TH's friends claim LE "has probable cause to arrest TH"

[joeskidbeck]

I have to believe that LE has more information than what we are aware of. I also believe they have shared some of that info with Kaine and Desiree. Ever since Kaine spent hours with them (before he visited Kyron's wall) there has been a very big change in both their attitudes. It would almost make me think they had lost all hope.

 

[STEADFAST]

I'm not sure it matters what LE told these people. They are allowed to lie to you when they're questioning you. Telling people who have been in close contact with her that they have probable cause to arrest her could just be a way to get these people to spill their guts. Or it could be true, since, after all, there is no need to rush to arrest her, especially if they think having her out and free might lead them to any accomplice(s).. I just don't see how we can tell at this point.

 

[passionflower]

Steadfast.....O/T
I love your avatar of a frog with a huge teardrop................
that's how I am feeling.
Poor dear little KYRON..............Lord, PLEASE let him come home!

 

[Kimster]

Steadfast.....O/T
I love your avatar of a frog with a huge teardrop................
that's how I am feeling.
Poor dear little KYRON..............Lord, PLEASE let him come home!

I totally agree! Each time I see that avatar my mind goes to a mental image of Kyron's great big smile.

Many prayers to MCSO that they would get whatever evidence they need to bring Kyron home!

 

[Calliope]

My theory (ha... my latest theory) was that her attorney is working out a deal with LE and preparing Terri to turn herself in. I thought it would happen this past Monday with him asking for that long to get Terri out of the house, but alas I was wrong (surprise!).

I do believe that is in the works though, and will happen soon.

 

[cluciano63]

My theory (ha... my latest theory) was that her attorney is working out a deal with LE and preparing Terri to turn herself in. I thought it would happen this past Monday with him asking for that long to get Terri out of the house, but alas I was wrong (surprise!).

I do believe that is in the works though, and will happen soon.

Turn herself in for...what? Murder?

 

[ZL27]

It would be interesting if we could input from an attorney regarding the ''length'' of her visit - (to say it is unusual is gross understatement) --

I don't think it's that unusual. I've been involved in a civil court case (as the plaintiff's corporate representative, not an attorney), and I was shocked by how much time (days) it took to prepare for the simplest of hearings.

 

[TxLady2]

Can a parent living in the home be charged with kidnapping or custodial crimes?

And even if yes, they would have to have pretty solid proof she left with him and after all of this time I am guessing they don't have it. I don't think they got what they hoped for after all the interviews and flyers, etc. If they cannot prove she took him from school, I don't know how they can charge her for anything related to Kyron.

And those statements from people who claim they saw Kyron later (at least the one from TP) will always be handy for the defense.

BBM: I don't think so, but I could be wrong. She was the stepmother, married to and living with the father. She would be considered a custodial parent until they are divorced.
IMO, they cannot charge her with kidnapping. Only if it is proved she took him and then did harm to him, and the charges would have to be related to that, not kidnapping or custody.
Hate to say it, but I am thinking that unless they find Kyron, no arrest is going to take place anytime soon.

 

[TxLady2]

BBM. Yes. Reference Gabe Johnson's case. I'm not confident they could charge kidnapping because I *think*, and it may depend on the state's statutes, but I *think* they would have to say Kyron crossed state lines. But the custodial interference definitely. Kaine and Desiree have custody. Terri does not. As soon as there was a date and time at which Kyron was to be with one or the other of them per court order, custodial interference kicked in.

I disagree about the custody. As Kaine's wife, she was considered a custodial parent as well.
She was not interfering with custody, she had the right to pick him up from school. It's what she did AFTER that would be criminal. But if they can't prove that she took him that day and/or did any harm to him, how are they going to prosecute custody interference?

 

[21merc7]

I disagree about the custody. As Kaine's wife, she was considered a custodial parent as well.
She was not interfering with custody, she had the right to pick him up from school. It's what she did AFTER that would be criminal. But if they can't prove that she took him that day and/or did any harm to him, how are they going to prosecute custody interference?

Legally, in the 2 states I have lived in BeanE is correct. Other states are a bit more, uh, modern. Don't know about this state.

 

[BeanE]

I disagree about the custody. As Kaine's wife, she was considered a custodial parent as well.
She was not interfering with custody, she had the right to pick him up from school. It's what she did AFTER that would be criminal. But if they can't prove that she took him that day and/or did any harm to him, how are they going to prosecute custody interference?

Well I definitely am not a lawyer, so don't count on me! lol

Along with my amateur knowledge of law, I'm also making the assumption that 1) there is court ordered custody, and 2) that Terri is not on there - only Desiree and Kaine.

But... I *think* even if Terri is on there, that when the date/time that Kyron was to be with Desiree, custodial interference would kick in.

If there's no court ordered custody, then I don't know how that works. I would guess that a court would go by whatever 'normal' is for the bioparents.

But really, this is a question for the Legal/Law thread where the attorneys can answer it.

And I agree with you that they need evidence Terri took him from the school in order to charge her with anything. I *think*. But again, IANAL.

 

[BeanE]

BBM: I don't think so, but I could be wrong. She was the stepmother, married to and living with the father. She would be considered a custodial parent until they are divorced.
IMO, they cannot charge her with kidnapping. Only if it is proved she took him and then did harm to him, and the charges would have to be related to that, not kidnapping or custody.
Hate to say it, but I am thinking that unless they find Kyron, no arrest is going to take place anytime soon.

They can. Reference Gabriel Johnson's case.

 

[Calliope]

Turn herself in for...what? Murder?

I have no idea...

I gotta say though, I'm probably wrong

 

[Sherbie]

I just would not want to be that attorney.

9 hours is not suggesting it was about something mundane. Maybe someone reported the wrong info, or TH needed to be in the office so as not to be near someone else for that specific day? Or, just going through all those phone, text, computer records and verifying. IDK.

Another option might be that with the new searches of friends' homes and questioning of them, TH and Houze were worried that an arrest might be imminent. Houze may have kept her in the office all day so that if an arrest were to take place, she could be surrendered via her atty vs. a public spectacle elsewhere?

Or maybe she decided with all these goings-on, she better come clean to her atty and tell him the truth, and they spent the day working out some strategy. Definitely something major going on to have spent nine hours there.