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

[tragco]

In court for the Horman hearing-- first time Terri and Kaine are in the same room together. Intense- they're both avoiding eye contact

http://twitter.com/Araksya/#

 

[Chili Fries]

Because she has Constitutional Rights, and no one has to like that but the 5th Amendment also protects against the State bringing unfounded charges without allowing the Defense to address them, and especially when those accusations have denied her the right to her home and her family.

I'm just not seeing this debs. She's had ample time to contest the RO.

 

[nursebeeme]

Brief recess over, Laura Rackner, Kaine's attorney, arguing why divorce proceedings should move forward

http://twitter.com/KOIN_Local_6

 

[Aedrys]

Actually, it's Kaine who's thinking about money, IMO. He wants to know where the $ for Terri's lawyer came from, so he and attorney can decide if he can claim half of it as marital assets. Let's see, half of the rumored $350,000 = a lot of money. A lot.

As he should be. This stay at home mom who wasn't working suddenly has 350,000 to spend on her defense? And she still wants half of his assets too? I'd be worried about that if I was him. I wouldn't want any of my hard earned money going to defend the woman I believe took my son, nuh uh, no way.

 

[debs]

If LE was genuinely worried for Kaine's safety they had an obligation to give him the info.

Where's Gitana? This thread needs an attorney.

My point is that Kaine Horman specifically noted in his application for the RO which has denied Terri access to her home and her daughter, that he got the information directly from LE. Once he stated that, he was stipulating that the State (Prosecution includes LE) had provided one side information and is denying the defense the right to see that same information due to it being an active criminal investigation.

If it was so important to protect that information from Terri, whose son is missing also, then it should have been handled much differently for Kaine. What they did, in essence, is violate their own cause of "ongoing investigation" by revealing this information to the extent they did. And now Terri's attorney is arguing that she has the right to that same information, due to LE's own violation of their rule.

 

[SurfieTX]

"Originally Posted by debs
I looked on the RO for where it was claimed she committed domestic violence, even passively by not responding. There is no claim of that outside of Kaine's statement that in his opinion Terri tried to hire someone to kill him and kidnapped his son. It seems to me the RO was granted on unsubstantiated statements, which then forces Terri into a civil suit against Kaine at some point in time for defamation. All very perplexing.

Gitana's reply:

It was granted, apparently, on unsubstantiated allegations. The way for TH to have dealt with that was to request a hearing and contest the allegations. TH could have done that even without actually testifying - that's her right - by merely objecting to hearsay allegations and forcing Kaine to provide actual proof, not just hearsay. My law partner did that in a case where criminal charges were pending for the same alleged DV. He didn't put the client on the stand at all, just ripped apart the so-called evidence.
So answer me this, how would such a strategy act to open TH up to self-incrimination? It wouldn't because she would not be testifying. But she'd be forcing Kaine to put up or shut up and she would show that she's not going to just back down and take having her kid ripped from her. The fact that she didn't, even though challenging the allegations without testifying was an option, speaks volumes to me. She did not want Kaine to outline his evidence for some reason. Why?"

[ame="http://www.websleuths.com/forums/showpost.php?p=5621660&postcount=146"]http://www.websleuths.com/forums/showpost.php?p=5621660&postcount=146[/ame]

 

[seeking truth]

With all due respect, Terri's attorney DOES have the right to that information, and should have long before now gotten it, since the State felt it necessary to give it to Kaine, who is using it in this civil court case. The State had no obligation to give it to Kaine.

If they had left it at "Look, we need you to take K and leave. We can't tell you why, but just do it." that would have been one thing. kaine horman indicated the State gave him specific information regarding an ongoing investigation which he is now using against Terri, and in this case, denying her the right she has constitutionally to know what it is the State has against her.

Goose/gander.

I was under the impression that the state has filed no charges against Terri. They have not officially labeled her as a suspect or even a person of interest. For this very reason, I believe, so that Terri and her attorney cannot see what the state has gathered against her.

I'm not here to argue. The police had a duty to tell Kaine that his wife had sought out someone to kill him. That is information he can use in a civil suit; which he did, allowing him to keep his daughter and himself safe (hopefully). Why would her criminal act allow her access to any information the "state" has gathered against her? No charges have been filed against her.

We may be discussing different aspects of what is going on and I am not trying to be right. These are my thoughts and my OPINIONS about what I believe I understand regarding Terri, Kaine,their divorce, and MAINLY,the fact that TERRI IS UNOFFICIALLY THE SUSPECT IN A MISSING CHILD CASE.

Again, these are MY OPINIONS.

 

[nursebeeme]

My point is that Kaine Horman specifically noted in his application for the RO which has denied Terri access to her home and her daughter, that he got the information directly from LE. Once he stated that, he was stipulating that the State (Prosecution includes LE) had provided one side information and is denying the defense the right to see that same information due to it being an active criminal investigation.

If it was so important to protect that information from Terri, whose son is missing also, then it should have been handled much differently for Kaine. What they did, in essence, is violate their own cause of "ongoing investigation" by revealing this information to the extent they did. And now Terri's attorney is arguing that she has the right to that same information, due to LE's own violation of their rule.

like I said earlier... this would be good info to ask a lawyer...

 

[Dee10]

With all due respect, Terri's attorney DOES have the right to that information, and should have long before now gotten it, since the State felt it necessary to give it to Kaine, who is using it in this civil court case. The State had no obligation to give it to Kaine.

If they had left it at "Look, we need you to take K and leave. We can't tell you why, but just do it." that would have been one thing. kaine horman indicated the State gave him specific information regarding an ongoing investigation which he is now using against Terri, and in this case, denying her the right she has constitutionally to know what it is the State has against her.

