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

[loves2bmom]

Does this mean there are no "housecleaning" issues to take care of in court today?

 

[BringKyronHome]

I don't think so. But I do think that Kaine still has time to respond to the divorce settlement presented by Terri.

If he does that, then I believe there will be a filing by their attornies.

I doubt he will though, seems he has no interest in actually finalizing the divorce or visitation...from where I sit, they are both being used as mechanisms to pressure her.

 

[Donjeta]

I don't understand her interest in a divorce agreement either. If she wants to settle it all soon why did she file for an abatement in the first place? What's her hurry to get an agreement before January?

 

[gwenabob]

Does this mean there are no "housecleaning" issues to take care of in court today?

Correct. Today's meetings have been canceled, as have the January dates except for the 2 hearings scheduled for January 6th at 9:00 and 2:00. Those are still on.

 

[BringKyronHome]

I don't understand her interest in a divorce agreement either. If she wants to settle it all soon why did she file for an abatement in the first place? What's her hurry to get an agreement before January?

I think it's just to keep her out of court...she is not contesting the divorce, but wants to put off custody decisions until the MFH/Kyron stuff is resolved....atleast that is what her attorneys implied.

 

[Trt]

It is true that the judge looks at what is submitted to the court. What has been submitted to the court is sworn affadavit from Kaine Horman(that he is also willing to testify and swear are true in court) regarding Terri drinking and being a poor mother to K. As much as Terri and her lawyers want to tie these accusations to the accusations that could *potentially* violate her fifth amendment rights, it's a farce(IMO). Refutting accusations of nightly drinking and poor parenting would do nothing to compromise Terri's
*freedom*. She could still plead the fifth on anything that she feels may incriminate her(non-issue, IMO, if one has broken no laws...but it's her right).

Her lawyers aren't stupid either. They've attacked Kaine's accusations in
every way possible without denying the veracity of the allegations. They *take issue* with his audacity to bring up such, they call him vicious, they even allege legal impropriety on the part of him and his lawyer. But they don't call him
a liar. That says a lot to me and I'm sure it would speak to any judge deciding on this matter. Which is why Terri and her lawyers are no longer seeking visitation with K.

Jmo

 

[BringKyronHome]

Don't forget we are talking about family court and people lodge HORRIBLE accusations against their spouces ALL the time in an effort to secure custody.

I'm sure that the court takes things like this seriously, but apparently it's on a different scale, else it wouldn't be such a common practice.

I don't believe 100% of any mudball slug in any direction.

I do think it's dangerous to use any of this information when trying to tease out clues about Kyron too.

They are all just trying to flex their legal muscles bigger than the other.

 

[1Chump]

I can see two ways this motion helped with the defense in any future criminal case.

They have Kaine's affidavit, under penalty of perjury, filled with Kaine's allegations against Teri. Now they know at least some of the allegations that Kaine has shared with LE. They can start attempting to gather evidence to counter those allegations both for the divorce case and any potential criminal case.

However, they also specifically stated that since the abatement hearing, LE has stated they will fight to quash any and all discovery. Teri's attorneys now have to suspect that the information provided to Kaine from LE is not a complete picture. They may have courtesy copies of the text messages between Cook and Teri. But without formal discovery, they have no way to verify that they have all the "alledged" text messages betweeen Cook and Teri.

As Teri's attorneys have previously stated that LE is doing an end-run around Teri's Constitutional Rights by helping Kaine in the civil case, I wonder if they expected this response and it was part of a future legal strategy. Not sure exactly what their legal strategy would be but I'm sure they have one

Yes, I understand that it may not have been beneficial to Teri in the court of public opinion. But Teri's attorneys are more concerned with a court of law than the court of public opinion

 

[Donjeta]

They are all just trying to flex their legal muscles bigger than the other.

This is what I think too which is why this whole thing seems so strange. It's like Terri's lawyers showed off some peanut sized muscles in response to a bus sized muscle. "He's a meanie for not doing what we ask" just seems so lame coming from an expensive team of lawyers. Dunno... Maybe they just got Kaine to incriminate himself in something and laugh behind their beards now.

 

[Trt]

It seems that Terri's lawyers are at least concerned enough with the court of public opinion to mention such in two motions filed in a civil case where only a judge's ruling matters.

Jmo

 

[ThoughtFox]

You COULD assume that her silence is an indication of her guilt. Or you could assume that she's not choosing to sling mud.

How do you think the court will see it...when the day comes.

I think they'll see this: That Terri doesn't deny any of the "facts" put forth by Kaine.

