Kyron Horman, 7 years old, Portland OR #40 1/01/11 - 1/18/11

[Puzzler]

Ok, if I am having a phone conversation with Tracygirl and she is recording it, without my permission it would be inadmissable in a court of law. Why are texts any different?

Not all states have that same law.

Some states the recording is legal as long as one side is aware of it being recorded.

Some states the recording is illegal unless both sides are aware of the recording.

I don't know anything about the law WRT to "text messages"...maybe would be similar to email messages...but IDK the law on them either.

[sebastian]

Ok, if I am having a phone conversation with Tracygirl and she is recording it, without my permission it would be inadmissable in a court of law. Why are texts any different?

Just guessing, but it might depend on the laws of that state?

Maybe. But you know how when you call the phone company etc, you get that recording that says that your call may be recorded or monitored? I think I will have to do some research on this later unless someone knows the legalities.

Night night Puzzer and Shell! Thank you guys for all that you do! 

[Shell]

There's more than one way to look at why some one would be set up.

An earlier post said they didn't think Terri was set up...that she did the sexting because that's what she does.

Maybe Terri has done sexting before to multiple people.

Someone that knows that could have set her up to do it again. For a reason.

It would not be illegal for Kaine to ask Mike to text Terri to see if she might give him any information. If that is the case, it would be nice if Kaine and Cook were honest about it. We need someone in this case to be forthcoming and honest.

IMO, one reason for MC using Kaine's phone would be so that the account holder's record of the texting would be easily accessible to Kaine to use in the divorce case. 

If MC's phone was used, it would require a court order to obtain the "carrier" record and potentially not be accessible for the civial case due to the ongoing-criminal investigation and LE not releasing evidence in the investigation.

The account holder record is what was filed as the exhibit to the sworn affidavit.  The court requires that a carrier record be filed with the court. Why did Rackner, Kaine's attorney, allow an exhibit to be filed this is not in the form that is required by the court?

Would the carrier record read "exactly" as the account holder record? 

Also, I think it would be interesting to the court to know what was said in texting before and after the sexting portion. 

It was suggested that Terri be held in contempt of court for showing MC the restraining order and MC took pics of it with that same phone. He also filed those texts with the intention they were from Terri, his filings are sworn statements, so in a way I think it would be illegal for him to ask MC to do this and then file it in court.

Maybe he was desperate for information and he didn't care?

Did Cooks affair with TH begin after Kyron went missing or had it been going on? Did he live in the same town?

[Shell]

Ok, if I am having a phone conversation with Tracygirl and she is recording it, without my permission it would be inadmissable in a court of law. Why are texts any different?

Just guessing, but it might depend on the laws of that state?

Maybe. But you know how when you call the phone company etc, you get that recording that says that your call may be recorded or monitored? I think I will have to do some research on this later unless someone knows the legalities.

Night night Puzzer and Shell! Thank you guys for all that you do! 

Night back at ya. I do something...I speculate. 

[Shell]

Good night kind and caring monkeys 

[Lazydog1]

Yes, I came back before going to bed.

I don't believe for one moment that it was a set up. She did it because that's what she does. To look further into that theory is a waste of time, IMO.

Truly off to bed now. GN Monkeys.

Curiosity questions:

Why do you think that MC would have been using Kaine's phone? 

Could that have been so there would be an easily accessible record of the texting? 

Is there a possibility that MC was not the one using the phone?

Is there a possiblity that MC was not alone on his end when the texting was being done? 

These questions and more is why I think the texts will be thrown out.

Personally and JMO but I don't care who was on the receiving end of these text messages. It is the person who typed this disgusting stuff into the phone and pushed send that I care about. They could have been sent off into cyber space for all I care. What was sent thru texting or sexting shows that this individual cared more about sex acts and talking about it than about a missing boy who needed to be found. I can assure you if someone tried to get me to sext it wouldn't happen. I would then stop all conversations with that individual. Supposedly she had only recently met MC but yet even if she had prodding she chose to sext this person very graphically.

Also I don't believe that anyone should ever believe use of a cell phone is the same as a landline and recording a conversation. Especially if you are using same to send a text message. If you don't want someone to see it don't write it. She is an adult, a wife, a mother and should have known that texting and cell phones can never be considered private in anyway.

As far as them being used in the divorce case to keep her from seeing Kiara. She is the one who withdrew the request. Why?

Today is my birthday. What do I want for this years gift? I want Kyron to be found. I want the perp or perps prosecuted to the full extent of the law. I want those who loved/love this child to find peace this year. I want people to stop abusing, mistreating, killing, and committing any other forms of horror to children and animals.

