Kyron Horman Exclusive Report: New Suspect And Botched Investigation Rumors Abound- Terri Horman Prepares To Fight For Couples Daughter Following Seclusion

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.

Click Here To Listen To Podcast

 

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.

Bagel Finagle

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.

Record Scratch.

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 outcome?

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.

(more…)




Missing NC Woman Holly Fischer ( UPDATE BODY FOUND): Pending Divorce From Ali Girit Upset Her- Tennesse Police Ask For Public Help

Holly Christine Fischer, 39, has been missing since Monday May 27th.  (UPDATE: THE BODY OF HOLLY FISCHER HAS BEEN LOCATED NEAR HER CAR, WHICH WENT OVER A CLIFF OFF OF 16 IN NC)

Courtesy Holly Fischer

She has not been seen nor heard from since leaving her parents’ home in Knoxville, TN according to a missing persons report filed by her Father Ted.

Ted Fischer described his daughter as “upset” when she left the home Memorial Day- over her pending divorce from estranged husband Ali Ozan Girit. Fischer states that he spoke to Girit and inquired as to his daughter’s whereabouts but Girit proclaimed he has not seen Holly since she left Tennessee.

Holly Fischer, a graduate of The University of North Carolina at Chapel Hill and Parsons School of Design was a regional sales manager for Discovery Communications through last year.

She has worked in the fashion and design industry for brands like Club Monaco and DKNY.

Girit, a competitive bodybuilder and training manger of LA Fitness according to his linked in profile, signed over a deed to the couples Huntersville home in January of this year. Girit is a former resident of Weehawken, NJ and worked security in New York City in 2009.

Holly Fischer left her parents’ home in Knox County on Monday May 27th and friend Liz Stafford Ajello called the Fischer’s when Holly had not arrived by Wednesday. Ms. Ajello went as far as to suggest foul play is involved in Holly’s disappearance.   Police are focusing their efforts on the area approximately 100 miles  away based on pings from Fischers phone in Ashe and Wilkes counties.

Coward said Fischer’s father told authorities his daughter was upset about her upcoming divorce.

“Her parents seem to think she might have decided to go to Ashe County, to collect herself,” said Liz Stafford, who said she has been a friend of Fischer’s for more than 20 years, dating back to their days as students at Charlotte Latin School.

Read more here: http://www.charlotteobserver.com/2013/05/31/4077514/search-continues-for-missing-charlotte.html#storylink=cpy

Holly is believed to be driving her vehicle- a  UPDATE: DARK GRAY*  2004 Infinity FX 35 and was last seen in Newport wearing a white blouse, denim shorts and sandals. She is blonde with brown eyes, approximately 5’10” and 140 lbs.
Her license plate is registered in North Carolina DMV and is XYH6678. The Vehicle Identification Number (VIN) is JNRAS08W64X203396
Anyone that may have seen her or her vehicle is asked to contact  911

 

*There is scratches on the driver side mirror and and along the front fender.  For the auto and auto salvage/impound community the actual factory color is Beryllium 16.

Jodi Arias Trial Verdict IS IN: GUILTY Of MURDER In The Slaying Of Travis Alexander

 

 

Image courtesy Arias

Image courtesy Arias

Phoenix, AZ-  In the 4 month long trial of Jodi Ann Arias for the murder of her brief boyfriend Travis Victor Alexander, the jury deliberating since last Friday has arrived at a verdict in her case.   Arias was found guilty of the pre-meditated murder of  Travis Alexander on June 4th, 2008.

 

 

 

BREAKING NEWS: Missing Cleveland Teens Amanda Berry, Gina DeJesus And Michelle Knight Found Alive After 10 Years With Their Children- Suspect Ariel Castro and Brothers In Custody

Posted by Christina Stoy | Amanda Berry,Ariel Castro,Charles Ramsey,Gina DeJesus,Michelle Knight | Monday 6 May 2013 7:54 pm

 

Cleveland, OH Missing since 2003 ns 2004 respectively - Amanda Berry and Gina DeJesus were found alive this afternoon.   A suspect who has not been identified is said to be interviewing with police.

 

This is a breaking news story, please check back for updates

 

Jodi Arias Trial Verdict Watch: Plea To Jury Deciding Arias Fate- Hang Before Manslaughter If You Must

…” Something happens to ordinary citizens when they get into the jury box.  All of them become defenders of the Constitution. Every single time.  Very difficult…”

-Roy Hazelwood, Former FBI Behavior Analysis Unit Section Chief R current co-founder The Academy Group.

