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Kyron Horman's Mom Plans To File CIVIL SUIT AGAINST TERRI HORMAN!

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Kyron Horman's Mom Plans To File CIVIL SUIT  AGAINST TERRI HORMAN! Empty Kyron Horman's Mom Plans To File CIVIL SUIT AGAINST TERRI HORMAN!

Post by Guest Fri Jun 01, 2012 10:21 am

PORTLAND, Ore. - Desiree Young, the mother of missing boy, Kyron Horman, plans to file a civil suit against the boy's stepmother, Terri Horman.

The lawsuit, which sources tell KATU News will be filed on Friday, accuses Horman of "custodial interference."

Under Oregon law, custodial interference involves keeping a person from their legal custodian "permanently or for a protracted period."

Terri Horman was the last person known to have seen Kyron Horman before he disappeared from Skyline School almost exactly two years ago.

While Horman has never formally been named a criminal suspect, she has long been in the spotlight of the investigation.

It's not clear what evidence Young will lay out in her lawsuit.

Video & Article:

http://www.katu.com/news/local/Kyron-Horman-Desiree-Young-Kain-Horman-Terri-Horman-civil-lawsuit-156159635.html


Last edited by art tart on Fri Jun 01, 2012 10:30 am; edited 2 times in total

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Post by Guest Fri Jun 01, 2012 10:25 am

Kaine Horman Reacts: 'The gloves are off'

In reaction to the expected civil lawsuit, Kyron's father, Kaine Horman, said standing next to the Wall of Hope, "I think at this point in time, the gloves are off."

He says by nature, he's a patient person. But his patience is worn thin when it comes to the unanswered questions about his son and what happened to him - answers he believes Terri Horman holds.

"This whole situation is about finding Kyron," he said. "There's no mistake about it whether we're going through a divorce or processing another part of the case that's involved with this or what have you, the discussions are always, what's the best approach to bring him home."

Kaine says he barely thinks about his estranged wife anymore but he thinks about Kyron every day.

Article:

http://www.katu.com/news/local/Kyron-Horman-Desiree-Young-Kain-Horman-Terri-Horman-civil-lawsuit-156159635.html

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Post by Guest Fri Jun 01, 2012 10:29 am

Kyron Horman's mother says to expect announcement today!

The mother of Kyron Horman said to expect an announcement about the boy later Friday in Portland.

Desiree Young spoke with KGW Thursday evening but did not provide any more details about the announcement.

Kyron disappeared two years ago from Skyline grade school, leading to the largest search effort ever done in Oregon.


http://www.kgw.com/news/local/Kyrons-mom-says-to-expect-announcement-today-156297705.html


http://www.komonews.com/news/local/Missing-Ore-boys-mother-plans-civil-suit-against-stepmom-156304565.html


Last edited by art tart on Fri Jun 01, 2012 10:34 am; edited 1 time in total

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Post by Tamta Fri Jun 01, 2012 10:33 am

art tart wrote:Kyron Horman's mother says to expect announcement today!

The mother of Kyron Horman said to expect an announcement about the boy later Friday in Portland.

Desiree Young spoke with KGW Thursday evening but did not provide any more details about the announcement.

Kyron disappeared two years ago from Skyline grade school, leading to the largest search effort ever done in Oregon.


http://www.kgw.com/news/local/Kyrons-mom-says-to-expect-announcement-today-156297705.html

Good.
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Post by Guest Fri Jun 01, 2012 10:42 am

KYRON: June 4th MAKES 2 Years Since Kyron Has Been Missing!

For months, his face was pasted all over the media and on billboards as police desperately searched for him. His step mom, Teri Horman, became the focus of the investigation but charges were never filed. Kyron's body has never been found.

http://www.kxl.com/06/01/12/Kyron-Horman-Two-Years-Later-/landing.html?blockID=611238&feedID=10606

KAINE HOST FUN RUN IN HONOR of 2 YEAR ANNIVERSARY

http://www.oregonlive.com/portland/index.ssf/2012/06/kaine_horman_hosts_run_for_son.html


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Post by Weeziethm Fri Jun 01, 2012 1:33 pm

Prayers for Kyron, the little frog prince...

Good for you, Desiree. Good for you.
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Post by CuriousPortlander Fri Jun 01, 2012 3:09 pm

art tart wrote:Kyron Horman's mother says to expect announcement today!

(snipped)

http://www.kgw.com/news/local/Kyrons-mom-says-to-expect-announcement-today-156297705.html


http://www.komonews.com/news/local/Missing-Ore-boys-mother-plans-civil-suit-against-stepmom-156304565.html

KGW is going to broadcast Desiree's announcement live at 1:30 p.m. today (PDT; 4:30 EDT). I will try to provide an update afterwards.
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Post by Guest Fri Jun 01, 2012 3:59 pm

what does a Civil suit mean in Kyron's criminal case?

Although, imo, not much is going to come from the Civil Suit any time soon, the Burden of Proof is going to be on Desiree, that means that she is going to have to produce EVIDENCE she is not in possession of, LE has that evidence, that it is indeed TMH that is responsible for Kyron's disappearance. The big question is this: how much of Kyron's case is LE willing to share w/Desiree & if it is going to jepordize their case.

