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

DNA Solves
DNA Solves
DNA Solves

New Posts

Status
Not open for further replies.
"An attorney for Terri Moulton Horman has filed a motion to withdraw her request for visitation of her young daughter"

What's up with this? Why file only to withdraw shortly thereafter? Surely her lawyers are smarter than that.
 
"There is no question that the disappearance of Kyron Horman casts a long shadow over this proceeding. There is also no question that it is cruel to K to continue to deny her contact with her mother," Bunch wrote in his latest motion. "Plainly, the discord in this case makes any peaceful resolution of the issues unlikely at this time."

Her lawyers said that they'd continue to try to draft an agreement suitable to both parties without the need for further litigation."

http://www.oregonlive.com/portland/index.ssf/2010/11/terri_moulton_horman_withdraws.html
 
Maybe something else is going on that we don't know about yet.

(One can only hope!)
 
Interesting. Very very very interesting.
 
I think her attorneys realize there is no way she can go through multiple depos and voluminous discovery and still pretend to be innocent. She has to pick. The baby or her own skin. We now know who is number 1 to TH.
 
So now all she's trying to do is delay the divorce for two years or however long (unless Kaine wants to do it out of court, which is not going to happen).

I understand her lawyers' arguments and those desquire has made in this forum about prudent general legal strategy but it seems to me that things like this don't bode well for her innocence. Hard to untangle "where's Kyron?" from "Terri knows".
 
Cher352 said:
"An attorney for Terri Moulton Horman has filed a motion to withdraw her request for visitation of her young daughter"

What's up with this? Why file only to withdraw shortly thereafter? Surely her lawyers are smarter than that.
Click to expand...


Speculation:
Do you think that a discussion occured where TH lawyer informed her that she may need to submit to a mental health evaluation, upon discovery of such information she refused to persue?

Maybe there was a break down in communication, once it was explained the odds where that she would need to do some type of explaining..this isn't magical in order to move forward she would have to give up some information? :waitasec:
 
I am more surprised that her lawyers ever filed the motion in the first place, than by the withdrawal. It almost makes them seem incomptent, as if they were not prepared for what would come from the other side.
 
cluciano63 said:
I am more surprised that her lawyers ever filed the motion in the first place, than by the withdrawal. It almost makes them seem incomptent, as if they were not prepared for what would come from the other side.
Click to expand...

I am kind of surprised, but then not really. I pretty much thought it was more about discovery rather than visitation. Which brings me to another point, the text documents that were released - how many pages was that? Because I remember Houze stating something about the "gratuitous 17 pages." Could it be that there was more that we haven't seen? Just noodlin'.
 
cluciano63 said:
I am more surprised that her lawyers ever filed the motion in the first place, than by the withdrawal. It almost makes them seem incomptent, as if they were not prepared for what would come from the other side.
Click to expand...

I think they bloody well knew what was coming. They knew they couldn't launch this fight without discovery being begun. And I'm sure they knew any Judge would demand a mental health evaluation. I think they originally filed the motion as a fishing expedition to learn what LE has told Kaine.

Although I don't think they suspected that Kaine and his counsel would attach some of those texts as an exhibit. That, I would wager, was not expected.
 
Mark one win on the legal maneuver board, Kaine's favor.

but, ouch.

Terri backs off, and no reveals on Kyron. That part is sad. Can't blame Kaine, et.al. for trying. Can't blame Kaine, et.al. for coming out guns a-blazin'.

Nobody won this one, really. :cow:

bet Terri's team wishes they could withdraw those texts too. :blushing: :crosseyed:

thread housekeeping - as a side note: Posters still here, please edit your post/quotes down to "K" (minor child sister of Kyron) if you've quoted the news and retained the minor child's full name in your quote.
 
ladonna said:
Here is the motion filed.

Item 6 is quite compelling.

http://media.oregonlive.com/portland_impact/other/horman-motion.PDF
Click to expand...

Which makes one wonder what her attorneys were thinking when the originally filed the motion for visitation? Of course Rackner is going to pull out all the stops for her client. That is her job!

I wonder if TH has not been fully forthcoming with her attorneys. They usually will ask if there are any "embarrassing" things that might come out that will hurt their case. She really should have mentioned her sexting habit at that time.

This motion for dismissal really makes me think her attorneys were blindsided by some of these revelations.
 
gwenabob said:
Which makes one wonder what her attorneys were thinking when the originally filed the motion for visitation? Of course Rackner is going to pull out all the stops for her client. That is her job!

I wonder if TH has not been fully forthcoming with her attorneys. They usually will ask if there are any "embarrassing" things that might come out that will hurt their case. She really should have mentioned her sexting habit at that time.

This motion for dismissal really makes me think her attorneys were blindsided by some of these revelations.
Click to expand...

I believe, but could be wrong, that the texts were also provided to TH's counsel. They knew the contents of the texts. I truly believe they filed the motion in the first place hoping to obtain information that they DIDN'T already know. I think they knew TH didn't have a shot in hell of getting any parenting time at this juncture.
 
I find item 11 interesting-Kaine wants to assert his right to depose respondent and her doctors as well as other people associated with her. Bunch believes that this will incriminate Terri-hence the move to withdraw. At least to my mind.

Well then, moving on....
 
believe09 said:
I find item 11 interesting-Kaine wants to assert his right to depose respondent and her doctors as well as other people associated with her. Bunch believes that this will incriminate Terri-hence the move to withdraw. At least to my mind.

Well then, moving on....
Click to expand...

http://media.oregonlive.com/portland_impact/other/horman-motion.PDF

Interesting at 11: Those efforts undermine established common law tenets dictating the proper discovery procedures when there are parallel criminal and civil proceedings.

BBM: I thought Terri hasn't been charged. What are the criminal "proceedings?"
 
JSR said:
I believe, but could be wrong, that the texts were also provided to TH's counsel. They knew the contents of the texts. I truly believe they filed the motion in the first place hoping to obtain information that they DIDN'T already know. I think they knew TH didn't have a shot in hell of getting any parenting time at this juncture.
Click to expand...

You are right. It was reported that both sides received the texts. Did they just think Rackner wouldn't use them to her full advantage? Do you think they underestimated her willingness to use everything and everything for the benefit of her client?

Well, if they thought this would in any way help their case, they were wrong. They just look like they are flailing at this point. Time to re-group, fellas.
 
Status
Not open for further replies.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 262 more.
Total: 2,568 (members: 263, guests: 2,305)

Online statistics

Members online
263
Guests online
2,305
Total visitors
2,568
Totals may include hidden visitors.

Forum statistics

Threads
599,634
Messages
18,097,639
Members
230,893
Latest member
Moonlit7
Back
Top