2010.06.28 - Kyron's Dad files for divorce and restraining order

Status
Not open for further replies.
  • #5,661
I didn't mean to imply TH was innocent. Never said that. I was commenting on Surfie's link above where one of TH's friends was told back on July 23rd, that LE had told her way back then, they had probable cause to arrest TH. What I said is I don't think they do, or she'd be arrested. And yes, I believe they are definitely still working on attempting to gather more, because they don't have enough.

Oh, okay. I got ya'. But do you believe it is possible (given the examples I have cited above), that there may be probable cause to arrest someone in a given case, but not enough to obtain a conviction, so LE delays the arrest?
See, I think they do have probable cause to arrest, which is a much easier standard of proof to show, than beyond a reasonable doubt, which I don't think they have yet. I mean, all one needs for probable cause, for example, is: "I saw the subject vehicle fail to put on their indicator light when making a turn. Upon pulling them over, I saw that the subject matched the description of an armed robbery suspect. So, I arrested him." In that case, "matching the description" could mean the subject is black, like the suspect, they have a similar build and were both wearing similar baseball caps. This happens ALL the time, especially when the subject is a minority, unfortunately. To me what a cop in that situation had to show to make that arrest is not much at all and would be likely primarily based on his own biases. Nevertheless, situations like that have repeatedly proved to be enough for an arrest but certainly not for a conviction.
So what I'm saying is it would probably not take much to show probable cause in Kyron's case to arrest TH, but that's a far cry from being enough to take it to trial. Please remember, there are different standards of proof that need to be met in different scenarios and those standards are vastly different when it comes to what you need to show to arrest and what you need to show to convict. IMO, that's why DAs fail to give the green light for an arrest, for what sometimes seems like long periods, in various cases.
 
  • #5,662
Yes, Gitana I agree 100%. So in using your example, arrests made in the cases you use, often to lead to an innocent person being arrested, and sometimes even convicted. If you were to ask LE, however, the arrest was legitimate and they had probable cause, because they "looked" like a suspect or whatever.

They are suspecting TH of either murder or kidnapping I would guess. This isn't a case of mistaken identity. So anyway, I wonder what it is they have in a murder/kidnapping case, that they call "probable cause to arrest" and yet have not done so. That's what's perplexing to me. I mean, if they had blood evidence, or something of that nature, she'd be in jail. So I guess what I'm saying is, LE may have something they feel they can arrest TH for, but they can't prove it. Thus, the GJ comes into play here in OR. And they STILL have not charged TH with anything. So I feel that whatever they have, if they in fact have anything, because that could have been just a statement made by LE to loosen lips, they haven't much. And that is JMO.
 
  • #5,663
She said investigators told her they already have probable cause to arrest Terri Horman on the alleged murder-for-hire plot and for Kyron’s disappearance.

I find that incredibly hard to believe.
 
  • #5,664
So it looks like the Hormans' divorce hearing is Thursday. Since the contempt charge has been dropped, what can we expect? Will we find out once and for all how much Terri paid for Houze? And where the $$ came from? Will anything come to light as far as the reasons Kaine listed for filing? Any ideas??
 
  • #5,665
So it looks like the Hormans' divorce hearing is Thursday. Since the contempt charge has been dropped, what can we expect? Will we find out once and for all how much Terri paid for Houze? And where the $$ came from? Will anything come to light as far as the reasons Kaine listed for filing? Any ideas??

This is what is being looked at, though I don't know what will be made public:


PORTLAND – Kaine Horman and his estranged wife, Terri Moulton Horman were granted an October 7 divorce hearing Wednesday.



Terri, the last person to see seven-year-old Kyron Horman before he vanished on June 4, had wanted the divorce delayed until after the criminal investigation into his disappearance is completed.

At issue were financial questions and an abatement proposal by Terri's lawyers to speed up the case. But a judge ruled the issues would all be addressed at one joint hearing on October 7. Kaine Horman wants Terri's financial information disclosed on how she was able to pay for a reported $350,000 in attorney fees.

http://www.kgw.com/news/kyron-horman/Kaine--Terri-Horman-expected-in-court-today-101470199.html
 
  • #5,666
Perhaps one of the lawyers can answer this (or anyone else)? - is attendance mandatory for both TH and KH at this hearing?
 
  • #5,667
Perhaps one of the lawyers can answer this (or anyone else)? - is attendance mandatory for both TH and KH at this hearing?

I don't know it's if mandatory, but I know one person who will be there voluntarily, looking good and having a four bodyguard team and her lawyers surrounding her like she's #1 on the FBI's most wanted list.
 
