2010.06.28 - Kyron's Dad files for divorce and restraining order

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I can't get past the notion, that by arguing as they have, they are admitting that if TH opens her mouth, the guilt would come flowing out. Have I simplified it too much? I just can't see how a not-guilty person could possibly end up in this situation.
 
darlin gal said:
I can think of several supervised visitations that resulted in the child being kidnapped. I am not saying that it would happen here, just that supervised visitation varies on level of safety, depending on the jurisdiction and how they are managed.
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I agree, which is why I specified the particular circumstances my husband had to allow visitation by his ex and then said "Visitation under such circumstances would seem extremely safe to me and not violate anyone's rights."

Under those circumstances, a non-custodial parent would have to fool or overcome a social worker and get through the airlock entrance/exit which was controlled by armed guards.

At the time, my husband's lawyer assured him that they had never had a problem with custody issues in that facility. This was of particular concern to my husband, since his ex had basically abducted their son for six months and allowed her second husband to horribly abuse him.

And indeed, when she made her last attempt to abduct him, she did not try to do so from the supervised visitation facility. She showed up at my husband's residence (which was a violation of her RO and conditions of parole) and tried to talk my husband into "just letting" her take their son to MacDonalds as a treat.

My husband adamantly refused and threatened to call the police.

He had a hunch that she was trying to abduct him and in fact, she disappeared some time in the next few days and has never been seen again, at least by her family. My husband suspects she was pregnant again and was fearful of losing custody of that baby as well.

A long digression but it reminded me of the whole situation.

Another digression: her family has hired PIs several times over the 30 years since she was last seen to no avail.
 
So when we find out the result of the second hearing, is that going to be posted here?
 
Info from our wonderful attorneys:

gitana1 said:
Hi guys! I've been in court myself this morning and so I've had limited time and have not read through all the thread, but here's the deal from what I have seen thus far:
LE is under no obligation to reveal to anyone info they have accumulated during an on-going criminal investigation. But they can give that information to whomever they want.
Does that create an unfair advantage to Kaine in this case?
Well, as I have said repeatedly, Kaine would have had to (and still would have to) produce actual evidence and/or non-hearsay testimony in support of his allegations, in order to prevail in an RO request, (unless TH failed to contest it, which she did), and/or in connection with any custody case in which he is using those allegations to be awarded custody or bar TH from any visitation. So essentially, there is no real prejudice to TH as a result of one-handed info from LE to KH. he has to be able to either put up or shut up.
However, if I was TH's attorney, I would argue the way he is arguing because even though KH legally has to produce actual evidence, if she contests the allegations in any context, her attorneys know that the judge may be influenced by the unsupported allegations.

I'd like to comment about a couple of other things I have seen.
First, this is not a custody or visitation hearing. TH is not asking for that today. But very interestingly to me, her attorney is now saying that if he is granted the abatement, he will seek a modification of the RO as to custody/visitation. So it looks like he is going to treat the disso and RO separately and go for some rights to visitation through the RO. This will be very, very interesting to watch if that's what happens. Because this is when TH will be forced to address allegations and KH will be forced to provide evidence supporting his allegations, if pressed by TH.

TH has never expressed that she does not want her child and her failure to contest the RO or otherwise fight for custody does not show that, IMO. What is does show is that she is more afraid of criminal implications than she is afraid of being separated from her daughter, and that is significant.
Now, her attorney has indicated she may try for visitation somehow, in the future, but the same obstacles remain - so will she actually go for visitation rights now? Nothing has changed. She will still have to address the allegations in some way - either by testifying, objecting to hearsay or simply staying off the stand but forcing KH to prove his case, and arguing against what he tries to present. And why hasn't she tried to do any of this before? Why no attempt to modify up to now, or to even address only custody in the RO previously?
Those are the interesting questions to me. And what happens next will be very telling, IMO. We may all stand to learn a lot.
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desquire said:
No, the judge has to rule on the facts presented. So you can be pretty confident that he has no inside information from LE regarding the Kyron investigation or the MFH. When he referred to the MFH, he was referring to the fact as stated by Kaine and not (yet) rebutted by Terri, therefore it's a fact he must deem it to be true. That's completely different froman official confirmation that the statement is, in fact, true.
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Aedrys said:
So when we find out the result of the second hearing, is that going to be posted here?
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Things kind of got askew. Some mods were gone and others at work. The other thread should have closed before.

We try to keep hearing information on one thread away from prior "waiting" posts. This is so those who are coming in later don't have to wade through tons of speculation posts when they want information instead.

If there is more information coming out of hearings today, it will be discussed on this thread.

If there are posts from the waiting room thread that you'd like moved over here, alert the posts and I'll move them for you. :blowkiss:


ETA: I moved the last few posts over already.
 
Horman Divorce Case Delayed Until 2011

Attorney Peter Bunch said Terri Horman is no doubt the focus of the criminal investigation into Kyron&#8217;s disappearance. He said any testimony or questions about finances that will come up during the divorce proceedings may be used against her by investigators.<snipped>
 
BeanE said:
What happened to the $350,000?
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:36 p.m.: Terri Horman lawyers filed court documents that say the $350K she supposedly used to hire her attorneys is inaccurate, and that whatever money they have been paid came from a third party and is therefore not a marital asset. But they did not reveal the identity of third party.


Does this mean the judge ruled on this already?
 
Does anyone know if it was mentioned which attorney subpoenaed Michael Cook?
 
Isn't the 350 K what the 2nd hearing is about? The one coming up now? I dunno, am also wondering.
 
"The highest interest in this whole proceeding is to try to find the child alive," Meisenheimer said.

http://www.oregonlive.com/portland/index.ssf/2010/10/judge_delays_terri_and_kaine_h.html


kyron_horman04_540x405_370x278.jpg


:blowkiss:
 
So was the 350,000 argument postponed too? I am confused.
 
I'm puzzled. If Terri's parents mortgaged their house and loaned the money, why don't they just stipulate to that in court?

End of story.

Misunderstanding cleared up.

Innocent explanation.

And maybe they will yet today.

But, if the mystery remains, I'm going to wonder why the simplest thing to do...wasn't done.

Did Terri have sources of income whose disclosure would further implicate her in criminal activity?

It seems to me a simple matter to clear up.

Why not do it?
 
After a brief recess, Kaine Horman's attorney - Laura Rackner - argued that the divorce should proceed without abatement.

"If this case goes to trial now, a year from now, or two years from now it will get just as much publicity," said Rackner.

She went on to say that the reason for the publicity has nothing to do with Kaine Horman, but that it was brought on by Terri.<snipped>

http://www.koinlocal6.com/mostpopul...bated-until-Jan-6/GonG6-VnTkmaYBikdxxq7Q.cspx
 
Aedrys said:
So was the 350,000 argument postponed too? I am confused.
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I'm confused too. Perhaps since the divorce has been abated for a short period, that issue is postponed as well. Maybe it will be looked at when the divorce case continues.

ETA: I just looked on OJIN, and the suit money motion is still on the docket for 2 pm. So, I just don't know what is going on!
 
http://www.oregonlive.com/portland/index.ssf/2010/10/judge_delays_terri_and_kaine_h.html

Bunch contends Kaine Horman's interest in seeking the source of Terri Horman's attorney fees is to interfere with his estranged wife's attorney-client relationship with Houze and to "aid police in their investigations."


Okay now, if this money came from TH's parents how in the heck would that aid police in their investigations? Now I'm really wondering where it came from.
 
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