Judge agrees to delay civil suit against Terri Horman
PORTLAND, Ore. – A judge has delayed the civil suit filed by Kyron Horman’s mother, Desiree Young, against the boy’s step-mother, Terri Horman.
Judge Henry Kantor made the ruling last week following a request from Multnomah County District Attorney Michael Shrunk.
Shrunk wrote in his request that information from the civil case could jeopardize their ongoing investigation into Kyron’s disappearance.
Sources close the investigation speaking on the condition of anonymity said investigators have made recent progress on two fronts, both expanding on leads and developing new information about the case.
The sources said investigators argued that airing that information in a civil case could hurt the investigation.
Kyron disappeared from his Northwest Portland elementary school in June 2010. Despite a large-scale investigation, there have yet to be any criminal charges filed related to the case.
In the civil suit, Young accuses Horman of kidnapping Kyron, saying she is “responsible for the disappearance of Kyron.”
In requesting that the civil case be put on hold and the related documents be sealed, Shrunk argued that the moves were “in the best interest of justice” and will “preserve the integrity of the investigation and promote the safety of the witnesses involved.”
Elden Rosenthal, Desiree Young's lawyer, would not comment except to say that we can expect a statement on Wednesday from Judge Kantor about his ruling.
Calls to the district attorney’s office have not yet been returned.
Earlier this year, Kantor had refused a motion from Terri Horman to delay the trial. She had argued that facts in the case could lead to criminal charges and could violate her right to not incriminate herself.
Has anyone noticed that when Desiree filed the Civil Suit that the DA said he had no objections but all of the sudden he does???? I am guessing that LE and DA were requested info "or" someone on the list of those to be depositioned will spill what they saw and through the whole case into a tail spin and it doesn't involve Terri.
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If it has anything to do with Terri the DA and LE would have let the civil case go as planned.
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Here is a thought. Anything uncovered or said during a civil trial can be used as evidence during a criminal trial. That is why Terri wanted the civil suit delayed. So knowing that , why would the DA shutdown a trial that could ,and would,produce evidence that could make their case? Â
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The most likely reason is there is another suspect out there they are looking at and the civil trial could compromise that investigation.
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Keep in mind there is no real evidence that points to Terri or else she would have been hooked and booked  by now.Â
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Yes but if you compel a person to testify in civil court, you run into 5th amendment issues in criminal.
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So let's say the civil suit is allowed. Horman is compelled by the judge to answer a question. That answer implicates her, or is a complete admission of guilt.
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Now Horman is on trail for her role in a crime related to that testimony. Her lawyer stands up and says my client was not permitted her 5th amendment rights and this proceeding violates her privilege under single jeopardy.
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The criminal case is thrown out. She will never be tried for her involvement.
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So the DA wants his crack at her before the civil case is thrown at her.
 @Repoman  @Civ Looks to me then the DA needs to put up or shut up. Either he has evidence to charge her or he does not.
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The records from the civil trial are public record  so the civil testimony is not covered on the 5th amendment statutes as she would not be questioned on the exact civil testimony.  That would be like saying lawfully collected evidence from a scene violates her 5th amendment rights.  She could then plead the 5th on questions asked at the criminal trial.
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But still if the DA has something he better make an indictment.Â
Terri Horman must have some weird connections, she should be in jail and she is walking around like nothing is wrong.. WHAT ? That woman knows where that boy is and she walks free... AMAZING
 @dougrpdx If you can prove that, you have better information than the DA and the investigators.
Enough is enough. Put her backside to the fire. Make her talk under oath, if she refuses then lock her up untill she comes clean. The judge can hold her in contempt. Also why seal the files? What is there to hide? It's time for Kyron to come home. She lied where she was, She failed a poly. Cell phones records have torn her aliby apart and has implimented a friend in all this. The only reason why we hear about Kyron anymore is from the Mother's wish to find out where her son is. Now they shut her up by delaying court. How much more time needs to go by? When is enough, enough? How much longer before the Police release anything besides"We are working on the case, and we can't comment on it any futher".??????????????????????????
must be so frustrating as an investigator. I asked a former investigator from the PPD if he thought Terri was behind Kyron's disappearance and he basically said "Duh"
If it jeopardizes the case then that tells all of us that she is guilty. Not like I didn't know that, but the legal system is helping Terri hide from being prosecuted.
