Kyron Horman, 7 years old PORTLAND, OR #33 10/07/10 - 10/17/10

[Desdemona]

There are a lot of monkeys here at Scared Monkeys and from time to time we recognize some of their extra efforts.  However, to be fair, there isn't enough space nor is this thread an appropriate place to start listing names. There are a lot of monkeys that are unsung heroes and sometimes just fine peeps to post along side.  If I started naming names and thanking, I would be accused of playing favorites.    I can't look away for a sec.  As a moderator, I don't scroll past posts.     OT Police.   

Yes, it was a "thank you back" that morphed into o/t primate-grooming that is indeed not the right thing for this thread. Wise advice, Muffy.  And even though I said "look the other way for a quick second," I'm glad you mods never do.  My apologies, and thanks for being on the job.
 

[Desdemona]

The only thing we know for sure, is LE has been searching Sauvie Island- for whatever reason they seem to think, they are looking for either Kyron or clues. 

  ITA, Monkey King.

Agree.  Of course we have no idea what information LE has given Kaine regarding their reasons for the renewed and intensive recent ongoing searches, nor about their investigation as a whole.  Since Kaine is writing for the public when he refers to "the mystery of Sauvie Island," he may be referring to a publicly-known (i.e. media-reported) facet of the case, such as the early reports that LE was searching Sauvie Island in the days after Kyron first went missing, because Terri's phone allegedly pinged the Scappoose cell tower, which might have placed her on Sauvie that morning.  I sure would like to know exactly what he meant.

[Desdemona]

What did the project consist of?  A shoe box and a tri fold board display which folded in 3.  I hardly think they needed the truck to move that for starters.

Second off, I'm sure Kyron would have bolted out of the car and helped carry his project.  Terri could have carried Kiara and put the project in the stroller.  It would have been light enough to pull up the stairs, of had Kyron put his back pack in the stroller and he could have carried the shoebox.

You have to make things work when you have kids.

Totally agree with you.  Kyron could and would have helped to carry his project and/or the shoebox diorama.  And yes, moms (and dads) can be really talented at juggling kids and strollers and all kinds of stuff all at once. 

Are we talking about the morning of June 4?  Did Terri drive the project to school that morning?  That doesn't sound right to me, though I could certainly be wrong.  Was the project not already set up and on display when Terri drove Kyron to school that morning?  My understanding was that the reason she stated to Kaine that she needed the truck that day was in order to bring it back home.  (Which she did not do.)  I vaguely recall reading that the science project had been taken to school on a prior day, maybe the day before?  Not sure.  I may be wrong about these details; if so, please correct me.

[Itaryl Moosee]

In the Matter of:
KAINE ANDREW HORMAN
Petitioner,
and
TERRI MOULTON HORMAN,
Respondent.

Case No. 1006-66086
DECLARATION OF PETER BUNCH
IN SUPPORT OF MOTION TO
MODIFY FAPA ORDER

Stamp: ENTERED
OCT 14 2010
IN REGISTER BY CB

I, Peter Bunch, state as follows:

1. I am one of the attorneys for Respondent in this matter. I make this declaration in support of a motion to modify the Restraining Order to Prevent Abuse previously obtained by the Petitioner in this matter.

2. Petitioner and Respondent have one joint child, Kiara Horman, who is age 22 months.

3. It is undisputed that, until June 28, 2010, Respondent was Kiara's primary caregiver.

4. On that date, Petitioner obtained a FAPA order against Respondent, based on hearsay statements from the police that there was probable cause to believe Respondent allegedly tried to hire someone to murder Petitioner, and that Respondent was involved in the disappearance of Kyron Horman, who is Petitioner's son from a prior relationship. The FAPA order awarded Petitioner custody of Kiara and precluded any contact between Respondent and her daughter.

End of Page 1

5. Despite repeated requests, Petitioner refuses to allow Respondent to see her daughter under any circumstances, although, following the recent court hearing regarding Respondent's motion to abate the parties' divorce proceeding, Petitioner appears to be at least open to considering the idea of supervised parenting time.

6. As the court is aware, because of the ongoing criminal investigation that are focused on Respondent, there are serious issues involved as to Respondent's ability to assert her custodial and parenting time rights. As a result of those issues, Respondent is not in a position at this time to testify on her own behalf in support of an award of custody and parenting time to her.

