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

[desquire]

Two points -- TH is seeking the abatement, so the burden is on her to show why it's necessary. Not on KH to show why it isn't. The court could find that her reasons don't justify the relief sough even if it completely rejects KH's arguments about why it's unnecessary. Although I have to say, I rarely see a Judge force a case forward if there's ANY way it can be taken of the docket instead.

Second, you seem to be saying that KH's motives are bad and wrong, while TH's are sterling. I disagree with that completely. TH has already demonstrated that she's willing to give up all access to her toddler rather than take the chance of testifying or pleading the 5th. That clearly is her objective in this instance as well, imo.

And KH's motive isn't to *sling mud* as I see it -- as if that would be necessary. TH is practically loading the mud and hitting the *sling* button herself, imo. I can see that one of his strategies, if not his exclusive strategy, is to force TH to cave on all issues so she can once again avoid testifying or allow herself to be evaluated by a custody evaluator. My my, that won't look good, will it. Sounds like a pretty good strategy to take if you happen to be married to someone who you believe tried to have you killed and disappeared your son one way or another. And I think he and his lawyer know it will work, because it already has happened once. jmoo

jmoo

I actually agree with most of what you said. The only thing I would disagree with you on is the issue of motives. I actually give Kaine more credit than you do. I don't think he is slinging the mud to get a better divorce settlement - if he is, it won't work because divorces are pretty much a mathematical exercise these days and courts don't care about the underlying relationship issues or who was the better person. I think he's slinging the mud to pressure her to talk in the Kyron case, which is a good and pure motive in my mind. I also think Terri is more concerned about the effect of the divorce proceeding on her prospects in the criminal case than vice versa. Either way, she is motivated solely by self-interest. So I give Kaine more credit on the motive front.

I do think that, however honorable his motive, Kaine is really abusing the court system by putting nasty allegations about Terri in these filings - even though they are clearly legally irrelevant to the issue addressed - and then releasing the motions to the press at the same time he submits them to the court.

 

[Sherbie]

Thanks for this Sherbie! :yes: Seems to me that both, Kaine and Terri, would want to ward off some of the investigative areas. moo mho

Very welcome! I can definitely understand why Terri would not want this to occur. But I'm curious why you think Kaine might want to ward off some of the investigative areas.

 

[pufnstuf]

The Exhibit A texts were sent on June 30 between 11:08 PM and 11:26 PM.

 

[Sherbie]

Beyond that, the word used before was "retain", not "paid". My stepfather's firm charged a standard 10% retainer. And attorneys do need to do so much pro bono work, and if you can combine that with the free PR on a high profile case, so much the better.

The original response filed by her attorney noted that legal expenses were not claimed to be marital debt, meaning they plan to make a case that she has in fact paid a retainer, and the remainder will be paid out over time.

That said, I've found it curious they put so much effort into delaying the divorce for the purposes of holding off a judgement on custody and division of marital assets. I'll say now what I said then, either she has access to unknown thousands of dollars, or her team believes there is hope for her to get some form of custody and some access to marital assets.

Hi, rnmif I think it's because the court would order an investigation into several areas of the parents' lives (see the statute in my post above). I think she really can't submit herself to that right now, if at all possible.

 

[Emma Peel]

I have this niggling feeling that won't go away that suggests that MC was asked to engage Terri and she refused to play beyond the informational Kyron is missing level, and that someone else took it upon themselves to send pictures of Terri in flagrante delicto in order to bolster the public's view of her.

MC says he never had sex with Terri. I can't imagine anyone engaging a woman who is at the center of attention for sexting purposes at all, unless there is a motive behind it. That motive just keeps seeming to benefit Kaine in his divorce from Terri. For each time a person asks "Why would Terri do this?" I always say "How do we really know it was her that did?"

For instance, what if she'd taken those pictures (if they indeed exist) and had done so in a "spice up the marriage" moment? Then, in the heat of the investigation, MC insinuates himself close to her. She takes his attention as a comfort, not a sexual come-on, but someone else sees the opportunity to just dig her deeper into scandal.

