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

[desquire]

The fact that Rackner has an unredacted copy is information we didn't know yesterday afternoon when this hit. Like others have said (including me), she would have to be stupid to creatively edit the original to further her story and I'm sure she's not stupid. If she had a clean unredacted copy to work from, that tells me that the redacted texts are between MC and a third-party and not relevant.

I was originally concerned that she was working off an already redacted version provided to Kaine by the police. In that case, the other texts could have been redacted for almost any reason.

 

[Donjeta]

Not a third party, IMO, they're all MC and Terri.

Several of their text message exchanges June 30, obtained by Kaine's lawyer from law enforcement, were redacted in Exhibit A filed in court, but Kaine's lawyer alerts the court that she has the complete, unredacted copy that could be made available for the judge's examination.

http://www.oregonlive.com/portland/index.ssf/2010/08/kaine_hormans_lawyer_files_tex.html

BBM refers to Terri and MC if you look at the context.

Another link:

The documents include a list of text messages, most of which have been redacted, that Rackner said are between Terri Horman and Michael Cook.

http://www.kptv.com/news/24651217/detail.html

 

[SleuthyMama]

If you read it, it just doesn't flow like that. I don't care how romantically inept they may be, no one mixes a discussion of legal fees in and around their dirty talk. It's counterproductive.

Respectfully, I did read it. And I still stand by my thinking that those redacted parts could be sexually explicit. I've seen m.u.c.h. stranger things happen.

 

[Wrinkles]

Well, her attorney stated that estimate was grossly overstated. I'll take him at his word, since it's his fee, after all.

Yup, despite TH stating "350 K" in her texting (documented) there are a number of people who don't believe "her."

 

[Emma Peel]

I can't be sure I understand the concern or question or suspicion here... But, is there a concern Kaine & counsel are actively calling and notifying all the media with the timing of the divorce documents? If so, I'll comment on that.

The media (and there's a number of outlets) is requesting public record information on this case in general. They've clearly done that here. They were (even I was) expecting these texts would surface as part of the documentation for the motion requesting info on how Terri paid the $350K that was on the texts. They probably have been checking daily to get the texting documentation scoop for that motion.

Likely, media staff phones & travels to the courthouse regularly with a list of cases they are following in the even there are new dox to pick up - as a matter of course - it's media. They put the request in a bit early and the court says "copies haven't arrived yet", and the media says "notify us when it's ready". Business as usual. The Court is responsive to the public's requests - it's their role to be responsive.

Not to forget - media has been camped outside the courthouse for two weeks for the GJ to watch people on the street in and out of the building.

That being said - I agree both parties have the opportunity to manipulate media because it's a high profile divorce case.

We don't know if the choice to make these requests in writing via a formal court motion was either a choice, or the result of a less formal request via attorney-to-attorney letters that was met with a denial, forcing Kaine's attorney to move the court to force this issue. But that's where Kaine and attorney can apply strategy. At that motions stage. However, even that realization is mitigated by the fact that attorneys are expected to argue vigorously for their clients, and they are expected to apply all sorts of strategy anyway. What we would watch for are completely frivolous motions. We'll see.

IMO it's too soon to tell if that's happening here yet.

It's a high profile divorce during a criminal proceeding. I expect we'll see it play out in the media as would the divorce of a high profile Mafia boss. And there's nothing much Kaine, Terri can do to prevent that - and even then, Kaine & Terri will not be making final legal choices on specifically what to file. Counsel will. :cow: :cow:

 

[tlcya]

So it was exactly as many of us suspected. The $350,000 question has been answered. That is not the amount she has paid but rather the amount she told someone her attorney was going to cost. Ballpark I am sure but not really an unreasonable figure if you are anticipating being charged criminally in the disappearance of your stepson. Look at other high profile cases (Anthony comes to mind) and how costly they are to defend. I am betting that this was a ballpark figure Terri was given as to how much legal fees COULD run for such a defense. She then told MC the lawyer was going to cost 350K.

 

[wondering1]

Perhaps she's misleading the media.

How could it not be both?? I'm really not seeing what all the suspicion is about here. All that she put in the record was the minimum amount of evidence to support the attorney fee issue, and told the court that the rest of it is available. I really truly don't get what you're driving at. Especially since the issue is attorneys' fees. A very *unsexy* issue, as they say.

 

[wondering1]

Is there a readable link to the filing somewhere?

A google search found this: Kaine Horman Court Papers Objecting to Terri Horman's Request to Delay Divorce Proceedings



I knew legalese was supposed to be hard to read but this goes above and beyond duty.

What???...that looked pretty typical to me.

It's in post 270 on p. 11 of this thread.

 

[gwenabob]

It depends upon how the media outlet that "broke" the story obtained this information, either in hand or a *tip* to go to the courthouse, or simply by searching the court records on their own. Filed on 8/11 makes me think they were nudged in that direction.

I know for a fact that the Oregonian has a reporter assigned to the courthouse beat. I have spoken with her on the phone. She goes to the courthouse on a regular basis and looks at all the new filings. It is her job. She is in no way unique.

