The diagnosis of the psychiatrist for the state is also clearly documented. Its a rather large part of the story. If you use this mixed water, you can lift off a gunpowder stain.. Melvin Belli How things could have been different. ..a little over year before the shooting had a surrogate babypregnancy and giving the baby awayumits donnoits the gal already had a fragile mentality.may not have been the best idea. Gun shot residue is not always present. Christie was born in October of 1974 and Cheryl Lynn in January of 1976. Her father also insisted shetry to help catch the shooter. He could then have initiated the licensing process to foster and then adopt the children. It had nothing to do with the evidence of the case and represents useless labeling anyway. She knew that Knickerbocker hated trouble of any kind, and thathe would have never come back to her after an ugly shooting where she had been wounded and her kids damaged. The men in her life were in no shape or form called on their irresponsible or wild behavior. Dianes injury had to be quite painful and shewas in shockwhile driving to the hospital and accompanying the detectives to the crime scene. Mr. Jagger read the report and said, you were right. Only the people who present ongoing threats to the safety of the public in general are the ones this sentence is reserved for. I know several people who know or knew both of the surviving children as well as Diane. He said all the police needed was for Diane to bear witness against her ex-husband. It deserved as much attention as a Unicorn, a song or all the other hearsay floating around because at least, they came from real people signing official documents. You didnt know that?? And Robert Knickerbocker became one of her lovers. How asinine. Guilty or not, the case was handled with prejudice and many errors occurred. I go through every new finding and I point out what was done at trial that did not respect due process. She never hurt anyone in the process of escaping. We make them president. Andthe DA adopted her other two children. Not that Dianes mental health was not a factor in her letter, but it was definitely taken out of context in some instances. But there is forensic evidence pointing to Diane Downs. Devoting ur life to taking down a dead author is a waste of ur talents. Diane said that Cheryl was laying down on the front floorboard with the passenger seat pushed back. The popular TV movie Small Sacrifices was based on Ann Rules book and it painted a horrid picture of the mother accused of shooting her children on Old Mohawk Road. She could not have been shot twice in the back while sitting up and have the bullet pierce her body to end up under the floorboard of the passenger side. Yes Gigi, the same judge who had removed the children was also presiding over her trial. They never found the gun and she showed no signs of having fired one. I dont know the woman. Christie was only eight, had suffered gunshot wounds and was in shock. 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. Ffs maybe u should go back to writing screenplays. One of them named Angel, called 15-year-old Christie on the phone. I go fishing with a jurors husband. (Yes in the 1980s a ten yr like myself was not as mature as say todays 10 yr olds. Nuts maybe, but not threatening. That is the reason effective trial counsel challenges the competency of a nine-year-old child to testify in a court of law. They brought cakes and cookies and became friends so they were not going to fight over this. The State produced a witness (Ms. Patterson) to testify that Diane Downs entered the hospital bathroom, left the door open, and ran water in the sink (Appendix 87, page 476). I write about cases where due process is in question and important aspects were ignored or twisted. Jump through the States hoops, or find a noose around your neck. But you are right to say that it is my site. It is also very is to clean. Even more now with hindsight because of the gun and the fact that her daughter kind of recanted by demonstrating that if pushed, she will say what is expected of her. Open ended sentences like this are meant to provide a means of control and public safety when considering dangerous offenders who may pose a continued risk to the public. Those cases shouldnt have been in the same court let alone presided over by the same judge. But without proof, Diane couldnt implicate Steve Downs any more than she could shoot him as he violated a restraining order threatening to beat her AGAIN. Im sorry but your article is tosh. I know that most people think she is guilty. That testimony was left unchallenged by Mr. Jagger. They should have taken the time necessary to find enough evidence. https://www.youtube.com/watch?v=ZPLkIcSzftE&ab_channel=DianeDownsArchives. Dianes dad died a year or two ago. She waseighteen and soon realized that she had jumped from the fire into the frying pan. It seems that the Downs were totally ignored. High profile cases usually do not get the same treatment as regular folks. It was the story of Diane Downs. Whatever mental illness she has, has gotten worse with each hearing. Thank you for presenting a side of the story & case apart from the usual narrative. 