Goose/gander.

BBM...I believe, they are only required to do that if she contested the RO, which she chose not to.

 

[Kat010]

As he should be. This stay at home mom who wasn't working suddenly has 350,000 to spend on her defense? And she still wants half of his assets too? I'd be worried about that if I was him. I wouldn't want any of my hard earned money going to defend the woman I believe took my son, nuh uh, no way.

She wants half of his assets? Has there been a court filing on that? Someone close to me had an emergency quadruple bypass, so I'm behind, and I sure haven't been to our reference section yet this week.

Is the request limited to half the house and savings? Or does it include pension, etc? TIA, Aedrys.

 

[Aedrys]

She wants half of his assets? Has there been a court filing on that? Someone close to me had an emergency quadruple bypass, so I'm behind, and I sure haven't been to our reference section yet this week.

Is the request limited to half the house and savings? Or does it include pension, etc? TIA, Aedrys.

I have no idea. I just read that she wanted everything divided down the middle if Kaine was willing to do that today. That seems like all assets to me.

 

[Chili Fries]

My point is that Kaine Horman specifically noted in his application for the RO which has denied Terri access to her home and her daughter, that he got the information directly from LE. Once he stated that, he was stipulating that the State (Prosecution includes LE) had provided one side information and is denying the defense the right to see that same information due to it being an active criminal investigation.

If it was so important to protect that information from Terri, whose son is missing also, then it should have been handled much differently for Kaine. What they did, in essence, is violate their own cause of "ongoing investigation" by revealing this information to the extent they did. And now Terri's attorney is arguing that she has the right to that same information, due to LE's own violation of their rule.

I don't believe it's a rule. I think it's just a strategy they can alter any time they see fit.

 

[gardeness]

What posts? :waitasec: Am I missing something, or is this just snark?

The posts amongst the threads--I read regularly for a couple of months, then had to go back to read and catch up for the times I wasn't around...HTH!

 

[Nana46]

This whole mess is like a bad movie...I am so tempted to leave and come back later knowing all you good folks will keep me updated.......but like a bad movie I cannot move:banghead:

 

[Sailor Bug]

My point is that Kaine Horman specifically noted in his application for the RO which has denied Terri access to her home and her daughter, that he got the information directly from LE. Once he stated that, he was stipulating that the State (Prosecution includes LE) had provided one side information and is denying the defense the right to see that same information due to it being an active criminal investigation.

If it was so important to protect that information from Terri, whose son is missing also, then it should have been handled much differently for Kaine. What they did, in essence, is violate their own cause of "ongoing investigation" by revealing this information to the extent they did. And now Terri's attorney is arguing that she has the right to that same information, due to LE's own violation of their rule.

And what if the information Kaine recieved from LE was verbal...to save his life from the MFH?

 

[freefallzzzz]

KOIN_Local_6 KOIN_Local_6
Rackner: Publicity has "Nothing to do with mr. horman's conduct, it has to do with mrs horman's conduct -- she's brought that to the case
35 seconds ago

 

[YellowSubmarine]

As he should be. This stay at home mom who wasn't working suddenly has 350,000 to spend on her defense? And she still wants half of his assets too? I'd be worried about that if I was him. I wouldn't want any of my hard earned money going to defend the woman I believe took my son, nuh uh, no way.

So, so agree! I don't know why some people question why Kaine is wondering where TH suddenly got this windfall of money from. I mean, she is the one he thinks is responsible for the disappearance of his son. His son is gone and she's possibly responsible and she suddenly has hundreds of thousands of dollars and no one thinks Kaine's hinky meter should be going off? Here's this woman he was married to and thought he knew. Then his son goes missing on her watch and he finds out she tried to hire someone to murder him. I would want to know EVERYTHING!

 

[SurfieTX]

I have no idea. I just read that she wanted everything divided down the middle if Kaine was willing to do that today. That seems like all assets to me.

I find this confusing too. The abatement apparently included BOTH custody and financial issues. Can the judge grant the abatement order just for either/or and not both? :waitasec:

 

[debs]

I have no idea. I just read that she wanted everything divided down the middle if Kaine was willing to do that today. That seems like all assets to me.

Actually, Bunch's statement was that he was willing to proceed today if Kaine agreed to divide everything today. There was no mention of "assets" and I actually took that to mean divide the divorce from the custody from the criminal accusations.

But even if it meant assets, it only said "divide everything today" and made no mention of equality of share.

 

[Aedrys]

My point is that Kaine Horman specifically noted in his application for the RO which has denied Terri access to her home and her daughter, that he got the information directly from LE. Once he stated that, he was stipulating that the State (Prosecution includes LE) had provided one side information and is denying the defense the right to see that same information due to it being an active criminal investigation.

If it was so important to protect that information from Terri, whose son is missing also, then it should have been handled much differently for Kaine. What they did, in essence, is violate their own cause of "ongoing investigation" by revealing this information to the extent they did. And now Terri's attorney is arguing that she has the right to that same information, due to LE's own violation of their rule.

No, she doesn't. There hasn't been any charge of any kind against Terri. Police are not just going to hand over info against someone who hasn't been charged. That's akin to giving Joe Schmo on the street police info. She might be their de facto suspect, but that does not give the her same rights as if she is a named suspect and charged with something. The police station might as well install revolving doors where they store their records if anyone could get their hands on information just because their name has come up in an investigation. Until she is charged and made an actual suspect, she has no right to any information. She is Joe Schmo until the police arrest her and charge her.