Kaine explains the car swap

[sorrell skye]

Of course, the rules for the Court of Public Opinion are much more lax.

 

[human]

bbm

Excellent question. Although the 7th grader wasn't specifically quoted as IDing KH's white truck (he said he "saw the truck"), it seemed to be implied in the way the article was written that he meant KH's truck.

Based on the way the article was worded, I, too, have the same question. How would he have positively known whose truck it was? Unless he saw TH & K getting out of it when they arrived @ school. Otherwise, it could have been someone else's truck.

IIRC, the LS also drove a white truck, according to media reports.

Not to mention, locals have posted that white trucks are very common in the area.

It does have some distinctive stickers on it

 

[Donjeta]

It seems to me that if Kaine made this statement about this conversation in court he would be under oath, the judge and jury could observe his demeanor and try to probe it for inaccuracies and the counsel for the opposing side could cross-examine him to try to point out problems in his story so it wouldn't be hearsay by this definition, would it? But if Kaine didn't testify in court under oath they couldn't use this statement that he made out of court because it would be hearsay. Is this a right interpretation?

 

[Noway]

That actually gave me the chills. I don't think its a photograph....I'm not sure what it is. It looks like a face for sure, but not like something on the truck.

http://s296.photobucket.com/albums/mm166/crankycrankerson/Kyron%20Horman%20%20-OR-/?action=view&current=61510Kyronmultividgroup011.mp4

This is video of truck being towed (starts about 5:15 I think). Not sure if you can tell what the photo is.

I'll ask Amanda if she can tell from the People magazine photo. I thought it might be the NCMEC missing child poster photo, not a hint to the would-be-accomplice about what kid to take.

The video is from June 15, FWIW.

ETA
I have no idea what this is a picture of, but I don't think it's Kyron.

 

[sorrell skye]

It does have some distinctive stickers on it

True.

Would the 7th grader have been familiar with the particular stickers on KH's truck?

 

[cluciano63]

I wish Kaine would not answer any media questions at all. They add more confusion, instead of clearing anything up, and none of this is helping in finding Kyron. I personally do not want to hear from any of the parents unless they are making a plea to Kyron's "kidnapper" or talking directly to Kyron. I do not believe that LE is directing what Kaine says; I think he is answering the questions he chooses to answer. Just my opinion.

 

[sorrell skye]

It seems to me that if Kaine made this statement about this conversation in court he would be under oath, the judge and jury could observe his demeanor and try to probe it for inaccuracies and the counsel for the opposing side could cross-examine him to try to point out problems in his story so it wouldn't be hearsay by this definition, would it? But if Kaine didn't testify in court under oath they couldn't use this statement that he made out of court because it would be hearsay. Is this a right interpretation?

According to my interpretation of the Hearsay Rule, a written statement is not admissible as evidence, since a written statement cannot be cross-examined.

This statement of KH's is a written statement, not under oath, and cannot be used as evidence.

Of course, if TH is arrested & charged, KH can make the same statement in court, but he will have to do so under sworn oath.

At this point, any statements he makes to the media are not sworn statements.

 

[Donjeta]

According to my interpretation of the Hearsay Rule, a written statement is not admissible as evidence, since a written statement cannot be cross-examined.

This statement of KH's is a written statement, not under oath, and cannot be used as evidence.

Of course, if TH is arrested & charged, KH can make the same statement in court, but he will have to do so under sworn oath.

At this point, any statements he makes to the media are not sworn statements.

No, they quite obviously are not, but I thought the issue was whether another witness was needed to corroborate what Kaine says for it not to be hearsay. I'm not a lawyer but I think it would still be hearsay if two or more people made statements out of court about discussions they've had and none of them are available to testify about it under oath later. If Kaine testifies it's a witness statement IMO. Whether or not it is true what he says is up to the court to decide at that point.

 

[Noway]

Kaine could testify as to what he and Terri talked about, but DY could not testify as to what Kaine told her Terri said (because it then becomes hearsay).

