Wednesday, July 31, 2013

Kyron: Desiree Drops Civil Lawsuit



Kyron Horman's mom drops civil suit, criminal investigation continues


PORTLAND -- Kyron Horman's mother announced tearfully Tuesday that she is giving up on her civil lawsuit against Terri Horman, but she is not giving up on finding her son.
"I will find you. It's all I want. I will not stop, I will never stop," said Desiree Young.
Young announced she has dropped her civil lawsuit against Kyron's stepmom to avoid interfering with the ongoing criminal investigation. Desiree Young's civil case was intended to compel Kyron's stepmother to talk about the boy's disappearance.  Young believes Horman kidnapped him.
During a press conference Tuesday, Young said the only way for her civil suit to proceed was to have access to police records about the investigation. That would not be allowed under public records law, she said.
Young also addressed Terri Horman directly: "Terry, I cannot tolerate this silence," she said.
To pursue the civil case and to go after the police records could threaten the criminal case, she explained. Young said she wants no part of hindering that criminal investigation.
"I'm very disappointed that we can't move forward," she said. "I don't want anything to compromise the ongoing investigation."
She said that Horman continues to stonewall investigators. "I'm still going to bring pressure on Terri. I'm not going away," Young said.
A key witness was now cooperating with investigators, according to Young's attorney Elden Rosenthal.
DeDe Spicher testified before the grand jury for the criminal case within the past two weeks, according to Rosenthal.  Spicher was friends with Terri and her whereabouts were in question the day Kyron vanished.  She had previously declined to speak with investigators or testify.
The Multnomah County Sheriff's Office also reiterated that the criminal investigation remains active and released a statement about 3 hours after Young's big announcement.
"Sheriff Staton wants the citizens of Multnomah County to know this criminal investigation remains a high priority for the Sheriff's Office and that it will continue unimpeded. The integrity and security of the investigation remains foremost for this agency," the statement read.
Meantime, Young has not given up hope that Kyron can be found. "Every day you are not here safe in my arms is another day of agonizing torture," she said.

Young filed the $10 million civil case against Horman on June 4 , 2012 in connection with the 7-year-old boy's disappearance two years earlier. Her lawsuit asked the court to compel Terri Moulton Horman to disclose Kyron's location. It also included two claims: One for custodial interference and one for intentional infliction of emotional distress.
However, the case was stopped in its tracks last November, when the judge delayed the civil proceedings, explaining that it "could impact an ongoing criminal investigation."
"Premature disclosure of the information contained in these documents could jeopardize that ongoing investigation," D.A. Michael Schrunk said at the time. "Sealing these documents is in the best interests of justice, will preserve the integrity of the investigation, and will promote the safety of the witnesses involved."
Kyron vanished after a science fair at Skyline Elementary School in 2010.  Terri Horman was his step-mother at the time and was questioned on multiple occasions by investigators, but never arrested.
Young said that she initially decided to pursue the civil case in an effort to try and get Horman to tell investigators what happened to Kyron because she believes Terri kidnapped him.  Young's attorney said the lawsuit would enable him to subpoena witnesses, acquire documents and evidence and "peel away the mystery" of what happened to Kyron.
Kyron's disappearance led to the largest search effort ever conducted in Oregon.
His stepmother, Terri, was the last person to have seen him, investigators said.  Horman has retained a lawyer, moved into seclusion at her parents' home in Roseburg, and has refused to talk any further with detectives.
Nobody has been named a person of interest or a suspect in the case, but Young and Kyron’s father, Kaine Horman, have both said they believe Terri was behind his disappearance.

36 comments:

Anonymous said...

Desirees' attorney should have told her before she ever filed the suit that such suit could/would impede the ongoing investigation. Bad legal advice.

However, I fail to understand how/why the refusal of any LE agency to lay the cards on the table, open up and divulge any/all info they have at hand would impede their investigation. It seems to me that the results of opening up a case, particularly in the case of a missing individual, would produce just the opposite affect, thereby instigating/forcing additional info pertinent to their investigation. The refusal to open up LE investigators' files only allows the guilty party(s) to remain silent and continue to go free. Just moo.

Anonymous said...

Why underline random words?

rob said...

