10-07-2010, 04:39 PM
some fascinating legal gamesmanship today>>>
Terri Horman willing to agree to immediate divorce, with delay in settling custody to avoid self-incrimination
October 07, 2010
The Oregonian
Terri Moulton Horman and Kaine Horman met in family law court for the first time today since Kaine Horman filed for divorce and obtained a restraining order against his wife.
Terri Horman's divorce attorney, Peter Bunch, asked the judge to hold the divorce proceedings in abatement while the criminal inquiry proceeds, but Kaine Horman's attorney is fighting any delay.
Bunch argued that a parallel civil divorce case, while the criminal investigation proceeds into Kyron's disappearance from Skyline School, would jeopardize Terri Horman's Fifth Amendment rights not to incriminate herself.
"Everything at issue in the divorce is fodder for the state in its forging of additional links in its evidence," Bunch said. "Virtually anything she says can be used by the state....The state has the ability to obtain every single bit of information that is produced in this case and that is outside the bounds of what it could do were this proceeding not occurring."
Further, Bunch argued that if the divorce proceedings were allowed to proceed, he'd instruct Terri Horman to invoke her Fifth Amendment rights not to incriminate herself.
"There's no doubt police will use what she says if she doesn't," Bunch told the judge.
Bunch also contends he'd be at a major disadvantage because the state and police aren't sharing their investigative material, not even allowing them to obtain a copy of a 9-1-1 call Terri Horman made in December.
"You've got Mr. Horman, who is getting regularly briefed by police," Bunch said. "I'm at a complete and utter disadvantage in this divorce case."
Stephen Houze, Terri's criminal defense attorney, said they have sent subpoenas to depose the lead criminal investigator in Kyron's disappearance, Robert O'Donnell, and Rudy Sanchez, the landscaper investigators say was approached by Terri Horman to carry out a murder-for-hire plot against her husband.
Houze said he expects the district attorney's office to thwart that discovery. And if either side can't proceed with discovery, Houze argued that the civil case couldn't practically proceed.
Houze suggested the filing of the divorce case by Kaine Horman represents an attempt by the state to use the civil process to gain discovery for the ongoing criminal inquiry. "There can be no doubt that one of the purposes to be served by discovery is to illicit information by Ms. Horman that would be directly channelled to police,'' Houze argued.
Terri Horman is willing to stipulate to an immediate divorce, while asking the court to delay decisions on custody and parenting time for at least two years.
Yet, if a divorce abatement is granted, Bunch said he'd asked the court to alter the current "no parenting time" restriction Terri Horman faces to allow some type of supervised, reasonable contact between Terri Horman and her daughter, Kiara.
"She's the primary parent. That child needs to see her," Bunch said. "Certainly Ms. Horman misses her child and would like to see her. Her complete primary focus is her relationship with her daughter."
Kaine Horman's divorce lawyer, Laura Rackner, hasn't spoken yet this morning. She is expected to also argue for Terri Moulton Horman to disclose the source of her fees for high-profile criminal defense attorney Stephen Houze.
Kyron has been missing for four months. He was last seen at Skyline School early June 4 when his stepmom took him to school for a science fair. His stepmom Terri Moulton Horman is the last person to have seen Kyron that morning.
Although law enforcement has not publicly named a suspect, investigators have been intently focused on Terri Horman.
Kaine Horman filed for divorce June 28, two days after investigators informed him of an alleged murder-for-hire plot that his wife had discussed with a landscaper to kill him about six months before Kyron's disappearance.
Kaine Horman left their rural Northwest Portland home immediately, but has since forced his estranged wife out of the home. Kaine has sole custody currently of their daughter.
After a break, Kaine Horman's divorce lawyer argued that the divorce proceedings need to move forward.
Rackner said Terri Horman's request to delay the civil divorce case is not in the children's best interest, but "it's about her concerns and what she wants for herself."
She cautioned the proceeding could be delayed indefinitely, which would not provide stability for the children. Rackner referred to both Kiara, the couple's 22-month-old daughter, and Kyron.
"In this case, we don't even have an indictment, so we don't even have a limit as to how long this can go on," Rackner argued.
Rackner's assisting attorney, Alex Nowlin, said they never indicated they'll be compelling testimony from Terri Horman.
"The Fifth Amendment does not give the right to delay a court proceeding because she's unwilling to testify," Nowlin said.
Terri Horman, dressed in a blue suit, sat between her two attorneys, while Kaine, wearing a white dress shirt and trousers, sat at the other end of a table, besides his two divorce attorneys. They avoided eye contact throughout.
The hearing broke at 11:18 pm. Judge Keith Meisenheimer said he'd rule on the motion to delay the proceeding at 1:30 p.m.
