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

[cluciano63]

I think this whole dropping this motion means very little in the scheme of things. I don't think it is sending any kind of message, just doing legal housekeeping to prepare for the divorce issues. I doubt Terri will be able to prevent the divorce and settlement/custody issues from going forward or telling where her attorney $ are coming from.

I'm not much interested in the whole divorce thing as I believe there is a zero percent chance that Terri will take the stand and reveal anything about Kyron-I can't imagine that happening.

I'd like to see Kaine get this legal stuff over with and hire Magnum PI or a reasonable facsimile. And Tim Miller.

 

[STEADFAST]

Ok, I was wondering if the DA / LE had requested this. I remember reading something to the effect of the judge getting their "ok" to release the information.

Thanks for responding. It's a bit confusing and I appreciate your time in helping me to understand the process.

I thought the same thing (that the judge got the DA's okay to vacate the order), but here's a copy of the motion to restrict access, and it says it was originally requested by Kaine. (It's on pg 2 of this pdf.) http://images.bimedia.net/documents/Horman_restrain.pdf

 

[gitana1]

bbm...

gitana -thank you for the explanation.

would/could someone from the da's office or from LE's office request a seal even if kaine and his lawyer don't want it?

is the party who asked for the seal the only party that can request the unseal?

as you say kaine or this third party asked for the seal and this is created more work for the court - in your opinion - may the judge be a bit perplexed that this unveiling was asked for? or must the requesting party give the reason for the reversal request to the judge.

I don't think LE would. They would have to join as a party and they would have to have a very compelling reason.
Yes, 3rd parties can and do request that a case be unsealed and those parties are almost always media or some grass roots citizen group. In this case, the media requested the matter be unsealed.
The reasons for wanting to unseal a record are stated in the request so the judge would know why.
BTW, in this case, it was Kaine that asked that the RO be sealed, not a third party.

 

[debs]

I guess my question would be that, since Kaine would be the "injured party" if any information were released (such as, oh, I don't know, his address which could be googled by some weirdo), he is the one who could ask for the seal, and should that seal be broken, ask for sanctions against the person who broke that seal?

Whew. All's I know is what I don't know.

 

[tfrohning]

I don' know anything...I don't understand this move at all...I just hoping this is some kind deal in the making and Kyron will be home soon.

I just keep thinking there got be a reason for all this madness.

 

[loves2bmom]

So is there nothing on the civil side until Oct 7th? I was going to try and update the Case Calendar but not sure I'm allowed or only the mods.....:blushing:


http://www.websleuths.com/forums/calendar.php?s=&c=10&week=&month=9&year=2010

 

[BetteDavisEyes]

The contempt motion was discussed on Issues with Jane Velez-Mitchell last night (9/13). Here's the link to the transcript:
http://archives.cnn.com/TRANSCRIPTS/...3/ijvm.01.html

 

[Bethlamb16]

I haven't read all the posts but one reason I think it was dropped was it is really moot at this point. Although it was a sealed RO, it has since been made public so what harm was really caused by her showing it to MC (if she did)? I think the court's will also look at what harm was done not just oh, you broke a rule so you are punished. There needs to be more to it than that. I think KH was smart to drop it as it will cost more in attorney's fees then what it would probably provide in relief for him. JMO!

 

[1Chump]

I'm not so sure this has much, if anything, to do with MC.
I am of the opinion that because some of the info for the RO was obtained by LE, this would then be discoverable, and I think they absolutely do NOT want to show thier cards the least bit to Houze, Bunch, or TH.
There would be subpoenas flying off the shelf at PacWest once the testimony started, IMO...

I agree with you. Kaine's attorney needed documentation and/or statements from LE to support the contempt motion. LE refused to release any information or prepare any statemetns because that would open up their investigative file to be discoverable by TH"s attorney.

 

[grandmaj]

So is there nothing on the civil side until Oct 7th? I was going to try and update the Case Calendar but not sure I'm allowed or only the mods.....:blushing:


http://www.websleuths.com/forums/calendar.php?s=&c=10&week=&month=9&year=2010

Absolutely you may update the Case Calendar. We are always looking for volunteers to take on this task...... Go for it.

But if you need help figuring out how to do it write to Kimster because I've not done it myself. :floorlaugh:

Thanks for thinking about the calendar!!!!!!!

