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Thread: Divorce Hearing information

  1. #51
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    Quote Originally Posted by gwenabob View Post
    All TH's lawyers had to do is say they have prior scheduling conflicts on the first two dates the court gave them. Vioila! They get 3 more months.
    That really surprises me.

    In my state, there are only two grounds on which an attorney can turn down dates on the court calendar: already scheduled for court or on vacation.

    Lawyers that are caught lying about the dates they have available can and do face court sanctions.

    In this state, it would only take Ms Rackner a matter of minutes to ascertain the probable truth of the matter.

    I do think it's possible that Mr Bunch, TMH's divorce lawyer, already has many court dates filled. I'm certain TMH is far from his only client.

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  3. #52
    Does anyone have a link to the dates that were proposed. Is it a fact that the date chosen was the last date available on the list?

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  5. #53
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    There is no link to the dates the court gave them. The news article said three dates were given up to 3 months out. March 31st is three months out.
    Justice is the constant and perpetual will to allot to every man his due. Domitus Ulpian

  6. #54
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    Quote Originally Posted by gwenabob View Post
    There is no link to the dates the court gave them. The news article said three dates were given up to 3 months out. March 31st is three months out.
    I didn't get the impression that KH's attorney was such a pushover that she would just nod her head at whatever Houze said.
    Just my opinion, of course.

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  8. #55
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    Quote Originally Posted by cluciano63 View Post
    I didn't get the impression that KH's attorney was such a pushover that she would just nod her head at whatever Houze said.
    Yeah, but she knows that alot can happen in three months and it might be a whole different thing by March if new evidence comes to light.

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  10. #56
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    Quote Originally Posted by ThoughtFox View Post
    Yeah, but she knows that alot can happen in three months and it might be a whole different thing by March if new evidence comes to light.
    That doesn't make sense to me, that she would not mind the delay, as I can't see Kaine losing either way. Also they had said that they were pushing for the case to be heard in order to try to get information about Kyron. So I don't think she would simply bow to Houze without ample proof that his calendar is full, if it is his and not hers that is the issue. Kaine sounded as though the speed of the divorce was of the essence to him.
    Just my opinion, of course.

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  12. #57
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    Quote Originally Posted by ThoughtFox View Post
    Yeah, but she knows that alot can happen in three months and it might be a whole different thing by March if new evidence comes to light.

    she who ???

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  14. #58
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    Quote Originally Posted by gwenabob View Post
    There is no link to the dates the court gave them. The news article said three dates were given up to 3 months out. March 31st is three months out.
    call me crazy..but 3 months out from what ?

  15. #59
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    Kappy let me try to answer your question.

    You quoted Thoughtfox asking she who. It is clear from the post that you quoted from, that the posters were talking about Kaine's Attorney. You thanked the poster for the original post in the chain.

    So the answer to your question is that the posters were talking about Kaine's Attorney.

    Hope this helps you understand!

    Posts below.

    [ame="http://www.websleuths.com/forums/showpost.php?p=5987453&postcount=56"]Websleuths Crime Sleuthing Community - View Single Post - Divorce Hearing postponed[/ame]

  16. #60
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    Quote Originally Posted by kappy50 View Post
    call me crazy..but 3 months out from what ?
    The Hearing date now set is March 31, 2011. So that is just shy of 3 months from the postponement date.

  17. #61
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    Quote Originally Posted by ThoughtFox View Post
    Yeah, but she knows that alot can happen in three months and it might be a whole different thing by March if new evidence comes to light.

    Hi ThoughtFox, I've been wondering if that Sheriff does expect something to happen in February in Kyron's case. It might be the lawyers or LE/prosecutor don't want the divorce to affect the case in any adverse way, thus moving the divorce hearings to March. Like having testimony come out before they want it public. Just sayin' xox

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  19. #62
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    Quote Originally Posted by scandi View Post
    Hi ThoughtFox, I've been wondering if that Sheriff does expect something to happen in February in Kyron's case. It might be the lawyers or LE/prosecutor don't want the divorce to affect the case in any adverse way, thus moving the divorce hearings to March. Like having testimony come out before they want it public. Just sayin' xox
    Well before lots of folks thought that LE would wait until Feb. to do whatever they were doing to do it after the January hearings...so not sure why they would reverse it. But I don't think LE is waiting on anything, I think if they have enough to move forward, they will do so, no matter what month it is.
    Just my opinion, of course.

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  21. #63
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    Quote Originally Posted by kappy50 View Post
    she who ???
    I meant Kaine's attorney ~ thank you, Grandmaj!

