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

[BringKyronHome]

The difference of opinion is that Terri has requested that the divorce related issues (monetary, custody, etc.) are abated, postponed and Kaine wants them dealt with speedily.

Ok, so given the current issues, it does seem like it would be unfair for the court to make any decisions regarding custody - given that she is innocent until proven guilty.

So still, why would there need to be a 'mini-trial' in order for the court to realize that she cannot fairly represent herself in court in regards to the divorce at this time...

Also, why wouldn't Houze simply agree to push it through - what's left to discuss? Custody? So deal with that later?

You know what makes me REALLY sad - I know she's making some poor choices, I get that...I almost feel bad for her...knowing that she's adopted...I just can't help but see those attachment issues, everytime I see her I see a woman that does not know how to define her self worth...one who thinks if everything around her appears ok, then she's successful...and then BLAM her whole world is upside down...and she's grasping for anyone to comfort her...and she makes a REALLY bad choice that is then broacasted for the world to see...and because of that everyone thinks this somehow proves her guilt.

I almost hope she is guilty, because the idea that Kyron may never be found and she may never be able to clear her name, means she will never be able to fight for custody or likely even visitation. That makes me sad for her, but REALLY sad for the children.

Anyway...I find this whole case upsettign on so many levels. At this particular moment I am still on the fence, as I am sure you can tell. And the more Kaine pushes the divorce the more I suspect him...just seems so odd for him to pursue this...does he REALLY expect that she will (assuming she is guilty) blurt anything out in court - DER!

 

[Aedrys]

Ok, so given the current issues, it does seem like it would be unfair for the court to make any decisions regarding custody - given that she is innocent until proven guilty.

So still, why would there need to be a 'mini-trial' in order for the court to realize that she cannot fairly represent herself in court in regards to the divorce at this time...

Also, why wouldn't Houze simply agree to push it through - what's left to discuss? Custody? So deal with that later?

You know what makes me REALLY sad - I know she's making some poor choices, I get that...I almost feel bad for her...knowing that she's adopted...I just can't help but see those attachment issues, everytime I see her I see a woman that does not know how to define her self worth...one who thinks if everything around her appears ok, then she's successful...and then BLAM her whole world is upside down...and she's grasping for anyone to comfort her...and she makes a REALLY bad choice that is then broacasted for the world to see...and because of that everyone thinks this somehow proves her guilt.

I almost hope she is guilty, because the idea that Kyron may never be found and she may never be able to clear her name, means she will never be able to fight for custody or likely even visitation. That makes me sad for her, but REALLY sad for the children.

Anyway...I find this whole case upsettign on so many levels. At this particular moment I am still on the fence, as I am sure you can tell. And the more Kaine pushes the divorce the more I suspect him...just seems so odd for him to pursue this...does he REALLY expect that she will (assuming she is guilty) blurt anything out in court - DER!

One, we don't know that this is going to turn into a mini trial. Only if Terri decides to contest any of this will it maybe turn into a mini trial. Kaine has the right to prove her wrong in court. He has the right to bring in witnesses to prove his side of the case. And Terri has the right do exactly the same for her side. It's not like she can't defend herself here. Also, Kaine can't force her to say anything against herself, nor can he hope to "get her" through divorce court proceedings. This is not television, and Kaine is not the villain here. He wants this over and done so that he can get on with finding Kyron and also get on with his life. It's hard to do that when he's not divorced and there are issues with that divorce that are not his fault.

Two, Terri has done this to herself. They wouldn't even be in court if she hadn't solicited someone to kill Kaine and then changed her mind six or more months ago. She chose to do that, and got caught. Terri is the one who texted about how much her lawyer cost. Terri is the one that indulged in bad behavior and made bad decisions - that is a reflection on her, not Kaine. And Terri is the one that wanted to drag the divorce out for up to TWO YEARS. So she's willing to not see her baby daughter for that long? Why not work this out and get visitation rights? No court is going to deny that when someone hasn't been charged with any wrongdoing. She can at least get monitored visitation - and THAT should be her priority, not CYAing for two years and then wanting to fight for baby K. She hardly sees her teenage son right now too, and that is also her choice. Choosing to stay away from her children rather than fight for them, or in the case of J, just see him more, is just not right. That is NOT putting her kids first, but herself first, which is extremely selfish of her.

