7/14/13


Newest Page on FAPA Docket: Will LE keep all those "probable causes" under glass?

Or will Bunch and Houze come in to find this one, too, will be abated?
Can LE/DA file a motion to Stop this one from happening?

July 12, 2013 (revised 7/15)

In the State of Oregon: In the shadow of Mt. Hood


Now comes yet another Decision by Judge Kantor that swings toward the Vehicles of Under the HILL:

Renewal of Restraining Order
By Order of the Court
Honorable Heny Kantor (PS. NOT a Family Arbitrator, by experience. But what the heck does that matter) does so arbitrate:

Page 1



Page 2

Page 3  What about that question and answer at the bottom that it seems a little "off"?

Could you just answer the question, Kaine?  It's a Yes/No one.  Methinks there is another
member of you former partnership that is the "master of diversion, misconception".

Page 3

Page 4

 Page 5

Page 6

Page 7

Bunch Starts Punching

Here are Peter Bunch's responses to Underhill's Support to Motion to Abate with regard to the DA intervening  in the divorce Kaine Horman initiated and fought the abatement of and then thought, when the abatement was over, oops....I might be questioned.

Not sure what the legal definition of .... motion to intervene is.
But apparently it's significant.

Chess Game: Director's Park

Highlighted..... The DA proposes to file documents which the court indicated must be served on the parties in the above-captioned proceedings.  The DA is not a party to this proceeding with limited  exceptions the Oregon  Rules of Court Procedure do not authorize an entity or person who is not a party to serve memoranda other than the  documents in a civil lawsuit.......except for motion to Intervene,

 Here is the Object to the Submissions themselves of the the Non-Party pleadings:

Bunch states (high-lighted) that The Office of the Multnomah County District Attorney (da) proposes to file documents with the court.... The DA is not a party to this proceeding....the Oregon Rules of Civil Procedure do not authorize an entity or person who is not a party to serve or file memoranda and other documents in a civil lawsuit.. In fact....except for a motion to intervene ....other than discovery impacting a non-party.....except to intervene....

High-lited;..........Wife respectfully asks the court to enter an order instructing the Clerk of the Court to reject any pleadings filed by the DA or any other person or entity who is not a party to this proceeding except for a motion to intervene.


So..."discovery impacting a non-party"..... what could that mean?

Apparently Bunch did not think this intervening by the DA would impact a non-party?


Dates.....this one filed January 31st. The previous filed January 30th.  


Both filed before Bunch's Declaration in support of Respondent's Opposition to Petitioner's Motion to Stay.


Note:  The Docket does not show an Order to the Court from Kantor.








  

  

The Protective Order to Seal Desiree and TY's Mental and other medical Records used in the Suit

Here is the PROTECTIVE ORDER

Signed by Henry Kantor  

in reference to Plaintiff's (Desiree Young) Motion for a protective Order to not have Mental or other Medical Records available to the Public.  But may be used in court.  

So that would mean that if the suit was NOT abated these records could be used when parties were called to the stand.

Note that this Protective Order was Submitted:  November 21st.

Date that the Protective order was served on Wagner/Houze/Bunch.....November 21st

Stay of the SUIT....November 21st

Motion to Abate and Seal...November 21st

Date Desiree Young and Tony Young were to be Deposed....November 22nd

Submitted by Elden Rosenthall

Engel's Motion to Stay the Divorce

These pages include the argument to stay the Divorce.  After a 2-year abatement the Divorce has to either commence or be dropped.  Both Kaine and Law Enforcement would be put on the stand.

The previous posts showed that the DA considers that possibility a "tainting" of the investigation.

Highlighted: Father has received information that leads him to believe Respondent Mother is responsible for Kyron's disappearance. There is an ongoing criminal investigation into Kyron's Disappearance and a murder for hire plot against Father.

1. Question:  How long does it take for an FBI/DA/MCSO task force to investigate a Murder for Hire Plot when they already have the "hit man"?

 

 The "non-familial" cases are on pp.7 to 22.  I've deleted them for now as they have no real bearing
on the case at hand.  IMO

LL. 1-2  It is also conceivable that evidence would lead to some other personresponsible for Kyron's disappearance. 

LL. 17-20...The state has an interest in not having its prosecutorial resources drained with discovery
requests in the divorce case while it is seeking to conclude the criminal investigation.

Hmmm...LE is going to conclude this investigation in 4 more months?  Really?  