7. In view of all the circumstances, Respondent will proffer expert testimony about the importance to Kiara's well being of maintaining a relationship with Respondent. There should be regular and frequent contact between Kiara and her mother. In view of the allegations against Respondent, Respondent's expert will testify that there are a number of safety provisions the court can impose to address any concerns that either the court or Petitioner has as to Kiara's emotional and physical well being.

8. The FAPA order should therefore be modified to allow regular and frequent contact between Respondent and Kiara. To the extent that Petitioner insists on professional supervision, he should bear the costs, because Respondent is not employed and has no income or significant assets.

9. I declare that the above statements are true to the best of my knowledge and belief, and that I understand they are made for use as evidence in court and are subject to penalty for perjury.

DATED on October 13, 2010

_______________________
Peter Bunch, OSB No. 942210
Of Attorneys for Respondent
Trial Attorney: Peter Bunch

End of Page 2

[Itaryl Moosee]

RECEIVED
CIRCUIT COURT
MULTNOMAH COUNTY
10 OCT 13 PM 3:26
FILED

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MULTNOMAH

In the Matter of:
KAINE ANDREW HORMAN,
Petitioner,
and
TERRI MOULTON HORMAN,
Respondent,

Case No. 1006-66086

RESPONDENT'S MOTION TO
MODIFY RESTRAINING ORDER TO
PREVENT ABUSE REGARDING
PARENTING TIME

(Expedited Hearing Requested)
Stamp: ENTERED OCT 14 2010
IN REGISTER BY CB

Respondent moves to modify the Restraining Order to Prevent Abuse previously entered by the court in the above captioned proceeding as follows:

1. Awarding Respondent parenting time with the parties' minor child, Kiara Horman, age 22 months, as agreed by the parties or as ordered by the court.

2. Awarding attorney fees and costs to Respondent pursuant to ORS 107.730 (5) if this matter is contested.

POINTS AND AUTHORITIES

This motion is based on ORS 107.722 (2), the supporting Declaration of Peter

End of Page 1

----

Bunch, which is incorporated by reference, and the record and file in the above entitled proceeding.

DATED on October 13, 2010

THE LAW FIRM OF PETER BUNCH, LLC

____________________
Peter Bunch, OSB No. 942210
Of Attorneys for Respondent
Trial Attorney: Peter Bunch

End of Page 2

-------

CERTIFICATE OF SERVICE

I certify that I served a copy of the foregoing RESPONDENT'S MOTION TO MODIFY RESTRAINING ORDER TO PREVENT ABUSE REGARDING PARENTING TIME and the DECLARATION OF PETER BUNCH IN SUPPORT OF MOTION TO MODIFY FAPA ORDER on the following attorneys on October 13, 2010, by hand delivery, placed in a sealed envelope, addressed to the following at the addresses set forth below.

Laura Rackner
Gearing Rackner Engel LLP
121 SW Morrison Street Suite 750
Portland, OR 97204-3117

Stephen A. Houze
1211 SW 5th Ave #1240
Portland, OR 97204

_________________________
Peter Bunch, OSB No. 942210

End of Page 3

-----

[fatcatlurker]

The "Mystery of Sauvie Island", hmm...

Oh, the mystery/rumors where an individual AND their vehicles can be cloned and zip around town?  THAT mystery?  I thought it may have been something else.

Sort of like two doppelganger redheads at a certain point in time!!  ha ha ha!

[fatcatlurker]

Question - How did TH get all the stuff into the school that morning?  Kyron with jacket and backpack, science project, and Kiara?  Lots of stuff to carry and worry about. 

I'm pretty sure we know that the science project was set up before Friday morning.

She probably had Kitty in a stroller and Ky wore his jacket and backpack.

Information has been sparse concerning Kiara's presence with Terri at the school on June 4.  I'm having trouble remembering whether it has ever been mentioned that Terri had Kiara in a stroller inside the school that day... has it?

FWIW, the lady who saw Terri inside the Fred Meyer store shortly after Terri left the school said that Kiara was in Terri's arms, didn't she?  That would imply that Terri did not take a stroller into the Fred Meyer store.  Which might be considered unusual:  If the only purchase Terri intended to make was "medicine for Kitty," she would not be likely to use a big shopping cart (where Kitty could have ridden).  But it might have made sense and been most convenient in that case, to bring her in using a stroller.  I can recall very few occasions when my children were that small, that I would navigate a large store with the child in my arms. 

