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Author Topic: Desiree Young V. Terri Moulton Horman Legal Documents  (Read 7537 times)
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MuffyBee
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« on: June 02, 2012, 03:25:18 PM »

DESIREE YOUNG, an individual, Plaintiff V. TERRI HORMAN a.k.a.TERRI MOULTON a.k.a TERRI MOULTON HORMAN, an individual, Defendent

« Last Edit: July 26, 2012, 08:50:57 AM by MuffyBee » Logged

  " Everyone is entitled to his own opinion, but not his own facts."  - Daniel Moynihan
MuffyBee
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« Reply #1 on: July 26, 2012, 08:51:10 AM »

Here's a link to the actual 30-page motion that Peter Bunch submitted:

http://images.bimedia.net/documents/abate.pdf


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  " Everyone is entitled to his own opinion, but not his own facts."  - Daniel Moynihan
sassifrass
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Where are you Kyron?


« Reply #2 on: August 22, 2012, 12:37:08 PM »

Judge Kantor's motion to deny abatement. Filed Aug. 20, 2010

http://images.bimedia.net/documents/kyron+judge+doc+821.pdf
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Jazzy
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« Reply #3 on: August 22, 2012, 05:50:35 PM »

Finally some good news http://www.katu.com/news/local/Judge-in-civil-case-writes-Terri-Horman-is-suspect-in-Kyron-case-166965376.html Judge calls Terri Horman 'suspect,' rules civil suit can continue

Now hopefully they will be able to arrest her and get her to talk
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cw618
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« Reply #4 on: October 13, 2013, 03:55:32 PM »

Desiree Young's civil suit was sited twice in this, Testimony in support of House Bill 2014
so i thought this would be the best place to post it
---------------
Blogolitical Sean
Sean Aaron Cruz hopes to see Oregon's landmark anti-kidnapping statute "Aaron's Law", named for his late son Aaron Cruz, taken into Utah in a Mormon kidnapping, enacted nationwide.
http://blogoliticalsean.blogspot.com/
---------------
PDF of Testimony in support of House Bill 2014

Access to Justice Denied:
Parental, Family and
Organized Child Abduction in Oregon
By Sean Aaron Cruz
April 12, 2013
Testimony in support of House Bill 2014, sponsored by State Representatives Alissa Keny-Guyer, Brent Barton, Chris Garrett, and Wayne Krieger
© Sean Aaron Cruz 2013
Permission to copy and share granted

pg 16
B. Who you serve and 142 reasons why:
Aaron’s Law is intended to serve as a powerful deterrent to persons considering aiding in a parental, family or organized child abduction. The prospect of defending oneself against liability for
“(a) Special and general damages, including damages for emotional distress; and
(b) Punitive damages”, as well as attorney’s fees, would discourage many from joining in facilitating a kidnapping.
The Kyron Horman abduction illustrates the concept very plainly.
continued on pg 17
The Kyron Horman abduction illustrates the concept very plainly.
The disappearance of 8-year old Kyron Horman nearly three years ago triggered the largest search effort in Oregon history. No criminal charges have been filed in the case, and police have released an age-progressed image of what they think Kyron might look like today.
Last seen in the company of his step mom, Terri Horman, the multiple searches turned up no trace of the child. Law enforcement has named no suspects or persons of interest, officially, although those terms
most certainly describe Kyron’s step mom Terri Horman and her close friend DeDe Spicher, unofficially.
Both women have stubbornly refused to account for their whereabouts during the crucial two hours on the morning of June 4, 2010, when Kyron vanished from the face of the earth, as did these two women, albeit temporarily in their cases.
With both the criminal and family law courts at a stand still, unable to move forward, Kyron’s mother Desiree Young filed a civil suit against Terri Horman, alleging that the step mom knows where Kyron is and whether he is dead or alive.
DeDe Spicher invoked the 5th Amendment 142 times during her deposition

pg 18,19,20
VI. Case Study: Aaron’s Law and the Kyron Horman abduction
“There is no case like this.”
A. “There is no case like this.”

The Kyron Horman abduction is unique in many respects. The missing child has triggered the largest search effort in the history of Oregon, now entering its third year.

It is also the first known instance of a filing under ORS 30.868 Aaron’s Law.

Quote
Desiree Young, Kyron’s mother, filed the civil suit on June 1, 2012, as reported in The Oregonian:

 “There is no case like this – even close to these circumstances,” (Multnomah Judge Henry) Kantor said….

…."I will forever have a hole in my heart because he is not here," Young said, shaking as she stood outside Portland's Justice Center and beside respected civil rights attorney Elden Rosenthal.
….The lawsuit argues that Terri Horman "intentionally interfered" with Young's parental rights, and intentionally inflicted severe emotional distress on her. Young shared joint legal custody of Kyron after her divorce from Kaine Horman in 2003.Rosenthal pledged to aggressively use all the tools afforded to him in a civil case "to peel away the layers of mystery surrounding Kyron's disappearance," and to add more names to the suit if others are responsible. He said he will issue subpoenas for witnesses to testify under oath, and compel the production of documents, such as e-mails and text messages."There are some cases that require victims of wrongs to use the civil justice system," Rosenthal said. "This case is one of them.
"http://www.oregonlive.com/portland/index.ssf/2012/06/kyron_hormans_mother_seeking_t.html

Kyron Horman’s is the only Oregon abduction case that has lasted longer in the media than a single news cycle. Most parental and family abduction cases never make the news. The families suffer in private, and an abduction case is isolating by its very nature.

Kyron’s disappearance attracted media attention for three reasons unique to the case:
1. He disappeared from his school, attracting attention from parents, teachers and school officials across the state and beyond. Most kidnappers will want to avoid attracting attention.
2. No one else close to Kyron was also missing.
3. Kyron’s stepfather is a police detective. When he was discovered missing, his family had instant credibility with law enforcement, and police were on it in a matter of minutes.

B. On meeting “The Criteria”:
The Kyron Horman abduction is complicated for many reasons. Obviously, law enforcement has not been able to assemble evidence sufficient to move a jury to a unanimous verdict “beyond all reasonable doubt”, which is why no criminal charges have been filed.

This obstacle in the Criminal Law system is holding back both the Family Law process and the civil suit filed under Aaron’s Law.
But most parental and family abductions do not face this obstacle, because there is no criminal proceeding under way and law enforcement is not actively looking for the abducted child(ren).
During a press conference two years ago, the Multnomah County Sheriff was asked if there were any other missing children besides Kyron out there, and the Sheriff responded “none that meet the criteria.”
Whatever “the criteria” is, it is important that both the public and the professionals whom the public relies on for justice and to protect their families understand what the criteria is, what the rules are and how to make them work better.

HB 2014 will provide the 2014 Legislative Assembly with information vital to making the Criminal Law, Family Law and Civil Law systems work better for the benefit of all Oregon children, and for those children who are brought to Oregon under similar circumstances.
https://olis.leg.state.or.us/liz/2013R1/Downloads/CommitteeMeetingDocument/18085









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