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

[wvjules]

How DARE she ask for this?!? Let's see, murder for hire, adultery, suspected in the disappearance of her stepson. What makes her think SHE is in the wrong here? What a narcissist.

Adultery? First, I've heard of that. Where can I find more info?

 

[1Chump]

bbm: none of these tmh "allegations" are in the divorce petition:
http://media.wweek.com/attach/2010/06/29/Divorce.pdf

http://www.koinlocal6.com/media/lib/107/e/1/2/e12f2287-ce0b-48e0-8d85-e3955216ae1b/FULLORDER.pdf the restraining order was granted: his reason listed for asking for the RO: Terri was tried to hire someone to kill him

bbm as for the sexting having nothing to do with the contempt charges I respectfully disagree
http://www.kptv.com/download/2010/0712/24229769.pdf

I have quoted a portion of the document:

"law enforcement has informed petitioners attorney respondent's stated personal relationship concerns and sexual overtures to Mr. Cook resemble those made to the man respondent previously attempted to hire to murder petitioner. Petitioner retains the actual cell phone related documents provided by law enforcement and asks that they be examined by the court in camera"

reason for RO: murder for hire
sexts to MC: according to LAW ENFORCEMENT similar to those TH shared with man she tried to hire to murder Kaine.[/QUOTE]

Where in the RO does it state that TH is not allowed to sext anyone? Where in the RO does it state that TH is not allowed to have any personal relationship? If it is not stated in the RO, then she cannot be held in contempt for it.

The Order for Contempt is not claiming that TH violated the Order in any way other than she alledgedly shared the sealed papers with others. The Order for Contempt is only asking for information specific to showing the "sealed" papers to others.


What does the alledged MFH have to do with TH alledgely showing anyone the sealed papers?

What does alledged personal relationship/sexual overtures have to do with showing anyone the sealed papers?

Where in the Order for Contempt does it ask the Judge to make any determination or any order regarding anything to do with MFH and/or personal relationship/sexual overtures?

The only issues that were necessary to support the Order for Contempt were how they know she allowed anyone to see and/or take pictures of the sealed papers.

IMO, all the rest was irrelevant to the Order for Contempt. Therefore, completely unnecessary and frivilous to the specific Order requested.

 

[1Chump]

If (and I do mean IF) it's accurate that TH failed/refused LDTs or portions thereof, that the phone pings and her accounting for where she was do not match up, that she was uncooperative with LE to any extent...I think that's plenty for Kaine to suspect she at least knows something about Kyron's disappearance.

Remember, he is eyewitness and earwitness to some of these goings-on; it's not just a vague "maybe" from LE that he's basing his position on. As much as I love my husband, if I were to witness the above with my own eyes or hear it from his own lips, I would be devastated but would have to consider he might be involved.

Then to add insult to injury, if I were shown credible information that he were looking to have me killed....well, I just don't think I could trust him, regardless whether there were enough proof of that or involvement in my child's disappearance to get a conviction.

And if I felt that way, the thought of being married to him for even one more second would make my skin crawl, especially if I thought he had involvement in my son's disappearance. I wouldn't have to wait for him to be convicted of any charges to want to break my ties to him.

Not sure how someone can be expected to stand by their mate in such a situation, no matter how deeply you've loved them. Kaine is a far better judge of her character and whether she's being truthful with him and with LE than we are, not to mention he's been witness to the process and evidence, whereas we haven't been; so I have to believe he has reason to feel the way he does, including (IMO) a lot he's unable to speak about because of the ongoing investigation.

IMO, I think it comes down to how strong your marriage truly is before a crisis. If your marriage is not strong to begin with, you will be quick to believe allegations. If your marriage is strong, you want real evidence that the person you married is someone you never knew.

IMO, anything that is not good enough as evidence in a court of law is not good enough for me. Innocent people are not only suspected but in some case convicted. Therefore, I would rather stand by my mate and find out LE was right then not stand by my mate and find out LE was wrong. Because I personally could not forgive myself if I turned my back on the person I loved and that person was innocent.

 

[desquire]

Hi, desquire. I agree for the most part with your post with a couple of exceptions.

