Terri Horman tries to delay lawsuit filed against her
PORTLAND, Ore. (AP) — The stepmother of an Oregon boy who vanished two years ago has asked a judge to hold off hearing a civil suit that says she knows where the boy is and must turn him over.
The suit, filed by Kyron Horman's biological mother Desiree Young, seeks $10 million and asks a judge to order Terri Horman to return Kyron or, if he's dead, say where his remains are located.
The boy was 7 when he disappeared June 4, 2010, after attending a science fair at his school.
In the motion filed Tuesday to hold the case in abatement, Terri Horman says the civil suit seeks facts that could lead to a criminal prosecution. She wants the judge to stay the case by two years.
"While one can sympathize with Young," Horman's attorney, Peter Bunch, wrote in the filing, "her lawsuit is, at its core, an attempt to circumvent established procedures for discovery in criminal proceedings and is an attack on Horman's fundamental constitutional rights."
Investigators have long focused on Terri Horman, although they have not named her as a suspect or filed criminal charges.
The civil lawsuit accuses her of kidnapping Kyron, by herself or with help.
When the lawsuit was filed June 1, Young's attorney, Elden Rosenthal, said it would be on a "parallel track" with the criminal investigation. He would not say what kind of reaction the Multnomah County Sheriff's Office gave when he informed them of Young's decision to sue.
Terri Horman believes the suit is working to advance the aims of local law enforcement. She points out that the judge hearing her divorce from Kyron's father, Kaine Horman, delayed that case while the criminal investigation plays out.
"Plainly and simply, Young's lawsuit is a quest for information to move the criminal investigation forward and to taint any jury pool," according to the filing.
Civil allegations require a lower standard of proof — a preponderance of evidence — than criminal charges, which must be proven beyond a reasonable doubt.
Compelling her to testify, Bunch wrote, could force Terri Horman to invoke her constitutional right against self-incrimination, pointing out the weak spots in her case.
"The burden on Horman of being required to participate in this lawsuit before the district attorney and police have completed their investigation squarely jeopardizes her constitutional rights," Bunch wrote. "
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Isn't there a loophole in the law that says although you have the right not to self-incriminate, the rights of an adult will never, ever supersede the rights of an innocent little child under the age of 13 years of age, to be reunited with their loved ones?
Where is the FAIRNESS to Kyron, an innocent little boy of 7, ripped from his family and friends? Â Â What about the ongoing fear among his young classmates that they too will disappear? What kind of society allows two years to pass while protecting the rights of adults who make choices a child doesnât get to experience?
Since the most vulnerable and innocent victim in this case is a child, and by any stretch of the imagination is not an equal adversary against the misuse, abuse and mind-twisting abilities of an adult, extraordinary steps become necessary to reunite the missing child with his family, his community and by the virtue of national media coverage the extended viewers whether it is a living child or their remains.
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After two years of waiting for a child to come home, shouldnât the rights to protect against self-incrimination expire?
"Terri Horman says the civil suit seeks facts that could lead to a criminal prosecution. She wants the judge to stay the case by two years." Doesn't this statement on it's own SAY basically that she is admitting to knowing and is trying to put off the inevitable? I realize that we have a system in this country that allows the assumption of innocent until proven guilty, but why are Terri's rights more important to Kyron's (and his family's)? That just doesn't make sense to me!
Has anyone heard of  "Preponderance Of Evidence" ?
Only the great psycopath and sociopaths that are the great deceivers. Terri's whole demeanor
reaks and shouts guilty from the absence of the demeanor of what an innocent person would
continually project. AND SHE DON'T HAVE IT DESPITE YOUR GOOD INTENTIONS!!!
 @FLATFOOT2810 "AND SHE DON'T HAVE IT DESPITE YOUR GOOD INTENTIONS!!!" When I asked if anyone had heard of   "Preponderance Of Evidence", I was responding to those who believe Teri is being judged unfairly.
 @FLATFOOT2810 WHAT did you just attempt to say?
Get up on the wrong side of the bed Mick Wagner........?
Get up on the wrong side of the bed, Mick Wagner............?
Sorry....dbl post...hit enter twice
Get up on the wrong side of the bed Mick Wagner........?
Get up on the wrong side of the bed, Mick Wagner............?
Many folks want to believe she's innocent because so far there's been apparently no forensic evidence tied to her.
However, what Terri doesn't realize is that it isn't what she has said so far that is highly suspicious of guilt, but it
is what she isn't saying or doing in her demeanor toward the media, parents, etc. that normally an innocent person would in fact do, and continue to do distance herself from such an evil act.Â
 @FLATFOOT2810 I agree with your points, as well, no one thinks it is weird that she has basically given up all rights to her own flesh and blood child to avoid having to answer questions about Kyron? Who on earth would do that if they had nothing to hide?
I really hope that none of you that want to hang someone without proof are ever arrested. You might be hung yourself. Until proof positive is found, you do not have a guilty person. Some of the comments are a bit ridiculous, but those are rights...to comment without thinking first.
