Kyron Horman, 7 years old, PORTLAND, OR #35 11/11/10 - 11/21/10

[Grey]

New on KGW.com, it sounds like Kaine filed another motion:

http://www.kgw.com/news/local/Kaine-Horman-Terris-silence--107562544-kyron-missing-portland.html

Thanks, monchichi.

This might be considered Kaine's response to the offer of compromise from Terri's lawyers. They demanded requested a response by last Friday. This latest move should do nicely.

From Nov. 3:
"Terri Horman's lawyers also noted they have presented a full offer of compromise, essentially what they described as "a very reasonable proposal to resolve every issue in the divorce proceeding." But they have not received a response from Kaine Horman's attorney, who has until Friday."
http://www.oregonlive.com/portland/index.ssf/2010/11/terri_moulton_horman_withdraws.html

[monchichi]

And here is another article from oregonlive:

http://www.oregonlive.com/portland/index.ssf/2010/11/kaine_horman_may_seek_sanction.html

Kaine says he has received information leading him to believe TH knows something, and it sounds like they will try to use the failed LDTs in the civil suit.

[monchichi]

New on KGW.com, it sounds like Kaine filed another motion:

http://www.kgw.com/news/local/Kaine-Horman-Terris-silence--107562544-kyron-missing-portland.html

Thanks, monchichi.

This might be considered Kaine's response to the offer of compromise from Terri's lawyers. They demanded requested a response by last Friday. This latest move should do nicely.

From Nov. 3:
"Terri Horman's lawyers also noted they have presented a full offer of compromise, essentially what they described as "a very reasonable proposal to resolve every issue in the divorce proceeding." But they have not received a response from Kaine Horman's attorney, who has until Friday."
http://www.oregonlive.com/portland/index.ssf/2010/11/terri_moulton_horman_withdraws.html

Yes, I think it is a very effective response!

[Grey]

Oh-ho! Just glanced at the document. It's Stephen Houze's copy. Interesting.
 

[klaasend]

New on KGW.com, it sounds like Kaine filed another motion:

http://www.kgw.com/news/local/Kaine-Horman-Terris-silence--107562544-kyron-missing-portland.html

Here is his new filing:

http://images.bimedia.net/documents/kaine+horman+court+1112.pdf

[hellokitty]

 

She wants spousal support.

Cold day in he**?

[Desdemona]

Transcribed from Kaine's motion, page 7:


     "The fact that Mother's own attorney has advised the court that Mother intends to plead the Fifth speaks volumes about what Mother has to hide.  An attorney in a civil action is bound by the provisions of OCRP 17C, which provides that, before Mother's attorney can submit an argument in support of a pleading, that attorney certifies that the position is based on reasonable "knowledge, information and belief, formed after the making of such inquiry as is reasonable under the circumstances."  One can only infer that Mother will not speak because her testimony will lead to criminal liability for Kyron's disappearance.  Until Mother denies the allegations, there can be no other inferences drawn."

http://images.bimedia.net/documents/kaine+horman+court+1112.pdf
--

  BINGO.  LE has not formally accused Terri or called her a suspect.  However allegations HAVE been made in this civil case.  What say you, Terri?

Kyron's Dateline broadcast will be aired less than an hour from now.  Sometimes this kind of publicity for a case leads to breaks for investigators... We can only hope. 

Zahra has been found, bless her sweet heart... Now it's Kyron's turn.   

[Grey]

Any legal eagles around? I have a question.

I have always thought that when pleading the 5th, it has to be the response to all questions asked in court, i.e., one cannot pick and choose which questions to answer and which to plead the 5th. If a question is answered, then pleading the 5th can no longer be used. Is this true?

Does it depend on the state? State versus Federal court? Courts versus Senate hearings.

If this requires an answer of 200 words or more, forget it. I don't listen to court cases or Senate hearings anyway. I wait for the final results.
 

[Desdemona]

Any legal eagles around? I have a question.

I have always thought that when pleading the 5th, it has to be the response to all questions asked in court, i.e., one cannot pick and choose which questions to answer and which to plead the 5th. If a question is answered, then pleading the 5th can no longer be used. Is this true?

Does it depend on the state? State versus Federal court? Courts versus Senate hearings.

