What facts point to Kaine's lack of involvement in Kyron's disappearance?

[1Chump]

We do know why it's sealed. Well, not specifically. But the judge said it could interfere with the investigation.

http://www.websleuths.com/forums/showpost.php?p=5362380&postcount=889

"After a hearing Friday, Kaine Horman's attorney, Laura Racknar, said her client needed time to review the request and file a response to the petition. Racknar presented an affidavit from the district attorney's office which stated that unsealing the order could have a damaging effect on the criminal investigation.

Judge Keith Meisenheimer said he's confident the public doesn't want to engage in the release of information that could compromise finding Kyron Horman."

Actually, that was the reason given for not unsealing per the media requests. Interesting that the DA did not appear. Kaine's attorney asked the DA to support Kaine in keeping it sealed and out of the public eye. The Judge's statement is based on the DA's affidavit. Even then the DA said it "could compromise."

IMO, if it really was sealed because it could compromise the investigation, the DA would be the one fighting to keep it sealed, not Kaine's attorney. IMO, that Kaine's attorney is fighting to keep it sealed supports that it was sealed to protect the minor child and not the investigation.

 

[human]

IMO, my initial response to hearing about the divroce/RO was "he is brilliant." Either he was taking advantage of the situation by filing for a planned divorce and insuring himself custody or to cast suspicion on the SM. Then I had to ask why the need to cast suspicion on the SM except to deflect suspicioun from him.

It was the divorce filing that "raised" my eyebrows. There was no need to file for divorce at this time. By filing for divorce, he made it public. He could have filed for a RO which would have been sealed from the public due to the involvement of the minor child. With the media missing him moving out, they had no idea there were problems in that marriage until the divorce was filed. The divorce filing is what lead to the reasons for the RO. Without the divorce filing, the RO could have been spun as threats/harassment by an unknown. The media found out about that filing too quickly. In my experience, the only time the media finds out that quickly about a court filing is when they have been tipped off.

Until then I had never given him much thought.

Just my opinion.

If he truly believes that she did something to the missing child, I seriously doubt that he wants to expend his assets on a trial for her.

 

[human]

IMO, We do not know that it is sealed because of the investigation. IMO, that is horrible speculation by the media. The RO involves a minor child which is most likely why it is sealed. Family law records involving minors are sealed from the public to protect the minor.

IMO, the divorce is public and the proceedings are open the public. But the child custody part is sealed and the proceedings are closed. RO's fall under the Family Court. As the RO involves a minor, it should be sealed just as the custody part is sealed.

I believe it says right on the RO that it is sealed because of the investigation. At any rate, it is not rumor, but don't have to look for it.

RO's in my city are printed in the daily paper with minor's listed as minor OBO.

Not sealed.

 

[1Chump]

BBM - We do know that is the reason stated by both KH's attorney and the judge. Scroll to the bottom under Also Friday

http://www.oregonlive.com/portland/index.ssf/2010/07/search_for_kyron_horman_costs.html


A consortium of news agencies, including The Oregonian, failed Friday to persuade a Multnomah County judge to unseal Kaine Horman's petition for a restraining order against his wife and the order itself.

Circuit Judge Keith Meisenheimer decided that the right of Kaine and Terri Horman to be heard on the issue outweighed the public's right to know immediately what's in the restraining order and the documents supporting it.

He continued the hearing until July 13 so lawyers for the estranged couple could respond.

Prosecutors argued in an affidavit that disclosing the contents of Kaine Horman's petition would have the "significant potential" to harm the criminal investigation into the second-grader's disappearance.

The judge seemed to agree, saying that the public does not want the court to release any information that would "compromise the safe recovery of Kyron Horman."


Also, IMO the hearing scheduled for July 13 is a continuation of the petition filed by the "consortium of news agencies" to unseal the order. It is NOT a hearing for TH to respond to whatever it is in the RO that is not allowing her to see her child. Two different issues, therefore I would think, two different hearings.

BBM...An affidavit presented by Kaine's attorney. IMO, that the DA or someone from the DA's office did not go to court themselves says that they are not that concerned.

 

[RoughlyCollie]

BBM...An affidavit presented by Kaine's attorney. IMO, that the DA or someone from the DA's office did not go to court themselves says that they are not that concerned.

The DA knew the affidavit would be sufficient. I think that's why they did not go to court -- they are very busy and it was not necessary.

At the hearing in a couple of weeks, it will be interesting to see if anyone from LE shows up. Personally, I think that this interim period is very important to the investigation -- I think that LE is hoping that either they will find Kyron or Terri will break down to the point where she confesses.

 

[nonfictionrocks]

If he truly believes that she did something to the missing child, I seriously doubt that he wants to expend his assets on a trial for her.

TH would still be entitled to half these assets regardless of whether she is involved or not. They could have had a prenup but I think this is doubtful. JMO

 

[oceanblueeyes]

I sure would like to see the actual court document when Desiree filed a RO on Kaine and see what reasons she gave for doing so.