Highlited:  The public has an interest in solving MP cases....so that fact favors a stay.   Really?

Update on the Divorce Docket

 3/10/13

Additions to the Divorce Docket I posted awhile back and one of Bunch's documents Objecting to LE interference without a motion to intervene:

This is where Bunch Legally Objects to LE's interference into the case and tells LE they should follow the rules and not interfere if they are not going to formally INTERVENE (#74 in Docket).  

Does anyone know what that motion must entail?  My guess is that if another party intervenes they must provide evidence that their intervention is appropriate?

MOTIONS, Affidavits from our Finest Under - the Hill

In the Shadow of the Mountain

Our Fair City has Papers Un-Earthed

From Under-the-Hill

Let's start out with One of the Obvious Attempts to brush the "Investigational New Leads" under the rug, so to speak.  This was one of the Affidavits our city's head counsel wanted to keep secret because these words, themselves, if OUT THERE, would damage the investigation.  Underhill wrote a Motion in support of
stopping the divorce (because he knew a trial would bring Kaine and his Detectives to the witness stand. Then he and Staton wrote 2 affidavits in support of the motion. And finally, he wrote a motion for the judge to seal said affidavits and motion.

Now the question to most people aware of this case is WHY?  Take a look at the wording her in Underhill's affidavit.

The high-lighted text may be hard to read (sorry, I got home with all these documents and was so astounded by what I was reading I picked up the closest high-lighter available).

Hi-lighted lines state:  I am aware that there are two civil cases related to the disappearance of Kyron Horman: the above captioned dissolution and a civil matter.  I know that in November 2012, the State requested a stay of the civil matter.  The reasons for the request was that the ongoing criminal investigation had received information that we expected would result in additional investigation......and that the abatement of this dissolution case will enable law enforcement and members of my office to conduct their business most efficiently and without INTERFERENCE.

(This is the only one I've gotten rescanned as a jpeg).  I'll put the other affidavit from Staton up as well as the memo in support of the abatement later tonight).  I'll also put up the the motion to SEAL these most secretive pages and Kantor's DENIAL).

So...back to the original question.  Why would Underhill think it so damaging to the investigation that he would want to bury the above affidavit? 

OK...back. Let's see if this works:  It does.
Here's Staton's affidavit. Did he get overtime for this?  

High-lited...."in November...filed an affidavit stating that  I had received information that led to a request that a related civil matter into the disappearance of Kyron Horman be abated."

The investigation is ongoing and ... still believe the abatement
of all related matters, the civil and the dissolution will enable LE to conduct their business most effectively and without INTERFERENCE.  

And...last..."in the interest of justice"

So... Staton's last affidavit (sealed) stated the same thing, apparently.

Now... to the MOTION that these two mysteriously worded and very "secret" affidavits that must be sealed refer to:

Underhill's Motion to support the Abatement:

P

High-lited:   The Proceedings Remain in abatement. ..... As this court is well aware, it has the authority to grant and abatement.

Ooops....the middle page is missing. Have to re-scan it....here it is by email ....

Hi-lited:  These affidavits indicated that recent developments had opened up investigative opportunities. These affidavits by sherriff Staton and District Attorney Rod Undera are attached. As they indicate....our belief that the steps we plan to take will be more easily if there is an abatement of the dissolution case. While we do not have any desire to minimize the importance of this matter we believe that any potential for a successful criminal investigation of Kyron's disappearance tips the balance in favor of continued abatement of the dissolution.
The state is asking....to enable the current and/or anticipated investigative tasks in the criminal matter...

Hi-lited:  Based on information available to us today that was not previously available it is our belief that a brief abatement in the dissolution proceedings will enable the criminal investigation to proceed without being contaminated by the deposition and discovery processes.


That's the end of Page 3.  

Underhill's final step in this important, mysterious, secretive 
process is to ask for a SEALING of all the above affidavits and motion:





What a F**** waste of taxpayer money, an INSULT to the intelligence of this judge, and a feeble attempt to  make the public think something is actually happening into the investigation of Kyron.  

The boat sailed 2 years ago.

And notice he ends with the possible "jeapordizing" the investigation if these motions, etc. were exposed to the public.

What a joke.  And jeopordizing the "safety: of the witness....another joke.  Unless someone hires a hit on Staton and Under-the-hill and his trolls.



Next post......Bunch tells the DA to butt out. Twice.