If this requires an answer of 200 words or more, forget it. I don't listen to court cases or Senate hearings anyway. I wait for the final results.
 

Not much of an eagle, legal or otherwise.  However, for "under 200 words," I found this:

http://en.wikipedia.org/wiki/Pleading_the_Fifth
Pleading the Fifth

"If the defendant does answer any question put by the prosecutor during the proceeding, the protection of the Fifth Amendment is lost."

[and:]

"The U.S. supreme court ruled that the right against self-incrimination applies whether the witness is in a federal or state court (see Malloy v. Hogan, 378 U.S. 1 (1964)), and whether the proceeding itself is criminal or civil (see McCarthy v. Arndstein, 266 U.S. 34 (1924))."
--


Hmm, and a little o/t, I thought this was interesting, too, in light of the argument in Kaine's motion:


Refusal to testify in a civil case

While defendants are entitled to assert that right, there are consequences to the assertion of the Fifth Amendment in a civil action.

The Supreme Court has held that “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” Baxter v. Palmigiano, 425 U.S. 308, 318 (1976). “[A]s Mr. Justice Brandeis declared, speaking for a unanimous court in the Tod case, ‘Silence is often evidence of the most persuasive character.’” Id. at 319 (quoting United States ex rel. Bilokumsky v. Tod, 263 U.S. 149, 153-154 (1923)). “‘Failure to contest an assertion...is considered evidence of acquiescence...if it would have been natural under the circumstances to object to the assertion in question.’” Id. (quoting United States v. Hale, 422 U.S. 171, 176 (1975)).

In Baxter, the state was entitled to an adverse inference against Palmigiano because of the evidence against him and his assertion of the Fifth Amendment privilege.
--

[monchichi]

Any legal eagles around? I have a question.

I have always thought that when pleading the 5th, it has to be the response to all questions asked in court, i.e., one cannot pick and choose which questions to answer and which to plead the 5th. If a question is answered, then pleading the 5th can no longer be used. Is this true?

Does it depend on the state? State versus Federal court? Courts versus Senate hearings.

If this requires an answer of 200 words or more, forget it. I don't listen to court cases or Senate hearings anyway. I wait for the final results.
 

Not much of an eagle, legal or otherwise.  However, for "under 200 words," I found this:

http://en.wikipedia.org/wiki/Pleading_the_Fifth
Pleading the Fifth

"If the defendant does answer any question put by the prosecutor during the proceeding, the protection of the Fifth Amendment is lost."

[and:]

"The U.S. supreme court ruled that the right against self-incrimination applies whether the witness is in a federal or state court (see Malloy v. Hogan, 378 U.S. 1 (1964)), and whether the proceeding itself is criminal or civil (see McCarthy v. Arndstein, 266 U.S. 34 (1924))."
--


Hmm, and a little o/t, I thought this was interesting, too, in light of the argument in Kaine's motion:


Refusal to testify in a civil case

While defendants are entitled to assert that right, there are consequences to the assertion of the Fifth Amendment in a civil action.

The Supreme Court has held that “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” Baxter v. Palmigiano, 425 U.S. 308, 318 (1976). “[A]s Mr. Justice Brandeis declared, speaking for a unanimous court in the Tod case, ‘Silence is often evidence of the most persuasive character.’” Id. at 319 (quoting United States ex rel. Bilokumsky v. Tod, 263 U.S. 149, 153-154 (1923)). “‘Failure to contest an assertion...is considered evidence of acquiescence...if it would have been natural under the circumstances to object to the assertion in question.’” Id. (quoting United States v. Hale, 422 U.S. 171, 176 (1975)).

In Baxter, the state was entitled to an adverse inference against Palmigiano because of the evidence against him and his assertion of the Fifth Amendment privilege.
--

[Brandi]

Kyron's segment on NBC's "Dateline" now.

[seemeatthebeach]

New on KGW.com, it sounds like Kaine filed another motion:

http://www.kgw.com/news/local/Kaine-Horman-Terris-silence--107562544-kyron-missing-portland.html

Here is his new filing:

http://images.bimedia.net/documents/kaine+horman+court+1112.pdf

I really like Kaine's attorney, Laura Rackner. She isn't putting up with any of Terri's bullsh!t!