This is extremely rare, USUALLY, Civil Suits are filed at the end of a criminal suit, that means ALL the evidence is available to the victim's family & their attorney can access ALL the evidence & witnesses. That is NOT the case in this law suit, the evidence is in the possession of LE, NOT Desiree. what is her evidence, remember, she HAS to prove it. Although the bar is lower in a Civil Suit, TMH isn't even named a "SUSPECT" in Kyron's disappearance.

I have been involved in a Civil Suit for the negligent death of my sister. Civil Suits on the average take from 4 to 5 years to resolve. why? imo, because they are not a priority to the Court System, usually the victim's are dead in a case like this & in my sister's case, it is the remaining victim's seeking a measure of justice.

Something this does do is this: it puts Desiree/her attorney in a postition of sending endless interrogatories to TMH/Attorney and go through the process of depositons. The depositions happen years down the road & interror. are going to take a year in my estimation.

In turn, imo, TMH's attorney is going to file to have this dismissed or summary judgement, that could take a month or 2 & TMH/attorney can ALSO put Desiree in the same position she is putting TMH in.

TMH attorney's are going to ask Desiree through interrogotories these questions for starters:

why weren't you Kyron's primary parent?

why aren't you the primary parent of your older son?

how many times a month did you actually have Kyron for visits?

what medications were you on BEFORE Kyron's disappearance?

what medications are you on now?

Name your Doctor's & their areas of expertise.

This list is endless, it's painful for victim's families, but, at the very least, this is going to put Kyron back in the news. Desiree imo, knows there is not likely going to get any monetary settlement, she just NEEDS answers about Kyron. This case is ABOUT forcing TMH to communicate w/Desiree & her attorney. TMH doesn't have any money, any money she gets from the property settlement w/Kaine is going to go to Houze, as TMH's attorney.

Remember, you can ONLY collect on a Judgement, a Judgement in this case is going to take years, that means the Verdict. TMH would have to have $$$$ at that time. Any monies TMH has are now going to go to another attorney to defend her in this Civil Suit. Thus far, TMH has 2 attorney's, a criminal & divorce attorney, she needs another one now.

BY God, Desiree is anguished everyday without Kyron because TMH won't tell her where Kyron is, it's time Desiree inflicted some pain into TMH's life daily, had additional anguish in her life everyday, another pressure, another monetary expense of an attorney, reading the countless articles about Kyron pointing to her as an unnamed person of interest in ALL the national news papers, ALL the Internet news. You go Desiree, you/Kaine are the voice for Kyron! TMH needs to understand, Desiree/Kaine are both relentless, they are not going away, they are going to keep TMH so heavily under the cloud of suspicion for murder that she never gets a job to pay those attorney's she hides behind.





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Post by CuriousPortlander Fri Jun 01, 2012 4:50 pm

Here are my notes from today's press conference (broadcast on KGW) with Desiree Young and her attorney:

Desiree's comments:
- She was nervous and emotional
- Thanks everyone for attention to Kyron's case
- Talked about Kyron and how she has a hole in her heart
- Living a nightmare
- Monday marks two years since he disappeared
- haven't been able to see my son, kiss him
- I wait for the phone call every day
- Fears he is gone forever
- believes TH knows where Kyron is and is responsible
- time has come for TH to take responsibility for what she has done
- lawsuit asks court to compel TH to tell where Kyron is
- lawsuit charge of custodial interference
- asking for money damages - will be used for parents and families of other missing children
- wants TH to face justice
- hopeful money damages will make it impossible for TH to move on with her life
- will pursue with all of her energy
- will not rest until K is home

Her attorney's comments:
- DY asserts TH kidnapped K
- waited for two years for criminal action
- tools available to him to peel away the mystery of disappearance
- will issue subpoenas for people to testify under oath
- compels production of docs (emails, texts)
- will present evidence in public trial
- seeks injunction compelling TH to return K, or if dead, to reveal whereabouts of his body
- intentional harm
- seeks 10 million dollars in damages
- will amend complaint later for punitive damages
- no statute of limitation for criminal - two years for civil - that's why they're filing civil charges now
- serve summons on TH; she has 30 days to respond
- TH has the right to take 5th amendment
- civil case must be proven by proponderance of evidence (vs. criminal - beyond resonable doubt)



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Post by Guest Fri Jun 01, 2012 5:42 pm

Curious Portlander, great job friend. I hope we can get a link for the news conference later this evening & I HOPE JVM has the case back on soon. It usually makes me cry to see Desiree, her pain is so palpable, it's painful to see her. She deserves some peace, it's unfair to live in hell everyday knowing someone could just tell you where the remains of your son are.

There are a lot of problems in their case, imo, I hope it doesn't get thrown out. As observed by anyone that followed KC's case, in 2 years in the ZG civil suit, they have basically gotten no where, KC has plead the 5th at every opportunity & supposedly, the case is going to be tried sometime in 2013, that too remains to be seen.

