more time on the computer than caring for the children.” If Mr. Horman was home and providing primary care for the children, then how would Kiara have ended up in day care for “hours at at time”? How would the children have remained unattended while Ms. Horman was updating her Facebook page?

Mr. Horman’s other narrative seems to indicate that Mr. Horman was not present in the home during the day, leaving Ms. Horman to care for the children. It also contradicts Mr. Horman’s escalating accusations that Ms. Horman was absent from the home, uninvolved, and not involved with the care of Kyron and Kiara.

Mr. Horman also claims in his pleadings that Ms. Horman’s son James lived with them until Feb 5, 2010, when he moved because Ms. Horman “was unable to interact with James on a healthy level and had him move to her parents’ home in Roseburg.” 

Mr. Horman also claimed he was unaware of any landscaper, a detail which contradicts his most recent work-from-home story: “No, I did not know we had a landscaper and have never met him.”  If he was at home, surely he would have known about a landscaper.

On July 8, 2010, Mr. Horman told the Oregonian that Ms. Horman began having problems with postpartum depression in November 2008.

“‘I thought the marriage was doing pretty well,’ Kaine Horman said during a one-on-one interview with The Oregonian, ‘until we had our daughter, Kiara.’ Horman said he thought his marriage to Terri Moulton Horman fractured within six months after she gave birth in November 2008, the result of postpartum depression.Terri Horman was put on medication for the depression, and her doctor told Kaine to keep an eye on her to make sure she was OK, he said. But she wasn’t OK.

If Mr. Horman thought Ms. Horman was a chronic danger to her children and Mr. Horman’s son,why did he not mention it prior to October 25, 2010? Could it be that Mr. Horman’s entire series of pleadings are designed to push Ms. Horman with ever-increasing allegations to the point where she has no choice but to respond?

There are other clues that Mr. Horman’s latest version of events is not entirely accurate. According to more recent news stories, James is again living with his mother. Strange, considering Mr. Horman’s claims that James changed high schools mid-semester and moved hundreds of miles because of Ms. Horman’s behavior.

There are also hints concerning law enforcement’s interest in the Horman dissolution. A June 6, 2010, letter from Norm W. Frink, chief deputy district attorney for Multnomah County, rescinded his statement that un sealing the restraining order would undermine the “ongoing criminal investigation.”  If Ms. Horman was the target of the investigation, what purpose would be served by sealing court documents that were to be served upon Ms. Horman? The only other person identified in the pleadings was an unnamed landscaper alleged to have been contacted by Ms. Horman.

As we now know, the landscaper was involved in what has been characterized as a botched sting operation against Ms. Horman. As such, the only person protected by the the seal was Ms. Horman to the extent that the seal prevented the allegations from being disseminated publicly. Or could it be that law enforcement was concerned about accuracy of the information provided by the landscaper?

Law enforcement conducted its sting operation over open channels that were accessible to anyone listening on police channels. Was this an oversight, or was it a convenient way to ensure the information was released “unintentionally”?

If there was any blame for promoting a bogus murder for hire plot, law enforcement could point to Ms. Horman as bringing upon her own misery. She chose to disclose the documents, and as a result, the information was disseminated because of her actions in violating a court order, not law enforcement’s efforts to run out a possible lead, even if later proven false.

We don’t know what role Michael Cook played in the disclosure of the now-public restraining order. The texts between he and Ms. Horman seems to indicate Mr. Cook was not so much interested in sexual banter as much as he was in gathering information for Mr. Horman 

The roles of Mr. Cook and the landscaper are highly relevant to evidentiary issues. If the landscaper was a confidential informant, the information he reported that was used as basis for the restraining order could not then be considered an admission against interest. Same thing applies to Mr. Cook.

Mr. Cook in particular seems not to be acting out of concern for Kyron. Who the hell smirks at a vigil for a missing child?)

