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

[speedracer1263]

I'm unclear........he marked the box that says Terri is living in his house, owned solely by him......why doesn't he go all the way and have her removed from the family home so that baby K at least can have a semblance of normalcy?

My opinion

She is currently sequestered in a house ,that is probably under heavy surveillance, no fire arms allowed, she can't go to probably her favorite work out spot, baby k is gone, her only fan club probably consists of the two who raised her and Ohhhhh the sounds that house must be making right now. I still believe this is a tactic by LE to get her to tell where Kyron is.

 

[mitzi]

He found out there was a hire for murder hit and it was in 2009?That was about 7 months ago.I honestly feel if she wanted him dead he already would have been by now.

I wonder if there have been some incidence/s where KH is now remembering some close calls he has had or something happened in the last 7 months that now fits with hearing about the hitman. :waitasec:

 

[mitzi]

I agree, and also if they have any vigils at the school, they wouldn't want her there. I am sure they also do not want her by Kyron's wall of hope either.

Michele Sigona said last night on either HLN Prime or JVM that there is going to be a vigil at the school tomorrow.

 

[Etilema]

I assume that Kyron is not named because she has no custodial rights to Kyron in the first place. Yet, as per my point two above, she is banned from a place that Kyron might frequent.

I would think a person *could* include a non-shared child on an RO. Like imagine a woman and her children are living with a new husband who becomes abusive. It would seem to make sense that she could have an RO that prevented him contact with herself OR her children.

So I'm guessing the reason Kyron is left off is because he is currently a missing person, so it is not relevant at present.

 

[Breathe]

"Kaine Horman's lawyer, Laura Rackner, has requested an expedited hearing on the restraining order petition and divorce proceedings.

Multnomah County Circuit Court Judge Keith Meisenheimer set a July 22 hearing date at 1:30 p.m, court records show."

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

BBM

So they are getting an expedited hearing for the RO and the divorce on July 22?

Does anyone know if that will be a closed hearing? (I'm assuming it will be - family court, no?)

Does that mean they'll be divorced sooner or is the hearing because the judge will decide custodial/sole parental rights? And then Terri and Kaine's lawyer's work out the rest of the details with alimony, retirement, child support, assets, etc. or will that be done at this hearing too?

Thanks! So many court questions...

 

[Aedrys]

I don't know how close their marriage was, or if it was at all different from the average. All I can say is that if the police came to me and told me my husband was planning my demise, they'd better have some solid stuff in order for me to hop up grab my children and take off.

That being said, not only did he hop up and leave, he got a restraining order and filed for divorce.

That makes me think whatever they have on the step mother has merit, even though she hasn't been charged. If she is involved, and they truly believe that Kyron is still alive, maybe they have reason to believe arresting her would somehow put Kyron in greater danger.

ITA!!!! This is exactly how I feel. I would have to have to more than LE just telling me that someone had a hit out on me. People usually don't want to believe the worst about a person. It seems like he knew she was having problems, but that doesn't mean he automatically would think she was capable of hurting Kyron or him on LE's word alone.

 

[DairyGirl]

ITA!!!! This is exactly how I feel. I would have to have to more than LE just telling me that someone had a hit out on me. People usually don't want to believe the worst about a person. It seems like he knew she was having problems, but that doesn't mean he automatically would think she was capable of hurting Kyron or him on LE's word alone.

I think the alleged murder for hire, coupled with the suspicious nature of Kyron's disappearance and whatever LE shared with him were enough to make him get out of dodge.

 

[Adalena935]

Definition of probable cause

http://www.yourdictionary.com/law/probable-cause

A necessary element of a legitimate arrest or legal search and seizure; a reasonable ground to believe that someone is committing or has committed an offense. It must amount to more than just suspicion, but need not rise to the level of evidence justifying conviction, according to Fourth Amendment to the United States Constitution.

 

[loves2bmom]

My opinion

She is currently sequestered in a house ,that is probably under heavy surveillance, no fire arms allowed, she can't go to probably her favorite work out spot, baby k is gone, her only fan club probably consists of the two who raised her and Ohhhhh the sounds that house must be making right now. I still believe this is a tactic by LE to get her to tell where Kyron is.

Per KPTV, within the last hour Kaine is asking for an ammendment to have Terri move out of their house. More to come at the press conference I'm sure....

ETA: adding link http://www.kptv.com/news/24186798/detail.html

 

[4BB]

Not totally off topic..but in the 3rd link in the OP was to an article. Here is an excerpt from that article.


After they left, on Saturday, June 26, Terri called 9-1-1 to report a "threat". According to the anonymous source in Blink On Crime, that "threat call" was made when that same landscaper, in his white truck, showed up to demand his payment of $10,000. Accompanying that landscaper, according to the Website, was an undercover detective, playing the role of the would-be-assassin's associate.

I think LE has their hands full with this one. I wonder if the landscaper helped weave this tangled web?? Funny how they added that little tidbit in their. Could the author possibly have a theory as well?

 

[Adalena935]

Very heartbreaking to read these legal documents.

 

[Breathe]

Per KPTV, within the last hour Kaine is asking for an ammendment to have Terri move out of their house. More to come at the press conference I'm sure....

