2010.06.28 - Kyron's Dad files for divorce and restraining order

[Patty G]

I think that will be up to the judge regardless of what Kaine and his attorney asked for. He doesn't get to decide who is responsible. Usually it is the person with the income unless both are working which would put him paying for both attorneys whether it is contested or not. JMO based on my husbands divorce from first wife.

I agree.

 

[grandmaj]

Here it is.

http://archives.cnn.com/TRANSCRIPTS/1007/28/ijvm.01.html

BRUCE MCCAIN, RET. CAPTAIN MULTNOMAH CO SHERIFF`S OFFICE: Well, Jane, again, thank you for having me back, and this is really breaking news on your station, believe it or not. These were facts just within the last hour. And this deals with the civil divorce (INAUDIBLE) about how Kaine has been using that process to keep the pressure on Terri, including a show cause hearing for contempt, a show cause hearing about where she got the supposed $350,000. This afternoon, Terri Horman`s divorce lawyer, not her criminal defense lawyer, filed what`s called a motion to abate the case. Not to dismiss it, but abate it. Meaning, they (ph) were going to set it off to the side.

His basis is all of the publicity that his client is getting. What`s significant about this, Jane, is that if the court grants this motion to abate, it automatically stays any motion practice, because I do practice law here in Portland, Oregon after retiring, and this actually would prevent in theory any appearance by Terri Horman to explain the money or explain the contempt. And the big piece that he`s throwing -- the bone that he`s throwing out here is that he`s saying Terri Horman will not contest to divorce. She will stipulate to the entry of divorce, and she will also stipulate that she will not go after any of Kaine`s assets. In other words, she`s going to surrender on the divorce case.

more...... copyright snipped

 

[citigirl]

bbm

Does he have evidence and what is that evidence?

he said he did when he applied for the restraining order--and a letter from the D.A. in support of the RO.

 

[tehcloser]

Oh Lawd...we've wound up in "Divorce Court".

 

[Sherbie]

According to this article:

>>Bunch also contends that Kaine Horman "grossly misstated" the amount of money paid to Terri Horman's criminal attorney, Stephen Houze.<<

Then this article states:

>>A reliable source told KGW that investigators learned of the $350,000 through a text message that Terri had sent to Mike Cook. Detectives were searching through Cook's messages as part of the investigation after they learned that he had a sexual relationship with Terri during the search for Kyron. A court motion stated that police said Terri "sexted" Cook hundreds of times and also sent him several photographs of herself "in various stages of undress and graphic sexual activity."<<

I think that Bunch ought to be checking his client for her typos or lies.

If she really did text that, maybe she lied about the amount to try to garner sympathy. Mighta been trying to hit him up for some money since they were so "close," I guess you'd say.

 

[Patty G]

So Patty G is this considered "contested" or is abatement a whole other ball of wax terminology I am so sick of this and yes I know it is a run on sentence as that is how my mind is going right now...am sick of this because Kyron is still out there :banghead:

It's an abatement or better known as "put on hold". Terri as it stands will not contest the divorce.

 

[Jaxson]

he said he did when he applied for the restraining order--and a letter from the D.A. in support of the RO.

I wonder why they haven't charged her then.

 

[Wrinkles]

The IRS will have to take a look/see at that next filing time, or perhaps this quarter as certainly she will owe a chunk of change on a gift.

Unless multiple people each gave her $12,000. Then she's in IRS freedom land.

Hi Human,

Just looked this up... I think that the giver of the gift is liable for the tax, and I think that is only after X amount of gifting (like 1 mil or so?)

Maybe could step in and say what happens if $350K is given to someone in the course of a year.

 

[grandmaj]

I wonder why they haven't charged her then.

There may not be enough evidence for it to stand on its own beyond maybe texts, unless money changed hands. Or it may be used in the criminal case about Kyron to try to show state of mind if indeed Terri is charged in that case. Just big guesses here.

 

[Wrinkles]

I'm thinking perhaps some decimal points were left out IF this was done via text messaging. IF it read 350000 it could be 3500.00 :crazy:

HAHAHAHA! Not laughing at you...laughing at the thought.

I can just see Terri telling her attornies, "I have clumsy fingers when texting." Yeah right, seems you were able to get other things texted okay... Now then how many typos were there in her sexting?

 

[grandmaj]

Guys I have to ask you again. We are in the open forum as this thread should be. We need to keep it PG rated please and thanks.

