Landscaper says Terri Horman wanted him to kill her husband!

[wondering1]

The federal crime doesn't apply to the states. The states have to have their own misprision of felony laws.

Thanks for this...

I thought this was interesting -- SC prosecuted based on common law. And it wasn't that long ago (at least by my standards lol)

In State v. Carson, 262 S.E.2d 918, 274 S.C. 316 (1980), Isaac E. Carson, the EYEWITNESS to a murder, refused to give law enforcement authorities information regarding the murder because he feared for his life if he cooperated with authorities. Carson was prosecuted and convicted of misprision of felony and sentenced to three years in prison.

The prosecution of Carson was based on the COMMON LAW. South Carolina did not have a misprision of felony statute. Instead the prosecution relied on title 14, chapter 1, section 50, of the Code of Laws of South Carolina. Under this statute the common law of England continues in effect in South Carolina. On appeal by Carson, the Supreme Court of South Carolina affirmed the conviction. According to the court, the prosecution was valid because misprision of felony was a crime at common law in England and because the South Carolina legislature had not taken steps to repeal the common-law crime of misprision of felony.

The crime of misprision of felony is similar to the crime of acting as an ACCESSORY after the fact because both crimes involve some affirmative act to conceal a crime. Two basic differences are that the crime of misprision is committed even if the defendant does not give aid to the criminal and misprision is committed only if the underlying crime is completed.


Read more: Misprision - Further Readings http://law.jrank.org/pages/8605/Misprision.html#ixzz0skYa4JH5

 

[citigirl]

Something isn't sitting right with me re the landscaper, i.e. able to cut thick brush and get into forested areas, lots of digging tools. Ugh!!!!!!!!

MOO

I wonder if the landscaper is really in the clear re: Kyron's disappearance. I want to know if he did work at Skyline.

 

[SuziQ]

My opinion is that Kaine seems to be a husband that his wives know is going to take the children, maybe out of love or maybe for spite. It seems if both wives were so worried about that at one time, then Kaine must throw around the threat - "I'm going to take the kids and there's nothing you can do about it!"

I agree it's no reason for Terri to plan a murder, but maybe it didn't start out as a motive for money, but spite. Was she capable of placing Kyron in harm's way? There's no real logic to get rid of Kyron in a devious fashion...is there?

If Kyron was ahead of TH on the inheritance list comes to mind.

ETA: or TH didn't want to share the proceeds.

 

[RoughlyCollie]

I can answer some questions about ORS if you have any.

Thank you! I would like to know what the elements of the crime of solicitation of criminal homicide (to whit, first degree murder) are.

Thanks,
RC

 

[marlap]

http://www.kgw.com/news/local/Hormanprobelatest-97771724.html

This article sheds a bit more light on it (sorry if it has been posted, I didn't see it). Says Terri claimed Kaine was having an affair and that the landscaper had come forward to police.

Wow!

This part of the article really struck me:

The landscaper - whom Terri had hired to do work last November without Kaine's knowledge - came forward to investigators as they reached out to everyone that they could find who had had contact with the family. While he said he had no intention of carrying out the plot, he did believe that he would be getting something from Terri.

"She led him on," sources said.

Weird...he had no intention of carrying out the plot but was "expecting something" and "she led him on."

I don't get that...

And this from the article was interesting:

On June 26th, the landscaper, who is cooperating with authorities and was wearing a wire, met with Terri and an undercover officer but Terri - perhaps suspecting something was up - cut the conversation short.

Undercover officer must have been posing as a hitman...but she got paranoid and spooked. Interesting that she met with the landscaper and the fake "Hitman"...that gives landscaper's story even more credence. She really thought she was meeting with a hitman....

 

[Curious Me]

The landscaper - whom Terri had hired to do work last November without Kaine's knowledge - came forward to investigators as they reached out to everyone that they could find who had had contact with the family. While he said he had no intention of carrying out the plot, he did believe that he would be getting something from Terri.

"She led him on," sources said.http://www.kgw.com/news/local/Hormanprobelatest-97771724.html

BBM Thanks for pointing that out. Very interesting.

 

[Dr.Fessel]

1) Perhaps the Oregonian would prefer not to face an expensive lawsuit when all of this guy's other clients drop him like a rock after seeing his name in the Oregonian. If he's not here illegally, that would be a very likely outcome, given that LE is obviously withholding his identity.

