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

[Mylou]

I have no idea what they have, I have no doubt they have something they are working on, just what .......who knows ? Does it involve TH ? Don't know. They could even be very close to an arrest for all I know. They sure haven't said alot that is for sure. I will certainly be interested the day they have something to say about this case besides no comment, or I can't answer that.

 

[Dee10]

I have no idea what they have, I have no doubt they have something they are working on, just what .......who knows ? Does it involve TH ? Don't know. They could even be very close to an arrest for all I know. They sure haven't said alot that is for sure. I will certainly be interested the day they have something to say about this case besides no comment, or I can't answer that.

ITA with you up until the BBM statement. I am looking forward to that day too. But in the mean time, LE's hands are tied in speaking to the specific evidence on the case legally, but they have given the public information on; what they are doing, their direction for the future, that they that they have made significant progress, they have a ton of evidence, and that they are going to try this case. Although we want to know more, I think they have told us all they are able to. Not just addressing this to you Mylou: It is up to you if you believe and trust them. If not why?

 

[Chili Fries]

What should they charge her with? I think that's probably a huge issue right now.

 

[DreamyEye]

To me, everything in this case contradicts everything else--and the doings of LE are among the most puzzling things. It seems surely they could arrest TH for the MFH alone, and use that opportunity to make her miserable in the hopes of sweating info about Kyron's case out of her.

Now Kimster brought up a really good point upthread. If LE is delaying arrest in order to avoid having to provide discovery to the defense--that makes me see things in a different light.

In general I'm a supporter of law enforcement, but it has been puzzling (and maybe a bit annoying) that they have said things like "isolated instance, community is safe" and "we will prosecute this case" which all makes it sound like they know ... and yet they keep mum about things like whether Kyron was signed up for the talent show, and whether he had a dr appt.

Now I need to rethink everything in light of this: maybe rather than the goal being to hide their cards from us, they are hiding their cards from Terri and her lawyer.

Thanks Kimster!

 

[Charlie09]

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.

My mantra on this case is "we don't know what LE knows"

 

[the seeker]

I think LE is well aware of what probably happened, however, its gathering everything together to make a conviction of probably more than one person stick.

 

[txsvicki]

Would they charge her with kidnapping or murder? There must not be enough evidence of kidnapping and none for murder.

 

[Pensfan]

Would they charge her with kidnapping or murder? There must not be enough evidence of kidnapping and none for murder.

OR........the grand jury is still quietly gathering evidence and listening to the 200 or more people that were subpoenaed.

 

[kgeaux]

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?

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.

 

[Mylou]

ITA with you up until the BBM statement. I am looking forward to that day too. But in the mean time, LE's hands are tied in speaking to the specific evidence on the case legally, but they have given the public information on; what they are doing, their direction for the future, that they that they have made significant progress, they have a ton of evidence, and that they are going to try this case. Although we want to know more, I think they have told us all they are able to. Not just addressing this to you Mylou: It is up to you if you believe and trust them. If not why?

I believe LE, what I do not trust are all the unnamed sources and their purpose in this case.

LE has not yet named any Suspect or Person of Interest. The fliers do not name a person of interest for me, I believe they were used as an investigative tool, what they learned from them,they have not disclosed.

They may have learned something new in the GJ sessions.

 

[Donjeta]

If Terri has not been called to testify in front of the grand jury yet, IMO it's safe to say that she is a person of interest or a suspect (unless the GJ was able to clear her). Otherwise she would have been one of the first GJ witnesses because she was the last to see Kyron. They have heard from a number of people whose only connection to Kyron appears to be that they know something about Terri's alibi the morning he went missing.

 

[Calliope]

What should they charge her with? I think that's probably a huge issue right now.

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

 

[TxLady2]

I believe LE, what I do not trust are all the unnamed sources and their purpose in this case.

LE has not yet named any Suspect or Person of Interest. The fliers do not name a person of interest for me, I believe they were used as an investigative tool, what they learned from them,they have not disclosed.

They may have learned something new in the GJ sessions.

LE doesn't name suspects or POI's these days, not unless they're 100% sure that person is involved and is already in handcuffs or in jail ready to be charged. And the more they claim someone is NOT a suspect or POI, it seems that's the person they're looking at the most.
I don't have a clue what the purpose of that particular GJ was... never heard of one taking on a major case and then just shutting down.... unless they just didn't have enough evidence for an indictment and are putting it on hold indefinitely.

 

[ami]

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

I'd agree if only they weren't searching SI this weekend.

Personally, I think they do have a witness that placed Kyron in the parking lot that morning after the science fair - if only because DY accidentally implied as much in a press conference and Kaine quickly tried to minimize what she'd said... making me think that this was something they were specifically asked not to share.

I agree with the general opinion that they have enough evidence to arrest, but not quite enough to ensure conviction, and so they are building their case and hoping as ever that Kyron appears in some form before they have to take the case to court. Like the Scott Peterson case.

I don't think they know what happened to Kyron. I think if they had a really good guess based on evidence that he was dead, or alive, they would have started to prepare DY and KH. So I don't think they have that evidence... which is another good reason for delaying the ticking clock of an arrest.

 

[TxLady2]

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

Yep... and they can't charge anyone with murder without some evidence to back it up. Even a confession has to have some proof that a murder occurred.

 

[Jo in Calif]

I still think they have enough evidence for, kidnapping and custodial interference, and probably enough for a conviction.
IMO they want to go for murder or manslaughter along with the rest. They have plenty of time, why waste time and money, until they have everything.
I believe the statute of limitations on criminal custodial interference is 3 years, in Oregon, no SOL for murder or manslaughter.
IMO Terri would not fess up to the biggie, even if they arrested her for the smaller charges.
IMO LE is holding out for all of it, they want Kyron. Time, right now, is on their side. IMO LE does not believe Kyron is alive.

 

[cluciano63]

I know it is the law, but do major cases in Oregon ever reach trial within 60 days? I'm just wondering as to how much of a factor that would really be. I wouldn't think prosecutors would be likely to leave a known (in their minds-hypothetical, not Terri) killer on the streets just in order to avoid having to start the trial too soon? From what I've seen in criminal trials, the one being prosecuted is usually not in a hurry...their chance of being convicted usually outweights the benefit if any of making the other side bring their case ASAP...

I'd find it hard to believe that when LE has enough evidence, they would still hold off, if someone out there was capable of killing a child...

 

[Donjeta]

It might depend on how high they think the risk of reoffending is.

I think they might want a perp targeting random strangers off the streets ASAP because you can't keep all the random strangers safe but if it's a perp targeting children in his/her care it might not be as urgent if the remaining children of the family can be kept safe otherwise.

 

[pittsburghgirl]

Remember how LE followed Scott Peterson around? They kept eyes on him but as soos as the bodies appeared, they filed the charges. The DA will be the one to decide when to file. If Kyron is dead and his body can be found, the case will be much tighter. If LE believes that TH is the perpetrator, what's the hurry? She has no access to Kaine or her baby. I'm sure her actions are being watched and she knows they are. And who knows? Maybe someone will talk, given enough time.

And there's no statute of limitations on kidnapping in most states.

 

[cluciano63]

True, but with Scott Peterson, there was blood in the house as well as signs of clean-up...so they did have that much pointing toward possible murder.

I am just having a hard time seeing this case with Kyron going to trial if he is never found...as I believe she would have been charged with abduction or similar crime if she had been seen leaving with him...