Stepmother of missing Ore. boy seeks delay of suit
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. "
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. "
Let us not forget that Terri Horman failed both polygraph tests she was administered during the investigation.Â
@windtreeman - and let us not forget that Gary Ridgeway passed his polygraph test...
".... 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 ...."
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If she is worried the facts could lead to criminal prosecution, sounds like she is guilty.
The old saying if you aren't guilty you have nothing to hide. This lady is as guilty as the day is long....
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I hope the judge does not delay this....
Personally, I think that the poor kid was abducted by a stranger. But that doesn't stop the internet mob from convicting her because she's a stepmom.  She and the boy were seen together at the school. She left. The school was overrun with visitors that day.  If the police don't know what happened, then a  bunch of armchair detectives on news sites don't know either. None of us do. But you are playing out your bias toward a woman that actually raised Kyron.  I hope that the family gets closure, that Kyron comes home safely, and that the stepmother is exonerated (the last part just to show the rest of you how ridiculous you're being.)   Have no idea if she's guilty, but I do know that so much effort was done using PR and false leaks, etc., to defame her, that no one really can tell what the truth is anymore.Â
 @DT Hmmm I WONDER if her trying to hire a hit on the father of the boy she 'raised' has anything to do with a bias?
@DT If a complete stranger abducted him, then why is the stepmom keeping quiet & not saying anything? If I knew I had nothing to do with it, I would be cooperating. The stepmom is keeping quiet.
This woman has guilty knowledge. Occam's Razor lady...you deserve to be haunted/hunted until the day you die. Two years isn't a long enough stall for you? Â Give up the truth.
This is nonsense. In what way does this force her to give up her rights?
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The way I see it is, she's forced to acknowledge them. Fess up and end the charade.
No one is forcing you to spill yer guts. We just wanna know if yer gonna plead the 5th. It's a simple question.
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Seriously.... After two years of nothing, how can this perpetrated as a move to circumvent your rights?
You have a right (as do all involved) to a speedy trial. If anyones rights are being trampled here, it's the sons and the family members.
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Isn't this the same county that just released a prisoner that should not have be released? Â
All I can say is that judge better say no! Enough stalling already!
NO more delays in this case. If this is how you have to get information on this child, let the case move ahead. If I were the child's mom, I doubt I'd be this patient with step mom. We have all wondered all this time and have come to the same conclusion.
She needs to fess up and tell the family where he (or his remains) are. I have tried to keep an open mind regarding her (and others in the press) because I know how easy it is to convict people in the media (whether they did it or not). In this case though, it is pretty obvious she is guilty. The behaviors she has displayed are not the actions of an innocent woman.  Mothers know deep down when something is going on with their child -- as in this case. His mother knows under no uncertain terms that this woman did something to her son -- I trust her intuition.
Picture caption says "august 25"... its only july, komo :-)Â
 @cna7 Yeah, since it's an older picture. DUH!
 @cna7 I think the picture is from August 25, 2010 which was a Wednesday :)
The pic is a year old. Follow the story much?
 @bobalouie Sorry I don't spend my days stalking news stories. It probably should still say the year in order for this to be effective journalism.Â
".... 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 ...."
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Why 2 years? Why ANY delay? What is she hiding? I will bet dollars to donuts she knows EXACTLY where his remains are, because she is 100% responsible for his disappearance & death. There should be NO delay whatsoever.
@LocalLady Hmm, I wonder if its a statute of limitations? I don't know all of that too much, but I think I heard that before, and that is why Desiree brought on this on? I could be wrong.
 @South Sound Mom  @LocalLady I can't imagine that a statute for criminal charges would apply, kidnapping has a 3 year statute of limitations in Oregon, however if she is still in possession of the boy or knows where he is then she is still in the process of committing the crime; and murder has no statute of limitations.
 @IndependentOR That was what I was trying to say, but in a much less clear and concise manner than you did. :-)
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And I hope you are wrong about the stay being granted, but I won't be surprised if you are right,
 @alaska_dreamin Granting the stay will NOT void the statute. The civil suit only needs be filed within the two year time frame, and that's been done.
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I fully expect that the stay WILL be granted.
 @choliscott I'm just hoping that the stay is not granted, that witch needs to answer for what she's done.
@alaska_dreamin Would be interesting if the Judge brings that up & if (s)he does, what the response of the stepmom's attorney will be
 @choliscott  @IndependentOR  @alaska_dreamin  @South  @LocalLady I'd be interested to find out if the judge granting the stay would void the statute. It seems to me that the suit was filed before the statute, and this would simply be like the judge granting a continuance, the filing date would remain the same.
@IndependentOR @alaska_dreamin @South Sound Mom @LocalLady If that is the case, then I'm thinking we know the true intent of her wanting a 2 year stay.
 @alaska_dreamin  @South Sound Mom  @LocalLady Civil suits in Oregon have a two-year statute of limitations from the date of alleged offense. Desiree filed her suit three days before that ran out.
Give me a break, the biological mom should be able to move forward with the lawsuit and get this women to talk, or plead the 5th. Either way, this boy needs to be with him parents whether alive or passed.  They need to know.
Who is she to have all the control here.
There are men and women sitting in prison,right now, some for life,,  convicted on circumstantial evidence,,, How did Terri Horman escape this?
Personally I believe that she is guilty as sin, and if this trial helps lead to successful criminal prosecution, even better.
Just give the boy back or if he is dead tell them where he is buried. Quit stringing them along and let them be a family again or give them closure.Â
Why only two years, Terri? If you didn't do anything, why only hold them back for two years instead of forever? What are you up to now?
@DMT She knows she did something which is why she isn't cooperating & trying to buy more time with this 2 year BS. I hope the judge turns down her request
 @choliscott Oh no worries, I am sure she had something to do with this! She really is acting fishy!!!
Kyron deserves justice, and delaying this trial or the divorce because SHE's worried that it will result in criminal charges tells everyone that she's guilty as sin about something. Time for her to pony up and pay the piper!
I totally agree with your comment toadaway!!! It is time for closure for that poor family!!!
about time something was done.Its a step in the right direction.She's played the system long enough.Kyron deserves closure.