Terri may be the only hurt financially, but I feel Kaine can make a case for continuing to be hurt emotionally by staying married to someone he (correctly or not) believes attempted to have him murdered,

Secondly, I'll give LE the benefit of the doubt that they're not complicit in embarking on a media crusade to persecute Terri.

Hi Sherbie. I absolutely agree with you on the first point but the judge can grant the divorce and dissolve the marriage immediately given Terri's stipulation. It's just the division of property and custody that would be held in abatement.

On the second point, I'd really like to agree with you, after all, LE can't control what Kaine says. But when they continue to give him information and he continues to use it the way he has, my IUPG foundation starts to crack. For me, that foundation crumbled after the DDS statements. Kaine made some pretty serious accusations with little to back them up. If LE had made those statements heads would have rolled in the Sheriffs Office. I really expected LE to publicly distance themselves from the KH & DY press events after that but there they all were standing together the other evening.

I like the way you think though and admit that I might be too cynical at times.

 

[AZlawyer]

Have any lawyers (esp. gitana) popped in on this thread yet? If not, let me just say that this is a very very normal request in divorce cases, nothing to see here, no reason to get excited. And such requests are routinely granted if the husband works and the wife does not.

 

[kimmera]

BBM

Well, this argument could be used for this entire case, IMHO. We don't know that Terri was mouthing off about the LDTs, we take Desiree's word for it. We don't know that Terri was being self-centered and worried about herself in the days after Kyron was first missing. We don't know if Terri claimed that she was driving around to soothe baby K's earache, we take the reliable source's word for it.

If the basis for commenting or forming an opinion was based on what we heard and us being there when it happened, then none of us should have an opinion about any of this, IMHO.

BBM~

Actually it wasn't just Desiree saying that. It was Kaine and even TONY, who as I am sure you will recall is a detective in Medford. He talked about her ranting about feeling persecuted in an interview a few weeks ago. I don't have a link handy, but I think it may have been the interview that he did with Desiree on one of the Saturday morning news shows, IIRC.

 

[Sherbie]

IMO, I think it comes down to how strong your marriage truly is before a crisis. If your marriage is not strong to begin with, you will be quick to believe allegations. If your marriage is strong, you want real evidence that the person you married is someone you never knew.

IMO, anything that is not good enough as evidence in a court of law is not good enough for me. Innocent people are not only suspected but in some case convicted. Therefore, I would rather stand by my mate and find out LE was right then not stand by my mate and find out LE was wrong. Because I personally could not forgive myself if I turned my back on the person I loved and that person was innocent.

My marriage is as rock solid as they come, and I think my husband hung the moon and stars, yet if I'd been privy to all we know Kaine has been privy to (not to mention what we might not even know about), I would have concerns.

If it were just my own interests I had to consider, I would probably stick it out til I just couldn't deny it any longer. However, if I had one child already missing (maybe dead) and another little precious one in the home with the person I have concerns about and LE is telling me my spouse tried to put a hit on me, the welfare of the little one would come before any loyalty to stick it out with the mate I love.

No problem...agree to disagree!

 

[Sherbie]

Hi Sherbie. I absolutely agree with you on the first point but the judge can grant the divorce and dissolve the marriage immediately given Terri's stipulation. It's just the division of property and custody that would be held in abatement.

On the second point, I'd really like to agree with you, after all, LE can't control what Kaine says. But when they continue to give him information and he continues to use it the way he has, my IUPG foundation starts to crack. For me, that foundation crumbled after the DDS statements. Kaine made some pretty serious accusations with little to back them up. If LE had made those statements heads would have rolled in the Sheriffs Office. I really expected LE to publicly distance themselves from the KH & DY press events after that but there they all were standing together the other evening.

I like the way you think though and admit that I might be too cynical at times.

Thank you, desquire! I'm enjoying your posts as well. I understand the dissolution can be stipulated and taken care of posthaste, but I believe -- if I understand it correctly -- the only way Terri will agree to an uncontested dissolution is if Kaine agrees to (and/or court approves) the abatement procedure? I believe her atty has made some good points in support of his argument.