I seem to recall it may have been at the school before June 4th due to when it was graded and the fact that Terri was going to bring it home that day?  I mean that's why she had the truck according to her. 

The mystery to me is whether or not Kiara was actually there and if she was at the FM store (S) with her.  I guess we just have to wait to find out.  I'm sure the Starbucks ladies know if they did testify for 2 hrs before the GJ. 

Anyway I agree with all of you that we have so little facts.  Just trying to keep it alive for Kyron. 

[Kokos Cat]

I Moosee,

Thanks.

[Kokos Cat]

Hi, TG!

Good question....

IMO, this is one possibility is this:  KH and TH were both there, on the island, driving.  It's the only thing that makes any sense.  Unless Kaine cloned Terri. 

IMO, it was the two of them, for whatever reason.   

KH got off work early, and then he worked at home.  He was in a meeting that morning, until about 11 a.m., I think.  Then, as far as I know, he doesn't have an alibi except for when he was supposedly with TH at the bus.  This is going to make me very unpopular here, I realize.  But he had the time and opportunity.  They could have been pursuing someone else... I'm not saying that they disappeared Kyron.  Just that it makes sense, their vehicles, on the island, with them driving.

KH is more involved than we realize, IMO.   

And, as far as the witness reports go, it is second hand.  I have spoken with island residents who know the witnesses.  However, the witnesses have been asked not to discuss this further.  So, there are still some details that are unclear.  And, I'm not prying into this anymore.  I don't want to compromise the investigation, not that I know enough to do so, anyway.

Hope this helps.

 

For Kokos Cat:

[snip]

If the witnesses have been asked by LE not to discuss this, then why have they been talking to those who are talking to you?  And given that request by LE, should these "second hand" people even be talking to you at all?  Just asking.  Can you explain this satisfactorily?

Desi,

We had this conversation way back in June, before LE had interviewed the witnesses and advised them to remain silent.  We are not discussing it further, and have no intentions to.  Still, what's done is done.  The cat is out of the bag, so to speak. 

And... BBM: Sorry, and with all due respect: I don't consider eye witness reports to be"rumor". And, I suspect a judge and jury won't, either.
 

[Desdemona]

Thanks for the reply, Kokos Cat.  I understand what you are saying about the timeframe when these persons spoke to you about the alleged sightings, and why you would not consider the second-hand accounts of what people believe they saw to be a "rumor."  As for a jury, I pray there will not have to be a one.  I hope that whoever harmed Kyron will confess what they have done and save everyone involved the heartache, expense, and extended pain that a trial would entail.  Really, really hope they find him soon, and that the truth will be discovered.

[Deenie]

I think we can all agree that Kyron's case is at a standstill  -

and We know nothing more, than what can be rehashed to be brought back into light -

No fault to anyone,
As LE has been " absent" for too Long. Making us only reflect upon what is " partially" known.

That is the " breaking point" of all of us - Nothing is known for certain.

Kyron  is not forgotten.  He is our little Frog Boy 

 

 

[Kokos Cat]

Thanks for the reply, Kokos Cat.  I understand what you are saying about the timeframe when these persons spoke to you about the alleged sightings, and why you would not consider the second-hand accounts of what people believe they saw to be a "rumor."  As for a jury, I pray there will not have to be a one.  I hope that whoever harmed Kyron will confess what they have done and save everyone involved the heartache, expense, and extended pain that a trial would entail.  Really, really hope they find him soon, and that the truth will be discovered.

I think we can all agree that Kyron's case is at a standstill  -

and We know nothing more, than what can be rehashed to be brought back into light -

No fault to anyone,
As LE has been " absent" for too Long. Making us only reflect upon what is " partially" known.

That is the " breaking point" of all of us - Nothing is known for certain.

Kyron  is not forgotten.  He is our little Frog Boy 
 

 

So true, my Monkey Friends.  Goodnight.
 

[Claycat]

Too true!   

