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

[Wrinkles]

There may be hard evidence about the MFH, but then why no charges? That is what I don't understand. If it is true, Kaine is techinically still in danger, I mean Terri has even more reason (in her mind) to want him dead now.

Yes...but there is a child missing... IF charges, maybe no flexibility with having TH slip up in some way that would help LE to find Kyron.

 

[Jaxson]

You and me both...

what Grandma said

He didn't say he had evidence, he said probable cause.

 

[nursebeeme]

bbm

Does he have evidence and what is that evidence?

have you read the court documents? He says in them he got info from LE. So, if he had to use it, I am sure LE would back him up on that. They are there to serve and protect.

 

[kappy50]

A reliable source told KGW that investigators learned of the $350,000 through a text message that Terri had sent to Mike Cook.

http://www.kgw.com/news/local/Kaine-Horman-seeks-to-make-Terri-pay-legal-fees-99243664.html

Now I have a little bit of a problem with this, or I am old school one...A written statement was what was stated in the motion..to me that means a #2 pencil and a piece of paper...now in todays world, email may mean written...not to me...written is just that...written! Pencil/Pen in hand on paper!

 

[nursebeeme]

and the "probable cause" came from what LE told him....

 

[tehcloser]

Hey Kyron! Buddy, were still praying for you!!!!!!!!!! What a mess this has turned into.

 

[Jaxson]

have you read the court documents? He says in them he got info from LE. So, if he had to use it, I am sure LE would back him up on that. They are there to serve and protect.

Yes I have read them multiple times and they still don't say he has evidence that she tried to kill him. He says probable cause. A landscaper said so.

 

[gwenabob]

Now I have a little bit of a problem with this, or I am old school one...A written statement was what was stated in the motion..to me that means a #2 pencil and a piece of paper...now in todays world, email may mean written...not to me...written is just that...written! Pencil/Pen in hand on paper!

Hmm. So typing isn't written? A newspaper isn't written? What I am doing right now isn't written? Huh? What difference does it make if it is written by a computer keyboard or a telephone keyboard?

 

[citigirl]

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

Patty G--it wouldn't be there. The letter was from the D.A. asking that the restraining order be sealed because revealing the contents would affect the investigation into Kyron's disappearance. Later that weekend the MFH story broke in the media so the D.A. told the judge the order no longer needed to be sealed. Remember?

 

[Jack]

I have heard this "MFH is he said/she said" more than once. I would love for someone, anyone, to tell me how they know this. (I am not picking on you in particular, you are just the most recent poster to assert this notion.) How do we know what LE has? They might have a proposition in writing via text for all we know. It may very well be much more than "he said/she said."

JMOJMOJMOJMO>>>>>>>>>>>>>infinity~~~

If they had something substantial, like a solicitation sent via text, TH would be sitting in a jail cell. They would love to have her in a cell so her every utterance (to everyone but her attorney) could be monitored and reported back to them.

So from what I recall it has been asserted that TH began her alleged relationship with the landscaper in much the same way her contact with MC has been reported. I take that to mean there was some sexting, maybe some racy trexting, etc. Hypothetically then they were having some sort of an affair, not neccesarily physical. So, how does one describe their husband to a man you're beginning a sexual type relationship with? Perhaps rather than describing your husband as a great guy who doesn't deserve to have a wife cheating on him you would divulge only the bad things... he's distant, he's verbally/mentally abusive, he's having an affair, etc (just as an example, I'm not accusing KH of these things). Boy toy may just pipe up and say 'hey, you're a great woman, no-one should treat you that way. I could put an end to that if you wanted me to.' And really not wanting to go there you just say 'well, I'll keep that in mind and let you know..' Then sometime later your romance has fizzled, maybe it didn't end well, you've moved on to another love interest or even decided to try to work on your relationship with your husband, and something terrible happens to your step-child. Former boy toy hears something going on that you are being rumored to be a suspect for and he says 'hey, she showed some interest when I joked about "taking care" of her meany of a husband. I'm going to report this to LE.' Fast forward... the police have wired him and his job is to try to get TH to talk about that conversation. He says to TH 'remember when I joked about "taking care" of your husband?' Now I hear something happened to your ss and you may be responsible. You better give me something or I'm going to go to the cops and tell them you tried to get me to kill your husband.' TH doesn't fall for it, stops talking to him, and calls 911 to report that someone is threatening her.

My scenario above is made up of course but it is possible this MFH accusation is as flimsy as the paper its written on. But of course since LE can't get past TH as a possible suspect they use this flimsy accusation as "probable cause" to tell KH his life is in danger to upset the apple cart and put TH in a vulnerable position. Then they sit back and wait for her to crack. But the rub is, she hasn't.

 

[PDXMom]

Oh boy on Issues Bruce McCain just said that the divorce would be set aside with her promise to not contest in the future.

But the kicker is........ this would stay all motions. She would not be required to answer to any motions already filed and no motions could further be filed to put pressure on her. In other words the motion for contempt would not be heard until after the criminal matter.

