Saturday, December 28, 2013

Kyron Horman, Desiree Young, Terri Horman / A Reader Asked...

I received the following from a reader and thought I would address the questions in more detail.

“Thanks for sticking with this case, True, after 3 1/2 years, for doing your part to keep Kyron from being forgotten. I have a few questions. Was anything gained, to your knowledge or in your opinion, from Desiree's dropping her suit? Do you think LE pushed her to do that to save their own egos in the event that the suit would be successful at getting further information? And, from what you know of the admissible evidence, would the DA have much chance of succeeding if he/she brought charges now?”

In answer to your questions:

No, I do not think that anything was gained ‘by Desiree dropping her suit.’  Desiree Young had the opportunity to open this case and push for significant progress.  She chose to back-out for no immediately discernable reason – at least from the public’s perspective.  It is my opinion that she ran up against a potential line of questioning concerning her background that she was not prepared to deal with.  And / or, the attorneys could not see how Desiree and her supporters would have paid reasonable attorney expenses and fees – something they may have agreed upon, but ultimately did not materialize.

Let’s think about this, and some of you may have a different opinion; but Desiree filed a $1 million suit against Terri Horman, who could not possibly pay that amount even if she lost the suit.  Furthermore, Terri could have refused to be deposed, citing self-incrimination issues; and, even if the Judge decided that Terri had to undergo some sort of limited deposition, she still could have refused.  What’s the worst that could have happened?  She would have lost the civil suit.  But, collecting the money, could have proven impossible for Desiree and her attorneys.  Her attorneys would not have been interested in that potential conclusion; and it would have been, moreover, a hollow victory at best.

Some might opine that, once the attorneys for Desiree completed some preliminary work, they decided that the civil suit was going nowhere.  That might be true, but that doesn’t say much for the competency of Desiree’s attorneys, who should have foreseen that eventuality.

In my opinion, Desiree missed the boat by not including the Portland School District, the deep pocket defendant.  A case could have been made that, if Terri Horman was not responsible for Kyron’s disappearance, than the elementary school was.  It had to be one or the other.  The school district would have ultimately settled out of court, afraid that a jury would not look kindly on a situation involving a child entrusted to their care and disappearing without a trace.

Some perhaps feel that the Sheriff’s Office and County Prosecutor pressured Desiree and her legal team.  I find that hard to believe; and, actually, I don’t know how they would have accomplished that in view of law enforcement's dismal record thus far.

Would the DA have succeeded if he had brought charges against Terri Horman?  I don’t know.  It is apparent that he does not think so.  Now, it is a given that some prosecutors are more aggressive than others.  It appears that this particular prosecutor is not prepared to take-on Houze – at least for the foreseeable future.  And, I might add that Steve Houze is a formidable opponent.

The one thing that I’ve never been able to understand is how does Terri afford her attorneys?  Who is bank-rolling her?  Some say her parents?  If so, I feel sorry for them.  They will be stripped clean.  I doubt that Houze et al are doing this gratis.

True Nelson