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

[grandmaj]

So they didn't deny that she drinks to excess, they didn't deny that she passes out, they pretty much confirmed the sexts were from Terri to M. Cook, they didn't deny that she failed the polys, they didn't deny she has emotional issues, they didn't deny that baby K may have witnessed "some unimaginable act or horror"..

And can you imagine they can even say

"It is becoming evident that Father's mission is to completely destroy and sabotage the mother/child relationship," :waitasec:

snip:
Terri Horman's lawyers said the text messages between their client and Cook aren't relevant to whether Terri Horman should be allowed to see her daughter, were "gratuitously included" by Kaine Horman and his lawyer and violate state civil procedure.

No denial in fact he admits they are between Cook and his client.

But this is the kicker

snip
"However, rather than making a long-range and reasoned assessment of what is in Kiara's best interests, Father is focused on Mother's destruction."

My question is.... When did Terri attempt to make a long-range and reasoned assessment of what was in Kyron's best interest? :waitasec: She lawyered up, lied about her activities that day and attempted to circumvent surveillance on her through use of "clean phones" among other questionable actions. I really can't believe Houze can say that with a straight face.

Where is the denial? All I see is a lawyer pounding his fist.

 

[gwenabob]

So they didn't deny that she drinks to excess, they didn't deny that she passes out, they pretty much confirmed the sexts were from Terri to M. Cook, they didn't deny that she failed the polys, they didn't deny she has emotional issues, they didn't deny that baby K may have witnessed "some unimaginable act or horror"..

And can you imagine they can even say

"It is becoming evident that Father's mission is to completely destroy and sabotage the mother/child relationship," :waitasec:

snip:
Terri Horman's lawyers said the text messages between their client and Cook aren't relevant to whether Terri Horman should be allowed to see her daughter, were "gratuitously included" by Kaine Horman and his lawyer and violate state civil procedure.

No denial in fact he admits they are between Cook and his client.

But this is the kicker

snip
"However, rather than making a long-range and reasoned assessment of what is in Kiara's best interests, Father is focused on Mother's destruction."

My question is.... When did Terri attempt to make a long-range and reasoned assessment of what was in Kyron's best interest? :waitasec: She lawyered up, lied about her activities that day and attempted to circumvent surveillance on her through use of "clean phones" among other questionable actions. I really can't believe Houze can say that with a straight face.

Where is the denial? All I see is a lawyer pounding his fist.

Excellent post. Complaining about flies but refusing to acknowledge the cow pie his client left in the middle of the room.

BBM>By the way, I thought I would remind people that this motion was filed by Bunch, not Houze, though I suspect Houze has his finger on the keyboard as well.

 

[mmmagique]

News is released late here often because they want it to be held for our evening news and such. The Oregonian is a newspaper, so I'm not sure why they did it late too? Maybe it's when they were able to get it from the court and then uploaded etc. etc.

This particular case has a history. If you're waiting on news on the Kyron case, DO NOT go to sleep early on a Friday night! *lol*

Well, it seems every time I do I miss something good. (or at least something very interesting!)

 

[grandmaj]

Gwen you are correct Bunch is the divorce lawyer,, but..... the article starts out stating it was both attorneys.

snip
Terri Moulton Horman's lawyers say Kaine Horman is focused on his estranged wife's "destruction,"

and then says further down


snip
"Peter Bunch and criminal defense attorney Stephen Houze said in a motion Friday."

Oh yes Houze is in this up to his elbows, he has no choice because of what could come in the future. :hug:

 

[citigirl]

I wonder why they didn't seize upon the argument that the texts were just a few of hundreds. Or, if they don't know what the other texts say, why they didn't ask to see them.

I really would like to see the motion for myself...

 

[gwenabob]

Gwen you are correct Bunch is the divorce lawyer,, but..... the article starts out stating it was both attorneys.

snip
Terri Moulton Horman's lawyers say Kaine Horman is focused on his estranged wife's "destruction,"

and then says further down


snip
"Peter Bunch and criminal defense attorney Stephen Houze said in a motion Friday."

Oh yes Houze is in this up to his elbows, he has no choice because of what could come in the future. :hug:

Yeah, I guess you are right. It does say both attorneys filed the motion. Hmm. Well, I guess since she hasn't been charged in a criminal case yet, Houze has to do something to earn some of that retainer money!! :whistle:

 

[grandmaj]

Yes I agree I would like to see the actual records. But it is possible that they couldn't get their hands on the true copy if filed late due to public record request requirements.

So how do they have this?

 

[grandmaj]

Yeah, I guess you are right. It does say both attorneys filed the motion. Hmm. Well, I guess since she hasn't been charged in a criminal case yet, Houze has to do something to earn some of that retainer money!! :whistle:

At this rate she is going to blow through that 350K alleged amount very quickly.

 

[cluciano63]

I know they have to do what they do-but none of this will help find Kyron. If Terri is guilty, she will never confess and if she isn't, I think his case will go unsolved.

 

[ami]

snipped,

""It is also becoming evident that no matter what the court may ultimately order, there is no reason to believe that Father will do anything other than to continue to engage in these harsh tactics, to the utter detriment of his daughter.""

So they're trying to set up parental alienation, and say that Kaine shouldn't have sole custody because no matter what, his anger won't allow him to act in baby K's best interests..?