    I meant that if TH's attorneys want to drag it out, there's no real way to stop them anyway, but it might also work to the advantage the Kyron Investigation because it would give them three more months to build a case against Terri.

    It really doesn't work to Terri's advantage, but it would seem that nothing much can really help her now anyway. She isn't going to get custody of Baby K back, and indeed she isn't even asking for it anymore! Therefore, they want to postpone her testimony in the divorce trial as long as possible, but it also works to Kaine's advantage (even though I'm sure he'd love for the divorce to be over with as of yesterday).

    I'm the proud mother of a new attorney!
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    The only thing necessary for the triumph of evil is for good people to do nothing ~ Edmund Burke
    Why shouldn't truth be stranger than fiction? Fiction, after all, has to make sense. ~ Mark Twain

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  23. #64
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    Quote Originally Posted by cluciano63 View Post
    Well before lots of folks thought that LE would wait until Feb. to do whatever they were doing to do it after the January hearings...so not sure why they would reverse it. But I don't think LE is waiting on anything, I think if they have enough to move forward, they will do so, no matter what month it is.
    But they are waiting, aren't they? Just as all of us are waiting for a break in the case. For new evidence, and hopefully for a body.

    Eventually they might want to move forward even without a body, but I think they are hoping for new information or a new lead. Someone could talk between now and February or March.

    I'm the proud mother of a new attorney!
    It's better to know some of the questions than all of the answers. ~ James Thurber
    The only thing necessary for the triumph of evil is for good people to do nothing ~ Edmund Burke
    Why shouldn't truth be stranger than fiction? Fiction, after all, has to make sense. ~ Mark Twain

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  25. #65
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    I don't think LE is waiting for anything to do with the divorce, I just think they are waiting, a: hoping to find Kyron, and b: until they think they can proceed without finding him. I don't think they are in a position to work around a divorce hearing. They know she won't be confessing.
    Just my opinion, of course.

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  27. #66
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    Quote Originally Posted by cluciano63 View Post
    I don't think LE is waiting for anything to do with the divorce, I just think they are waiting, a: hoping to find Kyron, and b: until they think they can proceed without finding him. I don't think they are in a position to work around a divorce hearing. They know she won't be confessing.
    I've sort of lost the thread of what you are saying. I agree that LE won't wait for the divorce hearing if they wish to move forward in February. I figure they are waiting until Feb. to give the Grand Jury more time to study the evidence and to make their case.

    The question I was responding to a few posts back was why Kaine's attorney would agree to a postponement.

    Quote Originally Posted by cluciano63
    I didn't get the impression that KH's attorney was such a pushover that she would just nod her head at whatever Houze said.
    Number one, the timing is up to the Judge and what the Judge will allow.

    Number two, there's no reason for Kaine's attorney to care if they postpone it since it works in favor of BOTH the divorce and the Kyron investigation to wait longer.

    More evidence that could be gathered during the longer time period might be in Kaine's favor (in fact, I'm darned sure of that), and if they find Kyron or one of TH's friends breaks their pact of silence, then that will also work against TH in the divorce proceedings.

    So again, in answer to the question of why Kaine's attorney would agree to a lengthy delay, it's a win-win situation for them (at least in legal terms - sadly nothing will bring Kyron back or restore this family).

    JMOO

    I'm the proud mother of a new attorney!
    It's better to know some of the questions than all of the answers. ~ James Thurber
    The only thing necessary for the triumph of evil is for good people to do nothing ~ Edmund Burke
    Why shouldn't truth be stranger than fiction? Fiction, after all, has to make sense. ~ Mark Twain

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  29. #67
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    My point wasit was said that it was TH's lawyer who pushed for the latest date possible, although I do not know how we could know that. And i did not think it could happen that way.

    Also, back when it was set for Jan. and Staton had mentioned he might name a suspect in Feb. lots of people thought he was waiting until after the divorce. Then when it was changed, some thought it was so that LE could go first. I'm just saying I think they are unrelated. LE does what LE has to do, can't wait for divorce court.
    Just my opinion, of course.

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  31. #68
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    Looks like they updated the story last night. I think they added the amount of time set aside for the hearing or if it was on the previous story, I didn't see it. WOW..9 hours! I guess it will be more than one day then, right?

    http://www.oregonlive.com/news/index...n_pending.html

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  33. #69
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    Quote Originally Posted by loves2bmom View Post
    Looks like they updated the story last night. I think they added the amount of time set aside for the hearing or if it was on the previous story, I didn't see it. WOW..9 hours! I guess it will be more than one day then, right?

    http://www.oregonlive.com/news/index...n_pending.html
    I may have to start using Twitter just for that day or days! wow, 9 hours!!!! Can it be March already?

