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Author Topic: Kyron Horman, 7 years old, Portland, OR #45 1/1/14 - 8/8/2015  (Read 443612 times)
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Tamikosmom
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« Reply #280 on: February 19, 2014, 10:41:08 PM »

Horman court hearing scheduled for Valentine's Day is postponed
February 13, 2014 at 6:29 PM, updated February 13, 2014 at 6:31 PM


A hearing in the pending child custody case between Terri Moulton Horman and ex-husband Kaine Horman , originally scheduled for the morning of Valentine's Day, was postponed until next week.

Multnomah County Circuit Court Judge Henry J. Kantor will hear legal arguments from both sides at 9 a.m. on Feb. 20.


<snipped>

Kantor in December ruled that Kaine Horman's lawyer can call their ex-landscaper Rodolfo Sanchez as a witness to testify about any alleged murder-for-hire plot in the custody case, but that Terri Horman's lawyers can't cross-examine Sanchez about Sanchez's communications with investigators. The judge said those details are protected by "law enforcement privilege.''

But the judge invited each side to submit legal briefs to guide him on how he should use Sanchez's testimony for the custody case.

<snipped>

Kaine Horman's lawyer, Brett Engel, has argued in court that Terri Horman's lawyers are using the custody case "to find out what's going on with law enforcement.'' Engel told the court that he tracked down the landscaper on his own and questioned him in a deposition about the alleged murder-for-hire scheme that occurred before law enforcement was involved.

<snipped>

http://www.oregonlive.com/portland/index.ssf/2014/02/horman_court_hearing_scheduled.html



REMINDER
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« Reply #281 on: February 20, 2014, 11:39:44 AM »

Kaine, Terri Horman back in court for divorce hearing
Posted: Feb 20, 2014 5:50 AM PST
Updated: Feb 20, 2014 8:08 AM PST


Kaine and Terri Horman are both expected back in court Thursday for another divorce hearing. The parents are fighting for custody of their daughter Kiara.

The hearing will address testimony concerning an alleged murder-for-hire plot involving Terri Horman and landscaper Rudy Sanchez.

Kaine Horman plans to use testimony from Sanchez to support his claims that Terri is unfit to parent.

In this complicated divorce case, both sides have battled over what evidence from the criminal investigation into Kyron's disappearance can be used. It's been more than three years since the little boy went missing from Skyline School.

Law enforcement has never named Terri as a person of interest or a suspect in the case, but Kyron's biological parents have been vocal about their suspicions she was involved in the boy's disappearance.

<snipped>

http://www.kptv.com/story/24774249/kaine-terri-horman-back-in-court-for-divorce-hearing-thursday
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« Reply #282 on: February 20, 2014, 12:09:40 PM »

Thanks Maxine!!!

Janet

++++++

Horman hearing: Judge seeks input on how to handle landscaper testimony (live updates)
By Maxine Bernstein | mbernstein@oregonian.com
on February 20, 2014 at 8:53 AM, updated February 20, 2014 at 9:00 AM


( I'll be covering the hearing live - check the comments section of this story for continual updates. )

Lawyers for Kaine Horman and his ex-wife Terri Moulton Horman return to court Thursday to debate how a judge should consider testimony from the Horman's former landscaper in the pending custody case involving their daughter.

Terri Moulton Horman is in court with her attorneys, as his Kaine Horman.

Kaine Horman's attorneys have argued in court papers that "no restrictions'' should be placed on their ability to use the testimony they've obtained from Rodolfo Sanchez, the landscaper.

Sanchez, in a deposition, said Terri Horman had solicited him to help kill her husband five months before Kyron Horman - Kaine Horman's son and Terri Horman's stepson - disappeared in June 2010, according to court documents.