What I know is that it cannot be proven based on the information we have here, that Terri is the one who sent those photos and sexts to MC. All we can know is that it appears something of that nature was sent between the two phones. Who really had Terri's phone, since it is obvious she had need of a bat phone.

BBM

The trouble I'm having with your suggestion that Terri wasn't having a sexting relationship with MC is that we are looking at the texting relationship on this thread, using the phone you're theorizing that Terri didn't have posession of. :waitasec:

I could be missing something obvious that you're assuming...

However, IIRC, MC reciprocated, sending Terri's phone his own sexy sexts of himself.

Anyway, I have a hard time following this logically.


Otherwise, a very complicated conspiracy theory suggesting a man who was deeply mourning his missing son and had just grabbed his toothbrush and baby girl and ran for his life from what LE told him was a woman who tried to take a hit out on him had little better to do than to send dirty pictures of his ex-wife to a crazy person he knew from high school in between press and LE meetings and visits to the Wall of Hope.

Well, at least to me, it sounds complicated.

Plus, there'd be no motive - since Kaine already had her (divorce & custody-wise) on the MFH allegations, etc., which he didn't invent. That was a gift from LE.

 

[BetteDavisEyes]

If Kaine is now baby K's sole legal guardian and HE thinks it is in her and Kyron's best interests to have his divorce finalized quickly, then this is what he believes. It's not up to us to say it makes "no difference" to the children if he remains married to Terri - as their legal guardian it's up to Kaine to decide how important it is to the welfare of his children.

Respectfully edited. Kyron's best interests? Hmmm. Kaine wants to act in the best interests of both of his children? Does this mean that Kaine has information about Kyron's whereabouts and when the missing boy might return to the family domicile? Curiosity is gonna kill me one of these days

 

[Sherbie]

I actually agree with most of what you said. The only thing I would disagree with you on is the issue of motives. I actually give Kaine more credit than you do. I don't think he is slinging the mud to get a better divorce settlement - if he is, it won't work because divorces are pretty much a mathematical exercise these days and courts don't care about the underlying relationship issues or who was the better person. I think he's slinging the mud to pressure her to talk in the Kyron case, which is a good and pure motive in my mind. I also think Terri is more concerned about the effect of the divorce proceeding on her prospects in the criminal case than vice versa. Either way, she is motivated solely by self-interest. So I give Kaine more credit on the motive front.

I do think that, however honorable his motive, Kaine is really abusing the court system by putting nasty allegations about Terri in these filings - even though they are clearly legally irrelevant to the issue addressed - and then releasing the motions to the press at the same time he submits them to the court.

I totally agree with your first paragraph, although I'm not sure we can totally separate "the Kyron case" from the divorce proceedings since Terri is clearly under suspicion for his disappearance and that has an impact both on Kaine's wanting a divorce and custody of the daughter.

I'm wondering which nasty allegations you're referring to as being not relevant to divorce/child custody issues. Should he have not brought up the MFH plot or the lurid sexting messages at all? And if not in a filing, then what other way to include them in the legal proceedings? Thanks.

 

[debs]

BBM

The trouble I'm having with your suggestion that Terri wasn't having a sexting relationship with MC is that we are looking at the texting relationship on this thread, using the phone you're theorizing that Terri didn't have posession of. :waitasec:

I could be missing something obvious that you're assuming...

However, IIRC, MC reciprocated, sending Terri's phone his own sexy sexts of himself.

Anyway, I have a hard time following this logically.


Otherwise, a very complicated conspiracy theory suggesting a man who was deeply mourning his missing son and had just grabbed his toothbrush and baby girl and ran for his life from what LE told him was a woman who tried to take a hit out on him had little better to do than to send dirty pictures of his ex-wife to a crazy person he knew from high school in between press and LE meetings and visits to the Wall of Hope.

Well, at least to me, it sounds complicated.

Plus, there'd be no motive - since Kaine already had her (divorce & custody-wise) on the MFH allegations, etc., which he didn't invent. That was a gift from LE.

I guess I missed where these sexty's were posted in this thread.

 

[SurfieTX]

It seems obvious to me that this was one of the "bat phones" because Kaine had had moved out by the 30th and this transcript was from MC's phone's records. For a Wednesday night, they both stayed up pretty late, IMO. Or, it could be that I'm just old and washed up in my 40s.