 Travis shaving shower door open to right

 

Hanged v Hung 

The death by hanging option is not a consideration in the event that the Jury in the Jodi Arias trial finds her guilty of murder in the first degree, or felony murder.   The jury cannot “hang” Jodi Arias.

However, they can hang themselves.  I am not referring to what they must have felt like to sit through four months of testimony in the heinous butchering trial in the murder of Travis Alexander.  No doubt 18 days on the stand – the poster child of the girl your mom told you about that guys will f*ck but not marry, Arias’s own words and convenient selective “fugue” state should be considered cruel and unusual for regular folk doing their civic duty.

I could not end my pre-verdict coverage without an editorial that lapses into first and third person.

 

Hung can be a good word.  Some examples:

  1. Relating to a portion of male anatomy for those not buying of the indifference to size
  2. He hung my new Mom’s Day necklace around my neck and it is super-sparkly.
  3. I hung my child’s first abstract-impressionist masterpiece on the wall in my office.
  4. We hung the ribbons for first place on the mantle.
  5. When the jurors in the Aries trial could not reach a unanimous decision on the first degree premeditated-murder and felony charges Judge Sherry Stephens announced the jury had hung and declared a mistrial.

Consider the alternatives before hurling the maters my way, if you will.

The fact that the judge ordered a manslaughter or “heat of passion” instruction at the last minute should be telling that there is great concern that the state has not offered the slam dunk serve-up for these triers of fact.

The trial started with the State disputing its own theory of the sequence of events between the Medical Examiner and the lead detective.  It is followed by evidence that disputes the contention the victim was immediately incapacitated by having him standing over the sink after injury.   Waa?

Hell, let’s just say it. There are 2 separate and distinct areas of a clear and unambiguous attack closely resembling a slaughter house with a substantial absence of blood in others.

Not to mention a picture of a severely wounded but not yet with a fatal neck slit injury of Travis one minute and two seconds later.

One minute and two seconds.   Two hundred pound prime-fitness Travis and 115 lb. Jodi in a battle for life and limb and the State says she stabs him FATALLY first in the chest.    Again, this contradicts the ME testimony.   Travis Alexander was shot first, period.  Whether or not that will make a difference to this jury I have no idea.

Considering this fatal wound was to his chest and NONE of the wounds to his back were even life threatening and clearly inflicted upon an individual who was not in motion- this makes zero sense.  The whole macabre mess goes down in one minute and two seconds if the pictures are to be believed.

One minute and two seconds.

Whether someone believes Arias is guilty or not, as the state presented their alleged version of events, it is unlikely that all jurors are going to be able to conclude that the timestamps on the pictures and the state’s versions of events can both be true.

As an example- to my knowledge, socks do not leave what is called a footwear impression.  There is clearly a “footwear impression on the bathroom floor in blood.  There was a pair of Travis’s gray socks in the washer.  They are the same color as the ones seen what appears to be over a shoe in one of the pictures in evidence.   Doesn’t that mean she was there long enough to do 2 loads of wash?  Possibly.

There are more unexplained incongruences in the State’s case than there are journal entries of this defendant.   It gives me great pause.  Juan Martinez’s closing argument stated theory that is medically unsupported in this case and overall.  Pause layering.

In a murder case with more forensic evidence than any one of the eight seasons of Criminal Minds has featured in a one hour episode, it is unsettling to see how much of it presumably not tested nor introduced as evidence was.

I have never seen juror questions in a capital case following re-direct before but I paid very close attention.  There were many prospective deliberating jurors asking what I would consider questions indicative of folks with forensic knowledge.

 

… “How Do I love thee, let me count the lies…”  Juan Martinez

Juan Martinez alleged that Arias deleted only pictures that implicated her, however, Michael Melendez testified there were roughly 90 pictures remaining on the camera that WERE NEVER introduced into evidence.   It was a juror who asked that question among others regarding the highly prejudicial and for my taste, unverified camera card evidence.   This jury is paying attention to the details.

Which means they are paying attention to the painfully few details offered as well.

Add in the very embarrassing and contradictory testimony of Dr. Horn who while he “sees dead people” apparently is not so big on the reporting of same.   We now we have a prosecution relying almost entirely on the testimony of the medical examiner to support its theory and he shows up in rebuttal with a 3rd version of errors he calls a typo.   Not helpful when the “immediately incapacitated “and non-ambulatory terms were used to discount a struggle between Travis and Jodi.

