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

[debs]

One of the reasons the abatement was granted for 90 days is that Kaine and Desiree have done a bangup job of getting their opinion of Terri's guilt into every media venue they could. By this action, it became impossible for Terri to move forward in a civil matter of divorce without an incredible bias placed on her case.

I suppose if it had always been about Kyron, Kaine could have been getting his divorce right now.

Next up, revising things so that Terri can finally see her daughter.

We can't prove who took Kaine's child, but we can see clearly who took Terri's.

 

[nursebeeme]

Which gets us right back to the core issue: KH and DY have repeatedly said that TH is guilty. However, no one, either LE or the DA has yet provided proof for their allegations.

It's the herd of elephants in the room.

I am just catching up... but why on earth would LE have to prove the bio parents opinions/allegations they made in the media? LE has never named her a suspect. Not once.

 

[SacreBleu]

One of the reasons the abatement was granted for 90 days is that Kaine and Desiree have done a bangup job of getting their opinion of Terri's guilt into every media venue they could. By this action, it became impossible for Terri to move forward in a civil matter of divorce without an incredible bias placed on her case.

Civil case, no jury, just the judge.
So, you're saying the judge is incapable of making an unbiased decision?

 

[nursebeeme]

In a divorce, both parties are entitled to complete information about the other spouse's sources of income, assets and debts, how they paid their lawyers and whether they had or have access to other monies whether via gift, loan or payment by a third party of any kind of expenses. That information must come from subpoena or via discovery responses under oath. A statement from an attorney does not suffice.
Also, the info about these attorney's fees, in this case, is not only important as it pertains to whether the funds came from undisclosed assets that may be at least partially marital property, or whether they came from TH encumbering marital property, the first which KH would not be able to determine without valid discovery responses. It is also important as it may pertain to issues such as whether one party should pay the other's attorney's fees, and support issues. Bottom line is that KH is entitled to the information requested, via answers that are under oath.



If he was doing this pro bono, he would, IMO be furthering his client's position by admitting so. It would show that he feels strongly enough about TH's innocence that he agreed to waive the fee.



Right.



I know what you mean! But I did not mean to cause mystery. To me, this is clear: The family judge believes that LE has probable cause as KH alleged. I feel he believes TH is likely involved. The judge wants to balance not compromising the investigation, and possibly hindering the ability to find Kyron, or to find out what happened to him, as well as KH's struggle to use the civil process to get those answers, with the constitutional rights of TH who has not been named a suspect or POI by LE, who has not been arrested and for whom not one criminal charge is pending. What a balance.



KH's attorney does not have the burden of rebutting the statement.

bumping up and thank you!

 

[GrainneDhu]

IMO the goal is to keep her from answering civil questions that could impact her potential criminal charges. I understand that and a good defense attorney will keep her fromhaving to answering questions. This works both ways i should add. A good prosecutor would not want his complaining witness giving sworn testimony in a civil case before the criminal trial either, imo.

Well stated, JBean.

I also wonder if Bunch/Houze do not want either of TMH's parents put on the stand to answer questions about the money (assuming that is where she got the money, which seems like a fairly high probability chance to me), which could lead into other areas of questioning, which might lead to something that could be used to incriminate TMH should she ever be charged in a criminal case.

(am I in the running for longest run-on sentence?)

 

[debs]

Civil case, no jury, just the judge.
So, you're saying the judge is incapable of making an unbiased decision?

i'm saying the judge delayed the case, granted a 90 day abatement, "citing Terri Horman's Fifth Amendment right to avoid testifying in a manner that might implicate her in a crime."

That says nothing of what I believe the judge is capable of doing. Simply using his own decision yesterday to form my opinions

 

[passionflower]

Maybe now since TH thinks she WON step 1, she will get cocky and slip up.
KWIM?
Won meaning in HER EYES ONLY!!!

 

[RubyRed]

One of the reasons the abatement was granted for 90 days is that Kaine and Desiree have done a bangup job of getting their opinion of Terri's guilt into every media venue they could. By this action, it became impossible for Terri to move forward in a civil matter of divorce without an incredible bias placed on her case.

I suppose if it had always been about Kyron, Kaine could have been getting his divorce right now.

Next up, revising things so that Terri can finally see her daughter.