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do you know fo or have hear dof any proof she did not do it?? She was the last person to be with him, he was little boy he did not go by himself she did somehting with him..I know it and so does everyone else..She is evil she is souless jus t look in her eyes she is selfish and self centerted that is a given..Popelelike her wan tot bne pited and l;ike the attention even if negative, that how they live..A real mother would have had pics of Kyron on er FB page she did not, Was it oK to try ot kill her husband, that was reason enought ere to take her in..and how th hell did her cell phone signals come from Sauvie Island?? did it take itself there?? Really?? sure ly you a r e not that simple..second thought if you stick for her you got a screw loose seriously...
Your comment is very hard to understand, trying to figure out what words you are putting together.
I am not for or against her. Do you have proof positive of what she did? Or are you a witness to what may have happened? Or do you only have information from the media or forums to go by?
If you have proof positive, then perhaps you should show the proof and evidence to LE.
ANd no, no screws loose here.
There are men and women sitting in prison,right now, some for life,,  convicted on circumstantial evidence,,, How did Terri Horman escape this ? I find the judicial system seems to of failed Kyron in Oregon
Poor little Kyron. Unfortunately, this case will probably be delayed, her lawyer is right in his filing. Makes me sick that she goes on living her life while Kyron is either alive living with strangers or no longer alive. How could someone do something like this??
Send her to the Hell of the Red Hot Poker!
 @Mick Wagner , BobC, Gravity, etc.....O'puleeeze....I was being facetious...hell,  Terri is NEVER gonna spill the beans! But, someday, maybe an accomplice will. It's frustrating that w/all our/the knowledge available, we let a precious little one slip away/be lost (but NOT forgotten!)....and, Yes, in the real world, I would do something drastic if it was my kid or grandkid.
Again till there proof one way or the other I will hold back my judgment but all of you that want to throw the first stone put yourself in her place. Especially if she is innocent
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Rev.
Desiree's sister has created a site to collect donations for Desiree's legal expenses incurred by filing the lawsuit. Desiree believes that Terri has the answers that will help solve her son's disappearance.
http://www.youtube.com/watch?v=2ug25tr4vcs&feature=youtu.be http://www.gofundme.com/kyronhorman#description
Terri Horman says the civil suit seeks facts that could lead to a criminal prosecution. Â That means she has information that if uncovered could result in criminal charges against her. Â This civil suit is about what she did with Kyron, so the information must be regarding Kyron. Â She doesn't want her son to testify, so I would assume he has information regarding Terri and Kyron too.
There are some REALLY stupid comments here - so let's try and cut through the bullcrap, shall we? In the first place, Young's attorney had to have known, when he filed the suit, that this would be the result, but he was up against the two-year statute of limitations for torts. This raises the question of whether or not the two-year limit should be raised, but that's a conversation for another day. Oregon law SPECIFICALLY supports the filing of a "motion to abate" in several circumstances, and this is one of them. I would say that there is virtually no chance that the court will allow the lawsuit to proceed, until the criminal case is resolved - if it ever is. As far as why Horman hasn't been charged with a crime, the answer's very simple: they don't have enough evidence to convict - I'm not even sure that they could get a grand jury to indict, under these circumstances. As for all of you that "know" she's guilty: please, share your evidence with the authorities, if you have it. If you don't, then it's just your opinion - keep it to yourself, unless you have a substantive comment to make. It sure seems to me that a lot of folks are more than willing to ignore the U.S. Constitution, as long as it disadvantages somebody else. I'm pretty sure that if any of YOU were suspected of doing something illegal, you'd want the FULL advantage of your own constitutional rights. Therefore, when you say that somebody else's rights should be ignored, then you are essentially saying that you are BETTER than the rest of us - entitled to more rights, because you're "special"! Well, in the way that Corky from "Life Goes On" was "special", you're probably right!
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Here's the one thing about your post that I disagree with. People don't have to keep their opinions to themselves. This is America.  Opinions are meant to be shared in a forum like this one. Not kept to yourself. And remember, we are all here reading this stuff by choice ... not being forced to listen to it.However,  I totally AGREE with you about the rest. If somebody has any evidence or proof, they should have shared it with LE a long time ago. In fact they could be considered some kind of accomplice for keeping evidence from the authorities. What this means (to me) is simply that there is no proof of her guilt. So as you noted, when someone says "I know" she's guilty ... they don't actually "know" anything at all. They "think" she's guilty. Which makes it an opinion.  But the people who want to share their thoughts should be more clear about the difference between opinions and facts. (All it takes is 2 words at the beginning: "I think" ) This is a HUGE problem that plagues our entire country. Too many people barely have a clue what the difference is. They just think anything they disagree with is automatically a lie. I think we can thank Rupert Murdock for blurring the line between fact and opinion for us. And for helping turn dialogue in America into a 2nd grade level discussion.Â
 @Mick Wagner You say " As for all of you that "know" she's guilty: please, share your evidence with the authorities, if you have it. If you don't, then it's just your opinion - keep it to yourself, unless you have a substantive comment to make. It sure seems to me that a lot of folks are more than willing to ignore the U.S. Constitution, as long as it disadvantages somebody else.' You yourself are one of the those folks that are more then willing to ignore the U.S Constitution by staying that we need to keep our opinions to ourselves.....it seems you have forget the First Amendment of the Constitution and that is the Freedom of Speech.Â
@Mick Wagner,Very well stated! So many want to hang someone without proof. Until the truth comes out, it could be anyone.