2) Actually, we have no idea that he didn't report Terri's murder-for-hire request to LE back when it happened. He may have done so, but told them truthfully that he had no idea if she was serious, and they may have looked at the family's lack of history of contact with LE and figured it was just a joke or misunderstanding, and dropped it. Or he may have figured she couldn't be serious, was just a nutcase, didn't end up doing any yard work for her, and never gave it another thought or even remembered (or knew) her name, until he saw her picture and home on the news in connection with Kyron's disappearance, and promptly contacted LE at that point. I have a guy who does occasional yardwork for me, who I know doesn't know my name, and who I know only as "John" -- I met him when he was doing work for a next door neighbor, and I assume he's illegal (Irish) since he always makes clear he'd prefer to be paid in cash and won't provide a mailing address for a check, even if it will mean weeks of delay in getting paid (I don't live at the property full time).

The article doesn't make at all clear how LE learned that this man had ever had any contact with Terri. He may well have come forward very early on, in response to the public appeals for tips, or he may have no longer been in the area and a former co-worker called in to LE that he'd once been to the Horman home with this landscaper he used to work for re bidding on a job, but never ended up working there. If the "landscaper" is an illegal immigrant who really just does unskilled labor, he may move around a lot in search of more work opportunities (or might even have gone to back to his home country when the economy took too much of a toll on his business).

LE also might have learned of the landscaper from a list Terri gave them of everyone who had been to the family's home in the past year (she might have voluntarily included him to avoid suspicion if he came forward independently in response to the public appeals). And then LE might have become suspicious when they interviewed Kaine and discovered he had no recollection of Terri ever having talked about hiring a landscaper, and decided it was worth tracking this guy down even if it appeared likely that he'd left the area months ago.

Just because we didn't hear about this landscaper until this morning, doesn't mean he wasn't already on LE's radar screen weeks ago, even if it may have taken them some to locate him and formally interview him. LE has certainly appeared to be a lot more focused on Terri since the very beginning, than they publicly admit to, and knowledge of something about the landscaper (even if not the whole scoop) may have been part of the reason.

If what they say is true they have no worry about a lawsuit.

I don't think this guy will be protected for long. No matter what his name will come out in a trial.

It takes a very special kind of person to be approached by someone in a murder to hire plot and offered money to kill and then keep that quite.

I feel it is the duty of the press to give those special kind of people the recognition they deserve in print.

 

[RoughlyCollie]

Thanks for this...

I thought this was interesting -- SC prosecuted based on common law. And it wasn't that long ago (at least by my standards lol)

It is interesting. A state's laws consist of both common law (case law) and statutory law. It can take a long time to research a law and give a legal opinion.

 

[SuziQ]

http://www.kgw.com/news/local/Hormanprobelatest-97771724.html

This article sheds a bit more light on it (sorry if it has been posted, I didn't see it). Says Terri claimed Kaine was having an affair and that the landscaper had come forward to police.

Actually the entire snip indicates LE contacted him first. It was a weird way to write it though.

http://www.kgw.com/news/local/Hormanprobelatest-97771724.html

The landscaper - whom Terri had hired to do work last November without Kaine's knowledge - came forward to investigators as they reached out to everyone that they could find who had had contact with the family. While he said he had no intention of carrying out the plot, he did believe that he would be getting something from Terri.

 

[roseofsharon]

If TH responsible, I believe the only motive was to hurt KH.

Just MOO

 

[KaylynnCouture]

Where was this reported? This OregonLive article says only: "After Kyron disappeared June 4, investigators with the county's Major Crimes Team tracked down the landscaper in the course of trying to interview everyone who had contact with the boy's family."

Some might jump to the conclusion that this means the landscaper didn't come forward voluntarily, but remember that a big part of LE's effort to "track down . . . everyone who had contact with the boy's family" consisted of putting out public appeals for anyone who'd had contact with them to come forward. We don't know that this isn't how they "tracked down" the landscaper.

It was in an article that first broke this morning (probably before it was edited a thousand times and updated a thousand times) that LE discovered that Terri hired the landscaper without telling Kaine, and LE found that to be odd so they went to the landscaper. I'll see if I can find the link..one sec.

 

[Curious Me]

Also I will have to think about the statement Terri made to the gardener that Kaine had had an affair. True? Also the article states there's other people who can support the gardner's claims - who?