7:36, I agree. It's been 2 years. No arrest. Unless DeDe is ready to talk, there seems to be no progress in the case.
If it was my child, I would say 'release everything'. Maybe that would open a door. How could it hurt.
Just like the Ayla case. Let's hear the 911 calls, all the evidense. Maybe then someone would decide to tell what they know.
I hate when a case is 20 years old, then someone new looks at it, and by some miracle, the case is solved. Meanwhile, the killer has been able to live 20 years of their life.
All of these will have to face the ultimate judgement. At least we have that.

MizzMarple said...

Thank You, Peter, for this update !

I had so much hope that this "civil suit" would get some answers to help the criminal investigation in finding Kyron.

Prayers for Desiree and Prayers that Kyron will be found soon!

Anonymous said...

And that's all we have in most of these cases, Rob; and even those that have been prosecuted and justice sought, will still stand before their eternal judgment, including all those who lied and hid cover ups and injustices: they WILL face the ultimate judgment. That's all we really have. For myself, I shudder to think of it; that "all things shall be revealed, nothing shall be hidden". God help us all.

I agree, all those cases that were reopened years later and there stands the guilty party, free all those years, under the nose of LE the whole time. It isn't fair to the murdered and their loved ones that these killers should remain free and enjoying their lives all this time while the victims' loved ones suffered and paid such a high price, sometimes even leading to their own death from the stresses they could not carry.

Nah... Dede isn't going to talk, nor the landscaping boyfriend, nor is Terri. What crap to think one of them might. "MIGHT"? Why should they when they've gotten away with their silence and perjuries,(and Kyrons' murder by at least one of them) for two years! The same goes for Casey & The Anthonys, Deborah Bradley & Co, Justin Dipuke and his coharts in crime, and so many more. Killers right under the noses of LE. Free as a bird.

C5H11ONO said...

This is so sad. I agree with some of the posters, that it is a shame that so much time goes by while killers are free to walk the streets. Somehow, I find it preferable to go forward with a case, and if they are acquitted, then let them be society's pariah afterwards. Kyron's "disappearance" is heartbreaking.

REK said...

I will "never" stop spoken by desiree... similar to words spoken by isabel celis's father saying he would never stop looking for her?

S + K Mum said...

Prayers to Desiree! I hope with all my heart she will have answers soon. This lady has my respect 100%. Never give up, ever.

Trigger said...

Here is a distressed and anguished mother who wants her son back. She did not cause her son to go missing.

Kyron's justice boils down to Desiree's lawyers against Terry's lawyers in a vain standoff.

The criminal investigation has also been corrupted by the efforts of Terry's lawyers.

Terry seems to have all her legal bases covered in this case but she will eventually face justice for Kyron's fate.

Anonymous said...

Trigger & C5H1; lawyers should not have the all encompassing power they have; or the power to prevent a guilty clients' being investigated by LE, or be able to prevent prosecution for the crimes they've committed; or the power to lie in court and prevent justice from being served against their guilty client; KNOWING their client is guilty of the crime for which they're being suspected of, or are being charged and prosecuted for; while they stand glaring and chomping at the bits with a straight face, arguing and lying for them. KNOWING they are lying!

The jury no longer knows what's the truth and what's a lie by the time the self-serving lawyers get through spinning their head round and round. Not a single member of a jury is left knowing how to interpret a law, or what to believe; and shouldn't have to know, since they are not lawyers.

None of these jurors have law degrees, yet they are expected to practice law when they get in the jury room to deliberate! It's no wonder so many of the guilty are judged not guilty, while many of the innocent are judged guilty.

Juries should be able to believe the issues and evidence the judges allow to be presented, (which should be ALL of it, but isn't); not the hand-picked white washed evidence (and lies by lawyers and their paid experts) as being the truth that the lying lawyers present before the jury, whether jury members are lawyers or not. But they're NOT lawyers and have only snarled up lies to go on in making life and death decisions.

And those are just some of the reasons we have so many guilty murderers and others walking the streets, never paying for their crimes.

