Divorce Case, During Criminal Investigation, For Terri Horman
Posted on Oct 13, 2010 10:00am PDT
Peter Bunch, divorce attorney for Terri Horman, has asked a family court judge to hold off on divorce proceedings during the ongoing criminal investigation of Terri - the stepmother of missing child Kyron Horman - so that her Fifth Amendment rights are protected. As reported by Oregon Live, Kaine Horman is seeking a divorce from his wife Terri.
Bunch argued that the parallel suits jeopardize Terri Horman's Fifth Amendment rights. Bunch said, "Everything at issue in the divorce is fodder for the state in its forging of additional links in its evidence. Virtually anything she says can be used by the state. The state has the ability to obtain every single bit of information that is produced in this case and that is outside the bounds of what it could do were this proceeding not occurring."
He also stated that the state, and the police, are not sharing investigative material that Mr. Horman is "getting regularly" by police. He said, "I'm at a complete and utter disadvantage in this divorce case."
Terri's criminal defense attorney, Stephen Houze, has sent subpoenas to depose both the lead criminal investigator, Robert O'Donnell and a landscaper, Rudy Sanchez, that claims that Terri wanted to hire him to murder her husband.
Houze argued that the civil case can't proceed practically if the district attorney's office continues to thwart that discovery. He also believes that the motive behind Mr. Horman's divorce filing is to gain discovery for the concurrent criminal inquiry. Houze stated, "There can be no doubt that one of the purposes to be served by discovery is to elicit information by Ms. Horman that would be directly channelled to police."
Terri Horman has asked the court to delay any decisions on custody, and parenting time, for a minimum of two years. Under this condition, she will agree to an immediate divorce.
Bunch said that if a divorce abatement is achieved he will ask the court to change the current "no parenting time" for Terri to allow some supervised contact between her and her daughter Kiara. "She's the primary parent. That child needs to see her. Certainly Ms. Horman misses her child and would like to see her. Her complete primary focus is her relationship with her daughter."
Terri Moulton Horman is the last person to have seen Kyron Horman - on June 4 she took him to school for a science fair - four months ago. She has not been named as a suspect by law enforcement but investigators are focusing on her.
On June 26, a few weeks after his son's disappearance, investigators informed Kaine Horman that his wife had talked with a landscaper about murdering him six months earlier. Two days later, on June 28, he filed for divorce.
At first Kaine left their shared home in Northwest Portland, but returned to force Terri out of the house. He now has the sole custody of the couple's child.
Laura Rackner, Kaine Horman's divorce lawyer, argued that the divorce should move forward and that Terri's request for the delay is not in the children's best interests.
Rackner refers to both of Terri's children, Kiara and the couple's younger daughter, 22-month-old Kyron, when she argued, "It's about her concerns and what she wants for herself."
Rackner's assisting attorney, Alex Nowlin, said, "The Fifth Amendment does not give the right to delay a court proceeding because she's unwilling to testify."
If you are considering divorce, speaking to an attorney about your rights is very important; contact a divorce attorney to learn what you need to know to protect your interests.