What piece of misinformation gets your goat?

[wondering1]

oh, oh, I have a new one I just discovered googling around another legal issue.

That polygraphs are always inadmissible under Oregon law.


Party could introduce results of polygraph test taken by spouse for purpose of showing that response of party upon learning polygraph results was reasonable. Fromdahl and Fromdahl, 314 Or 496, 840 P2d 683 (1992)

https://www.oregonlaws.org/ors/40.255

 

[Krisy]

I do not think we are using the term "misinformation" correctly. The dictionary defines it as incorrect information.

We are using the word "speculation" interchangeably with "misinformation" "Misinformation" has a pejorative ring to it. Speculation is what we do here--the reason for this website.

A lot of the examples in the posts above are speculation, not misinformation. Terri 's mother telling people Terri and Desiree were friends was misinformation. Kyron not being able to see well without his glasses is speculation (although I thought Desiree said that in a press conference).

BBM..
I agree....I thought Desiree mentioned that he didn't wander far because his eyesight was pretty poor.

 

[desquire]

oh, oh, I have a new one I just discovered googling around another legal issue.

That polygraphs are always inadmissible under Oregon law.


Party could introduce results of polygraph test taken by spouse for purpose of showing that response of party upon learning polygraph results was reasonable. Fromdahl and Fromdahl, 314 Or 496, 840 P2d 683 (1992)

https://www.oregonlaws.org/ors/40.255

There are no absolutes in the law. There may be many things that come close to being black and white, bank-on-it, absolutes, but for every rule there will eventually be an exception. There are exceptions to the general rule regarding the inadmissibility of polygraph reports, the case you cited creates a pretty narrow one. It's hard to conceive a realistic scenario where Terri's polygraph would be admissible in the divorce proceeding and
virtually impossible to conceive of its admission in any criminal trial regarding Kyron's disappearance.

 

[wondering1]

There are no absolutes in the law. There may be many things that come close to being black and white, bank-on-it, absolutes, but for every rule there will eventually be an exception. There are exceptions to the general rule regarding the inadmissibility of polygraph reports, the case you cited creates a pretty narrow one. It's hard to conceive a realistic scenario where Terri's polygraph would be admissible in the divorce proceeding and
virtually impossible to conceive of its admission in any criminal trial regarding Kyron's disappearance.

Actually, I was surprised to see the decision is based on the basic exception to the hearsay rule. If a poly is not offered to prove the truth of the matter asserted (e.g., it is offered, instead, to prove the state of mind of the person hearing the results), then it can be admissible if it will assist the trier of fact and is not unduly prejudicial. I never thought of poly's as *hearsay* -- I always thought of them in terms of expert-type evidence. Inadmissible b/c the science is not reliable enough.

Sure, KH may not be able to get it in in this case. But given the general and specific debate over TH's polys in this case, I thought it was very interesting that there is an argument to be made. I wonder if KH's team will make it. jmoo

 

[desquire]

Actually, I was surprised to see the decision is based on the basic exception to the hearsay rule. If a poly is not offered to prove the truth of the matter asserted (e.g., it is offered, instead, to prove the state of mind of the person hearing the results), then it can be admissible if it will assist the trier of fact and is not unduly prejudicial. I never thought of poly's as *hearsay* -- I always thought of them in terms of expert-type evidence. Inadmissible b/c the science is not reliable enough.

Sure, KH may not be able to get it in in this case. But given the general and specific debate over TH's polys in this case, I thought it was very interesting that there is an argument to be made. I wonder if KH's team will make it. jmoo

There would have to be a claim where someone's state of mind upon hearing the results of Terri's polygraph is relevant. Given the facts in the Horman saga, the only way I could see this exception coming up would be in the divorce proceeding and Terri raised the issue of Kaine moving out of the house with the baby prior to getting the RO. Custodial interference can be excused if the party removing the child reasonably believed such action was necessary for the protection of the child. The polygraph results would be relevant to Kaine's state of mind (i.e., whether he had a reasonable basis for thinking Terri was a danger) at that time. Thus, KH's team could make a Fromdahl argument only if TH's team opens the door to that line of inquiry. No lawyer worth ~$350k is going to let that happen.

 

[Donjeta]

Misinformation about Kyron's deskmate TP. IMO a lot of what's been said about him has been a bit iffy. It has been said that he was the last person to see Kyron at 9:00 and that he saw Kyron after Terri had left but none of the videos or articles about him that I've seen have said either of those things in as many words. He spoke about the last time he saw Kyron but didn't say what time it was or whether or not it was before or after he saw Terri leave. IMO.

Edit: one or both items might be true for all I know but I'm just still waiting for the confirmation.

 

[Donjeta]

I've never seen this before (thanks BeanE) but here's another friend who tells the story about how Terri came into Kyron's life a little differently from Desiree.

http://www.people.com/people/archive/article/0,,20399962,00.html

Before Kyron was born, Horman was friends with his mother, Desiree Young, 38, and his father, Kaine, 36, a supervisor at Intel. While pregnant with Kyron, Young filed for divorce; two years later, sick with kidney failure, she traveled to Canada for treatment.

"Kaine being a new father didn't know how to raise a baby by himself,'' says Jones. "So Terri stepped in-and being friends with Desiree-said, 'I will come and I will help you take care of Kyron.'" Jones says after the divorce was final, a relationship blossomed between Kaine and Horman, "and they have been together ever since."