<snipped>

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html
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« Reply #283 on: February 20, 2014, 12:13:17 PM »

Reminder

BRETT E. ENGEL - LEGAL BRIEFING - FEBRUARY 10, 2014

Court Documents for 2-14-14


Page 3

" ... There is a trial scheduled for June 11, 2014 on the issue of what parenting schedule is in the best interests of Kiara Horman, age 5.  Father will ask the court to deny parenting time between Kiara and her Mother because Mother presents a credible threat to the health and safety of Kiara.  Father will offer testimony from Rodolfo Sanchez that (a) Mother solicited Sanchez's help to kill Father several months before the disappearance of Father's non joint child Kyron and (b) Mother sought to kill Father so she would not lose custody of joint child Kiara. ...."

Page 8-9

" ...Mother would have this court believe that she has no options, and having Sanchez testify regarding the "meeting" is the only way she can show parenting time with Kiara is appropriate.  Nothing could be further from the truth.  There were apparently two people present at the "meeting".  Mother and Mr. Sanchez.  Sanchez is precluded from testifying about the meeting because the meeting is privileged.  Mother is not prevented from testifying about the meeting and could so if she did not choose her right against self-incrimination over her right to explain what may have transpired at the meeting.  Father's right should not be impacted because Mother is choosing her right to remain silent over her ability to present testimony that rebuts the Sanchez testimony.  A litigant's decision to invoke the Fifth Amendment again self-incrimination is not without adverse consequences for the litigant. ...." 


Dated this 10th Day of February
Brett E. Engel .....

https://www.facebook.com/media/set/?set=a.578520868904505.1073741831.161645780592018&type=1
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Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
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« Reply #284 on: February 20, 2014, 12:15:59 PM »



Kaine Horman, with his attorney Brett Engel, at a prior appearance in Multnomah County Circuit Court before Judge Henry Kantor. (Michael Lloyd/The Oregonian)
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« Reply #285 on: February 20, 2014, 12:25:56 PM »

Maxine Bernstein | mbernstein@oregonian.com
16 minutes ago

Attorney Brett Engel: Says he objects to debate about matters that's already been decided by the judge. (instead of standing each time to object)

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html

+++++++

DECEMBER 16, 2013

Horman child custody case: Landscaper can testify, but won't be cross-examined about his work with law enforcement
on December 16, 2013 at 12:34 PM, updated December 16, 2013 at 5:45 P
M

Kaine Horman's lawyers will be able to call landscaper Rodolfo Sanchez as a witness to testify later this week about an alleged murder-for-hire plot he says Terri Moulton Horman concocted in 2010 as Terri Horman seeks temporary custody of her daughter.

But Terri Horman's lawyers will not be allowed to cross-examine Sanchez about his last 15-minute meeting with their client, organized as a sting operation by law enforcement after her stepson Kyron Horman's disappearance from Skyline School in June 2010, a judge ruled Monday.

<snipped>

http://www.oregonlive.com/portland/index.ssf/2013/12/post_389.html


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« Reply #286 on: February 20, 2014, 12:33:38 PM »

Thanks Maxine!!!

Janet

++++++

Horman hearing: Judge seeks input on how to handle landscaper testimony (live updates)
By Maxine Bernstein | mbernstein@oregonian.com
on February 20, 2014 at 8:53 AM, updated February 20, 2014 at 9:00 AM


( I'll be covering the hearing live - check the comments section of this story for continual updates. )

Lawyers for Kaine Horman and his ex-wife Terri Moulton Horman return to court Thursday to debate how a judge should consider testimony from the Horman's former landscaper in the pending custody case involving their daughter.

Terri Moulton Horman is in court with her attorneys, as his Kaine Horman.

Kaine Horman's attorneys have argued in court papers that "no restrictions'' should be placed on their ability to use the testimony they've obtained from Rodolfo Sanchez, the landscaper.

Sanchez, in a deposition, said Terri Horman had solicited him to help kill her husband five months before Kyron Horman - Kaine Horman's son and Terri Horman's stepson - disappeared in June 2010, according to court documents.