It would be interesting to me to compare the two if Kaine's RO is ever unsealed.

IMO

 

[sofia76]

That is in a court of law.

What if you are the main suspect and you are innocent? Wouldn't you want to be able to prove that you didn't have anything to do with the crime, so LE could put their resources to solving it? Wouldn't you be afraid that you would be arrested? What if the case went to trial, wouldn't you be afraid of being judged guilty?

Sure you might want to, and you could try your best. But innocent people do end up in prison sometimes. There are few guarantees in life. Best way to avoid that (I guess) is to not live alone and generally be able to account for your whereabouts ...? Oh, and make enough money to hire a good criminal lawyer so that you can avoid being charged with a crime based on suspicion in the first place.

 

[grandmaj]

Kaine is off limits for sleuthing but not for discussing his behavior.

We sleuth case players all the time. What we do differently is we do not allow sleuthing of just anyone and we do not allow personal info to be posted that is not in any sense related to the case.

Be sure that information you provide in your posts can be backed up with MSM links. We are not allowed to bash or make wild assumptions about this family. They deserve the benefit of the doubt that they are grieving about Kyron more than any one of us.

Bump........... I am seeing all sorts of rumor and wild assumptions in this thread. Unless MSM reports on suicide :nono: The red mustang story has become a real problem. It is being repeated through the threads. It has not been reported on MSM and as such is a rumor even if someone claims it is true on a blog.

Let's get back to the subject matter here. We had a thread for the restraining order that went over 900 pages. Thank You.

 

[evelyn24]

That is in a court of law.

What if you are the main suspect and you are innocent? Wouldn't you want to be able to prove that you didn't have anything to do with the crime, so LE could put their resources to solving it? Wouldn't you be afraid that you would be arrested eventually, or that the perp would go free? Wouldn't you be concerned if your reputation and the trust your family and friends had in you was being eroded?

In that situation, I think an innocent person would have good reason to despair if they could not prove their innocence.

No, because how does one PROVE a negative? I think it's impossible. Investigators are paid to find the perp and should be smart enough to use their resources properly.
If I knew I didn't do it, I'd get an attorney and let the investigation take it's place and run it's course.
I'd be worried about finding my kid first of all, and then I would make sure I was fully cooperating with LE, and hope the proper person was arrested and justice was done.
That's all an innocent person can do. Running around trying to prove I'm not guilty of something would not be effective imo.
LE should be smart enough figure that out on their own with a solid alibi and other evidence, etc.

 

[Pensfan]

TH would still be entitled to half these assets regardless of whether she is involved or not. They could have had a prenup but I think this is doubtful. JMO

bbm
(Respectfully) No, she won't. Oregon is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. Terri and Kain have only been married for approx. 3 years. She only lived with Kaine after Kyron was born to be the babysitter. (Pensfan coughs and clears throat.)
http://www.divorcesource.com/info/divorcelaws/oregon.shtml

 

[sofia76]

I hadn't caught who Kaine's lawyer was. He has a very good lawyer (Laura Rackner).

 

[NewsMuse]

Kaine is an architectural engineer so by nature he is logical, exact and organized person, as exact as the calculus and physics courses he had to take to become what he is.

Trying to apply logic and ground rules to the media, and determining the criteria for what a 'team player' is, Kaine, and Kaine alone, has managed to refocus the public eye off of his missing son and onto himself.

With that said - I say get him off the stage! Let Desiree manage the press conferences. Her words are heartfelt, sincere, and resonate with people everywhere; she extracts compassion from the public, not scrutiny. Her agenda is clear and simple - she wants her son back - end of story.

Another huge plus for Desiree is that she appears to have 100% support from her LE detective husband and of course, he has the backing of LE everywhere. Please get off the stage Kaine and know that it does matter how one is perceived by the public. I have no doubt you are in crisis and in pain over your missing son, but please step aside for now. moo mho mhho

ITA. You stated this so much better than I did. :bow:

Also agree with the rest of your opinion; would like to add: Desiree's detective husband is in the background. He may or may not be telling Desiree everything he knows; however, he does know media and how LE can use certain things to their advantage.

 

[adh74]

If he already suspected at that point that Terri was responsible, then it wouldn't surprise me if he seemed "freaked out". He certainly knew that he was not free to say anything to that effect, and yet if that's what he was thinking, it was surely the number one thing on his mind. Plus I'm sure he (and Terri and Desiree and her husband) had been given a dizzying set of "don'ts" by LE, re details that should not be revealed in the press conference, and that would make anyone nervous, even it wasn't a situation where their thoughts were consumed with the recent disappearance of their child. Look what happened to the school principal when he said one "wrong" word in a press conference -- LE practically tackled him to get him away from the mike.

I missed that one...what happened? Do you have a link?

 

[winterrose]

ITA. You stated this so much better than I did. :bow:

Also agree with the rest of your opinion; would like to add: Desiree's detective husband is in the background. He may or may not be telling Desiree everything he knows; however, he does know media and how LE can use certain things to their advantage.

