Respectfully <snipped>. The point that I was trying to make with my post is that divorce court is not the appropriate venue to extract information in a criminal matter from one of the parties. So far, Kaine's efforts have been fruitless because TH's attorneys know better than to let her (possibly) incriminate herself should she say anthing. So, she has been mum and will likely continue to evoke her 5th Amendment Rights. DH and I discussed this last night, and we both feel that the judge would likely not be amused by Kaine's comment.
Likewise, I think the reaction to Desiree's lawsuit will be met with the same opposition and that little headway will be made into what happened to Kyron. TH's attorneys will not allow her to become the target of yet another fishing expedition. Most of the talking heads said as much when Desiree's lawsuit was discussed on several TV programs last night. :moo:
I'm not sure why divorce court would be an inappropriate place to fish for information about the missing child of the divorcing couple - custody issues are settled in divorce court, as are allegations of sexual or physical abuse (which are also criminal matters) against the children involved - these issues of family misconduct are PART of the divorce and custody issues - so why wouldn't it also be appropriate to question allegations of the kidnap and murder of the children involved? And the judge's personal feelings of amusement or lack thereof should have zero to do with anyone's attempts to find Kyron's remains, nor can I see how it would affect Kaine's divorce petition. So he has an unamused judge signing off on the dissolution of his marriage - so what?
In any case, if there was even a 0.0000001% chance that Terri would trade information for the potential to have a relationship with her baby, of course they should have gone for it. And if she keeps pleading the 5th, so be it. At least Desiree is within her rights to pursue it, and her attorney will do his best to subpoena information - that is the important part. They are using the legal channels open to them to SEEK information and justice. I'm glad they don't have the defeatist attitude that if they suspect Terri might plead the 5th, they won't even bother trying. I can't imagine any humane person writing off their missing child because a judge MIGHT be unamused or because the potential murderer MIGHT plead the 5th.
How can a person be compelled to talk? If she doesn't want to, they can't force words to come from her mouth.
I also wonder how they can compel TH to tell the whereabouts of Kyron if she doesn't actually know.
It can be argued that LE and DY have enough proof of TH's involvement to convince them of her guilt & whatnot, but until I get to see some of this proof, I am actually trying to keep an open mind, and since I haven't come across any evidence that proves to me that TH was the person responsible for taking Kyron from Skyline, I am not convinced she did it.
As they said in the press conference, they are putting pressure on Terri by these requests. Clearly a kidnapper and murderer is not going to obey an authority telling her to give information about her crime. If they were honest enough to follow that kind of legal direction, they wouldn't have murdered a child, lied and then kept quiet about the crime for years in the first place. So no, I don't think they expect Terri to obey a legal order to confess the location of Kyron or his remains to them.
My impression is that this pressure is part of the same pressure started by LE when they uncovered whatever evidence led them to putting Terri's face and vehicle descriptions on posters with public requests for information about her location and actions on the morning Kyron disappeared. And that pressure continued with the public press conferences in which Desiree and Kaine were
allowed to share with the media that LE had shown them emails and documents that convinced them Terri was guilty. And that pressure continued further with the removal of Terri from her home and her baby. And the release of her sexual texts after her baby was taken from her. And with the posters put up near her parents' home that urged people to question her about Kyron. And now the law suit that might expose more of her emails, texts and actions, and which will continue to publicize her face under headlines that urge her to lead grieving parents to their child's remains.
My assumption is that it is believed that Kyron is the only child Terri has kidnapped and/or murdered, and that she might possibly be emotionally affected by her actions, and therefore she MIGHT be susceptible to mentally cracking under
all of this pressure and might not be able to keep the mental breakdown to herself, and maybe finally, under extreme stress, she might get drunk or crazed enough to let something slip to someone. And that finally LE could use that thread to start to unravel the truth.
I don't think it's a bad plan.