<snipped>

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html

Tamikosmom - TY for this link - it's interesting to read the attorney arguments while it's happening.
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« Reply #287 on: February 20, 2014, 01:13:25 PM »

Maxine Bernstein | mbernstein@oregonian.com
1 minute ago

Judge Kantor takes 10 minute break. He says he'll be back at 10:30 a.m. to issue his ruling.

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html

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Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

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« Reply #288 on: February 20, 2014, 01:29:26 PM »

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html

Hearing is over.

Comments from Maxine Bernstein:


Maxine Bernstein | mbernstein@oregonian.com7 minutes ago

Judge said, it's true, that he did not consider Terri Horman's constitutional arguments at prior hearing, because they were not expressed.

Said there's no basis for him to reconsider the ruling, and is not going to do.

If he were to reconsider the ruling, I'd adhere to my initial decision. "It would not change,'' Kantor says.

Maxine Bernstein | mbernstein@oregonian.com3 minutes ago
Judge Kantor also says:

"I will not prohibit the evidence at this time."

I will allow Mr. Horman and Ms. Horman to provide a complete record.

It is likely that I will give zero to very little weight that cannot be held up to cross-examination or impeachment.

So if the Sanchez testimony turns out to be the only basis to the Kaine Horman case, "perhaps a fresh look has to be in order,'' judge says.

Judge : "I am not going to abate this case.. People's lives have to move on.''

There may be appellate review of my decisions. "It's only going to get worse or more difficult,'' if there's a delay. "So we're going to go forward. There is no plan for me to delay or abate these proceedings.''
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« Reply #289 on: February 20, 2014, 01:33:08 PM »

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html



Maxine Bernstein | mbernstein@oregonian.com2 minutes ago

To recap:

Judge will allow Kaine Horman's lawyers to present testimony from the landscaper Rodolfo Sanchez, and won't allow cross-examination of the landscaper on any matters involving his last 15-minute conversation with Terri Horman, or his talks with law enforcement.

But judge said he will give little or no weight to evidence that's presented where cross-examination is not permitted.
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« Reply #290 on: February 20, 2014, 01:55:37 PM »

Could it be IF the judge allows Rudy Sanchez' testimony of the MFH restaurant meeting as evidence ... Terri's motion for parenting time with Kiara will be withdrawn.  In other words ... the June 11, 2014 sceduled trial will not happen?

Janet

+++++

BRETT E. ENGEL - LEGAL BRIEFING - FEBRUARY 10, 2014

Court Documents for 2-14-14

Page 3

" ... There is a trial scheduled for June 11, 2014 on the issue of what parenting schedule is in the best interests of Kiara Horman, age 5.  Father will ask the court to deny parenting time between Kiara and her Mother because Mother presents a credible threat to the health and safety of Kiara.  Father will offer testimony from Rodolfo Sanchez that (a) Mother solicited Sanchez's help to kill Father several months before the disappearance of Father's non joint child Kyron and (b) Mother sought to kill Father so she would not lose custody of joint child Kiara. ...." 

Dated this 10th Day of February
Brett E. Engel .....


https://www.facebook.com/media/set/?set=a.578520868904505.1073741831.161645780592018&type=1


Could it be that the June 11, 2014 hearing will not happen?  Something akin to October, 2010 ... rather than confronting Rudy Sanchez and risking want may be revealed regarding a relationship that went beyond landscaping ... could it be that Terri will again withdraw her motion requesting parenting time with Kiara.

Think about it.  Why did Terri feel confident approaching Rudy with the MFH plot?

Janet

+++++

Kyron's father wants step-mom Terri to leave home sooner
Posted on July 14, 2010 at 10:48 AM
Updated Thursday, Jul 15 at 6:09 PM


<snipped>
 
Similarities to Murder-for-Hire plot

Monday's court filing also stated that police had told Kaine that Terri's "sexual overtures to Mr. Cook resemble those made to the man Respondent (Terri Horman) attempted to hire to murder Petitioner (Kaine)."