With a high profile case like this, reporters from every local outfit probably check the court every day. Nobody needs to tip them off.

There is nothing suspicious or underhanded about this. It's normal business.

 

[gwenabob]

How many times are they allowed to go back and forth with the motions? Is he allowed to answer Rackner's response? And so on?

1. Motion
2. Response
3. Reply

4. Argued before a judge. Judge makes decision.

 

[gitana1]

Tough to argue that a delay in addressing the custody issue would be detrimental to the interests of the children when you are the one who has sole custody of those children in the meantime.

I think that refers to money issues. Best interests of the kids to have access to any large sums that the mother may be hiding. That kind of thing.

 

[debs]

I think that refers to money issues. Best interests of the kids to have access to any large sums that the mother may be hiding. That kind of thing.

I can't imagine, from anything we've observed of him since this started, that Kaine Horman would be unaware that there was a large sum of money missing from the family account. If there was, then why not have his attorney ask for a forensic accounting of her funds, rather than demand to know how she's paying for a criminal attorney she got after he filed divorce papers?

 

[nursebeeme]

Hold on a minute.

Why are we thinking these court filings, which the press have picked up from the public record, have been leaked by Kaine?

Public records are not leaks AFAIK.

I am just catching up... but AMEN Miss Peel!

And whether Terri actually PAID 350k... well that is what they will get to the bottom of.

It is, however, what she stated that he COST.

The point is to get to the bottom of it and they will.

 

[Calliope]

1. Motion
2. Response
3. Reply

4. Argued before a judge. Judge makes decision.

So one more to go ....

 

[BeanE]

Hold on a minute.

Why are we thinking these court filings, which the press have picked up from the public record, have been leaked by Kaine?

Public records are not leaks AFAIK.

For the same reason we think that when Kaine and Desiree do interviews they're leaks from LE?

 

[STEADFAST]

For the same reason we think that when Kaine and Desiree do interviews they're leaks from LE?

I don't see the comparison, except that I don't think these situations are leaks -- not the divorce filings nor the interviews.

I think it's easy to start seeing everything that's happening in this case as a show for spectators. The real case is being played out by investigators and the grand jury and the guilty party or parties, and we aren't privy to 99% of all that is going on, and I don't think Kaine and Desiree are either.

I don't see any of the actions of Kaine or Desiree as being anything but completely normal and understandable under the circumstances. I would not stay silent if I believed someone had harmed my child, and I would not refrain from filing whatever divorce papers needed to be filed.

This case is so starting to remind me of what Beth Holloway had to endure when she was looking for justice for her daughter.

 

[BeanE]

I don't see the comparison, except that I don't think these situations are leaks -- not the divorce filings nor the interviews.

I think it's easy to start seeing everything that's happening in this case as a show for spectators. The real case is being played out by investigators and the grand jury and the guilty party or parties, and we aren't privy to 99% of all that is going on, and I don't think Kaine and Desiree are either.

I don't see any of the actions of Kaine or Desiree as being anything but completely normal and understandable under the circumstances. I would not stay silent if I believed someone had harmed my child, and I would not refrain from filing whatever divorce papers needed to be filed.

This case is so starting to remind me of what Beth Holloway had to endure when she was looking for justice for her daughter.

A perceived leak is a perceived leak is a perceived leak. Personally, I think leaks are rare, and usually quite obvious.

I agree that the actions of Kaine and Desiree are normal and understandable under the circumstances. Nothing in life prepares us for our child to go missing. There's no guidebook for what to do when it happens, and the parents are traumatized, likely beyond anything that's ever happened to them before. There is no normal to it really, nor is there any good, bad, right, or wrong to it - they do the best they can - it's all any parent in that situation can do.

I agree that the real case is being played out by investigators and the perp(s).

 

[Emma Peel]

A perceived leak is a perceived leak is a perceived leak. Personally, I think leaks are rare, and usually quite obvious.

I agree that the actions of Kaine and Desiree are normal and understandable under the circumstances. Nothing in life prepares us for our child to go missing. There's no guidebook for what to do when it happens, and the parents are traumatized, likely beyond anything that's ever happened to them before. There is no normal to it really, nor is there any good, bad, right, or wrong to it - they do the best they can - it's all any parent in that situation can do.

I agree that the real case is being played out by investigators and the perp(s).

Hey BeanE - I'm wondering how we would classify the Terri and Dede police flyers? Leaks? Perceived Leaks? Obvious Leaks? or Tools of the Investigation? :biggrin:

 

[Emma Peel]

Just adding:

I'd imagine a motion for sealed divorce proceedings and closed courtroom is not out of the realm of possibility here.

For example, I don't think the media can go to the court and get Al & Tipper's divorce motions. Betting they're sealed.

I don't really know, I'm just musing and moo-ing. :cow:

 

[nursebeeme]

imho
1) court documents are not leaks
2) bio parent interviews are in their own words/thoughts and not leaks

``````

furthermore imhoo the divorce and texts about the divorce are about just that: the divorce and the restraining order (it's violation, etc)

moo baaah quack neigh cockadoodledoo