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. I agree that the verdict may have been very different. DA Pat Horton declared early in the game to the local paper that the search for the bearded stranger was not very high on their priority list.. Mainly because the courts have to give every chance possible and all the services necessary to the bio family to try to preserve the relationship. For all my life I have thought I was not that smart, but now I can tell myself, hey cheer up could be worse. From the time Diane was a teenager, when a physician ordered visterol in an emergency room situation, it has been documented again and again that sedatives ingested while Diane is in pain, provoke a chemically induced hysteria in her. If they could not find the gun or any trace of a shooting on Diane, and you think shes guilty, it would mean she had an accomplice. As for where he is now, we'll be honest, we're not completely sure. This is what I try to do when I research a case that was deemed to be a slam dunk. It could be argued that he developed a relationship with the children and genuinely wanted them to join his family. What I explain in the blog is that the fact that Foote is the one who removed the children from Dianes care is exactly why he should NOT have been presiding over her murder trial. This whole tale is just unbelievable. This was very stressful. 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. It was omnipresent in the courtroom as well as the Duran Duran song Hungry like the Wolf that supposedly was playing when the children were shot in the car. Diane may very well be guilty, but YIKES this investigation and trial seemed so butchered and tilted in the prosecutions favour. Oh my. I think that Van Houten was recommended for parole by a system that assessed that after 40 years, she was not a threat to society and a reformed woman. I am a strong believer that pregnancy can do serious harm to some women. That wasn't all that stood in their way, as Diane eventually ran away from home. Now in hindsight, seeing footage on youtube, especially the interview she did with the reporter Anne Jagger, the things she says and facial expression is exactly described in the bookhad to find the section in the book, but on that note, Anne rule did site that interview correctly. Mr. Downs must have had a bad feeling about Jagger because before trial, he tried to retain defense attorney Melvin Belli who had the reputation of fighting for his clients and to win all his cases. , The lovely Farrah Fawcett who played in the movie, Anne Rule might have inflamed the case with her book, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), The Diane Downs Case Was no Small Sacrifice. ..it is quite possible if she was tried in todays world, with the evidence they hadquite possible it would of went differently we been living in a society that pretty much demand 100% pure forensic evidence proven. How ironic. In fact, I am surprised that people are not flabbergasted by the way this case was handled and tried and that what bothers them most is that I try to discuss it in a blog and dare defending this woman. The problem was, Diane has a long-documented history of adversely reacting to tranquilizing drugs. The definition of deviant sociopath does not even exist in the DSM-HI, which is the official psychiatric diagnostic manual. The character of the accused is not the main ingredient, especially that in this case, there was a lot of bashing going on in the media and in court. But I am more than willing to review any new info. Her parents Willadene and Wes were old school Baptist parents who raised her under strict guidelines without much warmth but complete devotion. time it was the situation was down. Mind: Wrongful convicted. Then feel free to correct the facts and to provide evidence to support them. Once again, Diane said a lot of things. Tracy, I never said she was in the car. please express them and I will print them. This blog is riddled with inconsistencies, suppositions and a lack of the most basic referencing (e.g. 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.. The media keeps talking about several escapes, but there was only one. Yet that didnt stop Knick from asking Mr. Frederickson for a job and for Dianes hand in marriage (Appendix 81, page Case History Page 25). Diane recanted the stories about her dad who vehemently denied them. A slightly humorous observation is that you said, and others have, that James Haynes physically resembled the sketch.. 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. Instead, it is Diane who fought to keep her children. We, who watched her parole hearing a few years ago prayed HARD that she wouldnt be set free, know she is guilty. She is a monster and belongs in prison for the rest of her life. Yes, isnt it shocking that some people would voice that a faulty investigation does not matter? All the reports and even the warden thought she was not a threat anymore. Hysteria. She did not have the opportunity to clean her hands with the right product to erase all traces and she was tested pretty fast, contrary to many other cases. 