Legal maneuvering in Kyron Horman case a hint of progress?
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PORTLAND, Ore. – Investigators have made progress recently in the case of missing boy Kyron Horman, according to sources.
Those hints of progress came after prosecutors suddenly convinced a judge to put a halt to a civil suit brought by Kyron's biological mother, Desiree Young. Prosecutors claimed the suit could hurt their investigation.
On the surface, the legal maneuvering could mean investigators have some promising new clues, but it could also mean they're playing defense trying to stop the civil suit so the lawyers for Kyron's stepmother, Terri Horman, don't learn what evidence and leads investigators have implicating her in Kyron's disappearance.
Here's the chain of events that triggered this latest legal move:
In June, Desiree Young filed the $10 million civil suit against Terri Horman, hoping to force Horman and her friend Dede Spicher to testify under oath about what happened to Kyron two and a half years ago.
But Spicher invoked her Fifth Amendment right against self-incrimination more than 140 times during a recent deposition. A judge was getting close to ruling whether Spicher can remain silent and that's when the Multnomah County district attorney and sheriff's office asked the judge to halt the civil case before she could be forced to take the stand, triggering immunity in a criminal case.
Officially, investigators aren't saying what new leads they have, but in court records Chief Deputy District Attorney Rod Underhill wrote that "premature disclosure of the information ... could jeopardize that on-going investigation."
According to sources, investigators have made progress recently on two fronts: Expanding on leads from soon after Kyron disappeared as well as new information.
Lawyer and former sheriff's captain, Bruce McCain, has been analyzing the case. He's been waiting for the district attorney to step in.
"This has less to do with new smoking gun evidence than it does to making sure that the civil process is stopped in its tracks before it gets any further and starts digging into details the district attorney doesn't want revealed," he said. "The last thing the Multnomah County investigators and district attorney want is for Stephen Houze (Terri Horman's attorney) to start interviewing and deposing under oath people like Desiree Young, Tony Young and other witnesses asking them what they've learned from the investigators."
The exact reason why the DA and sheriff asked for the civil case to be shelved is under seal by the judge. He issued a nine-month delay.
Young said Wednesday her lawyer instructed her to not say anything about this.
She can try to change the judge's mind at the end of the nine-month delay he put on her case.
Recent court documents:
@mmeiko264 Actually I think I would be just FINE with Terri and DeDe being water boarded and other various torture techniques that are used on POWs until they give it all up. I have no doubt in my mind that Terri and her little friend DeDe were directly responsible for Kyron's disappearance. I have said from day one just by watching Terri's mannerisms and hearing her talk to the press that she is responsible.Â
Regardless of whether Terri or DeDe were involved, they are doing EXACTLY what they should be legally doing. They were both identified as suspects early on. Once you are ID'd as a suspect, read your rights, you have the ABSOLUTE RIGHTÂ to remain silent. Remember. 'ANYTHING you say CAN and WILL BE used AGAINST you'.
This not a TV CSI show were the suspect always confesses at the end. Of course we ALL want this to be resolved, but I would think we all want it resolved LEGALLY and with the actual responsible person(s) held accountable.
Kaine, why didn't you realize you didn't have to marry the red water buffalo? Â Did you find out who her real parents were since she was adopted by the Moultons in Grass Valley, CA? Â Did you know Carol LOGAN Moulton and hubby lived in Grass Valley, CA then moved to Oregon? Â Have you talked to any of their Grass Valley relatives if any are still there? Â Carol's maiden name was LOGAN. Â LOGAN. Â LOGAN. Â Anything you can connect that with in northern California? Â
I am all for Desiree Young doing what she needs to do to get Justice for her Son, herself, and her family. Â I support that. Â At the same time, I understand the process of holding back the Civil case. Â It makes sense, even though it's difficult.
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Hang in there Desiree. Â You have a lot of folks supporting you, your family, and Kyron. Â Roll with the punches and do what it takes to protect the criminal and civil aspects of this whole situation. Â You are getting there and you are getting closer every day to getting the answers you deserve and need...and getting Kyron home.
