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

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Guess they'll release those property division papers next.

Who Atty Houze? The person that released this document by all appearances. It is his copy as the check mark next to his name shows. I'm not sure how that would be in his client's best interest, in that Kaine's Attorney maintained the confidentiality even given that the filing motion of Terri would have allowed the release of that confidential settlement proposal. :waitasec:

Atty. Rackner says Terri's demands are unreasonable, but is not the one releasing the documents from the appearance of this attachment above.
 
Who Atty Houze? The person that released this document by all appearances. It is his copy as the check mark next to his name shows. I'm not sure how that would be in his client's best interest, in that Kaine's Attorney maintained the confidentiality even given that the filing motion of Terri would have allowed the release of that confidential settlement proposal. :waitasec:

Atty. Rackner says Terri's demands are unreasonable, but is not the one releasing the documents from the appearance of this attachment above.

I think if I were in Terri's shoes, I'd be getting myself some new legal representation. I'm so very unimpressed with both of her attorneys. They want to complain about Terri being crucified in the public's eye but yet turn around and release the documents to the media themselves? That's just ridiculous. The information about the settlement is a bit too much as well. I can't believe all of this is going on with Kyron's disappearance and she is actually wanting money from Kaine? I guess he is supposed to support the woman who tried to kill him for the rest of her life? GMAB. JMO.
 
Hard to believe, isn't it. The nerve of that woman asking for one thin dime from him. He gave her money to get out of Dodge, and that still isn't enough. She has a college degree. She needs to put it to use. And if she can't get a job teaching (LOL) I am sure she could put her hobby to use and talk to men on the phone all day for money.
 
Hard to believe, isn't it. The nerve of that woman asking for one thin dime from him. He gave her money to get out of Dodge, and that still isn't enough. She has a college degree. She needs to put it to use. And if she can't get a job teaching (LOL) I am sure she could put her hobby to use and talk to men on the phone all day for money.

erm.....I'm thinkin' she'd be out of business in a week lol
 
well, gee whiz, if these two sides didn't love flingin' the verbal barbs at each other so much, we'd all have cleaner houses now wouldn't we? :crazy:

No one ever said litigation was clean. It's messy and nasty especially in family law matters. These are court filings. I can guarantee the correspondence between the parties are FAR FAR FAR FAR worse.

If you step in the litigation arena and play with fire you must expect that at some point you're going to get burned. All parties to this matter should know that, and if their attys did not advise them of such then they should have.
 
I read that as Kaine's attorney giving TH "one more chance" and if they keep pushing and accusing Kaine of being unreasonable, they'd better watch out because alot more stuff is going to hit the fan.

But then I'm not a lawyer (only the mother of a future lawyer, LOL). :angel:

Correct it's a warning shot. And Rackner is right most "settlement" discussions have verbiage attached to it (as in a disclaimer at the top of the correspondence) that spells out the parties compliance that said discussions are not for public consumption nor are they to be shared between any other party except for the parties of the action. Most "settlement" discussions are NOT done verbally so be assured that Rackner has actual proof of the offers Terri has put on the table.
 
Seems to me that Rackner could have faxed Houze's copy of the document to KGW before she sent it wherever it needed to go.

Nope, no way. I send and receive faxes every day. First of all, it would have the transmittal information at the top or bottom of the page. This does not. Secondly, this copy has color. I doubt Rackner has a color fax machine. Lastly, the quality of the print is too high. Faxed copies always look, well, FAXED. This is a high quality copy of the original, not a fax.

Plus, there is the implication that Rackner is trying to make it appear that Houze is disbursing these documents when in fact she is. I really do not believe Rackner would stoop to games like that. If she wanted to release these filings, she would just do it. Not try to make it appear Houze was doing it when he was not.
 
I've seen "thanks are not enough" lots of times. I don't know what else I can say besides that.
This was beautifully put.
Thanks.

Where are Kyron's rights? Terri had the knowledge, the ability to reason, the strength, the education, and the means to walk away from a relationship she was unhappy in. Terri chose to make the decisions she has, rather than rationalize before she took the steps she took.

Terri and Terri alone has herself to blame for the situation she is in. She not once, but two times gave up her chance to regain visitation and /or custody of her daughter.

IMO she is asserting her right not to talk, because she doesn't want pay for a crime she may have played a role in. So that becomes Kaine's fault? That her keeping herself out of jail has superceded what she and her lawyers claim to be her desire to be with her child?