Jen said...

http://www.oregonlive.com/portland/index.ssf/2013/07/kyron_hormans_mother_to_drop_c.html

This article says that DeDe Spicher 'recently' testified before a grand jury. I hope that means the reason she dropped the civil suit is due to imminent criminal charges being brought against Terri Horman. Fingers crossed!

john said...

OT.

Theresa May's plea over Madeleine McCann search.

HOME Secretary Theresa May yesterday sent an official request for Scotland Yard to set up their headquarters in Portugal to help find Madeleine McCann.

The letter also asks Portuguese police to help UK detectives collect new evidence in the case.

Police chiefs claim it is a significant step in their bid to solve a mystery that has gripped the world for six years.

Madeleine, then three, vanished from her family’s holiday apartment in the Algarve resort of Praia La Luz in May 2007 while her doctor parents Kate and Gerry, both 45, dined with pals in a nearby tapas bar.

Portuguese police, who were assisted by officers from the McCanns’ home force in Leicestershire, archived the case as an unsolved mystery.

Earlier this month, Met Police said they had “new evidence, new witnesses, new thinking and new theories”.

They have identified 38 potential suspects across five countries including Portugal and the UK. Twelve of them are Brits.

The 37-strong team of Operation Grange detectives is now overseeing a Europe-wide probe to find Madeleine’s abductor.

Under international law UK detectives cannot arrest or interview witnesses on Portuguese soil.

But they can observe as local police carry out inquiries on their behalf.

If approval is given, the Met is expected to seek new forensic evidence and pursue hundreds of possible leads.

Crown Prosecution Service staff drafted the letter requesting the Portuguese authorities’ assistance on behalf of Mrs May.

Whitehall officials hope to receive a reply within the next fortnight.

Home Office spokesman Samuel Jones would not comment yesterday on the letter.

But he said: “The Home Office remains committed to supporting the search for Madeleine McCann and we have always said we would provide the Metropolitan Police with the resources they need.’’

The new Yard inquiry began partly because Portuguese authorities had been unable, under their law, to reopen their inquiries without new evidence.

Scotland Yard said it did not wish to comment.http://www.dailystar.co.uk/news/latest-news/329670/Theresa-May-s-plea-over-Madeleine-McCann-search

john said...

For those following this case.

Trial underway for teen accused of killing stepbrother.

Live..

http://www.wlky.com/josh-young-murder-trial/-/9366718/21258968/-/d6wux9z/-/index.html

Lemon said...

I agree with C5H - it is heartbreaking. I'm hoping for movement in the case.

I see observer is still hanging around, not being able to bear to keep her word to leave. My best to the flamingoes, and all that :)

Reema said...

You know, it's been over 3 years now. I think the focus went straight to Terri...right out of the gate. Now 3 long years later & Kyron is still missing. Maybe, just maybe LE should not have just focused on Terri...there could have been a sex offender near by (they don't wear a sign saying "I'm a pervert") & he seen the chance & took him & is gone along with any chance of finding Kyron & whomever took him. I feel so sorry for Desiree having to live this everyday, day in & day out. I don't know who did it but there has got to be something LE can do. Admit you may have had blinders on, release what you have & ask for help. Prayers for Kyron those that love this little dude !

drdebo said...

i've never been impressed by her- and this just reinforces the sense I get from her- I guess she hasn't figured out there is no ongoing investigation- just as there isn't in any of the parential-murder cases we follow. She had a chance to get some answers and she wimped out.

Lemon said...
This comment has been removed by the author.
Anonymous said...

"your" is OK, but irony = hypocrisy

Anonymous said...

I'd like to see that, 6:52. Someone named lemon 'insulted' someone named anon. How injurious. A dastardly deed. Call the FBI.

~ABC said...

Anon @ July 31, 2013 at 6:52 PM

It would be interesting to see how charges could be filed against someone for harassing and stalking "Anonymous". How would that warrant read? I'm not positive, but I think that premise is flawed!

Here we are on a blog discussing how difficult it is to get justice for murdered children and your primary concern is someone making comments that you've decided are somehow harmful to you. Give me a break!! Who cares! Are you even old enough to be posting here? Do you realize how juvenile you are? It's the internet. You're Anonymous making accusations against a Lemon! LOL

I've participated in a lot of email lists, forums, blogs and groups over the past 17 years. There's always a very similar dynamic and it NEVER fails that it's ALWAYS the most obvious and active drama queen/king who starts making threats against others for harassing them!