The point is: You can't force someone to tell you something & imo, NO Judge can compel TMH to tell Desiree where Kyron is, especially in a civil suit. TMH is just going to plead the 5th. Remember, supposedly, the Grand Jury is ongoing in this case. There isn't even enough evidence to indict TMH, imo, the hateful emails that Desiree knows about, are not going to show that TMH murdered Kyron, they are going to show she hated him. Even if Desiree/Attorney depose DeDe, in which they are going to have to BEFORE the case is ever tried, imo, she is going to smile/smirk & just lie, that gets Desiree no where.

Even though the bar is lower in a Civil Suit, there were a few people that claimed to see Kyron that day, a teacher? a friend of Kyron's? That removes Kyron from the hands of TMH. Someone would have to have seen Kyron leave w/TMH, although we assume that happened, there is no proof that happend, that's why TMH has remained free.


Last edited by art tart on Sat Jun 02, 2012 3:11 pm; edited 2 times in total

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Post by CuriousPortlander Fri Jun 01, 2012 5:57 pm

Here's the KGW link to the updated article Kyron Horman's mother sues Terri Horman for $10 million:

http://www.kgw.com/news/Kyrons-mom-says-to-expect-announcement-today-156297705.html

snippet: "The lawsuit asks the court to compel Terri Horman to disclose Kyron's location. It also includes two claims, one for custodial interference and one for intentional infliction of emotional distress."

and:

"Friday morning Multnomah County Chief Deputy Jason Gates said the case was still open, and tips were still coming in. He said detectives have not forgotten Kyron.

“We are in this profession because we care about our community. We care about people,” he said. “If there's a case I'd love to solve; it'd be this one.""




Last edited by FystyAngel on Mon Jun 04, 2012 10:30 pm; edited 1 time in total (Reason for editing : added video)
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Post by CuriousPortlander Fri Jun 01, 2012 6:01 pm

FYI - The link posted above also contains the videotaped press conference.
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Post by CuriousPortlander Fri Jun 01, 2012 6:09 pm

art tart wrote:Curious Portlander, great job friend. I hope we can get a link for the news conference later this evening & I HOPE JVM has the case back on soon. It usually makes me cry to see Desiree, her pain is so palpable, it's painful to see her. She deserves some peace, it's unfair to live in hell everyday knowing someone could just tell you where the remains of your son are.

There are a lot of problems in their case, imo, I hope it doesn't get thrown out. As observed by anyone that followed KC's case, in 2 years in the ZG civil suit, they have basically gotten no where, KC has plead the 5th at every opportunity & supposedly, the case is going to be tried sometime in 2013, that too remains to be seen.

The point is: You can't force someone to tell you something & imo, NO Judge can compel TMH to tell Desiree where Kyron is, especially in a civil suit. TMH is just going to plead the 5th. Remember, supposedly, the Grand Jury is ongoing in this case. There isn't even enough evidence to indict TMH, imo, the hateful emails that Desiree knows about, are not going to show that TMH murdered Kyron, they are going to show she hated him.

Even though the bar is lower in a Civil Suit, there were a few people that claimed to see Kyron that day, a teacher? a friend of Kyron's? That removes Kyron from the hands of TMH. Someone would have to have seen Kyron leave w/TMH, although we assume that happened, there is no proof that happend, that's why TMH has remained free.

As usual, Art Tart, you make excellent points. My heart breaks too, every time I see DY. Today was no exception. I guess if nothing else, as Kaine stated in the article, this puts more pressure on TH (although I'm not sure what that's going to do, except make TH's life more miserable (which is OK by me)).

Can't wait to see how TH's attorney is going to respond to this one. So heartbreaking that it's been almost two years since this precious little boy disappeared, and TH still hasn't even been called a POI, let alone a suspect. Painfully slow progress in this case!
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Post by Guest Fri Jun 01, 2012 6:47 pm

Joey Jackson, New York Crimnal Defense Analyst for Fox was just on Vinnie P & so was Mike Iglarsh & both sad:

"she isn't going to do anything but pled the 5th at the instruction of her attorney, that is a 99.9 % chance.." Vinnie P said, "well that shows me she has something to hide," & both Joey & Mark said, "they have had innocent client's pled the 5th before, you can't tell what is being investigated." They showed some of the news conference, Desiree was pitiful. No doubt, it is an unimagiable nightmare. Desiree, imo, has nothing more to lose, I agree, anything to cause TMH to have to spend MORE $$$ she doesn't have, to hopefully prevent her from being able to get a job, & make her more miserable is a good thing.

My Prediction: TMH's attorney will file for summary judgement, to have the case dismissed.

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Post by CuriousPortlander Fri Jun 01, 2012 6:49 pm

HLN (Vinnie Politan's Prime News) just showed DY's press conference, so it's already hit the national cable news channels. Mark Eiglarsh commented that although he believes TH will plead the 5th, it might just compel others to speak out (I'm thinking DDS) and provide a much needed break in this case.

