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

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I find the part "funny".. where her lawyer says one reason for the abatement is that she cannot find a job because of all the attention in Kyron's case.

really???

Than why doesn't she want to get the divorce done pronto so all the marital assests can be divided and she has some MONEY.

I think the only reason for the stall is directly related to the criminal case.

MOO
 
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

Well, I understand your point, I really do, but I think those notions are from a bygone era, lol. Many of today's young adults barely know how to write legibly with an actual pencil and paper. The longer we go, the worse it gets!

I remember spending hours practicing penmanship when I was in grade school. We were so excited to start learning cursive in 3rd grade. Now, my adult daughter can barely decipher my beautiful writing! (She was taught italic style and doesn't understand the "r" and "z" and some of the other older style script writing.) It's really a shame.
 
Why would a judge agree to that, under the circumstances?

Well her attorney would argue she would have to implicate herself in any pending criminal manner. Or, she couldn't be judged fairly with all of the Kyron publicity. etc. etc.

Kaine's attorney I think would have to argue that this woman is a danger to him and K, and that things should move forward and she should be charged with contempt. That then gives Terri a record of sorts if she is charged in Kyron's case. And, since she already tried to track down where Kaine was living with Kiarra, and it is feared she might try to snatch K, that the interest to their safety is of highest priority.

If the motions went forward I would imagine Terry would have to invoke the 5th.

All amateur guesses.
 
BBM

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

Carole..I'm not exactly sure what you are saying here. The motion says "Written"....what does that mean to you....
 
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.

And I don't think you are all wet. You most probably are correct. I do think if they had evidence she would be in Jail. I don't believe they have anything to charge her with or they would lock her up. I think the sting was an attempt to lock her up for MFH while they continue to investigate Kyron's whereabouts. I don't think they are waiting to arrest her while they investigate Kyron's disappearance. I would come unglued if the police had evidence that my husband tried to hire an assassin and left him free to roam. Yes they are there to serve and protect.
 
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?

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

Yup, I know about the letter from the DA to seal and unseal the RO, but perhaps I was confused with your post about the letter from DA in support of the Kaine's RO. I guess it's all in the interpretation of the reader (me). :crazy:
 
Patty G--here is a copy of the letter sent by D.A. referring to earlier letter to seal (bbm):

Your Honor:

This confirms my discussion with you earlier this evening. After speaking with Mr. Bosworth and Ms. Rackner, I called you and informed you that, given the media coverage over the past long weekend, the Multnomah County Major Crimes Team could no longer stand by its assertion in my affidavit of July 2 that unsealing the sealed matters before you would undermine our on-going criminal investigation. I express no opinion on any position Terri Horman might have in the matter.

You told me of your intent to decide what further action was warranted after you reviewed the sealed documents when your court was open again on Thursday, July 8

Yours very truly,

Norman W. Frink
Chief Deputy District Attorney
Multnomah County, Oregon

If the evidence provided was good enough for the judge it is good enough for me.

But...the question about why she has not been charged for the MFH? I just don't get it, given the MFH was referred to again in the contempt motion.

I guess they'll charge her when they're good and ready. Won't be fast enough for some us!
 
It would not surprise me if they had texts or emails of her asking the LS to do the job and how much it would cost. She can't seem to stay away from those typing keys?

 
Issues Coverage Of Kyron Horman Case
VELEZ-MITCHELL: Kyron, the missing boy almost eight weeks now. Kyron`s step-mom, Terri Horman, isn`t a suspect officially, but she`s in the spotlight. Does she happen to know what happened to Kyron. Straight out to Bruce McCain, retired captain with the sheriff`s office, the very sheriff`s office investigating this little boy`s disappearance. Bruce, tell us about the new documents you just got your hands on.

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.

VELEZ-MITCHELL: Yes. And the $350,000, just to bring our viewers up to date, is that Kyron, his father believes that Terri, the step-mother, who was with the boy when he disappeared, had $350,000 to pay to hire an attorney, and the dad wants to know, where the heck did she get $350,000 clams, thousand clams?

MCCAIN: That`s right, Jane.

VELEZ-MITCHELL: All right. To think that it strikes -- go ahead.

MCCAIN: No, I was going to say, her lawyer is saying, that`s not the correct amount. He also stipulated that was not borrowed funds, and it was not her own money, but the key about this motion, that it was basically preventing Terri from having to answer in court until this Kyron issue is resolved.

VELEZ-MITCHELL: I hear you. The thing that strikes me about this whole case is the lack of physical evidence. None has ever been recovered. There`s no clothing, no personal effects. Usually, there is something. Let`s go back to the Casey Anthony case, for example. Now, she allegedly borrowed a shovel from a neighbor right around the time her daughter, Caylee, went missing. And then Drew Peterson, he had a blue barrel, according to a relative, and the relative says Drew asked him to remove the barrel and it was warm to the touch. But in this case, there`s nothing. There is no physical evidence, Bruce. What do you make of it?

