Wednesday, October 31, 2012

DeDe Spicher Pleads the Fifth Amendment

By pleading the fifth, one has the right to remain silent for the purpose of not indicating one's own guilt.

In a missing child case, the innocent will have no reason to invoke this amendment privilege, yet that is just what DeDe Spicher, friend of Terri Horman has done.

Kyron Horman went missing on June 4, 2010.  His step mother, Terri Horman, was indicated for deception and  failed a polygraph.  She had (or has) a relationship with DeDe Spicher.

Court documents recently released from testimony last month show this very thing:  DeDe Spicher refused to answer questions about Kyron's disappearance and conversations she had with Terri Horman, whom a judge has called the "prime suspect."

She refused to answer more than 100 questions.

                 Why would anyone refuse to answer questions about a missing 7 year old?

Desiree Young, Kyron's mother, had her lawyer ask questions about the initial contact between Dee Dee Spicher and Terri Horman in which is alleged that Spicher gave Hormon "advice that is not in the best interests of our son."

Since police failed to arrest Horman, the parents of Kyron have filed a civil suit against Horman in hopes of learning what she did to Kyron, on the day she reported him missing.  Reports have been that shortly after, she met up with Spicher.

What is not known, to date, is if DeDe Spicher, not a suspect in the case, has the right to claim Fifth Amendment privilege, which will be decided in a separate hearing.

Why would DeDe Spicher, if she did not kill Kyron, need to plead the 5th amendment privilege against self incrimination?

Could it be that Spicher advised Horman on moving the body from the original location?

Please note that it would have to be something that would incriminate her in a manner in which she could be prosecuted, even if this means as an accessory after the fact.

We did receive a report here that Terri Horman may have, early on, made a decision to move the body's location.  It is unconfirmed.


Tania Cadogan said...

By not answering the questions, she has answered the questions :)

Anonymous said...

The parents have NOT filed a civil suit. Desiree Young alone filed it. Kyle found out with thr rest of America at the press conference Desiree held to announce the suit that this was being done. He may not be guilty of harming Kyron after the fact, but he contributed to Kyron's demise by not telling Desiree Kyron was miserable with him in that home and has a portion of responsibility to bare, imo.

BostonLady said...

I thought people couldn't claim the fifth in a civil case??? Only a criminal case.

I'm confused!

BostonLady said...

I thought people couldn't claim the fifth in a civil case??? Only a criminal case.

I'm confused!

Anonymous said...

@ Anon 8:49...Who's Kyle? And blaming the father ,who's name happens to be Kaine btw,of a missing child has what to do with DeDe's pleading the 5th to over 100 questions posed to her? In the middle of all this is a missing little boy and she wouldn't even acknowledge his existence.smh!!!

Katprint said...

People can claim the fifth in a civil case, or a child custody case, or in a grand jury investigation, or in a congressional hearing, or any other case. I have seen it come up in a legal malpractice case where the wife sued her divorce attorney for failing to get her a piece of the husband's illegal gambling business. She ended up taking the fifth on her knowledge of and participation in her husband's illegal gambling business as well as related income tax evasion issues.

It's certainly possible DeDe became an Accessory After the Fact. The most common scenario is, the perpetrator goes to a close friend or relative and basically says, "I'm in terrible trouble and I need your help." When someone you care about is asking you for help, it can be easy to rationalize that the Really Bad Thing has already happened, that nothing you can do would undo the Really Bad Thing, so you might as well help your beloved friend/relative hide the body, destroy evidence, etc.

Even if the answer is, "No, I'm not willing to help you do that" they generally don't call the police to report the request. Sometimes they will testify later to having been asked to help, like Jeff Pachter testifying that Drew Peterson asked him to find a hit man to kill Kathleen Savio but Pachter didn't call police prior to Kathleen Savio being murdered to report that solicitation of murder.

Sometimes an Accessory After the Fact can be flipped to testify against the perpetrator, like Scott Dyleski's mother Esther Fielding who burned her son's bloody clothes and disposed of other evidence after Dyleski murdered Pamela Vitale.

Anonymous said...

I meant Kaine. He does not deserve credit for something he did not do. Just like his inactivity to help Kyron before his death, he is not the one helping Kyron now. Only Desiree is.

dadgum said...

..I claim the fifth when someone asks if I know where the ice cream went.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]

It only says 'criminal case', though the Supreme Court can interpret differently.

Anonymous said...

It is clear, if they want to find out what happened to the little boy, they have to find a legal way to make DeDE Spicher speak.

IMO, none of the 100 questions answered by that friend could indicate her knowledge, but could also indicate her direct involvement in the crime. Was the friends' home and yard ever searched?

S + K Mum said...

What can Desiree do next if the hearing agrees that Dede can plead the 5th?

This is so frustrating! My heart aches for Desiree.
Dede has made quite clear she is guilty of something by not answering questions but how then can the case move forward, if no-one has to talk?
I don't get it - how can there be no evidence against Terri (enough for an arrest or charge) if she is the prime suspect? Ah poor Desiree. To me, it's a farce on the part of LE. Perps protected. I don't know how Desiree has not lost her mind!
How anyone can support Dede or Terri is beyond me. Dede won't talk - do her supporters think that is acceptable and she isn't hiding anything? Sigh.