We can't prove who took Kaine's child, but we can see clearly who took Terri's.

bbm

Given everything Kaine has learned he had every right to take his daughter and stop the visitation with Terri. One child is already missing and heaven knows what happened to him. We don't need anything happening to Baby K.

 

[Adrienne37]

Terri definitely didn't win step 1. Her attorneys asked for 2 years, she only received 90 days, that is far from "winning." She has to petition the court for visitation of baby K and I can almost guarantee that the judge WILL NOT allow her any contact with the baby because it would be detrimental to her safety and well-being. Baby K is where she needs to be right now, with her father who loves her and will protect her. JMO.

 

[debs]

bbm

Given everything Kaine has learned he had every right to take his daughter and stop the visitation with Terri. One child is already missing and heaven knows what happened to him. We don't need anything happening to Baby K.

and that's another point. Terri's attorney has, I believe, reasonably asked to see what these things are that Kaine has received from LE in his civil case against Terri for divorce and keeping her from her child. They refuse on the grounds that it would interfere with an ongoing investigation.

This is another reason for the abatement. If it's ongoing, it should get going. But meanwhile, Terri's been denied her rights as a parent and has appeared in court to discuss that matter with the judge, and based on yesterday's decision, they will now move forward to get Terri time with K.

"I" don't have a dog in this fight, but I can guarantee that K is being deprived of the loving arms of her mother, given that no one has ever said Terri was an abusive parent. Not Kaine, not Desiree, not anyone who has ever met her. Basing that on Kaine's "opinion" that he "thinks" Terri did something to his son is not enough. It has never been, nor should it ever be, enough.

 

[nursebeeme]

I don't see a slippery slope. I see where Kaine believes he's owed something, and in fact, he is not. The law does not include a person's right to know information when it does not pertain to his case, which in this instance, is Kaine's divorce from Terri. The money wasn't hers, it's not his business.

read what professional poster/lawyer Gitana wrote about his right to know about the money. She says that legally he does have a right to know.

 

[stmarysmead]

One of the reasons the abatement was granted for 90 days is that Kaine and Desiree have done a bangup job of getting their opinion of Terri's guilt into every media venue they could. By this action, it became impossible for Terri to move forward in a civil matter of divorce without an incredible bias placed on her case.

I suppose if it had always been about Kyron, Kaine could have been getting his divorce right now.

Next up, revising things so that Terri can finally see her daughter.

We can't prove who took Kyron's child, but we can see clearly who took Terri's.

We don;'t know at this point if Terri Horman tried to hire someone to kill her husband. But we know this:

http://www.katu.com/news/104507829.html

1:45 p.m. Judge: “The court recognizes Mr. Horman finds himself in middle of any parent’s nightmare, any human’s worst nightmare, and that is true by just the fact than his son has disappeared, but to add to that worst nightmare is that police came to him in June and informed him they had probable cause, that in their view it was more likely than not that Ms. Horman was likely involved in Kyron’s disappearance and she had hired someone to kill him.”

Kaine did not conjure up out of malice the idea that his wife wanted him dead and that his wife probably was responsible for the disappearance of his son. LE came to him and informed him.


That's huge. That means it has always been about Kyron and about the safety of Baby K.

Speaking of the safety of Baby K....as long as the investigating entities think Terri is capable of trying to hire a hit-man, we cannot be sure she is mentally or morally stable enough to entrust with a little child.

I wonder how many of us would continue to use a babysitter in Terri's position...leave her alone with OUR beloved child? Have such confidence...

I would not. Sorry. I could not take that chance. So why would I demand that Kaine do so? He already has "lost" one child.

Isn't that asking a tremendous amount?

As long as the investigating entities think Terri is capable of "disappearing" a small boy who loved her, we cannot be certain she would not harm another child...even if it is her own. After all, she was with Kyron since birth, wasn't she?

The agencies investigating Kyron's disappearance told Kaine that they believed Terri was involved in two horrific events. Events only capable of undertaken by someone mentally and morally unfit to have custody of a helpless toddler.

The State, by granting the RO, took Terri's child from her. And until the authorities can guarantee the safety of that child in the presence of Terri Horman, Baby K and her safety MUST be the priority.