They mentioned "promote the safety of the witnesses". Â Did I miss something? Â What witnesses? Â Did someone come forward with a credible lead? Â I'm interested to know what the Judge has to say tomorrow. Â I'm sorry that some of you are bored with this case (except you Harry, I want action too!), that's too bad. Â As a Mother, I would NEVER stop looking for any of my boys if they went missing. Â I would raise hell until someone finds my child. Â No parent should have to ever go through what these parents are going through. Â For his Family, I hope that Kyron is still alive out there.... Â I will keep my hope alive until they bring him home. Â
 @myopinion73 Sounds to me like someone finally started talking! Maybe DeeDee Spicer changed her story?
Well Said myopinion73!!Well Said!!!
Tell the parents and the world  the truth about Kyron already Terri!!! Where is Kyron??????
 @Sunny Wow, that was such a great post. Thanks for sharing.
I don't understand when the breakdown between Kyron's parents and the DA happened. Either Desiree is not being kept in the loop, or she doesn't trust what they are telling her.
 @Lips I dont think it was a breakdown, but more of a timing thing. If I recall correctly there was a 2 year statute of limitation on filing the suit, which was why she filed it when she did.
 @Lips Or Rosenthal is yet telling her something else  which may add confusion to the picture for her.
I think the approach that Gene Hackman used in "Mississippi Burning" would be more appropriate! Â I really wish they would finally resolve this case. Â Poor Kyron!
 @Shintagirl You want the DA to threaten to cut off her balls?
Well, let me say right off the bat that I HOPE I'm wrong, but speaking as a former criminal case investigator, I don't think that there's a rat's-ass chance that this case will ever actually be solved- at least in the sense of a trial with a guilty verdict. The statements by the D.A. and the Sheriff (who also intervened in the case - wonder why the story didn't mention that?) appear to me to be self-serving puffery; more designed to put pressure on Terri than to actually indicate they're making any real progress - at least to the point of being able to bring and prove criminal charges. I think that they're really worried that Desiree's case would end up revealing information which they would like to keep close to the vest for right now.  There's a real difference - in the legal sense - between knowing who committed a crime, and being able to prove that knowledge to a jury of 12 individuals. Anybody remember O.J.? How about Robert Blake? Terri's attorney is a real heavyweight defense lawyer, and if they don't have ALL their ducks in a row when (if?) they get around to charging her, he's gonna light 'em up and pee 'em out in open court! Let's everybody also remember that - while there's no statute of limitations on capital crimes - you only get one chance to try somebody, so it makes more sense to take your time, rather than rush ahead because of public pressure, and risk blowing the whole case. Again, anybody remember O.J.? In fact, an attorney of my acquaintance - who was also friends with both Johnny Cochran and Robert Shapiro- told me that in his opinion, the single biggest thing O.J. had going for him - apart from his money - was that Robert Shapiro (who represented him at his initial arraignment) wasn't a criminal attorney. So, when they asked the standard question as to whether the defendant waived his right to a speedy trial - which any defense attorney worth his salt would agree with - Shapiro, remembering back to his criminal law class in law school, remembering that a defendant has an absolute Constitutional right to a speedy trial, said "No." That's all it took. The Los Angeles D.A.'s office probably hadn't dealt with a speedy trial request for 20 years or more. The average wait for a felony trial back then on the "non-speedy" trial docket was 2-3 years - NOT the 180 days that the speedy trial statues in California required! Since O.J.'s financial resources allowed him to pretty much match - if not exceed - the trial support services available to the D.A., they and the cops were pretty much playing catch-up right from the starting blocks. Anybody want to see that happen here? To those that keep clamoring for "them" to "just arrest her, already!", I would say, in the words of the punchline from the old vaudeville joke: "Patience little @$$, patience."
Maybe a little Gitmo action will loosen those lips.
 @oops Good idea. All American citizens should be subjected to torture if they're suspected of committing a crime. The Constitution is an obstacle to "real" justice.
Boooo! Just get it over with already. This has dragged on long enough. Terri, just tell them what happened to Kyron already. We know you know. Otherwise you wouldn't be playing hardball. Your actions scream guilt.
 @mkamom The DA disagrees with your approach to justice, and this case. You should tell him that he's not doing his job right, and that you could do better.
Interesting... especially the document-sealing part, although it is understandable... Â If they do, in fact, have something recently uncovered, they probably want to avoid giving someone any fore-warning... I sure do hope that whatever they have will lead to finding Kyron (or his remains), or at least, finding out what happened to him and who was/is responsible for it. Â
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Whatever issues these adults had among themselves should NOT have resulted in whatever has happened to that little boy...
