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gliving said:
Dear Attorneys,

Thanks so much for your imput!

My question is: if Mr. Houze is convinced he can prove Terri is innocent, could he delay making her pay his fees until she is free to make her book deals etc?
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It sounds like she already paid him, so this is kind of a moot question. But in AZ and in many other states (not sure about Oregon), an attorney cannot take a criminal case "on contingency" (where you get paid only if you win)--if that's what you meant.
 
AZlawyer said:
It sounds like she already paid him, so this is kind of a moot question. But in AZ and in many other states (not sure about Oregon), an attorney cannot take a criminal case "on contingency" (where you get paid only if you win)--if that's what you meant.
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AZ Lawyer this OT but I just wanted to tell you Thank You so much for helping out with all your advice. We are very lucky to have you.
 
Hello WS lawyers!

I have a question. Okay a few. ;)

1) There is a matter before the GJ. Is it likely the Murder-for-Hire? Is it the RO hush violation? Is it the Disappearing of Kyron? or... is it all 3.

2) Must they do first things first? If the prosecutor finds the Murder-for-Hire allegation is part of his Kyron disappearring circumstantial case ... must the Murder-for-Hire trial happen first? Could it be excluded from the Kyron Disappearing trial? If the MFH trial resulted in a not-guilty - would the MFH information be excluded or anything from the Kyron trial?

3) Would they arrest on MFH and try that case hoping to get a conviction and therefore wait to arrest on the Kyron disappearing ... given speedy trial rules? Would they want that MFH conviction done first?

4) Is the Divorce RO violation thing likely a separate issue from these two criminal things?

5) Do you have any idea what I'm asking, because now I'm not sure I do. LOL

6) The MFH and Kyron investigations must share lots of evidence. Is that a problem or a challenge?

7) What is the likely strategy here?

Thank you for your thoughts!
 
With regard to the Grand Jury that was convened.

1. Would the GJ be for indictment or strictly as a method of getting sworn testimony from an unwilling witness.

2. Would the District Attorney legally be able to tell the parents if they weren't subpoenaed. My understanding has always been that secrecy meant beginning to end?

Thanks a bunch.
 
If anyone could further explain the "abatement" that was filed in Terri's behalf concerning thye divorce proceedings...

This is something I have never heard of so don't know the first thing about what this means and what will happen as a result of IF a judge ruling in favor of such...

So any simplified version would be more than appreciated...

TIA...
 
if the abatement (?) is granted, how long could the matters be put on hold??
 
AZ (and other lawyers): thanks!
Do you see any indication that LE has more on DeDe than a cell phone call record and a witness who says she left the work site?
 
Emma Peel said:
Hello WS lawyers!

I have a question. Okay a few. ;)

1) There is a matter before the GJ. Is it likely the Murder-for-Hire? Is it the RO hush violation? Is it the Disappearing of Kyron? or... is it all 3.

2) Must they do first things first? If the prosecutor finds the Murder-for-Hire allegation is part of his Kyron disappearring circumstantial case ... must the Murder-for-Hire trial happen first? Could it be excluded from the Kyron Disappearing trial? If the MFH trial resulted in a not-guilty - would the MFH information be excluded or anything from the Kyron trial?

3) Would they arrest on MFH and try that case hoping to get a conviction and therefore wait to arrest on the Kyron disappearing ... given speedy trial rules? Would they want that MFH conviction done first?

4) Is the Divorce RO violation thing likely a separate issue from these two criminal things?

5) Do you have any idea what I'm asking, because now I'm not sure I do. LOL

6) The MFH and Kyron investigations must share lots of evidence. Is that a problem or a challenge?

7) What is the likely strategy here?

Thank you for your thoughts!
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1) No way to tell, except it wouldn't be for the RO violation.

2) a) There is no requirement that either trial happen before the other one.
b) I am sure any decent defense attorney would attempt to exclude the MFH allegations from any trial regarding Kyron's disappearance. Without more information about what is eventually alleged to have happened to Kyron, it's tough to say whether that evidence will come in or not.
c) If the MFH trial occurred first and resulted in a not-guilty verdict, the individual items of evidence used at that trial might still come in at a trial regarding Kyron's disappearance. The not-guilty verdict would not automatically exclude the evidence.

3) It would completely depend on how much evidence they have re: what happened to Kyron. (I'm sorry that so many of these questions can't really be answered without more info!)

4) Yes, the RO violation is not really any big deal quite honestly--it's the sort of thing that happens all the time.

5) Ha I hope so :)

6) I'm sure the 2 investigations are pretty intertwined at the moment. That shouldn't be a problem as long as they have the same team of investigators working on both cases.

7) I think the strategy for now is (a) find out WTH happened to Kyron, (b) try to pressure TH into telling the truth. Strategy (b) may involve an arrest on the MFH plot, but hopefully they have more evidence than the landscaper's say-so.
 
grandmaj said:
With regard to the Grand Jury that was convened.

