Kyron Horman's mom's civil suit against Terri Horman

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BetteDavisEyes said:
Do you have additional information on this "statute of limitations" and how it applies to "custodial interference"? Wouldn't the 7-year statute (or 5 years as it is in some states, i.e. Alabama where a judge declared Natalee Holloway dead after nearly 6 years) apply to someone who is missing and presumed dead? There is no proof to date that Kyron is deceased.

Perhaps when we see the wording of the lawsuit, this will become clearer, but for now, it's puzzling.
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I don't know any more than what was said to me, that in TN it had to be filed within 7 years.

Here's some Oregon info I found with a Google:

Personal Injury: 2 years.

Fraud: 2 years from discovery.

Libel / Slander / Defamation: 2 years.

Injury to Personal Property: 6 years.

Product Liability: Two years after the plaintiff suffers injury, or within two years of the date the plaintiff discovers or reasonably should have discovered the injury. However, no product liability action may be commenced more than eight years after the date the product alleged to have caused injury was purchased.

Contracts: 6 years.

http://www.expertlaw.com/library/limitations_by_state/Oregon.html
 
snipped from : http://www.oregonlive.com/portland/index.ssf/2012/06/desiree_young_kyron_hormans_mo.html

Kaine Horman, Kyron's father, said on Friday that he knew nothing about the suit though he will be briefed before the news conference at 1:30 p.m.


JMO ... but Kaine already has his "hands full" with the divorce proceeding against Terri ...

So ... I think it was a good move that Desiree did NOT involve Kaine in this "civil suit" against Terri ...

And this way, Terri can't claim "conspiracy" ...

:moo:
 
dog.gone.cute said:
snipped from : http://www.oregonlive.com/portland/index.ssf/2012/06/desiree_young_kyron_hormans_mo.html

Kaine Horman, Kyron's father, said on Friday that he knew nothing about the suit though he will be briefed before the news conference at 1:30 p.m.


JMO ... but Kaine already has his "hands full" with the divorce proceeding against Terri ...

So ... I think it was a good move that Desiree did NOT involve Kaine in this "civil suit" against Terri ...

And this way, Terri can't claim "conspiracy" ...

:moo:
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BBM

I was thinking the EXACT same thing.
 
BetteDavisEyes said:
You're probably right about that, Nurse. I wonder if we'll hear anything from TH's attorneys? They haven't said much, either.
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They'll have to say something now!

Probably just that Terri saw nothing, knows nothing, and is innocent as the pure driven snow. :maddening:

Terri won't say anything, but civil suits are different, and Desiree can still drag her through court for a couple of years and maybe get some written statements out of her. She won't be able to pull the same thing she did with the divorce - avoiding it altogether.

Something will come out of this. They can drag all of Terri's phone-squad back into court for one thing. Oooo - I'm looking forward to that!
 
But can't she just plead the 5th and lose the case? If she is still living with her parents and not employed, they can't get any money out of her. If she goes that route, I think that just proves her guilt one more time - but only in the eyes of the public.

The last thing I want to look like is a pessimist, but I'm not seeing how this will help find Kyron. Making Terri's life more miserable, maybe. And since she can't be jailed, this might be the only justice Kyron will ever get. :tears:
 
Chili Fries said:
But it will put more pressure on her. Kaine and Desiree are just doing whatever they can to make her life uncomfortable. Not only does she have to worry about spending her life in prison but she's cut off from her daughter and now may face financial penalties. They are basically saying...we are going to do our best to keep your life suspended in limbo until we get answers. I give them a lot of credit for fighting for Kyron.
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ITA with you and Im glad she is doing this.
 
Kimster said:
Question:

Do you guys think she will testify, or just let it go and let whatever happens happen?
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I don't think she'll say a word. The attorney in the video said she could plead the 5th and likely the judge would allow it because of the criminal investigation. My guess is she has LONG since transferred any money she had to her parents so even if she loses, the judgment wouldn't really affect her financially in the short term.

I wonder if they classified Kyron's case a cold case, would the whole "pending criminal investigation" excuse for not talking be nulll & void? I mean the reason they postponed the divorce is because of the criminal investigation... so just curious if the case were 'cold', would that negate the criminal investigation aspect?
 
Wow, this is a good strong statement.
 
I will pursue anyone who helped Terri take my son away from me - Desiree speaking live on TV
 
Oooooh, subpoenas of text and phone records, all for a public trial.

Conjunction compelling Terri to return Kyron to his family, or to tell the parents the location of his remains.

$10 million law suit.
 
@LynnePDX: Elden Rosenthal: Sometimes it's right to use the civil justice system. "This is one of them."
 
Desiree starting to cry during her second sentence, as she talks about Kyron as a special person. She says she believes Terri knows where Kyron is and is responsible for what happened to Kyron. It's time for Terri to tell where Kyron is.
She believes eventually the criminal justice system will take action against Terri. She wants to use the court case to make Terri tell what happened to Kyron and to get money from Terri. Desiree won't keep any of Terri's money, she doesn't want Terri's money. The money will go to help people with missing children. She will pursue Terri and anyone who helped Terri.

This is making me cry and I don't cry easily.

Lawyer...lawsuit asserts that Terri kidnapped Kyron. Says Des believes there will eventually be criminal action but for now they will use civil court tools to peel away mystery of what happened. Will be able to issue subpeonas to compell testimony and discover things like text and e-mail messages in a public trial. Seeks an injunction to compell Terri to return Kyron or tell where he is if deceased. Seeking 10 million dollars. Will also target other people who were involved.
 
WOW oh WOW ! :woohoo:

Let it roll !!!

:woohoo:
 
Press : What happens if Terri pleads the fifth,
ATTY: We will still prove the case
 
Says this tactic worked 20 years ago when trying to find out info of what happened when white supremacists murdered Mulugeta Seraw.

Edit: Tom Metzger ran white supremacist organization and was civilly sued after the 3 actual murderers had been convicted. I'm not sure exactly how this relates to this case except the civil decision placed a severe financial burden on Metzger that he stills has to deal with 2O years later.
 
They think she kidnapped him - sounds like they think she had an accomplice who did the actual murder, if that is what happened.

Lawyer says they don't need Terri's words, so it's okay if she pleads the 5th, because their evidence will still be relevant. I assume that's the subpoenas for Terri's records.
 
Desiree says she's confident that criminal charges will be brought eventually.
 
Will take a year if Terri fights it, shorter time if she doesn't.
 
JMO ... but this was a "brilliant move ... brilliant " ! ! !

:please: for Kyron and Desiree !

:moo:
 
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