ETA: adding link http://www.kptv.com/news/24186798/detail.html

Ohhhh, that's going to get ugly. I just pray that no matter what Terri feels for Kaine, that she doesn't do anything to Kyron's room out of anger. Kaine can replace towels and pots and pans but not Kryon's pictures, art work or smell on his clothing.

 

[darlin gal]

In a request filed July 8 with the Multnomah Court, Kaine Horman is asking that Terri Moulton Horman be legally forced to move out of their house."[Kaine Horman] is requesting an amendment to the [restraining] order so that [Terri Moutlon Horman] is require to move from and not return to the family residence."


http://www.koinlocal6.com/news/loca...ring-police-sting/Dz4uMChK60KCWjy3W5FG4Q.cspx

 

[Ladybulldog]

Kaine writes in the Petition for R.O. that LE has provided him probable cause to support his two grounds for the Petition: 1) that HE believes Terri is somehow involved in Kyron's disappearance; and 2) that HE believes Terri hired someone to kill him.

Well, it appears that we have all now learned the how and why regarding the murder-for-hire plot. What's missing, besides Kyron, is the how and why in the "probable cause" for her role in the disappearance.

If the "probable cause" for her part in the disappearance is as "reliable" as the PC for the murder-for-hire, I am not surprised she is still a free woman.

Evidently the PC for the murder-for-hire was flimsy enough or questionable enough that they felt the need to send the LS back to Terri's to get her on tape. I can only guess that the PC for believing she is involved in what happened to Kyron is just as thin.

Probable cause is a level of reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court. Before a person can be sued or arrested and prosecuted, the civil plaintiff or police and prosecutor must possess enough facts that would lead a reasonable person to believe that the claim or charge is true.

The probable cause standard is more important in Criminal Law than it is in Civil Law because it is used in criminal law as a basis for searching and arresting persons and depriving them of their liberty. Civil cases can deprive a person of property, but they cannot deprive a person of liberty. In civil court a plaintiff must possess probable cause to levy a claim against a defendant.

If the plaintiff does not have probable cause for the claim, he may later face a Malicious Prosecution suit brought by the defendant. Furthermore, lack of probable cause to support a claim means that the plaintiff does not have sufficient evidence to support the claim, and the court will likely dismiss it.

In the criminal arena probable cause is important in two respects. First, police must possess probable cause before they may search a person or a person's property, and they must possess it before they may arrest a person. Second, in most criminal cases the court must find that probable cause exists to believe that the defendant committed the crime before the defendant may be prosecuted.

 

[Kat]

This is typical of RO requests. Banning someone from an area the protected party may frequent.



It's the law. It is very usual for the accused to be banned from public places like schools, and businesses, where the protected party frequents.



You know that prosecutors want to take their time to make a rock solid case. May be probable cause to arrest but there may not be enough for a conviction. Those are two different standards - probable cause vs. guilt beyond a reasonable doubt. Once she's arrested, the clock begins to tick and some of their investigative options are narrowed. They have all the time in the world, especially now that the father and daughter are protected. I'm sure TH is being surveilled as well.




Seriously not a big deal. Typos happen all the time. As long as the case number is correct and the facts are correct, this is unimportant.



Yes, and they usually do.



They usually do consider only the petition. They could use other information if submitted with the petition as part of the petition. But, the evidentiary hearing is reserved for the regularly set hearing.

Ooops, I meant to state that the substantive evidence is reserved for the regularly set evidentiary hearing! Sorry.

Very good post gitnana I agree with everything you have written here too.

I have had the chance to see quite a few RSO's from here on WS (not against me or anyone else ) This one looks fine. You explained everyone's concerns. I agree with you.

Yup, I agree too that they have something on her. It's more than suspicion but it's not enough to convict as of yet.

There is still Kyron. IMHO his investigation would take precendence. I'm not saying they wouldn't be investigation any other crimes that she has commited (I'm sure they are and continue to do so) but the focus right now is Kyron. JMHO.

 

[redkatrampant]

hmmmm:waitasec: this is interesting. If he is afraid she is gonna harm him, why go where she would know where he is? Or is this just turning the ol screw tighter?

 

[brandi]

I just seriously hope she dosen't do harm to herself. I hope this does not send her over the edge!
She obviously holds a lot of keys to this investigation

 

[jnTexas]

I would too. He is making the payments and is liable since his name is the only one on the deed.

 

[SuziQ]

I wonder if there have been some incidence/s where KH is now remembering some close calls he has had or something happened in the last 7 months that now fits with hearing about the hitman. :waitasec:

I've been asking myself the same thing and thinking about a book I read years ago. The wife was eventually succesfull in killing her husband. But he suffered through very odd accidents in the months prior. One was tripping over fishing line strung across a sidewalk. I can't recall the name of the book. It was written by Vincent Bugliosi, the former DA for Los Angeles.

 

[Aedrys]

Seems like the only thing he hasn't taken from her is the Mustang. Ouch, forcing her to move out. That's definitely tightening the screws. No more hiding. I bet reporters are going to be camped out, waiting for her to leave the house.