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

[Calliope]

I think in this case it was redacted by Kaine's attorney.

Several of their text message exchanges June 30, obtained by Kaine's lawyer from law enforcement, were redacted in Exhibit A filed in court, but Kaine's lawyer alerts the court that she has the complete, unredacted copy that could be made available for the judge's examination.

http://www.oregonlive.com/portland/index.ssf/2010/08/kaine_hormans_lawyer_files_tex.html

sorry forgot the link. ETA

Interesting. Thanks.

 

[Emma Peel]

I think in this case it was redacted by Kaine's attorney.

Several of their text message exchanges June 30, obtained by Kaine's lawyer from law enforcement, were redacted in Exhibit A filed in court, but Kaine's lawyer alerts the court that she has the complete, unredacted copy that could be made available for the judge's examination.

http://www.oregonlive.com/portland/index.ssf/2010/08/kaine_hormans_lawyer_files_tex.html

sorry forgot the link. ETA

niiiiice. If only I was not so lazy tonight and could find my glasses and was certain that if I read those documents I would not accidentally see any flagrante derelictum. *shudders* thank you again gran.

 

[pufnstuf]

i think in this case it was redacted by kaine's attorney.

Several of their text message exchanges june 30, obtained by kaine's lawyer from law enforcement, were redacted in exhibit a filed in court, but kaine's lawyer alerts the court that she has the complete, unredacted copy that could be made available for the judge's examination.

http://www.oregonlive.com/portland/index.ssf/2010/08/kaine_hormans_lawyer_files_tex.html

sorry forgot the link. Eta

ty ty.

 

[evelyn24]

Oops NM

 

[Leila]

And the point of doing that?

Glad to see she gave an un-redacted copy to the judge, though.

Actually, I shouldn't have said, the redacted copies are handed out to the press. In reality, all documents are placed in a case file and within a matter of a few hours, depending on how fast the court clerks are, the file is placed in the courthouse "record room" until the next hearing. These case files are public documents, as are most court records with the exception of juvenile records and some other cases.

Anyone, either individual or a member of the media has access to everything that's contained in the case files. If you live in Portland, you could go to the courthouse records room, present your drivers license for identification, request the case file, and sit down at a table in the records room and read the entire contents of the case file. If you wanted copies of any documents in the case file, you go back to the clerk and request copies of those documents. Most courts charge 50 cents per page. This is how the media has obtained a copy of the redacted text messages that we're now seeing.

In this case, I was thinking "handing out" simply because we've got to know that the media was forming a line at the door to the courthouse records room waiting to see and copy the documents that were filed in this case today.

It would have been simpler for the court clerks to go ahead and make 20 copies of the redacted text messages document, as they had to know the media would be requesting it.

 

[human]

Debs I agree 100% with you. I will go one step further and say that I have some doubts about the MFH also. The sticking point for me is why would she call 911? Why not just shut the door and be done with it?

Either this woman is very smart and dangerous or she is being set up. I opt for the latter. IMO

what is she supposed to do? Theoretically this guy wants money probably as hush money not to tell about the MFH, I figure.

She probably told him to go away and he didn't. Now what? Pray he doesn't shoot you or worse? Like what would she do about it?

So she decides to call LE and bluff out, he said, she said.

what was her other option? Tell him she's going in the house to get the money and wait outside? Come back tomorrow and she will gladly pay him?

Really, what were her options with a guy who may be a killer?

 

[debs]

So she lied to make herself seem more important for having such a big shot lawyer?
:waitasec:

Where did she lie? I can overstate how much it's going to cost me to go to Big Sky to see Willie Nelson in concert; how much it costs is not going to be how much I pay. Given that I have yet to pay for the concert doesn't mean that there isn't a cost that I'm presuming based on information I've gathered. I wouldn't be lying. I will be assuming unforeseen costs for food and beverages, transportation to and from, the hotel I'm staying at and associated taxes for that, etc etc. I only know the concert costs so much, I sure don't know how much I'm going to pay. I hope I come in under estimate, and I simply view this comment as one of "estimate" rather than absolute.

 

[Leila]

Do we know this filing was "handed out to the press," or did reporters (on the court house beat assigned to the Kyron disappearance) just note the filing and request a copy? To me, that makes a difference. But I don't see why they would risk a backlash just releasing it when all they had to do was load the document up with stuff that made TH look bad and wait for reporters to get copies from the court and then release them.

I clarified my statement up this thread.

 

[human]

Maybe the redacted parts are some playful talk on how she might pay for services.

 

[Emma Peel]

To add to my post above, I'd say I disagree with his attorney that an abatement interferes with Kaine's due process rights with reference to this section of the Oregon Constitution.

Section 10. Administration of justice. No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.

I fail to see where, if an abatement is granted, Kaine will suffer injury to his person, property or reputation.

