The fact that the judge who presided over the child welfare case and the criminal case was the same individual is absolutely a conflict of interest. Foote then handled the juvenile docket and first encountered Downs when he ordered her two surviving children into state protective custody. It seems that the Downs were totally ignored. Leslie Van Houten is an example of a woman who probably will never see the light of day because of her high profile status. Speculative? Instead of blaming societal problems and working at finding solutions, prison always seem to be their option. She had one arm totally out of commission. But for what it is worth, I believe she tried to kill her 3 kids. And the interrogations were not tapedand barelydocumented. The lack of balance and objectivity. And even when confronted by the wrongful practices used at trial to get her convicted, are ok with her being locked up for life. If not from her high profile status, she would already be out. Her case was too public and they are afraid of public backlash. But it is not hard to see that the way this tape and her confession were obtained was not legitimate. Sheriffs Deputy Roy Pond admitted in court that he had already concluded that Diane was guilty and stopped following leads on the orders of his sergeantthree weeks after the shooting. Simply because I researched them. If I included the ones I dont post, it would need more than a like or dislike button. So appropriate! While that makes her technically eligible for parole at some point (in her case 2009) it does not actually mean she has an end date or a release date. Lets not take that lightly. The detective said if Diane would just testify against Steve Downs, she and her children could go home and try to put their lives back together. And how the letters became so bizarre, paranoid and psychotic that she told Diane to stop writing her. The way this investigation and the trial were conducted only left me with doubts. After giving birth to . But I am more than willing to review any new info. Therefore, my understanding is that the original sentence is deemed indefinite with parole hearings every 10 years. Whenever your shoot a gun that many times and that close to the victims, theres going to be blood and powder residues. Strange how Jagger is pretty absent too except for the few photos where he is wrongly identified as Hugi. 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. A new trial would be out of the question, so to me, parole would be the solution. The parole board in Oregon was asking to provide reasonable cause to show she was not a danger to society and it had to be supported by a psychiatrists report or a Wardens letter and Downs provided both. The last time I checked, it is my website and if you find it tiresome, no one is inviting you to stay or read the content; which you evidently did not read anyway. I wish she could get a new look. So Diane did what she thought would bring her the deepest satisfaction in life; she became a mother. Its a rather large part of the story. a clinical lab to Dianes not being herself the day the Detectives pressured Diane to accompany them, the fact is Diane was clearly suffering the residual effects of that chemical poison in her system. I remember when it was in the news. That towel should have been soaked in their blood not hers. Great blog post, thank you. And he was found not guilty because his defense team played the race card in an area of LA where they did not trust the police and discussed EDTA and DNA ad nauseam to confuse the jurors. One of them named Angel, called 15-year-old Christie on the phone. But you would know that if you had read the blog or info about the case. The blogger continues, I am not one sided. why didn't steve downs get custody. Five doctors have observed and documented this phenomenon. Seems to me that if that part of the story were true, and she really wanted to find her childrens shooter, she would have provided that information. But to convince this young and vulnerable girl to turn on her mother, they needed to isolate her from her family and work relentlessly on her confession.. No OTHER reason. Halo Infinite. Wasnt it speculative on their part? Diane had a few lovers, which Knick refused to acknowledge (Appendix 81, pages 1508, 1520). ?.the fact you are ignoring something SO OBVIOUS is a red flag. I feel sorry for Diane too. During his travels, he visited prisons and spoke against this type of barbarism because his father was imprisoned for a debt of 40 pounds and 10 shillings when he was twelve years. Yes, but it is a fact that she was starting to say that she did not know who shot them when it happened. They were put in an impossible situation. I will not remove anything. But if you compare the time she was seen by the witness to the timing of her arrival at the hospital, it seems to indicate she went pretty fast, butnone of it was explained ordemonstrated properly. 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. The only reason they kept her in prison even if she had all the right documentation and support, is because she is high profile. 