Statement Analysis Blog said...

A child is missing.

Who would want to withhold information from hurting parents?


Although technically it was Desiree who filed suit, I am of the understanding that Kaine has been supportive; thus, "the parents" is used.

As to Kaine in the early days: He was defensive of his wife, Terri Horman, initially, and was shocked about the polygraph.


Anonymous said...

FYI Desiree's attorney has filed a motion asking for the court to force Ms. Spicher to answer the questions she failed to answer at deposition on the grounds that she is using the Fifth Amendment to protect someone other than herself, which is not permissible. I for one am praying that the court will grant this motion in its entirety and force her to answer. I am not sure what recourse Desiree has if the court does not grant it.

Anonymous said...

PS there's an awful lot of "statement" material at the Anti Dede Spicher page that has been set up on Facebook, Ms. Spicher's cousin, Tom Jones, is now posting there; also, someone has posted Ms. Spicher's deposition testimony in its entirety (it was an exhibit to the motion filed by Desiree's attorney, otherwise I am sure it would never have been released to the public). I for one would love to see some analysis on all or part of this material.

Katprint said...

@ Anonymous Nov 1 10:41 am:

You raise an important issue i.e. the right not to be forced to testify against someone else. In the US, spouses cannot be forced to testify against each other. In many European countries, this extends to parent-child and sibling-sibling, and sometimes even grandparent-grandchild. But it doesn't ever extend to close friends.

The DA has additional options if it loses the motion to force DeDe to testify because she really would be incriminating herself, not just her friend. The DA can give criminal immunity to DeDe for any crimes related to Kyron that she may have committed (going on the assumption that DeDe was not the primary culprit here). She could then be forced to testify; she cannot invoke her right against self incrimination unless there is a risk of being criminally prosecuted.

Nic said...

Good grief, the tide has to turn in favour of Desiree and Kyron some time. I'm praying for them.

The strength of Desiree is remarkable. I would have gone mad by now.

sha said...

Well, gee, let's see, who WOULD want to withhold information about a 7 year old missing little boy.....Perhaps the person that killed him? Perhaps the person that helped dispose of the body? Perhaps the person that these acts were confessed to and she doesn't want her friend to go to jail forever for .... what her friend convinced her was some sort of horrible accident?

I can't think of any "good" reasons for this, only awful ones :(

rob said...

What is odd to me, is that she doesn't try to lie about it. It's like she is openly saying, either Terri is guilty and I aided her, or I am guilty.
There is no question now, that Terri and company have killed and disposed of this child. The question is, do any of them have the self-worth to own up to what has happened.
I hope she is compelled to testify, even if she is given immunity. Terri is the killer.

Anonymous said...

I think Dede and/or Terri harmed Kyron. I leaning more towards Dede doing the dirty work. As far as we know she hasn't been offered any deals? Is it because she IS the big fish and they don't want her to swim away free? Maybe so. What about Terri and Dede's parent's/family, can they be prosecuted too? Their internet "friends" that have been covering up for them. I hope something can be done about them. And that "other" blogger, who is always blaming the bio parents, she should be ashamed.

Jen said...

It's gut-wrenching to think about what Desiree must be going through knowing that this evil woman has the answers she has prayed & begged for all this time, yet refuses to provide them. Hopefully the court will do whatever is needed to get answers for Desiree. I would like to see them both charged with Kyron's murder. I bet that would loosen DeDe's tongue right up if she was facing going to jail for the rest of her life, and as other commenters pointed out, she is basically admitting that she is protecting either herself or Terri by asserting her 5th amendment rights.

Anonymous said...

Her current supportive husband

Anonymous said...

How can it be that information cannot be gathered from her?

“A party is privileged from producing the
evidence, but not from its production.”
Justice Holmes, Johnson v. United States,
228 U.S. 457 (1913).
The Fifth Amendment privilege is personal in nature and “adheres to the person, NOT TO INFORMATION
that may incriminate him.” Crouch v. United States,
409 U.S. 322, 328 (1973). The Constitution prohibits compelling a person to be a witness against
himself, but it DOES NOT prohibit the GATHERING of
incriminating STATEMENTS that the person may have
made to others or in documents in the possession of
others "

Anonymous said...

How can the Fifth Amendment be allowed to be used for this?

"- Do you think Terri Horman was involved in Kyron Horman's disappearance?
- I'm asserting my Fifth Amendment right.

- Do you know wheter Kyron Horman is alive?
- I'm asserting my Fifth Amendment right.

- Do you know where Kyron Horman is?
- I'm asserting my Fifth Amendment right. "

shayshay said...

Give her immunity i bet she will talk, as much as i think she should pay for helping cover up without immunity i dont see her talking

Juli Henry said...

I was under the impression that a person could not plead the fifth unless he or she is the defendant, or the spouse of the defendant. I say don't give her any immunity, but put her in jail for contempt of court if she refuses to answer the questions.

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Anonymous said...

Someone or ones that are guilty period would plead the fifth,in order as to not incriminate themselves.