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

[stmarysmead]

The sad part is, one day baby K will grow older and want to know about her mother. What if it's determined that Terri had nothing to do with Kyron's disappearance? What will K think about her father's attempts to smear her mother and ruin her reputation? Or is he planning to lie to her whenever she asks him about her mother?



Kaine needn't lie to Baby K. He will tell her the complete truth. He will show her video of the first press conference and how he cradled her Mother in a protective stance. How he refused to cooperate with news outlets that upset her, and how, as he had done for a long time, as her Mother's drinking escalated, he had tried to hold everything together. He will tell her that even as his frustrations grew at her refusal to cooperate to find her brother, he still stood by her Mom...until the day the professionals investigating the case told him that Terri probably was responsible for her brother's disappearance AND had tried to hire the Yard Guy to kill him, her Dad.

At that point, he'll tell Baby K...his every thought was how to keep her safe.

Sadly, it was her Mother that chose to engage in graphic sexting just 4 days after Dad took her from the house...and her refusal to answer any of the very terrible concerns over the ensuing months...forced the use of that material to show WHY those concerns existed...along with the suspicion that she (BabyK) had witnessed her Mom's murder of her brother.

I think Baby K will see that she was loved very much...and her well being was tantamount...and that her Dad was existing in a state of near agony.

Then Baby K...may ask her Mom...innocent or not...why she did what she did...why she was sexting...why months earlier she did similar things with the Yard Guy...why she said "Okay I love you" to her Dad...yet treated him this way. Why she put herself before finding her brother, even in the early days. And, if we still don't know...Baby K can ask her what happened to Kyron.

I think Baby K will feel nothing but love and admiration and great empathy for her DAd.

No need to lie at all.

 

[Pensfan]

ITA, stmarysmead. Very frequently I have witnessed hospitalized psychiatric patients weep while stating that no one offered/tried to help them with whatever disturbing problem they had experienced. If TH is proven to be innocent, her daughter will understand that her dad's actions occurred because he loved her and was trying to help/protect her.

 

[ThoughtFox]

The sad part is, one day baby K will grow older and want to know about her mother. What if it's determined that Terri had nothing to do with Kyron's disappearance? What will K think about her father's attempts to smear her mother and ruin her reputation? Or is he planning to lie to her whenever she asks him about her mother?
None of this is helping to find Kyron. If anything, it has alienated Terri more and ensured that she will probably NEVER tell LE anything that would help find him. Kaine would have been smarter if he would have just quietly left with the baby and kept all this other stuff to himself until AFTER this case was resolved.... or at least kept it on the back burner for awhile until things die down. JMHO, but he has only made matters worse, and surely these legal wranglings are NOT in K's best interests, but rather they are in Kaine's best interests.
Not to mention that he has completely jeapordized Terri's right to a fair trial.
Poor little Kyron... seems he's been forgotten in all this mess.

The assumption you are making is that if the police had not released these records, Baby K would never know anything about her mother's "activities" as she grows up. I don't think that is true.

Or maybe the point is that if Kyron hadn't disappeared none of this would have mattered (except for that little thing known as the "murder for hire" plot, which is a separate issue, and yet strangely similar with sexting and other men . . . but I digress).

It seem pretty likely to me that even if Kyron was still around, he or Baby K or the older son would eventually figure out that Terri was doing some shady things. I'm sure they already knew about the drinking. Even if Terri kept everything else a secret from Kaine, more than likely the kids would know something was going on behind their father's back.

Most kids clue in to adultery long before the spouse, and sometimes parents bribe kids to stay quiet.

But most children eventually find out the truth about what their parents are really like. Even regular innocent parents have faults, and kids get disillusioned.

And what Terri was doing wasn't harmless, even if it was in private. And all of it became public record thanks to TH herself.

 

[ThoughtFox]

Kaine needn't lie to Baby K. He will tell her the complete truth. He will show her video of the first press conference and how he cradled her Mother in a protective stance. How he refused to cooperate with news outlets that upset her, and how, as he had done for a long time, as her Mother's drinking escalated, he had tried to hold everything together. He will tell her that even as his frustrations grew at her refusal to cooperate to find her brother, he still stood by her Mom...until the day the professionals investigating the case told him that Terri probably was responsible for her brother's disappearance AND had tried to hire the Yard Guy to kill him, her Dad.