Sheeeesh. I guess it's true that we learned all we need to know in kindergarten. I'm rubber, you're glue. What you say bounces off me and sticks to you!

Anonymous said...

I don't get why she is backing out of the civil lawsuit either--I agree with others who pointed that out.
I read about this case before when Peter had been posting about it, and, just playing armchair detective I don't feel 100% convinced it was DeDe who "kidnapped" Kyron.
The facts of the case are strange. The fact that DeDe would kidnap him during a school science fair is questionable at best. It seems like there are arrows pointing at her, but it also makes no sense that she would choose the event of actually bringing him to a science fair at his school as the time she would "kidnap" him. There is just as much a possibility that it was some sicko present at the science fair. In fact, in my opinion, it is more likely that this was the case. Just my opinion. I hope they find him. It is a heartbreaking case.

dadgum said...

lol, ABC!!
You read my mind!

Anonymous said...

Sorry! I meant to write Terri Horman and not DeDe in the post at 9:33 pm!
But, really, it makes no sense that Terri would hatch a plot to kidnap Kyron from the school, before school starts, after bringing him there and being seen by tons of people at a science fair. It makes no sense!

Anonymous said...

To continue what I was saying, if Terri had said goodbye to Kyron as he went off to his classroom, and a witness saw Kyron separated from Terri at the end of the hallway on his way to the class, how can Terri be the one who kidnapped him?!?! Even if Terri were to have asked someone to "help" her (which I believe I have read about this idea being thrown around) how on God's earth would she have said goodbye to him as he went on his way to class and separated from him? And then what, the "helper" kidnapped him? Maybe the reason the case has gone cold is because people focused in on this idea which makes no sense. It just does not make logical sense. It seems like they should be focusing on some other possibilities of perhaps some sicko at the science fair. Just my opinion.

shmi said...

Wow! anon at 11;54. I feel the same way. You know lawyers can lie in court. They can ask misleading questions. They can do so much damage legally. And yet a criminals past deeds can't be introduced. The jury never has all the info, but they have to listen to a bunch of lies and try to figure it out.

This legal system needs an overhaul. Double jeopardy should be tossed. A criminal gets a chance for a new trial if new evidence is found, why shouldn't they also get a chance at a new prosecution as well!

~ABC said...

LOL with Dadgum!

I mean it's just crazy the things purported adults do sometimes!
lol!

dadgum said...

ABC..I commented at 9:11, above yours. Every discussion board, blog, whatever, I have read is infested with this stuff. Some days it takes a thick skin just to read. Some sites are so well patrolled the members post in fear of being banned or put in 'time out' (jokingly referred to as 'band camp'). I would rather have the freedom to write, but this does get to be a bit much.

Disagreements over opinions are one thing, name calling and infantile nonsensical posts are another.

Some folks delete their own posts, or claim they posted when they haven't. Some still don't know that at 200 posts, you have to look at 'newer; or 'older' posts.

Most folks are caring, real people. There are but a few others who appear to get something out of being mean. Peter has been busy, he thought he had someone sweeping up, but it's not perfect.

And then I nearly giggled to pieces when imagining how a complaint from 'anon' regarding 'Lemon' would look. Oh, I know all about IPs and proxy service, but still..it's all silly.

Now, back to my caregiver role. A sick Sam is too much even for a nurse some days...

Hugs to all, Nana Francis am thinking of you as always. Everyone have a restful night..
'gum

~ABC said...

So sorry about your Sam :(

I'm sending loving thoughts to both of you... <3

Yes the silly posters get a little nerve wracking at times. Especially the really infantile comments. And some people are just so incredibly emotionally needy! They don't have a clue what this blog is for. I've gotten beyond being too bothered by it from years of practice. Then there are those times when it is SO comical I have to say something! lol I mean where is the logic? lol

~ABC said...

Anonymous said...
Why underline random words?
July 31, 2013 at 7:55 AM

In statement analysis there are no random words.

dadgum said...