Vinnie asked if an innocent person can plead the 5th, or does pleading the 5th mean the person is guilty. Both Mark and attorney Joey Jackson said that an innocent person can plead the 5th; it's not just for the guilty. It would prevent them from saying something that could incriminate them, even if they weren't guilty (such as revealing where they were when Kyron went missing, if it might reveal something else they don't want to be known by others (even if they had nothing to do with his disappearance)). I didn't know that!
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Post by Puzzler Sat Jun 02, 2012 4:21 am

I've been waiting for something to happen in this case close to the June 4 anniversary date and the end of October, marking the 2 year "abatement" the judge granted in the divorce case.

Unless MCSO formally clears Terri, most likely Terri won't be making any comment in court with the exception of pleading the 5th.

Desiree is asserting that "Terri" "kidnapped" Kyron. It will be interesting to see how Desiree's attorney plans to put forth "proof" that Terri kidnapped Kyron.

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Post by Guest Sat Jun 02, 2012 3:27 pm

Articles on Desiree's Announcement

Terri Horman's lawyer, Stephen Houze, said Friday afternoon he won't comment until he's read the civil suit.

"Until such time as I have had an opportunity to thoroughly review the complaint, I will not be making any public statement with respect to this matter,'' Houze said in a written response.


Her lawyer, Stephen Houze, said last year that his client had received death threats and that the media frenzy surrounding the case had morphed into a "witch hunt."

Nearly two years later, Kaine Horman and Desiree Young say they won't ever rest
.

http://abcnews.go.com/US/kyron-horman-missing-boys-mother-sues-stepmother/story?id=16481243
__________________________
The lawsuit seeking $10 million in damages was filed at 12:29 p.m., three days before the two-year anniversary of Kyron’s disappearance.

http://www.oregonlive.com/portland/index.ssf/2012/06/desiree_young_seeks_10_million.html
___________________________
PORTLAND, Ore. -- The mother of an Oregon boy who vanished nearly two years ago has filed a lawsuit against his stepmother, the last person known to have seen him.

http://www.huffingtonpost.com/2012/06/01/kyron-horman-missing-desiree-young-terri-horman_n_1563986.html



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Post by Guest Sat Jun 02, 2012 3:48 pm

imo, the information that TMH is "the last person to have seen Kyron" is just an assumption, isn't that right?

I have never seen anything that said that is a fact, I have read about the teacher seeing Kyron that day & a friend of Kyron's seeing Kyron that day in a gym I think, but I have never read that TMH is the last person to have Kyron, although, that is what most of us assume.

jmo: I have always assumed TMH might have told Kyron to sneak out the side door & run to the truck, she would let him stay home that day & they would have fun instead of going to school, t but they had to deliever the science project, which TMH used to establish her alibi, that they were indeed there.

jmo, I believe Kyron is buried, not dumped, I think Susan Powell is too buried & not dumped, those bodies seem to be more difficult to find unless someone tells where they are.

In the case of Hans Riser, a brillant computer whiz that murdered his OB/gyn Russian wife, negotiated 10-15 yrs. off his sentence for showing where he dug Nina's grave, despite all the public criticism, her Russian family wanted her returned to Russia for a proper burial. Her children live in Russia w/the grandparent's. The DA said a families wishes trump public opinion everytime.

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Post by Puzzler Sat Jun 02, 2012 6:09 pm

Terri was not the last person to see Terri per the Deputy Sheriff at the time (can't recall his name right now). Terri left the school at 8:45 and Kyron was seen at 9:00 per witnesses, per the Deputy Sheriff.
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Post by Guest Sat Jun 02, 2012 7:04 pm

Puzzler wrote:Terri was not the last person to see Terri per the Deputy Sheriff at the time (can't recall his name right now). Terri left the school at 8:45 and Kyron was seen at 9:00 per witnesses, per the Deputy Sheriff.

Puzzler, that's what I thought too. I'm glad you have interest in this case, although I am passionate about Kyron, I'm a little fuzzy on the investigation the first few days, CuriousPortlander & I used to keep Kyron's case caught up at the Hinky Meter, it was lost when the Hinky Meter closed. CuriousPortlander is in the area & is great about sharing anything reported there.

There are problems imo in the case. LE didn't secure the calls to/from Skyline the first day Kyron disappeared, they only admitted this when the case was a year old, there was confusion as to why Kyron was/wasn't reported absent, even though he was reported as being seen there earlier. No one saw Kyron leave Skyline.

I guess I don't think Desiree is going to get very far in her Civil Suit although I am glad she has taken some action & I woud love to be wrong. I am thrilled it has put little Kyron back in the National News, not us here at RC, but some American's that don't follow cases of missing children forget about these children, they are still missing, still loved. Houze said he "would comment once he has read the suit," imo, he is going to say, " it has no merit, it is harassment, we will seek to have it dismissed." Although the bar is lower in a Civil Suit, I don't think she has any concrete evidence EXCEPT TMH's emails, she is going to have to get TMH to produce those, LE imo, is not going to give those to Desiree. TMH is going to say, "she erased them!" She would be stupid to have kept them, unless the receiptant's kept theirs, if DeDe is one of the receiptant's, she too has erased her's.