MCCAIN: You`re absolutely right, Jane. There`s no physical evidence related to Kyron. But there is at least physical evidence in the forensics on the electronics. This is clearly a circumstantial case at this point unless and until we find Kyron dead or alive. And I know Desiree told "People" magazine that she believes that he`s stashed away. I spoke with "People" magazine this afternoon and asked them the critical follow-up question, did you ask her, is that just a maternal gut feeling or is it based upon evidence that the investigators provided?

VELEZ-MITCHELL: Well, we know it`s a gut feeling. Thank you, Bruce.

MCCAIN: Yes, unfortunately

http://transcripts.cnn.com/TRANSCRIPTS/1007/28/ijvm.01.html
 
And I don't think you are all wet. You most probably are correct. I do think if they had evidence she would be in Jail. I don't believe they have anything to charge her with or they would lock her up. I think the sting was an attempt to lock her up for MFH while they continue to investigate Kyron's whereabouts. I don't think they are waiting to arrest her while they investigate Kyron's disappearance. I would come unglued if the police had evidence that my husband tried to hire an assassin and left him free to roam. Yes they are there to serve and protect.

It could also be that the Landscaper is not a good witness... and might invoke his rights under the 5th because he didn't come forward. Of course that is always going to be the argument. That if it was for real why did it take 6 months for the landscaper to talk about it. Just really iffy.

But, I'm thinking that LE could trump this motion. By filing some sort of criminal action against Terri for any part of what we have learned. MFH, Child Endangerment, kidnapping, obstruction......

Buckle up them there seatbelts. :)
 
Issues Coverage Of Kyron Horman Case
VELEZ-MITCHELL: Kyron, the missing boy almost eight weeks now. Kyron`s step-mom, Terri Horman, isn`t a suspect officially, but she`s in the spotlight. Does she happen to know what happened to Kyron. Straight out to Bruce McCain, retired captain with the sheriff`s office, the very sheriff`s office investigating this little boy`s disappearance. Bruce, tell us about the new documents you just got your hands on.

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.

VELEZ-MITCHELL: Yes. And the $350,000, just to bring our viewers up to date, is that Kyron, his father believes that Terri, the step-mother, who was with the boy when he disappeared, had $350,000 to pay to hire an attorney, and the dad wants to know, where the heck did she get $350,000 clams, thousand clams?

MCCAIN: That`s right, Jane.

VELEZ-MITCHELL: All right. To think that it strikes -- go ahead.

MCCAIN: No, I was going to say, her lawyer is saying, that`s not the correct amount. He also stipulated that was not borrowed funds, and it was not her own money, but the key about this motion, that it was basically preventing Terri from having to answer in court until this Kyron issue is resolved.

VELEZ-MITCHELL: I hear you. The thing that strikes me about this whole case is the lack of physical evidence. None has ever been recovered. There`s no clothing, no personal effects. Usually, there is something. Let`s go back to the Casey Anthony case, for example. Now, she allegedly borrowed a shovel from a neighbor right around the time her daughter, Caylee, went missing. And then Drew Peterson, he had a blue barrel, according to a relative, and the relative says Drew asked him to remove the barrel and it was warm to the touch. But in this case, there`s nothing. There is no physical evidence, Bruce. What do you make of it?

MCCAIN: You`re absolutely right, Jane. There`s no physical evidence related to Kyron. But there is at least physical evidence in the forensics on the electronics. This is clearly a circumstantial case at this point unless and until we find Kyron dead or alive. And I know Desiree told "People" magazine that she believes that he`s stashed away. I spoke with "People" magazine this afternoon and asked them the critical follow-up question, did you ask her, is that just a maternal gut feeling or is it based upon evidence that the investigators provided?

VELEZ-MITCHELL: Well, we know it`s a gut feeling. Thank you, Bruce.

MCCAIN: Yes, unfortunately

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

bbm did I miss the point? (not sarcastic, maybe my interpretation is off-base)
 
Patty G--here is a copy of the letter sent by D.A. referring to earlier letter to seal (bbm):

Your Honor:

This confirms my discussion with you earlier this evening. After speaking with Mr. Bosworth and Ms. Rackner, I called you and informed you that, given the media coverage over the past long weekend, the Multnomah County Major Crimes Team could no longer stand by its assertion in my affidavit of July 2 that unsealing the sealed matters before you would undermine our on-going criminal investigation. I express no opinion on any position Terri Horman might have in the matter.

