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

[SuziQ]

In the photos of Terri shown on Dateline, there is one with her on our right, and Kyron on our left. She's looking into the camera and that look on her face and in her eyes gives me the heebie jeebies. I know that photos are a snapshot of a moment, but still!

My gut feeling is that she did "something" with Kyron.

The show also said that she failed 2 lie detector tests and walked out on a 3rd.

But I can totally understand how an innocent person can be manipulated into seeming guilty (thanks, poster whose name I don't recall).

BBM. Interesting. Now I can't wait to watch the episode online. Trying to find a peaceful moment around here to watch uninterrupted.

 

[Adrienne37]

I'm well aware of the thread that you linked; however, you stated in your previous post that there was a "witness" to the murder for hire plot that now can't be located. Could you please provide a link to that information? TIA.

As for the part being discussed about the alias, all Terri had to do was to inform her attorney of the landscaper's name. It isn't up to LE to do her attorney's homework. They refused to provide information to her attorneys based on it being an ongoing investigation and again, it could have been easily dealt with if Terri told her attorneys the truth from the beginning. JMO.

 

[AnaTeresa]

The witness is the landscaper. In the context of the civil action, he would be considered a witness to Kaine's allegations.

 

[gwenabob]

We don't know that - all we know is that LE will not release the information from the 911 call and that Rudy Sanchez was an alias. Given that LE have gained no ground in the alleged murder for hire, it's my opinion that they no longer have contact with him.

Terri can't defend herself against the murder for hire allegations in the civil divorce case unless her lawyers are able to access that information and cross-examine the witness. Otherwise, Kaine can't bring that information in - it's hearsay. Since LE cannot and/or will not produce the landscaper, it's my opinion that he cannot be found.

So let me make sure I understand. You don't know that LE can't find the landscaper. You are opining that LE can't find the landscaper, right?

AFAIK, the landscaper testified at the grand jury. I have not seen anything to suggest LE does not know where he is.

 

[AnaTeresa]

As for the part being discussed about the alias, all Terri had to do was to inform her attorney of the landscaper's name. It isn't up to LE to do her attorney's homework. They refused to provide information to her attorneys based on it being an ongoing investigation and again, it could have been easily dealt with if Terri told her attorneys the truth from the beginning. JMO.

I believe that is incorrect. Because LE provided Kaine with the information involving the alleged murder for hire plot and he is introducing that information as a reason that Terri should not have visitation with Baby K, her side must also be able to access that information, so that they may be able to defend against it. Whatever tapes, paperwork, etc. has to be introduced so that they can refute it. The landscaper has to be put on the stand for cross-examination.

It's not "doing her attorney's homework" - it's general evidence procedure.

 

[Cazzie]

BBM. Interesting. Now I can't wait to watch the episode online. Trying to find a peaceful moment around here to watch uninterrupted.

I'll try to pinpoint a time in the show later. The photo looks like it was taken in a restaurant, with them sitting together on a bench seat.

This could "just" be my intuition, because many still photos of Terri (before Kyron went missing) looked lovely. Maybe she is a Jekyll-Hyde type person.

 

[gwenabob]

I believe that is incorrect. Because LE provided Kaine with the information involving the alleged murder for hire plot and he is introducing that information as a reason that Terri should not have visitation with Baby K, her side must also be able to access that information, so that they may be able to defend against it. Whatever tapes, paperwork, etc. has to be introduced so that they can refute it. The landscaper has to be put on the stand for cross-examination.

It's not "doing her attorney's homework" - it's general evidence procedure.

I was under the impression LE does not have to give information from an active criminal investigation to attorneys for a civil case. Seems to me it could very well compromise the criminal investigation were Houze and Bunch given the witness' contact info and were able to contact and possibly influence his testimony.

Terri knows who he is. And I don't believe he is "missing."

 

[Adrienne37]

I believe that is incorrect. Because LE provided Kaine with the information involving the alleged murder for hire plot and he is introducing that information as a reason that Terri should not have visitation with Baby K, her side must also be able to access that information, so that they may be able to defend against it. Whatever tapes, paperwork, etc. has to be introduced so that they can refute it. The landscaper has to be put on the stand for cross-examination.

It's not "doing her attorney's homework" - it's general evidence procedure.

But there have been no charges filed against her yet so it's not up to LE to provide that information to her attorneys.

It's all a moot point anyway because again Terri has withdrawn her motion asking for visitation of baby K.

