According to the state, the shooter was well inside the car and would have had gun powder on its clothing, body or hair if 3 people were shot in the car at close distance. He should have let someone else handle the case or let someone else adopt the kids. I read the letter they sent to the Downs when they were fighting to see their grandchildren. One of the jurors finally declared we started as a group and finished as a group., He also said we dont want to put pressure on the group, we dont want to end up bickering. had to wait for Christie to be able to tell them who did it. How asinine. She was no mother of the year, I will grant them that, but a trial is supposed to be based on evidence. Youre right to say that a GSR is not always foolproof and between 10-20% of suicide GSR kits test negative for GSR. But the Parole Board refused to hear her. The strong, emotive language. Therefore, those jagged bones were floating in a cloth wrap, merely resting in a cloth sling. But there was a lot left unsaid about this relationship. And the interrogations were not tapedand barelydocumented. Barry Sheck and bis crew of investigators should get involved. They checked her shoes and they were clean. The board said that her mental or emotional disorder makes her a danger to society. Speculative? Dilantin is known to cause mental confusion and you can check it online, but consider the dosage she was on and it needs no clarification. HUGE conflict of interest. I think u need to read the facts. When your goal is to call me dude, insult my name and trash my blog, you can go on other sites who will love to spar with you while swallowing the old narrative of high profile cases. Spiritual advancement and atonement? I saw that same face in Diane Downs. I had nonetheless heard of the legendary Diane Downs; the cruel sociopath who had sacrificed her own children to be free to pursue a relationship with the man she loved. In the end, it is scary how media becomes some kind of Roman circus where people is thrown in order to become a source of business. During a trial, we have to go with evidence only. The previous video you sent me shows a Jagger pretty animated and involved in the defense of his client. She was fighting back and they did not like it. Substituting reasonable inference and evidence for tarot cards? Her children were obviously more severely injuredbecause being captive in the car while a shooter aimed at them gave them less of a chance to wiggle out of the situation than an adult outside the car. Not our place to decide. The person who shot the kids was leaning inside the car because they were shot at close range. There was never a real motive for the crime even if the State insisted that Diane wanted to be free to pursue her love interest; using her journals to support theirclaim. So I start with that bit of history in mind. In 2008, a psych evaluation by L. Williams, Ph.D., Chief of Mental Health at Valley State Prison for Women, explained Dianes lack of emotions and its relationship to her case. If she did have memories of the actual shooting, that would be very rare. As a result, joint legal custody which means parents share in the decision-making 1 is becoming the default decision in many family court systems. I also found it curious that when Diane was first eligible for parole she was allowed to apply every 2 years thereafter until she either gets paroled or dies in prison. Everything matters in a trial and investigation. Mr. I personally dont think she is innocent but that isnt the point. Blood spatter is not an exact science, and is interpreted differently by experts. As a married man, the ball was in his court and he decided togo forit. Ann Rule did not leave a great legacy as far as honest reporting goes, and she is not the only one to have commercialized a criminal case for personal gain. It always feels like punishment at all costs. After the trial that convicted Diane Downs, Fred Hugi, the Prosecutor adopted Christie and Danny (they were in foster care for 2 years before he decided to adopt them), the two surviving children. The price of celebrity for her was losing her freedom and her children for life. Fred Hugi was pretty upset when Ann Rule went Hollywood with his case. She should have had the lawyer of her choice and if they wanted to charge her with the crimes, they should have stuck with what evidence and circumstances they had. As for Diane, give me a break. While not evidence of guilt or innocence, it is certainly worth noting as part of the overall wrongs perpetrated during this fiasco of a trial and subsequent appeals. That towel should have been soaked in their blood not hers. I have watched her parole hearing. After graduation, Steven joined the Navy and Diane was sent to Pacific Coast Baptist Bible College where she failed miserably at remaining pure and chaste, not unlike most girls of her generation who rejected their strict religious upbringing. Which is itself a redundant practise: the blogger repeatedly states that Downs should be released. Feb. 4, 2022 -- An analysis from a trio of economists says pandemic lockdowns during the first wave of the COVID-19 pandemic did little to reduce the number of COVID-related deaths. A reader told me that I should have a website with all the comments. Once you are vilified in the