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. Now she claims she was dating an FBI agent at the time, was holding some top secret pictures for him, and she was on the road to meet someone to pass them off, at the instruction of her FBI boyfriend. But there were discrepancies; the tool marks did not matchand the detective lied on the stand about it. This blogger apparently believes anything she hears to support her inaccurate theory that Diane Downs was falsely accused and convicted. If the police department had done their job properly, I would not have written this blog, no matter the outcome. BUT the babies were put in Foster Care before any allegations were made Family has defended and backed Diane for her Innocence clearly from day one The state took them away from all family because family was and is the enemy Just like Rule though, your blog is extremely biased, and reads almost as though she told you exactly what to write at times. The fact that she took the kids to the nearest hospital, andtwo of them survived kind offlies in the face of their murder at all costs theory. Very little is definitively known in this area. 2) You mention her youngest daughter, and how Ann made sure she only heard negative information about Diane. Plus, the circumstances of this charade were more than sinister. When a white attractive woman like Diane Downs appears on the scene while displaying seemingly unpleasant characteristics as a mother and a personality disorder, there is no telling what the media will do with the story. Theres a lot to be said here, still. I enjoyed your take, and agree their are several reasons with this, and lets be honestevery other case ever prosecuted, to take pause and question but Diane continues to lie, make up brand new stories about people after her, and has made no moves to better herself in any way shape or form while shes been in prison, by her own admission. I was also stunned that she took the reports of all of Dianes ( mostly married) ex lovers as absolute truth and never once questioned that they might have been lying and retrospectively minimising their feelings for Diane to protect themselves. She talked to Diane for 15 minutes, there was thebizarre and partialOprah interview that was basically a lets bash Diane event and she wrote to Diane in jail to ask her what she thought of Hugi adopting her children. The lawsuit against Ann Rule was thrown out as unfounded because after reading her book they could find no inconsistencies She sat thru the entire trial AND used actual court transcripts. Many troubling elements of the case were discovered after the trial, but there was enough during the proceedings to be asking questions. 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. 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. Oh my. I point out some obvious facts and discrepancies, and that due process was shoved aside because the state and the media presented a guilty image right from the start. Diane Downs is guilty beyond any doubt and I do not believe that her daughter was coached. Do not forget that she got letters of support from a warden and psychiatrist. The fact that there was a rush to judgment, an investigation targeting only one result and a media coverage often presenting lies is very bothersome. What I believe doesnt matter at all. Lise,,,,, yes you did. Clickhere to read about faulty ballistics. I was always really bothered by that. She'd also shot herself in the forearm. Except after the idea was subsequently planted in his head only to be alluded to in court, in spite of an agreement to never mention the subject. Removing the children from her and presiding over her criminal trial? There was no blood on the front seats so Cheryl was laying down and Christie was asleep laying down and never witnessed anything. She always seems to have not a very close contact with reality. I think that she has done enough time and should be released. Fred Hugi is a man of the highest integrity and I hope that Dianes surviving two children finally found the love and stability they had been denied by their natural mother. 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. A. I think DD is guilty, but I also think her trial was far from due process, and that is the important issue. If the grandparents and uncle had visitation rights, they could have respected some rules as far as not discussing the case, but imagine if she had told them that she did not remember? Steve made some piss poor choices when he had visitation with the kids after the shooting; he permitted them to go off alone with Dianne, when she was not supposed to have had any contact at all with the children. And when kids are hurt, emotions keep flowing endlessly. The proverbial expression It takes two to tango applies here. She unwillingly followed the cops in spite of being in pain and not wanting to leave the premises. There is also a recording where she says that she had no idea who shot them. Ann Rule promotes her books as true crime stories so to this day, viewers believe that the book and the movie titled Small Sacrificesdocument the true story of the Diane Downs case; in fact, it is a mix bag of truth, falsehoods, interpretation and plain fiction. So she warns her to stay away. I almost felt bad for her.that being she seemed so lost in her lies..she just hangs in limbo now. We will never know what really happened because the authorities acted too hastily and the media was a huge hindrance. But why was the judge in family court hopping over to criminal court? 