The sexting is weird, but it is hardly ground breaking. The courts have heard such allegations many times before, and without a doubt, the court has seen far worse. That is not to see the court is going to like the texts. Rather, the judge here is going to look at the pleadings with a critical eye for issues that affect parenting time.

Mr. Horman does not offer any evidence that Ms. Horman ever sexted when she should have been parenting. To the contrary Ms. Horman’s lawyers can point to Mr. Horman’s other statements as evidence that Ms. Horman was the primary care giver for James, Kyron, and Kiara. Her extensive collection of family photographs  on her Facebook page support this assertion.

Mr. Horman cannot credibly claim that Ms. Horman was a threat to the children, considering that he often left the kids in her care. Mr. Horman did not have any concerns about Ms. Horman’s sobriety and fitness to care for the children the morning Kryon disappeared from school, as he left Kiara in her care and allowed her to take Kyron to school.

If she was a drunk and mean spirited, would Mr. Horman have have allowed Ms. Horman to have access to Kyron’s school records, and to become involved in his discipline? Ms. Horman was a step parent to Kyron. She had no rights except to that which Mr. Horman granted in signed consent forms required by Kyron’s school.

The text messages are racy, but they do not indicate any homicidal tendencies or ill will toward anyone. Nothing in the texts is homicidal by any stretch. 

Mr. Horman’s source for his allegations poses a huge problem here. He cites to “law enforcement” as telling him Ms. Horman tried to hire a hit-man, and as to other issues. Not one of these allegations is admissible under any exception to hearsay. The fact that Mr. Horman does not identify the source is a problem in itself. This information might as well be graffiti on the wall of the public bathroom at the Multnomah County Sheriff’s Office.

Were Mr. Horman to say that he read an allegation on the a bathroom wall at the MCSO would at least give it some sort of context that would suggest credibility. Mr. Horman’s vague claim makes it impossible to identify which law enforcement office among thousands in the United States might have conveyed such information. Without further identification, the reader cannot tell if the “source” was in a position to have any such knowledge in the first place.

The hearsay allegations offered by Mr. Horman allege child abuse and domestic violence. Under the Confrontation Clause, Ms. Horman has a right to confront her accusers. Ms. Horman does not need to speak in order for her lawyers to cross examine the sources of these allegations.

“..Mr. Horman claims that judges believe there is sufficient information to implicate Ms. Horman in Kyron’s disappearance. This begs the question: How is it that Mr. Horman is getting this information?”

It seems likely that Mr. Horman is referring to search warrants, which require reliable information that the item sought can be found at that location. If Mr. Horman was in fact referring to search warrants, it would be very interesting to find out who provided the information for the searches and what exactly was law enforcement looking for?

If Mr. Horman was the informant, it raises questions as to motive because Mr. Horman wants custody of Kiara. If the landscaper was the affiant, his personal motive for revenge becomes an issue, if it true that Ms. Horman had law enforcement go to his house and expose his extramarital affair in front of his family.

What law enforcement was seeking matters. Ms. Horman’s specialty was in teaching children with learning disabilities. She would have had access to confidential psychological testing, mental health records, medical documents, and possibly, CPS records, none of which could be disclosed except by parent authorization, or pursuant to subpoena or search warrant. Even though she had not worked in that area for some time, she may still have had such records in her home or on her laptop.

If Ms. Horman had such documents or data on her laptop or among her personal papers, she could not turn it over except by subpoena. As such, the mere presence of a search warrant does not mean Ms. Horman is guilty of anything.

..”Mr. Horman’s threat to conduct extensive depositions seems a clear warning to Ms. Horman that he intends to call Ms. Horman’s friends to deposition, put them under oath, and ask them questions. Lots of questions. If Mr. Horman’s pleadings are any sort of a hint, he is not going to make people feel good about befriending Ms. Horman…”

Peter Bunch’s statements at the prior court hearing referencing a December 26 call to 9-1-1 also suggests that maybe something happened the day after Christmas 2009. The implication is that Mr. Bunch intends to discuss that December 26 9-1-1 call in more detail. Don’t expect Mr. Horman to like any of it.

