The accusation that TH tried to abduct the baby

[pinkpuddytat]

Can't an emergency RO be issued on weekends and during off-hours and be granted by a magistrate (kinda like how a TDO can be obtained) ? IOW, did he necessarily have to wait until Monday afternoon to file this petition? Given the immediacy of the mandatory remedy, I don't understand why someone in danger should be forced to wait for court to open.

In the practical sense, I don't think he was forced to wait for anything he or Baby K urgently needed. LE advised him to take the baby and move out, and not disclose their whereabouts to Terri, and he did so (quite possibly with direct assistance from LE). In all likelihood, LE also notified child welfare officials about the situation, and probably notified Terri as well, once Kaine and the baby were safely away from her (I can't imagine she wasn't informed that LE knew Kaine's and Baby K's whereabouts within a short time of her June 26 911 call re a "custody issue").

If there had been an emergency that really required action before Monday, I'm sure an order could have been obtained over the weekend. E.g. if Terri was physically in control of Baby K and refusing to let Kaine take her anywhere, despite police being on the scene and suggesting she let him take the baby until she "calmed down". Lacking such an emergency, it probably just made more sense to wait until Monday, when all relevant agencies and the court were fully staffed. But I really really doubt that Terri hadn't been informed that the RO was forthcoming. Her claim that it came as a "surprise" to her doesn't hold water any better than her claim to reporters right before she received it, that the rumors Kaine had moved out were untrue -- he and the baby had been gone for 2 full days and nights at that point!

 

[matou]

There seems to have been premeditation to abduct baby K:

Terri asked the clerk to contact her if Kaine arrived there with Kiara in the future, according to the affidavit, while was filed as part of a contempt of court proceeding Monday.

http://www.kmtr.com/news/local/stor...bout-Terri-Horman/Bcnkou0gC0ikBZPfzWYmRw.cspx

 

[ami]

Kaine didn't even sign the petition for the RO until the 28th. I have no idea who would have given her a heads up unless it was Michael.

IMO, she knew after the 911 call - maybe not the specifics, but my guess is they told her that Kaine and baby K had left the home with the LE's knowledge and it was not an abduction. I think spending the weekend with her husband and baby elsewhere and the media asking her repeatedly if the rumors that Kaine had left her were true would also give her a heads up.

 

[pinkpuddytat]

Kaine didn't even sign the petition for the RO until the 28th. I have no idea who would have given her a heads up unless it was Michael. I hope Kaine was smart enough to keep his plans to himself, but in this case I remain amazed at how the major players seem to be clueless.

As I mentioned, LE could well have given her a heads up in connection with their response to her 911 call re a "custody issue". No way was Kaine "keeping his plans to himself" -- you can be sure that LE was actively involved in the preparation of the RO request. For all we know, the gym might have been a last minute addition to the request, because the gym manager had called LE about Terri's odd vist/request, and LE immediately called Kaine's attorney and advised adding the gym to the RO request. IMO the details of the RO request were pre-approved by LE, and probably by the judge as well, having been consulted by LE in advance as to how much and what kind of evidence of would be needed to get the order issued.

The news broke shortly after 5; I wonder when the police were called? Could it have been after it was reported there was a RO in the works? Or if Kaine had showed up and was told what happened and asked they call the police?

Very good point. The sequence *could* have been:
1) Terri visits the gym and makes this odd request, which the clerk reports to the manager
2) RO is issued, and gym manager is immediately notified because the gym is specifically named in it
3) Gym manager calls police to report Terri's visit/request.

I'm not so sure the police can do such a thing without a court order in effect.

Police can advise anybody of anything they think is necessary to keep everybody safe, as long as it's not divulging any specific information that general law or a court order prohibits divulging. When they responded to Terri's "custody issue" 911 call, they obviously had to tell her something, and advise her on a course of action. When they advised Kaine to take the baby and leave, they presumably also had some discussion with him about how Terri would react and how to handle that. So very likely they had his explicit verbal approval to tell her they were safe, but not to expect them to be coming home. And in the interests of preventing her from taking actions that would lead to additional police calls, they most likely advised her not to try to locate Kaine and Baby K, and just to accept LE's assurance that they were safe and didn't want to be found. They may or may not have mentioned to her that Kaine and his attorneys were in the process of preparing to file an RO request on Monday, but I doubt anything would have legally precluded them from telling her that, if they felt it was the best way to keep her calm and prevent any injuries or property damage that might result from her undertaking a raging attempt to track them down.