I do agree that the kids are the ones suffering here, but that is not Kaine's fault, it is Terri's fault. If she would just clear herself once and for all if she's innocent, or if guilty, tell LE where Kyron's body is, this all could be over. Instead, she's choosing to hide behind a team of lawyers and bodyguards and let issues like a divorce drag out for YEARS if she had her way. Thank GOD the judge said no to her request, or this would be even more of a nightmare for Kaine. It's not like he's not going through enough hell already.

 

[Adrienne37]

Ok, so given the current issues, it does seem like it would be unfair for the court to make any decisions regarding custody - given that she is innocent until proven guilty.

So still, why would there need to be a 'mini-trial' in order for the court to realize that she cannot fairly represent herself in court in regards to the divorce at this time...

Also, why wouldn't Houze simply agree to push it through - what's left to discuss? Custody? So deal with that later?

You know what makes me REALLY sad - I know she's making some poor choices, I get that...I almost feel bad for her...knowing that she's adopted...I just can't help but see those attachment issues, everytime I see her I see a woman that does not know how to define her self worth...one who thinks if everything around her appears ok, then she's successful...and then BLAM her whole world is upside down...and she's grasping for anyone to comfort her...and she makes a REALLY bad choice that is then broacasted for the world to see...and because of that everyone thinks this somehow proves her guilt.

I almost hope she is guilty, because the idea that Kyron may never be found and she may never be able to clear her name, means she will never be able to fight for custody or likely even visitation. That makes me sad for her, but REALLY sad for the children.

Anyway...I find this whole case upsettign on so many levels. At this particular moment I am still on the fence, as I am sure you can tell. And the more Kaine pushes the divorce the more I suspect him...just seems so odd for him to pursue this...does he REALLY expect that she will (assuming she is guilty) blurt anything out in court - DER!

Can I ask what exactly you suspect Kaine of? Surely not Kyron's disappearance? I hope that's not what you mean. I can see Kaine's point crystal clear and that point is do WHATEVER IT TAKES to get her on the stand and hope and pray that she is going to spill her guts or let something slip.

As for the other part of your post regarding Terri being adopted, it sounds as if Terri's adoptive family are very generous and love her very much, and she was very blessed to have such a devoted family who have and are still willing to do whatever it takes to stand by her so I fail to see why or how that would or could cause her to have attachment issues. I see just the opposite of you I suppose. I see a cold, calculated, mean-spirted woman who was jealous to the inth degree of her stepson and hated her husband, the father of her daughter, so much that she tried to hire someone to kill him. I see a cold, calculated, and most likely murderer who cares for not one living soul, including her own children. She cares so little for them, in fact, that she sent her oldest to live with his biological father whom she had previously claimed had a drug addiction and her youngest who she doesn't even feel worthy enough to fight for in court. That's not the person that I choose to stand behind or the person that I feel even remotely sorry for. As I have stated on many many occasions, hell isn't hot enough for her IMO.

 

[MarieFaith]

Ok, so given the current issues, it does seem like it would be unfair for the court to make any decisions regarding custody - given that she is innocent until proven guilty.

So still, why would there need to be a 'mini-trial' in order for the court to realize that she cannot fairly represent herself in court in regards to the divorce at this time...

Also, why wouldn't Houze simply agree to push it through - what's left to discuss? Custody? So deal with that later?

You know what makes me REALLY sad - I know she's making some poor choices, I get that...I almost feel bad for her...knowing that she's adopted...I just can't help but see those attachment issues, everytime I see her I see a woman that does not know how to define her self worth...one who thinks if everything around her appears ok, then she's successful...and then BLAM her whole world is upside down...and she's grasping for anyone to comfort her...and she makes a REALLY bad choice that is then broacasted for the world to see...and because of that everyone thinks this somehow proves her guilt.

I almost hope she is guilty, because the idea that Kyron may never be found and she may never be able to clear her name, means she will never be able to fight for custody or likely even visitation. That makes me sad for her, but REALLY sad for the children.

Anyway...I find this whole case upsettign on so many levels. At this particular moment I am still on the fence, as I am sure you can tell. And the more Kaine pushes the divorce the more I suspect him...just seems so odd for him to pursue this...does he REALLY expect that she will (assuming she is guilty) blurt anything out in court - DER!