I am curious about: if the Grand Jury is secret, if LE shared any information w/Desiree/Kaine, can Desiree use that information? Desiree is going to have to PRODUCE evidence in the case. She can't make LE give it to her. Is LE going to regret sharing information w/Desiree if this jeopardizes their investigation, the ultimate goal is for TMH to be charged in a Criminal Case but even Kaine said in an interview, "it could take years & ultimately no one charged in Kyron's case." imo, that indicates that LE doesn't have a strong case.

Puzzler, what are your thoughts?

CuriousPortlander, what are your thoughts?

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Post by Guest Sat Jun 02, 2012 7:24 pm

This is an intertesting read for those following Kyron's case, he too is in the area.

True Nelson Portland, Oregon, United States
Former Deputy Sheriff, Former Military Officer, Former Special Agent with the FBI, Current Security Consultant in Portland, OR; and sometimes struggling amateur writer.

http://trueattrue.blogspot.com/

He has written countless articles on the case.




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Post by Puzzler Sun Jun 03, 2012 1:31 am

From what I'm reading, it appears that Desiree's attorney is smart and well-respected.

I just wonder what there is that he thinks he can get out of people that MCSO wasn't able to get...or what the grand jury was unable to get.

Because, after all their work - IIRC with 42 agencies and a grand jury, there was no indictment of Terri.

I mean...what makes them think that folks are going to come forward with information that they didn't come forward with in the past...after all, wouldn't withholding information from SDSO put those people in "criminal" jeopardy?
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Post by Marica Sun Jun 03, 2012 2:04 am

Even IF Desiree were to win this case.
Even IF the courts would award the
full 10 Million she seeks, there is no
way Terri can come up with that kind
of money. This makes me feel this
case is more about keeping the world
aware that Kyron is missing, and I would
guess it would also prevent Terri from
benefiting financially from any book or
movie deal she might have in the future.
I really hope Desiree is successful in her
suite against Terri.
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Post by Guest Sun Jun 03, 2012 11:45 pm

Puzzler wrote:From what I'm reading, it appears that Desiree's attorney is smart and well-respected.

I just wonder what there is that he thinks he can get out of people that MCSO wasn't able to get...or what the grand jury was unable to get.

Because, after all their work - IIRC with 42 agencies and a grand jury, there was no indictment of Terri.

I mean...what makes them think that folks are going to come forward with information that they didn't come forward with in the past...after all, wouldn't withholding information from SDSO put those people in "criminal" jeopardy?

Puzzler, I can't imagine that any more information can be illicited in a Civil Suit, it is the Criminal Investigation that can bring charges, not the Civil Suit. Too, there is no urgency in a Civil Suit, there are delays upon delay, it seems endless. Although Desiree imo, has absolutely nothing to lose in filing the Civil Suit, imo, it is not going to glean anything anytime soon, like years, & that's if it is not dismissed. I feel sad for Desiree if she thinks this is going to bring some resolution. At best, imo, it's going to be a pain in TMH's butt, but Houze will handle it. They have 30 days to respond, on the 30th day imo, Houze will seek to have it dismissed. Then, the Judge has to hold a hearing, bogging down several more months to judge if it has merit.

It was interesting that Kaine said "he supports Desiree's decision to file a Civil Suit against Terri if it applied pressure, but, as long as it did not impede the Criminal Investigation."

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Post by Guest Sun Jun 03, 2012 11:54 pm

[b]Marica[/b] wrote:Even IF Desiree were to win this case.
Even IF the courts would award the
full 10 Million she seeks, there is no
way Terri can come up with that kind
of money. This makes me feel this
case is more about keeping the world
aware that Kyron is missing, and I would
guess it would also prevent Terri from
benefiting financially from any book or
movie deal she might have in the future.

I really hope Desiree is successful in her
suite against Terri.

Marcia, you make a good point, TMH has no money, she may eventually get some $$$ from her property settlement from Kaine, but imo, that is going to go to her attorney's. I think at best Desiree is keeping this case in the news, it has been in the National News since she filed, ANY PUBLICITY about little Kyron is good.

Desiree deserves some answers, 2 years is a long time to be without your child. I hate that the unnamed suspect in this case enjoys her freedom, I don't think there is anything that is ever going to make Terri tell where she buried Kyron. jmo. She's free & likely to remain free the rest of her life, besides being the absolute right thing to do & tell Desiree where Kyron is, she isn't likely to ever to so. Giving up her freedom for Desiree isn't going to happen, jmo.


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Post by Puzzler Mon Jun 04, 2012 1:23 am

Does Kaine Horman think his son, Kyron, is still alive? 'Yes, ma'am, I sure do,' he says

Published: Sunday, June 03, 2012, 10:00 AM

http://www.oregonlive.com/portland/index.ssf/2012/06/does_kaine_horman_think_his_so.html?utm_source=dlvr.it&utm_medium=twitter

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Post by Puzzler Mon Jun 04, 2012 2:11 am

With a case like this being so uphill to prove any assertions, I've wondered "why" Desiree's attorney would take the case.