 

[cluciano63]

Of course my heart goes out to him about Kyron being missing. :heart: It just doesn't sit right with me that he had an affair while Desiree was preggo (are you kidding me?).

I don't care for Kaine, from what we've been allowed to see, but I don't think he is guilty of anything regarding Kyron. Other than not telling Desiree about Terri's drinking and emotional/mental issues, that is.

 

[Chablis]

LE doesn't have enough proof that she did this to even charge her. They attempted to have her incriminate herself by sending a man wearing a wire and she called 911. From what we are privy to, the murder for hire is all speculation from a witness who can no longer be located and was going by an alias. Child custody decisions should not be based on speculation and opinion.

The wearing of the wire was a dumb idea, and Terri played it exactly how she had to, she seems to be quite the actress, in fact I cant wait to hear that 911 call. But I tend to believe for them to even go that far there was proof of communication between Terri and this man, I really dont think they did this based on someones word.

It really isnt speculation or opinion a GJ was meeting to talk about Terri, nor speculation she retained a high powered criminal lawyer, and refuses to talk to the missing childs father about the day and her wearabouts, or whatever he asked that she cant answer for whatever reasons. If you are the last known person with a missing child no one in their right mind would give her a baby to take care of, not all cases are the same, I agree child custody decisions should not be based on speculation and opinion, but her own lawyer called her a defacto suspect in what happened to Kyron, so that is pretty major.

jmo

 

[grandmaj]

In this motion to dismiss, it is stated quite clearly she is quite concerned for her daughter's well being.

I respectfully disagree. Houze it attempting for her to never say the words "I Plead the Fifth". That is MOO but the rest I do not believe would ever be allowed in a criminal proceeding. And so, Terri saying on a motion and affidavit which she refused to sign, is just another reason that she hasn't even in her own sworn motion stated that she wants to see baby K. She didn't even sign the document. I'm not seeing how Terri is saying she wants to see baby K? If she was saying it why not sign the document?

Moot point at least for now Bunch/Houze withdrew.

 

[kappy50]

Talking of pictures...the "Child Seek Network" has a collage of approx. 60 pictures. I have looked at these over and over again. If you go to their website, view pictures # 32,33,34,35...they appear to be Easter morning. Now got to #'s36,37,38,39...appears to be the night before where KH and Kyron are doing Easter eggs. Jammies are the same in all pictures. So if they are doing Easter eggs at night, and Terri's so drunk she can't stay up, who then took the pictures. Maybe she has a steady hand with a camera and drunk...dunno..However, it appears they were recent so I assume this past Easter and J..was out of the house by then...I thought them interesting as are some others...

 

[gwenabob]

I don't think anyone has alleged she gets drunk every night. I think the allegation was several nights a week. And an alcoholic doesn't get drunk with the first drink. It takes awhile. She might have started drinking at 8 pm, and got progressively tipsy as the evening wore on. Doesn't mean she was drunk all the time or every night.

 

[JBean]

Talking of pictures...the "Child Seek Network" has a collage of approx. 60 pictures. I have looked at these over and over again. If you go to their website, view pictures # 32,33,34,35...they appear to be Easter morning. Now got to #'s36,37,38,39...appears to be the night before where KH and Kyron are doing Easter eggs. Jammies are the same in all pictures. So if they are doing Easter eggs at night, and Terri's so drunk she can't stay up, who then took the pictures. Maybe she has a steady hand with a camera and drunk...dunno..However, it appears they were recent so I assume this past Easter and J..was out of the house by then...I thought them interesting as are some others...

was Terri drunk on Easter?

 

[citigirl]

A child has a right to be with his or her parents. If Kyron has that right, K does too.

The fly in the ointment here is that people are saying Terri did something to Kyron and therefore K's right to her mother should be withdrawn for her safety, without proof she was ever in danger, or would be in danger in the future.

Apparently Terri's silence is legal evidence against her...

I don't know if I like that, either, but when we discussed "evidence" of Terri's involvement, many posters piled on those of us who offered evidence and said that it didn't fit the legal definition of evidence.

In a civil case, Terri has to at least respond to the allegations--or her silence can be construed as evidence of guilt. Apparently.

 

[Chablis]

I had heard people saying before that Terri's DUI/child neglect charge would prevent her from getting a teaching job... I was inclined to agree.