Is that it?

 

[Wrinkles]

I wish Kaine would not answer any media questions at all. They add more confusion, instead of clearing anything up, and none of this is helping in finding Kyron. I personally do not want to hear from any of the parents unless they are making a plea to Kyron's "kidnapper" or talking directly to Kyron. I do not believe that LE is directing what Kaine says; I think he is answering the questions he chooses to answer. Just my opinion.

Wow...big difference of opinion here. I want to hear what Kaine has to say. I also hope that he is receiving wisdom in doing whatever is necessary to protect himself while sharing what he obviously feels to share. I "KNOW" that these parents (Kaine, Desiree, Tony) want their child found, I don't have to hear it a thousand times...I got it the first time they said it -- but I'm willing to hear it as much and as often as they want to say it, I get it.

For me, Kaine's answers don't add more confusion to my thinking, certainly no more than I would have if I had bits and pieces flowing into something going on in my life, something that needed to be figured out -- I am not opposed to the puzzle pieces being increased -- its just the way it is due to the circumstances.

As far as I'm concerned, Kaine can keep laying things out -- hoping that someone might come up with a clue for someone to help find his very missing precious angel son.

 

[BeanE]

I wish Kaine would not answer any media questions at all. They add more confusion, instead of clearing anything up, and none of this is helping in finding Kyron. I personally do not want to hear from any of the parents unless they are making a plea to Kyron's "kidnapper" or talking directly to Kyron. I do not believe that LE is directing what Kaine says; I think he is answering the questions he chooses to answer. Just my opinion.

Whereas I appreciate when Kaine chooses to share information, I would be fine with it if he chose not to share any information at all. It's his choice, and I respect his right to privacy.

I can't say that I wish he wouldn't answer any questions, because I hope when he does, it may lead someone in the public to think of, or find, some information that may be helpful to LE in figuring out what happened to Kyron.

I have found most of the information Kaine and Desiree have provided to be very helpful. But again, if any of the parents choose not to share information with the public, I certainly understand that, and support them in that choice.

 

[cluciano63]

I don't see how it is helpful. It has been over six weeks and memories do not improve over time and they are not talking about the circumstances of his disppearance as much as they are talking about Terri. I don't think it was helpful for them to call her a liar on national TV when she has not been named a suspect. I don't understand why they tell us Kyron is allergic to bees a month after he disappeared. Everytime one or the other speaks, I feel as though I know less about what happened on June 4th and just more about this family and their problems.

I just want to hear from LE on this case. I'm not taking anything said by grieving family members as a fact at this point.

 

[Barry]

I would have a hard time articulating what is bothering me about the latest PC's. Maybe I'm feeling the "psych job" too strongly. IMO, it seems like there has been a lot of effort expended trying to plant an idea in the publics mind, that being that there is one and only one possiblilty to explain Kyrons disappearance. Maybe I am perceiving the whole thing wrong (a possibility I will freely admit to), however, it bothers me. I don't quite see the end game here. Trying to seat an unbiased jury is going to be a nightmare in this case (if TH gets to trial for it). I can't believe that is what they are trying to accomplish.

I concede there's a lot we may not be privy to. I just keep getting the nagging feeling that all is not as it appears here.

Sorry for the rambling.

 

[citigirl]

I don't see how it is helpful. It has been over six weeks and memories do not improve over time and they are not talking about the circumstances of his disppearance as much as they are talking about Terri. I don't think it was helpful for them to call her a liar on national TV when she has not been named a suspect. I don't understand why they tell us Kyron is allergic to bees a month after he disappeared. Everytime one or the other speaks, I feel as though I know less about what happened on June 4th and just more about this family and their problems.

I just want to hear from LE on this case. I'm not taking anything said by grieving family members as a fact at this point.

I think that we have to consider the possibility that LE is influencing some of what KH, DY and TY are saying. For example, telling Kaine about the MFH and getting him out of the house so they could operate the sting was most likely initiated by LE. The D.A. did provide a letter to the RO judge describing the MFH plot by Terri.

