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

Discussion in 'Kyron Horman' started by pufnstuf, Oct 2, 2010.

  1. pufnstuf

    pufnstuf "Yes, she's emotionally disturbed. She's unbalance

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    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?
     
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  3. JBean

    JBean Retired WS Administrator

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    It can absolutely be indicative of that.
    or they can be building a case, which can take years if they are waiting for a break.
    We don't know.
     
  4. pufnstuf

    pufnstuf "Yes, she's emotionally disturbed. She's unbalance

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    My opinion:

    The DA may have sufficient evidence to charge her. But there are strategic reasons for not charging a person as soon as the evidence is gathered.

    One of the reasons that a DA may not wish to charge Terri immediately is the 6th Amendment, a portion of which guarantees the defendant the right to a speedy trial, should the defendant invoke the sixth. With Terri being represented by Houze, LE and the DA will want to build an unimpeachable case.

    There is no statute of limitation on capital murder. So investigators and the DA can take all the time they wish to make their case airtight. No defendant's-rights clock is ticking as it will be as soon as they charge and arrest her.

    As has been said numerous times on the forum, no one in the public knows how much evidence there is. We've only received a hit of what LE has: Gates said they have "tons."
     
  5. Kimster

    Kimster Former Member

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    IMO, they are taking their time to gather as much evidence as possible. Once an arrest is made, they will have to hand over their discovery documents to the defense.
     
  6. germaine

    germaine Former Member

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    I think it shows what we already know. There is no body. It also appears that there is no weapon, no crime scene, no real direct physical evidence. So it doesn't really surprise me that there hasn't been an arrest yet. Making a purely circumstantial case is, imo, has to be infinitely harder than making one based on physical evidence. Sometimes I get really upset thinking that the perp knows this, too. And is kicked back somewhere thinking they've gotten away with this. :furious:
     
  7. grandmaj

    grandmaj Former Member

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    No I don't think so. I think a piece or two is still missing. Maybe another person is suspected, maybe exactly what happened is missing, maybe they hope Kyron is found first.

    I don't see it as lack of evidence but perhaps not all of what they feel comfortable having is in good order at the present time.
     
  8. pufnstuf

    pufnstuf "Yes, she's emotionally disturbed. She's unbalance

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    BBM.

    I think that will become my mantra in any discussion of evidence.

    "We don't know."

    Because that's the bottom line. We don't know.
     
  9. Dee10

    Dee10 New Member

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    http://www.oregonlive.com/portland/index.ssf/2010/09/new_strategy_in_kyron_horman_c.html

    Stanton from the last presser:

    "All this information has been compiled, a lot of questions have been

    answered. We're now focusing on what we have collected and targeting those

    areas to help the district attorney's office to develop a case that they can

    prosecute successfully
    ."



    I take this to mean the new task force is preparing for court and tying up loose ends to finish off the unanswered questions, but obviously need more time due to the 60 day speedy trial requirement.

    Multnomah County District Attorney Michael Schrunk also stated:

    "We are going to try this case," he said.
     
  10. Calliope

    Calliope Former Member

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    Insufficient evidence to charge her? No.

    Insufficient evidence to ensure a conviction? Yes.

    JMO
     
  11. Jo in Calif

    Jo in Calif Well-Known Member

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    IMO the have the evidence that she left the school with Kyron, but not what happened after leaving the school. IMO they don't want to charge her until they can get some evidence to where Kyron may be, deceased or not. IMO They want Kyron, one way or the other.
     
  12. cluciano63

    cluciano63 Well-Known Member

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    If they don't find Kyron, I don't see how they can charge anyone. There is just too much doubt about what happened in this case.

    I don't take anything from the prosecutor saying they will try this case; what else would he say?
     
  13. loves2bmom

    loves2bmom New Member

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    I think the delay is they are hoping to find him first but if they do not, I believe they WILL try this case on what they have. It's going to be much harder to convict though.
     
  14. JBean

    JBean Retired WS Administrator

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    This was an issue as we waited over 4 months for the remains of Caylee Anthony to be discovered.
    This thread discusses the topic a; I would guess a lot of research was done and there may be something useful.

    http://websleuths.com/forums/showthread.php?t=68783&highlight=convictions
     
  15. cypress

    cypress New Member

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    Over a million dollars have been invested in this case. From the very beginning, LE have been strangely cognizant of the financial investment into finding Kyron. I understand the need to be fiscally responsible, but LE have been giving public accounts of their spending practices from the get-go. It's a little odd. Having said that, of course LE is going to assure the public and the bureaucracy that the money has been well spent. In that regard, LE needs for Terri to be guilty and to assure everyone that the case is moving forward. Time will tell if this is true or if these statements have been made to stave off repercussions related to a misguided investigation.

    At this point, it's not just that Terri hasn't been arrested, it's that LE put their eggs in a basket, took the basket to the grand jury, and the grand jury, infamous for indicting a ham sandwich, has failed to indict Terri. So, yes, regardless of what is being said by LE, I think the lack of an arrest and the lack of an indictment point to a lack of evidence.
     
  16. Dee10

    Dee10 New Member

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    Is it possible that the GJ is finished however, they have purposely not asked for a verdict at this time, until they "want" to make an arrest? Did they just want the GJ to get all the ducks in a row and then ask for a verdict so it will coincide with the arrest so to speak?
     
  17. gwenabob

    gwenabob A nice girl with a disturbing hobby

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    I don't think the GJ is finished yet. Sometimes indictments are handed down and sealed so LE has time to do other things before making arrests. We don't know if there have been any indictments yet.
     
  18. cluciano63

    cluciano63 Well-Known Member

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    I still don't think they have the one thing they need (besides Kyron) and that is proof that he left Skyline with Terri or with someone at her request. And I don't think they know if there is another party involved at this point; I believe they are looking into that due to Terri's timeframe of the events that morning. So yes, I do think lack of useful evidence is keeping an arrest from being made. They may have a ton of evidence to review but that does not make it viable evidence, any more than three thousand tips means they have anything leading to Kyron.
     
  19. gardeness

    gardeness New Member

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    I completely agree--the last we heard on anything significant in this case was a plea to the public for information about seeing "someone else" in or near the white truck. And, after the GK's version of events came out, the case went into a standstill--we haven't heard anything since. I think this is a huge red flag...moo
     
  20. passionflower

    passionflower Just 1 tip to find a killer

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    IMO, it won't be long before they build the case against several people.
    We still don't know all about the MFH, the computer evidence and someone
    might start talking, just like the LS did.
    I have faith in LE and KARMA..........it's coming!
    Just when?
     
  21. TxLady2

    TxLady2 New Member

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    Big difference in having enough evidence to charge someone vs. having enough to ensure a conviction. Even if they have a whole lot more against Terri than we know, it's still questionable whether a jury will buy it.
    "Tons" of evidence? I would be curious what that constitutes, besides the alleged MFH, the sexting, the 90 minutes of unaccounted for time.... all of which does not point to proof that she kidnapped/murdered Kyron.
     

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