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. What they did to her daughter is unconscionable. The definition of deviant sociopath does not even exist in the DSM-HI: Downs lawyer at the time should have objected as the term was non existent. Diane described the stranger that shot them on the road and a police artist came up with a sketch. I then question how she would not have blood splatter if she shot them inside the car at close range. She has been in prison for so long that we dont know what her mental health situation is so it is a moot point for me. I cannot be more transparent than that and integrity was one of the missing pieces of the entire case. Did CK shoot at car when DD drove away? A test for the presence of gunshot residue conducted on Dianes hands the night of the shooting, returned a negative result (Appendix 23). And Steven was free to follow her lead or not. Im not arguing the facts of the trial, and Im not about to. On her way to the hospital,she was followed by someone who said she was going slow, but Diane said she was driving fairly fast. They went through the process which demonstrates a certain level of commitment in itself. Around 1 in 20 residents in Arkansas and Tennessee were missed during the 2020 census, and four other U.S. states had significant undercounts of their populations which could shortchange them Most people negotiate the ups and downs of . I guess he did not want too many people to know about the improprieties that happened in his courtroom. An attractive woman whose two children were killed in mysterious circumstances and the cops decided to go after her. 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. It was such a high profile case and she was found guilty by the media and the court so people are afraid to touch this one. She folded it neatly around her arm. Being bipolar, she had no impulse control so it should not have surprised anyone. And the fact that Tracy wrote in his notes that Christies reaction could have been excitement to see her mom but they decided to only mention extreme fear? If you had commented on one of the elements contained in the blog, it might have been enlightening. So glad you wrote and provided this information. They were in foster care for two years before the prosecutor adopted them. Guilty or not, the case was handled with prejudice and many errors occurred. One of the more bizarre scenes in this farce of an investigation was about to unfold. It kinda scared me, the thought that mommy could shoot me, like this mommy did. I write about cases where due process is in question and important aspects were ignored or twisted. Q. The case NEVER made sense to me. I am glad you read it anyway and I appreciate your comment. I dont care what Diane Downs says at the parole board hearing, except if she is innocent or guilty. Lack of impulse control is also another symptom that might explain why a mother would stop at night to help a stranger flagging her on the road. Whether or not Steve Downs was in some way behind the shooting, the man who fired the weapon was a stranger to Diane. In addition, the children were suffering life-changing physical and mental trauma, which would take years to heal. And thats fair enough. If Oregonians were not all convinced at first, the media and the crown made sure they would be. This unexpected proposal took Diane by surprise at a large family gathering. Of course buying drugs with three kids in the middle of the night from a guy like that is not the mindful thing to do, but would be more consistent as an explanation for her actions. It is not my point. But in their defense, they were told at trial what gun was used by Diane to shoot the kids and it must have been very difficult to overcome the emotions brought on by the words of little Christie even if it was pretty obvious during her testimony that she was confused and unreliable. They lied about the ballistics. Her family members were quite capable of taking care of the children. Besides, none of those diagnoses are illegal. The previous video you sent me shows a Jagger pretty animated and involved in the defense of his client. It was obvious to the cops and the prosecution because they proceeded to get her daughter to testify against her because they had nothing to prove she was the shooter. The children were in the hospital, it isnt like they could have taken them home. One could argue that this blog does not stick to what came out at trial. A demonstration in court strongly suggested that the shooter had to be left-handed to have been able to shoot in the car at the right angle. She is still in prison. Also, aside from her original mental state, which may or may not excuse her aloofness (doesnt prove shes a killer by the way! Considering that the daughter she murdered will never get a second chance, it will never be long enough unless its for her entire life. Maybe she didnt want to admit she was there for drugs, but you need a really tiny brain to worry about that in such a situation. 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). Sometimes it takes until late in life for connections to be made again. I think that the US system is barbaric Charlene would call Diane at all hours of the day and night to threaten violence if Diane continued on with her husband. Even if I have no doubt that Hugi loved the kids, we have to wonder why he adopted them two years later just when little Christie started saying she had no clue who shot them. That is the way she was brought up,especially at the demand of her rigid but verydedicated father. And by the way, I wrote the blogs about Rule way before she passed. But she suffered from mental illness and the circumstances were traumatic. Movie scene alleging that Christie was scared. But you told Diane Downs to go ahead and get an apartment? And in fact this would have been about the time that Charlene broke a bottle of liquor that you had. I