I believe it is because this might will be a "landmark case" under Aaron's Law and rarely does any attorney have an opportunity to have his name connected to such a case.

Desiree - of course to out of desperation to find answers


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Post by Puzzler Mon Jun 04, 2012 2:37 am

http://www.ajamie.com/files/Uploads/Documents/Article%20on%205th%20Amendment%20from%20Fall%20Issue%20(ELJ).pdf


Asserting the Fifth Amendment in Civil Proceedings

By Dona Szak
Published in Energy Litigation, Volume 10, Number 1, Fall 2010. © 2010 by the American Bar Association.

(snip) Invoking the Fifth Amendment in a Deposition

The discovery stage of civil litigation presents the first potential pitfall
for the actual or potential criminal defendant. Must he or she submit to
a deposition? The defendant indeed is required to appear for a deposition,
and, cannot use the existence of parallel criminal proceedings or his or her
fear of criminal proceedings, to avoid giving a deposition. Nevertheless, the
defendant may assert his or her rights under the Fifth Amendment and decline
to answer specific questions that he or she reasonably believes could be used in
a criminal prosecution or could lead to other evidence that might be so used.10
The witness need not have been actually accused of a crime to invoke this
right. (snip)
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Post by Puzzler Mon Jun 04, 2012 3:10 am

http://www.kgw.com/video/featured-videos/Run-for-Kyron-held-Saturday-156880455.html

During the video:

Kaine says they tried to use the divorce proceeding to get information and was unable to to it they way they wanted.

Houze is expected to put out a statement sometime on Monday.


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Post by Puzzler Mon Jun 04, 2012 3:10 am

Today marks the 2nd anniversary of the day Kyron went missing. Sigh....
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Post by Guest Mon Jun 04, 2012 9:54 am

Puzzler wrote:With a case like this being so uphill to prove any assertions, I've wondered "why" Desiree's attorney would take the case.

I believe it is because this might will be a "landmark case" under Aaron's Law and rarely does any attorney have an opportunity to have his name connected to such a case.

Desiree - of course to out of desperation to find answers

I am suprised that Desiree's attorney took this case, especially if it is PRO BONO. These cases are costly, usually the Civil Attorney takes 40% of the Judgement PLUS all cost to the attorney: copies, filings in Court, depositions, interrogatories, transcription, etc. In this case, I haven't read anywhere that anyone thinks Desiree is going to get a dime from Terri, my hope is that it is not thrown out.


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Post by Guest Mon Jun 04, 2012 10:05 am

Kyron, MISSING 2 Years TODAY!

I was really impressed w/the case in the beginning, I had never heard of "professional searcher's," LE didn't want volunteer's, they had their own that had been trained & were certified.

As time goes on, the reality is, it doesn't appear LE has much evidence in this case, this case imo is like countless others, not enough evidence to charge anyone.

Lawyer's always say: "It's not what you know, it's what you can prove in Court."


EVEN IF Kyron's remains were found, evidence has to link back to Terri. imo, there won't be the evidence at the remains site like we saw from KC's case, the launry hamper, books, blanket from Caylee's bed.

The biggest problem for LE/DA is: no one saw TMH leave Skyliine w/Kyron. This can't be established as far as we know, this BIG hurdle has to be accomplished before TMH is ever charged in Kyron's disappearance.

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Post by CuriousPortlander Mon Jun 04, 2012 2:27 pm

Puzzler wrote:Terri was not the last person to see Terri per the Deputy Sheriff at the time (can't recall his name right now). Terri left the school at 8:45 and Kyron was seen at 9:00 per witnesses, per the Deputy Sheriff.

I think it was either Gates or Stayton from the Sheriff's dept. that said early on that someone (a young boy, I think) had seen K after 8:45, but then I think it was also stated at a later date that the boy's statement could not be verified or was somehow discounted. I've tried to find the original story, but every one I've pulled up lately (even going back to July 2010) says TH was the last one to have seen him. I'll keep looking.

I too, sadly think that nothing to help solve the criminal case will come of this suit. Since the divorce was put on hold due to the criminal investigation, if Houze isn't able to get it dismissed, my guess is that it, too, will be put on hold.

I can't imagine how frustrating it must be for DY and KH to be at the 2nd anniversary of his disappearance and still not know what happened to him. I'm sure DY is doing this lawsuit to keep pressure on TH (not that I think it will help the criminal case) and let her know that they will not rest until they have the answers they need. DY said the monetary damages are to keep TH from moving forward. Granted, TH doesn't have much money now, but if damages are awarded at some point, it would keep TH indebted forever (meaning any future wages she might earn would be spoken for). To let her know that she will never have a normal life again. I guess that's all DY can do at this point.

Word around town is that TH is keeping pretty well hidden at her parents in Roseburg. Any sitings of her used to be reported on local news, but there's been nothing for a long time. A local reporter said TH's parents still have a sign posted on their door saying to contact Houze for any info (that they will not do interviews), and that the parent's phone number has been disconnected. Hard to believe that Kiara is 3 1/2 years old already, and that TH hasn't seen her in two years. If that wasn't enough to get TH to talk, I don't think anything will.