Dr. Horn may not know it yet but his testimony was downloaded to viral status by every reputable law school or criminal justice professor following the trial.   Not in a good way when the syllabus header is “What Your Witness Can Never do.” (more…)

Jodi Arias Trial Rebuttal Winds Down: Fog, Fugue, Freed or Fraud- Are The Sex Pics From Months Before Travis Alexander’s Murder? Do They Show Arias Broke In?

Special Appearance Announcement: S. Christina Stoy, Editor In Chief,  www.blinkoncrime.com,  investigative journalist and criminal analyst will be a guest on this evenings THE DANA PRETZER SHOW- Host Dana Pretzer, discussing the Arias case LIVE.  Click Here To Listen To The Podcast

  ...” Why does most human violence occur between those who are emotionally involved, or more technically, within an attachment paradigm?

Dr. J. Reid Meloy from Violent Attachments

bullet casing grey thing

Phoenix,  AZ- Arguably the best psychological witness presented at trial, Dr. Janeen DeMarte, clinical psychologist, took the stand last week as the first witness in the State of Arizona’s rebuttal case in the trial of Jodi Arias for the murder of Travis Alexander.

In stark contrast to her previous behavior in court, Jodi Arias refused to look at Dr. DeMarte on the stand, and feverishly took notes or whispered to her attorney Jennifer Wilmott through the State’s direct examination of their witness.

With one exception.  When Dr. DeMarte was asked by Prosecutor Juan Martinez if Jodi Arias was a victim of domestic violence resulting in battered woman syndrome,  Ms. Arias looked up for DeMarte’s answer.  “No.”

After a battery of psychological tests were completed and scored, and approximately  12 hours of clinical interview with defendant Arias- Dr. DeMarte diagnosed Jodi Arias with Borderline Personality Disorder.  Dr. DeMarte had the added luxury of having her home vandalized and her laptop stolen following the start of the trial.  That information was not shared in open court.

Significant from a psychological evaluation perspective, Jodi Arias’ expert witnesses Alyce LaViolette and Dr. Samuels felt Arias was suffering from post-traumatic stress disorder (PTSD) as a result of the killing of Travis Alexander on June 4, 2008 at his home in Mesa, Arizona.  Only Samuels was licensed to test Arias similarly to DeMarte, and it appears the results were very different.   Samuels testified that he never re-tested Arias after he learned her accounts of June 4 were fabrications and that was an error on his part in his finding Arias suffered from PTSD.

Cross examination of Dr. DeMarte induced a migraine headache suffered by Arias (her 3rd since trial) although she is taking Imitrex for the condition.   Earlier in the day, Wilmott began her cross by repeatedly stating that DeMarte was practicing therapy without a license prior to her licensing exam, to which DeMarte responded “That is not correct, it is permitted under the supervision of a licensed psychologist, which I was.”

Wilmott went on to question DeMarte’s credentials specifically related to expertise in domestic violence and her current knowledge of the practices of Dr. Lenore Walker- largely considered the pioneer of domestic violence research and testing.  Walker’s work is novel within the psychological community in the area of the battered woman syndrome diagnosis.

Wilmott unsuccessfully tried to trip up DeMarte by suggesting that Walker no longer uses her own 6 point scale to include the possibility of battered woman syndrome to which DeMarte replied, “I would say that you are being inaccurate.”

DeMarte completed her testimony with very limited juror questions, although it was clear that a juror or two was not sold that Arias’ only disorder is BPD.

While DeMarte represented the State well in my opinion; Jodi Arias remains the round peg in the jello rhomboid to me.  Too many unanswered behavioral observations from a criminal profiling perspective to fit into the BPD mold.

Prior to the start of the State’s rebuttal case, defense counsel Kirk Nurmi recalled a witness for the defense who never made it into the witness list for trial, Mr. Bryan Neumiester.

In previous hearings where Neumiester appeared as an expert for the defense in the authentication of the May 10, 2008 phone sex recording made by Arias, the State agreed to a stipulation that it was indeed Travis Alexander’s voice on the tape, and that it was made on May 10.

In earlier testimony Juan Martinez elicited from Jodi Arias, Martinez accused her of recording the tape without Alexander’s permission or knowledge.  Arias was forced to admit that at no time is the fact that the conversation is being recorded heard mentioned by either party during the recording.  More on that recording in a bit.

