PORTLAND -- A judge has denied the motion by missing Portland boy Kyron Horman's stepmother to delay the civil lawsuit filed against her by the boy's mother.
Desiree Young, Kyron Horman's mother, filed the civil suit nearly two years after Kyron Horman disappeared from Skyline School.
Terri Horman, the boy's stepmother and the subject of Young's suit, was the last person known to have seen Kyron. He was 7 when he disappeared June 4, 2010. The civil lawsuit accuses Horman of kidnapping Kyron, by herself or with help.
Kyron's father Kaine Horman said police have growing evidence against Terri.
"It's significantly strengthened their belief that she had involvement in the situation."
Judge Henry Kantor said he had not seen a case like this one, and ruled that the lawsuit can move forward. The suit will proceed Thursday with a deposition of Terri Horman's biological son, James Moulton.
Horman initially asked for a two-year delay to let a criminal investigation play out. Investigators have long focused on Horman, although they have not named her as a suspect or filed criminal charges.
Peter Bunch, Horman's civil lawyer, argued Wednesday that the civil suit cannot move forward while there's an ongoing criminal investigation into Kyron's disappearance. He said interviews were still being conducted in California and elsewhere.
Complete coverage: The search for Kyron Horman
"This is an active investigation, with a laser pointed at my client," Bunch said. "Anything she says--exculpatory or not -- can be used by the prosecution in the civil case."
Young's lawyer, Eldon Rosenthal, argued that the civil case should move forward because no indictment has been returned, more than two years after Kyron's disappearance. He said even if Horman declines to testify, the civil suit should still move forward.
"I'm looking forward to going forward,” Young told KGW after the hearing. “I’m excited about this."
Photo timeline: Kyron Horman case
KGW Reporter Kyle Iboshi contributed to this report