 

[Haeve]

Not to be a stickler for details, <snip>

Why not?

 

[BeanE]

KPTV Fox 12
Gym Owner Says Stepmom Acted Suspiciously
Terri Horman Banned From Club, Owner Says
POSTED: 7:32 pm PDT July 13, 2010
UPDATED: 8:17 pm PDT July 13, 2010

Briede said he feared for K., who is in the custody of her father, and alerted authorities about the incident.

"Her behavior was definitely suspicious and I felt like it was justified to make that phone call to the authorities to make them aware her behavior was odd," Briede said.

Terri Horman was banned from the club, Briede said.

http://www.kptv.com/news/24250187/detail.html

 

[Calliope]

KPTV Fox 12
Gym Owner Says Stepmom Acted Suspiciously
Terri Horman Banned From Club, Owner Says
POSTED: 7:32 pm PDT July 13, 2010
UPDATED: 8:17 pm PDT July 13, 2010

Briede said he feared for K., who is in the custody of her father, and alerted authorities about the incident.

"Her behavior was definitely suspicious and I felt like it was justified to make that phone call to the authorities to make them aware her behavior was odd," Briede said.

Terri Horman was banned from the club, Briede said.

http://www.kptv.com/news/24250187/detail.html

Arg.

I want to know when she went there and what exactly she said.

I know. Silly me.

Guess that ain't gonna happen :banghead:

 

[Day Dreamer]

This has been bugging me. I know I have posted this on another thread; but, I am hoping one of our fellow sleuths is a legal guru and can answer this question for me: Is Terri guilty of attempting to abduct Baby K at the gym even though the RO had not yet been served? Assuming the court documents are correct.

Anyone in the legal field or anyone w/ experience w/ this type of thing please give me your take on this as far as legality and technicality. I hope that makes sense.

Kaine has filed court documents accusing Terri of attempting to abduct Baby K from the gym. Let me just say that I completely understand why Kaine felt he needed to press charges; and, I am in NO WAY defending Terri or her actions. At this point, I do believe that Baby K is safer w/ her father; and, she is better off w/out contact w/ her mother ... at least until some of this can be resolved. It kind of sounds like Terri was planning to abduct Baby K and disappear herself (possibly to meet up w/ Kyron?).

Here's where it gets sticky for me. The day Terri attempted to abduct Baby K the RO had not been served yet. From what I have read, Terri felt completely blindsided by the divorce and RO served on her later that evening (per her "friends"). Now, Terri is Baby K's biological mother and was her primary care giver up until recently. If she had been able to pick up Baby K at the gym and leave w/ her PRIOR to being served w/ the divorce and RO, could she have been charged w/ abduction / kidnapping her own child? At that point, Terri still had legal custody of her child right?

Basically, I want to know, from a legal stand point, will the alleged attempted abduction charge hold up in a court of law since she had not been served w/ the RO yet? :waitasec:

I do believe that it was Terri's intentions to get the baby back and disappear. Whether she has Kyron safe somewhere to meet up w/ him or if she was hoping to disappear herself before she could be charged w/ Kyron's murder I still do not know.

After being served w/ the RO, she goes to MC, shows him the documents, and has him google a map to the residence Kaine & Baby K were currently living at. Was she about to make another attempt to abduct her daughter w/ MC's help? Could it possibly be that Terri was trying to seduce MC into becoming the next "hit man" using her disgusting and immoral barter system as well as a possible accomplice to abduct Baby K in the process?

BBM
http://www.kptv.com/news/24276994/detail.html

Since then, allegations surfaced that Terri Horman allowed one of Kaine Horman's high school friends, Michael Cook, to photograph the then-sealed document with his cell phone. Court documents also allege Terri Horman and Cook had an affair and that she tried to abduct her daughter from a gym.

 

[PolyGraph]

This has been bugging me. I know I have posted this on another thread; but, I am hoping one of our fellow sleuths is a legal guru and can answer this question for me: Is Terri guilty of attempting to abduct Baby K at the gym even though the RO had not yet been served? Assuming the court documents are correct.

Anyone in the legal field or anyone w/ experience w/ this type of thing please give me your take on this as far as legality and technicality. I hope that makes sense.

Kaine has filed court documents accusing Terri of attempting to abduct Baby K from the gym. Let me just say that I completely understand why Kaine felt he needed to press charges; and, I am in NO WAY defending Terri or her actions. At this point, I do believe that Baby K is safer w/ her father; and, she is better off w/out contact w/ her mother ... at least until some of this can be resolved. It kind of sounds like Terri was planning to abduct Baby K and disappear herself (possibly to meet up w/ Kyron?).