  • #5,668
I don't know it's if mandatory, but I know one person who will be there voluntarily, looking good and having a four bodyguard team and her lawyers surrounding her like she's #1 on the FBI's most wanted list.
I was a tad bit confused, with her last appearance, with a CDL lawyer at a divorce proceeding. That would of cost her money to have Houze there, when not needed, unless he is truly working pro bono. Her text to MC might have been in the context of, "If I had to pay for him , it would cost me $350,000."
 
  • #5,669
Or, her text to MC may have meant, if I have to go to court it's gonna cost me $350,000.
 
  • #5,670
Do we know what time this hearing is scheduled???
Nothing on news here but there is a 3 hour time difference.
 
  • #5,671
It's supposed to be listed on the court calendar the day before but I have not been able to find it this morning unless I'm looking at the wrong calendar?? Could they intentionally leave it off the calendar so we can't see it?
 
  • #5,672
or did lawyers get it postponed?
Will this be another shock........like stop the divorce???
 
  • #5,673
or did lawyers get it postponed?
Will this be another shock........like stop the divorce???

New things have been added to the calendar since I first looked this morning. It's possible they will add it later today. ? Does anyone know if they are under any obligation to post it?
 
  • #5,674
I don't know it's if mandatory, but I know one person who will be there voluntarily, looking good and having a four bodyguard team and her lawyers surrounding her like she's #1 on the FBI's most wanted list.

Hmm, I wonder if, when Kaine appeared in court, surrounded by 3 armed sheriff's deputies, he felt he was on the FBI's most wanted list, too.

I do recall him stating this was a "good faith gesture" and always wondered what he meant by that. In the grand scheme of things, the contempt really didn't weigh very heavily in the face of what Kaine and Desiree have accused Terri of. I imagine we'll see them both escorted into court with guards tomorrow.
 
  • #5,675
I'm confused, why would either of them have armed guards and who's paying for that? Did TH & KH hire armed guards?
 
  • #5,676
Well, considering there have allegedly been death threats against one and a murder for hire plot against other I can see nothing wrong in taking precautions. I don't really think that anybody would try anything in court but that's what security is mostly for anyway: helping to make sure nothing happens.
 
  • #5,677
Bunch reiterated that the $350,000 that Rackner suggested in court papers that Terri Horman paid for Houze was inaccurate and that Terri Horman didn't borrow any money to cover her attorney costs.

He suggested that a third party paid Houze and that the court will have to determine if the payment constitutes a marital asset.

http://www.oregonlive.com/portland/index.ssf/2010/08/terri_moulton_horman_creates_s.html

I just re-read this article, and found it interesting. I'm assuming the third party that paid Houze would be TH's parents, because I don't know who else it would be. However, why would the court have to decide if that's a marital asset. It wouldn't be, if they paid Houze directly, would it? Interesting statement that I hadn't seen before.
 
  • #5,678
Bunch reiterated that the $350,000 that Rackner suggested in court papers that Terri Horman paid for Houze was inaccurate and that Terri Horman didn't borrow any money to cover her attorney costs.

He suggested that a third party paid Houze and that the court will have to determine if the payment constitutes a marital asset.

http://www.oregonlive.com/portland/index.ssf/2010/08/terri_moulton_horman_creates_s.html

I just re-read this article, and found it interesting. I'm assuming the third party that paid Houze would be TH's parents, because I don't know who else it would be. However, why would the court have to decide if that's a marital asset. It wouldn't be, if they paid Houze directly, would it? Interesting statement that I hadn't seen before.

When I read that, I thought it was Kaine's attorney attempting to get her hands on whatever monies Terri had acquired, since she is still legally married to Kaine, and therefore money to one spouse could be considered marital assets. Although, now I think about it, aren't gifts to either spouse exempt from such a ruling? In any case, it would seem that Kaine opens himself up to the same rule, regarding his salary.

I dunno. I only imagine we'll get bits and pieces regarding any of it.
 
  • #5,679
There is a hearing scheduled for 9:00 am that is estimated to last 3 hours, then another hearing at 1:30 pm estimated to last for 2 1/2 hours. When motions are filed, the moving party is asked to estimate how much time they think it will take, and that is where the estimate comes from.
 
  • #5,680
I have searched and googled and watched several news shows and not a word about this hearing..............
Of course I have to remember the time difference ....it is still morning in OR.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
66
Guests online
2,655
Total visitors
2,721

Forum statistics

Threads
632,912
Messages
18,633,430
Members
243,334
Latest member
Caring Kiwi
Back
Top