However... if running down a high profile police officer, while drunk, on your way to a teaching function... gets you a welcome back party when you are released from jail.... in the same area... I think Terri should at least be attempting to get a job.

If she is not willing to try to get a job... well she is living with her parents. She does not need spousal support. There are jobs she can do from home if she feels the need to contribute in some way.

I cannot comprehend the audacity it would take to ask your husband for money... when he believes you tried to kill him and are refusing to reveal the location of his child. Just out of human consideration, if you are innocent... leave him alone. If you are not innocent, tell him where his son is and you won't need his spousal support then.

Regardless of innocence or guilt, I don't understand the actions here. Take the house, take the money, take the cars, take my stuff... I don't care, because your son that I adore and helped raise, is missing. All that matters to me is finding him and the well being of my daughter, we will handle custody of her later.

Why would you argue over these things or drag this out in this situation?

Excellent post.

She has no compassion for Kaine in his time of need, I mean its not as if this couple was separated and filing for divorce when all this happened, at least her non caring nature would at least be kinda understandable.

 

[BeanE]

I respectfully disagree. Houze it attempting for her to never say the words "I Plead the Fifth". That is MOO but the rest I do not believe would ever be allowed in a criminal proceeding. And so, Terri saying on a motion and affidavit which she refused to sign, is just another reason that she hasn't even in her own sworn motion stated that she wants to see baby K. She didn't even sign the document. I'm not seeing how Terri is saying she wants to see baby K? If she was saying it why not sign the document?

Moot point at least for now Bunch/Houze withdrew.

A motion she refused to sign? What leads you to believe Terri refused to sign the motion, or for that matter, that anyone wanted her to sign the motion?

If you'll notice, this motion of Kaine's, for example, is not signed by Kaine:
http://images.bimedia.net/documents/kaine+horman+court+1112.pdf


Nor this motion of Kaine's:
http://www.koinlocal6.com/media/lib...e7b948/SharpNews_koin.com_20101022_165135.pdf


Also, attorneys act on behalf of their clients. The actions they take, the things they write in motions, are taken by the court to be the client acting and stating. These attorneys are not acting independent of their clients. I see no reason here to believe they've gone rogue, and are acting without the knowledge and consent of their clients, for their clients, and as their clients.


Can you please clarify what you mean by Terri refusing to sign the motion, gram?


TIA

 

[gwenabob]

A motion she refused to sign? What leads you to believe Terri refused to sign the motion, or for that matter, that anyone wanted her to sign the motion?

If you'll notice, this motion of Kaine's, for example, is not signed by Kaine:
http://images.bimedia.net/documents/kaine+horman+court+1112.pdf


Nor this motion of Kaine's:
http://www.koinlocal6.com/media/lib...e7b948/SharpNews_koin.com_20101022_165135.pdf


Also, attorneys act on behalf of their clients. The actions they take, the things they write in motions, are taken by the court to be the client acting and stating. These attorneys are not acting independent of their clients. I see no reason here to believe they've gone rogue, and are acting without the knowledge and consent of their clients, for their clients, and as their clients.


Can you please clarify what you mean by Terri refusing to sign the motion, gram?


TIA

Not gram, but I think she was referring to the affidavit that was signed by the attorney rather than by Terri, the way Kaine signed an affidavit (or declaration, I don't remember which it was.)

 

[kappy50]

was Terri drunk on Easter?

I'd like to think not for sure. But it was just a visual to say, if she was drunk and passed out by 7:00 or 8:00...then who could have taken the picture. I only get the drinking info from the Oct.25th filing on page 6..item 6.
It states "several nights a week"...maybe she took this particular night off...my bad for saying every nite...

 

[grandmaj]

A child has an absolute right to be with a safe parent. Kaine is not the person who is the focus of Kyron gone missing. He is not the focus of a criminal investigation in which a child is missing.

A safe parent has an absolute right to be with their child, at least for visitation. I don't know that I would consider Terri a safe parent at this point. How many children have to disappear? She could take the child and run. Wouldn't that be the final blow of vengeance to Kaine?

If Terri refuses to prove to the family court that she will not endanger baby K then how can the family court protect that child?

Terri is not the focus of a criminal investigation into robbing a bank or defrauding a store. She is not a suspect in bouncing checks or a pyramid scheme. She is the focus of an investigation into a child gone missing and attempting to hire a man to murder her husband. The child could be at great risk in my opinion.