Frink on Crime
Friday, July 9, 2010 at 1:37PM
Dave Knechel in Casey Anthony, Caylee Anthony, Circuit Court Judge Keith Meisenheimer, Kaine Horman, Kiara Horman, Kyron Horman, Marinade Dave, Marinade Dave’s Caylee Anthony Posts, Multnomah County Circuit Court, Multnomah County Major Crimes Team, Multnomah County Oregon, Multnomah County Sheriff’s Office, Norman W. Frink, Terri Moulton Horman

Norman W. Frink is the Chief Deputy District Attorney of Multnomah County, Oregon. In a letter released yesterday that he had written to the circuit judge two days earlier, he said "the... Major Crimes Team could no longer stand by its assertion in my affidavit of July 2 that unsealing the sealed matters before you would undermine our on-going criminal investigation." With that, Circuit Court Judge Keith Meisenheimer opened the floodgates and released several documents pertaining to Kaine Horman, Petitioner, and Terri Moulton Horman, Respondent.

All court documents were filed on June 28.

First up is the RESTRAINING ORDER TO PREVENT ABUSE, sanctioned by the state Family Abuse Prevention ActThis one prevents Terri from making any contact with the Petitioner, her husband. This means business. If she attempts to contact Kaine in any manner, she will, most likely, go to jail. This means everywhere in the country, not just the state.

 

It was ordered that:

Respondent is restrained (prohibited) from intimidating, molesting, interfering with or menacing, or attempting to intimidate, molest, interfere, menace, the minor child/ren inPetitioner's custody directly or through third parties.

Respondent is restrained (prohibited) from intimidating, molesting, interfering with or menacing, or attempting to intimidate, molest, interfere, or menace, the minor child/ren in Petetioner's custody directly or through third parties.

Except as otherwise set out in this Order, Respondent is restrained (prohibited) from entering or attempting to enter, or remain in, the area within 150 feet of the building and land at the following locations:

The locations included Kaine's employer, Intel, and the gym where he works out. Terri is still living at the property he owns.

Respondent shall not knowingly be or stay within 500 feet... of Petitioner unless otherwise ordered by the court.

Terri is allowed to appear at court hearings and at those meetings, she must stay at least 10 feet away from Kaine.

Except as otherwise set out in this Order, Respondent is restrained (prohibited) from:

Contacting, or attempting to contact, Petitioner in person directly or through third parties.

Contacting, or attempting to contact, Petitioner by mail or e-mail, or any other electronic transmission, except for mailing court-ordered emergency monetary assistance, checks or money orders directly or through third parties,

Contacting, or attempting to contact, Petitioner bytelephone, including cell phone or text messaging directly or through third parties.

Respondent is restrained (prohibited) from entering, or attempting to enter, or remain at:

The child/ren's current or future day care provider, or removing them from daycare.

The child/ren's current or future school, or removing them from school.

Terri is not allowed to purchase or possess any firearms or ammunition, too. Kaine was awarded temporary custody of their 18-month-old daughter, Kiara Ariel, and Terri was given NO parenting time. If this sounds harsh, consider the next PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE...

Kaine wrote that, "I believe Respondent is involved in the disappearance of my son Kyron who has been missing since June 4, 2010. I also recently learned that Respondent attempted to hire someone to murder me. The police have provided me with probable cause to believe the above two statements to be true."

Throughout the motion, he wrote that he was in imminent danger because,"Respondent attempted to hire someone to murder me." He and his daughter are staying at an undisclosed location.

He also filed a FAMILY LAW NOTICE OF NONDISCLOSURE OF CONFIDENTIAL INFORMATION FORM. Kaine filed an ex parte order that this CIF information not be made available to anyone else, including their attorney because a restraining order was in effect that protected Kaine from the opposing party, which, in this case, is Terri. We should remember ex parte motions from the Casey Anthony case. It is a situation where a request is made in which only one party (and not the adversary) appears before a judge.

The final document filed is the one that is rather interesting. The others were straight and to the point, but this one is asking for a special dispensation.

AFFIDAVIT OF COUNSEL RE: EX PARTE MOTION AND ORDER TO RESTRICT ACCESS TO FILE

The search for Kyron and the alleged murder plot are still open investigations. Of course, law enforcement had to know every detail of Kaine and Terri's lives, and it looks to me like there are some things that should remain behind closed doors, so to speak.

Laura E. Rackner is Kaine's attorney. She states that both litigants, Kaine and Terri, have a high profile existence, which they do now, and family relations which garner media attention. That sure is true today. Here's where it gets tricky:

The disclosure of information pertaining to the parties' family information and other matters involved in this proceeding [ongoing criminal investigation] will make the parties the target of further media and public scrutiny. The disclosure of this information will be detrimental to the petitioner and his privacy rights, and could affect the interests and privacy rights of other family members.

Those two sentences imply a lot, but it doesn't stop there:

The information contained in the pleadings filed with the Court may be potentially embarrassing for the parties or for family members. It is likely that if public access to this file is allowed, this information will be disseminated in the media.

Well, well, what could this be all about?

This is a private family matter that should not be disseminated by the press and there is no public policy served by allowing public access to these records. Such access may be embarrassing to the parties, damaging to the family, and disruptive to the Court proceedings.

This Motion to Restrict Access to Court File says a lot, even by saying nothing at all. In earlier comments on another thread pertaining to this case, we discussed matters of privacy and how we project ourselves in public. The id is part of the psychic apparatus defined in Sigmund Freud's model of the human psyche. According to Freud, the id is the set of uncoordinated instinctual trends. The ego is the organized, realistic part, and the super-ego plays the role of moralizing.

We have different personae depending on how comfortable we are with people. This is called the "I" person and the "me" person. When we meet someone for the first time, we tend to be on our best behavior. That is the "I" personality. If we continue to see that person, over time, we become more comfortable and less restrictive. We open up. That's the "me" part. A man would, most likely, never belch on a first date, but he would down the road as he becomes more relaxed. What this illustrates are different levels of comfort. Everyone has rules regarding what they are willing to do and where they draw the line and they constantly change over time; be it style, politics, religion, and most certainly, private matters. As they grow together, they learn to adapt, and what was once unacceptable may become a norm. For example, a lifelong Baptist could one day embrace the Catholic faith because his mate wants him to convert. The same holds true in most walks of life, and we all have our own sets of mores that we constantly adjust.

What happens when this includes other areas of our lives, like what we do in the bedroom? There is probably nothing more embarrassing than for someone or something to open up our hamper of sexual behavior, dirty in the sense that what may be good for some geese might not be acceptable for others to take a gander at. Shocking! Rumors have been rampant regarding matters of what was going on behind the doors of certain households and private clubs around Portland, Oregon. Is it important that we find out? No, of course not, but part of that human psyche involves peeling away the curtains and poking around our neighborhoods, and with the advent of the Internet, the world is now our neighborhood. Humans are a curious lot and always ready for gossip. Just what is Kaine's attorney asking to keep private? No one will say at the moment, but a buzz is in the air. Will we find out? Most likely, yes, because of our curious proclivities and also because Terri's defense may want to use it against her estranged husband - to take away his innocence and place him on an even playing field in court. Why? People don't like to be backed into corners, and that might be the way she feels right now.

That doesn't mean we need to ask, because we might not like what we see. Personally, I'd rather leave the investigation in the capable hands of the Multnomah County Major Crimes Team. Let them come out swinging.

Article originally appeared on marinadedave (http://marinadedave.com/).
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