Is Terri's arrest imminent?

[Barry]

Here's what I don't get -- Supposedly the ro hadn't been issued yet. She claims to have been blind-sided about it and Kaine moving out, right? That means she knew nothing of the divorce or Kaines knowledge of the m-f-h plot and the affair accusations. In her mind all was well, right? Why was she sneakily looking for him at the gym and asking to be notified when he was there? If she had no ill-intentions, then just what exactly was she doing?

Hi, presuming she is innocent, maybe she didn't/doesn't totally trust him in Kyrons disappearance. Strictly theorizing.

If she is guilty, then yes, this is suspicious.

 

[SoCalSleuth]

everyone seems to leave out one small detail... Kaine automatically had an emergency restraining order until he had time and a business day to go to the court in front of the judge. so when she went to the gym there was a restraining order in effecct.....

Even if the restraining order was in effect at the time Terri went to the gym, she wasn't served with it yet, so at most, she could be charged with violating a restraining order as one doesn't have to be served with it to have it in effect. Again, it wouldn't support a kidnapping charge because that is a specific intent crime and she wasn't served with the restraining order at the time.

 

[LisaB]

At the time she went to the gym, all she knew was that her husband had taken her daughter and moved out of the house, without warning or explanation to a secret location. The one place she could expect to find Kaine and Kiara was the gym. Maybe she just wanted to see her daughter and talk to her husband to find out what was going on, precisely BECAUSE she had not been served with the divorce papers or restraining order yet and may not have known what prompted his departure.

 

[grandmaj]

But, she did call LE just after 11pm on the night Kaine left with K regarding custody claims. It would be really surprising to me if the responding officers did not advise her of her rights to go to the court and file a custody claim. I guess we will have to wait to see those reports. I do listen to the scanner tons and LE does tell a complainant what their recourse is.

But even after this Police Response, Terri claimed everything was OK and that Kaine had not moved out.

Those actions do not show me , that she was naive to what was happening.

 

[Bathbuddys]

???

Even his own attorney says this happened prior to service. I don't see where there was an 'automatic' restraining order in place before a judge ordered it so; I'm not sure such a thing even exists.

It does believe me from personal experience more than once...it is given by the commissioner after hours.....

 

[Bathbuddys]

Even if the restraining order was in effect at the time Terri went to the gym, she wasn't served with it yet, so at most, she could be charged with violating a restraining order as one doesn't have to be served with it to have it in effect. Again, it wouldn't support a kidnapping charge because that is a specific intent crime and she wasn't served with the restraining order at the time.

an emergency restraining order doesn't have to be served as it wouldnt be an emergency RO if it had to be. It is to protect until business hours
It is also possible to get full custody temporarily under certain circumstances until a court date and then more permanent arrangements are made.

 

[PortlandMama]

I apologize I didnt know that you were there. I had an ex abusive boyfriend and on a friday night the police commisioner gave me an emergency restraining order til the following monday and my friend Nicole Simpson got one too.... sorry.

I never claimed to be there, no more than you, but these elements are all verifiable. I am simply trying to help maintain accuracy with respect to this case. It has nothing to do with my personal history.

 

[SoCalSleuth]

an emergency restraining order doesn't have to be served as it wouldnt be an emergency RO if it had to be. It is to protect until business hours
It is also possible to get full custody temporarily under certain circumstances until a court date and then more permanent arrangements are made.

I know, that's what I wrote. I was responding to your prior post that TH could be arrested for attempted kidnapping.

 

[cluciano63]

What good does it do the case if she is arrested for attempting kidnapping on the baby? I don't think the case would hold up and she would be out of jail soon enough and it would not help find Kyron. I don't think LE wants her in jail just to have her in jail. In Oregon, where they seem to have to bring the case to trial so quickly, they don't want to show what they have on Terri before they are ready.

 

[honey]

Apparently the LE does not have the proof. I am still wondering about the report of KOIN's message from a "diver" that the body had been found and then was asked to retract this info. Why on earth would a diver relate something like that. Can someone respond to this as to what they think.

 

[helpfulcharlie]

Apparently the LE does not have the proof. I am still wondering about the report of KOIN's message from a "diver" that the body had been found and then was asked to retract this info. Why on earth would a diver relate something like that. Can someone respond to this as to what they think.

Yeah, that was interesting. That alert and immediate retraction came out right around the time the search teams packed up and left (6/17-ish). I can't think of a case where LE has covered up the discovery of a body, that just seems crazy. I think it's more likely a rumor / distraction technique by someone with a sick mind.

 

[Calliope]

It does believe me from personal experience more than once...it is given by the commissioner after hours.....

He didn't even apply for the RO until the 28th.

