Kyron Horman's Dad Hoping the Court Will Force Terri Horman to Talk

Missing Kyron Horman's dad, Kaine Horman, is hoping that the court in Oregon will force Terri to answer questions or hold her in contempt of court if she does not. In a motion filed Friday, Kaine Horman's attorney said that Terri opened up a can of worms when she requested parenting time with Kiara and tried to blame Kaine Horman for her current situation.

Read Kaine Horman's motion here.

Kaine Horman's attorney believes that Terri Horman's Fifth Amendment rights are not protected in a civil case if the judge believes that the answers will not self incriminate. According to court documents filed Friday, the judge can force Terri Horman to testify on matters that he believes will not incriminate herself. If the judge does do so and Terri still refuses to testify, she can be charged with contempt of court which could and should result in jail time.

Kaine's attorney cited other cases wherein a judge declared that it is not a protected right under the Fifth Amendment of the Constitution to refuse to testify. It is only a right under the Fifth Amendment if your testimony will self incriminate. It is a fine distinction, but a good point for Kaine Horman.

The motion further declares that since Terri requested parenting time with their daughter Kiara, she opened herself up to scrutiny. She cannot simply dismiss the case if the other side has a counterclaim. It also states that Terri did not in any way dispute any thing that Kaine included in his motion to show that she was an unfit mother. Under Oregon law, things that are not disputed are presumed true. If Terri does not deny that she was involved in Kyron's disappearance, that she is a unfit mother, that she has mental problems and that she has problems with alcohol, they will be presumed true by the court.

Kaine Horman is obviously trying to force Terri into giving some kind of declaration or testimony which she has so far avoided.

Kaine's attorney also cited cases to show that the results of the lie detector test could be included in the court documents. He could have also said that the results were shared by Terri to many people including Kaine himself.

Kaine Horman and Kyron's mother Desiree Young believe that Terri Moulton Horman is responsible for Kyron's disappearance.

It is really unclear what direction Terri's high priced attorneys, Stephen Houze and Peter Bunch are headed towards. Kaine has made it clear that it is inappropriate for Terri Horman to request spousal support when she is responsible for the disappearance of his son. It is not known how much Ms. Horman requested, but any amount is a slap in the face to Kaine.

Kyron Horman was seven years old when he disappeared on June 4, 2010, from his Skyline Elementary science fair. Terri Horman, his stepmother, was the last person to see him. She has failed two polygraph tests and walked out on a third test. The police have told Kaine Horman that his wife tried to hire a landscaper to kill him six months before Kyron went missing.

Source:

Oregonlive