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

[Donjeta]

When did this change?

Terri also has an older son, J***, who lives with her, Bunch said.

http://www.portlandtribune.com/news/story.php?story_id=128648892311734600

 

[gitana1]

I shuffled this around too as to why Houze would not want her to contest. The only other 2 reasons I could come up with are: (1) Terri did a LOT of other questionable things that point to her guilt, but don't necessarily make her guilty per se (sexting, etc.) and (2) He is trying to protect her public image as much as possible. I say that based on the editorials I read about him not being a "grand-standing" type of lawyer, et al.

That said, she had the opportunity to amend the RO for visitation, which she did not do. I'm not sure how a RO gets amended to include visitation. Does that require that she testify or have a psych eval?

I get your point as to the first part but then I come back to the same argument I have made all along: An innocent mother is going to say, "The hell with that! This is my baby we're talking about that they are trying to take from me. Public image be damned!"

As to the second, I found it very interesting that Bunch said TH would seek to amend the RO as to parental contact, if granted the abatement and I cannot wait for that to happen. Because unless KH agreed to visitation, which I seriously doubt he will, all the same issues come into play that are present or were present in contesting the RO. "Your honor, I disagree with any contact at all. We will prove that TH is a danger to our baby. She tried to have me killed and had something to do with the disappearance of Kyron, the child she raised as her own." Then TH would have to decide, once again: "Do I make him prove his case and say nothing? Do I contest the allegations and testify?" It's the same set of circumstances as before, essentially. Why would she not do it then but would now? And yes, she could be asked to testify (but could plead the fifth) and she could be compelled to undergo a psych eval and/or custody evaluation. So I am very interested in seeing what happens next.
My guess? She won't go for a modification or try to amend. But Bunch said she would so we'll see.

 

[Donjeta]

So- in your legal opinion-is there any way Terri can be not guilty and yet doing what she is doing? Or rather, what she is not doing? (as far as divorce action).

(I am trying to hang on to my last piece of rotting fence...)

A very un-legal opinion but it was alleged that she was ready to have MC lie to her lawyer. If she did that or if her lawyers believe she did that they might not trust her every word. If her lawyers aren't quite convinced that she is innocent, mightn't they possibly advise her to proceed in ways that try to take into account that she could be guilty of something and shield her in that case? She might not understand the differences between a probably guilty client strategy and a probably innocent client strategy or might choose to the lawyers' advice anyway because they're professionals, possibly figuring that if she can't convince her own attorney the chances of convincing a court are not good.

 

[cluciano63]

If she is guiilty, she is guilty, I don't have any stake in this, as it is clear at least to me, that Kyron is not okay and being cared for someplace. So someone is guilty of harming him and if it is her, she needs to be caught and charged and convicted. I hate these legal motions and wish this divorce was not a factor in the midst of all this...

I can't imagine how Desiree feels, she must have hoped something would come out yesterday, even if she knew it was not likely...

 

[32beatspersecond]

Could be that kyron's return is already prearranged as part of the original plan...

 

[Adrienne37]

Gitana1 = I just wanted to take a moment to say thank you very much for providing us with all of this legal insight. You are a wonderful asset to this forum.

 

[Adrienne37]

JMO but it sounds to me like Terri's goose is cooked!!

 

[debs]

I'm glad to see that a court of law stood up and defended Terri's rights.

 

[desquire]

My point is that if TH is innocent, but, as some have suggested, fears she may be incriminated somehow anyhow by testifying, this would be an option. She knows there is no proof, she's innocent, so contest the allegations by making KH provide actual proof, without testifying.
Of course I would never suggest this if I was TH's attorney and there was a chance that she was guilty.
But this is answer to those who say that she may be innocent and cannot contest the RO at all for fear of self-incrimination. My answer is there is a way to contest the allegations without self-incrimination.
Remember, there is a baby at the center of this. If the choice for an INNOCENT woman is between not doing anything at all and losing all contact with her baby indefinitely, or forcing KH to prove his case, and thus having a shot and being with her kid, she has an option. Of course I think her option if innocent would be to get up there and testify openly.
In any event, I personally think TH is guilty and thus contesting the RO in any way could be very dangerous.

I guess we will respectfully agree to disagree. At this point it's a safe bet that the case against Terri will be circumstantial and that she doesn't have a verifiable alibi for the whole day. That's a precarious position for an innocent person to be in and I would never advise an innocent person facing these circumstances to risk making her position worse just to overturn a temporary restraining order. It could be a terribly pyrrhic victory. The RO expires in about10 months if there's no domestic relations order sooner; conviction for murder is for keeps.

