Kyron Horman, 7 years old PORTLAND, OR #2 6/30/10 - 7/5/10

[ospainter]

Klaas

I am sorry, didn't see it before I posted. Can you snip it for me?

TY

OS

[JessStar]

Wyks, et al...

Well... Only thing I'm coming up with is the link to Seamus O Riley, re the 'in parte' thing.. Is that the one you are referring to?  If not, plz give me another clue.  lol

I am not sure what the original inquiry was, but are you sure the term is "in parte" rather than "ex parte"? 

An ex parte hearing is one held with only one party (usually the plaintiff) present.  The defendent has not been served or advised that the hearing will be taking place.  This is usually the case when CPS goes in and takes possession of children.  They conduct an ex parte hearing before a judge presenting the pertinent facts/reasons for taking the children, and if the judge agrees he will issue the orders allowing CPS to take the children. 

Generally in order for a hearing to be legal, both parties must have been given notice; an ex parte hearing is an exception to the rule.

LOL!  Good catch, Flutter!  Yes, you are exactly right, it's 'ex parte' not 'in parte', whatever possessed me??  <grins>  Thanks for explaining what that is as well.  That helps in trying to make sense of this whole thing!

 

Let me add to this a little if I can.  A TRO (temporary restraining order) is typically VERY difficult to obtain.  It is, by its very nature, an emergency order obtained ex parte.  The reason is that, in order to even obtain a TRO, you need to convince the judge (a) that there's the need for immediate relief and (b) telling the other side would be detrimental to the relief requested (among other things).  In other words, you need to convince the judge that telling the other side would increase the likelihood that the "thing" you're trying to prevent will occur if you give the other side notice.  If the judge isn't convinced that the case is such an emergency that you can't give the other side notice and an opportunity to be heard, the request will be denied, and the plaintiff will need to seek a preliminary injunction instead. 

Thank-you JessStar, I guess what is bothering me in all this, let's say the person is lying and making up things though sounds very convincing, does the judge just go with that, or is this all checked out? A person can be very convincing, and since a young boy is missing, and since the person who was last seen with him is the person that the restraining order is being put on that person, would it be easier in that respect, and perhaps things not checked out as well.

Quite true, NRCG, and a very valid concern.  During the ex parte hearing, evidence is taken, and part of the judge's job is to judge the credibility of the witness(es).  Because of the emergency nature of a TRO, that's really it, with the exception that the lawyer seeking the TRO is an officer of the court and subject to discipline, up to and including disbarment, if he/she files for a TRO knowing the facts he/she is relying upon to support it are false.

[Brandi]

Terri Moulton Horman retains Portland criminal defense attorney Stephen Houze
Published: Wednesday, June 30, 2010, 7:09 PM     Updated: Wednesday, June 30, 2010, 7:53 PM

http://www.oregonlive.com/portland/index.ssf/2010/06/terri_moulton_horman_retains_p.html

http://www.shouze.com/

Portland criminal defense lawyer Stephen Houze has, for 35 years, maintained an exclusively criminal defense practice in Oregon's state and federal courts. His practice covers a wide spectrum of serious criminal matters, ranging from death penalty defense, a major federal terrorism case, white collar fraud and environmental cases, drug cases, sexual assault cases, and professional discipline matters.

[Itaryl Moosee]

About quoting articles...

I do not quote verbatum... I merely say it in my own words and post the link to the news article.

That way tight-arsed media outlets don't get their panties crunched up in a bunch.



p.s.
I got an idea about smilies...

If the person writing the post can just write the code to the smiley, then the rest of us can visualize it as being real.

Like ::monkeywink::

or ::monkeystongueout::

... never mind.

[KittyMom]

I have a question about the RO.  How is it possible for Kaine to get an RO that involves James.  Wouldn't James' guardian need to be the one seeking an RO for him? 

Also, where is James right now if Terri's parents are both staying with her?

[Brandi]

Terri Horman posted comments on KATU.com
By Dan Tilkin KATU News and KATU.com Staff

PORTLAND, Ore. - KATU News has been tracking postings by Kyron Horman’s stepmother, Terri Horman, on KATU.com’s comment section. While there are no bombshells in them it is the first time she has communicated publicly about her stepson’s disappearance.

