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

[WhyaDuck?]

I don't think it is the divorce that Terri's lawyer is worried about. According to Bruce McCain this will stop all ability for Kaine to file any more motions having to do with the custody, divorce, contempt. And that all of the motions currently filed would also be put on hold.

So that means that Terri would not testify in any of these matters until the possible criminal matters are brought to a completion.

Just getting him to take a breather from all these motions would likely be a help for them. One after the other, and none of them good news, that's for sure. Not that I expect a "Beloved Kitties and Puppies Motion" in all this mess, but his motions and things is getting a little hydra-esque.

 

[Tuffy]

Here's what I wonder. If LE did in fact provide the alleged communications to KH's attorney, why on earth are they providing at taxpayer expense, investigative work to a private citizen's divorce action. Taxpayers do not pay for other taxpayer's divorce, to the best of my knowledge.

If there was an allegation of contempt of a court order, why would LE not turn this over to the DA to file criminal charges.

This all seems wrong, odd, and weird to me. MOO

They were investigating Kyron's disappearance when they came upon this information. The police were not investigating for the purpose of providing information for Kaine's divorce.

 

[SurfieTX]

Did someone have a link to something that stated Houze charges $250,000.00 for cases? That is incredible to me. That is a years worth of income for an attorney. I can see $25,000.00 for a long term criminal trial, and appeals, (well, maybe a little more for appeals), but adding that extra 0 is beyond understanding. (Unless you an attorney for Brad Pitt or some mega star.) How many years would you be making payments to an attorney that charges that much?

As you can see, I still don't believe the $350,000.00 quote.

I believe the retainer is used for everything associated with the case in terms of investigative fees, paperwork fees, possible professional witness(es), etc. It's not just for the attorney exclusively. This case is going to generate a MOUNTAIN of evidence and paperwork. And that's gonna cost TH a bunch.

 

[believe09]

During the Dateline airing they stated (the narrator) that KH and DY had provided them HUNDREDS of photos.

IF TH is found innocent, and she has sold photos/stories/book rights...how is this any different then what DY and KH have already provided (don't know if they got any money).

I completely agree that if she were be found guilty then that would be a whole other ball game. But right now, is it fair to say "because we SUSPECT you did something-this is not okay for you to do, but when we do it, it is okay"?

If they were that worried about pictures/stories/videos/books...where was the necessity in providing hundreds?

Not criticizing, bashing, ect. ect. I am just throwing out some "questions for discussion" that have been tumbling around in my head.

****let the throwing of rotten fruit ensue***

Moo, moo, moo, and all that jazz.

Dont misunderstand me-I am not saying TH is guilty, or that she sold pictures yada yada. I am raising it as a possibility only. Of course, I would like to know if Desiree and Kaine licensed the hundreds of photos that they gave out to the networks. It raises the stakes for them as well.

I am glad that there are hundreds of photos floating around simply because it keeps him in the news which is crucial.

I do think, however, it is fair to speculate on an amount of money that the attorney refers to in this filing and it's source. At the minimum in this divorce, she would have to fill out and sign financial paperwork that was legally binding and would disclose the source of this money. Kaine too. Under penalty of perjury. She will not have to do so IF the court agrees to abate the divorce.

 

[WholeLottaRosie]

They were investigating Kyron's disappearance when they came upon this information. The police were not investigating for the purpose of providing information for Kaine's divorce.

Exactly. So, it seems odd it turned up there. MOO

 

[LoveEndsWar]

Hey not sure if this was discussed but last night I had a thought about this amount of money when I couldn't sleep (I have read the majority of this thread and didn't see this thought yet..) but my initial thought was OhEmGee She sold Kyron! Then I considered "the rights to the story" everyone was discussing,,,but #1 hurt my heart and diverted my thought to: Do you think she could have gotten some money from the body building and kept it under wraps?

 

[Calliope]

They were investigating Kyron's disappearance when they came upon this information. The police were not investigating for the purpose of providing information for Kaine's divorce.

That doesn't answer her (IMO) excellent question: why was a private citizen provided information from a taxpayer-funded criminal investigation for use in his civil divorce case? An investigation where the same taxpaying public is being told over and over that information gathered is not to be released. For possible illegal activity like violating the RO? Ok, I'll accept that... but information regarding 'sexting' and how much Terri claims to have paid for her attorney? It's not the business of LE to be helping someone in their private civil case. That's what Kaine's attorney is for; let HER hire a private investigator or question Cook and get him to hand over the texts.

p.s. I love your bunny!

 

[Tuffy]

That doesn't answer her (IMO) excellent question: why was a private citizen provided information from a taxpayer-funded criminal investigation for use in his civil divorce case? An investigation where the same taxpaying public is being told over and over that information gathered is not to be released. For possible illegal activity like violating the RO? Ok, I'll accept that... but information regarding 'sexting' and how much Terri claims to have paid for her attorney? It's not the business of LE to be helping someone in their private civil case. That's what Kaine's attorney is for; let HER hire a private investigator or question Cook and get him to hand over the texts.

p.s. I love your bunny!