I'm sure the local news will have updated stories today, being the anniversary date. I'll post if any new information is released.

(edited to correct typo)


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Post by Marica Mon Jun 04, 2012 2:34 pm

Wonder if Terri has developed a disguise to me able to leave the house..
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Post by CuriousPortlander Mon Jun 04, 2012 2:37 pm

Puzzler wrote:Terri was not the last person to see Terri per the Deputy Sheriff at the time (can't recall his name right now). Terri left the school at 8:45 and Kyron was seen at 9:00 per witnesses, per the Deputy Sheriff.

Found the article: http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_chronology_of_eve.html

snipped:

"9 a.m. Kyron is reportedly seen by a student near the south entrance of the school, according to Sheriff Dan Staton, who says that was the last time the boy was seen. Multnomah County authorities later backtrack on that statement."
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Post by CuriousPortlander Mon Jun 04, 2012 9:04 pm

Missing' poster shows what Kyron might look like today

http://www.kgw.com/news/Missing-poster-shows-what-Kyron-might-look-like-today-157064035.html

snipped:

"PORTLAND – A new missing boy poster has been created in the search for Kyron Horman, which shows what he might look like now, two years after he vanished, at the age of 7.

The National center for Missing & Exploited Children issued the new missing boy poster Monday, which marked the two-year anniversary of the day he vanished."

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Post by CuriousPortlander Mon Jun 04, 2012 9:11 pm

Kaine Horman on anniversary of son's disappearance

http://www.kgw.com/video/yahoo-video/Kaine-Horman-still-believes-Kyron-will-come-home-157026725.html

snipped:

“He still is out there. We're keeping pace with him as best we can,” Kaine said. “The investigation is still ongoing… doing a great job with being aggressive with different things and ideas to get this thing closed out.”
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Post by Guest Mon Jun 04, 2012 10:02 pm

CuriousPortlander wrote:Missing' poster shows what Kyron might look like today

http://www.kgw.com/news/Missing-poster-shows-what-Kyron-might-look-like-today-157064035.html

snipped:

"PORTLAND – A new missing boy poster has been created in the search for Kyron Horman, which shows what he might look like now, two years after he vanished, at the age of 7.

The National center for Missing & Exploited Children issued the new missing boy poster Monday, which marked the two-year anniversary of the day he vanished."

Bless his heart, how handsome Kyron has become. In 2 yrs. he's gone from cute to handsome to me. Sadly, 2 years is a short time in the development of children, they really change so much. I am terribly saddened this has drug on for 2 years, & sadly, I fear it is going to continue to drag on.

Kaine & Desiree, both, imo, have done everything humanly possible to find Kyron, I hope this year some of their prayer's are finally answered.


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Post by Puzzler Tue Jun 05, 2012 1:31 am

Age-progression image shows Kyron Horman at age 9

KVAL News, June 4, 2012

http://www.kcby.com/news/local/Age-progression-image-shows-Kyron-Horman-at-age-9-157067135.html

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Post by Puzzler Tue Jun 05, 2012 1:39 am

CuriousPortlander wrote:
Puzzler wrote:Terri was not the last person to see Terri per the Deputy Sheriff at the time (can't recall his name right now). Terri left the school at 8:45 and Kyron was seen at 9:00 per witnesses, per the Deputy Sheriff.

Found the article: http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_chronology_of_eve.html

snipped:

"9 a.m. Kyron is reportedly seen by a student near the south entrance of the school, according to Sheriff Dan Staton, who says that was the last time the boy was seen. Multnomah County authorities later backtrack on that statement."


CuriousPortlander - TY for the info.

IIRC...wasn't this timeline backed up by the boy's mother appearing publicly - regardless of LE retracting?
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Post by Puzzler Tue Jun 05, 2012 7:04 am

http://www.people.com/people/article/0%2c%2c20601178%2c00.html

Kyron Horman's Room Still Awaits Him – Two Years Later
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Post by Soprano1 Tue Jun 05, 2012 8:10 am

art tart wrote:
CuriousPortlander wrote:Missing' poster shows what Kyron might look like today

http://www.kgw.com/news/Missing-poster-shows-what-Kyron-might-look-like-today-157064035.html

snipped:

"PORTLAND – A new missing boy poster has been created in the search for Kyron Horman, which shows what he might look like now, two years after he vanished, at the age of 7.

The National center for Missing & Exploited Children issued the new missing boy poster Monday, which marked the two-year anniversary of the day he vanished."

Bless his heart, how handsome Kyron has become. In 2 yrs. he's gone from cute to handsome to me. Sadly, 2 years is a short time in the development of children, they really change so much. I am terribly saddened this has drug on for 2 years, & sadly, I fear it is going to continue to drag on.

Kaine & Desiree, both, imo, have done everything humanly possible to find Kyron, I hope this year some of their prayer's are finally answered.


