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

[Jaxson]

Who exactly stated Terri told Michael to lie to her defense attorney? Was it Kaine, Desiree, LE, Michael?

I believe it was Michael during questioning by LE.

 

[sofia76]

If you were not a person of interest or a suspect in a case, but by all intents and purposes you were last seen with a person who went missing, would you hire a defense attorney and pay him $350,000.00 or would you hire a defense attorney and put him/her on a small retainer, say $3,500.00 just in case you are charged with a crime?

I would be SHOCKED if Houze could be put on retainer for $3500. If so, I'm calling him if I ever get into a legal pickle! I have a family friend who knew the police wanted to talk to him about a robbery (that he was involved in). He got hold of a good attorney, who charged him $20K retainer. He was never even charged with a crime. The other guy the police wanted to talk to got a $3K lawyer - he ended up serving six years in prison.

 

[human]

I am thinking that if Terri thinks that she is going to be charged, the huge money is necessary.

He can't sit around and wait until she is going to be charged. He would have to take clients if they come up.

With a huge amount of money, he can afford to sit and wait around and charge for that time, I would think.

But I don't know.

 

[Patty G]

I think it depends on whether I knew I was guilty or not. If I was totally innocent and could prove it, I would find a cheaper attorney. If I was guilty, and knew it would/could eventually be proven, I would get a really good attorney. But I would be loathe to impose on my family. In reality, I would have broken a long time ago and taken a plea deal. I just couldn't handle the pressure Terri is living with.

Well, I wouldn't pay a defense attorney the full amount of money especially if I wasn't a suspect or a POI. I would though get the best attorney around and pay him a retainer just in case I get charged.

 

[Herding Cats]

Actually the $350K came from Kaine's attorney via written communication through a third party, now known as sources saying it came from text message to Michael Cook.

See, that's where I'm thinking it came from.

My problem is, however, this:

If this is criminal evidence in a criminal case, LE must be mighty pissed at KH for 'spilling' the info to his attorney. I don't believe that a victim has a right to the info LE has gathered in the course of an investigation, unless and until someone is charged with a crime, and it goes into discovery. Further, as the victim, they are not usually given access to the info, as it might twist or taint the testimony the vic can 'honestly' remember.

Now, of course, I'm not a lawyer. I'm not a DA. I've never been charged with a crime. However, I have been the vic of several (small) crimes, and the investigation NEVER informed me of what was gathered; just that it was moving forward, or that they'd found the bad guy and we were going to court on X day...

So besides the whole idea that KH may be doing all this to put pressure on TH, I think also that it could easily sour this aspect of the criminal case; and also continue to pollute the jury pool.

If I were the judge, I would grant this motion; there is nothing to be gained, and all sorts of things to be lost (on both sides), if TH is forced to testify; further, if she is tried and acquitted in a criminal case, she would have every right to make the court revisit the divorce if they made her testify (or plead the 5th...), and the whole thing would be re-decided.

Just moo, moo, and more moo...

Best-
Herding Cats

 

[grandmaj]

http://wweek.com/editorial/3636/14268/

Here is an article which stated court records show he charged another client 250K retainer.

 

[Patty G]

I believe it was Michael during questioning by LE.

Did Michael state this publically?

 

[Nana46]

Well I tell you right now folks....two jobs I am thankful I don't have....I am glad I am not an attorney or a judge....these are two professions that after reading these forums I realize how much things can be taken one way or the other. I have more respect than ever for these professions....I still shudder when I think of a certain defense attorney in another high profile case we are all too familiar with. I thank all of the fine attorneys here that answer our questions and if there are any judges here I have the highest regard for your profession...I guess I am glad I am just not smart enough to do either job,lol.
There has to be an end to this madness somewhere in all of this.

 

[Jaxson]

BUT TH was the primary caregiver (however/whatever she got that position) for five years. She didn't give birth to him, but she was more than his dad's wife. She was the one who took him to school, was at his events, and did the day to day stuff. IF she is guilty then, yes, that is unfair. BUT if she isn't guilty, then why is it unfair? THEN those five years she invested in her family were mute? how many years do you have to be the primary caregiver before it counts?

Terri is/was a legal guardian so that may or may not give her as much right to sell pics of Kyron but I would think it would be too gray of an area for anyone to purchase pics from her and not have to worry about repercussions. Besides why would anyone pay her tons of money for pics of a little boy that are all over out there. Like why buy the cow when you get the milk for free.

I really think someone else hired an attorney for Terri. I really think they just paid a retainer not an amount that includes trial. They don't even know there will be one. I don't believe in 350,000 unless Houze told Terri it COULD end up being that much if she is charged and they go to court and it drags on etc.

 

[Jaxson]

Did Michael state this publically?

No, actually I don't think so. I think I readit in the contempt motion filed by Rackner on behalf of Kaine.

 

[grandmaj]

Who exactly stated Terri told Michael to lie to her defense attorney? Was it Kaine, Desiree, LE, Michael?

http://www.oregonlive.com/portland/index.ssf/2010/07/kyrons_stepmom_wont_contest_he.html

According to Kaine's attorney Michael Cook told LE that Terri asked him to lie about her being at his house. I believe it is also in the motion for contempt.