In the Zahra case the SM and the Dad have both given police the information needed to find her body. She is dead it is too little once again for the child victim. But at least they had a tiny amount of decency to let her be found. They will spend the rest of their lives in jail if convicted. So what? That is where they belong if they killed a defenseless child, or played a role in abuse that caused her death.

I don't know in what frozen depths of consciousness the likes of Casey Anthony and Terri Horman live? Their rights are protected, while the children lie or did lie out in the woods decomposing like the garbage, or are in the hands of very deviant people. I'm all for rights but lets not forget Kyron's rights were snatched from him. He didn't get to say I demand my rights.

Don't blame Kaine Horman for trying to protect K from a person like Terri Horman. He is a victim, not by choice you see, Terri took his rights away on the fateful day in June also. I Scream for Kaine's rights!

Yes she has a right to remain silent to protect her from self incrimination. But then I don't feel sorry either, that she can't see her daughter who could potentially be at great risk with a woman who refuses to help bring Kyron home.

Where are Kyron's rights to a full life, a life of love, not betrayal. A life with laughter and play? All those rights have been taken from him. He is a child and couldn't know what was happening to him on that morning. I Scream for Kyron's rights! He isn't able to scream for his own rights and it appears that the woman who we have heard all of these curious sugar coated tales about, how she was in his life forever, and she was a good mom, and she was great with kids,,,, thought more about her happiness, greed and devious control of Kaine than she ever cared for Kyron. She continues to think more about herself than a little guy who was caught in the middle. Terri is the one and only one who can tell what happened to Kyron. And she won't. If she didn't do something to Kyron herself, then tell who was in her life that might have used her to get to him.

Where are Kaine's rights to have his son in his life? Does he not now have rights to protect his last remaining child? I would say yes, he most certainly has more rights than the woman who won't restore Kyron's rights, his most basic of all rights not to be lying out in the woods somewhere all alone and decaying, or in the hands of a sexual deviant or hidden away and afraid.

The fact that we even have to talk about Terri's rights rather than she acting like Marc Klass, Elizabeth Smart's parents, and many many other parents who were innocent and made that known in a hundred different ways, makes her only look more involved. So just what if she is innocent, and LE is wrong? I don't personally believe LE is wrong but lets just say they may be. So Terri may have to jump through a million hoops to prove it? So what? Say what you have to say and do what you have to do. But tell what you know and help find Kyron!

My opinion is it isn't that Terri has the right to protect herself from self incrimination, it is that she MUST protect herself from self incrimination. So sorry, I have no need to worry about Terri's rights she has her high priced attorney. But then don't ask me to feel sorry that rightfully Kaine is trying to protect his other child from the likes of Terri Horman.

Where are the rights of these babies I ask? Why do they have no rights?

It is pretty much a mute issue. I blame Terri. She didn't have to put herself in this position. Terri chose 2x. Both times she chose Terri and not BabyK .
 
Since we're talking rights, how about Baby K's right to see her mother - who hasn't even been charged in a crime?

debs has the right of it. LE either needs to act on the evidence they have, or publicly clear Terri. Until the criminal case proceeds (if it ever will), she's unable to present her case to the best of her abilities. This also hampers Kaine, in a way. The court can only rule on what it hears. Kaine may end up with a less than equitable result regarding the division of property and spousal support if Terri can not testify on her own behalf.

Frankly, a divorce action is not a test run for criminal proceedings. For Kyron to have justice, LE must assemble enough evidence to bring the case to trial. They do not have that evidence at this time - therefore, Terri is presumed innocent in the eyes of the law.

Does she have a right to see her mother? Even if? No matter what?
Please direct me to this.
 
I don't get all this at all. What does the financial settlement have to do with trying to make Terri talk. I can see Kaine not wanting to give her anything since he believes she took Kyron away, but can't see what she would have to answer to if she responds. There must not be a crime scene or Terri would be arrested and if she answers back to the drinking that still wouldn't prove she took Kyron.
 
Nope, no way. I send and receive faxes every day. First of all, it would have the transmittal information at the top or bottom of the page. This does not. Secondly, this copy has color. I doubt Rackner has a color fax machine. Lastly, the quality of the print is too high. Faxed copies always look, well, FAXED. This is a high quality copy of the original, not a fax.