At that point, he'll tell Baby K...his every thought was how to keep her safe.

(snip)

I think Baby K will feel nothing but love and admiration and great empathy for her DAd.

No need to lie at all.

I agree because by the time Baby K is old enough to talk about such things, alot more will probably be on the record about TH's activities. JMOO

And by then hopefully Kyron will be found and it will be crystal clear why Kaine needed to protect his daughter.

 

[Billylee]

VELEZ-MITCHELL: OK. Let me just say this. Now Kyron`s father believes that Terri -- this is what he says cops told him -- hired a hit man to try, or tried to hire a hit man to kill him, Kaine, her husband. So she hasn`t been charged with that. That`s the problem. She hasn`t been charged with anything. She`s not even officially considered a suspect. Why not?

MCCAIN: Well, Jane, you know, you hit on a really important point, because the very next sentence after that unimaginable harm sentence, he does state unequivocally, with no conditions, that Terri hired a hit man to murder him.

The problem is, he may have to prove that in court, and that`s going to create a nightmare for the district attorney and the sheriff`s office, because that`s all based on hearsay.

So if Terri`s lawyers are smart, they might say -- they might call Kaine`s bluff and say, "Your honor, we`re not going to listen to hearsay. Bring those investigators in. Bring their notebooks. Bring their tape recordings, their wiretaps." That`s the last thing investigators want to have happen.

http://transcripts.cnn.com/TRANSCRIPTS/1010/25/ijvm.01.html


I think this is exactly what Bunch & Houze are doing. JMO

 

[stmarysmead]

The motion says Terri is "the focus of parallel investigations." One would be the disappearance of Kyron.

Does this mean they are still investigating the Murder for Hire? If so, they don't think it's just "hearsay" then...it's part of a full-blown ongoing investigation.

Or, if the Murder for Hire is deemed hearsay... is Terri the focus of another criminal investigation now as well?

Curious...

 

[mmmagique]

The sad part is, one day baby K will grow older and want to know about her mother. What if it's determined that Terri had nothing to do with Kyron's disappearance? What will K think about her father's attempts to smear her mother and ruin her reputation? Or is he planning to lie to her whenever she asks him about her mother?
None of this is helping to find Kyron. If anything, it has alienated Terri more and ensured that she will probably NEVER tell LE anything that would help find him. Kaine would have been smarter if he would have just quietly left with the baby and kept all this other stuff to himself until AFTER this case was resolved.... or at least kept it on the back burner for awhile until things die down. JMHO, but he has only made matters worse, and surely these legal wranglings are NOT in K's best interests, but rather they are in Kaine's best interests.
Not to mention that he has completely jeapordized Terri's right to a fair trial.
Poor little Kyron... seems he's been forgotten in all this mess.

Another FR (sorry!): So do you think if Kaine had not filed those last papers, if he had not done the interviews talking about her lack of character or moral fiber, if he had just quietly slunk away, Terri would have found her heart (lost somewhere in her purse with a pack of doublemint gum and an old yoyo), come forward and told what she knows?
I seriously doubt it.
But it *would* be pretty to think so!

 

[gwenabob]

Well if it is? I guess we could question how one news agency got this motion after hours last night and not the others ya know?

Edited to add so could we also question Houze about this matter? I agree it is like Houze is questioning Rackner but should we now question how this one paper got this news first? Even if Rackner didn't release this to the public Houze wants us to believe she did I think.

I guess I just don't see what difference it makes since it is available to anyone off the street anyway. Maybe a reporter from the O happened to be there when it was filed. Maybe someone from the O has a good relationship with a clerk at the courthouse and their fax # is on speed dial. It doesn't matter. It is public information and however the O got it is irrelevent.

 

[mmmagique]

I have to say after reading the response a few times, I find it to be pretty good. It is far more factual and law-based. It essentially whittles all of this extraneous stuff to the issue at hand, which is whether or not Terri can have some kind of visitation with K. She's not asking for custody, just some reasonable visitation.