media in the US, the way Downs and others have been, a lot of people shut their eyes and their mind to any other possibility than what was presented in the court of public opinion. It was omnipresent in the courtroom as well as the Duran Duran song, The judge instructed them to continue on to force a verdict. Any thoughts on how the detectives basically made up their mind right away in spite of numerous tips coming in? The prosecutor didn't even know that after the Mother's Day road rage incident in 2020, Rivas was charged in Maryland with leaving the scene of another accident involving bodily injury. So she could not have shot her kids at the distance determined by the state unless she changed her clothing and it did not come up at trial. I understand that the authorities were afraid to leave the two remaining children under her care if they thought she was guilty, but they could have been released to the grandparents or other blood relatives with supervised visits from their mom considering that she was not charged with any crime. I then question how she would not have blood splatter if she shot them inside the car at close range. So Mark, where are you from? Nobody knows but her. It was known as Manic Depression. Diane had moved to Oregon only 6 weeks before the tragedy to work in the area and have her parents spend time with the kids. So when Dr. George Suckow from the Oregon State Hospital in Salem was called as a States rebuttal witness and he made a professional diagnosis of Diane as histrionics, antisocial and narcissistic, he openly said in court that he interviewed Diane for 1 hour and read evidence presented by the state to make his diagnosis. If thats what you want then dont pretend its anything but. It was a harrowing, shameful miscarriage of justice. But you told Diane Downs to go ahead and get an apartment? Insulting a woman in prison since 30 years instead of debating the inconsistencies of this case is pretty pathetic. Even prosecutor Fred Hugi was seen walking the grounds to try to find the weapon. But I would not know what her state of mind is because I did not witness it. One of the more bizarre scenes in this farce of an investigation was about to unfold. Her son ended up in jail and ONeils children accused him of neglect and bad parenting. To Lori She also underwent a gun residue test that same evening that revealed no trace of gun powder on her hands. The best policy for Diane Downs would have been to remain silent, but she fought back and smiled at the wrong time and according to them, enjoyed the attention. I bet the records are and always have been sealed regarding this aspect of the case. If the goal was to get rid of them, why didnt she emulate her lesser half in this matter? The whole blog claims the trial was flawed. I think it would give the blog more integrity and transparency. It had nothing to do with the evidence of the case and represents useless labeling anyway. Anyway, it takes a good scrubbing with soap and water to get rid of gun powder residues and doing so with only one arm would be quite difficult. The fact that she and her brother Danny were eventually adopted by Fred Hugi who prosecuted Diane Downs is the most blatant case of conflict of interest I have ever heard of. So yes I think she did it, I think ration left her a long before she did itI think post pardum played in this, I think, she was scattered all over the map.againjust hearing it in her own words. Except for Paul Cortez. You read a few comments. The courts were divided in the 80s, family court, traffic court, criminal court, juvenile court I dont believe they ran out of judges to preside over them all. It was all about Charlene wanting KnickKnick ~wanting Dianeand Diane wanting a return to the peace she had before Knick asked his wife for a divorce. I would say so. 5. It was demonstrated at trial that the shooter shot the kids at close range. The fact that the accused in this case was atypical, makes her the perfect target. A demonstration in court strongly suggested: Suggested, not confirmed. Where is the blood spatter on Diane? Only in Hollywood and in Ann Rules books, would you find such fantasy: Relevance? He is in his 70s now and his photo is not on his linkedin or anywhere I could find. Thanks again for bringing this to my attention. 6. Dianes brother, James, sat in court one day andnoticed Foote looking at Hugi before ruling on an objection. Im glad you continued to look for more information as time went on. They did not like her attitude and she did not behave the way they expected a grieving mother to act. The following article hopes to help you make more suitable choices and get more useful information It is not, as the blogger frequently refers to, evidence. If there is one thing Diane knew about her lover, is that he was fickle and did not like trouble of any kind. I base a lot on what I see and hear from her in her own words in footage of a 28 yr old woman. It gave Anne Rule carte blanche to legally use these labels in her book and it stuck. Mission accomplished. Whenever your shoot a gun that many times and that close to the victims, theres going to be blood and powder residues. He asked her for the car keys and she pretended to throw them away to distract him. The fact that the DA adopted the children, since it was after