 

[tfrohning]

I have not comment on any of the divorce threads. At this point I don't care:snooty: it should be put on the back burner. I was how ever very interested in RO.

And than how much Terri paid her lawyer... I pass on that thread too.

When I read that first thing I thought... how could that be leak:waitasec:

And than I was like uh oh! to many zeros... just seeing the numerical and not 350,000 written out I had my doubts.

But if true I would hope that who ever funded this for Terri's lawyer that they know about "price gouging"

I also hope it the same person or persons that gave the 25,000 to up the reward for KYRON.

Talking about numbers...So Terri has two lawyers. Before it over she have a dream team:angel:

 

[Patty G]

he said he did when he applied for the restraining order--and a letter from the D.A. in support of the RO.

A letter from the DA? Can you link to that info please.

Here is the full RO and I don't see a letter in there from the DA.
http://www.koinlocal6.com/media/lib/107/e/1/2/e12f2287-ce0b-48e0-8d85-e3955216ae1b/FULLORDER.pdf

 

[citigirl]

I wonder why they haven't charged her then.

You and me both...

what Grandma said

 

[gwenabob]

I wonder why they haven't charged her then.

I bet they will--when the time is right. Investigators might feel it is best for her to be out right now--texting, talking, emailing, etc. while they are still working on the Kyron part. When she is arrested for Kyron's disappearance, they will probably add the MFH at that time. JMO.

 

[Nana46]

Oh Lawd...we've wound up in "Divorce Court".

Now Teh you knew this was coming didn't ya????:sick:

 

[grandmaj]

I have not comment on any of the divorce threads. At this point I don't care:snooty: it should be put on the back burner. I was how ever very interested in RO.

And than how much Terri paid her lawyer... I pass on that thread too.

When I read that first thing I thought... how could that be leak:waitasec:

And than I was like uh oh! to many zeros... just seeing the numerical and not 350,000 written out I had my doubts.

But if true I would hope that who ever funded this for Terri's lawyer that they know about "price gouging"

I also hope it the same person or persons that gave the 25,000 to up the reward for KYRON.

Talking about numbers...So Terri has two lawyers. Before it over she have a dream team:angel:

Well if she doesn't stay off the computer and phone we may be doubling some of these numbers. I almost think LE through Kaine and Desiree is trying to bait her to disclose things on the texts she is sending.

 

[PDXMom]

Last night on NG, a talking head made comment about the request for the source of money by Kaine that Terri used to pay her defense attn.

IIRC, that information is client/attn. priviledge (defense attn/TMH)

However, the divorce court would be able to access that info, because it is a question of if marital income has been used, or if a loan was taken out to make the payment and it could be viewed as a marital debt.

Don't shoot the messenger please, just relating how it was discussed last night.

I thought that was interesting. I'll see if I can find the link to the transcript if anyone wants.

Ah, ok. I've been trying desperately to understand the purpose of this motion. Terri isn't contesting the divorce, but would have to take the stand if she contests any part of the divorce stipulations, like no custody, or paying child support? The divorce docs stated that it was due to "irreconcilable differences", which means no one is suing the other - Oregon is a no-fault state. But it's because she doesn't agree with every aspect of the divorce, Bunch asks to abate it? Bunch's way to keep her off the stand is to delay....what? Not the divorce itself, but just the contesting parts? Or is it both? Sorry, feeling very dense today.

 

[KeyboardCat]

I'm guessing that what this is really about, is to avoid giving testimony and evidence in the matters pertaining to the divorce. And those things that surfaced with the restraining order could come into play when we are talking about custody of children. To my understanding, everything has to be settled before a divorce is finalized. Division of assets, custody, all that.

So if the divorce proceedings aren't put on pause for now, the stuff in the RO will come into play... more dirt could be publicized.. more accusations.. In these divorce proceedings, maybe she could end up incriminating herself in the other matters that could come before another court.

Also.. if divorce proceedings begin now, when the matters of custody get decided.. her chances are slim to none at this moment.

I guess its smart to try to put it all on hold, while maintaining she isn't contesting this..

 

[Jaxson]

There may not be enough evidence for it to stand on its own beyond maybe texts, unless money changed hands. Or it may be used in the criminal case about Kyron to try to show state of mind if indeed Terri is charged in that case. Just big guesses here.

My point was that he didn't say he had evidence. He said probable cause.