    Also, I don't think it matters who wanted the latest date, obviously both attorneys agreed to it. That is what is important. If Rackner had a serious problem with the date, she wouldn't have agreed to it. Same for Bunch (and I'm sure Houze, though he's not her divorce attorney, but if he had concerns, he would have shared them with Bunch). And it does give more time to LE, but that is a side benefit. This date wasn't agreed upon specifically to give LE more time. LE just got lucky here. So now all we can do is wait, unfortunately, and either hope something happens in March, or beforehand if LE decides to do something or Kyron is found.

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  35. #70
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    Judge: Horman divorce case postponed

    http://www.katu.com/news/local/113144919.html
    Presiding Judge Keith Meisenheimer tells us both Kaine and Terry have agreed to continue the abatement for another three months.

    ...

    Meisenheimer's retirement went into effect Dec. 31, 2010. We do not yet know what judge is taking over the case. However, we are being told Meisenheimer will be brought in as a "senior judge" for the Horman divorce case.

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  37. #71
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    Quote Originally Posted by ladonna View Post
    Judge: Horman divorce case postponed

    http://www.katu.com/news/local/113144919.html
    Presiding Judge Keith Meisenheimer tells us both Kaine and Terry have agreed to continue the abatement for another three months.

    ...

    Meisenheimer's retirement went into effect Dec. 31, 2010. We do not yet know what judge is taking over the case. However, we are being told Meisenheimer will be brought in as a "senior judge" for the Horman divorce case.
    Thanks Ladonna! I read this last night too and can't for the life of me figure out what they are talking about. Will Meisenheimer be a co-judge with the new one? Or is he going to come out of retirement just for the Horman case and preside over it by himself? Or maybe just on the sidelines to give advice? I'm so confused by yet ANOTHER poorly written article.

  38. #72
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    Quote Originally Posted by loves2bmom View Post
    Thanks Ladonna! I read this last night too and can't for the life of me figure out what they are talking about. Will Meisenheimer be a co-judge with the new one? Or is he going to come out of retirement just for the Horman case and preside over it by himself? Or maybe just on the sidelines to give advice? I'm so confused by yet ANOTHER poorly written article.
    In this state, a judge brought in as a "senior judge" is usually a judge in retirement who is sitting on the bench for one specific trial.

    They act in every way as a regular judge except they are not taking the bench for any other trial.

    Occasionally, there will be a senior judge appointed for a specific period of time or for a number of specific cases, if there's a backlog in one particular court (say, due to the prolonged illness of a judge).

    They tend to get a bit more respect than regular judges because they've had so much time on the bench.

    Different states vary, so the term "senior judge" may mean something quite different in Oregon.

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  40. #73
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    Quote Originally Posted by grandmaj View Post
    The Hearing date now set is March 31, 2011. So that is just shy of 3 months from the postponement date.
    I couldn't remember which day in March, but I see it is a month away...

  41. #74
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    Quote Originally Posted by LMax View Post
    I couldn't remember which day in March, but I see it is a month away...
    OMG, I saw this thread lit up and thought, TELL ME it wasn't postponed AGAIN!!!!

    Thankfully, it's not! It's at the end of next month, which starts tomorrow!

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  43. #75
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    Hello,

    I saw this morning that this thread was "bolded" so I decided to read up. I forgot that the "Divorce Hearing" is scheduled for the end of March. I hope the Divorce Hearing does NOT get postponed again !

    My opinion...

    I believe that there HAS to be some sort of "connection" between Kyron missing and the divorce between KH and TH ... but I doubt if we will learn anything "new" regarding Kyron if the Hearing goes forward at the end of March.

    Kaine did not waste much time filing for divorce after Kyron went missing when LE informed him of the MFH plot. There have been "hints" that there were problems such as TH drinking ... and we recently heard Desiree speak about Terrie's e-mails --blaming Kyron for problems ...

    I wonder: would Kaine have filed for divorce if he thought Terrie was innocent ? Obviously, her own husband believes she IS involved otherwise, I think he would have supported her, since they have a young child together.

    TH IS guilty of something involving Kyron, whether it be "kidnapping" Kyron from his school, "handing him off", or she "got rid of him" ...

    I just do not think we will be told any "news" about the divorce hearing, even if it pertains to Kyron...

    But I do wish I could be a "fly on the wall" during the court testimony !

    May you be found soon, Kyron.

    Many Prayers for Kyron, Desiree, Tony, Kaine and Family...


    Hope

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