I totally agree,also,Kaine's demeanor from the beginning,actually both him and Terri took focus off Kyron and had everyone scratching thier heads.Desiree's demeanor on the other hand and Tony's statement was how you'd expect to see any parent's nightmare of having a missing child.But,actually at this point,unless they have anything new,I don't see the point of family pressers.Especially since Kaine's controlling the media's articles on what they report.LE's pressers with Kyron's photos out there is keeping this in the media.

I'm not posting some things I want to say,because I keep seeing this little smiley face with a finger swaying back and forth,no no no. :angel: :innocent:

 

[1Chump]

I believe it says right on the RO that it is sealed because of the investigation. At any rate, it is not rumor, but don't have to look for it.

RO's in my city are printed in the daily paper with minor's listed as minor OBO.

Not sealed.

OBO stand for "on behalf of,"

I think you are talking about the Notice of Restraining Order. Those usually are published because the person cannot be personally served with the Notice. Many people try to avoid service thinking they can violate the order then claim they were not aware of it. The Court orders the Notice of Restraining Order to be published which then constitutes service,, ie notice to the person. Even if the person never sees the Notice, it prevents them from arguing they only violated the RO because they were unaware.

 

[Emma Peel]

Kaine is an architectural engineer so by nature he is logical, exact and organized person, as exact as the calculus and physics courses he had to take to become what he is.

Trying to apply logic and ground rules to the media, and determining the criteria for what a 'team player' is, Kaine, and Kaine alone, has managed to refocus the public eye off of his missing son and onto himself.

With that said - I say get him off the stage! Let Desiree manage the press conferences. Her words are heartfelt, sincere, and resonate with people everywhere; she extracts compassion from the public, not scrutiny. Her agenda is clear and simple - she wants her son back - end of story.

Another huge plus for Desiree is that she appears to have 100% support from her LE detective husband and of course, he has the backing of LE everywhere. Please get off the stage Kaine and know that it does matter how one is perceived by the public. I have no doubt you are in crisis and in pain over your missing son, but please step aside for now. moo mho mhho

Agree with your assessment of Kaine's persona. Kaine has moved into work mode for Kyron’s case and has made LE his new Intel. Managing the family side of Kyron’s case is his new job. I’m guessing he works off a constantly refined plan and makes to-do lists daily with his whole team. The first thing he does every morning is call LE to see what they need him to do that day.

I respectfully disagree that Kyron's father should abdicate these responsibilities to Desiree. He is Kyron's father, and custodial father, after all. His place is right there, with Kyron's mother.

Kaine seems willing (and is likely capable) to organize and lead & handle uncomfortable conflicts. By taking those responsibilities, he frees up Desiree as the sympathetic face, heartfelt and genuine voice for Kyron and his family. His administrative role lets Desiree be her maternal self - just Desiree.

And we agree - that that is the best way to use Desiree. She does a great job.

IMO, this just a good business decision - dividing those tasks. Tony could be the group leader, perhaps, but there would only have been criticism about Kaine if he did.

In time Kaine & the press will figure this awkwardness out...they have to - for Kyron.

Finally, I think Kaine's stepping it up here in a leadership/organizational role is another fact which points to Kaine's lack of involvement in Kyron's disapearrance. Perps don’t ask the media to meet with them twice a week. Perps don't put themselves into the spotlight, especially if they are private people.

yes mods, smooth but sincere move there to stay on-topic.

 

[winterrose]

But,this is LE's place to lead an investigation,not Kaine's,he's not in charge of this investigation,although it appears he has taken it over.He's taken the focus off Kyron and ticked alot of people off,which causes more questions on what really happened and since this is a divorce,are we hearing only his version of what's going on.I wonder if LE is going to put him in his place,and take the lead back,because they are looking very weak at this point.I hope the investigation isn't all being based on Kaine's account of everything.At this point,it's seeming very one sided.

 

[evelyn24]

But,this is LE's place to lead an investigation,not Kaine's,he's not in charge of this investigation,although it appears he has taken it over.He's taken the focus off Kyron and ticked alot of people off,which causes more questions on what really happened and since this is a divorce,are we hearing only his version of what's going on.I wonder if LE is going to put him in his place,and take the lead back,because they are looking very weak at this point.I hope the investigation isn't all being based on Kaine's account of everything.At this point,it's seeming very one sided.

How has HE taken the focus off of Kyron?

 

[Ms Suzanne]

what if the man of no character truly believed the woman took his child and did something with that child?

IMHO I personally don't feel he thought that.I feel a man of character would not have went behind her back filling for divorce when she thought everything was ok.It's sounds very controlling to me.A power issue.I feel it was wrong.If he was so concerned about the welfare of his child why did he wait untill he filed divorce to say something.I personally and honestly have had enough of all this.What is everyone doing right now to find this little boy.Where is little Kyron?