Is the fact that Terri hasn't been arrested indicative of lack of evidence?

[Curious Me]

Something I've wondered about is how LE determines if a person is at risk to do some other wild thing while out free to do so.

What if TMH killed herself right now? Would LE have enough to conclude anything as to Kyron's whereabouts or what happened?

I think they are very sure of what they do have, but further evidence is needed - finding Kyron would be crucial.

LE must know TMH is just not the type to commit suicide, but there's been an instance of that before. She has information and it's important information. I hope this search is making her squirm and be uncomfortable, at the very least.

 

[cluciano63]

Something I've wondered about is how LE determines if a person is at risk to do some other wild thing while out free to do so.

What if TMH killed herself right now? Would LE have enough to conclude anything as to Kyron's whereabouts or what happened?

I think they are very sure of what they do have, but further evidence is needed - finding Kyron would be crucial.

LE must know TMH is just not the type to commit suicide, but there's been an instance of that before. She has information and it's important information. I hope this search is making her squirm and be uncomfortable, at the very least.

That is a good point, they can't know for sure. While most would say she is not the type, there isn't really a type to commit suicide. Who knows what might happen if this goes on and on and on...whether guilty or innocent, I could see mental health deteriorating as a great possibility...it would be dreadful if she knows where Kyron is and never tells...

 

[Donjeta]

JMO but I don't think that there is such a thing as a person who couldn't be at risk of suicide if backed into a bad enough corner. Some are just more at risk than others. Allegedly she has previously suffered from depression and has had addictive behavior which are risk factors.

 

[JBean]

The risk of re offending is minimal if a subject is under some sort of surveillance.

 

[Curious Me]

I guess I brought it up because I was thinking about how hard it must be for DY to not want the information she thinks TMH has pertaining to Kyron's disappearance. Everyday DY has to believe the answer to where Kyron is lies with TMH, and it must be torture. It'd be ironic if TMH did end her own life as a final revenge on the parents and there was no one else involved.

 

[Dee10]

http://www.kgw.com/news/local/Kaine-Horman-Please-be-patient-about-Kyron-case-104245979.html

Kaine said:

“I know people want an arrest. I know they want this thing to move along but what people need to remember is that the minute there is an arrest, the minute there are charges, the clock starts ticking and no one can afford to make a mistake."

 

[Billylee]

That is a good point, they can't know for sure. While most would say she is not the type, there isn't really a type to commit suicide. Who knows what might happen if this goes on and on and on...whether guilty or innocent, I could see mental health deteriorating as a great possibility...it would be dreadful if she knows where Kyron is and never tells...

And it would be even more dreadful if she has no idea where Kyron is because she wasn't involved, but wasn't strong enough to take the persecution she's under. If that were to turn out to be the case, talk about tragedy, this could have written by Shakespeare himself.

 

[pufnstuf]

And it would be even more dreadful if she has no idea where Kyron is because she wasn't involved, but wasn't strong enough to take the persecution she's under. If that were to turn out to be the case, talk about tragedy, this could have written by Shakespeare himself.

If she weren't involved, she would have been more forthcoming with the truth in piecing together what happened to Kyron. She wouldn't have lied about where she was on that Friday. She would have fought to maintain custody of her daughter. She's had plenty of opportunities to tell what she knows. But she hasn't told.

Strike that... she hasn't told investigators the truth. She's emailed friends (who betrayed her by sending her emails to the media). She's sexted MC. She's ranted about the polygraphs. But telling the truth, she hasn't.

This isn't a case of a woman being bullied by accusers--quite the opposite. She's got no restraints on her and she's free to run around Roseburg as she pleases--unless her own lawyer has told her not to.

This is a case of a woman harming an innocent child, refusing to assist investigators by giving them the truth about what happened to Kyron, and somehow managing to have a fan club come together in the meanwhile.

Shakespearean? Epically.

All my opinion.

 

[Billylee]

I reiterate:

And it would be even more dreadful if she has no idea where Kyron is because she wasn't involved,

 

[pufnstuf]

I reiterate:

And it would be even more dreadful if she has no idea where Kyron is because she wasn't involved,

Nothing points to anyone but Terri.

 

[GrainneDhu]

This question was asked on another thread, and, at mods' advice, I'm starting a thread to discuss this.

So the question is: is the fact that Terri has not been charged with Kyron's disappearance indicative of the investigators having insufficient evidence to charge her?

No way to know.

There's a big difference between probable cause, which is the standard for an arrest, and proving a case beyond a reasonable doubt, which is the standard that must be met in court.

Not only do prosecutors have to prove their case beyond a reasonable doubt, they can only count on getting one opportunity to do so.

We, the general public, does not know what the police have or do not have. Without that information, there is no way to accurately evaluate the question.

