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

[SurfieTX]

but challenging the restraining order would have placed her in a position of incriminating herself, and/or testifying about a criminal charge which has not been made against her, for not one but TWO accusations by Kaine. It would not have mattered if she had taken the 5th on certain questions; it would have been used against her as well. This is getting very interesting.

I think it was gitana who pointed out that Terri would not have been required to testify at all to contest the RO. Her attorney would have done it and basically all that would be required would be for Kaine's attorney to produce the evidence they had about the MFH.

 

[debs]

http://www.koinlocal6.com/content/n...ts-heard-in-Terri/GonG6-VnTkmaYBikdxxq7Q.cspx

Conversely, Bunch said the state wouldn't turn over information that may be pertinent to divorce proceedings.

"If this is not abated we will not get reciprocal discovery," Bunch said.

Bunch said Stephen Houze, Terri's criminal attorney, had asked for tapes on the night Terri called 911 when investigators tried a sting with the landscaper Terri allegedly tried to hire in the murder-for-hire plot.

Those tapes were not turned over, because of an ongoing criminal investigation, Bunch said.

At issue is whether Terri may get some parenting time and/or custody of the estranged couple's child

 

[freefallzzzz]

http://www.koinlocal6.com/content/n...ts-heard-in-Terri/GonG6-VnTkmaYBikdxxq7Q.cspx

 

[nursebeeme]

Bunch said Stephen Houze, Terri's criminal attorney, had asked for tapes on the night Terri called 911 when investigators tried a sting with the landscaper Terri allegedly tried to hire in the murder-for-hire plot.

Those tapes were not turned over, because of an ongoing criminal investigation, Bunch said.

At issue is whether Terri may get some parenting time and/or custody of the estranged couple's child, K


snipped from this article:
http://www.koinlocal6.com/content/n...ts-heard-in-Terri/GonG6-VnTkmaYBikdxxq7Q.cspx

 

[epiphany]

http://www.koinlocal6.com/content/n...ts-heard-in-Terri/GonG6-VnTkmaYBikdxxq7Q.cspx


"If this is not abated we will not get reciprocal discovery," Bunch said.

 

[freefallzzzz]

They did say on KPTV Fox 12 this am that they will have time "after lunch" today in the courtroom, if the hearing takes longer...

ahhhhhhhhhhh

 

[nursebeeme]

http://www.koinlocal6.com/content/n...ts-heard-in-Terri/GonG6-VnTkmaYBikdxxq7Q.cspx


"If this is not abated we will not get reciprocal discovery," Bunch said.

I cannot wait to hear what Kain's atty has to say about this... esp what she has to say about the 911 calls and M4H sting!

 

[freefallzzzz]

Peter Bunch: “She will stipulate to an immediate divorce. If Mr. Horman wants to divide everything today, we’ll do that.”

http://twitter.com/#!/KATUNews/

 

[gardeness]

I think it was gitana who pointed out that Terri would not have been required to testify at all to contest the RO. Her attorney would have done it and basically all that would be required would be for Kaine's attorney to produce the evidence they had about the MFH.

It seems more complicated than this (something about the 5th amendment and being damned if you do, damned if you don't), but I don't completely understand how the Oregon system works... moo

 

[grandmaj]

Stop with the comments about appearances. NOW

 

[Dee10]

Peter Bunch, Terri's Divorce Attorney: “There is no doubt, whatsoever Miss Horman is the focus of the investigation.”

http://twitter.com/KATUNews/

 

[debs]

It seems more complicated than this (something about the 5th amendment and being damned if you do, damned if you don't), but I don't completely understand how the Oregon system works... moo

It is a Constitutional issue, not a State issue, and I wonder how many precedents are attached. I find it fascinating, academically speaking.

 

[freefallzzzz]

Bunch says If judge delays divorce case, he will ask for restraining order changed to allow some visitation for Terri with K.

KATU
http://twitter.com/#!/KATUNews/

 

[Kat010]

It seems more complicated than this (something about the 5th amendment and being damned if you do, damned if you don't), but I don't completely understand how the Oregon system works... moo

Pretty much, Kaine and the state are trying to do an end run around that troublesome lil' old constitution by using a civil matter to serve as a tool for a presumed criminal matter. If they get away with it, then they'll have scored big, and also set a precedent to use against someone else later on down the road. If they don't, they still score a win because then it looks as though she's guilty because she/atty aren't talking about these things. Win-win for the state and KH, lose-lose not just for TH, but for the usual constitutional safeguards. Of course, that opinion isn't based on Oregon law. moo, moo

 

[nursebeeme]

Bunch:Will stipulate to mundane things, the most important thing is Terri's relationship with her daughter. Stephen Houze now speaking

http://twitter.com/KOIN_Local_6

 

[BeanE]

http://www.koinlocal6.com/content/n...ts-heard-in-Terri/GonG6-VnTkmaYBikdxxq7Q.cspx

At issue is whether Terri may get some parenting time and/or custody of the estranged couple's child

What??!!! We've got post after post, page after page, thread after thread, about how Terri isn't trying to get the baby or any time with her, and that shows she's guilty, and so on and so on.

Wth?? You mean she *is* trying to get custody or time with the baby??

 

[krowdkat]

Freefallzzz, you might want to edit out the baby's name.

Thanks for all your informative posts.

 

[BeanE]

Bunch:Will stipulate to mundane things, the most important thing is Terri's relationship with her daughter. Stephen Houze now speaking

http://twitter.com/KOIN_Local_6

What??? There we go again. I thought Terri wanted nothing to do with the baby??

 

[debs]

Bunch says If judge delays divorce case, he will ask for restraining order changed to allow some visitation for Terri with K.

KATU
http://twitter.com/#!/KATUNews/

This makes sense. Separating the three issues at hand: Divorce, visitation, and criminal charges, seems to be a good way to protect Terri's constitutional rights while allowing civil proceedings to continue and await any criminal charges.

 

[nursebeeme]

What??? There we go again. I thought Terri wanted nothing to do with the baby??

terri has never spoken a word so I don't think we can really know anything at this point, moo. This is the first that we have heard that she wants to delay the divorce for up to two years and get visitation in the meantime though

http://www.katu.com/news/local/104492984.html?tab=video

(video states about the delay of up to two years)