<snipped>

http://www.kgw.com/news/Court-doc-Kaine-Terri-Horman-kyron-horman-contempt-sexting-98270654.html

http://images.bimedia.net/documents/horman-affair.pdf


"I am told by sources that Terri was involved in an intimate relationship with Rudy Sanchez at some point. The extent of which, to my knowledge has not been verified."  Blink - July 20, 2010

http://blinkoncrime.com/2010/07/14/kyron-horman-missing-and-endangered-landscaper-rudy-sanchez-knew-kyron/#comments
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« Reply #291 on: February 20, 2014, 02:50:15 PM »

Maxine Bernstein | mbernstein@oregonian.com

35 minutes ago

After court hearing, Kaine Horman spoke to reporters in the lobby of the courthouse.
He had removed his suit jacket and blue dress shirt to reveal a white T-shirt bearing his missing son Kyron's face.

Kaine Horman said he's glad that the custody case is moving foward, but he wants the focus to remain on the search and investigation to find his missing son, and make sure the person responsible for Kyron's disappearance is held accountable.

Terri Horman left the court, with no comment.

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html
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Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

A person of integrity expects to be believed and when hes not, he lets time prove him right. -unknown
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« Reply #292 on: February 20, 2014, 03:31:26 PM »

WAS THE WRITING ON THE WALL?

Considering the testimony of Rudy Sanchez is crucial in furthering Kaine's contention that Terri should not have contact with Kiara ... I contend that the following statement by Don Rees and Carlos J. Calandriello appear to be influencing the judge's ruling in Terri's favor.  In other words ... Rees and Calandriello's alleged "hands off" approach is not a reality.

Could it be that for "investigative reasons" Don Rees and Carlos J. Calandriello do not want Sanchez testimony cross-examined by either side of the dispute at this point in time?  In other words ... Engel's argument today was all in vain.  The writing was on the wall.  Judge Kantor would reverse his ruling of December 16, 2013 and would not allow Sanchez to be cross-examined in regards to the meeting at the restaurant.

Janet

+++++


Horman custody case: Prosecutors, sheriff now appear to take 'hands off' approach to dispute over landscaper testimony
on February 11, 2014 at 1:22 PM


<snipped>

Rees and Calandriello, in their joint brief filed in court Monday, said the custody case "is unlikely to be limited to the testimony of a single witness, and it is unclear what weight, if any, the Court should give to the proposed Sanchez testimony.''

Yet in a footnote in their brief, the county attorneys argue that Terri Horman's request to the court to change its ruling that restricted any further questioning or cross-examination of Sanchez represents an "impermissible motion for reconsideration.''

<snipped>

http://www.oregonlive.com/portland/index.ssf/2014/02/multnomah_county_prosecutors_s.html

https://www.facebook.com/media/set/?set=a.470964103009061.1073741832.447519192020219&type=1

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Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

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« Reply #293 on: February 20, 2014, 03:42:49 PM »

WAS THE WRITING ON THE WALL?

Think about the terminology "limited weight" used by Judge Kanor in today's ruling.  Think about the above words used by Rees and Calandriello in their joint filings of February 11th.

Again ...  could it be the Rees and Calandriello have "investigative reasons" why Rudy Sanchez should not be cross-examined by the attorneys of either parent?

Janet

+++++


Terri Horman's lawyer blocked from questioning landscaper
Posted on February 20, 2014 at 9:26 AM
Updated today at 12:05 PM


PORTLAND -- Terri Horman's lawyer will not be allowed to question a former family landscaper as part of his client's child custody battle with Kaine Horman.

The decision was made during a hearing in Multnomah County court Thursday.
Kaine's attorneys brought up an alleged murder-for-hire plot involving the landscaper as one of the key reasons why Terri should not have contact with the estranged couple's five-year-old daughter Kiara.

After hearing arguments from both sides, judge Henry Kantor ruled that he would give "limited weight" to testimony from landscaper Rodolfo "Rudy" Sanchez, but he "can not be cross examined or impeached" in the upcoming Horman trial.