 

[Chewy]

What good does it do the case if she is arrested for attempting kidnapping on the baby? I don't think the case would hold up and she would be out of jail soon enough and it would not help find Kyron. I don't think LE wants her in jail just to have her in jail. In Oregon, where they seem to have to bring the case to trial so quickly, they don't want to show what they have on Terri before they are ready.

I am still clueless to how anyone sees her "kidnapping" her baby right now just because she asked to be notified if Kaine showed up. He's being treating her harshly for some time now. I think it is ridiculous that people are calling this an attempted kidnapping.

 

[Chewy]

I have a problem with motive, and the area and manner of his disappearance.. If TH wanted to dispose of Kyron, there would have been many better ways to do it, if it were a pre-planned crime.,he could have disappeared on a trip to Disney, or a family camping trip. He could have met with an accidental accident that would result in fatal injury-I think it would be much easier to arrange a fall off a trail, or out of a boat on a river, then a school disappearance. A 'false' kidnapping on a family trip would be much easier to pull off, especially if there were an accomplice. If premeditated-there are so many other ways that would have been far easier and less risky in terms of being observed. She could not have been sure Desiree or Kaine would not get a call from the school, and she could not be sure someone would not have seen her leaving. If an accident occurred, which she is covering up-I don't think a 4-5 hour time span would be enough time to completely cover up, clean up and resume care of baby K, and not leave some clue, residue or evidence LE could easily pick up. In a panic, under stress-there surely would have been SOME mistake made-even a small one would lead to her downfall.

because of manner, motive and evidence, I don't see an arrest being imminent.

She took care of this child for at least 6 years, and by all accounts in the first few weeks, did a good job. She appeared to be a loving caring stepmom. Kyron appears to be happy, and well cared for. There may have been 'warning' signs, as we are hearing now-none confirmed however-and obviously there were NO signs obvious enough for anyone to remove Kyron from her care. Everyone was satisfied, no one was saying 'hey, we need to get the child away from her'. Even allowing for Kaine to be in a comfortable state of denial, there were other people in the lives of this family, and I don't believe any of them had concerns for the safety and/or care of the children-(grandparents, gym, church,( if they went), friends and school. I just don't see anything that clearly gives me a reason of WHY... Even allowing for post partum, I just don't see her snapping on the day of the Science fair, or thinking she had the perfect set up for the perfect crime.

I agree with this thanks for posting it.

She could have easily done an accidental "bee sting" accident on a hiking trip and have called the police freaking out but no one got there in time.

I mean if we're going to suggest that she had something to do with it, the fact that the kid had bee allergies gives her a guilt free possibility that could have been done in plain sight.

 

[SurfieTX]

I have a problem with motive, and the area and manner of his disappearance.. If TH wanted to dispose of Kyron, there would have been many better ways to do it, if it were a pre-planned crime.,he could have disappeared on a trip to Disney, or a family camping trip. He could have met with an accidental accident that would result in fatal injury-I think it would be much easier to arrange a fall off a trail, or out of a boat on a river, then a school disappearance. A 'false' kidnapping on a family trip would be much easier to pull off, especially if there were an accomplice. If premeditated-there are so many other ways that would have been far easier and less risky in terms of being observed. She could not have been sure Desiree or Kaine would not get a call from the school, and she could not be sure someone would not have seen her leaving. If an accident occurred, which she is covering up-I don't think a 4-5 hour time span would be enough time to completely cover up, clean up and resume care of baby K, and not leave some clue, residue or evidence LE could easily pick up. In a panic, under stress-there surely would have been SOME mistake made-even a small one would lead to her downfall.

because of manner, motive and evidence, I don't see an arrest being imminent.

She took care of this child for at least 6 years, and by all accounts in the first few weeks, did a good job. She appeared to be a loving caring stepmom. Kyron appears to be happy, and well cared for. There may have been 'warning' signs, as we are hearing now-none confirmed however-and obviously there were NO signs obvious enough for anyone to remove Kyron from her care. Everyone was satisfied, no one was saying 'hey, we need to get the child away from her'. Even allowing for Kaine to be in a comfortable state of denial, there were other people in the lives of this family, and I don't believe any of them had concerns for the safety and/or care of the children-(grandparents, gym, church,( if they went), friends and school. I just don't see anything that clearly gives me a reason of WHY... Even allowing for post partum, I just don't see her snapping on the day of the Science fair, or thinking she had the perfect set up for the perfect crime.

My only explanation for this is that Kyron was to go to DY's and TY's home that afternoon. He could have recently seen something or heard something that he planned on telling his mom.

 

[ami]

Thinking of possible motives and opportunities, it does seem more and more like there must have been an accomplice. To whomever.

- If TH wanted to arrange for Kyron to "go missing" - it would have to be a time when he was not on her watch so she could claim that others were negligent and she could not be blamed.

