I believe the first time I personally read/heard that Terri was seen leaving the school with Kyron was in the book about his disappearance. I certainly don't recall it ever reading/hearing about it in MSM, or from any statements law enforcement gave.
When I read about it in the book, it made me wonder why, if that were the case and the witnesses were reliable, that wasn't enough to arrest Terri for
something. Not murder, but custodial interference, something along the lines of what John Skelton is being held for in connection to his 3 sons' disappearances. I'm not an attorney, so I don't know how it works, but I did look up stepparents' rights in Oregon. I found this in a guide called "Oregon’s Legal Guide for Grandparents and Other Relatives Raising Children 2012"
A stepparent who has not adopted his or her spouse’s children
does not have parental rights. In fact, under Oregon law, he or she
has rights that are similar to those that grandparents have.
Here is Oregon's definition of custodial interference, from OR public law statutes:
A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person’s lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period. *
*
ORS 163.245 - Custodial interference in the second degree
If these eye witness statements claiming Terri left the school with Kyron are valid and reliable, it seems to my untrained eye those statements should have been enough to charge her with a lesser crime initially. These charges could later be upgraded to more serious ones as new evidence is discovered. Doing that would not constitute double jeopardy, and, as with John Skelton, who was a bio parent, not a stepparent, no body was needed to make the custodial interference charge stick. He's been in jail since 2011.