 

[Jaxson]

Houze ? How is he involved ? If TH lawyer is saying the 350K is not right then how does that mean Houze is #1?

Houze is the defense attorney and Terri is his client. Terri told MC which makes 3.

Bunch is the divorce attorney for Terri who has filed the motion saying that amount is overstated.

 

[goatman]

See, that's where I'm thinking it came from.

My problem is, however, this:

If this is criminal evidence in a criminal case, LE must be mighty pissed at KH for 'spilling' the info to his attorney. I don't believe that a victim has a right to the info LE has gathered in the course of an investigation, unless and until someone is charged with a crime, and it goes into discovery. Further, as the victim, they are not usually given access to the info, as it might twist or taint the testimony the vic can 'honestly' remember.

Now, of course, I'm not a lawyer. I'm not a DA. I've never been charged with a crime. However, I have been the vic of several (small) crimes, and the investigation NEVER informed me of what was gathered; just that it was moving forward, or that they'd found the bad guy and we were going to court on X day...

So besides the whole idea that KH may be doing all this to put pressure on TH, I think also that it could easily sour this aspect of the criminal case; and also continue to pollute the jury pool.

If I were the judge, I would grant this motion; there is nothing to be gained, and all sorts of things to be lost (on both sides), if TH is forced to testify; further, if she is tried and acquitted in a criminal case, she would have every right to make the court revisit the divorce if they made her testify (or plead the 5th...), and the whole thing would be re-decided.

Just moo, moo, and more moo...

Best-
Herding Cats

RBBM: You took the words out of my, erm, fingers? keyboard? mind?...you get the point. AND IF he was given this information as a vic/interested party and used it for his own gain (divorcing his wife)...is there something illegal/gray area there? Kind of like insider trading? IDK what I am trying to say, I hope someone else does! (not accusing KH of doing something illegal, just...pondering the many questions this case brings me/us).

Terri is/was a legal guardian so that may or may not give her as much right to sell pics of Kyron but I would think it would be too gray of an area for anyone to purchase pics from her and not have to worry about repercussions. Besides why would anyone pay her tons of money for pics of a little boy that are all over out there. Like why buy the cow when you get the milk for free.

I really think someone else hired an attorney for Terri. I really think they just paid a retainer not an amount that includes trial. They don't even know there will be one. I don't believe in 350,000 unless Houze told Terri it COULD end up being that much if she is charged and they go to court and it drags on etc.

RBBM: Exactly, KH and DY have themselves already provided hundreds, so what would be the big deal if she sold some. So, if wanting to know how she paid for her attorney was based on the "she might have sold pictures/books/whatever argument" that sounds like a very shaky argument to me (underlying the "I can't afford..." argument.

 

[Patty G]

http://wweek.com/editorial/3636/14268/

Here is an article which stated court records show he charged another client 250K retainer.

It states:

A fellow lawyer tells WW that based on jail records obtained as part of another case, Houze last year told a potential client the amount he would charge as a retainer was $250,000. If so, it would easily make Houze one of Portland’s most expensive criminal-defense lawyers.

 

[gwenabob]

Houze ? How is he involved ? If TH lawyer is saying the 350K is not right then how does that mean Houze is #1?

I am not sure I understand your question. Someone asked how MC could be the "third party."

Houze and Terri have a contract. They are the two parties with knowledge of the contract. They are # 1 and # 2. Terri went outside of that and gave information about the contract to a third party--MC. He is the "third party" referred to in the motion. Is this what you are talking about?

 

[tfrohning]

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.

you think by now she stop texting and being on the computer... we also think she take hints from media reports that she being baited:banghead:

Some OR medias comments are saying she posting there:waitasec:

I can't go shopping for a day and not worry about what I missing at WS:angel:

 

[Patty G]

http://www.oregonlive.com/portland/index.ssf/2010/07/kyrons_stepmom_wont_contest_he.html

According to Kaine's attorney Michael Cook told LE that Terri asked him to lie about her being at his house. I believe it is also in the motion for contempt.

Basically, it is LE telling Kaine, who then told his attorney especially since LE has never stated any of this publically.

The only info we are getting from LE is what Kaine is stating LE is telling Kaine.

 

[Mylou]

Houze is the defense attorney and Terri is his client. Terri told MC which makes 3.

Bunch is the divorce attorney for Terri who has filed the motion saying that amount is overstated.

Which they must not have any proof of ? Being as TH's lawyer stated that if KH's lawyer had asked Houze they would have known that was false information. Did I get that right ? Im so confused.

 

[goatman]

It states:

A fellow lawyer tells WW that based on jail records obtained as part of another case, Houze last year told a potential client the amount he would charge as a retainer was $250,000. If so, it would easily make Houze one of Portland’s most expensive criminal-defense lawyers.

I don't understand this quote...
Another lawyer told WW that based on jail records Houze told a client what he would charge that potential client?

WW is at least 3 degrees separated from the source...no? Was he paid that much? Did he take this client on for less?

Seems like a rumor to me...until we see the jail records for that encounter.

 

[Mamietwo]

I don't think Kaine should have to wait 5 minutes for his divorce. Can't his attorney argue that he wants the divorce right now because he has evidence she tried to murder him? Why is that asking too much?

.....and therein lies the rub.