Thanks, I like your bunny too.

I thought the main concern was the taxpayers paying, but if it really comes down to the police telling this information to Kaine, I don't have a problem with it. I think I would be more upset if they didn't disclose information like this to him since he would be directly harmed by not knowing.

I don't think it is the business of LE to be helpful, but sometimes they just are. I wonder if they showed Kaine all of the texts, or if they just gave him the relevant information?

ETA- or maybe they weren't just being helpful. Maybe they were questioning where TH got that kind of money as well?

 

[Shear22]

That doesn't answer her (IMO) excellent question: why was a private citizen provided information from a taxpayer-funded criminal investigation for use in his civil divorce case? An investigation where the same taxpaying public is being told over and over that information gathered is not to be released. For possible illegal activity like violating the RO? Ok, I'll accept that... but information regarding 'sexting' and how much Terri claims to have paid for her attorney? It's not the business of LE to be helping someone in their private civil case. That's what Kaine's attorney is for; let HER hire a private investigator or question Cook and get him to hand over the texts.

p.s. I love your bunny!

KH was provided with that information by LE because 1) his life was potentially in danger and 2) he is the parent of a missing child whose disappearance is being investigated. LE shared information with him for those reasons. If he chose to use that information for his divorce (and who wouldn't?), that has nothing at all to do with LE.

 

[Patty G]

Did someone have a link to something that stated Houze charges $250,000.00 for cases? That is incredible to me. That is a years worth of income for an attorney. I can see $25,000.00 for a long term criminal trial, and appeals, (well, maybe a little more for appeals), but adding that extra 0 is beyond understanding. (Unless you an attorney for Brad Pitt or some mega star.) How many years would you be making payments to an attorney that charges that much?

As you can see, I still don't believe the $350,000.00 quote.

It was in a confusing WW news article.

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.

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

 

[Tuffy]

Hey not sure if this was discussed but last night I had a thought about this amount of money when I couldn't sleep (I have read the majority of this thread and didn't see this thought yet..) but my initial thought was OhEmGee She sold Kyron! Then I considered "the rights to the story" everyone was discussing,,,but #1 hurt my heart and diverted my thought to: Do you think she could have gotten some money from the body building and kept it under wraps?

I'm not into bodybuilding so this is just an educated guess on my part, but that sounds like a lot of money for "women's bodybuilding prize money."

I think she would have had to win a lot of competitions, or have wisely invested any of her winnings to end up with $350,000. MOO

 

[ThoughtFox]

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

I agree with others that KH probably knew about the amount through a text message.

"Written" has more than one meaning - Egyptian Hieroglyphics carved on a wall are "written language." Words printed in books are "written." Therefore, it doesn't have to be handwriting to make something written. (Sorry - English major here mincing words). Typing is still written language because people are spelling out words.

When you "put something in writing" it doesn't matter if you type it or write it out long-hand, it is still "written."

http://www.merriam-webster.com/dictionary/written

Etymology: Middle English, from Old English wrītan to scratch, draw, inscribe; akin to Old High German rīzan to tear and perhaps to Greek rhinē file, rasp
Date: before 12th century
transitive verb
1 a : to form (as characters or symbols) on a surface with an instrument (as a pen) b : to form (as words) by inscribing the characters or symbols of on a surface c : to spell in writing <words written alike but pronounced differently> d : to cover, fill, or fill in by writing <wrote ten pages> <write a check>
2 : to set down in writing: as a : draw up, draft <write a will> b (1) : to be the author of : compose <writes poems and essays> (2) : to compose in musical form <write a string quartet> c : to express in literary form <if I could write the beauty of your eyes &#8212; Shakespeare> d : to communicate by letter <writes that they are coming> e : to use or exhibit (a specific script, language, or literary form or style) in writing <write Braille> <writes French with ease> f : to write contracts or orders for; especially : underwrite <write life insurance>
3 : to make a permanent impression of
4 : to communicate with in writing <we'll write you when we get there>
5 : ordain, fate <so be it, it is written &#8212; D. C. Peattie>
6 : to make evident or obvious <guilt written on his face>
7 : to force, effect, introduce, or remove by writing <write oneself into fame and fortune &#8212; Charles Lee>
8 : to take part in or bring about (something worth recording)
9 a : to introduce (information) into the storage device or medium of a computer b : to transfer (information) from the main memory of a computer to a storage or output device

 

[believe09]

That doesn't answer her (IMO) excellent question: why was a private citizen provided information from a taxpayer-funded criminal investigation for use in his civil divorce case? An investigation where the same taxpaying public is being told over and over that information gathered is not to be released. For possible illegal activity like violating the RO? Ok, I'll accept that... but information regarding 'sexting' and how much Terri claims to have paid for her attorney? It's not the business of LE to be helping someone in their private civil case. That's what Kaine's attorney is for; let HER hire a private investigator or question Cook and get him to hand over the texts.

p.s. I love your bunny!