I do feel a little bit "unwashed" after I read some of these things about the family-I understand why you are frustrated by having to read these sordid things that don't clearly connect up to Kyron. I really think, with the FBI involved, that these things are intended to reveal things about TH's character that might encourage her to change her ways, at least on the surface, and cooperate with the police.

 

[Melanie]

I recall getting the projects, cupcakes and the costumes (when necessary) to school just walking with my kids!! the car thing seems pretty fake to me even a mustang has a trunk!!!!!:waitasec:

Me too -- have a little Nissan. I've never asked to drive hubby's larger Subaru. I saw the project - no problem putting it in the trunk or in the back seat. This SO goes to premediation -- especially when she didn't bring the project home.

What happened that day. I am aching to know and to find Kyron!

Bless,

Mel

 

[mauirain]

Ok I am sooo confused by this one thing....
Did she or didn't she have her daughter with her when she went to the school??? Early reports said she was with a sitter. Does anyone have a link to where the daughter was when she was at the school with Kyron on that morning? Thanks

 

[Melanie]

I wish Kaine would not answer any media questions at all. They add more confusion, instead of clearing anything up, and none of this is helping in finding Kyron. I personally do not want to hear from any of the parents unless they are making a plea to Kyron's "kidnapper" or talking directly to Kyron. I do not believe that LE is directing what Kaine says; I think he is answering the questions he chooses to answer. Just my opinion.

This is a tough one for me. In cases where the parents don't talk, I automatically hit the guilty button. But in this case, I do appreciate the information and in the back of my mind, one piece of info might come out that will lead LE to Kyron. I look at Joshua Powell and his lack of voice and actions and "bingo" - guilty as all get out (sorry to get OT), but just making a point.

I think the affair (sexting), the cars, the lack of taking the project home, are all important pieces of info. Now if we could only put them all together and find Kyron.

Hugs!

Mel

 

[PortlandMama]

Ok I am sooo confused by this one thing....
Did she or didn't she have her daughter with her when she went to the school??? Early reports said she was with a sitter. Does anyone have a link to where the daughter was when she was at the school with Kyron on that morning? Thanks

See post #3 on the Myth Busters Thread: [ame="http://www.websleuths.com/forums/showthread.php?t=109402"]Kyron Horman Case - Myth Busters - *LIST ONLY * NO DISCUSSION * - Websleuths Crime Sleuthing Community[/ame]

ETA: Kaine says the toddler was with TH at the school that morning.

 

[sorrell skye]

I wish Kaine would not answer any media questions at all. They add more confusion, instead of clearing anything up, and none of this is helping in finding Kyron. I personally do not want to hear from any of the parents unless they are making a plea to Kyron's "kidnapper" or talking directly to Kyron. I do not believe that LE is directing what Kaine says; I think he is answering the questions he chooses to answer. Just my opinion.

I agree - the more KH talks, the muddier the water gets (at least for me personally). I was more suspicious of TH weeks ago than I am now after hearing/reading KH's statements. The more KH talks, the more doubt I have about TH's involvement.

I understand that I'm in the minority. IMO, some of what KH says @ times seems to contradict the picture of TH that he seems to be trying to illustrate, and other things he says flies in the face of the reality that TH cared for 3 children, cared for a household, volunteered at school, managed to get her teaching license reinstated, and was attempting to pursue a teaching job.

It hasn't escaped my notice that KH's recent comments seem to be in response to the public's reactions of his previous comments. IMO, he's apparently paying attention to public opinion, and adjusting his statements accordingly.

 

[Melanie]

Ok I am sooo confused by this one thing....
Did she or didn't she have her daughter with her when she went to the school??? Early reports said she was with a sitter. Does anyone have a link to where the daughter was when she was at the school with Kyron on that morning? Thanks

Great question. I can't find where anyone says where the baby was, but here's a good timeline. I'll keep lookin.

Best,

Mel

http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_chronology_of_eve.html