One major issue you did not address in your post is the whooping $350,000 Terri herself has said she paid her criminal defense attorney. As long as they are legally married, Kaine could be in jeopardy himself over this money. He needs to know where it came from. If it's actually a lesser amount, good...but he needs to have this whole money issue cleared up.

Given everything Kaine has been told by LE about Terri's activities, including of course the MFH plot, he would have to be suffering himself from severe emotional/mental problems if he did not want a divorce from her as soon as possible.

Obviously, the "data" that LE showed him has to be convincing, or why would he so suddenly want a divorce? I know it would take a mountain of evidence to convince me that my husband tried to have me killed...and I'm saying that even though my husband had his own serious issues for awhile with emotional stability.

 

[ami]

I'm honestly surprised at the amount of venom directed at Kaine. No one is auditioning him for a potential husband here, so what does it matter if he seems cold or you don't like how he phrased something about money? As far as I know he isn't suspected of abducting Kyron or setting up his wife to take the fall for something she didn't do.

I see a man who is using any strategy available to him to get information from Terri about Kyron and protect the rest of his family physically and financially. What more can you ask for from a grieving father who was told, and believes, that his wife tried to have him killed? He wants to not be married to her anymore. Divorces are emotional and can be ugly even when there's not also a missing child and possible murder for hire. I would say that Kaine pushing the divorce issue and putting what little info he has out with a plea for more is among the more restrained reactions to ugliness I have witnessed. If the worst you can say about him is that he's being unfair to his soon to be ex wife in the process of trying to find his missing son, that reflects very well on him.

 

[Jo in Calif]

One major issue you did not address in your post is the whooping $350,000 Terri herself has said she paid her criminal defense attorney. As long as they are legally married, Kaine could be in jeopardy himself over this money. He needs to know where it came from. If it's actually a lesser amount, good...but he needs to have this whole money issue cleared up.

Given everything Kaine has been told by LE about Terri's activities, including of course the MFH plot, he would have to be suffering himself from severe emotional/mental problems if he did not want a divorce from her as soon as possible.

Obviously, the "data" that LE showed him has to be convincing, or why would he so suddenly want a divorce? I know it would take a mountain of evidence to convince me that my husband tried to have me killed...and I'm saying that even though my husband had his own serious issues for awhile with emotional stability.

I don't believe we have ever been told how much Terry has actually paid her attorney. She made the statement that's how much he costs. Unless what was blacked out in the texts, she never told MC what she has paid her attorney.

 

[rnmif]

Article on KATU about Terri's court appearance says that Desiree and Kaine will have a PC tomorrow at 11AM, re: status of case, Kyron's upcoming birthday (2 weeks from today ) and a fundraiser.

Just saw that.

His birthday is my brother's birthday. I keep praying he'll be found by then. Only a monster could let this family suffer so long, and face this date not knowing what happened to their son.

I don't believe in hate, as a general principle, but.... I'm sure glad I find comfort in my faith, because part of that faith is that I believe with all my heart, the perp will pay, one way or another. Better yet, both here and in the hereafter.

 

[ami]

I don't believe we have ever been told how much Terry has actually paid her attorney. She made the statement that's how much he costs. Unless what was blacked out in the texts, she never told MC what she has paid her attorney.

Yep, which is why it requires a legal investigation in their divorce hearing. Then everyone will be working with the same information.

 

[Aedrys]

I don't believe we have ever been told how much Terry has actually paid her attorney. She made the statement that's how much he costs. Unless what was blacked out in the texts, she never told MC what she has paid her attorney.

That is an interpretation of her text that is popular here. That is NOT what her text actually said.

Her text was along the lines of:

Terri texts, "Guess how much he costs?"
MC responds, "How much?"
Terri responds, "350,000".

This does not indicate what she actually paid, but it also does not indicate that she was estimating the cost or blowing the cost out of proportion either. I have said myself "guess how much something costs" and I was meaning how I much I paid for it, not how much it was going to cost me in the future. We don't know WHAT she was trying to say to MC, whether she actually paid that much or not. And THAT is what KH and his attorney are trying to figure out. I don't blame them for wanting to know what she meant, and if there is money, where in the blue blazes she got it from.

 

[MarieFaith]

I don't believe we have ever been told how much Terry has actually paid her attorney. She made the statement that's how much he costs. Unless what was blacked out in the texts, she never told MC what she has paid her attorney.