Thank you, ABC.
<3

~ABC said...

drdebo said...
i've never been impressed by her- and this just reinforces the sense I get from her- I guess she hasn't figured out there is no ongoing investigation- just as there isn't in any of the parential-murder cases we follow. She had a chance to get some answers and she wimped out.
July 31, 2013 at 7:11 PM

I don't see this as her "wimping out". I would imagine it's difficult to bring a civil suit when all the evidence is locked up in an unsolved missing/murder case. And lawsuits aren't free. That's a lot of money to spend when the odds aren't in your favor. The actions Desiree took were risky. It was a dice roll, but I do understand why she had to try.

REK said...
I will "never" stop spoken by desiree... similar to words spoken by isabel celis's father saying he would never stop looking for her?
July 31, 2013 at 10:28 AM

True Desiree said she would never stop looking just as Sergio Celis said and many others. The difference I see is that before she made that statement she said, "I will find you!" I don't think that comment was ever made by the others.

dadgum said...

best quote of the night..from relatives in the Joshua Young trial/

'..he had strangled a guy with a belt, and left him in a vegetarian state. But I'm not sure that's exactly the facts on that..'

john said...

OT..

Was Joshua Young vying for father’s attention?

Joshua Young is charged with complicity to murder in the death of his step-brother Trey Zwicker
The 17-year-old's father has pleaded guilty to Zwicker's murder and was sentenced to life in prison.

In an earlier post joshua Young's father had said:

"You know its one murder its NOT like its a whole punch of murders"

Going by what SA teaches us,that anything said in the negative we note as sensitive,then his words and language,for me anyway are disturbing..Has he murdered before.?

http://www.hlntv.com/video/2013/07/29/joshua-young-murder-trial-trey-zwicker

......................................................................

Here he go's again..

Snipped:

Young's father and Zwicker's step-father Josh Gouker has plead guilty to the murder and was sentenced to life in prison last week with the possibility of parole after 20 years.

Gouker originally said his son was the killer, but later changed his story. He thought if his son took the blame as a minor he would get a lesser sentence. "IT WAS JUST ONE MURDER,NOT LIKE THREE OR FOUR, so I did not expect them to make such a big deal of it," Gouker told WHAS.


NOT LIKE THREE OR FOUR:We note anything said in the negative as sensitive.

"SO"I did not expect them to make such a big deal of it".

When there is a need to explain it is color coded BLUE,the highest form of sensitivity in (SCAN)

"I DID NOT expect them to make such a big deal of it"

Again we note the sensitivity with the words "DID NOT"

This time he is putting numbers to his words.

IT WAS JUST ONE MURDER,NOT LIKE THREE OR FOUR.

JUST:Just can be used to minimise or compare,here we find he uses it to compare,one murder with 3 or 4.

Now Bare with with this one,im getting confused thinking about it,lol.

Here go's.

He compares it with "3" or "4" murder's,why not 1 or 2,why skip 2,and go straight to 3 or 4

Why does he keep on insisting its only one murder and not "3" "4" or in his other statement,"A whole bunch of murders"

Here is were my head starts to explode.

We know "3" is the liars number.That is,if you ask someone to choose a number between 1/10 the liar will often times choose the number "3".(McCish)

So,has the liars number slipped into his language.

Because:

A:He he is lying about the number of murders "3" or "4".

B:He is lying about murdering one person,his step son,when really he has murdered "4".Confused yet?, me too.

C:It is 2 murders, and he is trying to throw us of by using the liars number 3,along with the number 4.

In other words he has murdered not "1", not "3" not "4",but 2.

Using "4" and "3" the liars number to throw us off,and its 2 that he has murdered.

Either way this is a dangerous man,and keeping him behind bars for the rest of his life is the least he deserves.

Phew.~Wipes brow~

I hope i explained that well,it sounded good in my head.

http://www.hlntv.com/article/2013/07/31/was-joshua-young-vying-fathers-attention

Hobnob said...

Hugs and smooches to Sam and nurse 'Gum.xx

I am heading off for a nap, for some reason my shoulders today are playing su=illy buggers despite the sun. Meds , capsaicin cream and a snooze, make for a happy hobs

Hobnobfan said...

Get well soon!!! Am yaw areet? :0(

john said...
This comment has been removed by the author.