 

[purple turtle]

Considering the sheer number of 'credible-sounding' leads LE has had to sort through and has either ignored or investigated finding no proof - I have to think that something about this story was corroborated enough for them to follow up, inform Kaine about and recommend removing the baby from her mother and an immediate divorce. That's a serious response to some random guy's far-fetched sounding accusation.... unless there was some proof or evidence that convinced LE he was credible.

I mean we now know that in the early days of the investigation, a lot of people were coming forward with stories about Terri and Kaine. What was it about this one story - in a sea of other tips - that was credible enough to make it into LE's recommendations to Kyron's family? I don't know, but I have to believe there was something that gave it credibility.

Seems to me, as a noobie at this ...but someone who has lived in Oregon all my life ... Wouldn't this open Washington County up to huge lawsuits from TH if this is proved to be just some jerk's way of putting himself in the spotlight? Or a sour lover trying to cause trouble? It just does not seem logical to me that, even though we do not have the proof ourselves, that the MFH plot is credible enough. Facts are that it ruined her marriage, lost her home, lost precious time with her daughter, vilified her to millions of people, .. it goes on and on ... sounds like a fat lawsuit if they are just rolling the dice. Recently there was an almost 3 million payout by Portland for the family of a mentally ill man that was murdered by Portland Police ... There are very good lawyers in this area that are just salivating I doubt that LE is THAT stupid.
JMOOOOOOOOOOOOOOOOOO

 

[purple turtle]

I don't think they're equally suspicious. I'm someone who will normally sit on the fence until I see a pretty solid case presented. I just take innocent until proven guilty too seriously. It's why I'm trying to prove what I saw is wrong. I don't want to believe it on some level.

That said, as with every investigation there are hot leads that go nowhere, puzzles that go unsolved. If we just look at the information presented in the MSM and accept it unchallenged at face value, then why are we all here? The media has already done that job for us. The problem is as noted, the media has gotten pretty sloppy. And if we take their word as gospel, we have to ignore the misstated facts, the times they've floated salacious gossip, the flat out errors.

Nobody should accept my account of anything. I'm not any kind of sworn witness. But there is enough in KH's behavior that is hard to understand, the micromanaging of media contacts, the mudslinging at TH (deserved or not, again, we don't know what LE knows on that count either, except that LE has taken the time to contradict DY and KH more than once), the.... genteel disagreements in interviews between DY and KH about issues like whether or not Kyron was happy at home, or when his affair with TH started.

What I witnessed got me looking at this case with a jaundiced eye, but the remainder of what I have pieced together as a theory comes not from what I saw (because all I saw was a man with a boy who seemed caring and friendly, if a little tense and distracted, but certainly not like a dangerous criminal) but from the questions that come up for me in looking at the information we have. There are some glaring holes. As there should be, this isn't a legal proceeding. But it does mean there are glaring holes which to me indicate a need to take a second look at what we think we know in this case.

I'm not terribly wed to my hypothesis, I'd be happy to be proven wrong.


Shoot, saw the above.... do I need to remove this one? Delete? Arg. Sorry. Double edit. I'm a terrible editor.

I have no problem with your post. It is your opinion and I'm glad you have one.

 

[sleuthy sleutherson]

supervised visitation is better than nothing, which is what she has now. Especially since it maintains some kind of contact with the baby and doesn't establish a status quo of 100% custody with KH.

Bingo, supervised visitation is better than nothing, if she really cared she would have fought for that at least.

And really, I personaly think that threats against baby K are highly unlikely and with all this attention on them, very unprobable.

She is just thinking about her own hind end and not that of anyone else's. :twocents:

 

[AlexisFresca]

I think if a mother truly loves their child they have to decide what is best for the child and not themselves even though it may be the hardest thing they have ever had to do.

Her life is a shambles right now. Uncertainty at every point. She has no money and is unemployable because of Kyron's case/MFH allegation and she is receiving death threats against her. That is not an environment a loving mother would want their child to be in, imo. What if some nut came by the house and shot the place up? Imo it is just too risky now for her to even think about contesting the RO or custody issue.

The media has even stated they see no activity around her parents home nowadays. I think they are in fear too. This world sadly is filled with nuts and those who can become vigilantes.

IMO

With all due respect, I have found nothing to backup this claim. Is there a link for this? Oh the irony in that last sentence.

 

[purple turtle]

I disagree with that assesment that she was planning to "kidnap" her own daughter. That is from a gym worker about her questions before the RO was served on her.