KATU News traced her user ID to an e-mail address, which it then traced to a professional Internet profile in the name of Terri Horman. The account was set up well before Kyron disappeared.

In the postings, Terri defends herself against all kinds of accusations.

More at: http://www.katu.com/news/local/97541389.html

[KittyMom]

I think the RO came about from the 911 calls that were made.  There was a good 4 hours between calls and the second call was said to be a custody dispute.  Maybe there was threat of a firearm being used?

[Tamikosmom]

Tracygirl

It is now 9:00 PM PT and ... I am beat.  However ... I will do some googling (sounds obscene LOL) tomorrow and attempt to find those articles you are referring to.

Good Night All

Janet
 

[Claycat]

Terri Horman posted comments on KATU.com
By Dan Tilkin KATU News and KATU.com Staff

PORTLAND, Ore. - KATU News has been tracking postings by Kyron Horman’s stepmother, Terri Horman, on KATU.com’s comment section. While there are no bombshells in them it is the first time she has communicated publicly about her stepson’s disappearance.

KATU News traced her user ID to an e-mail address, which it then traced to a professional Internet profile in the name of Terri Horman. The account was set up well before Kyron disappeared.

In the postings, Terri defends herself against all kinds of accusations.

More at: http://www.katu.com/news/local/97541389.html

The last comment on the second page was that they had heard a rumor that Kyron's body was found on Sauvie Island today!

[Claycat]

Actually, it's not the last comment any longer.  It's the one by at71177.

[Gypsy DD]

Terri Moulton Horman retains Portland criminal defense attorney Stephen Houze
Published: Wednesday, June 30, 2010, 7:09 PM     Updated: Wednesday, June 30, 2010, 7:53 PM

http://www.oregonlive.com/portland/index.ssf/2010/06/terri_moulton_horman_retains_p.html

http://www.shouze.com/

Portland criminal defense lawyer Stephen Houze has, for 35 years, maintained an exclusively criminal defense practice in Oregon's state and federal courts. His practice covers a wide spectrum of serious criminal matters, ranging from death penalty defense, a major federal terrorism case, white collar fraud and environmental cases, drug cases, sexual assault cases, and professional discipline matters.

I think the lawyer she has chosen and his practice says it all.

I wanted to comment earlier that everyone was saying only Terri was polygraphed..not true..
Kaine was polygraphed also.  And there maybe other firends and acquanticies of theirs that were too..we just don't have the entire story yet.

But I still believe that Terri put her children in harms way by her lifestyle choices..drugs and sex.  She may have acted alone..but I doubt that..I think she knows who did this..and LE is trying to complete the puzzle.  There is a reason that she has not been arrested..and I think it is because other arrests will also take place.

I do not believe that there should be any problem with where James was...because frankly ..I can see where with the 3 sets of parents..add in grandparents..the reporters just didn't quite understand what each was saying.  He very well could have been at boy scout camp, with his Mom and with his grandparents..not all at once..but certainly over a period of a few days or week.   My grandaughter is here daily and with her Mom and with her Dad and with her other grandmother..so I can understand the confusion.

[Peace]

I must say, I was initially all for this pointing to Terri. In my initial assessment, I was bothered that the logical conclusion had Terri as the one who found this a lower risk opportunity. I failed to bring this 360 (reviewing in a circular pattern). I should have.
Wyks, there is something bothering me about Kaine's actions. There is much bothering me about his brother and his brother's accusations toward the grandfather sexually molesting him. I admit, I may be late to the draw on this. Today, I am picking up what you are putting down, and I am uncomfortable. Discomfort is a good thing in my world. It tells me something is wrong.
Rob, I too have struggled with how Terri could take picture of smiling Kyron, then kill him.
There is something missing here; a big piece in my estimation.
I do know that Kyron could not have disappeared without some assistance from Terri's presence, but what if Terri didn't know she was assisting.
Terri AND Kaine went to workout at the gym just after Kyron disappeared, as reported by news reporters who interviewed them at the gym. Different than just Terri doing so.....
This picture isn't right. My gut is saying setup at the moment, but I admit that is a 180 from my initial thoughts. I simply cannot ignore the lack of plausible explanation that is troubling me so.
 