<snipped>

http://www.kgw.com/news/Terri-Horman-fights-To-Question-Landscaper-242247221.html
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Loving Natalee - Beth Holloway
Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

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« Reply #294 on: February 20, 2014, 03:49:43 PM »

"We still have extreme confidence that theyre going to drive resolution to the case. Law Enforcement is again asking us to help protect the information as much as we can, so it doesn't interfere with the integrity of what theyre doing. And were doing our best in the civil arena to do that. Pressing forward to find Kyron and protect my daughter are the two things that are in the highest priorities. Kaine Horman - Press Conference - July 30, 2013

http://koin.com/2013/07/30/31700-autosave/
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Loving Natalee - Beth Holloway
Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

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« Reply #295 on: February 20, 2014, 04:01:19 PM »

Maxine Bernstein | mbernstein@oregonian.com

3 hours ago

Kaine Horman's lawyer Brett Engel:

"If you agree with what they're asking, you must abate this case and I will tell you why,'' Engel says.

Engel said his client will be at a disadvantage if Terri Horman asserts the Fifth Amendment against self-incrimination.
If Terri Horman refuses to answer questions, Engel argues, she must bear the consequence of limited evidence.

"What people seem to forget here is that this protected Sanchez information benefits her. I don't have this information either,'' Engel said.

Says Kaine Horman would love to have the law enforcment information, but he doesn't.

Engel said he found Mr. Sanchez to depose, while Terri Horman's lawyers spent the day speaking to teachers.

Engel says the court already ruled that Sanchez can testify about alleged murder-for -hire plot.

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html

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Loving Natalee - Beth Holloway
Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

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« Reply #296 on: February 20, 2014, 04:04:24 PM »

Maxine Bernstein | mbernstein@oregonian.com

3 hours ago

Engel: "Who is going to bear the consequence for this court not having complete information?....The reason the court will not have full information is because she's taking the Fifth ,'' Engel says, referring to Terri Horman.

How can the court ignore the "direct safety risk'' that Mr. Sanchez speaks of? Engel asks.

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html

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Loving Natalee - Beth Holloway
Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

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« Reply #297 on: February 20, 2014, 04:05:54 PM »

Maxine Bernstein | mbernstein@oregonian.com

3 hours ago

Engel: The Sanchez testimony they want to strike all came before law enforcement involvement, he argues.

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html
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Loving Natalee - Beth Holloway
Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

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« Reply #298 on: February 20, 2014, 04:08:08 PM »

Maxine Bernstein | mbernstein@oregonian.com

3 hours ago

Judge Kantor asks Engel if he plans to call Terri Horman as a witness.

"If I did, she would take the Fifth,'' Engel replies. Engel says he doesn't know what purpose that would serve, and hasn't decided yet.

Engel argues that he's prevented from meeting the burden of proof, if he can't use the Sanchez testimony at all.

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html
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Loving Natalee - Beth Holloway
Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

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« Reply #299 on: February 20, 2014, 04:10:28 PM »


Maxine Bernstein | mbernstein@oregonian.com

3 hours ago

Judge Kantor: Says he has concerns about how long this could go on, if he were to delay or abate this child custody case. The state could take 15 years to resolve this, he said.

"The more time that goes by without contact between mother or daughter,'' the more difficult it would be to repair that relationship, the judge says.

"I appreciate there's not one good answer'' on how to move forward, the judge said, but asked Engel how delaying this further would achieve anything versus doing the best job the court can do to get a resolution.

http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html




http://www.oregonlive.com/portland/index.ssf/2014/02/post_437.html
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Loving Natalee - Beth Holloway
Page 219: I have to make difficult choices every day.  I have to make a conscious decision every morning when I wake up not to be bitter, not to live in resentment and let anger control me.  It's not easy.  I ask God to help me.
_____

A person of integrity expects to be believed and when hes not, he lets time prove him right. -unknown
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