She doesn't deny the drinking, she just wants to see the baby. But she doesn't want anything in evidence about the root causes of her drinking or her problems.

Sorry, but she has to play by the rules like everyone else. No evaluations, no visitation. She doesn't get to make her own rules.

She doesn't deny the sexting or the MFH plot, she just wants Kaine to give in and break the restraining order by letting her have her way outside of court. That ain't gonna happen.

Any parent in her situation would have to undergo questioning by a judge and some type of evaluation, and without that, she can't have what she wants. And I personally feel this is a good thing.

 

[Trt]

I don't think so. But I do think that Kaine still has time to respond to the divorce settlement presented by Terri.

If he does that, then I believe there will be a filing by their attornies.

I doubt he will though, seems he has no interest in actually finalizing the divorce or visitation...from where I sit, they are both being used as mechanisms to pressure her.

Terri Horman is the one that wants an abatement on the divorce. Kaine
was willing to settle it when he first filed. I don't see why Kaine would want to settle visitiation considering he feels that Terri is a danger to his daughter. Terri just wants Kaine to help her maintain her silence and he has zero to gain by helping her stay silent. Terri is not a victim, no matter how her lawyers want to portray it. Kaine has every right not to broker back end deals just as Terri has a right to stay silent and value her freedom. But she may lose out and that is a risk that she has chosen to take and should not be blamed on Kaine. Jmo

 

[Donjeta]

I think they'll see this: That Terri doesn't deny any of the "facts" put forth by Kaine.

She doesn't deny the drinking, she just wants to see the baby. But she doesn't want anything in evidence about the root causes of her drinking or her problems.

Sorry, but she has to play by the rules like everyone else. No evaluations, no visitation. She doesn't get to make her own rules.

She doesn't deny the sexting or the MFH plot, she just wants Kaine to give in and break the restraining order by letting her have her way outside of court. That ain't gonna happen.

Any parent in her situation would have to undergo questioning by a judge and some type of evaluation, and without that, she can't have what she wants. And I personally feel this is a good thing.

And then she whines that it was mean of Kaine to mention these things, doesn't he think of the children and how they feel? (Well, lady, if you're not denying the allegations, didn't you think of the children while doing it? Why is talking about Terri drinking etc worse than Terri drinking?)

 

[BringKyronHome]

Terri Horman is the one that wants an abatement on the divorce. Kaine
was willing to settle it when he first filed. I don't see why Kaine would want to settle visitiation considering he feels that Terri is a danger to his daughter. Terri just wants Kaine to help her maintain her silence and he has
zero to gain by helping her stay silent. Terri is not a victim, no matter how her lawyers want to portray it. Kaine has every right not to broker back end deals just as Terri has a right to stay silent and value her freedom. But she may lose out and that is a risk that she has chosen to take
and should not be blamed on Kaine. Jmo

One of the first responses was that she does NOT contest the divorce and is willing to move forward on that, but does want to postpone the custody issue.

It would seem they are attempting to settle out of court on the first part - which seems largely to do with not allowing her to testify.

Just to be clear, I'm not blaming Kaine for anything. I think her legal team is just trying to paint him & her in a different light - for the court. I think their mention of public opinion is there just in case for later on.

 

[Trt]

One of the first responses was that she does NOT contest the divorce and is willing to move forward on that, but does want to postpone the custody issue.

It would seem they are attempting to settle out of court on the first part - which seems largely to do with not allowing her to testify.

Just to be clear, I'm not blaming Kaine for anything. I think her legal team is just trying to paint him & her in a different light - for the court. I think their mention of public opinion is there just in case for later on.

I think that if Terri Horman and her lawyers filed a motion along with this motion not to fight to see her child to withdraw their abatement motion, I'd take them more seriously. I remember in the beginning they also said that they wouldn't fight the divorce...then comes an abatement motion. I agree with you that it is basically anything that would require that she actually speak up on her daughter's behalf. That doesn't look good for public opinion, IMO.

I'm not accusing you of blaming Kaine for anything(I didn't get that from your post), but her lawyers sure seem to be.