have no idea how the social workers and county attorneys justified doing their due diligence in preserving the family (mandated by law) when they were in court. That conflict of interest alone would incline Christie to testify against her mother. I did not shoot my children.. They both would fall in love and decide they want to marry each other. So move on. The case was so one sided that it is about time some of us bring up the other side. Her lover and former husband testified against her but it did not represent evidence but character assassination. Not meaning to sound disrespectful, but you seem to be doing what you accuse Ann Rule of doing. you quoted what diane said as to what happened When she resisted, he shot her kids and struggled with her. Dianes story does not contradict that. By the way, that interview with Christie by a biased advocate named Angel borders on abusive. Whats wrong with the system is whats wrong with us. I couldnt get my hands on the book nor find anything in librariesso basically it was many years later I dove into knowing more about this case, that kinda haunted me. It was cited that she keeps her emotions close to the vest. And of course, she added her own brand of paranoia, which is to be expected considering her personality disorder and what she went through. The judge who took away her children presided over her criminal trial. You do not debate the content of the blog which you probably did not read anyway. So the hell with no gun, no GSR, no blood and no witnesses except a sick child who denied knowing who shot them until she could not anymore and happened to be adopted by the prosecutor; making it look like she could never change her mind and reveal that she has no memory of the shooting and maybe have the case reversed. Of course, because this is what she does when people put her on the spot and ask questions concerning her mother and the shooting. So it looks and sounds like she is getting special treatment because of her notoriety. Seriously. Her arm was severely damaged, so shattered that she needed a graft from a hip bone. Diane had spent three days in the hospital ingesting massive doses of Morphine, Demerol, Percodan, and visterol. What about the son saying that man and nurses noting that. I didn't get tipsy, I'm pretty good at handling alcohol. In the spring of 1986, Christie confided to school mates that shed been coerced to lie in court, to implicate her mother (Appendix 1-2). She even provided the police with her own sketch. That disinformation was alleged by Mr. Hugi the third day into Jim Jaggers defense and it was never objected to by Mr. Jagger . What about the facts of the case? They are the ones who considered Dianes children as, To this day, his record is mixed; his law license was suspended for, Belli filed a motion for a 2-week extension to familiarize himself with the case because he had to be in Italy, and declared Diane innocent in a press conference, but Foote denied the motion and declared . I try to bring out the details that were ignored because Down was so unpopular. The whole blog claims the trial was flawed. What?? What about the affidavits of the guy who confessed to several people? Right?? It is said that they didn't go to Steve because he wasn't a fit father or well equipped to take care of children who had gone through such a traumatic experience. She has an excellent conduct report and never reacted violently to any of the harassment from other inmates. The next morning Diane appeared in the courtroom with a police report written by Detective Pond a year earlier, in which Ms. Patterson was sure Diane had gone nowhere near the bathroom the night of the shooting (Appendix 62). Downs wanted to get rid of the kids because her new boyfriend didn't want . My question is: why is she still locked up? 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. it also isnt right that the rules get to keep being changed after the fact as far as how often one may apply for parole. When I hear some people say that they would have liked to smack that smirk off Dianes face when she interacted with the cops or the media, I sayreadthis to understand accounts of people laughing at the wrong time and how it is related to their personality disorder. In her case it seems to be more a matter of punishment. When they recaptured her, she was very docile. A trial should be based on facts and solid direct or circumstantial evidence. I can make out I will ask you to take a good look at the people in your life. If you read the blog, it is because of the lie told by prosecutor Hugi that ignored the assessment of her therapist Dr. Jamison and was condemned by the psychiatrist that they were convinced to find her guilty. If she was such a manipulative person, she would not be in prison for life, would she? It opened a huge can of worms regarding the real identity of the heart full of lies in this case. The car was splattered with blood, but Diane had none on her. The detectives and the state failed to act properly and it should not be an accepted practice. Foster Carers says either Australia or England to me. Maybe that her mom was obviously not well after spending her life in prison so it would have been a good idea to meet the Downss family quietly and get the jest of it. The two mental disorders that cause excessive talking are Bipolar Disorder and Schizophrenia. Hugi got the evidence needed to convict after numerous meetings with Christie. If you have an opinion on drugging a child to make her talk, a judge presiding