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

[SmoothOperator]

I'm thinking this is either petty in the scheme of things, or this is Kaine's way of sending a clear message to Terri that he's serious and not going to be immature and petty like she is, or he knows she's going to jail soon anyway, so he doesn't have to use the contempt card to get her in jail anymore.

In any event, this is not a sign of weakness or reconciliation. It's a sign of strength, solidarity, and getting down to business. There are more important things here than dragging all of this sexting stuff out and starting the media gossip mills again. This is not about Terri and her chosen form of foreplay. Kaine is not stooping to her level for a cheap win.

100% correct and directly to the point of what is going on and why... Great Post as usual, Aedrys

Oh and yea IMO...

 

[grandmaj]

I'm just not certain what purpose this contempt hearing would have at this point. It was filed because Terri had violated the terms of the seal. Two days later the document became public because the damage had already been done. Kaine's address had been googled, people knew about the contents of the RO, it exposed Terri for alleged acts she had committed along with M. Cook, and then M. Cook decided it was in his best interests to cooperate.

Kaine is back in his home, which address is well known. He can't really say he needs protection from anyone finding out where he is hiding, everyone knows his addy.

The issues are mute at this time and I think the court might see it that way. M. Cook was on the inside for a long time. Even if he had a tiny piece of the puzzle LE now knows it. Names, associations maybe throw away phones, who did and said what in those days right after Kyron went missing.

The Contempt served its purpose IMO.

 

[Donjeta]

All of that, if you look at the restraining order documents, is what Kaine's attorney alleges LE told her. Some of the info LE in turn alleges that Cook told him. In other words, it is not all firsthand info. There is documentation that shows the pictures on Cook's cell phone, for example, but how it got there, what Terri said and did, was simply verbally, whisper-down-the-lane style - from Cook to LE to Kaine's attorney.

It could be that Cook admitted that the way he originally told LE it happened was not in fact the way it happened. For example, it could have turned out that he admitted that he saw the documents lying on a table, Terri not even in the room, and that he took the pictures, and gave the info to the two persons he did. Something like that may account for why this is being dropped.

Is it quite okay then to keep sealed documents lying on the table so that anybody who is left alone in the room can take a sneak peek or that you can "accidentally" direct their attention to it?

 

[GrainneDhu]

Please form a neat, orderly line for thudding.

What thud? KH's legal strategy seems to have settled on pushing the divorce and associated settlement through as quickly as possible. Hauling TMH into court for a picayune contempt hearing would just slow matters down.

Therefore, drop the hearing in order to expedite things in arguing against an abeyance.

 

[surrogatemom]

Further MOO .. Maybe he filed this to simply show TMH that he wasn't messing around. He was and IS upset, and anything he can get her on, he will. But showing up to court and going through the motions would be a waste of time in this particular instance, so he dropped it just days before the court date.

 

[GrainneDhu]

All of that, if you look at the restraining order documents, is what Kaine's attorney alleges LE told her. Some of the info LE in turn alleges that Cook told him. In other words, it is not all firsthand info. There is documentation that shows the pictures on Cook's cell phone, for example, but how it got there, what Terri said and did, was simply verbally, whisper-down-the-lane style - from Cook to LE to Kaine's attorney.

It could be that Cook admitted that the way he originally told LE it happened was not in fact the way it happened. For example, it could have turned out that he admitted that he saw the documents lying on a table, Terri not even in the room, and that he took the pictures, and gave the info to the two persons he did. Something like that may account for why this is being dropped.

I think that KH's lawyer is focusing her legal strategy. When she filed the contempt charge, it was just one of those "make her fight it in court" sorts of motions.

But then, Mr Bunch filed the motion for abeyance. I'm inferring that KH is planning to fight the motion for abeyance, meaning that he will in a way be asking for a speedy resolution to matters.

If that is true, then going to court over the contempt motion is contrary to wanting to get the divorce settled quickly.

Therefore, drop the contempt motion.

Plus, the judge is likely to ask just who was hurt the most by release of the information in the RO? I think the obvious answer is TMH because I cannot imagine any circumstances where being suspected of MFH could improve one's reputation.

Releasing the information in the RO was a self-defeating move, so what more punishment would be necessary?

And then there's the fact that the Willamette Week and The Oregonian had both heard rumours about the MFH allegations and were on the verge of releasing stories about them. So it isn't like the information in the RO was going to stay secret even without MC and his cellphone.

Besides, at least in my state, family law attorneys bill double their office fee for court time. For example, if a lawyer bills $100/hour for office time, they bill $200/hour for every minute spent in court. Why bother going to court for such a small and essentially harmless (to KH) violation of the RO?

 

[BeanE]

Me thinks Kaine knew he was going to do this for at least a week, but waited until after Kyron's birthday to do so.

So it didn't detract from the planned celebrations of Kyron's birthday?

Well but the big birthday bash and fundraiser at Bullwinkle's is tomorrow. If that was the reasoning, you'd think he'd have waited until Monday.

sigh

Someday I hope the focus can be where it should be - on Kyron. I'm really tired of the lip service that doesn't hold water.

Where's Kyron?

 

[BeanE]

I thought the purpose of the contempt motion was to protect the baby (and Kaine), but let's concentrate on the baby, from the woman who is supposed to have kidnapped or murdered Kaine's other child. You know - Kyron?

