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

[SleuthyGal]

I have to look no further than the Jason Young case where he defaulted on any custody depos and his 5 yr old daughter was (thankfully) transitioned into the care of her maternal aunt and grandmother after he was legally declared 'the slayer' in a civil suit.

He allowed that to happen because he was being investigated for the brutal, heinous murder of his wife, Michele Young (NC) in 2006 and he was trying to save his own skin (and avoid being questioned by any attorney). Anything he said in a custody dispute case (or a wrongful death civil suit) would be discovery and evidence for the DA to use later. So he ignored every summons and defaulted.

He was finally indicted last Dec, is in jail, and is awaiting trial (it took 3 yrs for the DA to finally proceed forward).

Now compare that with the Kyron case and baby K visitation motions...and subsequent motion withdrawals. I see a pattern and that pattern is that TH legally needs to avoid being questioned about any of her activities or that info will be used by the DA in the Kyron case. Those are significant clues to me right there.

 

[BringKyronHome]

I wonder if their decision to withdraw is really just a decision to continue negotiations outside of the public eye. That would seem (to me) to be more consistent with a mom protecting her children, then running away with her tail between her legs.

It's pretty clear that they have no intention of backing off...rather just want to do it outside of court.

I also wonder if there is something that TH can hang over KH's head, a barganing chip or something else.

 

[cluciano63]

I still am only surprised they ever filed in the first place...I never expected Kaine would learn anything from this action, and also figured it would be withdrawn, and can't understand why TH's lawyers would expect they would learn anything either.

The filing and withdrawing only make Terri look worse. Her lawyers had to know that. Not sure how they could not have seen this outcome, if I could...

 

[miabellamoure]

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.

you hit the nail on the head...bullseye!

 

[DairyGirl]

This just makes TH look guilty, or guiltier anyway. As far as settling outside of the courtroom, I hope Kaine won't compromise the safty of his daughter.

 

[DreamyEye]

mInteresting 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?"

Would a criminal investigation be considered a "criminal proceeding?"

I think it's possible that the defense team didn't know about the sext messages until after they had filed for visitation. Either TH didn't tell them about it at all; or she underplayed it--oh, I flirted with this guy and sent him some suggestive text messages." And then when the defense saw the actual messages, their eyes popped.

I think TH might have been betting heavily that KH would never release those text messages out into the general public--in the interest of protecting his daughter from painful knowledge of what her mother is actually like. And as I understand it, Kaine did not release the sexts. (Wasn't it a reporter who released them?)

I think TH might be so deluded that she actually believed that the sexts would be "no big deal" to the general public--and has perhaps been shocked by the public's reaction to them.

I still wonder whether some of this information is being tucked into various filings to get it on record that TH is mentally disturbed, and Kaine says so himself ... keeping open the possibility of a "non guilty by reason of insanity" defense for TH when this case goes to trial.

 

[For The Kids]

Somehow I cant see Kaine agreeing to Terri seeing K at all.

 

[stmarysmead]

Yes, Terri does look worse...and as the slogan goes "if you don't look good we don't look good."...Terri's attorneys look unprepared or undecided...or less than impressive in any case.

This begs the question if they had anything to embarrass or discredit Kaine....why file and then NOT USE IT...and suddenly back off.

Maybe they THOUGHT they did. Maybe they thought they had some info concerning the sexting that would work to their advantage...so they play hardball knowing Kaine's attorney will release them...and just as they are about to play their trump card...

OOPS!

Looks like they don't have anything after all. I think Terri's attorneys set a trap and then caught themselves in it...

 

[cluciano63]

Whatever TH is paying her legal team, it's too much.

 

[SurfieTX]

"PROCEEDING

In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.

Proceedings are ordinary and summary. 1. By ordinary proceedings are understood the regular and usual mode of carrying on, a suit by due course at common law. 2. Summary proceedings are those when the matter in dispute is decided without the intervention of a jury; these must be authorized by the legislature, except perhaps in cages of contempts, for such proceedings are unknown to the common law."

http://www.lectlaw.com/def2/p170.htm

Criminal procedure: The framework of laws and rules that govern the administration of justice in cases involving an individual who has been accused of a crime, beginning with the initial investigation of the crime and concluding either with the unconditional release of the accused by virtue of acquittal (a judgment of not guilty) or by the imposition of a term of punishment pursuant to a conviction for the crime.

http://legal-dictionary.thefreedictionary.com/Criminal+Procedure

 

[grandmaj]

Well it is withdraw now, or have a judge order those depos and evaluations and Houze can't let that happen.

 

[DreamyEye]

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.

