2010.07.26 Grand Jury begins

[nursebeeme]

In Patricia Kimmi's case they had grand jury hearings for months with one to two persons testifying under subpoena each time and it took months to get all the testimony and a vote of a true bill.

This could take time. Lots of time. MOO (or it could go fast like Casey Anthony''s case). I think we must be prepared for either scenario.

 

[gardeness]

The comment about soliciting information is interesting. IMHO, this could turn out to be nothing more than a play by the prosecution to compel DS to tell what she knows or what they think she knows.

Thanks. Your wording is so much better than mine!

 

[RubyRed]

OMG I am trying not to freak out at work right now. What time is the presser tomorrow? I think I know what's going to happen...

There will be a press conference on Tuesday, July 27, 2010 regarding the case of missing Kyron Horman. The Multnomah County Sheriff’s Office will hold the press conference at 2:00 p.m.

http://primewriter.com/news-1246-headlines/?p=8302

 

[Wondergirl]

Was DS' attorney present with her during the Grand Jury proceedings?

 

[BeanE]

Because I think she's the only one who can testify to TH's demeanor when she saw her that day, and possibly to what went on when she went to meet her, possibly what happened to Kyron. No one else would be able to go in front of a Grand Jury and testify to that. No one else saw Terri that day and talked to her as she was driving out on country roads with the baby. I think her testimony, if truthful, is the going to be the nail in TH's coffin, especially if Dede is very angry about ever being involved in all of this.

Dede went to meet her? I didn't see that.

 

[gardeness]

In this video:
http://www.kgw.com/news/local/DeDe-Spicher-testifies-before-grand-jury-99252004.html#kyron

The reporter asks if she was subpoenaed as part of a criminal investigation or just to solicit information. Her attny said that to his knowledge it was just to "solicit information."

IMO, that means DeDe is not being criminally investigated per se... but that she had information that LE wanted, but could only get from her via a grand jury. In other words, she wouldn't talk unless she was forced to.

Thank you. Exactly.

 

[JDB]

No; however, it is my understanding that a state grand jury uses the framework of the federal grand jury. The information provided was merely a frame of reference.

It could be federal if he was taken across state lines I think

 

[BeanE]

no idea. unless the others already been there done that - through back entrances into the secrecy of the GJ courtroom. Others being, for example (and at least), Landscaper, Kaine, Desiree, Kyron's teacher, MC &/or a long line of investigators with buckets of evidence.

With all those reporters there? I don't think so.

 

[Aedrys]

Dede went to meet her? I didn't see that.

Well, their time overlaps and no one could get in touch with Dede. So no, we don't know for sure, but I doubt they'd put her in front of Grand Jury if she hadn't seen TH that day at all. That would be a waste of time.

 

[BeanE]

In this video:
http://www.kgw.com/news/local/DeDe-Spicher-testifies-before-grand-jury-99252004.html#kyron

The reporter asks if she was subpoenaed as part of a criminal investigation or just to solicit information. Her attny said that to his knowledge it was just to "solicit information."

IMO, that means DeDe is not being criminally investigated per se... but that she had information that LE wanted, but could only get from her via a grand jury. In other words, she wouldn't talk unless she was forced to.

That's what it looks like. That this was solely to get info from Dede specifically. Not to get an indictment against anyone.

 

[mydailyopinions]

From what I'm reading on GJs and since nobody but Dede testified, it looks like that's what it is.

So if she has no info, then no arrests.

I can't help but wonder if this woman may have babysat for Terri during those 90- minutes or so she left.. and was asked by Terri not to say anything and truly has been working with LE all along. Maybe Terri truly thought this woman would never betray her.. Just maybe the threat from Kaine was organized by all of them in order to retrieve some kind of recording of Terri begging DEDE not to say anything?

 

[cluciano63]

I wonder if we will know tomorrow or soon, for sure if Kyron has been murdered. Or killed in some other way.

 

[gardeness]

That's what it looks like. That this was solely to get info from Dede specifically. Not to get an indictment against anyone.

I agree...

 

[Tink56]

I found a blog posting that gives a little insight into the types and purposes of the MCGJ. I found it informative for someone who isn't familiar with Oregon's process.

http://portland.indymedia.org/en/2006/06/340706.shtml
I learned that Multnomah County runs three grand juries year-round unlike smaller municipalities which may only seat a jury for a few months. Jury #1 hears cases of violent person-to-person felonies, #2 considers felony drug charges and #3 is for felony property crimes.

Each juror serves for four weeks, eight hours every weekday. There's no slack time like with regular jury duty and it pays a little more, $25 per day. An employer has no legal right to prevent jury service. Jurors are pulled from the regular jury pool at random, then seven plus two alternates are chosen from that group. If there hadn't been enough candidates from our group, another batch would have been called upstairs.

 

[cluciano63]

I feel like I need my sad kitty right now...

 

[mydailyopinions]

That's what it looks like. That this was solely to get info from Dede specifically. Not to get an indictment against anyone.

BeanE would they really convene a Grand Jury that way? She would still be able to go in front of a Grand Jury and plead her 5th amendment rights wouldn't she?

 

[Sailor Bug]

Kaine Horman asks court to have estranged wife pay half of his attorney fees

Kaine Horman has filed a motion in court this morning, asking a judge to order his estranged wife, Terri Moulton Horman, to disclose the source of the reportedly $350,000 she has paid to retain criminal defense attorney Stephen Houze
-----------------------------------------------------------------------------------
Spicher appeared very briefly, but is expected to return before the grand jury for a more extensive session at a later date, Stavley said. Stavley could not accompany his client as the proceedings are closed and secret.

"It's just an investigative grand jury,'' Stavely said. "Today was a preliminary, very short session. I anticipate she'll be back in front of the jury sometime in the future.''

Spicher wasn't called in until sometime after 11:20 a.m., and was done before noon, her lawyer said.

Stavely also disputed allegations that Kaine Horman and Desiree Young made last Thursday, contending that Spicher was impeding the investigation by not cooperating and advising others not to talk to law enforcement.


http://www.oregonlive.com/portland/index.ssf/2010/07/kaine_horman_asks_court_to_hav.html

 

[JSR]

Can a legal eagle please put in layman's terms why a witness goes in front of a grand jury, what this could possibly mean, and what could happen next?

There are two ways to get an indictment for a crime (to go on to a trial). The DA may decide between two options. Often one is picked over the other for strategic reasons.

A preliminary hearing. Which is heard in public and a judge decides if there is enough evidence to move forward with a trial.

Or a grand jury. A grand jury is REQUIRED in all federal crimes. And it's held in private. The witnesses called may not even say that they have testified before a grand jury. And their testimony is under seal. Never to see the light of day. Unless of course if their testimony differs from their testimony in a trial. Then their testimony can be used to impeach them. If the grand jury agrees there is enough evidence or probable cause they issue a "true bill". And the "defendant" can then be arrested.

In many jurisdictions a defendant must appear in court so many hours after being arrested. Where then they make a plea.

ADDED: Also important to note that the defendant and their counsel may not be present at a grand jury. And no cross examination takes place.

 

[matou]

Cousin Tom just posted that answers will come either tonight or tomorrow. http://www.[link removed]/forum1/message1141412/pg36

 

[pdx]

Grand Jury convened. Dateline (NBC) covering the Kyron Horman case tonight. LE holding press conference tomorrow. Is anyone else's anxiety meter running as high as mine? Remind self: No coffee or iced tea for the rest of the day

I was gonna give you the thumbs up for this post.. until I saw the 'no coffee' part!
xx