Looks like their getting ready to arrest Kane Horman, or his sex offender brother in WA.
 @RandyH Thank you, but I do not think the brother in Wa did it. The majority  of the population believes Terri did it, Why? The population "knows" Terri failed a poly, Why? Everyone is aware Terri lied about where she was for hours that day, Why? ....The answer, Kaine has taken every opportunity to tell the media these so called facts....With every interview, fund raiser, he is pointing his finger at Terri....We the public were NEVER told by any law enforcement agency any of this BS. All the news reporters are reporting what Kaine is telling them. The only true fact we (the public) knows is Terri is not talking. Why in the world would this woman open her mouth, she is apparently being framed and every one believes the statements from Kaine. She has been tried, found guilty and hung, by the public...Even if she made a public statement, no one would believe her. There were no facts to support the stay at mom (Terri) hired a hit man (a gardener) to kill Kaine, that story also came from Kaine, yet every one still knows, because Kaine said it, this must be true. I found the interview given by Terri's son regarding the night Kryon went missing very enlightening. In that report, he stated the Kaine broke down and cried, balled his eyes out.....While every one else was frantically searching, worried, calling people, Kaine was morning the lose of his son, Why, unless he know something no one else knew.......Just ask yourself one thing before your fingers hit the keyboard, Where are your facts coming from???? Katu? Fox? Remember they are getting their so called reports and facts from Kaine....we the public have been giving no clues, facts or data from any agency investigating this case. And as a reminder, Desiree was attempting to get legal custody of Kyron at the time of his kidnapping...If Terri hated Kyron (as she is painted) If Terri wanted Kyron out of her life...well folks Desiree was about to get him back, Terri would not have needed to make him disappear.....on the flip side of the coin, Kaine might have believed, If I can't have him, no one will......or perhaps no family member did this and it was a random kidnapping  from a public school, full of visitors.   Â
 @Tyler Van Pelt  @RandyH Why did Kaine pass the poly and Terrie didn't?
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 @Beachlife  @Tyler Van Pelt  @RandyH It was stated in the news in the beginning and seems everyone missed it or chose not to "see" it.
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There has never been any statement by LE that Terri is prime suspect.
I am not saying she couldn't be but there hasn't been anything other than Kaine and Desiree making those statements.
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My bet is that LE threw out a tip from the beginning because it didn't seem logical or "fit" the theory.
 @Beachlife  @Tyler Van Pelt  @RandyH Terri did pass the poly with everything "except" her lifestyle. She passed everything that had to do with Kyron.
  @RandyH - Somebody has been reading Willamette Week but not long enough to spell Kaine correctly.
your user name is hilarious!
 @CramRalphden I like your name! Can you give me a link to the WW article you're referring to? I tried to look it up online and couldn't find it....
The real story here is that a little boy is still missing and remains unaccounted for.
 @DeaconBugg ~  That's the heart-breaking part of this whole mess... a little boy who's missing... 2-1/2 years later...Â
To many Delays and not enough awnsers...
What "ongoing investigation"?? It hasn't turned up squat.
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"She had argued that facts in the case could lead to criminal charges and could violate her right to not incriminate herself."
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Poor baby. If she's so innocent how could it possibly lead to criminal charges? If Horman sleeping with the DA?
@Jamie    ha, she probably would if she could.
Oh a secret witness is there? This will be interesting
"Could lead to criminal charges and could violate her right to not incriminate herself." That sounds like admittance of guilt to me. let me strip out the necessary parts:
"Could lead to criminal charges and could incriminate her. " this is how I understand it.
So why is she so Scared? And why doesn't she want to see the "Surprise Witness"?
 @lee986321 The witness is so secret that they forgot to mention it in the article, and you're the only one who knows about it. You're quite the detective, Lee. Thank goodness you monitor the news forum 24/7 and can stay on top of these things.
While I wish her (the Mom) the best outcome in civil court, I have a difficult time believing Horman has any real monitary resouresÂ
@beaner Her lawyer smells something in the wind or he wouldn't waste his time defending her.
 @hankhandsome  @beaner  Besides any money involved or not involved, trial lawyers also take cases on a fame/juiciness basis because it is great advertising and great for their careers.
@hankhandsome   If u have been following this from the beginning, you might recall that even her own father stated there was a 50/50 chance she would be arrested. Later on, her lawyer said she was a "defacto suspect" He prefers to take on the notorious cases anyway.Â
 @beaner She has to have some kind of monies , because she hasn't been charged with a crime yet and it takes a lot of money to keep people from sniffing around.