Neumiester was able to magnify the very haunting last image of a live Travis Alexander’s face in the shower, specifically his iris, and gain agreement via stipulation that the reflective image contained therein is that of Jodi Arias.  She was not holding a gun or knife and the image was time-stamped correctly.

This was the second time Juan Martinez agreed to a stipulation from the same expert witness regarding the recorded media, both digital and audio in this case- outside the presence of the jury.

Mr. Neumiester is an expert witness for colleagues in Mr. Martinez’s own office as well as the Mesa Police Department.  Might suggest offsite meetings going forward.

The final witness listed for the State’s rebuttal case is an investigator for the Mesa County Police who specializes in computer forensics, Detective Robert Brown.    Detective Brown describes himself as a Computer Forensics Detective:

As a Digital Forensics expert, I possess attention to detail in my forensic capability, as well as the ability to explain complex technical concepts in a non-technical manner.

In the course of my regular duties, I also perform the following:

-Support ongoing internal investigations and litigation matters
-Utilize a variety of forensic tools (Encase, FTK, Helix, Cellebrite, Wireshark, etc.)
-Perform storage forensics (for example, hard drives, phones, USB storage)
-Perform network captures for traffic analysis
-File-system analysis and file carving (for example, to extract email, documents, and other trace evidence)
-Identifying , collection and analyzing electronic information, relevant to a case, incident or event of interest
-Establish timelines and patterns of activity of individuals and electronic devices and software
-Following forensically sound practices, including preserving chain of custody
-Efficiently and effectively report progress, risks and issues associated with assignments to varying levels of management

 

Following sound practices including preservation of chain of custody is looking like a welcome addition to this case.

In testimony from Detective Michael Melendez where the images allegedly taken by Travis’s camera were recovered from the deleted or unallocated portions of the memory stick via Encase software we learned that the infamous afternoon of highly graphic sex images of both Travis and Jodi that were dated and time-stamped on June 4th took place that afternoon prior to Travis’s murder.

Thus, making Jodi Arias an invited guest.

As an invited guest spending the day indelicato delicto, it certainly makes it difficult to prove the felony murder charge she is facing- and does not help the pre-meditation or murder in the first degree allegation because the basic motive is that Jodi went there to murder Travis because he was not going to take her to Cancun.   While certainly a possibility, I would offer that just about every psychological professional who sat across from Arias missed the fact that she literally saw her old boyfriends more than once along her trek that ended up with her last breakup.  Weird, yes.

Otherwise known as a raging sign of dependent personality disorder.

…” You are the worst thing that has ever happened to me…”

-Travis Alexander

 According to the text messages back and forth between Jodi and Travis the weeks prior to his murder, it was patently clear that Alexander wanted Arias out of his life for good.

Has what the state since learned after having Jodi on the stand under oath and repeated in cross examination opened the door to further investigation of the electronic media in this case in preparation for rebuttal?  Looks that way.

Keeping in mind that the phone sex recording was May 10th.  About a week later, Arias testified, she thought the phone was stolen.  She alleges it was found by her Aunt in 2010 in her grandfather’s car.  This would be the same aunt that she pointed out in court, and who has not been seen in court in weeks although she had attended daily.

Arias writes in her journal entry May 22, 2008 that there are several explicit photos on her stolen phone, and 2 recorded sex tapes.   In 2010, Arias though her attorneys, deliver this phone into evidence with no chain of custody information in a then 2 year old case.   Miraculously, this occurs just as Arias is moving from the “maybe not the ninja’s” defense.  From the defense perspective it has some statements from Alexander on it that they feel support’s their defense.  From the State’s perspective it proves that Arias was certainly very open to the sexual practices of the couple and never felt abused, nor was she put off by the comments by Alexander.

A win-win for both sides so why not agree to its stipulation, right?

Is this why Juan Martinez was hammering home the journal entry written about the “fruitful imaginations” the two explored, causing Arias to miss Lonnie’s christening?

The infamous sugar fest that takes place just before Arias allegedly walks in on Alexander in masturbatory behavior where some image of a boy lands at her feet on January 21st?  I note that one of the pictures allegedly from the June 4th date seems to show Alexander engaged in some self-satisfaction that ended with a surprise photo taken from the point of view of the chair next to him.

You’ll see where I am going with this momentarily. (more…)

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