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. If there is one thing Diane knew about her lover, is that he was fickle and did not like trouble of any kind. If the media was anything at the time it was favorable towards her. The very suspicious aspect of this ballistic saga is that Hugi said they had the bill of sale and serial number for the first Ruger and it was definitely the murder weapon. A number of them were clearly . Two jurors had voted that Diane was not guilty of attempted murder or first-degree assault, but endedup voting to convict her of murder. I worked for county government child welfare for a decade. You do not debate the content of the blog which you probably did not read anyway. 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. Probably a 911 button. After giving birth to . Is there any update? Ask them what they did to a good man. On May 30, 1983, the McKenzie-Willamette Hospital Chaplain told Dianes father to hire an attorney because the State was going to take his grandchildren away. What this is evidence of is one more piece of the overwhelming amount of bias that was involved from the start of the case. 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. 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. It was writtenrepeatedly in the daily notes that the children were happy to see their mom and asked for her. 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. 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. Even Ann Rule in her book, keeps mentioning that they only had a few months to get Christie to talk, otherwise they could not keep her away from her mother any longer. No other shooter involved in her case. So appropriate! After six weeks in Oregon where the children were happily spending time with their grandparents while Diane worked her postal route, the incident happened on a dark road that led to Diane being accused of murder and attempted murder. Id have more influence arguing for better relationships with Mexico at a Donald Trump rally in Mexico. Ms. Downs makes every effort to avoid emotional stimuli in order to reduce the demands made on her. If the answer is, revenge, then it has been achieved. If she did have memories of the actual shooting, that would be very rare. Hi Nanette, it is not a matter of being gullible. That is pure bullshit. The flesh and muscle had been cored three days earlier, but the steel plate and bone graft could not be effected for two weeks (a precaution against infection). You hit the nail on the head by stating that in the US especially, they seem to shun complex ethical problems preferring to deal with absolute evil in order to exert absolute power to crush it. It has become entertainment and there can only be good, bad and evil. Why on earth would anyone recommend leaving the kids with the grandparents? Downs is a worthless as the day is long.. Maybe you should read the blog before commenting. If Diane was bipolar, the non-stop chatter would have been inherent to the situation. The american system often reminds me of what Charles Dickens talked about in his novels. Seriously. This case had many similarities to the Alice Crimminsstory. It wasnt their fault, it was the job of the social workers and the courts to make sure the kids were not isolated from family. But why was the judge in family court hopping over to criminal court? Rule even talked about writing a book about her but it never materialized. Their marriage was described as tumultuous, with Downs allegedly disappearing for long periods of time with her children. And they kept at her and made suggestions when she would not implicate her mom. HUGE conflict of interest. She has been denied parole 2x and is up again in 2020. But the Parole Board refused to hear her. Dianes family could give you countless examples of the inaccuracies they found in her book. I am sorry but I got to laugh a little. I care about the experts reports written about Diane because they know her situation and mental state. I personally disagree with that practice but it is common. It wasnt simply her demeanor that got her convicted. The case was so one sided that it is about time some of us bring up the other side. She entertained the idea of opening a surrogacy agency but the project never really took off. I wish she could get a new look. I watched the paroles hearing in 08, was lucky to find it, it was streamed live at the timemy sister, who is a whiz with computers, found it for me. I will take a screen shot of the sketch. One should also wonder why their biological father who was so eager to bash his ex on the stand was not given custody, and did not stay in contact with his two remaining children. Makes major decisions easier because only one parent is legally responsible. Maybe because of her notoriety and the victims were children. Therefore, those jagged bones were floating in a cloth wrap, merely resting in a cloth sling. Guilt or innocence no longer need to be debated in this case. They should have left her alone. Movie scene alleging that Christie was scared. http://www.glamour.com/story/i-found-out-my-mother-was-a-killer-the-rebecca-babcock-story. Brewer changed his mind. 