Respectfully snipped and bbm.

The problem is, what *is* reasonable visitation for someone who has tried to hire someone to murder her child's other parent, and is the "de facto suspect" in the disappearance of her child's sibling?

 

[stmarysmead]

Respectfully snipped and bbm.

The problem is, what *is* reasonable visitation for someone who has tried to hire someone to murder her child's other parent, and is the "de facto suspect" in the disappearance of her child's sibling?

WOW! This deserves more than just thanks! I hope Kaine's lawyer says JUST THAT!

 

[JBean]

The motion says Terri is "the focus of parallel investigations." One would be the disappearance of Kyron.

Does this mean they are still investigating the Murder for Hire? If so, they don't think it's just "hearsay" then...it's part of a full-blown ongoing investigation.

Or, if the Murder for Hire is deemed hearsay... is Terri the focus of another criminal investigation now as well?

Curious...

I'll re read but I would take that to mean criminal and civil investigations.
Parental fitness investigation and the disappearance of Kyron investigation.
jmho.

ETA: okay, I re read and it does not say parallel investigations it says parallel criminal investigations, so yes I would take that to mean the MFH plot as well.

 

[grandmaj]

I guess I just don't see what difference it makes since it is available to anyone off the street anyway. Maybe a reporter from the O happened to be there when it was filed. Maybe someone from the O has a good relationship with a clerk at the courthouse and their fax # is on speed dial. It doesn't matter. It is public information and however the O got it is irrelevent.

Exactly . Which is why I question why Houze and Bunch have a problem that the news got Rackner's motion.

 

[grandmaj]

Once again, where is Terri's sworn deposition/affidavit? Very telling that her own words cannot be sworn to under oath.

 

[gwenabob]

Exactly . Which is why I question why Houze and Bunch have a problem that the news got Rackner's motion.

But so what? The public would have seen the pleading anyway, regardless. Why would Houze or Bunch think it would stay a secret? As I said, there are reporters camped out at the courthouse on a regular basis. Of course they would find out all on their own without any help from Rackner.

 

[Dee10]

VELEZ-MITCHELL: OK. Let me just say this. Now Kyron`s father believes that Terri -- this is what he says cops told him -- hired a hit man to try, or tried to hire a hit man to kill him, Kaine, her husband. So she hasn`t been charged with that. That`s the problem. She hasn`t been charged with anything. She`s not even officially considered a suspect. Why not?

MCCAIN: Well, Jane, you know, you hit on a really important point, because the very next sentence after that unimaginable harm sentence, he does state unequivocally, with no conditions, that Terri hired a hit man to murder him.

The problem is, he may have to prove that in court, and that`s going to create a nightmare for the district attorney and the sheriff`s office, because that`s all based on hearsay.

So if Terri`s lawyers are smart, they might say -- they might call Kaine`s bluff and say, "Your honor, we`re not going to listen to hearsay. Bring those investigators in. Bring their notebooks. Bring their tape recordings, their wiretaps." That`s the last thing investigators want to have happen.

http://transcripts.cnn.com/TRANSCRIPTS/1010/25/ijvm.01.html


I think this is exactly what Bunch & Houze are doing. JMO

You would think if she is innocent, but not so sure they would use this tactic because would it be back on her to refute it and she doesn't want to incriminate herself as she wants her "freedom". So, IMO they are just trying to keep it very simple even convicts get visitation.

 

[grandmaj]

But so what? The public would have seen the pleading anyway, regardless. Why would Houze or Bunch think it would stay a secret? As I said, there are reporters camped out at the courthouse on a regular basis. Of course they would find out all on their own without any help from Rackner.

I agree with you. 100%

 

[grandmaj]

You know the criminal investigations are not about Terri allegedly robbing a bank, or about her allegedly operating a scheme to defraud someone.

The criminal investigations are about one of two children going missing while in her care. There is something fundamentally wrong with a legal system that may allow her to have care/visitation of the other child, unless she agrees to go through the normal steps that everyone goes through to decide on parenting, when they are divorcing.