 

[debs]

I have another question: Who is "we"??

After the hearing, Kaine Horman said he is satisfied with the judge's decision.

“I think it’s a great step in the right direction," he said. "We want to get through this as quickly as possible. We want to get the kids in their routines and then, outside of the divorce, we want to get Kyron in a nice, stable household."

And what about getting baby K into a "nice, stable household"??

http://www.kptv.com/news/25317391/detail.html

 

[Angel4u2Whisper2]

I have another question: Who is "we"??

After the hearing, Kaine Horman said he is satisfied with the judge's decision.

“I think it’s a great step in the right direction," he said. "We want to get through this as quickly as possible. We want to get the kids in their routines and then, outside of the divorce, we want to get Kyron in a nice, stable household."

And what about getting baby K into a "nice, stable household"??

http://www.kptv.com/news/25317391/detail.html

Just a guess...his lawyer? Desiree? regarding Kyron..

 

[Donjeta]

"we want to get Kyron in a nice, stable household."
I think the reporter may have misheard and he might have meant baby K. This is strangely phrased if he's talking about Kyron IMO because it is putting the cart before the horse and giving the family court powers that it doesn't have. The divorce court ruling can't do anything to get Kyron in a nice stable household unless he is found first.

 

[SurfieTX]

I have another question: Who is "we"??

After the hearing, Kaine Horman said he is satisfied with the judge's decision.

“I think it’s a great step in the right direction," he said. "We want to get through this as quickly as possible. We want to get the kids in their routines and then, outside of the divorce, we want to get Kyron in a nice, stable household."

And what about getting baby K into a "nice, stable household"??

http://www.kptv.com/news/25317391/detail.html

Isn't she already? Kyron isn't. But, I do understand the questions about the "we" part.

 

[citigirl]

I have another question: Who is "we"??

After the hearing, Kaine Horman said he is satisfied with the judge's decision.

“I think it’s a great step in the right direction," he said. "We want to get through this as quickly as possible. We want to get the kids in their routines and then, outside of the divorce, we want to get Kyron in a nice, stable household."

And what about getting baby K into a "nice, stable household"??

http://www.kptv.com/news/25317391/detail.html

I think he and his lawyers. I believe he feels baby K is already in a stable household. Do you really not understand what he means? Whether you agree or disagree, it's hard for me to believe you don't understand what he means. I thought we were not allowed to bash Kaine. He is not a suspect in this case--defacto or otherwise.

 

[debs]

Isn't she already? Kyron isn't. But, I do understand the questions about the "we" part.

IMO, it's very odd, like one of those candid moments that people say something they don't realize until later they've said. Weird!

 

[tlcya]

When did this change?



http://www.portlandtribune.com/news/story.php?story_id=128648892311734600

I can only assume if true then the teenage son from her previous marriage who was sent away from the Horman home earlier this year to live with grandparents and then bio father is the person he is referring to. I do not know this is fact but I have heard it reported that Terri moved from the family home into her parents home. The teenage son was possibly already residing there, at least part of the time.

Just deductions on my part, no proof to offer.,

 

[Donjeta]

IMO, it's very odd, like one of those candid moments that people say something they don't realize until later they've said. Weird!

I thought the quote was odd too when I first saw it, it sounded like he knew something we don't about Kyron coming back. It seems strange that he is talking about the children in plural when he only has one accounted for for the time being but maybe it is just his way of holding on to hope and saying that they're still waiting for Kyron to come home alive and things getting back to normal soon, a bit like enrolling him to soccer and buying him a book bag was.

 

[Donjeta]

I can only assume if true then the teenage son from her previous marriage who was sent away from the Horman home earlier this year to live with grandparents and then bio father is the person he is referring to. I do not know this is fact but I have heard it reported that Terri moved from the family home into her parents home. The teenage son was possibly already residing there, at least part of the time.

Just deductions on my part, no proof to offer.,

Yes, that's who he's talking about. Just wondering because in August it was reported that they saw each other occasionally and talked on the phone.

 

[grandmaj]

If you are making accusations about Kaine now is the time to clean up your baiting. NOW

Post lands at random.

 

[debs]

I thought the quote was odd too when I first saw it, it sounded like he knew something we don't about Kyron coming back. It seems strange that he is talking about the children in plural when he only has one accounted for for the time being but maybe it is just his way of holding on to hope and saying that they're still waiting for Kyron to come home alive and things getting back to normal soon, a bit like enrolling him to soccer and buying him a book bag was.

That, and I guess for me, that "we" is inclusive in the family way, not the lawyerly way. Like there's someone else helping get those "routines" set for the kids. Like someone helping make that "household".......IMO.