Discovery procedures allow Mr. Horman to get at any information reasonably calculated to lead to discovery of admissible evidence. This does not mean the information specifically sought must be admissible, only that it could reasonably lead to evidence that would be admissible. By that definition, Mr, Horman could justify deposing a great many people in Ms. Horman’s life.

Peter Bunch’s statements at the prior court hearing referencing a December 26 call to 9-1-1 also suggests that maybe something happened the day after Christmas 2009.

Clearly, each of these people has reason to avoid going back to court.

The most confusing aspect of this case is the fact that the restraining order and dissolution were consolidated months ago. Ms. Horman’s attorney notes this in his July 12, 2010, letter to the court. 

Given that there is an abatement order in place, how is it that Ms. Horman can go forward with her request for parenting time under the restraining order matter? You would think that Ms. Rackner would have noted this information to the court. But she didn’t. Yet another strange footnote in a even stranger case.

Law enforcement likes to push the weakest link. Ms. Horman seems to be that link. What information does law enforcement hope to gain? Who is law enforcement’s ultimate target?

..”If not Ms. Horman exclusively, or Ms. Horman in any capacity, then who exactly does law enforcement hope to catch by pushing Ms. Horman until she finally breaks?”

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Kaine’s estranged wife Terri Horman, arrived with her criminal defense attorney; Stephen Houze and her family law attorney Peter Bunch.

Mr. Horman appeared in a crisp-white dress shirt and tie, and Ms. Moulton-Horman wore an eggplant hued suit with a long skirt.

Cameras were banned in the downtown Multnomah County courtroom; however, there were apparently several hidden “nests” as the tweets were flying real-time.

Peter Bunch, counsel to Terri Horman, is adamant his client is the subject of more than one criminal investigation:

“The state has the ability to obtain every single bit of information that is produced in this case and that is outside the bounds of what it could do were this proceeding not occurring,” Bunch said in court.

“It is fundamentally unfair for Kitty (Kiara) and for Miss Horman for me to be hamstrung in the divorce case for the information I have compared to what they have.” “The publicity that’s going on is not being driven by Ms. Horman, it’s being driven by Mr. Horman, when he tells national media there’s no doubt Ms. Horman is involved.” “If Mr. Horman is really interested in what‘s best for the child, then Mr. Horman wouldn’t object to any visitation by this child’s mother.” “We’ll concede, Mr. Horman can have the house, right now. Mrs. Horman is going to lose money…”

Terri Horman has not been declared a suspect in either Kyron Horman’s disappearance or the alleged murder for hire plot against Kaine Horman. She is however, seeking access to all of her 911 calls dating back to the DAY AFTER CHRISTMAS.

While this timeline coincides with accusations by Kaine Horman in his filings that Terri attempted to arrange to have him murdered, this is the first public revelation of that call. Bunch went on to say that Rackner and Kaine Horman, who are parties to case sensitive criminal investigation materials involving Terri, are at a supreme advantage to his client who should only be expected to plead her protections under the 5th amendment as a result.

After heated debate by those sides, we learned: Rudy Sanchez, the infamous landscaper/hitman for hire, has an alias, and has eluded service in the civil matter to date, although he appears to have cooperated. Bunch proclaims Sanchez is unlocatable as a result of MCSO unwillingness to share discovery of a witness in the civil case ( blink holds hands over eyes).

Michael Cook, a/k/a sexter king, waited all afternoon via subpoena by Rackner, but was only interviewed by the press. He states he cut ties with both Terri and Kaine days before he was outed for invasive scapular intrusions. No word on that healing process.

Terri Horman had her own personal black Friday this year.

She called 911 THE DAY AFTER CHRISTMAS. Regular contributors and readers of blinkoncrime.com doubt she had sale flyer questions.