I'll bet it both makes his mother so proud and breaks her heart at the same time to see her handsome boy as he would likely look now. What she must dwell on every day - how much he would have grown by now, the things he would have done in these 2 years, the times she would have been able to kiss his sweet face and just glow with pride in her boy...it hurts my heart for her.
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Post by snowbird Tue Jun 05, 2012 8:40 am

Puzzler wrote:http://www.people.com/people/article/0%2c%2c20601178%2c00.html

Kyron Horman's Room Still Awaits Him – Two Years Later

Crying or Very sad
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Post by CuriousPortlander Tue Jun 05, 2012 6:30 pm

Puzzler wrote:
CuriousPortlander wrote:
Puzzler wrote:Terri was not the last person to see Terri per the Deputy Sheriff at the time (can't recall his name right now). Terri left the school at 8:45 and Kyron was seen at 9:00 per witnesses, per the Deputy Sheriff.

Found the article: http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_chronology_of_eve.html

snipped:

"9 a.m. Kyron is reportedly seen by a student near the south entrance of the school, according to Sheriff Dan Staton, who says that was the last time the boy was seen. Multnomah County authorities later backtrack on that statement."


CuriousPortlander - TY for the info.

IIRC...wasn't this timeline backed up by the boy's mother appearing publicly - regardless of LE retracting?

I vaguely recall that too, but I think they later determined the time of this siting was actually earlier than they originally thought (but I could be wrong).
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Post by CuriousPortlander Tue Jun 05, 2012 6:31 pm

Here's a link to the actual lawsuit:

http://katubim.s3.amazonaws.com/Terri%20Horman%20Lawsuit.pdf
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Post by CuriousPortlander Tue Jun 05, 2012 9:09 pm

Have been looking for Houze's response to lawsuit. Found this on WS and copied from Twitter (Kyle Iboshi is a reporter from KGW.com here in Portland):

Kyron Horman's Mom Plans To File CIVIL SUIT  AGAINST TERRI HORMAN! KIboshiTweet
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Post by Puzzler Wed Jun 06, 2012 2:03 am

CourisPortlander - TY for the information

Exactly the reaction I expected from Houze; he doesn't "do" the press.
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Post by Guest Wed Jun 06, 2012 7:37 am

Curious, thanks for sharing links w/us.

Puzzler is right about Houze, imo, he will wait until the 30th day, I understand Houze had 30 days to respond, on the 30th day, he will file to have it dismissed imo.

A court hearing will be set by the Judge. The reality is, the BURDEN is on Desiree to produce enough evidence to the Judge that this is a viable case so it isn't thrown out.

Can she? I don't know. But in any case, she is no worse off, she is trying to do something, nothing may ever happen in the Criminal Case, but imo, Desiree has been misled by her attorney if she thinks the Civil Case is going to produce the information she is seeking.

imo, that was a big mistake made by John Morgan in the Civil Suit against KC by ZG. He said on National TV "we are going to ask questions about Caylee." (yadayadayada) Absolutely nothing has been accomplished in that case as of yet, except another promised trial date of 2013. imo, it's a mistake for attorney's to make claims that can't accomplish, it diminishes the purpose of the lawsuit & they look foolish.

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Post by Guest Wed Jun 06, 2012 7:55 am

Hey Snowbird & Soprano1 , glad you joined the discussion on little Kyron.

CuriousPortlander shared:Word around town is that TH is keeping pretty well hidden at her parents in Roseburg. Any sigtings of her used to be reported on local news, but there's been nothing for a long time. A local reporter said TH's parents still have a sign posted on their door saying to contact Houze for any info (that they will not do interviews), and that the parent's phone number has been disconnected. Hard to believe that Kiara is 3 1/2 years old already, and that TH hasn't seen her in two years. If that wasn't enough to get TH to talk, I don't think anything will.

Sadly CuriousPortlander, your statement imo, is the most important element of this whole case, TMH loved Kitty more than anything or anyone EXCEPT herself. Her silence & freedom is worth more than visiting Kitty, her choice to not visit speaks volumes.

In other cases, such as little Haleigh's, those, imo that were involved in Haleigh's homicide either participating or after the fact in disposal of the body, are not talking, they are serving time on Drug Charges. "There are no deals for murder," as Pat Brown has said "if you participated." Eventually the scumbags are going to again have their freedom, even though they still have years to serve. If they admit what happened to Haleigh, they may NEVER be free.

imo, TMH is in the same boat, she has her freedom, she isn't going to ever get a deal, her freedom is worth more than any visitation w/Kitty, even if she did SHARE about Kyron, she still wouldn't have visitation w/Kitty, she'd go to jail.

I am forever amazed at how forgiving children can be of a parent, especially when they become young adults. Drew Peterson is a good example, his adult children DON'T CARE, they want their dad free. Kaine isn't going to have control of Kitty the rest of her life, possibly until she becomes 18 & goes to college.

https://www.facebook.com/pages/Missing-Kyron-Horman/125336750831264

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Post by Sherry Sat Jun 09, 2012 11:27 am

Here is an age enhanced photo~
http://www.kgw.com/thesquare/Hot-Story-Kyron-Horman---Two-Years-Later-157107655.html

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