Anonymous said: “Once again, Terri Horman never invoked her fifth amendment right. Her attorneys brought it up that it was her right to invoke and she would do so if she had to protect those rights. The judge agreed and the divorce was abated. Mentioning you would invoke your Constitutional RIGHT and doing so are two different things.”
True’s Response: Anonymous, a hair-splitting argument indeed. You clearly are bothered by my term ‘invoked,’ – wherein I had previously offered my opinion that Terri Horman had invoked the Fifth Amendment. You have brought this up before. Attorneys do not and are not allowed to offer the Fifth Amendment as a legal ploy without the specific consent of the client.
The dictionary has more than one definition for ‘invoke.’ The most appropriate reads as follows: ‘to invoke is to quote, rely on, or use something such as a law in support of an argument.’ That an attorney would present this argument or statement on her behalf, without her consent, would be – in my opinion -- untenable, if not malpractice.
I’m not sure why you persist in your opinion. You must be aware that Terri Horman has rejected the opportunity to testify under oath. You must admit that she has something to hide. If not, why wouldn’t she testify? I suppose, you might opine that she does, perhaps, have something to hide, but it is irrelevant to the disappearance of Kyron. I’m sorry, but I consider that position counter-intuitive, even silly. You might believe that the authorities are attempting to trick her (frame her). Well, she has a very talented and experienced attorney representing her. He would not allow that to happen – nor would the judge.
Unless you are a personal and very protective friend of Terri’s, I would think you would take the position of ‘get on the stand and tell them what they want to know.’ Terri is playing defense – pure and simple.
True Nelson
True, you state: "Unless you are a personal and very protective friend of Terri’s, I would think you would take the position of ‘get on the stand and tell them what they want to know.’ Terri is playing defense – pure and simple."
ReplyDeleteI am neither a personal nor very protective friend of Terri - in fact, I don't even know her. What do they want her to say? That their suspicions are correct? What if they are not correct?
I'm sorry, True, but this in my opinion is one of the most unprofessional and amateurish conducted investigations by so-called professional police I have ever followed, read about and/or personally know about. Just how much credence do you think the public should place in the outright leaks of their suspicions by the MCSO; alleged evidence the bio-parents speak of they claim they were shown by the MCSO; since when do professional police share evidence they allegedly have about a private person during an ongoing investigation with other persons outside law enforcement who should not be privy to any such information? Since when do the police use relatives (bio-parents in this case) to disseminate their suspicions for them to the public and the press about a private person when they haven't even named that private person a suspect? How many searches thus far based on so called reliable information and those on the LE's suspicions have produced any evidence of Kyron? The school was not requested to keep records that may have been invaluable in helping solve this case. The various statements that Staton himself made about the status of this case and what to expect never came to fruition. Look at all the investigatory work that should have been done that wasn't done as they were tunnel visioned on TH trying to prove what they 'thought' was true. The months wasted spinning their wheels before they even requested help from outside experienced LE and then more months wasted before they brought in FBI experts to do a job that should have been done and being done all along but they didn't have the expertise to do it.
Could TH be responsible for Kyron's disappearance? Yes she could be but then so could any of those 400 some people who were at that school that day, those who attended the Science Fair or worked at that school. Much alleged 'dirt' about TH's personal life has been deliberately disseminated and that doesn't look good but that does not make her a guilty.
If and when the Professionals, i.e. FBI, announce they have found the evidence to definitely link TH to Kyron's disappearance then I will believe beyond a doubt that TH was responsible in Kyron's disappearance.
As for TH not taking the stand - let's put it this way the MCSO pulled that Sting re the alleged MFH Plot that failed; so it would be a he said/she said situation if they charged her with that and I think they would need more evidence against her, i.e. her admitting to knowledge of it.
Since you are a licensed P.I., and in Oregon, and you have some familiarity with the locale, I wish you would discuss exactly what an Oregon P.I. might do, at this juncture, to move this case forward.
ReplyDeletePersonally, I would love to see some gum-shoe work, aimed at discovering more about the landscaper involved in the sting. And, perhaps, some of his employees, family, and housemates.
Harkening back, I suppose, to the old days when P.Is working missing persons cases didn't have electronic evidence. They hung out in dark corners and chatted people up.
I can't figure out if you actually follow this story.. or just read two lines of an article.. Houze has said that he is unable to get any information from LE regarding the MFH plot.. Terri is not a suspect, she is not charge with anything and therefore LE has no obligation to release any discovery to Houze or Bunch- so if Terri testified, neither lawyer would have any kind of a defense for her- that is why they did not want her to testify.. she would be on the stand, the lawyer would say that LE has evidence of a MFH plot, and it was in the newspaper.. Terri would have absolutely no defense...that was the reason for the discussion of the 5th- there is an ongoing criminal investigation..and they are using that in the divorce case-blaming Terri for something that she can not in any way defend herself against- because LE would not release any info to her lawyers
ReplyDelete