Why would a judge agree to that, under the circumstances?

 

[gwenabob]

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

I think that is just legal speak. They would not have probable cause without evidence. They don't always use the concise terminology we all would like! LOL.

 

[grandmaj]

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

Nope you are right. They didn't present evidence because the restraining order was not contested by Terri.

I could be all wet but it was always my contention that she didn't fight the restraining order because her attorney didn't want her to testify to what was within in. At that time LE's records could have been subpoenaed.

We don't know what those records are, only that they mirror or resemble what LE found with regard to M. Cook according to the contempt motion.

Oh you asked about why they haven't charged her yet on the Murder for Hire(alleged). My guess is while LE has something they may not have money changing hands etc., enough to make the charge stick. Again this is my opinion. But that they felt compelled enough to tell Kaine to get out of that house with the baby. They also might want to use this alleged plot in any criminal proceeding to point to what Terri might be capable of.

What just did catch my eye on the restraining order application was that Kaine said he didn't know if she had any weapons but feared she may obtain one.

 

[gwenabob]

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..

From reading the pleadings, I don' think the divorce itself is being abated. They will be "divorced" right away. It is all the other parts--division of assets, parenting/visitation stuff that is being abated.

 

[Soulmagent]

They would have to prove Terri texted it and she had the phone in her hand to prove she texted it. They didnt see her text it and if no one else did unless she admits it cannot proven it to be written by her.

 

[kappy50]

Hmm. So typing isn't written? A newspaper isn't written? What I am doing right now isn't written? Huh? What difference does it make if it is written by a computer keyboard or a telephone keyboard?

No ...what we are doing right now is NOT written...JMO...electronically delivered. If in the motion they said they had a email, then so be it...they did not say that...they said written...which to me means pencil/pen/paper..JMOAHO

 

[Wrinkles]

I think that is what happened. She was given this money or the lawyer was paid directly by someone and the person or persons considers it a gift, imo.

IMO

Okay...so if this was a gift...let TH's lawyer say, "this was a gift to our client," spit out the amount of the fee and who gave the gift. Fairly simple. Sheesh, what is so difficult about the truth? Ewwww the truth...well now if we had that, we might not be in this mess!

WHAT I HEARD in that legal document is that TH's attorney might have liked a call from KH's attorney to work this out before a motion of some sort was filed. Oh, Kaine overstated the fee -- yeah, well Kaine got his info from an email YOUR CLIENT wrote to someone else...so who is overstating what? Yeah and...well if you think that your client's 7 year old boy was disappeared by the opposing attorney's client, I just don't know how often you just want to work it out with attorney's speaking (which is common and helpful, I believe.) I think you might be FAR MORE protective of your client, not letting loose of how they know what they know.

TH "wrote" to someone (MC we have heard) that her defense attorney cost $350K. Let her attorney say, "my client is clumsy with her fingers...it was only $35K or 3.5K BWAHAHAHA -- FUNNY IT IS TO LAUGH!) Okay if it was only $35 k, where did it come from? If her parents gave her the money, they are entitled to give her 13K a year each (26K) without gift taxes, a mere 9K toward gift taxes. UNLESS I misunderstand these taxes ( help here?) The parents will just need to file a form with the IRS at the end of the year, I believe.

You know...being honest and equitable is not difficult for those who are upright. It is FAR harder for those who are not. And so we watch!

 

[Dr.Fessel]

From reading the pleadings, I don' think the divorce itself is being abated. They will be "divorced" right away. It is all the other parts--division of assets, parenting/visitation stuff that is being abated.

They want it abated now, they offer Kaine and the court the divorce and set aside the other stuff. If Kaine and the court do not agree to that then they want the whole thing abated still.

 

[carole]

No ...what we are doing right now is NOT written...JMO...electronically delivered. If in the motion they said they had a email, then so be it...they did not say that...they said written...which to me means pencil/pen/paper..JMOAHO

BBM

Written in a text message as opposed to telling someone verbally.

 

[Leila]

http://www.koinlocal6.com/mostpopul...work-to-push-back/1njw6YeGT0WGbLDT0A9SUw.cspx


Terri Horman's attorney, Peter Bunch, filed paperwork with Multnomah County today, seeking to abate the divorce proceedings between Kaine and Terri.

Bunch writes: "As the court is aware the respondent (Terri) is under intense scrutiny as part of an ongoing investigation....As a result of the intense scrutiny and speculation it is virtually impossible for me to proceed with divorce related issues."

As one example, Bunch says petitioner grossly misstated the amount of money paid to Stephen Houze. Bunch also says respondent is unemployed and under her present circumstances is not employable.

Terri will agree to the divorce in the long run, but doesn't want to have to deal with the matter now.

So, basically, she's asking that the divorce be held in limbo? I would think that there's legal matters that have to be settled in a divorce such as assets. This would tie such things up indefinitely.