True..But I wiwll be watchign the egg on thefac e of the Terri believer s are splattered,,she is gulty of many things including conspiracy to kill her husbamnd ,,do ya think that was cool?? Was her cell phone on sauvie Island on its own that day?? what was going there?? a Little boys does not take ff on his own,bottom line she is the only one who would have , could haveand did..wait and see...she may not have done t he deed herself but she does know what happened I guarantee it , her demanor proves it,I rea d people and she is a friggin liar..
You write like someone with severe brain damage. I'm embarassed for you.
@Mick Wagner Well, after two years and no one is any closer to finding out what happened to this child, I think you are hearing frustration from the many who have followed this from day one. Terri has not helped in the investigation, and even left a lot of questions unanswered about that day. I'm sure if this were your child or a child you were close to, you would want someone to be charged. We want the right person charged, whoever that may be.Â
I expect this to be approved. The lawsuit is ridiculous anyway.
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There clearly isn't any proof she did a damn thing, because if there was, she'd be in jail, charged with something.
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DY needs to ask Daddy Dearest what HE did.
 @starshadow I follow a lot of these cases, and what gets people put in prison is talking, maybe they don't have rock solid proof, but lots of cases are won on circumstantial evidence. As much as I believe Terri is guilty of the unthinkable, I don't necessarily believe she will ever see the inside of a prison, she is smart enough (or has the right help) and has kept her mouth completely shut, just like the Ramseys and to some extent Casey Anthony, if you don't talk, they can't gleen information from you, pure and simple.
when children are involved it takes longer,, her demeanor says it all..
@starshadow --Do you remember when Kyron was first missing, and the first reports was that the dad worked at home that day. So---being a proud daddy and all, why did' nt he:  a)go look at his science project at school that morning and leave Terri at home w/the sick baby girl....and:  b)why did'nt both step-mom and Daddy go to the school to see Kyron act in the end-of-year play? knowhutImean?
Instead step-mom and dad were "waiting" for him to arrive home on the bus. Something about this "dissapearence" has never set right w/me.
I sure hope the truth comes out one of these days! (as does everyone).
Teri Horman.......
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Your two years are already up!! Â You do not get two more!! Â Now put on your big girl panties and tell us all where you have Kyron. Â
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Oh, wait....I forgot....you don't want this to be about Kyron...you want this to be about you!! Â Well then....put on your big girl panties and tell us all where you have Kyron and you'll be remembered as the best villain in Oregon. Â People from all over will know who you are and say...."My, isn't that that crazy, sociopathic Biotch that offed her step-son; why, she's the best crazy, sociopathic Biotch there ever was!!"
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Your time, my dear, is up.
@Ely Oh, Diane Downs will not like losing that designation! Two crazy women, that's for sure.
I don't understand why she has not been charged with anything at all It seems to me they want all the infor that they can get to put her away for ever. Well trying to hire some one to murder her husband is enough to charge her with that, we all know that she hated Kyron , as well as Kaine. The Psychic said that she had a male help her was it her son ? Is that why she wants him not to take the stand he was the one to lead him away per say ? Â
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@The Baker Chick What psychic are you talking about?
Come on Terri. Tell us where Kyron is. At least that way, when you go to prison, they will put you in isolation instead of general population. Think it over...
"Terri Horman says the civil suit seeks facts that could lead to a criminal prosecution."
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Nuff said......
i know right!
If she's guilty, then by golly I hope they can prove it!
@Sixty-Something-Lady. Sodium Pentathol only works well in movies and mystery/crime novels. It's truly unreliable.
@Gravity Works!  yeah, I know. It's just what one would do IF one only could. (and yes, it does work!) (*Hey, I blab everything when I come out of surgery!) ;o)
 @Sixty-Something-Lady  @Gravity Yep... been there. LOL
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@Sixty-Something-Lady .........if you want to live to be seventy-something, I suggest you start using the brains God gave you. Start by realizing what you just posted is assinine.
 @Sixty-Something-Lady Oh, yeah. Why don't you start by trying to get your hands on some Sodium Pentathol? (penathol?? really??) Then, when you're in Federal prison for violating the "controlled substances act", the state will have plenty of time to bring its own charges for, oh I don't know, how about Assault and Battery, Wrongful Imprisonment, Attempted Murder (pentathol can KILL you, if it's administered improperly), and the like!
 @Mick Wagner Wow... Do you REALLY think she was serious? It was hypothetical.
 @Mick Wagner  @Sixty-Something-Lady I doubt you would be able to find a jury who would convict her of all those things based on the circumstances.
@kumitekat @Mick Wagner ~~I know--it was just wishful thinkin'.