I would also like to be here to celebrate my birthday again next year. My personal wish.

[hellokitty]

 

Yes, some states allow only one party to know about being recorded. 

If TH did not send those texts, she has 2 attorneys.  I believe at least one of them should have said that they are not hers and challenge them instead of allowing the world to think that she wrote them and further vilify her.

Therefore, I believe that they are hers.  It was said that there were hundreds of texts, so we saw a tiny fraction of them

[Lazydog1]

Yes, some states allow only one party to know about being recorded. 

If TH did not send those texts, she has 2 attorneys.  I believe at least one of them should have said that they are not hers and challenge them instead of allowing the world to think that she wrote them and further vilify her.

Therefore, I believe that they are hers.  It was said that there were hundreds of texts, so we saw a tiny fraction of them

ITA. Why didn't they?

[Lazydog1]

Kyron Horman latest: Text No More helps in the search for missing boy (video)

http://www.examiner.com/crime-in-national/kyron-horman-latest-text-no-more-helps-the-search-for-missing-boy-video

What a great idea this is.

[sassifrass]

Popped in to say:

Happy Birthday LD1! May all of your dreams and wishes come true!   

[Puzzler]

LazyDog1 - Happy birthday!

Love your avatar!

Sorry for the O/T

[Tamikosmom]

I thought the DEA was drug enforcement? Do they usually get involved in these situations?

Do DEA get involved in illegal immigration issues?

Could it be that following the disappearance of Kyron ... RS took advantage of the suspicion directed at Terri and approached LE?

Could it be that through a plea deal with LE in regards to his immigrant status ... with no proof other than his word ... RS revealed an alleged MFH plot?

Could it be that that RS did not anticipate the sting operation?

Think about it.  The sting operation failed because Terri immediately called 911 ... she did not implicate herself.

Janet

[no rose colored glasses]

I thought the DEA was drug enforcement? Do they usually get involved in these situations?

Do DEA get involved in illegal immigration issues?

Could it be that following the disappearance of Kyron ... RS took advantage of the suspicion directed at Terri and approached LE?

Could it be that through a plea deal with LE in regards to his immigrant status ... with no proof other than his word ... RS revealed an alleged MFH plot?

Could it be that that RS did not anticipate the sting operation?

Think about it.  The sting operation failed because Terri immediately called 911 ... she did not implicate herself.

Janet

I would imagine to some degree they would be involved in illegal immigration issues, with drugs, with other things don't know.

[Tamikosmom]

The Failed Sting

Search for Kyron Horman Complicated by Botched Sting on Terri Horman
July 8, 2010
 
A potential opportunity to arrest the stepmother of missing Oregon boy Kyron Horman was thwarted by an ill-executed sting operation at the family's home last month.

ABC's Portland affiliate KATU is reporting that the landscaper police say Terri Horman allegedly contacted to kill her husband and Kyron's father, Kaine Horman, was in on the sting, but then raised the woman's suspicions enough that she called 911.

The landscaper showed up at Horman's door June 26 wearing a hidden microphone to demand hush money. Undercover agents were nearby. But the plan backfired when Horman called police to report an emergency, according to KATU, telling the dispatcher a man at her door wanted $10,000.

KATU cited sources as saying that was the second call of the day. The first came minutes earlier to report that someone in a truck was threatening her.

Responding officers found themselves face to face with the undercover agents and Horman was not taken into custody.

http://abcnews.go.com/GMA/search-kyron-horman-complicated-apparent-botched-sting-step/story?id=11114051

[Tamikosmom]

I find it downright concerning that Terri was legally evicted from her home and has legally been denied contact with her daughter for the past six months based on Kaine's word that LE had probable cause to believe that she was involved in a murder for hire plot and participated in the disappearance of Kyron.

Think about it.  Six months following the RO and the eviction ... Terri has not been declared a person of interest in either incident.

Janet

++++++

Kaine Horman asks judge to make Terri Moulton Horman move out of his house
Published: Thursday, July 08, 2010, 12:06 PM
Updated: Thursday, July 08, 2010, 6:43 PM

Multnomah County judge today unsealed the petition for the restraining order which Kaine Horman obtained on June 28, two days after investigators informed him that his wife had offered to pay a landscaper to kill him months before his son's disappearance.