 

[socalgal2]

I haven't been very verbal here lately. I have been reading the thoughts on why Houze is lumped in the divorce issue. This is my personal experience and I thought I would share. When I decided to divorce my husband I hired a divorce attorney. I won't go into the awful details of what went down, but I assure you it wasn't because he disappeared any children. His legal troubles had everything to do with actions he took against me and it effected my children's well being and safety. He , however, retained a Criminal Attorney as well as a Divorce Attorney.

His Criminal Attorney never interjected anything with his Divorce Attorney.
This is what really spoke volumes to me as why Teri's Criminal Attorney
is lumped into this whole mix. What my EX did was criminal and pains me to this day, but it was the reason that I took the actions I did, and also just as quick as Kaine did, but it was treated seperate. IMHO there is a darn good reason that this is playing out as it is.

I am still heartbroken the man I loved and raised 7 kids with(yes I was step-mom to some that I raised as my own.That's a whole other issue about that bio mom. )

The day we were to go in front of the Judge to finalize the Divorce, the EX was not there, he was in front of a judge for his criminal case.

I just had to say how hinky this whole case is to me. I come from experience.

Just a different perspective I guess.

I pray for the truth to come out and Kyron to come home everyday. To me, it makes me feel so angry that everything is debated in a case that is very frustrating! Sorry to ramble on. I just had to throw out a different perspective!:grouphug:

 

[PDXMom]

I haven't been very verbal here lately. I have been reading the thoughts on why Houze is lumped in the divorce issue. This is my personal experience and I thought I would share. When I decided to divorce my husband I hired a divorce attorney. I won't go into the awful details of what went down, but I assure you it wasn't because he disappeared any children. His legal troubles had everything to do with actions he took against me and it effected my children's well being and safety. He , however, retained a Criminal Attorney as well as a Divorce Attorney.

His Criminal Attorney never interjected anything with his Divorce Attorney.
This is what really spoke volumes to me as why Teri's Criminal Attorney
is lumped into this whole mix. What my EX did was criminal and pains me to this day, but it was the reason that I took the actions I did, and also just as quick as Kaine did, but it was treated seperate. IMHO there is a darn good reason that this is playing out as it is.

I am still heartbroken the man I loved and raised 7 kids with(yes I was step-mom to some that I raised as my own.That's a whole other issue about that bio mom. )

The day we were to go in front of the Judge to finalize the Divorce, the EX was not there, he was in front of a judge for his criminal case.

I just had to say how hinky this whole case is to me. I come from experience.

Just a different perspective I guess.

I pray for the truth to come out and Kyron to come home everyday. To me, it makes me feel so angry that everything is debated in a case that is very frustrating! Sorry to ramble on. I just had to throw out a different perspective!:grouphug:

Sounds like you had an awful divorce. Do you believe that the criminal court date eclipsing the divorce finalization date was intentional and planned by the criminal defense atty.? Sorry if I sound dense - I don't think I've had enough coffee.

Also, when you say there's a good reason the case is playing out as it is, are you seeing signs that a criminal trial is assured here and that Houze is doing everything for that eventuality? FWIW, I do see signs of that happening. I noted the similarities to your case, but I'm having a heard time with the conclusions to be drawn by it.

More coffee needed.....

 

[socalgal2]

Sounds like you had an awful divorce. Do you believe that the criminal court date eclipsing the divorce finalization date was intentional and planned by the criminal defense atty.? Sorry if I sound dense - I don't think I've had enough coffee.

Also, when you say there's a good reason the case is playing out as it is, are you seeing signs that a criminal trial is assured here and that Houze is doing everything for that eventuality? FWIW, I do see signs of that happening. I noted the similarities to your case, but I'm having a heard time with the conclusions to be drawn by it.

More coffee needed.....

Fortunatey the judge in the Divorce case granted me the divorce with out the EX being present! I know the criminal case against him was known to the lawyers and judges on both sides, so that is why I got the final decree without the ex there. My conclusions are purely my own gut feelings. I guess that's why I decided to share my experience. I can't explain it any other way. I have learned that my gut is a pretty good gage for me anyway!:hug:
I have to add in that the judge, when we first went to court was so appaled at my ex's denial etc. that he basically awarded me things that normally never happen in a California Divorce settlement and told the ex so in front of a court room full of people!