over a criminal case when he was in family court and removed the children from the defendants or the forensics, ballistic, etc. The fact that the children were in no way protected by Child Protection Services is undeniable. It is not, as the blogger frequently refers to, evidence. Her husband James Krauseneck was charged with her murder in November of this year. I am not saying that Diane was a saint or Ann Rule a demon. Our legal system is not perfect. Whats next? This happened in 1983, not 1893. And her mental health should definitely have been a factor to release her with follow up care. Wasnt Mr. F supposed to be a child molester? Inside, outside, top to bottom. In 1991, David Brewer, a juror who deliberated Dianes fate in her 1984 trial, came forward to say he and another juror had decided to acquit Downs by the close of the States presentation. Diane and her family fought for them but were blocked from day one. Diane Downs' ex husband, Steve Downs, lost a lot in May 1983 when his ex wife shot their three children, following their divorce in 1980. Nice to see this blog is still active in 2017, being a lot of groupsmessage boards and such, on subjects like this has no activity for years. Here are the pros and cons of sole legal custody. Yes Gigi, the same judge who had removed the children was also presiding over her trial. Christie NEVER said she didnt know who did it she was just unwilling or afraid to tell on her mother. I must humbly admit that I had not questioned the facts of the case before readily accepting this image of Diane as a cold blooded killer. So how she behaved at the time, should not have been a factor influencing the authorities. In case you did not read the blog: During Dianes examination at trial, Fred Hugi said in front of the jury, in the form of a question, that she had been diagnosed as a deviant sociopath. The blog tries to bring balance and more objectivity to a case that was TOTALLY one sided and still is. Thanks again. You dont get any kind of advancement or rehabilitation in prison. and so on. Even if they say that she did not get involved in rehabilitation programs, she did participate, but obviously did not admit to killing her daughter and injuring the others. The authorities believed that the children's father was not a good fit to look after the children after what they had endured when their mother tried to murder them. It could have been very different at almost any other time or with any other attorneys or juries too. He said all the police needed was for Diane to bear witness against her ex-husband. Do not take this so personally. Thanks for the link. Thanks again. Their life without parole sentences are a dime a dozen and so randomly used that it beats any notion of justice for all. Maybe she wanted to buy drugs. Are we to believe that Proctors second gun was stolen with the bill and ID from the first gun that remained listed at the gun store? The problem with high profile cases is that the media, the DA, the cops and authors like Ann Rule dictate the narrative and it becomes almost impossible to look any other way unless you are a critical thinker devoid of emotions related to the case. Q. Hardly circumstantial or coincidental what are the chances that a bushy haired stranger, masked men, or someone that knew her (take your pick from Dianes ever shifting account) would have the exact same bullets matching to bullets from a gun owned by Diane ? He needed, now more than ever, to vacate the area asap. This video of Jagger absolutely looks like the photo that you find on search engines for Fred Hugi. How one of them lied on the stand about ballistics? The jury verdict was guilty on all counts, but there was a mixture of votes. More reason to have investigated the case more thoroughly. During closing arguments, Fred Hugi said that the murder weapon used by Diane was a Ruger, and the state had the model number and the bill of sale. If there is one thing Diane knew about her lover, is that he was fickle and did not like trouble of any kind. I didnt know that. It was pitch black outside. She entertained the idea of opening a surrogacy agency but the project never really took off. Seems like former husband, Steve Downs, should've been the custodial parent after the divorce. Master Chief actor Pablo Schreiber has said he won't do an impression on the Halo TV show, suggesting he won't try to . Fred Hugi was pretty upset when Ann Rule went Hollywood with his case. She claimed she . Exactly Libby why did they say during the trial that he saw his mom? You make an interesting observation when you say: Anyways. It seems that a lot of what was written down never came up during testimony and some nurses even strayed from the original content. During cross-examination, she said that she witnessed the murders while sitting up and that Cheryl was sitting up on the front seat when she got shot. Guilty or not, we should know better than to use the justice system as a psychic tool when theres not enough evidence. 1. When a unicorn and hungry like the wolf make their way into a court room during a high profile trial, its a red flag. Our laws are not written that way. Shes where she belongs. The underlying basis of this article. There were many problems with her trial and that matters. Not even the gun. Only after these avenues are exhausted should non-relative placement be looked at. I watched and worried through her escapeto find her childrens real attackerthat bushy haired stranger .
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