Terri Horman willing to agree to immediate divorce, with delay in settling custody to avoid self-incrimination
October 07, 2010
The Oregonian
Terri Moulton Horman and Kaine Horman met in family law court for the first time today since Kaine Horman filed for divorce and obtained a restraining order against his wife.
Terri Horman's divorce attorney, Peter Bunch, asked the judge to hold the divorce proceedings in abatement while the criminal inquiry proceeds, but Kaine Horman's attorney is fighting any delay.
Bunch argued that a parallel civil divorce case, while the criminal investigation proceeds into Kyron's disappearance from Skyline School, would jeopardize Terri Horman's Fifth Amendment rights not to incriminate herself.
"Everything at issue in the divorce is fodder for the state in its forging of additional links in its evidence," Bunch said. "Virtually anything she says can be used by the state....The state has the ability to obtain every single bit of information that is produced in this case and that is outside the bounds of what it could do were this proceeding not occurring."
Further, Bunch argued that if the divorce proceedings were allowed to proceed, he'd instruct Terri Horman to invoke her Fifth Amendment rights not to incriminate herself.
"There's no doubt police will use what she says if she doesn't," Bunch told the judge.
Bunch also contends he'd be at a major disadvantage because the state and police aren't sharing their investigative material, not even allowing them to obtain a copy of a 9-1-1 call Terri Horman made in December.
"You've got Mr. Horman, who is getting regularly briefed by police," Bunch said. "I'm at a complete and utter disadvantage in this divorce case."
Stephen Houze, Terri's criminal defense attorney, said they have sent subpoenas to depose the lead criminal investigator in Kyron's disappearance, Robert O'Donnell, and Rudy Sanchez, the landscaper investigators say was approached by Terri Horman to carry out a murder-for-hire plot against her husband.
Houze said he expects the district attorney's office to thwart that discovery. And if either side can't proceed with discovery, Houze argued that the civil case couldn't practically proceed.
Houze suggested the filing of the divorce case by Kaine Horman represents an attempt by the state to use the civil process to gain discovery for the ongoing criminal inquiry. "There can be no doubt that one of the purposes to be served by discovery is to illicit information by Ms. Horman that would be directly channelled to police,'' Houze argued.
Terri Horman is willing to stipulate to an immediate divorce, while asking the court to delay decisions on custody and parenting time for at least two years.
Yet, if a divorce abatement is granted, Bunch said he'd asked the court to alter the current "no parenting time" restriction Terri Horman faces to allow some type of supervised, reasonable contact between Terri Horman and her daughter, Kiara.
"She's the primary parent. That child needs to see her," Bunch said. "Certainly Ms. Horman misses her child and would like to see her. Her complete primary focus is her relationship with her daughter."
Kaine Horman's divorce lawyer, Laura Rackner, hasn't spoken yet this morning. She is expected to also argue for Terri Moulton Horman to disclose the source of her fees for high-profile criminal defense attorney Stephen Houze.
Kyron has been missing for four months. He was last seen at Skyline School early June 4 when his stepmom took him to school for a science fair. His stepmom Terri Moulton Horman is the last person to have seen Kyron that morning.
Although law enforcement has not publicly named a suspect, investigators have been intently focused on Terri Horman.
Kaine Horman filed for divorce June 28, two days after investigators informed him of an alleged murder-for-hire plot that his wife had discussed with a landscaper to kill him about six months before Kyron's disappearance.
Kaine Horman left their rural Northwest Portland home immediately, but has since forced his estranged wife out of the home. Kaine has sole custody currently of their daughter.
After a break, Kaine Horman's divorce lawyer argued that the divorce proceedings need to move forward.
Rackner said Terri Horman's request to delay the civil divorce case is not in the children's best interest, but "it's about her concerns and what she wants for herself."
She cautioned the proceeding could be delayed indefinitely, which would not provide stability for the children. Rackner referred to both Kiara, the couple's 22-month-old daughter, and Kyron.
"In this case, we don't even have an indictment, so we don't even have a limit as to how long this can go on," Rackner argued.
Rackner's assisting attorney, Alex Nowlin, said they never indicated they'll be compelling testimony from Terri Horman.
"The Fifth Amendment does not give the right to delay a court proceeding because she's unwilling to testify," Nowlin said.
Terri Horman, dressed in a blue suit, sat between her two attorneys, while Kaine, wearing a white dress shirt and trousers, sat at the other end of a table, besides his two divorce attorneys. They avoided eye contact throughout.
The hearing broke at 11:18 pm. Judge Keith Meisenheimer said he'd rule on the motion to delay the proceeding at 1:30 p.m.