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I'm for Team Kyron!!
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I think Terri acted alone after she found out that involving too many people would get her caught and arrested (attempting to hire a murderer). She took the truck that day. I would guess that Kyron is within a two hour drive of his school, and Terri knows exactly where. Somewhere you'd need a truck to go . . .
@The Voice of Reason Remember, Terri hired a person to kill her husband, so I am not sure what made you think that Terri didn't iinclude others to make Kyron disappeared. From her profile in the past, it is reasonable to assume that she had several people at least two, who participated with her in the disapperance of Kyron.
I hate to say it, but they have stated so many times that they are following new leads that I don't believe them anymore. What are they going to do, search Sauvie Island again? I hope they solve this difficult case and discover what really happened to Kyron.Â
Interesting they really don't seem to want Dede to gain immunity. If they didn't have something then they would probably force her to testify granting her immunity in a criminal case....wish I was a fly on the wall in those private discussions.
My gut kept telling me that the key players in the disapperance of Kyron are Dede and Terri of course with the help of someone working at school, helped the two women to transfer Kyron into their hands. May be Kyron that day went to the bathroom or some other room right after Terri dropped him and then that third party working in school kind of kidnapped Kyron without no one witnessed the incident because the person knows everything about the school so he passed Kyron secretly to the hands of Terri and Dede. And may be then these two women shipped Kyron to another country may be Mexico, so may be now Dede behind the scene working with the law enforcements to save herself, I hope she does anyhow. And poor fool Terri, she thinks she is an expert of hiding crime because the movie she watched so much CSI made her believe not only in movies but in real life she can do anything she wants and can get away without being caught and fooling others, how so fool and ugly, Terri.
 @JUSTICE2013  I think you might be the one who's watched too much CSI.
@badcat Trust me I am not a kind of person entertained by crime movies, no way. Terri has already a history of hiring a person to kill her husband, she is that kind of person who uses others to do evil things on behalf of her.Â
 @badcat  @JUSTICE2013 Thought the LE told Kaine about the hitman hunt and her talk with a prospect.  She isn't smart enough to handle this situation without being guided by experienced very evil people who have her tracks in sharp focus and have her under their constant observation.  Her "friends" are starting to realize they have put themselves in possible danger from various sources and are backing away... maybe running.
 @JUSTICE2013 There was no proof of the MFH plot, which is why she was never arrested or charged with anything -- it's just more hearsay from Kaine. Furthermore, if Terri really is guilty, she's doing a fantastic job of covering her tracks, at least so far.
@JUSTICE2013....but seriously, Terri wouldn't need the involvement of anyone at the school....remember, she's the stepmom...she volunteered at the school....she was a "known" around the school. There would be nothing to alert suspicion in the minds of anyone to see Kyron and Terri walk out together, or Kyron walk out to the parking lot and jump in her truck. If anything, involving someone at the school would only add an unnecessary weak link in the chain that could potentially backfire on her...and for what purpose? No, she wouldn't dare involve anyone at the school....far too risky.
@Solipsist01 Also, didn't she tell the teacher Kyron had a doctor's appointment that morning so the teacher didn't think anything of it with Kyron not being there? Could have all looked normal. Could be a mysterious X factor, right now only God and the guilty party know the real truth. For Kyron's sake I hope he gets justice soon.
@JUSTICE2013....do you think they used UPS or FedEx?
The circus continues. Â This only proves that the prosecutor has reached a dead end, again. Â As for you traitors that have already convicted the woman, maybe you should find another country to live in. Â One that doesn't believe in giving everyone a fair trial, if and when they are arrested. Â How about, North Korea or Iran? Â Since you don't believe in the American system of justice, then leave. Â The sooner the better.