 

[eyes4crime]

Very welcome! I can definitely understand why Terri would not want this to occur. But I'm curious why you think Kaine might want to ward off some of the investigative areas.

I'm thinking about the excellence of Terri's crim defense attorney. Wouldn't Houze use the fact that Kaine's brother was recently convicted of a sex crime? How about the restraining order issued by Desiree to keep him from taking their children? Or the affair he was having when his wife was 8 months pregnant? Don't know if any of those would count, but I feel sure that Terri would add even more to the list if given a chance. And if they don't count - why not? TIAmoo mho

 

[21merc7]

I'm thinking about the excellence of Terri's crim defense attorney. Wouldn't Houze use the fact that Kaine's brother was recently convicted of a sex crime? How about the restraining order issued by Desiree to keep him from taking their children? Or the affair he was having when his wife was 8 months pregnant? Don't know if any of those would count, but I feel sure that Terri would add even more to the list if given a chance. And if they don't count - why not? TIAmoo mho

They all count, and anything else that has happened, is or is not, for both parents.

 

[21merc7]

It seems obvious to me that this was one of the "bat phones" because Kaine had had moved out by the 30th and this transcript was from MC's phone's records. For a Wednesday night, they both stayed up pretty late, IMO. Or, it could be that I'm just old and washed up in my 40s.

BBM

You are not alone. Late for me, but even 90 something year olds tell me I go to be too early, sad but true. Hey, I have to wake up to a squawking alarm to go to work, 11 pm? Never. Call before 8 pm or forget it, lol!

 

[jadejazzkayla]

I actually agree with most of what you said. The only thing I would disagree with you on is the issue of motives. I actually give Kaine more credit than you do. I don't think he is slinging the mud to get a better divorce settlement - if he is, it won't work because divorces are pretty much a mathematical exercise these days and courts don't care about the underlying relationship issues or who was the better person. I think he's slinging the mud to pressure her to talk in the Kyron case, which is a good and pure motive in my mind. I also think Terri is more concerned about the effect of the divorce proceeding on her prospects in the criminal case than vice versa. Either way, she is motivated solely by self-interest. So I give Kaine more credit on the motive front.

snipped and bolded by me......desquire, could you explain the bolded statement more? I don't understand what your driving at. TIA

 

[Littleone48]

I have this niggling feeling that won't go away that suggests that MC was asked to engage Terri and she refused to play beyond the informational Kyron is missing level, and that someone else took it upon themselves to send pictures of Terri in flagrante delicto in order to bolster the public's view of her.

MC says he never had sex with Terri. I can't imagine anyone engaging a woman who is at the center of attention for sexting purposes at all, unless there is a motive behind it. That motive just keeps seeming to benefit Kaine in his divorce from Terri. For each time a person asks "Why would Terri do this?" I always say "How do we really know it was her that did?"

For instance, what if she'd taken those pictures (if they indeed exist) and had done so in a "spice up the marriage" moment? Then, in the heat of the investigation, MC insinuates himself close to her. She takes his attention as a comfort, not a sexual come-on, but someone else sees the opportunity to just dig her deeper into scandal.

What I know is that it cannot be proven based on the information we have here, that Terri is the one who sent those photos and sexts to MC. All we can know is that it appears something of that nature was sent between the two phones. Who really had Terri's phone, since it is obvious she had need of a bat phone.

Debs I agree 100% with you. I will go one step further and say that I have some doubts about the MFH also. The sticking point for me is why would she call 911? Why not just shut the door and be done with it?

Either this woman is very smart and dangerous or she is being set up. I opt for the latter. IMO

 

[Emma Peel]

I guess I missed where these sexty's were posted in this thread.

The texts are posted here showing the texting communication between Terri and MC. Are you not proposing that someone else had Terri's phone and was doing the sexting?

We're looking at the texting relationship - wouldn't the same phones be used for the sexting relationship?

I don't mind being told that there's something I don't understand.

My confusion is how text/sext messaging on the same phone by different people is done such that the person sending the texts never has any idea the phone they are holding has also been sending sexts.