Here's where it gets sticky for me. The day Terri attempted to abduct Baby K the RO had not been served yet. From what I have read, Terri felt completely blindsided by the divorce and RO served on her later that evening (per her "friends"). Now, Terri is Baby K's biological mother and was her primary care giver up until recently. If she had been able to pick up Baby K at the gym and leave w/ her PRIOR to being served w/ the divorce and RO, could she have been charged w/ abduction / kidnapping her own child? At that point, Terri still had legal custody of her child right?

Basically, I want to know, from a legal stand point, will the alleged attempted abduction charge hold up in a court of law since she had not been served w/ the RO yet? :waitasec:

I do believe that it was Terri's intentions to get the baby back and disappear. Whether she has Kyron safe somewhere to meet up w/ him or if she was hoping to disappear herself before she could be charged w/ Kyron's murder I still do not know.

After being served w/ the RO, she goes to MC, shows him the documents, and has him google a map to the residence Kaine & Baby K were currently living at. Was she about to make another attempt to abduct her daughter w/ MC's help? Could it possibly be that Terri was trying to seduce MC into becoming the next "hit man" using her disgusting and immoral barter system as well as a possible accomplice to abduct Baby K in the process?

BBM
http://www.kptv.com/news/24276994/detail.html

Since then, allegations surfaced that Terri Horman allowed one of Kaine Horman's high school friends, Michael Cook, to photograph the then-sealed document with his cell phone. Court documents also allege Terri Horman and Cook had an affair and that she tried to abduct her daughter from a gym.

Great Post. I agree with it 100 percent and that is a great question could that have been another abduction atempt? One has to wonder...

 

[Calliope]

He's pressing charges against her?

 

[Day Dreamer]

He's pressing charges against her?

Well, that is the impression that I got from reading several news articles. I could be wrongly assuming; but, it did say that her attempting to abduct Baby K was in the court records (possibly w/ the contempt of court issue??)

If anyone else is can provide more clarity on this issue please do.

ETA: I do not want to contribute to any kind of rumors; so, if I am wrong about Terri facing charges for the attempted abduction please correct me.

 

[Donjeta]

Well, that is the impression that I got from reading several news articles. I could be wrongly assuming; but, it did say that her attempting to abduct Baby K was in the court records (possibly w/ the contempt of court issue??)

If anyone else is can provide more clarity on this issue please do.

ETA: I do not want to contribute to any kind of rumors; so, if I am wrong about Terri facing charges for the attempted abduction please correct me.

It is mentioned that she went to the gym day care asking to be notified when Kaine and the baby come there in the petition that Kaine filed about being in contempt of the RO but it's not the main issue, the contempt charge is about revealing information in the sealed document to an outsider, MC.

 

[Day Dreamer]

Court documents released earlier this week added to the growing list of odd behavior coming from Terri Horman. Her husband claimed in a filing in which he attempted to have his wife held in contempt for violating the emergency restraining order granted June 28 that she tried to "abduct" her 20-month-old daughter from a gym day care after the emergency restraining order was granted.

http://abcnews.go.com/GMA/search-kyron-terri-horman-death-threats-facing-eviction/story?id=11178014

BBM OK, now I am confused. This article says Terri attempted to abduct baby K from the gym after the emergency order was granted. Which was it? I was under the impression that she was not served until later in the evening after her attempt to abduct. Is that wrong? Did this happen after she was served the RO?

If the RO had been granted but not served yet, would Terri still have been in contempt of the RO if she didn't even know it existed?

 

[Calliope]

Court documents released earlier this week added to the growing list of odd behavior coming from Terri Horman. Her husband claimed in a filing in which he attempted to have his wife held in contempt for violating the emergency restraining order granted June 28 that she tried to "abduct" her 20-month-old daughter from a gym day care after the emergency restraining order was granted.

http://abcnews.go.com/GMA/search-kyron-terri-horman-death-threats-facing-eviction/story?id=11178014

BBM OK, now I am confused. This article says Terri attempted to abduct baby K from the gym after the emergency order was granted. Which was it? I was under the impression that she was not served until later in the evening after her attempt to abduct. Is that wrong? Did this happen after she was served the RO?

If the RO had been granted but not served yet, would Terri still have been in contempt of the RO if she didn't even know it existed?

ABC is wrong. The document filed with the court says this happened prior to service.