Plus, there is the implication that Rackner is trying to make it appear that Houze is disbursing these documents when in fact she is. I really do not believe Rackner would stoop to games like that. If she wanted to release these filings, she would just do it. Not try to make it appear Houze was doing it when he was not. That is plain ridiculous.

Correct someone scanned this. It wasn't faxed. The certificate of service indicates hand service.

Either two things happened. Houze gave a color hand copy to the media or scanned it in color to give to the media Or Rackner did.

Considering Rackner made mention that Houze released his previous filing "exclusively" to the media I'm inclined to believe it was Houze again.

But who knows. Frankly it doesn't matter since I'm sure any media could walk up to the Court and obtain their own copies from the Court record or download them directly from pacer.
 
Kaine didn't say how long the daily drinking with early evening stumbling then sleeping went on, but claimed to have intervened. He made it seem as if it had gone on nearly two years since the birth of the baby. If it was long, then it was child endangerment IMO. Then there's Kyron sleeping 12 hours and not coming out of his room until called. Kaine makes no mention of trying to get Terri help for alcoholism, going to al anon, getting daycare for the baby, having an intervention, or even making sure what meds she might be taking so it doesn't sound as if he was doing very much. It all seems like some bad marital problems were going on and Kyron got caught in it. Maybe Kaine was making plans to leave the situation and get the kids out, but that is not what he indicated in interviews. He thought things were okay.
 
Correct someone scanned this. It wasn't faxed. The certificate of service indicates hand service.

Either two things happened. Houze gave a color hand copy to the media or scanned it in color to give to the media Or Rackner did.

Considering Rackner made mention that Houze released his previous filing "exclusively" to the media I'm inclined to believe it was Houze again.

But who knows. Frankly it doesn't matter since I'm sure any media could walk up to the Court and obtain their own copies from the Court record or download them directly from pacer.

Pacer is only for federal cases. You can't download circuit court filings in Oregon. You have to get them from the courthouse. Maybe in the future....I hope!
 
Since we're talking rights, how about Baby K's right to see her mother - who hasn't even been charged in a crime?

debs has the right of it. LE either needs to act on the evidence they have, or publicly clear Terri. Until the criminal case proceeds (if it ever will), she's unable to present her case to the best of her abilities. This also hampers Kaine, in a way. The court can only rule on what it hears. Kaine may end up with a less than equitable result regarding the division of property and spousal support if Terri can not testify on her own behalf.

Frankly, a divorce action is not a test run for criminal proceedings. For Kyron to have justice, LE must assemble enough evidence to bring the case to trial. They do not have that evidence at this time - therefore, Terri is presumed innocent in the eyes of the law.


Except that she did not fight the RO and its allegations.
 
It's unfortuate that KH did not exercise his parental rights on behalf of the children by not removing them long ago if he thought that TH was "emotionally unstable and a unfit Mother".... I'd feel the same if the shoe were on the other foot.

If Kaine had any idea of the consequence of his ignoring his wife's eccentricities, I'm quite confident he would have "exercised his parental rights" much sooner. Unfortunately, most of us don't know the psycho in the room until it's much too late.

It's unfortunate (imo) that some would blame those who trust those who claim to love them (and theirs)
 
Hard to believe, isn't it. The nerve of that woman asking for one thin dime from him. He gave her money to get out of Dodge, and that still isn't enough. She has a college degree. She needs to put it to use. And if she can't get a job teaching (LOL) I am sure she could put her hobby to use and talk to men on the phone all day for money.

I loved the entire last paragraph...especially the comment that by publicly "introducing evidence of her settlement demand...," Mother has waived
her right to confidentiality..."Father will provide Mother with the benefit of the doubt at this time and not reveal the actual terms Mother has demanded in the settlement..."

Ms. Rackner was publicly criticized for not providing adequate legal precedence for her claims in the earlier filing. She has ample citations in this response, IMO.

Indeed, Fridays have become the "day of interest."
 
It's unfortuate that KH did not exercise his parental rights on behalf of the children by not removing them long ago if he thought that TH was "emotionally unstable and a unfit Mother".... I'd feel the same if the shoe were on the other foot.

I understand what you are saying and I have to jump in and say again that when you are living with an alcoholic, things can be clouded for everyone. And you can't get custody of your child because the spouse is drinking - which Gitana as an attorney verified for us. I'm afraid if he had moved out, baby K would have stayed with TH anyway.

I guess I have to say that I can't judge the man until I've walked a mile in his shoes. :(
 

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