@boomer   Sure Pal, what a great country we have, that is more interested in preserving a potential defendants rights, than protecting the rights and safety of an innocent child. Dede took the 5th 140 times during the deposition? Are you kidding me? People who have nothing to hide don't clam up and hide behind an attorney. A child is more than likely dead, sold into slavery, or being held in some kind of Elizabeth Smart scenario, and Dede can not be forced to tell what she knows? If I'm Kaine Horman, my hands would be around her throat, telling her to "5th Amendment this," How absurd is it, that you have two people who obviously know what happened, and because of legal wrangling, two and half years later, the child is still missing? Yeah..great country, where lawyers tell everyone else how it's gonna be. Really? Not if this happened to my kid. We allow waterboarding in Guantanamo, and other forms of interrogation that get results. So why not do that with those two hags that refuse to divulge what they know? Pathetic. The whole thing is just pathetic. Poor kid. His Dad is a total pussnboots and his step mom is a witch.
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@KillsGermsOnContact....I was with you right until the end...I think Kaine would happily throttle her if he could get away with it.
@boomer....traitors?...we're expressing our opinions, something that's allowed in this country....and in my opinion, Terri is GUILTY AS HELL...there I said it...I believe Terri either killed Kyron herself or had someone else do it, then disposed of his body, probably in a weighted bag in some waterway on Sauvie Island...I'm not the DA, I'm not the judge, I'm not a police officer...I'm just one person who isn't afraid of speaking my mind. if YOU have a problem with people speaking their minds then perhaps YOU are the one who should consider relocating to a county where people aren't allowed to do so.
The only thing I like about hearing these stories now is knowing that Kyron's mom is still fighting tooth and nail. Â I hope she never gives up because one day the truth will come out.
I think the only comfort in this right now is the fact that this is still an active investigation. I've been waiting for this cute kid to be found for so long. It looks like there will be more waiting.
Really, I think this whole case will come down to someone turning on her to save their own ass....or perhaps several witnesses who each have a piece of the puzzle...maybe her son, maybe double D Dede, who knows.
...Bruce McCain...is this really this only source of "opinions" KATU ever seeks in this case and others? It seems to be. He is not exactly on the ball every time in his "assessments". I would think a proper news story would include some other "expert" opinions besides/as well as this same old guy with his own  view.
Here are my feelings about those that are guilty of killing or abusing a child. These individuals once convicted and have exhausted their appeals (1 year max.) are executed in the slowest most violent manner possible........I would hope that once child killers/predators see this kind of punishment/revenge they will never try to harm a child. NO child or other defenceless being deserves to be killed by some deranged, AH.....This must stop, look at the child in Ar. and those in the news in previous years.
Nine month delay? Hmm....LE needs to make sure that their case is good and tight, with no leaking or holes to plug up later.Â
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Kyron needs to be remembered as the sweet kid wearing glasses who has the great toothless grin! Not as the end result of some awful criminal action.
I think they got their women---just need to make it stick
Here is the best solution (yes I seriously doubt it is possible) Kyron comes back to the people of Portland safe and sound as if he were away on holiday....Ah dream on.....In reality my suspicions have always been on Spicer and terri, if it turns out that the two conspired to kill or otherwise harm Kyron then both of them should feel the needle.....Bring back public executions for those that harm children........Hey Kitz try to block this execution.
 @FreerideNOT Castration for male and female pedophiles, surgically blind them permanently so they cannot search the net or buy porn mags, or grab kids off the street.  give them to a relative to take care of.
I had read/heard earlier that the case was delayed until Nov 2014. That's more than 9 months.
 @pdx10 If you read the pdf of the order you'll see that the judge allowed the stay until August 1, 2013.
 @Devo47 What next? Us old deputies had this figured out way back when and the FBOne were absolutely sure they had it all figured out...
Whoever took the kid is WORKING AT THAT SCHOOL, and is probably the last person anyone would suspect....
 @August100 Which crevice of your nether-hole did you pull that out of?
@August100 ....Wow, you should really contact the investigators and let them know to start questioning the people working at the school.
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Sorry, but you're an f'ing moron. Speaking as someone who knows people who live near the school, work at the school, and have kids attending the school, I can tell you that they have all been GRILLED...many of them over and over and over again. You have NO idea how thorough the police have been in questioning EVERYONE....and I mean EVERYONE, and guess what, no leads.