Okay, well...if she made the statement that $350,000 is how much he costs, then doesn't it follow that that's how much she's going to have to come up with? Or something in that ballpark?

In either case, as long as they are legally married, it's Kaine's business to know where the money is going to come from (if it hasn't come from someplace already.)

 

[rnmif]

Forgive me if these have already been posted; court papers filed yesterday.

Kaine's argument: http://images.bimedia.net/documents/Kaine+Horman+argument.pdf

Terri's argument: http://images.bimedia.net/documents/Terri+Horman+argument.pdf

Amendment to restraining order: http://images.bimedia.net/documents/Amendment+to+restraining+order.pdf

Uh-oh. That's all Rackner's got? A stamped foot and a petulant, legaleese "it's not fair"?

This is bad. This is very bad. If they had been able to make a persuasive argument things might well have proceeded to court and something useful might have been gained. But it's going to take one heck of an argument for a judge to force Terri into court knowing that it may put any criminal trial at risk....

Poop. I was hoping this would go to court and something would shake loose.

 

[citigirl]

Kaine is "trying to interfere with Wife's professional relationship with her attorney." What does that mean? How does knowing the source of Houze's fees interfere with the wife/attorney relationship?

The only thing that makes sense to me is that Houze has gotten the money from an advance on Terri's story. Finding that out would shed light on their relationship.

Anybody else?

 

[passionflower]

I did not read anywhere or see her parents with her.
I feel bad for them, she's back now to live with them.
No income, no children, no marriage, can't leave house,
my bet is she is one heck of a woman to be with at this time!

A ring on her left hand,(wedding)
2 year postponement?
wearing black...............
TH wants to mourn her marriage to the man she wanted dead? (MFH)

 

[rnmif]

That is an interpretation of her text that is popular here. That is NOT what her text actually said.

Her text was along the lines of:

Terri texts, "Guess how much he costs?"
MC responds, "How much?"
Terri responds, "350,000".

This does not indicate what she actually paid, but it also does not indicate that she was estimating the cost or blowing the cost out of proportion either. I have said myself "guess how much something costs" and I was meaning how I much I paid for it, not how much it was going to cost me in the future. We don't know WHAT she was trying to say to MC, whether she actually paid that much or not. And THAT is what KH and his attorney are trying to figure out. I don't blame them for wanting to know what she meant, and if there is money, where in the blue blazes she got it from.

If only people who could pay cash up front for legal representation hired lawyers, there would be a lot of bulging jails and a lot of starving attorneys.

A 10% retainer is pretty common to get started, and more lump sum payments may be required in the future, other than that, typically there is a payment schedule. Of course we don't know that there isn't some contingency going on here either.

Regardless, even if he *cost* 350k, it would be EXTREMELY unusual for her to pay that up front in cash.

 

[loves2bmom]

Kaine is "trying to interfere with Wife's professional relationship with her attorney." What does that mean? How does knowing the source of Houze's fees interfere with the wife/attorney relationship?

The only thing that makes sense to me is that Houze has gotten the money from an advance on Terri's story. Finding that out would shed light on their relationship.

Anybody else?

I'm trying to figure that out too. Why the secrecy? Attorney-client priviledge, but why not just say where it's coming from or if he's doing this case Pro-Bono. Must be a reason they don't want anyone to know.

 

[BringKyronHome]

One major issue you did not address in your post is the whooping $350,000 Terri herself has said she paid her criminal defense attorney. As long as they are legally married, Kaine could be in jeopardy himself over this money. He needs to know where it came from. If it's actually a lesser amount, good...but he needs to have this whole money issue cleared up.

Given everything Kaine has been told by LE about Terri's activities, including of course the MFH plot, he would have to be suffering himself from severe emotional/mental problems if he did not want a divorce from her as soon as possible.

Obviously, the "data" that LE showed him has to be convincing, or why would he so suddenly want a divorce? I know it would take a mountain of evidence to convince me that my husband tried to have me killed...and I'm saying that even though my husband had his own serious issues for awhile with emotional stability.

She did not say she PAID that.

She texted that he costs $350K.

That could mean a whole lot, including an estimate of what the entire expense of her defense could be.

I find it SO frustrating that things like this are being focused on...