I'm aware Kaine is a high tech guy...but if it's your phone, can't you see all the sexts your phone has sent?

LOL.

Now that I see it typed, I'm thinking everyone really really should know that. :yes:

 

[debs]

I'm thinking about the excellence of Terri's crim defense attorney. Wouldn't Houze use the fact that Kaine's brother was recently convicted of a sex crime? How about the restraining order issued by Desiree to keep him from taking their children? Or the affair he was having when his wife was 8 months pregnant? Don't know if any of those would count, but I feel sure that Terri would add even more to the list if given a chance. And if they don't count - why not? TIAmoo mho

I don't know what Houze could use Kaine's brother's conviction on child molestation, or what value Desiree's restraining order more than 5 years ago, or what could be gleaned from Kaine's adulterous relationship with Terri almost 8 years ago to forward Terri's potential criminal case now.

 

[Jules71]

Ok, wait a minute. I find that whole "it's in the news so we can talk about it" thing bizarre.

Like first of all, Terri was sending this man pictures of her hoo hah and who knows what else, and all of a sudden this guy is worried about only talking about things that were in the news already? I mean, doesn't that just seem so weird to even make that comment?

This woman is showing you parts of her body, engaged in sexual acts and is presumably making overt sexual comments as well and Cook is worried about talking only about things that have been stated in the news?

And why does his comment remind me of what we try and follow here? That unless it has been talked about in the press/news, it should be off limits? I feel weird saying that, but that was my initial reaction...I thought why does that remind me of WS?

bbm. Bear with me, I am only on page 2 - but I second this. It is exactly what I thought as I read it too.

 

[Sherbie]

I'm thinking about the excellence of Terri's crim defense attorney. Wouldn't Houze use the fact that Kaine's brother was recently convicted of a sex crime? How about the restraining order issued by Desiree to keep him from taking their children? Or the affair he was having when his wife was 8 months pregnant? Don't know if any of those would count, but I feel sure that Terri would add even more to the list if given a chance. And if they don't count - why not? TIAmoo mho

Okay, I'll take a stab at it. Unless the brother is suspected of having untoward contact with his (KH's) children (and even then, in such a fashion that Kaine should have known and prevented it), I don't think the actions of the brother can be brought up in reference to Kaine whatsoever.

I think probably the affair with Terri during Desiree's pregnancy would also be irrelevant and inadmissible because it happened during a prior marriage. Ditto for any TRO in that marriage that didn't result from something nefarious or criminal or child-endangering (not to mention Desiree has allowed him uncontested custody for years and years).

But I do see what you mean in general...and I am sure Houze will go after him as hard as he can and that TH will have at least some ammunition with which to arm him. From what we've seen, I don't know of anything that would disqualify Kaine from having custody, but there's always something in just about every marriage to throw at the other person.

Thank you so much for explaining!

 

[eyes4crime]

I don't know what Houze could use Kaine's brother's conviction on child molestation, or what value Desiree's restraining order more than 5 years ago, or what could be gleaned from Kaine's adulterous relationship with Terri almost 8 years ago to forward Terri's potential criminal case now.

Sherbie put up information showing what would be investigated, saying that Terri wouldn't want such scrutiny. The investigation would delve into both, Kaine and Terri's family history, character, etc I was wondering why Kaine's family history and character wouldn't be considered. I was told it would.

 

[TxLady2]

Its not really about it being distasteful to me. Its the fact that shes supposed to not have sex on the brain when her step son who she claims to love is missing. This also was a new affair, I think, started just days after the child goes missing. and its with Kaines friend. Its really, really, bizarre, I mean are we supposed to give Terri a pass because she is a uber sexual being or something, because thats not an excuse. Her bizarre behavior is rivaling in Casey Anthonys brave walk to her office at Universal, cops in tow.

I mean there is no difference between what Terri did, and what Scott Peterson did with Amber Frey.

So how long is the waiting period between the time a tragic event happens and a person can have sex on the brain again?
I mean, I know people who use sex for comfort. Maybe not with the BFF of their spouse, but still... some do.
Ron C. got married and went on a honeymoon to NYC when Haleigh was missing a month.
Scott P. was playing around with Amber BEFORE Laci went missing.