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Report: Mother of missing OR boy plans to sue stepmother

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    Legal panel weighs in on case

  • Duration 3:49
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Information today in the case of an Oregon boy missing for nearly two years his name current form any disappear without a Trace from his school.

And now the boy's mother is reportedly planning to sue the last person known to see him that's -- stepmother.

-- help solve the case what about this move freight -- -- a former federal prosecutor and Jennifer -- -- a criminal defense attorney welcome to both nice heading thank you know really nice heavy face to face.

Fred let's talk about the civil lawsuit -- what is the dynamic of a civil lawsuit -- a criminal lawsuit.

-- that the two big difference is Canada's first of all in the civil lawsuit all -- talking about is money that's all you get -- civil lawsuit for the most part.

In the second part is is it to win a civil lawsuit yet to prove your case but what's called a preponderance of the evidence tonight tell juries just Padilla civil -- -- it.

He put the scales there and -- the scale tips in this ever so slightly -- in favor one side they went.

And that's it that's it.

And anyway Jennifer it is it does a person if they're -- you know this is a step mother she's a final want to see this little boy before he supposedly went off to school all right it.

Did -- go to jail -- -- have to just pay at mining and what actually happens to her if she's found guilty in the civil lawsuit and the remedy would be money damages but I highly suspect that the real purpose in this particular lawsuit is to breed new life into -- stagnated investigation.

What they're trying to do is to get Terry according to speak they believe she is hiding information.

And by.

I'm bringing this civil lawsuit.

Perhaps through depositions.

Or at a child they would get forced her but she's still actually has a Fifth Amendment privilege and I sincerely doubt that she would actually cooperate if she would actually exercise -- -- -- and that's a by the way on her sleeve screen right there that's Karen's father that we just saw there.

He's now estranged from his ex wife who is his stepmother -- who's now back on your screen again.

-- is an effective strategy taking summoned to court.

Through civil lawsuit in the hopes that maybe there's even a murmur that that turns up something for criminal case.

No and -- stay -- acting is a bad idea all around -- Jennifer is right the -- gonna sort of fit you're not gonna get.

Do -- from -- single thing and you know what -- civil litigation both sides get to do what's called discovery.

So if you're the step mom you start asking for stuff from the mom take your defense would you tell the cops -- the cops tell you.

You know you try going fishing expedition to try and help your defense further down the line.

For what to get a money judgment against a woman who's got nothing it's not worth it I'll say it.

I think -- things moving covering in the -- time -- case this little boy was missing for 33 years and his parents actually sued.

I've known child Lester who was in prison and -- in case against.

That person and now there's a different person that's in -- four.

A -- you know the criminal activity as it brings up a lot of questions Jennifer about.

About this again the strategy behind this but also the timing of it a time -- -- -- waited much longer than two years.

Had this -- doing it within a two year time frame what what's behind the timing.

I believe that under the Oregon.

A lot there is a statue of limitations that requires them to bring it within two years so they're probably that's probably motivating and the timing -- it.

But also it looks as -- if the family the parents are frustrated they want to keep the media.

Focused on this case they want to keep the pressure on the police to keep investigating this case and they want some control over it.

So I think that's what's motivating their interest in bringing a lawsuit not so much money -- of the -- golf -- like -- Shiva yeah frank as we're talking that is decades we've talked about along timing just wonder if there's ever going to be that break.

Yeah we'll get your hopes up you know so it breaks my -- -- cases both these missiles from Houston but if they don't even have probable cause to arrest her.

Chances are they -- there what's the evidence to establish -- civil lawsuit that she's responsible.

What we'll look forward to seeing what that evidence says having her back Jen -- -- had an.

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