Including the divorce - but maybe it's me. I think if I were in Kaine's position, I'd simply table my whole life until Kyron is found...but that's me.

I don't get the distractions...and I just find myself wondering constantly if I've somehow found a little slice of one of those ever irritating reality shows where everyone makes the most assinine decisions, that somehow are supposed to make US (as the viewed) feel better about our miserable lives, but for me it just annoys me beyond belief knowing that a person would act so stupidly, IN REALITY - but I guess if a person is willing to turn their lives into a TV show, then it's not really reality is it...and I just keep wondering if that is what is going on here.

And I totally don't REALLY think that, but it feels the same to me...I just don't understand why in the world a person would focus on all this crap...but again that's me.

It's ok that we 'see' Terri differently...time will tell I guess, who the real Terri is...I doubt, honestly, that either of us have it 100%...if I had to place a bet, it would be somewhere in the middle.

But back to point...I just don't get how all this is going to get anyone closer to Kyron.

If she is innocent - waste of time - and poor Kyron if/when he gets home to this.

If she is guilty - she's not going to incriminate herself.

So from where I sit...it looks like a whole bunch of wasted energy that is not going to get anyone any closer to finding him...which I THINK should be the focus, but maybe I'm wrong...

 

[rnmif]

Okay, well...if she made the statement that $350,000 is how much he costs, then doesn't it follow that that's how much she's going to have to come up with? Or something in that ballpark?

In either case, as long as they are legally married, it's Kaine's business to know where the money is going to come from (if it hasn't come from someplace already.)

It's only Kaine's business to know what joint assets were used. Anything after he filed for divorce unless earned by him is kind of up for grabs, depending on how this plays out. Anything after the divorce is final (because unless there IS a contingency here, Terri will be paying Houze off until one or the other leaves this Earth) is none of his business whatsoever.

 

[Jo in Calif]

Okay, well...if she made the statement that $350,000 is how much he costs, then doesn't it follow that that's how much she's going to have to come up with? Or something in that ballpark?

In either case, as long as they are legally married, it's Kaine's business to know where the money is going to come from (if it hasn't come from someplace already.)

It still bothers me that Kaine's lawyer states they want to know where she came up with that kind of money that she paid her lawyer. How will it look if it is brought out that Houze took the case pro bono. Don't get me wrong, I'm totally on Kaine's side. I just don't like the idea that his papers stated that they can prove Terry stated how much she paid Houz and the text doesn't really state that's what she paid him.

 

[sherbetjello]

One, we don't know that this is going to turn into a mini trial. Only if Terri decides to contest any of this will it maybe turn into a mini trial. Kaine has the right to prove her wrong in court. He has the right to bring in witnesses to prove his side of the case. And Terri has the right do exactly the same for her side. It's not like she can't defend herself here. Also, Kaine can't force her to say anything against herself, nor can he hope to "get her" through divorce court proceedings. This is not television, and Kaine is not the villain here. He wants this over and done so that he can get on with finding Kyron and also get on with his life. It's hard to do that when he's not divorced and there are issues with that divorce that are not his fault.

Can you put the case of Kyron missing in with the divorce? I don't know if our lawyers are still here, but logically speaking (out of my rear), I don't understand how you can say "I want a divorce because she tried to kill me and she is involved with the disappearance of my son" WHICH may of contributed to the divorce, BUT there is no proof yet - at all. I don't know if dragging in witnesses (I don't know what they are coming to witness, unless it was an uhappy marriage where the woman spent all the money) to a divorce proceeding would be good and or valuable to a divorce case, IMO. Wouldn't these people get burnt out when/if the Kyron trial comes up? Can these witnesses NOT show up because of that? Would all these witnesses cause some sort of mistrial (emotions, etc.)?
Lawyers, halp please!!!

 

[ami]

Uh-oh. That's all Rackner's got? A stamped foot and a petulant, legaleese "it's not fair"?

This is bad. This is very bad. If they had been able to make a persuasive argument things might well have proceeded to court and something useful might have been gained. But it's going to take one heck of an argument for a judge to force Terri into court knowing that it may put any criminal trial at risk....

Poop. I was hoping this would go to court and something would shake loose.

Not sure what you mean - however you want to characterize Rackner's argument, the judge agreed with her. What's "very bad" about that?