the trial, is more of a gray area. So, were there any other attempted carjackings in the area that night? Downs wanted to get rid of the kids because her new boyfriend didn't want . Because she had driven that area for years for her work. She learnedat a young age to keep her emotions in check and to always present a strong and brave front. The inconsistencies and obvious lack of evidence in this case should have called for a wider investigation instead of solely focusing on their prime suspect. My question is: why is she still locked up? Not optional, kids should not be in limbo that long, but it happens all the time. This is a fascinating and informative article that has answered some questions I had, and prompted others: 1. There were days she was unhappy to see the staff and her family because she was very ill. That poor girl had a lot of bad moments where she would cry constantly or trigger the machines and to have defined this single incident as one of terror instead of excitement over seeing her mom was biased and self-serving. I go through every new finding and I point out what was done at trial that did not respect due process. Guilt or innocence no longer need to be debated in this case. If appropriate family members could not be found to take placement of the children then family friends are the next step. This happened in 1983, not 1893. Dr. Obrecht Learns if She's a Bone Marrow Match for Willow Plus, Nikolas' Whereabouts Are Revealed. This case certainly had its share of circumstantial evidence. Being bipolar, she had no impulse control so it should not have surprised anyone. If I was of a mind to manipulate the Board by giving voice to the words they want me to utter, Id have sold my soul two decades ago when the lies would have benefited me and my youth passed long ago. I was a patient of the doctor who worked so hard to save her childrens lives that night. I will not remove anything. Unfortunately couldnt really do anything at that point, as the movie was not VHS yet, it only aired that oncein late 89. Diane had consulted a psychologist after the tragedy and after months of consultation, she was never diagnosed as a sociopath. Brewer stood ready to testify in June 1991, that it was because of Prosecutor Hugis lie that he changed his mind to convict and that he alone was responsible for silencing the dissenting votes of two other jurors (Appendix 97). After all, she was conditioned this way. They played the tape in the courtroom, and the fact that Diane did not break down but tapped her foot to the music, was supposed to be another proof of her guilt. Did u learn nothing?? Lise,,,,, yes you did. So move on. Everything was in the bag and ready for trial. Right after the shooting, little Danny would ask the nurses, Why did the mean man shoot me? and it would be written down in the daily notes. Whether or not Steve Downs was in some way behind the shooting, the man who fired the weapon was a stranger to Diane. A. No excuse there. Why was no one in the family given the right to adopt them. I feel sorry for Diane too. Page 26 of Case History. So, why didn't Steve Downs get custody? Doing it without witnesses when she was so sick is underhanded. There is so much to say about this blog I wouldnt know where to start. The blog tries to bring balance and more objectivity to a case that was TOTALLY one sided and still is. I cant believe anyone even believes or even follows you. If the answer is, revenge, then it has been achieved. The tape is real and probably not admissible, but it seems to indicate that her testimony was coerced. So Diane did what she thought would bring her the deepest satisfaction in life; she became a mother. Diane now had the title of dangerous offender. She did it. As soon as Diane was found guilty, Hugi demanded that Diane be evaluated by a psychiatrist before sentencing so they could declare her a dangerous offender and give her a stiffer sentence. I am a Mortuary science student, true crime fanatic, and have been following the Downs case since it happened. I recently found your website and have enjoyed it a lot. I removed the dumb and crass part of your comment. (witness statement the gentleman who was behind her for at least 10 minutes). That doesnt make it true. If personal diaries were to be believed, half of the population would be in great jeopardy. Plus, you do not let a newly appointed judge to criminal cases, preside over a high profile murder case when he has no experience whatsoever and has already prejudged the defendant dangerous to her children. If you are not bothered by lack of due process and a prosecutor making up psychiatric labels and adopting kids from a defendant or a judge who gets promoted from family court to criminal court to hang Diane, I am sure bothered by it. I wish she could get a new look. Many individuals associated with the the child welfare system, for one reason or another, choose to adopt children. How was DD able to get away from CK and get the keys back into the ignition without there being more attempts on her life? A very reasonable request that was rejected. It surely was not due process. I talked about her still being locked up, all these years later, because I really want to know is it because we believe she will commit more crimes or is it because we need more