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

[grandmaj]

If the contempt hearing goes forward in September then the info will come out with regards to what Michael has stated.

I believe what Michael has stated with regards to the pictures, texting, goggling etc., my point is that LE has never publically addressed this with the public.

No Patty. I agree but LE isn't saying much of anything. They are sharing some things with Kaine and Desiree apparently.

 

[grandmaj]

We are not on the same page. My post is with regards to an article WW has regarding a lawyer indicating what Houser was claiming to charge a potential client.

Well I only know what was reported. Just like Mr. Baez had to give up totals about what he had spent before asking for State funds maybe something similar happened. I compare this to the Caylee case with an Attorney with far less qualifications and say yup, sounds about right.

 

[goatman]

Well I only know what was reported. Just like Mr. Baez had to give up totals about what he had spent before asking for State funds maybe something similar happened. I compare this to the Caylee case with an Attorney with far less qualifications and say yup, sounds about right.

Sorry for jumping in here, but I think *our* confusion isn't with Houze having to give up how much he charges...but that in a different case, another lawyer read jail records and then reported to WW how much Houze charged. It wasn't Houze how much do you charge...

And if Houze was obligated to tell how much he charged, wouldn't there be a record of that somewhere?

 

[Patty G]

Originally Posted by Patty G
We are not on the same page. My post is with regards to an article WW has regarding a lawyer indicating what Houser was claiming to charge a potential client.

Well I only know what was reported. Just like Mr. Baez had to give up totals about what he had spent before asking for State funds maybe something similar happened. I compare this to the Caylee case with an Attorney with far less qualifications and say yup, sounds about right.

It's getting confusing in here. You are responding to a post that I wrote to someone else.

 

[grandmaj]

Sorry for jumping in here, but I think *our* confusion isn't with Houze having to give up how much he charges...but that in a different case, another lawyer read jail records and then reported to WW how much Houze charged. It wasn't Houze how much do you charge...

And if Houze was obligated to tell how much he charged, wouldn't there be a record of that somewhere?

Yes if he had to disclose it there would be a record but we would have to know the name of the defendant and search out the court records. I understand your point.

I guess for me it didn't seem to be out of line with what a very good defense attorney would charge. Especially since we don't know what the criminal charges might be.

 

[grandmaj]

It's getting confusing in here. You are responding to a post that I wrote to someone else.

LOL don't get confused .... I think we were talking about this a page or so back and I got interrupted and didn't answer you.

 

[Mylou]

Bunch is saying the motion is a surprise to him, and if Kaine's attorney had asked him, (Bunch) he could have set them straight without filing the motion. However, he may not know the truth. I doubt he is privy to the contract between Terri and Houze. He could be splitting hairs, too. Terri could have lied to him. She lied to somebody, that's for sure.

He must be in communication with Houze as those documents were sent to him as well as KH's lawyer.

 

[Nana46]

Oh lordy who is on first.....Abbott and Costello where are you when I need you,lol

 

[Emma Peel]

I think she probably pressed an extra zero on her cell phone when sexting MC her retainer amount.

Heck, no one collects a $350,000 retainer before the client is even charged. Even I know that. :crazy: It would be rather unseemly, frankly.

My thought is that $35,000 on retainer should be good for a few months, so long as the arrest was not made and there was no in discovery.

I could believe MC's such a fool he never thought to ask if she mis-typed it.

JMHO

 

[wondering1]

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

I haven't read through this entire thread yet, but there is no doubt that a 3rd party refers to someone other than the parties and their attorneys. MC would be a third-party, as would anyone else other than TH, KH and their respective attorneys. No question about this.

 

[goatman]

Yes if he had to disclose it there would be a record but we would have to know the name of the defendant and search out the court records. I understand your point.

I guess for me it didn't seem to be out of line with what a very good defense attorney would charge. Especially since we don't know what the criminal charges might be.

I understand your point as well! :dance:

I think we were looking at it from two different directions:

1. yeah, that much makes sense...
2. how did other lawyer know that Houze was charging that much?

And then discussing from there...:crazy:

 

[Nana46]

I understand your point as well! :dance:

I think we were looking at it from two different directions:

1. yeah, that much makes sense...
2. how did other lawyer know that Houze was charging that much?

And then discussing from there...:crazy:

And the other lawyer, Bunch, said the amount was a "gross representation" I believe he said, as to the amount....how would he know that? I am referring back to the 350,000....how does he state this in the filing....whose word is he taking on what Houze is charging TH?

 

[wondering1]

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?

It never counts in my jurisdiction at least. The bio parents have all the rights regarding anything to do with the child. Step parents have none. They can act as bio parents until someone says they can't. But if someone says no at some point, all bets are off.

 

[Jaxson]

BBM

Terri is Kyron's legal guardian?

By virtue of being married to his father. She is/was able to sign any medical documents, discuss medical problems with the doctors, pick up Kyron from school, etc.


ETA I did not mean as in a court giving her legal guardianship. Different thing.

 

[grandmaj]

I am not great at reading case law but the case law quoted in that filing had nothing to do with divorce or contempt charges. I'm wondering if there is precedent to stop a contempt charge especially since there has been no arrest.

 

[debs]

Isn't it possible, since we've never seen the actual message, that it was something like "yeah, he says my defense could cost up to $350,000" or somesuch?

 

[grandmaj]

Isn't it possible, since we've never seen the actual message, that it was something like "yeah, he says my defense could cost up to $350,000" or somesuch?

I was thinking the same thing. Or he gave her a flat rate charge for all legal matters.

 

[gwenabob]

By virtue of being married to his father. She is/was able to sign any medical documents, discuss medical problems with the doctors, pick up Kyron from school, etc.

Says who? I do not believe the law would back you up. She would have to have permission to do this.

 

[wondering1]

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

Assuming the info came from MC, his texts, etc. were turned over to LE and were made part of the record for in camera review in connection with the contempt motion. The motion specifically stated that the records were in the possession of KH's lawyer, and the lawyer confirmed that they received info from LE.

Imo, there is no reason to believe that KH doesn't have the information regarding the retainer fee text and that it was provided to his attorney by LE. They are not *pissed*. jmoo/imoo

 

[wondering1]

Thanks isn't enough!

I also want to point out that the RO was temporary. Anyone can walk into any courthouse and say they need a restraining order because they are afraid for their life. It's temporary until the court hears both parties and then makes the determination if a permanent one or no-violent contact order should be placed, if any at all.

If she doesn't contest it, it's in effect for a year unless the court decides to *drop it* for some other reason.