When was Kyron technically not in TH's care?
*At school.
*At DY and TY's home.
*The gym daycare? babysitter?

Were I to choose which place had more opportunity for Kyron to become lost in a shuffle and his disappearance to go unnoticed for a short time, I suppose I would choose school because of the large number of children, distracted caregivers looking after a large crowd of kids. Better still when regular patterns were suspended, such as a special event with kids milling around out of class.

I honestly don't know how she could have counted on no one noticing his disappearance for that long. I would assume they'd notice and report his absence right away, especially if he'd been there that very morning and now was not. If TH were guilty, would she have expected the call much earlier? And raced back to the school "frantic" and "searched" for him and called Kaine? In that scenario she would have had to take Kyron, hand him off to someone else, and be available immediately (cover story: went straight from science fair to shopping, errands, banking, etc) to run back to school when his disappearance was discovered and she was called. ??

LE clearly has far more information than we do... were I on a jury with the small amount of evidence we have here, I wouldn't be convinced beyond a reasonable doubt. So if her arrest were imminent, there would have to be quite a bit of compelling info and time lines that we simply don't have access to right now.

 

[tlcya]

everyone seems to leave out one small detail... Kaine automatically had an emergency restraining order until he had time and a business day to go to the court in front of the judge. so when she went to the gym there was a restraining order in effecct.....[/QUOTE]

That is no "small detail" IMO. However regardless of when he had one, until notice is given to the respondent (Terri) she cannot be expected to honor it. How can you be faulted for not obeying an order of the court that has not been given/relayed to you?

In this country we don't have secret police, secret trials, secret hearings (closed ones yes, secret no), or secret restraining orders.

ETA I do not think an arrest is immenent. I wish one were. If it would lead to some answers to the question "Where is Kyron??"

 

[Emma Peel]

Thinking of possible motives and opportunities, it does seem more and more like there must have been an accomplice. To whomever.

- If TH wanted to arrange for Kyron to "go missing" - it would have to be a time when he was not on her watch so she could claim that others were negligent and she could not be blamed.

When was Kyron technically not in TH's care?
*At school.
*At DY and TY's home.
*The gym daycare? babysitter?

Were I to choose which place had more opportunity for Kyron to become lost in a shuffle and his disappearance to go unnoticed for a short time, I suppose I would choose school because of the large number of children, distracted caregivers looking after a large crowd of kids. Better still when regular patterns were suspended, such as a special event with kids milling around out of class.

I honestly don't know how she could have counted on no one noticing his disappearance for that long. I would assume they'd notice and report his absence right away, especially if he'd been there that very morning and now was not. If TH were guilty, would she have expected the call much earlier? And raced back to the school "frantic" and "searched" for him and called Kaine? In that scenario she would have had to take Kyron, hand him off to someone else, and be available immediately (cover story: went straight from science fair to shopping, errands, banking, etc) to run back to school when his disappearance was discovered and she was called. ??

LE clearly has far more information than we do... were I on a jury with the small amount of evidence we have here, I wouldn't be convinced beyond a reasonable doubt. So if her arrest were imminent, there would have to be quite a bit of compelling info and time lines that we simply don't have access to right now.

That's a good thought about Terri needing to expect a phone call, ami.
:clap: :clap:

Maybe add it to the "someone besides Terri" thread.

The scenario you describe also makes the doctor appointment story, and/or the real reason no the teacher did not send off alarms about Kyron, critical. It's an important part of this story that we haven't been able to verify.

Kaine was asked about the Dr. appt for Kyron and behaved as if he had no idea if there had been a doctor appointment excuse for Kyron, or even one scheduled for the next week. (I think it was in the first Sat. morning show interview with Kaine & Desiree.)

 

[Bathbuddys]

He didn't even apply for the RO until the 28th.

You got that right! It was on a saturday that he went and got out of the house within 15 minutes per police request. That is why they gave him an emergency one until he could go on monday and file one and see a judge....the hearing on it will be the 22nd I think?

 

[Bathbuddys]

everyone seems to leave out one small detail... Kaine automatically had an emergency restraining order until he had time and a business day to go to the court in front of the judge. so when she went to the gym there was a restraining order in effecct.....[/QUOTE]

That is no "small detail" IMO. However regardless of when he had one, until notice is given to the respondent (Terri) she cannot be expected to honor it. How can you be faulted for not obeying an order of the court that has not been given/relayed to you?

In this country we don't have secret police, secret trials, secret hearings (closed ones yes, secret no), or secret restraining orders.

ETA I do not think an arrest is immenent. I wish one were. If it would lead to some answers to the question "Where is Kyron??"

Teri knew of the restraining order on that saturday as she called 911 remember? and NO you don't have to be "informed" of an emergency restraining order and it isn't a secret, it's a law.