PORTLAND -- Attorneys for Terry Horman have filed a motion to delay for two years a $10 million civil case filed against her by Desiree Young last month.
The criminal investigation and civil case are inextricably intertwined, the brief states in calling for the two-year abatement of the civil suit. The brief argues that Young s civil suit is a vehicle for police to obtain information they would not otherwise obtain in a criminal investigation.
On June 1, Desiree Young, the mother of missing Portland boy Kyron Horman, filed a $10 million civil lawsuit against Horman, Kyron's step-mom, in connection with the boy's disappearance two years ago.
KGW spoke with Young Wednesday, who had no comment on the latest filing by Horman's attorneys.
Terri Horman Seeks 2-Year Delay of Civil Suit
The latest brief, filed Tuesday by Horman's attorneys, includes three specific claims for relief:
1- Young seeks order compelling Horman to reveal the whereabouts of Kyron s body.
2- Young claims that Horman deprived [Young] of the lawful custody of her son[.]
3- Young claims that Horman lied to investigating authorities, causing Young severe and unrelenting emotions distress. Young is also seeking $10,000 dollars in damages.
In seeking a two-year reprieve from the civil suit, Horman's attorneys argued that The burden on Horman of being required to participate in this lawsuit before the District Attorney and Policehave completed their investigation squarely jeopardizes her constitutional rights.
Lewis & Clark Law Professor Tung Yin said Horman could invoke her constitutional right not to testify in the civil case, but that could also put her at a disadvantage because she wouldn't be able to defend herself.
If she testifies right now in the case, whatever it is she says can be used in the criminal case. If there s a criminal case against her, even if she never gets on the stand, they can take the transcript of what she s said and read it into the record, Lin said.
Last week, Horman's attorneys filed another brief seeking to prevent Horman's teenage son from being subpoenaed in the case. More: Horman wants son silenced
Background: Kyron's Mom Files $10M Civil Suit
In the June 1 news conference, Desiree Young's lawyer Eldon Rosenthal explained that the statute of limitations for filing a civil lawsuit in the case was two years. Monday, June 4 was the two-year anniversary of Kyron Horman's disappearance from Skyline Elementary.
The lawsuit asked the court to compel Horman to disclose Kyron's location. It also includes two claims, one for custodial interference and one for intentional infliction of emotional distress.
Rosenthal said the lawsuit would enable him to subpoena witnesses, acquire documents and evidence and peel away the mystery of what happened to Kyron.
Young fought through tears as she read a prepared statement.
My family and I are living through a nightmare that most families cannot even imagine, said Young. My Kyron has always been my comfort and my joy. I will forever have a hole in my heart because he's not here.
I haven't been able to see my son, hug him, kiss him or tuck him into bed in nearly two years, she said. Not a day goes by that I don't think of him.
I pray for the phone call every day that he is coming home. I hope that I am wrong but I fear he is gone forever. I believe that Terri Horman knows where Kyron is.
Timeline: The Search for Kyron Horman
Young said she believes the criminal justice system will do its part, but until then she was filing a lawsuit against Horman.
I don't want Terri's money. I want Terri to face justice, she said. Through this process, I hope to compel her to face responsibility for what she has done.
The lawsuit asserts that Horman kidnapped her stepson, Rosenthal said.
I believe we will be able to prove what happened in this case, he added.
Complete Coverage:The Search for Kyron Horman
Kyron's stepmother was the last person to see Kyron alive, investigators said.
Horman has retained a lawyer for nearly two years and has refused to talk with detectives since then.
Nobody has been named a person of interest or a suspect in the case, but Young and Kyron s father, Kaine Horman, have both said they believe Terri had something to do with his disappearance.