Remeber when the 911 call that TMH made the evening that Kaine left... Is it still available? I have not heard it for months.
Anyway the 911 operator IIRC told TMH that Kaine was not kidnapping babyK, that since he was the father he could take her. I think that is the same reason why TMH showed up at the gym to get babyK ... she did not know about the RO (? my guess) and she was not served, so it was in her rights as a parent to pick up her baby from daycare. I don't know why the MSM calls it kidnapping ... not possible unless I am misunderstanding the events (as in was she served RO?)

 

[wondering1]

Remeber when the 911 call that TMH made the evening that Kaine left... Is it still available? I have not heard it for months.
Anyway the 911 operator IIRC told TMH that Kaine was not kidnapping babyK, that since he was the father he could take her. I think that is the same reason why TMH showed up at the gym to get babyK ... she did not know about the RO (? my guess) and she was not served, so it was in her rights as a parent to pick up her baby from daycare. I don't know why the MSM calls it kidnapping ... not possible unless I am misunderstanding the events (as in was she served RO?)

iirc, the court documents specifically stated that they were using the words of the gym worker that reported it. I think she said abduction, not kidnapping, but I can't remember for sure. In any case, not KH's words, but the words of the gym worker based on her perception of the situation as it occurred.

 

[krowdkat]

I sometimes wonder if she is doing this to protect Baby K. She may know who took Kyron and has been threatened that Baby K will be next if she says anything. That brings up the question of would you give your life up for your child. JMO

This being such a high profile case, TH only has to bring this up as an issue in front of a judge. Heck, if I were her, I'd be thrilled with only supervised visitations. Visitation of any sort is all I'd be concerned about. Guilty or innocent of Kyron's disappearance. Any of the other people that might potentially want to hurt her wouldn't likely try to knowing that LE, Media, the public, and God is watching her at this point.

I've said this before on another thread, and here goes again...

When my ex (against court orders) kept my children from me for 2 months, I was a hell bent mother. I had the Canadian police coming out documenting me showing up, I had emergency hearings in Detroit. I cried myself to sleep. It was 2 months of living hell and frustration but I wasn't about to let anyone stop me from seeing my children. They were both under 8 years old.

I don't regret one second of my struggle and false acquisations cast upon me. And neither do my two 20 somethings, now.

The only thing that I can wrap my brain around is that TH is guilty of SOMETHING (not necessarily Kyron's disappearance) and she's beating herself up and punishing herself by not fighting for baby K. I think this is farfetched but slightly possible. Otherwise, I just don't know.

 

[krowdkat]

I think if a mother truly loves their child they have to decide what is best for the child and not themselves even though it may be the hardest thing they have ever had to do.

Her life is a shambles right now. Uncertainty at every point. She has no money and is unemployable because of Kyron's case/MFH allegation and she is receiving death threats against her. That is not an environment a loving mother would want their child to be in, imo. What if some nut came by the house and shot the place up? Imo it is just too risky now for her to even think about contesting the RO or custody issue.

The media has even stated they see no activity around her parents home nowadays. I think they are in fear too. This world sadly is filled with nuts and those who can become vigilantes.

IMO

OBE, I have posted with you since the Laci Peterson days and have always and still do hold you in the highest regards.

I respectfully disagree with you inre to this post. If TH is innocent, the best interest of her child is to have regular and continued visits with her INNOCENT mother. If this has to be supervised for the time being, then sobeit. There isn't a judge in this world who would keep her away from baby K based on speculation alone. TH doesn't even need an attorney to stand before a judge and ask to see her daughter. It's truly that simple.

 

[sleuthy sleutherson]

OBE, I have posted with you since the Laci Peterson days and have always and still do hold you in the highest regards.

I respectfully disagree with you inre to this post. If TH is innocent, the best interest of her child is to have regular and continued visits with her INNOCENT mother. If this has to be supervised for the time being, then sobeit. There isn't a judge in this world who would keep her away from baby K based on speculation alone. TH doesn't even need an attorney to stand before a judge and ask to see her daughter. It's truly that simple.

I agree with you 100%. She could get supervised visits without an attorney, my ex did, then he lost them because he would not comply with the court at all and stopped showing up for hearings...guess what, turns out he only cares about himself and not his child :banghead:

 

[lynmaree]

I really hope in some sense that she is that virtuous but somehow I really doubt it. It's nice to have some different perspective like that though.

...and to take it a step further, if she knows who took Kyron and has had any communication with them then you're kind of forced to take the opinion that she is not virtuous or she would be interacting with the type of people that would kidnap a child