Hmmm, I had forgotten about both sides getting copies. Maybe the surprise then was that the sexts got out before the public. (The lawyers should have known this was possible, though. You'd think the lawyers would know what can or can't be released to the media.)

???

 

[Emma Peel]

Hmmm, I had forgotten about both sides getting copies. Maybe the surprise then was that the sexts got out before the public. (The lawyers should have known this was possible, though. You'd think the lawyers would know what can or can't be released to the media.)

???

They knew about the texts. Perhaps they did not expect Kaine's assertions of drunken-mothering. Interestingly, they did not even answer those allegations in their response to Kaine's reply.

Are they sandbagging poor Terri's drinking/substance abuse issues for future defenses? Is addiction a defense? :waitasec:

 

[BringKyronHome]

Maybe there was no surprise - maybe this is exactly what they intended to do??? Not sure why though...other than to let the court know that Terri has been trying to work it out, but that Kaine is NOT really considering baby K's welfare and development. Seriously folks, a visit at the police station with social workers, child development experts, Kaine, attornies and whoever else he might think fit, I'm sure would be acceptable...it's clear though from the filing that Kaine will not negotiate at all...that is certainly NOT in any interest of baby K. If safety is his only concern, there are ways to provide that. It makes it look more as though he is using her versus protecting her...doesn't really look good in terms of custody.

Don't forget that even convicted criminals (including murderers) get visitation, as it's been established to be in the best interest of the child.

The other though I just had...is it possible that the election threw a monkey wrench into their strategy? Has anything changed?

 

[BringKyronHome]

They knew about the texts. Perhaps they did not expect Kaine's assertions of drunken-mothering. Interestingly, they did not even answer those allegations in their response to Kaine's reply.

Are they sandbagging poor Terri's drinking/substance abuse issues for future defenses? Is addiction a defense? :waitasec:

I wonder how "innocent" Kaine is on that front. His accusations DO beg the question...well What was wrong with him at the time that he couldnt' take care of baby K!

 

[For The Kids]

Maybe there was no surprise - maybe this is exactly what they intended to do??? Not sure why though...other than to let the court know that Terri has been trying to work it out, but that Kaine is NOT really considering baby K's welfare and development. Seriously folks, a visit at the police station with social workers, child development experts, Kaine, attornies and whoever else he might think fit, I'm sure would be acceptable...it's clear though from the filing that Kaine will not negotiate at all...that is certainly NOT in any interest of baby K. If safety is his only concern, there are ways to provide that. It makes it look more as though he is using her versus protecting her...doesn't really look good in terms of custody.

Don't forget that even convicted criminals (including murderers) get visitation, as it's been established to be in the best interest of the child.

The other though I just had...is it possible that the election threw a monkey wrench into their strategy? Has anything changed?

To be honest..if Kyron was killed after the exhibition which there is a good chance there was...there is every chance K was there..so i think Kaine has every right to keep her away from her mother..i think the poor baby has been through enough.


As for anything else..she could have fought for her daughter but chose not to ..."BringKyronhome?" Sure..lets home one day Terri will give information so he can come home...
JMO

 

[For The Kids]

I wonder how "innocent" Kaine is on that front. His accusations DO beg the question...well What was wrong with him at the time that he couldnt' take care of baby K!

If Kaine had done anything wrong surely when fighting for her daughter she would have revealed this? But she chose not to...

By the way as for why he couldnt take care of K? He had to work to support Terri so she could go to the gym and be on facebook...and try to hire people to kill him i guess.

JMO

 

[pufnstuf]

Somehow I cant see Kaine agreeing to Terri seeing K at all.

And she and her attorneys know that.

Either it was an asinine move on the part of her attorneys to file in the first place...

OR

They discovered that their client had not been completely honest with them and withdrew to save themselves from inevitable defeat.

Wonder if the next move is for one or the other attorney to resign as her attorney.

 

[pufnstuf]

Well it is withdraw now, or have a judge order those depos and evaluations and Houze can't let that happen.

grandma... my only contention with this is that Houze isn't stupid and he knew that the depos and evaluations would be ordered...

It's almost as if Terri's attorneys discovered something big after the initial filing for visitation. Wonder if she kept her alcoholism from them? Or if it's something even bigger than that?

Or maybe nothing more than a PR move at which Terri's attorneys could later say, "See? She TRIED to see her daughter, but Kaine's such a meanie that he wouldn't let her."

 

[Pensfan]

I found it interesting that TH's attorneys were worried about her medical records being subpoenaed. There is nothing shameful or "damning" about Postpartum Depression. So what is in her medical records that they don't want discovered at this time? Specifically, I wonder if there are frequent prescriptions that TH has asked her physicians to refill frequently.