Statement analysis....thrice removed.  What do they say about the third time?  Part 2   12/15/13

Here is more from the DEPOSITION of Kaine Horman that is referred to in Engel's Response to TMH's Motion to show Cause

Statement #4

Bunch:  "Petetioner confirmed in his deposition that neither Skyline Schoo, Respondent's physician, nor Kiara's pediatrician ever raised concerns about Respondent's parenting skills"

Engels:  "The statement  proves very little, if anything. From 2007 to 2010 the parties were married and living together. While it is conceivable that one spouse would complain to teachers and physicians about the other spouse, it is more likely that those professionals would be spared such details of marital discourse." 

Vwoolf:  First off, what happened to the earlier years? 2002-2007? Those years in which DY states are inclusive in the all the years that "she always hated Kyron".  From  the time Kyron was born he was spending time with Kaine (and TMH) in Kaine's new home away from home --- obviously Kaine decided then that he and DY were to live "separate lives" NOT under the same roof.

That was the the time, btw, in which the "LIE" about TMH being a friend of DY was morphed into a statement by TMH, herself.  In reality it was a Kaine's sister-in-law (the perp's ex) that stated such.  Of course neither DY nor KH ever corrected that "lie" that went viral.

With all of TMH's "lies" during that period….no mention of her not being a great parent to Kaine's son?  Nope.  Instead, she recognized he needed glasses. He became so close to James and TMH that no-one could tell they were not birth siblings. And she took over his pre-school years. 

In short, no-one could state any of Engel's suggestions… of "marital discord" then, either.

Why?  Because even if TMH was seething, she put her feelings aside for the sake of the family. Like her friend, Dede, her friends, and everyone else said at the time…..she put kids first.

Did Kaine?  And did he support his wife when she wasn't glistening and sexy after getting up at 4am to compete in bodybuilding. Before getting kids off to pre-school and middle-school/hs and running the house, working at restaurants and attending all the school/social stuff?

Futhermore, I've never read anything that said that she liked the sport or the attention that bodybuilding/competing gave her.  Did she do it for herself, or, putting herself and the kids on the burner, do it for Kaine?

"She competed in ONE contest. And that was the end of her body-building"-- ( Kaine, in LT's Bio.)

So…who's not sharing details  of  "marital discord" when they were NOT married'?   Not Kaine, at that time, either. Although he would not marry the woman that kept it comfortable to keep his son. Nor would he put the house or car in her name, either.

Why?…..he had a live-in housekeeper, free child-care, an income to add to the pot, a sexy wife, and didn't have to invest in a real marriage.

Statement #5

Bunch:  "It is Petitioner's position that Respondent should not have any parenting time with Kiara.  However, in his deposition, Petitioner could point to no objective evidence that did not come from communications from law enforcement in support of his position."

Engel's:  This misrepresents Petitioner's November 5, 2013 deposition testimony. Petitioner could not answer that series of questions because the passage of time has made it difficult to differentiate between what Petiitioner knows now as a result of the criminal investigation surround the disappearance of KH, and what knowledge KH has as a result of personal observations from three or four years ago. The actual exchange is set forth on pages 126-136 of the depo transcript as Exhibit 1. The transcript speaks for itself"

Vwoolf:  Whoa!…. OK….really?

P. 126….Engels has Houze explain the rules the judge laid down

p. 127….Houze asks Kaine if he has any INDEPENDENT knowledge that TMH was involved in the disappearance. Kaine says….."I have been -- I've had things written in the media shared with me.  There are other…" (Houze tells him to confer with Engel)  …. "I'm trying to…That's---i struggle with the response, I apologize."  …….p. 128  "I can kind of half answer it and I'd rather fully answer it.  So can we just take just one---one quick second. Sorry. Just one." (Houze offers to go off the record….comes back and tells him he's asking for a THIRD party (not LE)a known by Kaine.  ….p129  (Engels and Houze discuss semantic meaning of "independent").  Kaine finally says, "I think I understand the question. I think the observations and interactions with T around the time of his disappearance that shortly thereafter would --that would be all I can think of at this point in time."  Houze asks WHAT observations lead to INDEPENDENT thinking that TMH is involved in disappearance.  Kaine says it was her behavior, "her---I guess, behavior is broad…Behavior and responses to things during the timeframe after". p.130. Houze asks. "…..What observations…?"

Kaine says, "Would need a little more time to think about that one. My initial response was, at the tim of and following the disappearance, I could probably talk to that a little bit more now….I would need to think…talk to Brett….insure that the INTEGRITY of my response is per the Court's ruling…..there's a BLEND of people….difficult to distinguish between the ruling…and that…."

House says OK…..we'll come back to that…."Have you ever undertaken any formal training or classes in parenting skills?"

P 131.   Parenting skills talk. ….when classes taken…."alienating spouses" talk

p. 132  Kaine doesn't remember if Kiara ever told him "mommy is dead"

p. 133  Kaine admits  NOT independently making the decision to not talk to Kiara and tell her her mother wanted to see her

p. 134-136  Engels tells Kaine NOT TO GUESS when Houze presses about what the hallmarks of a good parent are. 

Hmmm!  So, Engels is really talking about pp. 126-130.  

And Kaine is excused from NOT coming up with an independent knowledge that TMH cannot parent Kiara because of…..

p. 127…..Things were written in the MEDIA

p. 128…..Needs to cover information with Engels

p.129 …..nebulous OBSERVATIONS and INTERACTIONS with TMH

p.129-130 …..nebulous BEHAVIOR

Looks like Kantor will agree…….the "depo" speaks Loud and Clearly for itself........

Kaine can't think of ONE behavior, ONE interaction or ONE observation of TMH prior to 2010 that indicates TMH should not have parenting time with Kiara.  NOT ONE!