""The sole issue that needs to be addressed in Mother's motion is whether there are appropriate, supervised circumstances under which Kiara can be reunited with her mother. However, rather than making a long-range and reasoned assessment of what is in {K's} best interests, Father is focused on Mother's destruction. "

Weirdly, "Mother" refuses to say a word, answer a question or talk about anything that would need to be discussed for someone to properly evaluate custody... all necessary to make a "long-range and reasoned assessment of K's best interest" --- I'm not sure how they could even pretend their client is capable of talking about long-range ANYthing at this point.

 

[goatman]

"Horman and his lawyer also included hearsay and irrelevant personal text messages gained from the ongoing criminal investigation into Kyron Horman's disappearance, the two said."

Welp, that answers one of my questions...looks like LE is actively helping KH in his divorce case.

Is that legal? Is that ethical?

 

[A_News_Junkie]

They did it this late on a Friday afternoon because that's the typical news dump day, when you file something hoping that the public's weekend activities will trump their interest in news stories.

Anyway, in a nutshell, Houze and Bunch's filing amounts to: "Ouch. That hurt!"

Yes and also it was an attempt to keep reporters from asking, "Does this mean your client will now have to testify?" That, IMHO is why we (the public searching for Kyron) got those text messages - a tactic to force TH to testify thus opening her up to be questioned on anything.

 

[A_News_Junkie]

Yes I agree I would like to see the actual records. But it is possible that they couldn't get their hands on the true copy if filed late due to public record request requirements.

So how do they have this?

MC took a pic with his cell phone? :waitasec::angel::angel::angel::angel::angel:

 

[Trt]

"Horman and his lawyer also included hearsay and irrelevant personal text messages gained from the ongoing criminal investigation into Kyron Horman's disappearance, the two said."

Welp, that answers one of my questions...looks like LE is actively helping KH in his divorce case.

Is that legal? Is that ethical?

BOTH Kaine AND Terri's attorneys obtained these text messages from LE. They are helping Kaine no more than they are helping Terri by providing those text messages.

 

[gwenabob]

I know they have to do what they do-but none of this will help find Kyron. If Terri is guilty, she will never confess and if she isn't, I think his case will go unsolved.

Well, what do think think would help find Kyron? This is a big place and they have looked and looked. What do you suggest? How should it be handled?

 

[Trt]

This whole motion reminds me of one of my favorite scenes from "Liar/Liar"

"1) You Honour , I object ! 2) ANd why is that ? 1) Becuase it's devestating to my case . 2) Overuled 1) Good-call..."

JMO

 

[gwenabob]

"Horman and his lawyer also included hearsay and irrelevant personal text messages gained from the ongoing criminal investigation into Kyron Horman's disappearance, the two said."

Welp, that answers one of my questions...looks like LE is actively helping KH in his divorce case.

Is that legal? Is that ethical?

I don't see why it would be illegal or unethical.

 

[JBean]

"Horman and his lawyer also included hearsay and irrelevant personal text messages gained from the ongoing criminal investigation into Kyron Horman's disappearance, the two said."

Welp, that answers one of my questions...looks like LE is actively helping KH in his divorce case.

Is that legal? Is that ethical?

If you think about it, Terry's lawyers that have perpetuated the marriage of the 2 issues.(pun intended) They have made it clear, and rightly so, that she does not want to answer questions that pertain to her RO and disso because of a pending criminal case. She cannot have it both ways. She can probably clear everything up if she testifies. But she doesn't want to testify in the civil case because of the potential criminal case. I would probably do the same, but then i couldn't really complain about the 2 of them being tied to each other. KWIM?

 

[goatman]

BOTH Kaine AND Terri's attorneys obtained these text messages from LE. They are helping Kaine no more than they are helping Terri by providing those text messages.

We have long since been questioning how much of the investigation into Kyron's disappearance is being shared with KH and how much of that information he is/will be using in his divorce case. This quote not only alludes to the text messages but also 'hearsay'.

My statements stands, is it legal and/or ethical for LE to share information from an ongoing investigation in a way that it favors one side or the other in a divorce case. And as a follow-up will the intertwining of the two ultimately hurt or help either one?

For example: is Kaine being briefed on investigations into TH's life that he will then be using in the divorce.

Should he not be getting his own search warrants/PI's/subpeonas to do so?

(I am not speaking about the alleged MFH...that is understandable, I am talking about hypothetical statements such as "yeah KH we were talking to your neighbor that TH visited last saturday and they said that there was alcohol missing...." and then statements like that ending up in divorce court documents.)

 

[krowdkat]

If you think about it, Terry's lawyers that have perpetuated the marriage of the 2 issues.(pun intended) They have made it clear, and rightly so, that she does not want to answer questions that pertain to her RO and disso because of a pending criminal case. She cannot have it both ways. She can probably clear everything up if she testifies. But she doesn;t want to testufy in the civil case because of the potential criminal case. I would probably do the same, but then i couldn't really complain about the 2 of them being tied to each other. KWIM?

Let's hope not. Prayers for Kyron and his family!

ETA: just for clarification.. I hope no one is putting themselves before Kyron. Remember, Kyron, the missing beautiful boy who is 8 now. The only person I see doing that based on MSM reports is TH (more concermed about her rights than anyone elses rights). Why?!? Shameful in my opinion.