[dodade]

Terri Horman posted comments on KATU.com
By Dan Tilkin KATU News and KATU.com Staff

PORTLAND, Ore. - KATU News has been tracking postings by Kyron Horman’s stepmother, Terri Horman, on KATU.com’s comment section. While there are no bombshells in them it is the first time she has communicated publicly about her stepson’s disappearance.

KATU News traced her user ID to an e-mail address, which it then traced to a professional Internet profile in the name of Terri Horman. The account was set up well before Kyron disappeared.

In the postings, Terri defends herself against all kinds of accusations.

More at: http://www.katu.com/news/local/97541389.html

The last comment on the second page was that they had heard a rumor that Kyron's body was found on Sauvie Island today!

I heard that too...although it wasn't today he was found and it was a friend of the school's principal that supposably leaked that.

[Claycat]

Here's a video of Harry Oakes and his dogs searching!

[Claycat]

Oops!

http://www.kptv.com/video/24102191/index.html

[klaasend]

Here's a video of Harry Oakes and his dogs searching!

http://www.kptv.com/video/24102191/

[Peace]

I see Terri as being bloated perhaps by alcohol, depressed, yet trying to do the right thing. I see Kaine as a publicly likeable person. Behind closed doors he may be a self- serving egoist. That is unknown. Terri is helping raise his child. He met her during her care of Kyron. As a stay at home mom, she has little maneuverability. It is her job to care for the children. A woman’s sex drive is markedly decreased during the first two years of a child life (some theorists have biological survival instincts as the reason) The likelihood of her being sexually motivated so soon after the birth of an infant is very low.  Terri, once enjoyed body-building but has since seemed to let that take back-seat. We see her finding joy on Facebook in playing games. So, she has all the responsibilities of raising the children, has possibly neglected herself to do so, and her eldest child, is at odds with her husband.
 Desiree had taken out a protective order against Kaine, which may suggest a harmful aspect to Kaine; a man who leaves a woman during pregnancy, a woman who needs kidney therapy.  He,  in my mind,  is not the best in character if this is true. I think of this as a true egoist. Likely Desiree would find a common ground with Kaine as he holds her son in his possession. There is no other way than to try to get along. Did Kaine choose weaker women to satisfy his need for control? Was this man able to manipulate a couple of women to satisfy his own needs? He is not unintelligent.  I offer this opposing view for others to contemplate.  Criminology brings a collection of data to assist. Human beings bring their own life experiences. The jaded singular view cannot trump, but can aid in assessment as all data recorded is never truly all data. JMO

[klaasend]

I see Terri as being bloated perhaps by alcohol, depressed, yet trying to do the right thing. I see Kaine as a publicly likeable person. Behind closed doors he may be a self- serving egoist. That is unknown. Terri is helping raise his child. He met her during her care of Kyron. As a stay at home mom, she has little maneuverability. It is her job to care for the children. A woman’s sex drive is markedly decreased during the first two years of a child life (some theorists have biological survival instincts as the reason) The likelihood of her being sexually motivated so soon after the birth of an infant is very low.  Terri, once enjoyed body-building but has since seemed to let that take back-seat. We see her finding joy on Facebook in playing games. So, she has all the responsibilities of raising the children, has possibly neglected herself to do so, and her eldest child, is at odds with her husband.
 Desiree had taken out a protective order against Kaine, which may suggest a harmful aspect to Kaine; a man who leaves a woman during pregnancy, a woman who needs kidney therapy.  He,  in my mind,  is not the best in character if this is true. I think of this as a true egoist. Likely Desiree would find a common ground with Kaine as he holds her son in his possession. There is no other way than to try to get along. Did Kaine choose weaker women to satisfy his need for control? Was this man able to manipulate a couple of women to satisfy his own needs? He is not unintelligent.  I offer this opposing view for others to contemplate.  Criminology brings a collection of data to assist. Human beings bring their own life experiences. The jaded singular view cannot trump, but can aid in assessment as all data recorded is never truly all data. JMO

Can you provide a link to where Desiree took out a protective order against Kaine please?

[Claycat]

Good insight, Peace! 

[Wyks]

Many thanks to Eric and Cary of DreamLife Northwest for donating the use of a boat for Harry n dogs today, as well as a driver and the gas for the search for Kyron.  It's SO awesome that a local business would help out at a moments notice, for Kyron.  Heartwarming.  <monkey hugs!>

Here's their site:

http://www.dreamlifenorthwest.com/index.php