Jmo

 

[Bethlamb16]

I haven't written in awhile and I am still on the fence but some days lean each way. I have worked for lawyers for over 30 years and one thing I know is there is always a strategy to both sides. That said the main thing that really stands out to me is we are a country based on innocent until proven guilty. While I would agree that any visitation at this juncture should probably be supervised when you think about it what has been "proven" that Terri has done that should keep her from her child. There are many reasons she would not want to speak whether she is innocent or not. Anything she says is twisted and I think she has been wise not to speak. I keep hearing people saying if she is innocent she would talk but you know what many innocent people have talked in the past and ended up in prison. I know it stinks because a child is involved but there is a chance that she is not involved. The fact that law enforcement has not charged her with anything is important at this point. You would think they would at least arrest her for the murder for hire -- I mean what more evidence do they think they will get on that. So to me on the MFH plot they have dangled this carrot out there and then keep lifting it higher and higher and the public has run with it. I have seen people get arrested with far less evidence so why haven't they arrested Terri. I also feel very irritated about how all of a sudden she has gone from a great mom to a "closet" drunk. If Kaine knew nothing about this then he was IMO a very poor husband. I am not saying he deserves what has happened but clearly he doesn't know his wife even a little bit. Also, I am tired of everyone bringing up her DUI years ago. Anyone who drinks could end up with this if they had 1 or 2 beers and had their child in the car. I am not saying it is okay to drink and drive especially with your child, however, I am not naive enough to know that many people will go to dinner with their family and have a glass of wine or a beer and these days that would be considered reckless or endangerment dui since there is a child in the car at least in our state it is automatic extreme DUI if there is a child with you even if you only had 2 beers. Anyway, I don't know if she is guilty or not but boy if she isn't I feel bad for her. I know I could eat my words. It really irks me some of the stuff Kaine has said now. I mean really, there would be nothing wrong if he said things were fine and couldn't imagine she would do these things. From what I have read that seems more like what happenend. I can find it believable that he didn't know how unhappy she was and think most men fall into this group -- I know not all -- but most men tend to not realize how unhappy their wife, girlfriend, etc. are until it is too late and they want it to end. I can't tell you the number of men who have told me their divorce came out of nowhere and I always say no it didn't you weren't listening! Anyway, I have rambled on enough but just wanted to say that Terri is entitled to a defense and the belief that she is innocent until proven guilty whether we like it or not because that is what our country is about and remember, one day, it could be you sitting where she is. You never know what you would do until you are in that position.

 

[desquire]

I don't understand her interest in a divorce agreement either. If she wants to settle it all soon why did she file for an abatement in the first place? What's her hurry to get an agreement before January?

The abatement prevents her from having to testify until at least January. A settlement would mean she would never have to testify. Why wouldn't she want that?

 

[JSR]

I was thinking the same thing!!!

Also, I was just wondering if an attorney would file a motion they don't think is in the best interest of their client, but at the clients persistence, files anyway????

You are correct attorneys may advise their client about the best possible options available to them. But that doesn't mean they have to listen. And many times they don't. But if a client instructs you to file something, despite warnings their counsel gives them, an attorney will file anyway. Although a prudent attorney would make sure that the record, ie. correspondence or some form of record is available showing that the warnings and issues were laid out to said client.

 

[JSR]

I don't understand her interest in a divorce agreement either. If she wants to settle it all soon why did she file for an abatement in the first place? What's her hurry to get an agreement before January?

So she doesn't have to testify. She doesn't want to be forced to testify so she's hoping to get an out of court settlement signed before January.

Kaine will never agree to any terms. And he shouldn't. The only way I see him agreeing is if she severs her parental rights and gives up all rights to any marital assets (if any). As in she gets nothing at all.

 

[Donjeta]

I wish we could drop the idea that Terri's DUI could have happened to anybody who had two beers.

VELEZ-MITCHELL: Well, but we`re learning more about her. We`re learning about Terri Horman. In 2005, she had a DUI. ABCNews.com reports that her 11-year-old son was in the car when Terri was pulled over. She had a blood alcohol level of 0.15. She was charged with DUI and child endangerment. We`re looking at her mug shot. She pleaded guilty and was sentenced to probation for 12 months and alcohol education classes.

http://archives.cnn.com/TRANSCRIPTS/1006/30/ijvm.01.html

She had a blood alcohol level of 0.15.

Now I don't know how much she used to weigh back then and how long she had been drinking by the time she got tested but IMO she got the blood alcohol level of 0.15 from more than one or two normal beers. The only way I could get 0.15 from two beers playing with this calculator http://www.ou.edu/oupd/bac.htm was if she weighed no more than 140, drank two Canadian Beers 500 ml 10% abv in 0 hours and that's a lot of drinking for 0 hours, anybody should know you can't drive after that.

A person weighing 140 drinking two 12 oz beers in 0 hours gets just 0.05, and the same in 1 hour gets 0.03. 0.15 is for example a 140 pound person who drinks seven 12 oz beers in three hours.

0.13 — 0.15 BAC: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria* is beginning to appear. Judgment and perception are severely impaired.