revenge? Rule even talked about writing a book about her but it never materialized. My beef is with the interference by the media, TV shows and Ann Rule I had never heard of this case before I read her book (Im not from or do not live in the USA), but I found myself constantly despairing at the authors unfounded judgements and wild suppositions. But due to a law enacted in Oregon after she first became eligible for parole, she can now only apply every 10 years. The Parole Board had an obligation to parole Diane between 1998 and 2002 if she could provide reasonable cause to show she was not a danger to society. You seem to believe everyone is innocent. Their marriage was described as tumultuous, with Downs allegedly disappearing for long periods of time with her children. There is no way that a jury would convict Diane today, based on the clearly coached testimony of Christie. What got her convicted was two things the towel and Christie. Its too late for me to call myself a murderer (when I am not) just to purchase my freedom. In her book Heart Full of Lies, Rule took so many liberties with the facts that Liysa Northon sued her. Until the end of the trial. I try to remain objective in spite of the media storm depicting the case in a certain way, which is not accurate in every aspect. Im sorry but your article is tosh. She waseighteen and soon realized that she had jumped from the fire into the frying pan. I cannot be more transparent than that and integrity was one of the missing pieces of the entire case. In a fairly good knot which would have taken time to do one handed and teeth. She said She did it. Yes, I had to go and sign the lease, yes, sir. Below this letter see links to Salem-News.com articles about the questionable conviction of Diane Downs. A fair trial is a right in this country, not a judicial suggestion. It has nothing to do with the facts of the case. Its a dangerous proposition when a lack of due process becomes acceptable because they know she is guilty. If you think you would have more influence arguing for better relationships with Mexico at a Donald Trump rally in Mexico, why bother? Her 7-year old daughter Cheryl died but her 3-year old son Danny and her 8-year old daughter Christie survived. An attractive woman whose two children were killed in mysterious circumstances and the cops decided to go after her. In the 1996 Federal Petition, you can find the Anatomy of Brainwashing that can answer any question on this subject. She signed an affidavit to that effect and wanted the jury informed of it but it was never done. 3) You have a photo of Diane before the parole board. And their plan worked. She had a bullet wound in the arm, and the three kids in the back of the blood-soaked car had all been shot at close range. The roller coaster ride had nothing to do with Diane s children and Diane knew it. but I think there are some extreme cases that knock women in a bad psychotic way that can be life threatening. No one bothered with these details so I did. The states own witness, Dr. George Suckow and Dr. Polly Jamison denounced Prosecutor Hugis practice as improper and unethical (Appendix 101 and 104). They went through the process which demonstrates a certain level of commitment in itself. At the time Diane had told police that a stranger attempted to carjack her and shot the kids, and that's what her ex husband was told, too. Further: Wonder about Justice in Nation with world wide highest prisoner rate. Critics said she deliberately became pregnant in order to garner sympathy from the jury. In addition, the children were suffering life-changing physical and mental trauma, which would take years to heal. Her three small children, Christie, 8; Cheryl, 7; and Danny, 3 . The details about the gun missing, the daughters testimony and the fact that she had no blood or gun residues are facts. Crime is entertainment and big money so this case will continue to be on the forefront and the same assumptions will be repeated over and over again. Makes major decisions easier because only one parent is legally responsible. Therefore, my understanding is that the original sentence is deemed indefinite with parole hearings every 10 years. Children under the age of twelve may cognitively grasp the concept of truth and lie, but lack the conscience which compels people to apply the concept to their lives, or the strength to maintain the truth when adults coerce her to lie. Now if the shooter was this James Haynes guy, someone who apparently Diane Downs knew from buying drugs, then that would explain why she stopped in the middle of that road. I lived through the media coverage. Like I said, the 2 years make it a bit more of a gray area. The guy should have walked away from the case or from adopting them. The DA that put away their mom is not an appropriate placement choice. The unreliability of childrens testimony has been documented by cognitive psychologists such as Elizabeth Loftus of the University of Cornell and others. We talked about Steve's love of Marvel films and we joked about the staff knowing we were on a blind date because the waitress had . I am not her advocate, but I think she did not get due process. Thats why Diane wouldnt agree to marry unless Knick first signed a premarital agreement that when they divorced, Knick would