God forbid they take any chances with this child. I hope they do NOT put Terri's "rights" above Baby's K's rights if there is ANY question that Terri could murder, solicit murder, or harm a child.

 

[debs]

read what professional poster/lawyer Gitana wrote about his right to know about the money. She says that legally he does have a right to know.

And her attorneys say he doesn't have that right. I guess the lawyers can fight it out, but I tend toward their opinion on this particular matter. It went to Houze. Not Terri.

 

[debs]

I only saw where her attorney asked for time with her daughter. Not custody, not unsupervised visits. Time with her daughter, who surely misses her mother as much as she misses her brothers (I presume she's denied time with J too). Time is not the same as exposing her to any great risk of instability. But not my call and I'm not willing to support denying someone's rights to their child based on nothing more than a guess and a "maybe" and "most likely" claim.

And I surely can't understand throughout this whole thing, why LE has 4 times (thanks, BeanE for that count!) stated that the claims that Desiree and Kaine have been making in public, did NOT come from them.

 

[stmarysmead]

and that's another point. Terri's attorney has, I believe, reasonably asked to see what these things are that Kaine has received from LE in his civil case against Terri for divorce and keeping her from her child. They refuse on the grounds that it would interfere with an ongoing investigation.

This is another reason for the abatement. If it's ongoing, it should get going. But meanwhile, Terri's been denied her rights as a parent and has appeared in court to discuss that matter with the judge, and based on yesterday's decision, they will now move forward to get Terri time with K.

"I" don't have a dog in this fight, but I can guarantee that K is being deprived of the loving arms of her mother, given that no one has ever said Terri was an abusive parent. Not Kaine, not Desiree, not anyone who has ever met her. Basing that on Kaine's "opinion" that he "thinks" Terri did something to his son is not enough. It has never been, nor should it ever be, enough.

LE has a belief that she tried to solicit murder and that she is responsible for
Kyron's disappearance. That is more than "abusive." Those are actions of someone unstable and unfit to entrust with a child. No one said Casey Anthony was abusive. No one said Susan Smith was abusive. If they all open a day care...do you think they will have lots of customers?

Why should Kaine be required to take such a risk?

Can anyone PROVE that Terri could NOT have hired a hitman...COULD NOT, absolutely NOT have hurt Kyron?

When the safety of a child is at stake, the "innocent until proven guilty"...is too much of a risk. It too often ends in another tragedy.

 

[Chili Fries]

Has anybody pointed out that baby K's second birthday is coming up in about a month?

 

[passionflower]

Maybe now since TH thinks she WON step 1, she will get cocky and slip up.
KWIM?
Won meaning in HER EYES ONLY!!!

I should of explained that I know she didn't win, but thinking in her brain and her lawyers telling her that it is a good thing.........KWIM?

 

[Adrienne37]

If she wanted "time" with her daughter, she should have asked for it 3 months ago. I'm sure with each passing day, the memories baby K has of her "mother" grow less and less given her age. She is far better off being kept away from such an evil person. A person who not only tried to have her father killed, but caused the disappearance of her brother, and then proceeded to have an "affair" with a friend of her father's. How anyone can justify that this woman needs "time" with her mother, I'll never understand. JMO.

 

[Adrienne37]

I should of explained that I know she didn't win, but thinking in her brain and her lawyers telling her that it is a good thing.........KWIM?

I knew what you meant PF and you are right, maybe in her demented mind, she did win and will be a little more loose with her tongue, we can only hope. JMO.

 

[SacreBleu]

i'm saying the judge delayed the case, granted a 90 day abatement, "citing Terri Horman's Fifth Amendment right to avoid testifying in a manner that might implicate her in a crime."

That says nothing of what I believe the judge is capable of doing. Simply using his own decision yesterday to form my opinions

I get that because she is the focus in a criminal investigation getting on the stand might cause her to implicate herself - but the focus put on Terri is being put on her by LE. They are the ones conducting the investigation.

What I was referring to is: how does anything that Kaine or Desiree has said in the media affect the divorce proceeding? You stated it was Kaine's fault that the abatement was granted. I don't think it's fair to blame Kaine or Desiree for that. You may not like that they are publically letting it be known that they feel Terri is responsible, but I don't think that fact played into the judges decision at all.