However, Kaine may want to forgo the dissolution in favor of forcing Terri to be answerable to the court just in order to engage her in pleadings and possibly to get her under oath/force her to answer interrogatories, etc. It could get really messy, I'm afraid, because there's more than a divorce at stake ultimately.

I accept your point about the possibility of LE using the parents to disseminate certain information that they, themselves, cannot publicize -- in fact, during the parents' initial press conferences, I thought everything they said was probably carefully crafted by LE. It seems to me, though, that a large portion of the points KH and DY have made recently in the press are gleaned from either personal observation and belief or possibly from parties other than LE. I have mixed feelings about it.

At least Oregon doesn't have the Sunshine Law like Florida has -- can you imagine once documents start getting filed in a criminal case? I am especially thankful, for the sake of the other children in the family, they won't have to contend with that kind of public spectacle.

 

[Angel4u2Whisper2]

Have any lawyers (esp. gitana) popped in on this thread yet? If not, let me just say that this is a very very normal request in divorce cases, nothing to see here, no reason to get excited. And such requests are routinely granted if the husband works and the wife does not.

:angel: I can go unbunch my panties now?

 

[believe09]

Hypothetically - If she had nothing to do with Kyron then while she was also grieving the loss of Kyron, Kaine left her, took away her right to have any contact with her daughter, helped to destroy her publically so she had no one, but it is unfair to him that AFTER that she may have turned to another man for comfort?

IMO, For all intent purposes, they are both single. They are living separate lives. The only way not getting divorce right this minute harms either one is if they are planning to marry someone else.

I think that this is a fair statement. If that is how it actually happened. If she and MC did not hook up until after Kaine left.

The issue to me is not the hooking up-the issue to me is the contempt filing and whether or not she allowed MC to take cell phone pictures of a sealed document that he had no right to see, and whether or not the contempt order will be mitigated by an abatement....AND whether or not the reason for the abatement filing is to prevent Terri from having to testify to matters that may crossover from the civil and criminal cases.

 

[palladore]

Kimster closed the 350k Retainer thread and asked that we post here about it instead. Cypress, I was trying to answer your post when that thread was closed, in response to your comment that TH might have texted that it was gonna cost $350k vs. having actually paid that amount.

I don't think Kaine's atty would have had a basis to file the motion if they'd only had a text saying the case was going to cost "x" amount. I think there had to be an actual statement of money having been paid (or arrangements made therefor) in order for Rackner to have had the foundation to file the motion.

Maybe there's another option I'm not seeing, but I believe they must have a text saying or implying that TH had already actually paid (or made arrangements to pay) her atty. Thoughts, anyone?

The language used in the filing was "tendered payment" - which is legalese for "a binding commitment to pay" - if my research is correct.

 

[gitana1]

Hypothetically - If she had nothing to do with Kyron then while she was also grieving the loss of Kyron, Kaine left her, took away her right to have any contact with her daughter, helped to destroy her publically so she had no one, but it is unfair to him that AFTER that she may have turned to another man for comfort?

IMO, For all intent purposes, they are both single. They are living separate lives. The only way not getting divorce right this minute harms either one is if they are planning to marry someone else.

Respectfully, Kaine did not take her child. He requested that he be given sole custody with no visitation for TH and she failed to contest that. So, it was awarded to Kaine.
Also, she has never refuted or ever addressed any of his public comments regarding her. If someone made false allegations against me in public I'd sue the hell out of them. TH does not even deny these allegations.
To me the problem is not that she may have turned to another man for comfort, it's that she reportedly became highly sexually explicit at a time when a child, who for all intents and purposes, was her son, went missing. Find me a good person and a real parent who could do that. It's one thing to lean on someone else and gradually become attached, possibly months or years later becoming romantically involved. I could almost even understand one sexual encounter just to feel alive for a moment. But this that has been reported? Come on. It's just gross and shows a person who doesn't give a carp about her missing little boy.

On another note, does anyone know when the abatement motion is to be heard? I have not followed too closely. I think it can go either way, depends on what the judge thinks. I feel there would be merit to either decision.
I hope it's denied because i think the pressure may be a great way to get some answers.
Finally, I think I've seen other attorneys on here state that if it is granted, TH will not have to answer the RO contempt charges. IMO, unless the RO was consolidated with the disso, she'll still have to answer to that regardless of whether her motion is granted or not.