 @August100 Doubtful. It's most likely that Terri sold him. No one realizes how bad the human trafficking is on the west coast.
@Tulla @August100....selling him would involve too many people and too many loose ends. Terri could never feel confident that he wouldn't surface some day....the bitter fact is that it would be easier to kill him and dispose of his body then to try and sell him. The kids that typically end up in the human trafficking rings are the runaways, the street kids, the one's no one will miss, the one's no one will investigate.
 @Solipsist01  @Tulla  She had no worry searching for a hitman and talking to someone she thought would cooperate in murdering Kaine.  Why not just divorce?  She wanted the insurance and everything.  About Kyron...if she just wanted Kyron out of the house she could have made Kaine let Desiree have him.  Kaine would have adjusted to visitations.  She would not kill Kyron when she could get money for selling him.  Pedophile rings, child pornographers would pay.  Now she will wait it out and go free and then be paid more to close the deal.  Probably has protected herself with a note against the buyer in case they decide to erase her trail to them, and likely sealed the note in the hands of her lawyer or someone she trusts.  Foolishly she might not have considered that the PowerfulPedophilePeople could stop release of her letter by threat or payoff to the holder.  What will they do to her adoptive parents?  Are they concerned her parents might blab at some time?  People might think hard about being close or maintaining old associations with her adoptive parents.  Nothing is forgotten.  No one is forgotten. Â
 @Tulla Why is that more likely than someone at the school doing it? Don't you think they would have caught that on her computer? Of course MCSO could be just as inept as the Casey Anthony investigators, and they read this week's news and thought "Gee Whiz -- did anyone check FireFox or did we just look at Explorer???" Actually, that sounds damn plausible right there. Hmmm.....
Why on earth have they not arrested this woman.. Come on now.. Did she screw a cop or what ? Disgusting.. And don't tell me they don't have anything on her, wanting to hire a killer is a crime... What ? ? ?
@dougrpdx....they only get one shot and if they don't feel confident that they can make it stick then they aren't going to jeaopardize it. Remember, there is no statute of limitations on this case. If it takes ten years to find the one piece of damning evidence that will put her away then so beit. But if they rush, if they go with what they "think" they can prove, and lose...well then she's scott free.
Kyron is never, ever far from my heart. While it is far too late for him to "come home soon" it is NOT too late for justice. Now, my prayer is that justice will prevail.Â
@jpk, this is no reality show. This is two parents' real life nightmare.
Is the district attorney involved? he sure seems paranoid!
Apologizes for the comment but this has a flanking of high official stalling stamped all over it like some on in higher power is involved or something that is derailing the thing.
 @lee986321 ~  I don't think they're trying to "derail" anything, Lee... If you looked at the Motion to Abate Civil Proceeding (link above), it was filed by the DA; this Motion included the request to seal the supporting documents.  This sounds to me more like they have something promising in their sights, but they need to keep it under wraps for a while; a civil trial might possibly result in evidence being destroyed or witnesses disappearing.   I'm not basing that on anything other than "gut feeling"...Â
 @badcat Come on now, Lee has an opinion just like the rest of us. DA Shrunk has his own battle to fight right now, but that was conveniently neutered in the press...
 @margay1 Lee thinks that everything is a conspiracy.
 @pdx10  @lee986321 ~ Yes, pdx10, I remember reading about that...whether or not Ms Spicher could "plead the 5th" in this case... lots of arguments on both sides of that question; it would be interesting to see a ruling come out on it... guess we're going to have to be patient a while longer...  I feel for Kyron's parents, though, this has been a "long session in He11" for them...and it's not over yet...
 @margay1  @lee986321 I agree. This little bit was interesting "A judge was getting close to ruling whether Spicher can remain silent and that's when the Multnomah County district attorney and sheriff's office asked the judge to halt the civil case before she could be forced to take the stand, triggering immunity in a criminal case." Makes it sound like they have something on ol DeeDee.