Terri Horman's lawyers ask for hearing over landscaper allegations

Terri Horman's lawyers ask for hearing over landscaper allegations
Terri Horman appears during a divorce court hearing Thursday, Oct. 10, 2013 in Portland, Ore. She did not say anything.

PORTLAND, Ore. -- Lawyers for Terri Horman have asked the judge presiding over her divorce from Kaine Horman for an emergency hearing to discuss allegations made by a landscaper who claims Terri tried to hire him to kill Kaine.

On Friday KATU disclosed details from a deposition given by the landscaper, Rodolfo Sanchez, that included his claims that Terri had told him Kaine regularly carried $10,000 and a computer, and his murder could be made to look like a mugging.

In court papers, Kaine’s lawyers draw a connection between that and the disappearance of his son, Kyron, who was last seen shortly after being dropped off at school by Terri, his stepmother, almost four years ago.

They use the landscaper’s allegations to argue that Terri should not be allowed to spend time with their daughter, now 4 years old.

"The Sanchez testimony establishes an extreme risk of harm to" Kiara as well as Kaine, they argue. "The Sanchez testimony establishes a motive surrounding the disappearance of Kyron Horman."

In court papers of their own, Terri’s lawyers argue the other side is presenting “an incomplete and inaccurate accounting of events ... to prevent parenting time and to further smear (Terri) before the court and in the public record."

To illustrate what they mean by incomplete, they refer to the allegation by Kaine’s lawyers that the landscaper claimed Terri wanted to "get rid of" Kaine.

They include an excerpt from the deposition where the landscaper is asked if Terri used "the words 'get rid of?'"

The landscaper replies: "No, she implied it, not specifically."

They call his testimony "unreliable" and contend that Kaine’s lawyers use it in an "improper" fashion.

Further complicating the issue is a contention by Terri’s lawyers that some of the interaction between Kaine’s lawyers and the landscaper in the deposition is based on information from the criminal investigation into Kyron’s disappearance.

They argue that information should not have been allowed to be brought up - and now that it has, they should be allowed to question the landscaper and law enforcement officials about the testimony.

"Based on what occurred in the Sanchez deposition, (Terri) contends that (Kaine) has opened the door to further discovery by asking a series of questions the origin of which can only have come from law enforcement," Terri’s lawyers argue.

Terri’s lawyers want the judge to let them cross-examine the landscaper and law enforcement about some of his allegations and state that if he says no, then "the court should strike those portions" of filings by Kaine’s lawyers that refer to the landscaper’s testimony.

The next hearing is scheduled for Dec. 19.