Question:
Do you guys think she will testify, or just let it go and let whatever happens happen?
She gave up her own toddler daughter rather than testify. She won't say one word.
I think she filed to get in under the deadline (Monday) but everyone knows that it will continue to be put off, just like the divorce, until something else happens. No judge is going to force this forward while the possibility of criminal charges against Terri are out there.
Just like ZFG's suit against Casey. And if Terri were ever found guilty, it would take even longer b/c of the appeals.
I don't think this will change anything, sadly.
It's different than a divorce. Since there are no criminal charges pending, there is no reason for the court to delay this matter. Terri can plead the fifth but this trial will go forward if not dismissed via a summary judgment motion or other mechanism. (It's been a while since I've done civil litigation and I can't remember the different ways to get a civil case dismissed).
The stark language of this lawsuit is somehow very moving.
It IS a fishing expedition and a pressure tactic, as they explicitly said during the press conference. They are "fishing" for evidence, and they are putting pressure on Terri in every way possible to compel her to speak.
The worst that happens is actually that Kyron's case gets attention, which is excellent since he's still a missing person and a lot of time has passed. So this is a small win/big win scenario.
LE does have proof that satisfies them and the family that Terri was responsible. Proof that points to the murderer and proof that can prosecute Terri of murder in the absence of a body are slightly different -just like in the Scott Peterson case. I remember how blown away I was when I realized the extent of evidence LE had against Scott and how they had to sit on it until Laci's body was found. I'm sure this is the same. When both LE and the family saw the evidence they were satisfied that Terri was guilty and are now focused on finding his remains (probably) so the case can move forward.
Even the small amount of evidence they've released to the public has been pretty shocking - at least to me -about Terri's state of mind and behavior as a parent. I do hope this civil case allows the family to see more of the evidence LE has been sitting on.
Excellent post. Thank you.
It's never clear to me, in situations like this, how plaintiffs can afford the legal costs. I was falsely arrested, and had a tiny little misdemeanor charge, and it cost me $5000 to pay the defense atty. That was just for a plea deal. I really wanted to fight to prove my innocence, for my peace of mind, (the charges weren't serious enough to jeopardize job applications or criminal background checks etc. So, I wasn't concerned about it effecting my future) but I couldn't justify the additional cost so that I would feel vindicated. In the end, I took the deal to save money. The money isn't just mine, it's my husband's nd kids too.
Additionally, when my grandmother became mentally incapacitated, she got really angry with us in her confusion, and as a result of things she said, her neighbors rallied around her, helped her hire an attorney, and my mother had to fight in court for legal guardianship. My mother won it, but my grandmother spent $30,000 fighting it. (thanks to he helpful neighbors who ultimately accomplished nothing but draining y grandma's savings.)
My point is that these were small cases, that did not require the same number of hours of prep and time that a case like this one will. We know that, even if Desiree wins, Terri doesn't have the money to pay $10,000,000. How can Desiree afford this? I'm glad she's doing it. I just always wonder about that in cases like this. Where does the money come from? How does the atty get paid? Kyron's disappearance has gotten huge media attention, so an attorney might do it at a discount sort of in exchange for promiting his services.
What would a lawsuit like this cost?
I know we've all wondered the same thing about Terri's atty.
Thanks!
My feeling is that Desiree will be responsible for costs, like court reporter fees for depositions, subpoena fees, etc. But I think her attorney is probably working on a contingency basis, meaning he won't get paid unless she recovers a money judgment (which means he is likely working for free). An attorney would do that if they feel it is a worthwhile case for a worthwhile cause and/or for publicity.
I have a question to anyone who might know the answer. If Desiree wins the lawsuit and Terri can't pay, would she go to jail?
No. We don't have debtor prisons anymore.
For me, all you need to know is that a mother has not seen her toddler, now preschooler, in two years because to do so she'd have to waive her 5th amendment rights. There is just no reasonable explanation for that I can think of. Granted, it's just me, but I can't imagine not seeing my beloved baby girl for not.even.one.second in TWO YEARS. Honestly, I think most mothers would voluntarily go to prison for a period of time than do that.
This is the main reason I am convinced of her guilt. I'm a family law attorney. I know how people fight for their kids, usually because they love their kids so much but also sometimes just to hurt the other side, or just because they don't want the other party to win, or even when it destroys their children. People as involved in their child's life as Terri was, rarely simply give up.
And she did fight. She paid a lot of money to an attorney to fight for her. But when it came down to the possibility of incriminating herself, her love for her baby dried up.
Totally agree. If there was proof at this point she would be charged. I may have missed something but I don't believe LE has ever come out and indicated the believe she is responsible either. I think the only person who has done that is DY but I don't think she has shown any real evidence to back up her claims.
Doubt the lawsuit will be allowed to go forward at this time. Or if it does it will be dismissed at some point. If you're going to accuse someone and sue then you'd better have some evidence, which I don't believe they have. All the threats to bring in TH's friends and add additional people to the lawsuit are just that, threats. Meant to scare and intimidate. They will either need to prove what they are asserting or the case will be dismissed.
I see this statement a lot: "If there was proof, there would be charges." That's a huge misconception. Proof that a person was involved in criminal activity is not the same as enough evidence that the state feels comfortable taking the case to a jury. We know there is proof in this case that Terri is involved in Kyron's disappearance. We have seen a lot of that proof. For example, her inexplicable meandering drive on quiet back country roads on the very day Kyron went missing, soon after dropping him off, with her sick baby in the car. The fact that apparently, she was the last person to actually see Kyron that we know of for sure. Her hatred of him and desire to have him be sent to Desiree, etc., etc. But none of that is likely enough proof to take this case to trial. So proof and enough proof for a trial are two different things.
they do? then how come they have not arrested her? charged her with anything?
I too question why friends have come forward sooner...some thing is sketchy with that.
See above.
Let me add that once a defendant is charged with murder, the clock starts ticking on speedy trial rights, etc. The state is locked in. But there is no statute of limitations on murder so until they have what they feel is a strong enough case, even if the investigators know, based on the evidence they have seen and their investigative instincts, common sense, etc., they will not charge a suspect unless they feel they have a strong chance of securing a conviction.
I firmly believe that LE has probable cause to arrest Terri Horman. But, i don't think they have enough evidence yet to sustain a conviction for first degree murder. They really need Kyron's body or one more piece of the puzzle that will nail her, IMO.
This lawsuit is a means of putting on the pressure, keeping the public interested in the case and hopefully gaining even a bit more evidence.
Remember, it took 3 years before Jason Young was arrested for his wife's murder. They had evidence, they had proof and they had probable cause. They just needed time to make a strong case. The same thing could be happening here.
lease: that Kyron is found !
