Kyron Horman's mom's civil suit against Terri Horman

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My husband, who is an attorney says that even if Terri's son goes into the military, he can still be subpoenaed and required to testify. There will be things to work out between the military and the courts.

For example, if he is in the US, the military may let him go testify, the court and military may decide to work out a date(s) depending on how much leave he needs. But, if he is on the front line in Afghanistan, they may not grant him leave to go testify in a civil suit. Again, it's up to the military and the courts to decide and work this out.
 
In the motion filed Tuesday to hold the case in abatement, Terri Horman says the civil suit seeks facts that could lead to a criminal prosecution. She wants the judge to stay the case by two years.

“While one can sympathize with Young,” Horman’s attorney, Peter Bunch, wrote in the filing, “her lawsuit is, at its core, an attempt to circumvent established procedures for discovery in criminal proceedings and is an attack on Horman’s fundamental constitutional rights.”

http://www.statesmanjournal.com/vie...0022/Stepmother-Kyron-Horman-seeks-delay-suit

whew! So glad to finally, finally climb down off that fence.

I steadfastly refused to decide Terri had disappeared Kyron based on the fact she was an unlikable person alone. I took tons of flack, I even pulled back from Kyron's discussion threads because of my inability to call a cheating, sexting, alcoholic woman a murderer as so many were.

I CONCEDE! There is no way that Terri Horman does NOT know where Kyron went. I am now fully convinced this awful person is also a murderer.

If any one has a crow eating emoticon I will gladly do so now.
 
It certainly makes one wonder which facts she is afraid of revealing.
 
It certainly makes one wonder which facts she is afraid of revealing.

yep and even on the wild, out there chance that the criminal charges she fears coming out of these facts is NOT regarding Kyron, it matters not to me. If she has been up to criminal acts she is capable of criminal acts in regard to Kyron IMO. This, for me was the last straw. The response to the civil suit have drug me from that fencetop forevermore.
 
Integrity could be described as airing out your negative side/criminal acts for the sake of finding a child and returning him to his parents.

Just sayin.
 
yep and even on the wild, out there chance that the criminal charges she fears coming out of these facts is NOT regarding Kyron, it matters not to me. If she has been up to criminal acts she is capable of criminal acts in regard to Kyron IMO. This, for me was the last straw. The response to the civil suit have drug me from that fencetop forevermore.

But, suppose, just suppose, she wasn't involved in whatever alone? There are a lot of ways to look at this, none of them good. In my opinion, Terri isn't the brightest light on the tree; there is more going on here than meets the eye.

In my opinion.
 
True. Defendants do not need to answer or show up at all. But then they automatically lose, and plaintiff wins whatever they asked for in the complaint. Terri might feel it doesn't matter because she has nothing anyway. Her folks may have willed everything they have to their grandchildren, cutting TM out of it entirely. She might feel it is worth getting a million dollar judgment against her rather than testify. But she has many years left to live and will eventually have to get a job and work. She will want to buy a car. A judgment can be garnished upon for a long time. I guess she could file bankruptcy. <shrug> Who knows? Maybe that is the plan. Don't answer. Let them win. File bankruptcy. Wholly unsatisfying to those who want justice, but probably a good strategy for her.



Can a civil suit be dismissed in a bankruptcy? Does the judge have the right to decide that, since the Bankruptcy Court is a federal court?
 
But, suppose, just suppose, she wasn't involved in whatever alone? There are a lot of ways to look at this, none of them good. In my opinion, Terri isn't the brightest light on the tree; there is more going on here than meets the eye.

In my opinion.



I think Terri is intelligent,and also very cunning and manipulative. She has hired very smart lawyers as well. I think her alcoholism and a possible personality disorder are the real problems with her, not a lack of intelligence.

IMHO...
 
My husband, who is an attorney says that even if Terri's son goes into the military, he can still be subpoenaed and required to testify. There will be things to work out between the military and the courts.

For example, if he is in the US, the military may let him go testify, the court and military may decide to work out a date(s) depending on how much leave he needs. But, if he is on the front line in Afghanistan, they may not grant him leave to go testify in a civil suit. Again, it's up to the military and the courts to decide and work this out.



He can be sworn in, deposed, and give testimony via video conferencing from anywhere in the world.
 
Tomorrow is the hearing to decide if the civil case will be delayed. This is the message left by Desiree's sister Kelly on Facebook:

A message from Kelly and Desiree:

Tonight Desiree and I will be leaving for Portland. The picture I&#8217;m posting now is Desiree and me when we were pregnant with Kyron and Mayson, where Kyron&#8217;s true story begins. When I started putting the stories of Kyron on this site it wasn&#8217;t just so you could get to know him, it was also to keep them from slipping away. We don&#8217;t realize how we take those little moments for granted as we go about our lives. Yes we stop to take pictures here
and there, but do we truly appreciate the moment. If there is one thing this has taught me it is to love wholeheartedly and without reservation because you don&#8217;t know what tomorrow will bring, and the thing that terrifies me the most is that I&#8217;ll start to forget, the sound of his voice will slowly slip away and there will be nothing new to replace it. We have missed out on more than 2 years of new memories that he should have been able to give us, and for him to have to wait another 2 is beyond unacceptable.

Tomorrow starts a new beginning in our fight to bring Kyron home. The needs of an adult should never be put above that of a child, EVER! Kyron needs to be home with his mother, so I implore you regardless of what faith you are or aren&#8217;t please take a minute Wednesday morning and say a prayer for Kyron. Wear his button, bracelet, light a candle, whatever and pray the court show sympathy to Kyron and not grant this delay.

To Kyron,
Our lives will never be the same without you, and our family can never be whole until you come home to us. You are loved more than words can say. Our pledge to you as always,

We Promise We Will Find You
We Will Never Stop!

http://www..com/kyronhorman
 
P.S. Hearing is scheduled for 9:30am PST tomorrow (Aug 15)
Can't be a coincidence that I checked this thread now.

Hoping for the best...for Desiree...for Kaine...and especially (to the maxest) for Kyron. :heartbeat:
 
Anna Canzano Twitter feed. She is inside the courtroom:


Judge: The motion in its entirety is denied...will allow deposition to take place. I think this means Desiree wins this round.
 
WOW! The deposition of Terri's son James will take place TOMORROW!

My edit: What do you want to bet he will plead the 5th.
 
Here is more of Anna Canzano's commentary and details:




Anna Canzano KATU :Terri's attorney: This is an active investigation there are still interviews going on by police in Oregon, in California


Anna Canzano KATU : Terri's attorney: Young should not be allowed to assume what are police responsibilities


Anna Canzano KATU : Terri's attny: Anything Terri provides for a civil case could be used for circumstantial evidence against her in a criminal case by prosecutors


Anna Canzano KATU : Desiree's attorney: Young has the constitutional right to know the whereabouts of her son / what happened to him

Anna Canzano KATU : The reason this case was filed 2 yrs after Kyron's disappearance was bc Young gave the criminal justice system the chance to do something & nothing was done

Anna Canzano KATU Judge Henry Kantor: The court invited the DA's office to comment on this matter -it chose not to take a position
 
Anna Canzano &#8207;@AnnaCanzanoKATU

Judge: will set parameters for the proceedings moving forward to protect the constitutional rights of Terri Horman and her son
 
Anna Canzano &#8207;@AnnaCanzanoKATU

Desiree Young confirms to me this is a rare victory for her in what's been a long ordeal
 
I think that's it! There should be news stories being filed on all the stations and Oregonian today so watch for them.
 
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