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

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Shadowboy said:
Full abatement doc:
http://images.bimedia.net/documents/abate.pdf
Click to expand...

I'm not a lawyer, and I know that it's easy to be swayed by one side of the argument, but that's a pretty persuasive request for abatement (and I reeeeallly want Desiree's lawsuit to go forward). Especially on page 22-23, where it says that Desiree can't hope to get money out of Terri so this civil suit is basically just a tactic to move the criminal investigation forward. Without a strong precedent it seems like it's just going to come down to this judge's wisdom.

Also interesting that it says the grand jury continues to meet (on page 2 although later in the document it doesn't seem to be so sure about that) and that at a recent court hearing Kaine "stated that the police 'have more information now that would lead them to believe'" Terri is responsible for Kyron's disappearance (not sure if we've heard that before).
 
I have to ask this question again: How is TH paying for this attorney? Look at this doc and all the trial references that he is using for his argument. That takes time! The average cost for an attorney in the Eugene area of Oregon is $200 per hour. I had a quote for a family law attorney in Salem of $225 an hour. And these were not high profile attorneys.

A lot of research went into that doc. I really want to know where the money is coming from. I can't remember, was it ever determined that this case is pro bono?
 
Another topic of thought when reading this doc is that I understand a bit more as to why LE wouldn't want to name a POI in a case. By naming a POI, it can hurt the chances of a civil case being filed. See page 23 in the doc. It is in Desiree's favor that TH hasn't been named a POI, though Bunch has an argument to cover that base as well.
 
Disclaimer: I haven't read this whole thread yet, but am working on it!

But, can she actually keep her son from testifying? He should be or will be 18 soon!
 
Kimster said:
I have to ask this question again: How is TH paying for this attorney? Look at this doc and all the trial references that he is using for his argument. That takes time! The average cost for an attorney in the Eugene area of Oregon is $200 per hour. I had a quote for a family law attorney in Salem of $225 an hour. And these were not high profile attorneys.

A lot of research went into that doc. I really want to know where the money is coming from. I can't remember, was it ever determined that this case is pro bono?
Click to expand...

Early on in the case, there was mention of TMH having retained a high-profile criminal defense attorney Steven Houze with her legal fees estimated to be in the neighborhood of $350K. That was prior to TMH needing a divorce attorney. I don't recall anything about Houze representing TMH pro bono. :moo:
 
I was reviewing DY’s civil suit and this caught my eye:
“In the days and weeks following Jun 4, 2010, Terri Horman feigned ignorance … and lied to investigating authorities and to the media regarding her activities on June 4, 2010.”

This lying is the basis for half of the 10-million request for damages. In putting this together with DY’s lawyer’s comments, KH’s comments, and Bunch’s reply regarding: getting at texts and messages which the criminal investigation has, for whatever reason, been unable to successfully attain … I have a couple of questions:

1. When did Terri talk (and allegedly lie) to “the media” about her schedule that day? I can’t recall any reporting that quotes Terri about anything … other than her “thumbs up” after Kaine moved out.

2. What would be the nature of texts and messages available to civil discovery … but not to criminal search warrants? Could this include reporter’s notes?

Anyhooo … seems to me the civil suit is really about “proof of the lying,” and, as Bunch states in the abatement doc, adding another link in the circumstantial chain of evidence.
 
Doodles said:
CNN Report:

Missing Oregon child Kyron Horman breaks new legal ground

http://ireport.cnn.com/docs/DOC-823006?ref=feeds/latest
Click to expand...

Your sig line is very appropriate for this story. I am glad Desiree has a law that will help her with this lawsuit. I am, however, a little put out by the lie that was repeated in the CNN story about the "Mormon abduction" and "shunning" set forth by "Mormon Officials." As a lifelong Mormon myself, these lies really hurt. First, there is no such thing as a "Mormon abduction." We believe children need access to both parents and the church would never, ever, assist with breaking a custody ruling. Second, there is no such thing as "shunning" in the Mormon church. We simply don't do that. Perhaps his wife refused to communicate with him for her own personal reasons, but that has nothing to do with the Mormon church.
 
I always assumed it was a separate, local sect of the Morman Church that did not necessarily follow the teachings of the main Morman Church.
 
Doodles said:
I always assumed it was a separate, local sect of the Morman Church that did not necessarily follow the teachings of the main Morman Church.
Click to expand...

There are a few break-off sects, typically re-named or called FLDS. They are not under the mainstream church in any way, shape, or form. I am not aware of any in Oregon. For the most part they are in Southern Utah, Arizona, and now Texas. Personally, I think the guy who wrote the article (about himself) is a publicity hound and a nut. He keeps repeating the same lie over and over, and I think he believes it to be the truth, but that doesn't make it so.
 
Young's attorney, Elden Rosenthal, said in a Thursday filing that there's no Oregon precedent for deciding whether to delay a civil case while a criminal one plays out and notes that Horman has not been indicted.

"The big picture here is this: Kyron Horman has been missing for 26 months," the filing asserts. "Despite a monumental investigative effort by the Multnomah County Sheriff's Office, Terri Horman has not been indicted.

"The trail is getting cold. A stay of these civil proceedings would work a hardship, inequity and injustice upon the plaintiff, the public and the court."

http://www.katu.com/news/local/Kyron-Horman-Desiree-Young-motion-164785476.html
Click to expand...

Is this a shot in the dark, or does this civil filing have a chance of going forward? It seems most legal decisions now days seem to favor a defendant's rights. Without precedents, this is going to be a long and arduous process. Poor Desiree.
 
Kimster said:
Am reading the doc now and had to stop and note that they said the Grand Jury continues to meet. :cheer:
Click to expand...


BBM:

:woohoo: I am so glad to hear this ! :woohoo:

I continue to hope and pray that "something" / "anything" will lead to the TRUTH and Justice for Kyron !




:please:
 
http://images.bimedia.net/documents/Motion+to+Abate+-+Response+and+Decl+8-2-12.pdf

Not a lawyer but what I got out of it was,

Desiree's attorneys think that the cases cited by Terri Horman's motions are mostly irrelevant because they're either
a) not from Oregon which apparently is somewhat different from most other jurisdictions in that they do not allow civil court to draw negative inferences if the defendant in a civil case chooses to remain silent
b) cases in which there was a simultaneous criminal case going on, unlike here
c) cases in which the court eventually decided that they wouldn't grant an abatement so whatever reasons the defendant had to ask for one were insufficient.

They also argue that Terri's fifth amendment rights are not threatened because she can choose to remain silent here yet call witnesses on her behalf and defend herself that way.

They also discuss the disadvantages of abating the case and the difficulties it presents (witnesses dying, forgetting, evidence disappearing, statutes of limitations running out etc.)
Apparently Terri's son is planning to enroll in the military so they're worried about his not being available in the future etc.

They also suggest that the decision to abate the divorce proceedings is irrelevant here because DY is not a party in the divorce and both Terri and Kaine have ulterior motives making them happy with the abatement. For Terri it's pretty obvious, and Kaine would be happy with the abatement because there are no support obligations and the longer he retains custody of their daughter the more likely he is to keep it in the long term.
 
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