And I thought there was great fear that because she allegedly kidnapped and murdered one of Kaine's children, that there was great legitimate fear that she was going to kidnap or murder the baby too?

And I thought there was great legitimate fear that because she allegedly had this MFH plot thing going on that she might kill Kaine?

Where did all that fear and need for protection of the baby go? and of Kaine?

Kaine dropping this tells me he's no longer afraid - for himself, or for the baby. Why not? What happened to change that?

This just makes no sense.

 

[ladonna]

http://www.kgw.com/news/Kaine-tells-KGW-We-need-to-get-this-wrapped-up-102674464.html

 

[BeanE]

While Kaine was not required to explain why he was dropping the motion, one legal expert familiar with the case said it would allow Kaine to try and speed up divorce proceedings.

snip

"It's an act of good faith on our part," Kaine told KGW. "It shows that we're serious about not wasting the court's time with side issues. We want to get the divorce wrapped up so we can deal the important things and move forward."

snip

"We need to get this wrapped up," he said. "There are bigger issues that need to be dealt with."

http://www.kgw.com/news/Kaine-tells-KGW-We-need-to-get-this-wrapped-up-102674464.html

Okay. So Kaine doesn't want to waste time on "side issues" that waste the court's time, like the previously perceived grave threat to his and his baby's life.

Great news! I'm glad those threats were determined not to exist. I was particularly worried about the baby. Now I can breathe a sigh of relief.

I'm going to ask my DH to bake me a double batch of blueberry muffins, and then I'm going to stuff my face with every darn one of them.

 

[Patty G]

While Kaine was not required to explain why he was dropping the motion, one legal expert familiar with the case said it would allow Kaine to try and speed up divorce proceedings.

snip

"It's an act of good faith on our part," Kaine told KGW. "It shows that we're serious about not wasting the court's time with side issues. We want to get the divorce wrapped up so we can deal the important things and move forward."

snip

"We need to get this wrapped up," he said. "There are bigger issues that need to be dealt with."

http://www.kgw.com/news/Kaine-tells-KGW-We-need-to-get-this-wrapped-up-102674464.html

Okay. So Kaine doesn't want to waste time on "side issues" that waste the court's time, like the previously perceived grave threat to his and his baby's life.

Great news! I'm glad those threats were determined not to exist. I was particularly worried about the baby. Now I can breathe a sigh of relief.

I'm going to ask my DH to bake me a double batch of blueberry muffins, and then I'm going to stuff my face with every damn one of them.

:waitasec: Isn't the Restraining Order still active which deals with the threats regarding the MFH, etc.?

 

[BeanE]

:waitasec: Isn't the Restraining Order still active which deals with the threats regarding the MFH, etc.?

Yep. Sure is. I guess that will be dropped next since there's no imminent threat to the baby or Kaine.

 

[Patty G]

Yep. Sure is. I guess that will be dropped next since there's no imminent threat to the baby or Kaine.

I don't feel Kaine will drop the restraining order simply because of LE giving him info on this "alleged" murder for hire. IF Kaine dropped the RO, then this would lead ME to believe there was no "concrete" MFH, of which, I never believed in the first place. :crazy:

 

[STEADFAST]

Yep. Sure is. I guess that will be dropped next since there's no imminent threat to the baby or Kaine.

Well, you never know who she could be sexting on a bat phone at this very minute.
She's a resourceful gal.

 

[eyes4crime]

I don't feel Kaine will drop the restraining order simply because of LE giving him info on this "alleged" murder for hire. IF Kaine dropped the RO, then this would lead ME to believe there was no "concrete" MFH, of which, I never believed in the first place. :crazy:

Maybe Kaine is finding out that 'haste makes waste'. I guess if you know the right people, anything can be expedited. moo mho

 

[loves2bmom]

I think this is great news and if he is able to move ahead with the divorce quicker, more power to him! I think they are hoping something is revealed in these proceedings to add to the criminal case. If they don't get something more during this process, I still think they're going to take their chances that they have enough to arrest her once the civil stuff gets out of the way. JMO

 

[SurfieTX]

I'm going to pare this down to bare bones because I think that is whats most important:
Kaine wants the divorce over ASAP. He says this himself. Why? Because he wants Terri in divorce court under oath before the GJ is over, which is in October. I believe it is really that simple. Terri has not said ONE word since this all started. The divorce testimony is going to be a litmus test.

 

[MarieFaith]

I'm going to pare this down to bare bones because I think that is whats most important:
Kaine wants the divorce over ASAP. He says this himself. Why? Because he wants Terri in divorce court under oath before the GJ is over, which is in October. I believe it is really that simple. Terri has not said ONE word since this all started. The divorce testimony is going to be a litmus test.

This sounds right to me. Makes sense.

 

[Calliope]

We do need our attorneys in here. The only thing I can figure is if they determined that Cook did this on his own without request or encouragement from Terri? I don't know.

IIRC, MC did make that claim ...

Perhaps he did, or perhaps he is just saying he did, because it wouldn't be illegal for him to release information about the sealed RO.

 

[Calliope]

If you were going to enlist someone as a "plant," why would you pick someone who was merely a high school acquaintance that you have not seen in 20 years? That wouldn't make much sense.

Well, that would make perfect sense. He sure as heck wouldn't use someone Terri knew to be a current acquaintance or close friend.