Per the abatement motion, she agrees to an immediate divorce; she does NOT ask for property, alimony or custody. Kaine retains all marital property and custody of baby. The abatement asks that the status quo be maintained regarding those issues (which is clearly in Kaine's favor) until such time that her attorney can provide her with appropriate and unbiased representation.

IMO, the abatement is reasonable and justified.

Agreed. I thought it was reasonable when I first read it. Was impressed with her counsel there.

IMO Kaine & his lawyer are gunning for permanent exclusive custody of the baby and they want it settled immediately and forever including child support calculations... That's going to be tough for any family court to decide in their favor if their argument is based on mere allegations of MFH & disappearing Kyron - which is where things stand at the moment.

But that won't stop them from trying ...

 

[debs]

Maybe the redacted parts are some playful talk on how she might pay for services.

I guess it's fun to speculate about what the redacted lines might say. Until or unless we see a copy of the un-redacted lines, we'll never know.

 

[bessie]

To add to my post above, I'd say I disagree with his attorney that an abatement interferes with Kaine's due process rights with reference to this section of the Oregon Constitution.

Section 10. Administration of justice. No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.

I fail to see where, if an abatement is granted, Kaine will suffer injury to his person, property or reputation.

Per the abatement motion, she agrees to an immediate divorce; she does NOT ask for property, alimony or custody. Kaine retains all marital property and custody of baby. The abatement asks that the status quo be maintained regarding those issues (which is clearly in Kaine's favor) until such time that her attorney can provide her with appropriate and unbiased representation.

IMO, the abatement is reasonable and justified.

The statute does not address future injury to person, property or reputation, but rather, guarantees swift justice (due process right to the administration of justice without delay...) for injury already received, in other words, the complaint stated in the petition for divorce.

 

[Indianagirl]

Why would the clerk redact anything? If one thing is part of the public record, it all is part of the public record.

Because the info it contains involves parties not involved in this case?

 

[Calliope]

The statute does not address future injury to person, property or reputation, but rather, guarantees swift justice (due process right to the administration of justice without delay...) for injury already received, in other words, the complaint stated in the petition for divorce.

His lawyer is the one arguing the abatement will cause him injury if granted (as she referenced this section of the Oregon constitution).

 

[Emma Peel]

I guess it's fun to speculate about what the redacted lines might say. Until or unless we see a copy of the un-redacted lines, we'll never know.

well, if we're having fun speculating:

Maybe the redacted lines are the parts where Kaine calls MC and tells him what to text to Terri.

(see how that ol' theory of someone's sticks in me head?)

 

[IBsleuthin]

Now I'm just saying...

Kaine's own lawyer admits that the texts that were released in the media were REDACTED and that she has the unredacted texts. 'Sometimes'...a LOT can be left out.

Just saying...

 

[scotslass]

well, if we're having fun speculating:

Maybe the redacted lines are the parts where Kaine calls MC and tells him what to text to Terri.

(see how that ol' theory of someone's sticks in me head?)

Or the replies from whomever Mc is forwarding the texts to..didn't he show the Ro to other people....

 

[IBsleuthin]

To add to my post above, I'd say I disagree with his attorney that an abatement interferes with Kaine's due process rights with reference to this section of the Oregon Constitution.

Section 10. Administration of justice. No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.

I fail to see where, if an abatement is granted, Kaine will suffer injury to his person, property or reputation.

Per the abatement motion, she agrees to an immediate divorce; she does NOT ask for property, alimony or custody. Kaine retains all marital property and custody of baby. The abatement asks that the status quo be maintained regarding those issues (which is clearly in Kaine's favor) until such time that her attorney can provide her with appropriate and unbiased representation.

IMO, the abatement is reasonable and justified.

(BBM),

In my opinion he won't. In this case which could easily and very successfully be argued that this is a highly unusual case, the abatement is WARRANTED. And actually I'm wondering if the successful argument couldn't be made that the abatement is ABSOLUTELY necessary given these circumstances.

Also I found great issue with the objection to the delay stating that it would be detrimental to the welfare of the children, (paraphrasing).

There's a big GMAB on that one. I'm to believe that a delay in this case would have a detrimental effect on an 18 month old child?



HOW ABOUT THIS???

What if Terri is found completely innocent and Kyron is found in the arms of a stranger and comes home to find his parent's divorced??? How detrimental will that be?

:behindbar

 

[wondering1]

well, if we're having fun speculating:

Maybe the redacted lines are the parts where Kaine calls MC and tells him what to text to Terri.

(see how that ol' theory of someone's sticks in me head?)

If he can get at the truth that way, more power to him, imo. Is it illegal to text someone what to ask? lol

 

[bessie]

His lawyer is the one arguing the abatement will cause him injury if granted (as she referenced this section of the Oregon constitution).

I have to disagree, Calliope. Rackner references Article I, Section 10, of the Oregon Constitution to support the argument that Kaine is entitled to "administration of justice without delay". This is separate from, and not intended as support of, the argument that his rights would suffer prejudice as a result of the abatement, and the examples of potential injuries laid out under (I)(A)(ii).