[Grey]

Any legal eagles around? I have a question.

I have always thought that when pleading the 5th, it has to be the response to all questions asked in court, i.e., one cannot pick and choose which questions to answer and which to plead the 5th. If a question is answered, then pleading the 5th can no longer be used. Is this true?

Does it depend on the state? State versus Federal court? Courts versus Senate hearings.

If this requires an answer of 200 words or more, forget it. I don't listen to court cases or Senate hearings anyway. I wait for the final results.
 

Not much of an eagle, legal or otherwise.  However, for "under 200 words," I found this:

http://en.wikipedia.org/wiki/Pleading_the_Fifth
Pleading the Fifth

"If the defendant does answer any question put by the prosecutor during the proceeding, the protection of the Fifth Amendment is lost."

[and:]

"The U.S. supreme court ruled that the right against self-incrimination applies whether the witness is in a federal or state court (see Malloy v. Hogan, 378 U.S. 1 (1964)), and whether the proceeding itself is criminal or civil (see McCarthy v. Arndstein, 266 U.S. 34 (1924))."
--


Hmm, and a little o/t, I thought this was interesting, too, in light of the argument in Kaine's motion:


Refusal to testify in a civil case

While defendants are entitled to assert that right, there are consequences to the assertion of the Fifth Amendment in a civil action.

The Supreme Court has held that “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” Baxter v. Palmigiano, 425 U.S. 308, 318 (1976). “[A]s Mr. Justice Brandeis declared, speaking for a unanimous court in the Tod case, ‘Silence is often evidence of the most persuasive character.’” Id. at 319 (quoting United States ex rel. Bilokumsky v. Tod, 263 U.S. 149, 153-154 (1923)). “‘Failure to contest an assertion...is considered evidence of acquiescence...if it would have been natural under the circumstances to object to the assertion in question.’” Id. (quoting United States v. Hale, 422 U.S. 171, 176 (1975)).

In Baxter, the state was entitled to an adverse inference against Palmigiano because of the evidence against him and his assertion of the Fifth Amendment privilege.
--

Thanks, Desdemona. Perfect answers!!!
 

[mompalm]

Is anyone else watching Dateline?  Kyron segment almost over ....

[monchichi]

Is anyone else watching Dateline?  Kyron segment almost over ....

I'm still waiting on the West Coast.  I'm really hoping the Blazers game doesn't interfere with Dateline...

[mompalm]

Is anyone else watching Dateline?  Kyron segment almost over ....

I'm still waiting on the West Coast.  I'm really hoping the Blazers game doesn't interfere with Dateline...

I watched most of it, but missed some bits and pieces. Totally missed the last 5 mins or so when Terri's friends talked. I didn't pick up anything new, and just wanted to see if anyone else does.

[monchichi]

Is anyone else watching Dateline?  Kyron segment almost over ....

I'm still waiting on the West Coast.  I'm really hoping the Blazers game doesn't interfere with Dateline...

I watched most of it, but missed some bits and pieces. Totally missed the last 5 mins or so when Terri's friends talked. I didn't pick up anything new, and just wanted to see if anyone else does.

I was afraid there wouldn't be any new info.  Well, at least it's keeping his name out there, and I suppose it is new info for people who haven't been following closely like all of us monkeys.

[Desdemona]

Kyron's segment on NBC's "Dateline" now.

How cute!  Brrrr! 

So, what is the consensus on the Dateline show?  Thanks to those who did and have commented.  I did not get to watch.

[Brandi]

I thought the Dateline segment on Kyron was very well done. Great photography, lots of old clips, some new, and I am glad it was shown to keep Kyron's story out there.

[2NJSons_Mom]

Is anyone else watching Dateline?  Kyron segment almost over ....

I'm still waiting on the West Coast.  I'm really hoping the Blazers game doesn't interfere with Dateline...

I watched most of it, but missed some bits and pieces. Totally missed the last 5 mins or so when Terri's friends talked. I didn't pick up anything new, and just wanted to see if anyone else does.

Me, too.  We were out and got back just a few minutes into the show.  I watched and am glad that it was aired for those who have not followed the case.