You told me of your intent to decide what further action was warranted after you reviewed the sealed documents when your court was open again on Thursday, July 8

Yours very truly,

Norman W. Frink
Chief Deputy District Attorney
Multnomah County, Oregon

If the evidence provided was good enough for the judge it is good enough for me.

But...the question about why she has not been charged for the MFH? I just don't get it, given the MFH was referred to again in the contempt motion.

I guess they'll charge her when they're good and ready. Won't be fast enough for some us!

Maybe it's just me, but I read this to say that the DA sent an affadavit NOT regarding the truth of the MFH plot, but to say "that unsealing the sealed matters before you would undermine our on-going criminal investigation. I express no opinion on any position Terri Horman might have in the matter." This letter reverses the opinion requesting it be sealed.

To me that doesn't sound like the DA supported the RO, only that he supported it being sealed.
 
BBM

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

Carole..I'm not exactly sure what you are saying here. The motion says "Written"....what does that mean to you....

I'm not Carole, but I'll take a stab at it. There are many ways to communicate--written language, spoken language, smoke signals, picture symbols, body language, sign language, etc. I think the motions said written as to mean "in writing" versus "spoken" or "sign language" or any other type of communication. It was in "writing" the same way what you are reading right now is in "writing." Does that make sense? I think they are using "written" in a broader sense than your "paper and pencil" interpretation.
 
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.

I believe that people can give $13,000 as you stated later on here.

Anyone can give the money to anyone and it is tax free.

But if the gift is larger than the tax free amount, the receiver pays the tax.

If you are a couple, your parents each could give $13,000 to each person in your family. But double that, as mom can give each the money, then dad can give each the money.

It's a great deal if you can afford it.

There would be a huge tax liability on $350000.
 
A question: What grounds would LE have for revealing to KH that Terri had sent a text message to MC claiming to have paid her attorney $350K? (If, as the article implies, KH learned about the text message from LE . . .)

I'm not sure they need grounds, do they? To give investigative information to the victims? I think they can tell Kaine and Desiree whatever they think will help the investigation along. I'm sure they have their reasons why they think this will help. I only hope it will be made known to us eventually.
 
he said he did when he applied for the restraining order--and a letter from the D.A. in support of the RO.


Of course he did. There was probable cause, someone came forward and made an accusation. That's all it takes. Doesn't have to be true, or proven.

Think of this, you are out with some friends for a good time. You don't drink but you stay out late and have fun. You leave the bar at closing time, get in your car and begin to drive home. PO patroling the area by sees your car in the vicinity of a bar that is just closing, its late, hardly anyone out at that hour. Suspects you came from the bar. Suspects that if you stayed out at a bar until closing time you are likely driving impaired. Can't pull you over for suspicions so decides to keep an eye on you for a minute. You don't see the PO, no-one else on the road that late and you decide to see if you can find your chapstick in your purse so you lean over a bit to grab your purse and swerve slightly over the white line on the side of the road. BAM, the swerve was probable cause to pull you over for suspicion of driving under the influence. It doesn't mean you're drunk, or that you will be charged with anything, but it was enough for PO to say he thought you might be DUI so he pulled you over for it.

Let's add then that while you're pulled over your ex sister in law drives by and sees that you've been pulled over late at night near a bar so she assumes you got caught driving drunk and proceeds to tell anyone who will listen that you got a DWI the night before. Try as you might you will never convince everyone that you didn't. Even if you could prove you weren't charged with a DWI some people would just say you must have done someone some "favors" to get out of it.
 
Maybe it's just me, but I read this to say that the DA sent an affadavit NOT regarding the truth of the MFH plot, but to say "that unsealing the sealed matters before you would undermine our on-going criminal investigation. I express no opinion on any position Terri Horman might have in the matter." This letter reverses the opinion requesting it be sealed.

To me that doesn't sound like the DA supported the RO, only that he supported it being sealed.

I admit I don't know what that sentence about Terri means. I've read it 10 or 15 times. Doesn't it just mean that he has no idea if Terri will try to refute the evidence? I don't see how the DA could ask for the seal if the information wasn't true. Do you think LE made it up? Or Kaine made it up?

Help me here--give me a scenario that makes sense to you.
 
I never had to testify under oath when I got divorced. The attorneys just handled the paperwork. I can't see where she would have to testify to anything other than the divorce unless she is at least charged with something. Why would she have to answer questions about the criminal cases when she has yet to be charged, let alone found guilty, in a divorce court?

You didnt have to answer interogatories? We do here in MA. Pages of them-questions about when the break down of the marriage occurred, who worked when, who made what money, who mowed the lawn...they are the basis of the depositions done in a contested divorce.
 
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