How does this all fit together is almost beside the point as I am starting to hope Kyron will be found soon ALIVE. Dare I hope?

 

[Haeve]

I wonder if the landscaper is really in the clear re: Kyron's disappearance. I want to know if he did work at Skyline.

I would think the school district, which is a large one, would have its own landscape/grounds division and wouldn't hire independent landscape companies. Anyone working for the SD would be subject to a criminal background check. (Not saying someone who was cleared in a check is necessarily never going to turn criminal later, but schools are very careful about these things.) If someone was employed by the SD, I don't think they would also be self-employed on the side.

 

[CaringCitizen]

There is no basis for a federal prosecution. I have a highly experienced federal criminal defense attorney asleep on my living room couch. I woke him up, between snores by gently and repeatedly clearing my throat, to be absolutely sure of this.

:couch:

oke:

:rolling:

 

[SuziQ]

That article is definitely an update...

Interesting--it says the landscaper approached the police, not vice versa

I read that differently, JMO.

 

[Tink56]

As strange as this case is, could it be that LE gave this "leak" the go ahead? It's nothing new for them to say no comment or we can't comment on that, but what if they have a bigger plan in mind? IF someone does have Kyron they would be watching everything about this. They are now seeing that no one is being charged for this latest so they may start thinking that if they return Kyron, they won't be in as much trouble for it? MOO

I agree that there is SOME reason for LE to leak this information at this time. Perhaps they feel that TH isn't being as forthcoming as she could be and this is their "push" to help her cooperate to avoid even more charges...

 

[grandmaj]

snipped

The landscaper - whom Terri had hired to do work last November without Kaine's knowledge - came forward to investigators as they reached out to everyone that they could find who had had contact with the family. While he said he had no intention of carrying out the plot, he did believe that he would be getting something from Terri.

http://www.kgw.com/news/local/Hormanprobelatest-97771724.html

 

[seeking truth]

The landscaper, contacted by The Oregonian last week, confirmed that he was hired to do lawn work at the Horman home off Northwest Sheltered Nook Road. He said he's talked with detectives and could not comment further. His name is being withheld to protect his identity as a cooperating witness in an ongoing criminal investigation.

....................................

Why is the Oregonian protecting this guys identity? All he can do is testify now. Saying who he is does not change that at all. The sting part of the operation is over.

Release this guys name, he is an alleged criminal for not reporting the murder for higher scheme and there are people that might have seen him the day Kyron disappeared.

They should release his name and release his photo.

Hi, Dr. Fessell,

(bolding of your post by me).

Why? I mean, release his name and photo? We aren't a mob society, hopefully. I agree that this person should have reported Terri for asking him to kill her husband. But, now we are HERE, and assuming this man has some decency (he obviously did NOT kill Kaine; we really have no idea what type of conversation he had with Terri back then) maybe there is real concern that he be protected, also.

If Terri is as frightening of a human being as it is looking like right now, I would think everyone needs protection from her; especially this man who could be her ultimate downfall.

By, the way, Dr. Fessel, I truly enjoy your thoughts, your posts (I've read them mostly concerning HaLeigh) and your artwork. Please don't take this reply as an attack of any kind; just a different way of looking at this particular choice that the newspaper, and LE, and everyone else has made to protect the man and the investigation into Kyron. Poor baby, and his poor parents and step-father, and everyone who loves him.

ADDITION: As I was bolding parts of your post I realized that you make a wonderful point (bolded and underlined by me) about his face and name being released in case he was seen on June 4th or any other time in connection with Kyron. Not sure what to think about the wisdom in that, if this murder for hire plot isn't yet verified. Hard call.

My thoughts and opinions.

 

[swa]

I'm very skeptical of this whole thing, a bit to convenient for my liking.

My opinion only

I agree -- I don't believe it also. Too many times people try to put themselves in the middle of cases for the publicity.

 

[Haeve]

Thank you! I would like to know what the elements of the crime of solicitation of criminal homicide (to whit, first degree murder) are.

Thanks,
RC

I meant if you have any general questions about how ORS works. :angel: LOL, there is a search link on the ORS page I linked to. My Google-Fu is pretty good though. Would you like me to search?

Without revealing too much about my personal life, I'm not a legal professional (and not up on all that legal terminology or criminal law), but I am familiar with the process of creating and changing the ORS. If that cryptic statement makes any sense.