[Puzzler]

I think we can all agree that Kyron's case is at a standstill  -

and We know nothing more, than what can be rehashed to be brought back into light -

No fault to anyone,
As LE has been " absent" for too Long. Making us only reflect upon what is " partially" known.

That is the " breaking point" of all of us - Nothing is known for certain.

Kyron  is not forgotten.  He is our little Frog Boy 

 

 

Deenie....well said, totally agree.

FatCatLurker...also agree, just trying to keep it alive for Kyron.

Everytime I open Kyron's thread, I hope I'm 10 pages behind because there's been
a break in the case.

Don't know why LE said they hope to have this case completed by January...but I
hope they're right.  Just wonder how they can predict that in October.

[Puzzler]

http://portlandtribune.com/news/story_2nd.php?story_id=128715916439618800

Kyron task force will take fresh look at investigation

[can]

http://portlandtribune.com/news/story_2nd.php?story_id=128715916439618800

Kyron task force will take fresh look at investigation

Thanks Puzzler. 
I noted in the comments section someone questioned whether Terri alone would be able to lift Kyron or dig a burial site.  Another poster mentioned
that Terri had been a body builder...something I had not considered when
this had been discussed @ SM.   
 

[can]

Does anyone know if they are searching on Sauvie Is. today?  tia

[strawberry thunder]

<respectfully snipped by Desi>

And, I thought that the reason for the Kyron Horman Fund was for continued efforts to locate this precious child. So, why then, aren't these funds being used in this investigation? IMO, they could be used to get TES out there, put up more billboards or give to the sheriff's office to defer some of the cost.

Now, before banana's start flying my way, I do not think Desiree or Kaine has any involvement in this crime. I do, however, question the way they're handling things now. For Desiree to get on national t.v. and blast Terri's parents to raise the reward to 350k was just tacky. If they're not going to use that money to further the investigation, then they should use it to raise the reward, since she obviously thinks it would make that much of a difference.

Everyone has a right to their own opinion.  And respectfully, I could not disagree more with your last two paragraphs.

1. There is a Kyron Horman Fund, administered by Bank of America, and there is a Kyron Horman Foundation, which is awaiting 501(c) status approval, and was founded by Kaine.  Money dontated to the fund has not been spent and it will be up to Kaine and Desiree to decide what to do with it.  If they decide to use it to hire TES, so be it.  But for now they seem to be relying on LE, which is their right.  For all I know, they may end up needing to use this money for a funeral.  The Kyron Horman Foundation was established by Kaine, to raise money for posters, bracelets, buttons, flyers, website, etc.  They filed for 501(c) status, which takes awhile.  The foundation is a perpetual one, which will continue to operate and to raise funds after Kyron is found, to help families of other missing children in the future.
http://bringkyronhome.org/findkyron/donate.html
- - - - -

2.  Desiree did not "blast Terri's parents."  In her press conference, Desiree did call upon the public to donate money to increase the reward.  Desiree was expressing her pain and sense of injustice (rightfully so IMO) that someone, anyone, would give the woman who she believes harmed her son $350,000 to protect herself from criminal investigation and prosecution, versus $50,000 (a fraction of that amount) to induce someone to tell the truth about what happened to little Kyron, a vulnerable and defenseless little boy.  How awful it must be to believe that the people who were, for all intents and purposes Kyron's grandparents, have not contacted Desiree or Kaine, have not contributed any money to the reward fund, have not assisted with fundraising or searches, but yet would somehow find a way to come up with big bucks to shield Terri from scrutiny and prosecution.  To Desiree, that must not look very fair at all, and I don't blame her for being so upset. 

To characterize a distraught and desperate mother's pleas as "just tacky" is, IMO, "just tacky."  No offense intended, just strong disagreement.

Hi Des,

The foundation and the fund were both created to continue efforts to locate Kyron. The foundation is meant to go on to help other children after Kyron is brought home. Kyron has not been located and billboards are coming down. The fund and foundation money is not being touched. Why? If we they want to rely on LE, that is certainly their right, but if it were my child I would be doing everything possible to bring him home. Much like some of you say of Terri about Kiara. As for the cost of a funeral, (if that turns out to be the case) there is much more in the foundation than would only cover the cost of a funeral.

