Vigils for Kyron

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There is a reader comment saying that by delaying the divorce proceedings Terri prevents Kaine from testifying against herself because they're still married.

Is this true? Can't a spouse testify even if they want to, and even if it's a crime against a child? That's not what I thought but I could be wrong.
 
When a child is involved there is no spousal privilege. Kaine can testify against Terri in the matter of Kyron being missing.
 
That is true. There are two parts: Marital Confidences Privilege, and the Spousal Testimonial Privilege.

Marital Confidences Privilege is only for things married people may have said to one another, not things they have done. It applies to "confidential communications" and is only for things said to one another with no third party present. Both parties hold the privilege, and it survives divorce.

Then there is Spousal Testimonial Privilege, which is different. From Wiki: "The spousal testimonial privilege (or spousal immunity) can be used to prevent any party in a criminal case from calling the defendant's spouse to testify against the defendant about any topic. In federal court as a matter of common law, this privilege attaches to the witness spouse, not to the defendant; that is, the defendant's spouse can refuse to testify against the defendant, but the defendant may not prevent his or her spouse from testifying against the defendant.

This privilege does not survive the marriage; that is, after divorce, there is no right to refuse to testify against a defendant ex-spouse. This privilege may be restricted to testimony about events that occurred during the marriage, although in some jurisdictions it may apply to testimony about events occurring prior to the marriage.

These rules are suspended when the defendant is accused of crimes against his/her spouse or a child of the spouse.

There are some other interesting things you can read here: [ame]http://en.wikipedia.org/wiki/Spousal_privilege[/ame]
 
Having these vigils are fine, if it makes the people involved feel better and they don't trespass, etc...but if this were truly a vigil for Kyron and not one against TH, then it probably should be held at the Wall or near Skyline, in my opinion. Kyron did not disappear from Roseburg, the people there are well aware of TH in their midst.

The spot designated to honor Kyron has been maintained all this time and seems like a more suitable place for a true vigil, just my opinion obviously.
 
If it applies pressure to Terri Horman and might actually make her feel a tad bit guilty, then more power to them. Do whatever it takes to bring Kyron home NOW!!


Terri Horman - where is Kyron?


~jmo~
 
I'm reading the comments at the article and I'm surprised to see so many Terri supporters. For Oregon locals, does the majority of the state feel Terri is guilty? Or are people's opinions changing as the months go by? Although, it does feel like some of the "Terri is Innocent" people at The Oregonian's website dislike Kaine and Desiree more than they actually feel sorry for Terri.
 
Maybe its more that she hasn't been charged; innocent until proven guilty. From my porch it seems that DY and KH decided she was guilty and spoke often and harshly without any proof from LE. Months later and TH still hasn't been arrested. So its not so much supporting Terri as wheres the proof she did something to Kyron? The hateful emails have not come out, theres is no body and no arrest.
IMO vigilannte type posters in Roseberg is just wrong; my heart goes out to DY but accusing without proof is just wrong. Keeping the search going, keeping his name and face out there is one thing but asking people to harrass TH steps over the line.
Strickly my own opinion...
 
eileenhawkeye said:
I'm reading the comments at the article and I'm surprised to see so many Terri supporters. For Oregon locals, does the majority of the state feel Terri is guilty? Or are people's opinions changing as the months go by? Although, it does feel like some of the "Terri is Innocent" people at The Oregonian's website dislike Kaine and Desiree more than they actually feel sorry for Terri.
Click to expand...

I can only speak for myself and my circle of friends. We all think she's guilty as sin with varying degrees of involvement. This circle includes one or two that have actually met her. I think there are a handful of crazy internet people (oops, does that include moi...LOL?) who come out of the woodwork on these cases and post over and over again. The Terri supporters seem to have all congregated towards Oregonlive and a few facebook pages. They appear to me to be pretty much the same people that have been posting since the beginning of this case. I think there are those that will think she's innocent no matter what information they discover about her. Then there are those that fall into the "innocent until proven guilty" camp who are being extra vocal about things like this vigil and I can't blame them.

I'm torn. I think pressure on TH could possible help but the vigilante type attitude has me worried. I hope it's civil but looking at the comments, I think it could get ugly out there today. :(
 
Batshift said:
Maybe its more that she hasn't been charged; innocent until proven guilty. From my porch it seems that DY and KH decided she was guilty and spoke often and harshly without any proof from LE. Months later and TH still hasn't been arrested. So its not so much supporting Terri as wheres the proof she did something to Kyron? The hateful emails have not come out, theres is no body and no arrest.
IMO vigilannte type posters in Roseberg is just wrong; my heart goes out to DY but accusing without proof is just wrong. Keeping the search going, keeping his name and face out there is one thing but asking people to harrass TH steps over the line.
Strickly my own opinion...
Click to expand...

I agree with most everything you said with the exception of the bolded part. I believe they've been presented with more evidence than just a hateful email but unfortunately it's not enough to arrest her. I can't imagine being Kaine and Desiree (or LE for that matter) knowing information but not being able to do anything about it.
 
I am not convinced of TH's guilt in regards to Kyron but I will not fault Desiree for doing what I would probably do myself as a mother who believed I knew who was responsible for my child being missing.

Love and light, prayer and thought go with Desiree this and everyday.
 
Well I guess that fizzled out?? Watched the news last night and it appeared to me that only the 3 organizers were there with their kids. At least it didn't turn into an ugly confrontation of some sort. I guess the good news of the whole thing is that it put Kyron's name back in the news. It was the top story on KGW last night.
 
Ang McBryde of Vancouver, Washington, came to Roseburg with some friends, to hold the vigil.

They spent the day putting out flyers around Roseburg to remind people that Kyron is still missing. "Let me tell you what I think about Terri. I think that if she were to come out her door right now, the only thing I'd say to her is, "Come on and help us," help us." she said. "She's the only person I haven't seen out here doing this, and we've all been out here, all the rest of his family's been out there doing stuff, so maybe she should come out and help us. That's what I'd like to see her do."

http://www.kval.com/news/local/121499544.html
 
eileenhawkeye said:
I'm reading the comments at the article and I'm surprised to see so many Terri supporters. For Oregon locals, does the majority of the state feel Terri is guilty? Or are people's opinions changing as the months go by? Although, it does feel like some of the "Terri is Innocent" people at The Oregonian's website dislike Kaine and Desiree more than they actually feel sorry for Terri.
Click to expand...

It's such a small group of posters at Oregonlive, and they have all come to know each other and have more like a private chat going, with some drive by folks who get very wound up. I got so disgusted following the comments to that story; one person for example stated that the Oregonian was "promoting" this event & therefore liable for inciting riot. Not good enough to post that once, they had to put it in there at least 3 times.

No wonder reporters don't want to work on this story. Imagine having to sift through and respond to that garbage & vitriol.

I think they are internet warriors and don't represent anything but themselves. I think most of the general public thinks TMH is responsible, probably because that is what they've been reading/seeing on TV. It's pretty damning when you're told LE is only looking at one person.
 
In the last 6 months I've met a number of folks from Portland (through business) and none of them know about this case. I mean, they live and work in Portland. And they have no clue ... and therefore no opinion.

*sigh*
 
Emma Peel said:
In the last 6 months I've met a number of folks from Portland (through business) and none of them know about this case. I mean, they live and work in Portland. And they have no clue ... and therefore no opinion.

*sigh*
Click to expand...

I agree...lots of people most likely don't know, or have forgotton. People have a very small retention rate and only for things that affect them, generally. I think a lot of people tuned out as soon as the intense focus was put on TH, seeing it as a "family/custody" type crime, and not seeing how it could affect their lives.
 
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