I dont know that it was specifically handed over to him for the purposes of the divorce case-whose to say it was not handed over to him during the regular briefings regarding the criminal case? It all seems to be tied together imo. And he is entitled to briefings concerning this case and the material found that will not hinder the investigation if it is released to him.

 

[21merc7]

It was in a confusing WW news article.

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.

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

Thank you PattyG. So this is just a rumor at this point. However, he may have thought the client could pay it, or maybe he just did not want that particular client, lol, or maybe that client was embellishing. We cannot be sure what this is about.

Any way you look at it, there is no way he could think that TH has that kind of money and is "good for it." She has no job, hasn't for I don't know how long. Will be interesting to see what comes of the hype.

 

[grandmaj]

Just getting him to take a breather from all these motions would likely be a help for them. One after the other, and none of them good news, that's for sure. Not that I expect a "Beloved Kitties and Puppies Motion" in all this mess, but his motions and things is getting a little hydra-esque.

Kaine and Desiree seem to believe that Kyron is stashed somewhere. Now in that they are not receiving cooperation, this is just one method to keep the hammer down on Terri and whomever she might be operating with.

I would love to believe that Kyron is being held. I'm not sure I can make that stretch.

But I am of the opinion that Kaine should take every legal remedy he can at this point to ensure that Terri is not profiting from a crime if she committed one.

 

[grandmaj]

Dont misunderstand me-I am not saying TH is guilty, or that she sold pictures yada yada. I am raising it as a possibility only. Of course, I would like to know if Desiree and Kaine licensed the hundreds of photos that they gave out to the networks. It raises the stakes for them as well.

I am glad that there are hundreds of photos floating around simply because it keeps him in the news which is crucial.

I do think, however, it is fair to speculate on an amount of money that the attorney refers to in this filing and it's source. At the minimum in this divorce, she would have to fill out and sign financial paperwork that was legally binding and would disclose the source of this money. Kaine too. Under penalty of perjury. She will not have to do so IF the court agrees to abate the divorce.

I guess the opposite thought is if the family sells rights to pictures to forward their cause of finding out what happened to Kyron, I see no problem with that.

But if Terri is selling them to make money for her defense of a crime she may have committed against Kyron, that is tantamount to re-victimization. And, that would really upset me.

 

[WhyaDuck?]

I'm not into bodybuilding so this is just an educated guess on my part, but that sounds like a lot of money for "women's bodybuilding prize money."

I think she would have had to win a lot of competitions, or have wisely invested any of her winnings to end up with $350,000. MOO

I agree!

I think I may see this as more money than others, or something, as to me, this is a wagon load of money! I don't think she'd get it from pictures, her "story," weight lifting competition, or from selling Kyron. Maybe from a combination of a whole bunch of these options, but I don't see any of these things covering it.

The only possibility that makes any sense is that her parents (or some wealthy friend, etc.) helped her out, somehow. But I am really leaning towards this being an erroneous sum. (Or that she just didn't pay it all yet, etc.)

MOO!

 

[Wrinkles]

Per the message asking the follwoing question by Debs...

Originally Posted by Jaxson
>>In this case anything is possible but IF LE told Kaine that it 'could cost up too' and Kaine told his attorney 350,000 with out that qualifier he would be lying wouldn't he?<<

I thought that Bunch said that Terri was the one who grossly overestimated?

Per the motion (p. 6):

>>As an example, Petitioner recently file a request for suit money. In the request, Petitioner grossly misstated the amount of money paid to Stephen Houze.<<

Kaine is the Petitioner in the motion -- thus Bunch is saying that Kaine "grossly misstated."

 

[helpfulcharlie]

For those who have a problem with LE providing info to Kaine which might be relevant to his divorce proceeding, I think part of that might have been a concerted effort to get Terri into court for SOMETHING so that she'd have to be on the record, under oath, in some capacity. Much more difficult with Houze at the helm, but I do believe that was the intent. I tend to fall in line with the theory that this is the motivation behind the multiple document filings that occur periodically.

 

[ThoughtFox]

That doesn't answer her (IMO) excellent question: why was a private citizen provided information from a taxpayer-funded criminal investigation for use in his civil divorce case? An investigation where the same taxpaying public is being told over and over that information gathered is not to be released. For possible illegal activity like violating the RO? Ok, I'll accept that... but information regarding 'sexting' and how much Terri claims to have paid for her attorney? It's not the business of LE to be helping someone in their private civil case. That's what Kaine's attorney is for; let HER hire a private investigator or question Cook and get him to hand over the texts.

p.s. I love your bunny!

The police encouraged Kaine to protect his daughter after learning about the murder for hire plot. That is why he was shown the text messages - he probably wouldn't have believed them otherwise because up till then he made excuses for Terri's behavior. But the truth is the truth, and she was sexting with two other men and talking about having him killed!

He had every right to use that information to protect himself and his daughter. The police aren't just there to protect Terri - Kaine and the others have rights, too, and Kaine was another possible victim and also Kyron's biological father. Kyron missing plus the possible murder plot were adding up to danger for the rest of the family.