1. Would the GJ be for indictment or strictly as a method of getting sworn testimony from an unwilling witness.

2. Would the District Attorney legally be able to tell the parents if they weren't subpoenaed. My understanding has always been that secrecy meant beginning to end?

Thanks a bunch.
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I don't see why they would need a GJ to get DDS to talk. LE should be able to get a subpoena without convening a GJ. I think they are seeking an indictment against...um....someone for...um...something. :waitasec:

They could tell the parents that there was a GJ convened, but not what was said by anyone. This would be true whether or not the parents were subpoenaed.
 
SmoothOperator said:
If anyone could further explain the "abatement" that was filed in Terri's behalf concerning thye divorce proceedings...

This is something I have never heard of so don't know the first thing about what this means and what will happen as a result of IF a judge ruling in favor of such...

So any simplified version would be more than appreciated...

TIA...
Click to expand...

Spookytube said:
if the abatement (?) is granted, how long could the matters be put on hold??
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I think the abatement request was a smart idea on the part of TH's divorce lawyer. It would mean that TH and KH would be divorced, but all the related issues about custody, etc., would be put on hold while the criminal issues are being resolved. This "on hold" time could go on for as long as the judge thinks it's appropriate. The only question is whether TH really has any criminal issues to resolve. :waitasec:
 
xin said:
AZ (and other lawyers): thanks!
Do you see any indication that LE has more on DeDe than a cell phone call record and a witness who says she left the work site?
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Not really. But this sheriff's department seems to be pretty good at not telling what evidence they have.
 
AZlawyer said:
The request for an order to show cause was made "ex parte" (without the involvement of TH or her lawyer) and signed by the judge immediately. I would assume that someone at KH's attorney's office noticed that the judge failed to fill in a hearing time and that the date and time has since been filled in. Normally OSC hearings are set pretty quickly, so there should be a hearing on whether or not TH has to disclose the source of the funds within the next week or two.
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Does that mean there will be more than one hearing? The first where she answers the OSC, and then where she actually discloses the source of her funds? Isn't that what happened with the OSC in the contempt charge? The attorneys met with the judge on the date in the order and then a hearing was scheduled for September 21, IIRC.

Just trying to understand the process.
 
Two questions:

The local press reported that Dede's condo was searched by two men that a neighbor thought were wearing FBI jackets. Is there any significance to the fact that the search was carried out by FBI rather than local LE.

What sort of case would LE enforcement have needed to make to a judge in order to get a search warrant?
 
Is it legal for LE to share Terri's texting and emails to Kaine's divorce atty? Why would law enforcement get involved in a civil matter, ie, divorce?
 
palladore said:
Two questions:

The local press reported that Dede's condo was searched by two men that a neighbor thought were wearing FBI jackets. Is there any significance to the fact that the search was carried out by FBI rather than local LE.

What sort of case would LE enforcement have needed to make to a judge in order to get a search warrant?
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Typically, the FBI would only be involved if it related to a suspected violation of federal law or if it related to a missing person under 12 years of age.

Police must demonstrate to a judge that probable cause exists to believe that the thing being sought will be found in the place to be searched. "Probable cause" is a relatively low burden of proof but still requires a showing of some credible testimony or facts.
 
Can someone plead the fifth in front of the Grand Jury?
Are lawyers allowed to attend the Grand Jury hearing?
Can someone receive immunity before testimony in a Grand Jury hearing?
 
Taking off from PattyG's questions:

Does a person have to be on the stand in front of the Grand Jury before they plead the fifth?
 
Calliope said:
Does that mean there will be more than one hearing? The first where she answers the OSC, and then where she actually discloses the source of her funds? Isn't that what happened with the OSC in the contempt charge? The attorneys met with the judge on the date in the order and then a hearing was scheduled for September 21, IIRC.

Just trying to understand the process.
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Probably there will be 2 hearings, yes, unless the motion to abate is granted, in which case there will be zero hearings on this issue for now. :)
 
palladore said:
Two questions:

The local press reported that Dede's condo was searched by two men that a neighbor thought were wearing FBI jackets. Is there any significance to the fact that the search was carried out by FBI rather than local LE.

What sort of case would LE enforcement have needed to make to a judge in order to get a search warrant?
Click to expand...

I really don't know the significance of the FBI doing the search vs. LE.

To get a search warrant, LE would have to explain what they thought DeDe had in her condo and why they thought that.
 
ladonna said:
Is it legal for LE to share Terri's texting and emails to Kaine's divorce atty? Why would law enforcement get involved in a civil matter, ie, divorce?
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It is not illegal for them to share the information. However, I doubt they did it to "get involved in the divorce"--I'm sure they shared the information in connection with the criminal investigation.
 
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