 

[Sherbie]

The language used in the filing was "tendered payment" - which is legalese for "a binding commitment to pay" - if my research is correct.

Thanks, palladore! I feel the text msg would have had to indicate payment or arrangements to pay had been made in order for Kaine's attorney to make that motion. I appreciate your looking that up!

 

[Donjeta]

IMO, TH's publically image has not improved in any manner nor has KH tarnished his own image. I personally have not ruled anyone out completely. That means I also have not ruled anyone in completely. My reasons are I have questions...questions that have not been asked and/or answered.

IMO, I still have questions. None of the speculation on the divorce is answering anyone of my questions. Yes it has brought up questions...questions of why is a divorce case being played out in public while Kyron is being lost.

BBM. Is it even possible to get all the divorce records sealed and have a secret divorce, if you happen to find yourself in a position to get divorced
when you're in the public eye, and have reporters digging up your stuff?

 

[Peliman]

Arrrg! The single biggest cause of divorce is marriage! <ducking>

 

[Donjeta]

I have to respectfully disagree.

I think it would be a gross injustice for either parent to be evaluated for the purposes of custody at this point. Gross injustice is an understatement really.

I believe that they're both under extreme stress right now and it would be reflected on their evaluations but I think that custody evaluations are pretty routinely done when the people involved are under extreme stress and not looking their best because the custody issues often tend to come up when there are crises in families such as an unamicable divorce, abuse or allegations of abuse, mental health problems, addictions etc.

Baby K needs her parents regardless, not just whenever it's a good time for them to be evaluated (if it's ever a good time).

 

[believe09]

I am sure this has already been stated, but it is customary to try and get attorney's fees when you are the respondent. After all, he filed for divorce, she did not. He is working, she is not. SOP in my opinion.

Now, IF there is a chance that she had some kind of windfall that allowed her to offer a substantial retainer to either Burch or Houze, it might get Kaine clear of having to pay her fees, or if he (Kaine) can show that she was the one who caused the divorce to be filed by her actions....

 

[wondering1]

I believe that they're both under extreme stress right now and it would be reflected on their evaluations but I think that custody evaluations are pretty routinely done when the people involved are under extreme stress and not looking their best because the custody issues often tend to come up when there are crises in families such as an unamicable divorce, abuse or allegations of abuse, mental health problems, addictions etc.

Baby K needs her parents regardless, not just whenever it's a good time for them to be evaluated (if it's ever a good time).

That's what I was thinking. On the other hand, this situation is *extremely* extreme. And I wonder if that will matter to the court. Typically, it would not. And (sorry if I offend anyone with this opinion) but as far as a custody evaluator not being willing to work on the case..oh, hahahaha. First, they know what side their bread's buttered on (court referrals), and second, I've never met a custody evaluator who wasn't interested in his or her extremely high compensaton more than the actual case. The only time I've ever seen a CE decline to participate is when the retainer has not been paid, in advance. And just try to get a refund. Somehow, the time spent always exceeds the retainer -- even if it doesn't. jmoo.

 

[1Chump]

BBM. Is it even possible to get all the divorce records sealed and have a secret divorce, if you happen to find yourself in a position to get divorced
when you're in the public eye, and have reporters digging up your stuff?

IMO, the court can be asked to seal anything. However, the minute I heard about the divorce/RO, I questioned why the divorce now. The RO was sealed. The RO would have given KH everything he has NOW without it being public. The media NEVER would have known to start "digging" for more.

 

[Donjeta]

IMO, the court can be asked to seal anything. However, the minute I heard about the divorce/RO, I questioned why the divorce now. The RO was sealed. The RO would have given KH everything he has NOW without it being public. The media NEVER would have known to start "digging" for more.

I'm not so sure about that because the supersecret RO did not stay that way for long having been shown to outsiders and I think the media would have noticed that Kaine moved out with the baby and started digging. IIRC there were rumors about them the weekend he moved out as it was, before the filing for divorce came out.