 

[GrainneDhu]

Well LE keeps saying they have no evidence he's not alive, so it can't be murder.

I appreciate the logic but keep in mind that LE is allowed to lie to people in order to investigate.

 

[pittsburghgirl]

The evidence that he is not alive would be: the discovery of remians, the discovery of other evidence, like clothing Kyron was known to be wearing, the discovery of a crime scene (e.g., vehicle, site where a body was dumped, discovery of Kyron's DNA), the discovery of a murder weapon or criminal paraphernailia (e.g., rope, containers, duct tape). They are saying right now they don't have this stuff, nothing to prove he isn't alive. That the evidence they are looking for right now. What they have right now is a circumstantial case and perhaps witnesses who can testify to motive and opportunity. (timeline). But without a body, a crime scene, or some other indication that Kyron is dead--there is no evidence that he isn't alive. Just a boat load of suspicion. That doesn't mean "it can't be murder"; it means the prosecutor can't yet prove murder.

 

[Aedrys]

Absolutely. If LE had enough evidence to arrest TH, and to convict her, she'd have been arrested already......NO ARREST EQUALS NOT ENOUGH EVIDENCE, IMO.

Not true. It's only been four months! That is SUCH a short period of time in an investigation. Real life investigations are not like television where everything is solved in an hour. This investigation could take YEARS. And if they did arrest her quickly, but she got off on a technicality or something wasn't investigated enough, then LE would get heat for arresting her too quickly. I'd rather they quietly build a solid case against her. She's got a great lawyer on retainer. They have to be sure that there's nothing he can poke holes in or tear them up for. Again, real investigations take TIME. This may not be solved very quickly, but that doesn't mean it's never going to be solved, or the case will never go to court. We just have to be patient no matter how much we don't want to in today's immediate, got it have it now, world.

 

[passionflower]

I am wondering if Kaine knows more than we think because of his patience statement.
IMO, Kaine wants i's dotted and t's crossed.
Even if it is on the MFH..........on him.

LE and task force trying so hard..........they will get their perps!

 

[32beatspersecond]

I am wondering if Kaine knows more than we think because of his patience statement.
IMO, Kaine wants i's dotted and t's crossed.
Even if it is on the MFH..........on him.

LE and task force trying so hard..........they will get their perps!

I could totally envision tony and kaine having info and possibly keeping desiree out of the loop for her own sanity til the time is right. I don't know if thats the situation but if the faacts are anywhere near to what we are all expecting and she is in denial it would be a shock to her system and noone really knows her health status, etc.

 

[cluciano63]

We've seen in many cases where a "suspect" is arrested and charged with unrelated crimes only to be followed later on with "the" crime in question...I think if they could charge Terri with anything that would stick, they probably would do so. But right now, they can't.

 

[pittsburghgirl]

LE might well prefer the suspect to be out and about, as they have indicated they believet their is no threat to the public from whoever took Kyron. A suspect needs to sit in jail if he or she endangers the public. Otherwise, the suspect may provide more for LE to work with if he or she is out of jail and has plenty of metaphoric rope for metaphoric self-hanging.

 

[cluciano63]

LE might well prefer the suspect to be out and about, as they have indicated they believet their is no threat to the public from whoever took Kyron. A suspect needs to sit in jail if he or she endangers the public. Otherwise, the suspect may provide more for LE to work with if he or she is out of jail and has plenty of metaphoric rope for metaphoric self-hanging.

That may well be true, but I was thinking more along the line of the MFH plot...I don't think it would be right to leave her "out there" if there was a real threat to Kaine's life. If LE does not know who her possible accomplices could have been on 6/4 then they may also not know anyone else she was talking to about the MFH, and theoretically at least, it could still be "on." So I am thinking that proving that plot is kind of a bust and I also think they can't prove she left with Kyron on 6/4. That, to me at least, is the biggest thing they need-and it may be hard to overcome if they don't get that piece of evidence.

 

[SacreBleu]

That may well be true, but I was thinking more along the line of the MFH plot...I don't think it would be right to leave her "out there" if there was a real threat to Kaine's life. If LE does not know who her possible accomplices could have been on 6/4 then they may also not know anyone else she was talking to about the MFH, and theoretically at least, it could still be "on."

In all honesty, I cannot, for the life of me, believe that anyone would go forward with such a plan at this stage of the game. I think the MFH is very much "off."

...and I also think they can't prove she left with Kyron on 6/4. That, to me at least, is the biggest thing they need-and it may be hard to overcome if they don't get that piece of evidence.

We don't know what they can or cannot prove. They very well may be able to prove that she left with Kyron. IMOHO, finding any remains would be the "nail in Terri's coffin", pardon the phrase. I do believe that LE will not rest until they get the perp(s).