2010.07.26 Grand Jury begins

[cypress]

I'm really beginning to believe the interest in DS is a fishing expedition on the part of LE to cover their asses. I'm really wondering, with all this talk of how much money has been spent, and the majority of the focus being on Terri, if LE doesn't almost need it to be Terri at this point.

The majority of LE's resources have been focused on Terri, and if it's not Terri, someone, somewhere is going to have to explain why the largest search/investigation in Oregon's history was focused on the wrong woman.

Also, I find it odd that DY and KH are suspicious of DS and say she's not cooperating, but don't know anything about what could be a major development in the case.

Curiouser and curiouser.

 

[nursebeeme]

I think the only reason "certain things" were shared with Kaine pertaining to the investigation was directly related to his safety/safety of the baby re: murder for hire plot that came about in their investigation.

Other than that I don't think LE shares anything with them other than the same basics that any family of a missing child gets.

Also, I guess we can debunk that theory that Kaine was at the police department for three hours pertaining to the upcoming GJ since he knew nothing about it.

I also have further questions on how and what led the family to put DDS's picture out in the media.... was it after the search warrant was served and they became aware of her??? Especially after the audio interview last night where Kaine says he hardly knew her. Could they have seen the piece in the WW coupled with knowing her property was searched????:

On June 30, four days after Kaine Horman left home with his daughter Kxxxx, several cars were seen driving away from the house where Terri Horman remained living alone.

One of those cars belonged to Terri Horman’s parents. Another belonged to Spicher.

Curious if Spicher had any insight into the case, we knocked on the door of her condo in Tualatin several days later. The woman who answered the door was the same person shown in the photo and identified as Spicher in the press release from Kyron’s parents.

But the woman at the door told us DeDe Spicher wasn’t home. She identified herself only as a “friend” who was in town “to help.”

Asked where she was from, the woman paused and looked away.

“Where I’m from,” she said.

We left our card and walked away, thinking that if people are going to fib, they should at least be quick about it

http://blogs.wweek.com/news/2010/07...ede-spicher-wasnt-cooperative-with-us-either/

 

[Billylee]

Do we know for sure that DS's appearance was related to Kyron missing or could it be related to the MFHP?

 

[nursebeeme]

I'm really beginning to believe the interest in DS is a fishing expedition on the part of LE to cover their asses. I'm really wondering, with all this talk of how much money has been spent, and the majority of the focus being on Terri, if LE doesn't almost need it to be Terri at this point.

The majority of LE's resources have been focused on Terri, and if it's not Terri, someone, somewhere is going to have to explain why the largest search/investigation in Oregon's history was focused on the wrong woman.

Also, I find it odd that DY and KH are suspicious of DS and say she's not cooperating, but don't know anything about what could be a major development in the case.

Curiouser and curiouser.

probable cause for search warrant... what was the probable cause to search her home and take items from it? I personally think they have goods on her

 

[Emma Peel]

That is interesting that they didn't know in advance AND it's probably a good thing.

The family is briefed regularly, but it's not inside the investigation.

Tony, Desiree & Kaine certainly knew enough about Dede's refusal and/or hesitation in cooperating to write a big long stern letter to her. I thought they indicated they wrote that letter after being breifed?

Hmmmmmm...

Well, GJs are secret. So .... maybe the LE doing their briefings knows the DA agrees there is probable cause, but doesn't actually know the schedule of the DA & the GJ.

Bleh. I'm rambling. Sorry.

 

[WhyaDuck?]

pssst - watch the use of minors' names.

 

[BeanE]

This certainly further supports Dede's attorney's contention that it was simply an investigative grand jury to solicit info from Dede.

 

[tlcya]

pssst nursebeme, check your post number 5. It inadvertantly names minor baby K in the material snipped from the WW article. Can you edit that out please? TYIA

 

[STEADFAST]

I get the impression that a lot of Kaine and Desiree's information in this case comes "through the grapevine" and not directly from LE, except for the reasons Kaine gave for the R.O. It stands to reason that Kaine and Terri would have an overlapping group of friends who hear things from friends, etc., in addition to their own observation of Terri's behavior when they were still seeing her. I don't think LE is keeping them inside the loop concerning any evidence concerning a possible perp, nor should they.
I feel for them as victims, but I don't really see them as good resources for info, except for anything they personally witnessed.

 

[nursebeeme]

pssst - watch the use of minors' names.

fixed it... thanks!

 

[gitana1]

You would think that if LE was taking this to the GJ, they would have given KH and DY a heads up, and with all the things they have "noticed", wouldn't they want them to testify? This makes no sense to me......