"I believe respondent is involved in the disappearance of my son Kyron who has been missing since June 4, 2010. I also recently learned that respondent attempted to hire someone to murder me,'' Kaine Horman wrote in his petition. "The police have provided me with probable cause to believe the above two statements to be true."

http://www.oregonlive.com/portland/index.ssf/2010/07/judge_releases_restraining_ord.html

[Puzzler]

The Failed Sting

Search for Kyron Horman Complicated by Botched Sting on Terri Horman
July 8, 2010
 
A potential opportunity to arrest the stepmother of missing Oregon boy Kyron Horman was thwarted by an ill-executed sting operation at the family's home last month.

ABC's Portland affiliate KATU is reporting that the landscaper police say Terri Horman allegedly contacted to kill her husband and Kyron's father, Kaine Horman, was in on the sting, but then raised the woman's suspicions enough that she called 911.

The landscaper showed up at Horman's door June 26 wearing a hidden microphone to demand hush money. Undercover agents were nearby. But the plan backfired when Horman called police to report an emergency, according to KATU, telling the dispatcher a man at her door wanted $10,000.

KATU cited sources as saying that was the second call of the day. The first came minutes earlier to report that someone in a truck was threatening her.

Responding officers found themselves face to face with the undercover agents and Horman was not taken into custody.

http://abcnews.go.com/GMA/search-kyron-horman-complicated-apparent-botched-sting-step/story?id=11114051

Janet - TY

The other night we were posting about the number of 911 calls that day. Some said two: one about wanting money and one about Kiara being taken from the home.

I thought I had read before that there was a call when the white truck was threatening and then a second call was trying to get money from herm.  I couldn't find a link that stated that.

So, if the call to 911 about Kiara was later that day - then it would appear there were a total of three 911 calls made that day (unless the call about Kiara was made after midnight - officially making the call the "next" day).

[nicubird]

I find it downright concerning that Terri was legally evicted from her home and has legally been denied contact with her daughter for the past six months based on Kaine's word that LE had probable cause to believe that she was involved in a murder for hire plot and participated in the disappearance of Kyron.

Think about it.  Six months following the RO and the eviction ... Terri has not been declared a person of interest in either incident.

Janet

++++++

Kaine Horman asks judge to make Terri Moulton Horman move out of his house
Published: Thursday, July 08, 2010, 12:06 PM
Updated: Thursday, July 08, 2010, 6:43 PM

Multnomah County judge today unsealed the petition for the restraining order which Kaine Horman obtained on June 28, two days after investigators informed him that his wife had offered to pay a landscaper to kill him months before his son's disappearance.

"I believe respondent is involved in the disappearance of my son Kyron who has been missing since June 4, 2010. I also recently learned that respondent attempted to hire someone to murder me,'' Kaine Horman wrote in his petition. "The police have provided me with probable cause to believe the above two statements to be true."

http://www.oregonlive.com/portland/index.ssf/2010/07/judge_releases_restraining_ord.html

Terri has recourse to both the "eviction" and restraining order. The only reason the court is taking only Kaine's and LE's word is because Terri has not exercised her rights to challenge their secondary to the likelihood self incrimination in the criminal case (her lawyer's words, not mine). If Terri has nothing to hide, she would challenge the restraining order. If Terri is hiding anything to do with Kyron's disappearance she absolutely should be no where near her daughter. I'm not buying into the poor mistreated Terri scenario. She only has herslf to blame for her situation. Of course this is my opinion only.

[sebastian]

I keep going back to the fact that LE allegedly spent many nights at the Horman house when Kyron went missing. That just blows my mind. The only thing that makes sense TO ME is that either there was some sort of botched ransom demand or they knew about the MFH plot long before Kyron went missing and TRULY believed it for whatever reasons. I also think that LE being in the Horman home made them see something about Terri that did not sit right with them. Think about it. If they thought that Terri took Kyron, wouldn't it have been smarter to give her some leway to see if she led them back to Kyron? They were pretty quick to show their hand which is why Terri purchased the bat phones etc. Had they and the parents not started pointing fingers at Terri so quickly maybe she would have done things to incriminate herself, thinking that she had gotten away with it? I don't know, this whole thing is beyond sickening! WHERE IS KYRON?

[sebastian]

O/T Happy Birthday Lazydog! I hope that you get all of your birthday wishes!!!!!

[sebastian]

I would also like to say that many of the LE, the FBI, ICE, the DEA, etc that were involved in this case are parents, aunts, uncles, brothers, sisters. I cannot imagine that all of these agencies would not put all of their efforts into finding Kyron, an innocent little boy. I just no longer buy into the fact that ALL of these agencies had tunnel vision with regards to Terri.