Terri Horman's legal team can't interview lead investigator - KPTV - FOX 12

Terri Horman's legal team can't interview lead investigator

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Terri Horman (left) and Kaine Horman (right) are embroiled in a custody dispute over their 4-year-old daughter Kiara. Terri Horman (left) and Kaine Horman (right) are embroiled in a custody dispute over their 4-year-old daughter Kiara.
Kyron Horman disappeared more than three years ago from Skyline School in Portland. Kyron Horman disappeared more than three years ago from Skyline School in Portland.
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PORTLAND, OR (KPTV) -

A Portland judge says Terri Horman's lawyers can't interview the lead investigator in the disappearance of Kyron Horman, but they can question teachers, Fred Meyer employees and 24-Hour Fitness staff.

Judge Henry Kantor ruled Monday in the divorce case and custody dispute involving Kaine and Terri Horman, who continue to battle over the custody of their 4-year-old daughter Kiara.

The custody dispute is entangled in the criminal investigation into Kyron's disappearance, and Kaine Horman's legal team argues visitation for Terri Horman would only traumatize their daughter.

"We're talking about the introduction of somebody who's the central figure in a criminal investigation into a child's life and there's an incredible risk of emotional damage to this child," said Brett Engel, Kaine Horman's lawyer.

Kyron disappeared from Skyline School in 2010. His stepmother, Terri Horman, drove him to school that morning. She is believed to be the last known person to have seen the boy, but her lawyers said in court last week that they can prove that's not the case.

"We have witnesses who will say, in fact, they know facts firsthand that demonstrate that is not true," said attorney Stephen Houze.

Terri Horman's attorneys feel they should have access to the same information as Kaine Horman, who has spoken with investigators, but Kantor said he would not allow them to interview lead investigator Deputy Robert O'Donnnell. He cited Oregon law, which establishes that aspects of his investigation are "highly privileged and confidential."

Kantor quashed the subpoena to depose O'Donnell, but he's allowing Terri Horman's legal team to interview witnesses from Fred Meyer and Terri Horman's gym at 24-Hour Fitness, as well as employees at Magic Cleaners and staff at Skyline School.

He did not give the full go-ahead to interviewing Skyline students, but remained open to it in the future if attorneys can address a number of issues, including whether a student is able to answer questions without revealing what was said in front of a grand jury.

Another motion hearing is set for Oct. 10 at 9 a.m.

Copyright 2013 KPTV-KPDX Broadcasting Corporation. All rights reserved.

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