take nothing from their marriage. My website is in the process of being migrated so it has no photos. This is also what the state did to her. Pros. Removing the children from her and presiding over her criminal trial? Thanks for posting for readers. One could argue that this blog does not stick to what came out at trial. Some 287 errors and falsehoods were documented by Liysa and verified by official sources. And they kept at her and made suggestions when she would not implicate her mom. Q. Is. Children imitate their parents every move. And in fact this would have been about the time that Charlene broke a bottle of liquor that you had. Do you remember it would have been around say November 19th of 82 that you would have left Charlene at one time? I agree. You do not debate the content of the blog which you probably did not read anyway. ?.the fact you are ignoring something SO OBVIOUS is a red flag. The jury verdict was guilty on all counts, but there was a mixture of votes. They had high hopes for Dianes future and this bad boy was not part of it. Diane found a full-time job with the U.S. Post Office in 1981, and was stationed in Chandler. You can check this link and go online to see her picture with Cheryl and the rest of the family. In Oregon, in 1983, she shot her 3 children, 1 daughter died. statement regarding the effects of the childrens medications while in hospital should acknowledge where the blogger obtained information about the side effects.). The prosecutor would gently shake his head and the good judge would follow with a ruling. Hello. It means you dont orphan the kids. I am not from USA, never have been there, but my impression is that in USA media are far more powerful than the justice system and rational thinking is crushed by easy emotional moods, stereotypes and a hunger for violence coated in a pompous moral attitude. She should of been sentenced to death. Detective Antoine also performed a trace metal test on Diane I S hands to detect the presence of trace metals left after someone has touched or held something metallic like a gun (Appendix 65). Mr. You were not there and one thing I have learned about high profile cases, is that you cannot always believe what the media, biased detectives and Ann Rule have to say. Most get through it fine, maybe some complications or pain, maybe even some post pardum. Knick had NOT signed the premarital agreement, but that didnt stay his pursuit of Diane, knowing she was moving 1200 miles away. And according to the law, she should have been released by now, independently of what she says or not. One of the jurors finally declared. This case flew under my radar so to speak because it happened before my time. It was far fetched, unfoundedand convenientlyrelayedby Rule to boost the sales of her book. Evidence from a ballistics expert. It did not matter that they had no evidence; they did not like her attitude and she was going to pay for it. did he have eyes in the back of his head.???? Her mom is still alive and would love to have contact but respect that they wont. No. Lori, I luv how you ended your comment Lets also remember that this is the US of A and we dont lock people up for being narcissistic, antisocial histrionic individuals. Either way, it appears to be a conflict of interest. I try to bring up the elements that were totally ignored. Susan, I dont know if there ever was a lawsuit against Ann Rule from the Fredericksons family. You are right. We had a thoughtful jury that examined the evidence over four days. This was very stressful. Wasnt it speculative on their part? The fact that they used her daughter and lied about the gun they could never find makes it a wrongful conviction. It really doesnt matter that much of the trial and due process was faulty, because its so obvious that Diane is the one who did it and that justice was served. Her flat affect is even more pronounced now and it did her in at the time, but she was lucid enough to clearly see that Rule and the media used Becky for their personal gain. It was pretty apparent during the course of this saga that the media and the state were willing to give a free pass to anyone willing to badmouth Diane. She was also shot twice andifshe had been sitting up, the seats would have been covered with blood spatter as well as the shooter. She said no mother would stop at 10 at night, in the dark, with three young children, to help a Bush haired stranger. Most importantly why would anybody shoot 3 children potentially fatally and leave the adult with a wound in her arm. Christie could not speak but after some rehab, she said repeatedly that she did not know who shot them. This was all logged in Christies hospital reports and is found in the Appendix of the petition filed in Federal Court in 1996 in the section Hospital Reports.. 3. You fail to mention what her daughter actually said about her communication with Diane, like Diane telling her that a very powerful person, a secret man, has been watching her, and that if she loved her son she would move away or else her son will grow up to be a murderer. This website supports restorative justice, so of course it leans towards sentences that are not life without parole if it is supported by a warden and mental health specialists. 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