GJs are supposed to be super secret. I don't think LE is allowed to tell them about it.
Also, none of those things the family has "noticed" seem pivotal to the case. They are emotional based things, not factual.
I think they would focus on major things like cell phone records, defendant police statements regarding her whereabouts and time line, text messages, e-mails from the defendant, video surveillance, and investigator's testimony. The only testimony from the family that I would think could possibly be that important would be from Kaine, regarding his movements that day and when he saw TH. But, he still could be called.

 

[grandmaj]

A Grand Jury is supposed to be secret. The District Attorney is an officer of the court. He is not supposed to give out any information about a seating of the Grand Jury to anyone. He could be prosecuted for doing so.

When subpeona's are issued that is generally when it leaks out. But not out of the mouth of the DA. That would be a huge :nono:

http://www.abanet.org/media/faqjury.html

Why are grand jury proceedings secret?
Rule 6(e) of the Federal Rules of Criminal Procedure provide that the prosecutor, grand jurors, and the grand jury stenographer are prohibited from disclosing what happened before the grand jury, unless ordered to do so in a judicial proceeding. Secrecy was originally designed to protect the grand jurors from improper pressures. The modern justifications are to prevent the escape of people whose indictment may be contemplated, to ensure that the grand jury is free to deliberate without outside pressure, to prevent subornation of perjury or witness tampering prior to a subsequent trial, to encourage people with information about a crime to speak freely, and to protect the innocent accused from disclosure of the fact that he or she was under investigation

 

[citigirl]

If the family does not testify, I think it is because the GJ is meeting about the MFH.

 

[tehcloser]

I understand that a GJ is secret. I guess I just thought that the parents of a missing child would be kept completely in the loop especially when said parents and LE appear to be on the same page.

 

[Melanie]

GJs are supposed to be super secret. I don't think LE is allowed to tell them about it.
Also, none of those things the family has "noticed" seem pivotal to the case. They are emotional based things, not factual.
I think they would focus on major things like cell phone records, defendant police statements regarding her whereabouts and time line, text messages, e-mails from the defendant, video surveillance, and investigator's testimony. The only testimony from the family that I would think could possibly be that important would be from Kaine, regarding his movements that day and when he saw TH. But, he still could be called.

But didn't we all know George Anthony was going before the GJ in the CA case? Is that because Florida is a sunshine state and this is not? I remember knowing well in advance when George was testifying.

So yah, for the parents not to know is kind of interesting.

MOO

Mel

 

[human]

GJ is investigative. It's not like an interrogation at the PD. It's to put forth info to see if there is enough for a trial.

That is how it is investigative.

 

[desquire]

This certainly further supports Dede's attorney's contention that it was simply an investigative grand jury to solicit info from Dede.

BBM. There seems to be this notion floating around that there are different types of grand juries and this one is just some limited type that is "simply investigative." There is no such thing and there is only one kind of grand jury. Every grand jury is charged with investigating whether a crime has been committed and the jury solicits information from every witness that is called toward that end. After the "investigation" they must draft a "presentment" to the court of the facts they've found that, if uncontradicted and taken as true, give rise to a reasonable suspicion that a crime has been committed. The court then instructs them as to the law and the grand jury then determines whether the facts in the presentment could, if unexplained or uncontradicted, warrant a conviction by the trial jury. That's what every grand jury does.

 

[joeskidbeck]

But didn't we all know George Anthony was going before the GJ in the CA case? Is that because Florida is a sunshine state and this is not? I remember knowing well in advance when George was testifying.

So yah, for the parents not to know is kind of interesting.

MOO

Mel

BBM
Especially when you consider that we all knew it from reading DD's cousins posts on that other board!

 

[cluciano63]

I am not surprised as I have never believed that LE is in cahoots with D&K and keeping them apprised of every development and telling them what to say or not say. I think D&K use that as an excuse to not talk about certain things at times. But I never believed that LE was behind the media assault on Terri. That serves no purpose for LE as they investigate and prosecution is well aware of jury contamination, aiding the defense by focusing too soon and too much on one person, etc. If it were true that LE is keeping D&K in the loop on every little thing I would be very worried about the professionalism of LE and as yet, I'm not. (A little worried about their capability, but not professionalism.)

 

[YellowSubmarine]

I think it extremely odd that they wouldn't have known about this. Especially since, like joeskidbeck posted, we all knew. I wonder if maybe they did know but instead of saying "no comment" they just said they didn't know to stop further questions? I just can't wrap my mind around the notion that a GJ is called in the case of a missing boy and his family wouldn't even have been informed. Plus, when they did hear about it, did they not run like heck to LE to find out what was going on? I would have. Hmmm . . . odd.