Judge Keith Meisenheimer, was sensitive to Kaine and Kyron’s ‘round the clock nightmare, but feels some time may allow things to shake out. January 6, 2011 to be exact.

Following this afternoon’s legal melee, blinkoncrime.com Editor In Chief asked prominent Washington State Family Law Attorney, Lea Conner, to weigh in:

Although I preface my comments with the fact that I practice family law in Washington State and not in Oregon, I am an Oregon native that has followed this case closely.

I’m a bit perplexed by Peter Bunch’s reasoning that if the court were to abate the dissolution, he would respond by filing a motion to modify the restraining order so that Terri Horman could have visitation with the parties’ daughter. Essentially, Mr. Bunch is arguing that the abatement would prejudice his client’s ability to parent her child. My understanding of the Multnomah County local rules is that an abatement means that the entire case is halted. Neither party can bring a motion before the court, nor can the court hear argument or make any ruling on motions.

It was also interesting to hear Mr. Bunch argue that proceeding with the divorce would violate Ms. Horman’s right against self-incrimination in the disappearance of her stepson. This is the first time that Terri Horman has publicly acknowledged any self-incrimination issues. In her motion for abatement, Ms. Horman, through counsel, argued that the ongoing investigation into Kyron Horman’s disappearance had made it “virtually impossible…to proceed with divorce-related issues in an effective an[d] orderly fashion[.]” Were Mr. Bunch to bring a motion to allow visitation, Mr. Horman would no doubt argue that Ms. Horman’s actions demonstrate that Ms Horman or someone she knew was responsible for Kyron Horman’s disappearance, and that her behavior since Kyron’s disappearance shows that she is unstable and poses a threat to their daughter’s safety.

I do not believe Mr. Horman would raise Ms. Horman’s 2005 convictions for DUI and reckless endangerment, as not only later chose to have a child with Ms. Horman since that time, he also left both of his children in her care for extended periods while he was at work. Under those facts, it would be hard to conclude that Mr. Horman believed Ms. Horman posed a threat to their daughter. The judge’s comment that “[e]ventually, Terri will have to decide whether or not to plead the fifth, regardless of the timing of the proceedings,” seems to indicate that the judge may not be willing to hold the action in abatement past the January 6, 2011, hearing.

I’m also interested in Mr. Bunch’s comment that “Rudy Sanchez” is an alias. If that’s true, then what is Rudy Sanchez’ real name, and how exactly did he first come in contact with Terri Horman?

It was also strange to learn that Michael Cook was subpoenaed to testify at the hearing. I’m curious if there were others scheduled to testify as well. I cannot speak to how the Oregon court operates in practice. However, I note that each party provided written affidavits in support of their respective motions.

Is there some reason that Mr. Cook’s statement could only be presented in oral testimony?

I’m not sure I understand Mr. Bunch’s logic in saying “If this is not abated we will not get reciprocal discovery.”

The state is not a party to a dissolution action. In a dissolution action, the parties can seek discovery from each other, and depending on the court rules, from third parties as well.

I’m not sure why Mr. Bunch would have the impression that there would be reciprocal discovery with a third party in a dissolution action, especially when that third party is law enforcement.

There’s a disconnect between Mr. Bunch’s argument that Ms. Horman cannot defend herself because she would incriminate herself in the disappearance of her stepson, and his statement that “If Mr. Horman is really interested in what‘s best for the child, then Mr. Horman wouldn’t object to any visitation by this child’s mother.”

The apparent logic is that Ms. Horman admits that if she speaks, she will incriminate herself in some as-yet-to-be-named crime related to Kyron’s disappearance, yet Mr. Horman is now supposed to trust her to care for his other child, because that’s so obviously in their daughter’s best interest.

Check back to blinkoncrime.com for updates.

Madeline Tanner, contributor and copy editor, www.blinkoncrime.com

Lea Connor, Esq., legal analyst, www.blinkoncrime.com

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