As for what I said about Desiree addressing Terri's parents, respectfully, I firmly stand by that. It was, imo, tacky. I understand that she is at her wits end, and that she feels she has nowhere else to turn but to the media and the public, but to call on innocent grandparents to raise the reward to 350k is just wrong. Desiree, nor anyone else has any way of knowing how Terri paid for her attorney until it is released to the public. For all we know, the attorneys could be working pro-bono. Which, btw, is very likely. Even if the Moulton's did pay for Terri's attorney, so what? That's their child and their right. They would only be doing for their child what Desiree and Kaine are doing for theirs.

Respectfully, all my opinion.

[Brandi]

<respectfully snipped by Desi>

And, I thought that the reason for the Kyron Horman Fund was for continued efforts to locate this precious child. So, why then, aren't these funds being used in this investigation? IMO, they could be used to get TES out there, put up more billboards or give to the sheriff's office to defer some of the cost.

Now, before banana's start flying my way, I do not think Desiree or Kaine has any involvement in this crime. I do, however, question the way they're handling things now. For Desiree to get on national t.v. and blast Terri's parents to raise the reward to 350k was just tacky. If they're not going to use that money to further the investigation, then they should use it to raise the reward, since she obviously thinks it would make that much of a difference.

Everyone has a right to their own opinion.  And respectfully, I could not disagree more with your last two paragraphs.

1. There is a Kyron Horman Fund, administered by Bank of America, and there is a Kyron Horman Foundation, which is awaiting 501(c) status approval, and was founded by Kaine.  Money dontated to the fund has not been spent and it will be up to Kaine and Desiree to decide what to do with it.  If they decide to use it to hire TES, so be it.  But for now they seem to be relying on LE, which is their right.  For all I know, they may end up needing to use this money for a funeral.  The Kyron Horman Foundation was established by Kaine, to raise money for posters, bracelets, buttons, flyers, website, etc.  They filed for 501(c) status, which takes awhile.  The foundation is a perpetual one, which will continue to operate and to raise funds after Kyron is found, to help families of other missing children in the future.
http://bringkyronhome.org/findkyron/donate.html
- - - - -

2.  Desiree did not "blast Terri's parents."  In her press conference, Desiree did call upon the public to donate money to increase the reward.  Desiree was expressing her pain and sense of injustice (rightfully so IMO) that someone, anyone, would give the woman who she believes harmed her son $350,000 to protect herself from criminal investigation and prosecution, versus $50,000 (a fraction of that amount) to induce someone to tell the truth about what happened to little Kyron, a vulnerable and defenseless little boy.  How awful it must be to believe that the people who were, for all intents and purposes Kyron's grandparents, have not contacted Desiree or Kaine, have not contributed any money to the reward fund, have not assisted with fundraising or searches, but yet would somehow find a way to come up with big bucks to shield Terri from scrutiny and prosecution.  To Desiree, that must not look very fair at all, and I don't blame her for being so upset. 

To characterize a distraught and desperate mother's pleas as "just tacky" is, IMO, "just tacky."  No offense intended, just strong disagreement.

Hi Des,

The foundation and the fund were both created to continue efforts to locate Kyron. The foundation is meant to go on to help other children after Kyron is brought home. Kyron has not been located and billboards are coming down. The fund and foundation money is not being touched. Why? If we they want to rely on LE, that is certainly their right, but if it were my child I would be doing everything possible to bring him home. Much like some of you say of Terri about Kiara. As for the cost of a funeral, (if that turns out to be the case) there is much more in the foundation than would only cover the cost of a funeral.

As for what I said about Desiree addressing Terri's parents, respectfully, I firmly stand by that. It was, imo, tacky. I understand that she is at her wits end, and that she feels she has nowhere else to turn but to the media and the public, but to call on innocent grandparents to raise the reward to 350k is just wrong. Desiree, nor anyone else has any way of knowing how Terri paid for her attorney until it is released to the public. For all we know, the attorneys could be working pro-bono. Which, btw, is very likely. Even if the Moulton's did pay for Terri's attorney, so what? That's their child and their right. They would only be doing for their child what Desiree and Kaine are doing for theirs.

Respectfully, all my opinion.

Strawberry Thunder, an excellent and accurate post, in my opinion.

I agree totally.

O/T: I let you a two personal posts starting here: http://scaredmonkeys.net/index.php?topic=4314.msg1243615#msg1243615

[Brandi]