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. You do not refute any of the points I made in the blogs. The time was spent waiting for the clock to tick down the final seconds for all appeals to the parental termination to be allowed. The jurors had doubts. It sounds like Diane was trying to tell her to stay away from bad influences. I think that you are right about certain things not being ignored. You can check this link and go online to see her picture with Cheryl and the rest of the family. But the birth of little Danny did not make this bad boy change his stripes; he remained a cad and a destabilizing force in their lives. Mr. What followed was a tragedy subject to many interpretations. I am a Mortuary science student, true crime fanatic, and have been following the Downs case since it happened. From the very beginning, the DAs office had their ducks in a row because in an unprecedented move, Judge Gregory Foote who had denied access to the children by all blood relatives and given their care over to the State, was promoted from juvenile to senior judge to preside over the trial of Diane Downs. The circumstances surrounding the case were not enough to prove guilt beyond a reasonable doubt. During the process of the termination (which can take the whole 2 years in question, with appeals) the court is mandated to find family to take the children. They are set in stone and people refuse to see it any other way. There are documented cases of suicides where the person has no GNR, as well as murder cases. Foote refused 30 to 50 reports by detectives of sightings or leads about the shooter but admitted reports from people in Arizona willing to badmouth Diane. She then went through the State (Circuit) Court habeas corpus relief for four years to no avail. Knick never signed the premarital agreement and Diane never married him. The lovely Farrah Fawcett who played in the movie Small Sacrifices was known for her epic battles with lover Ryan ONeil. Christie became the star witness against her mother and who could resist such a touching testimony? 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. The following article hopes to help you make more suitable choices and get more useful information 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. Every time, she said she did not know, they told her to think again and made suggestions. That disinformation was alleged by Mr. Hugi the third day into Jim Jaggers defense and it was never objected to by Mr. Jagger . But it is not hard to see that the way this tape and her confession were obtained was not legitimate. 1) Gunshot residue/blood splatter. Its a fact. Yeah, Ive noticed a lot of people thing Jim Jagger is Fred Hugi. Q. If you listen to the recording, Christie clearly says I dont know who did it. She was asleep, thats why. 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. He freely admitted HE decided to ask for a divorce on his birthday without consulting Diane, who was out of town I appreciate the way you dont try to determine guilt or innocence in your blogs but instead focus on due process and the right of all to a fair trial. Did u learn nothing?? What about the judge stopping a defendant from getting a new attorney? They sure forgot to tell us about her pulse racing during these sessions. You left and you and Diane Downs spent an evening at a motel? Shes where she belongs. But people never want to touch the high profile cases where the defendant is not likable. I lived through the media coverage. Im sure nothing I write will change that. But the guy who said to several people that he was the shooter happens to resemble the sketch they came up with at the time for a reason. And if she did it, she has served her time without displaying any violent tendencies whatsoever. Our laws are not written that way. Im not arguing the facts of the trial, and Im not about to. This really makes me angry, that prosecuter and judge should be sued along with the writter. Thank you Lise. I never read the Ann Rule book, but saw Small Sacrifices as a kid and have had an interest in this case ever since. ), Interesting suggestion. Speculative. I try to bring out the details that were ignored because Down was so unpopular. Her family supported her. I encourage you to read all the facts before being so sure that she was guilty or that she acted alone. You do not have to agree with my general opinion outside of the facts of the case, but I would appreciate some comments on what matters; how this case was handled at trial and during the investigation. It was very unfair to raise them away from their grandparents and other blood relatives. The fact that they used her daughter and lied about the gun they could never find makes it a wrongful conviction. From what Ive read, she gets a parole hearing every decade and the next time in 2030 she will be 75. 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. You mention that her attorney should have raised objections. So Diane did what she thought would bring her the deepest satisfaction in life; she became a mother. But showing no remorse is part of claiming her innocence and part of the vicious circle of parole hearings. Apparently drug mafia wanted to punish her for messing her nose in forbidden places, not because she was getting any real business in that but simply because she had one of the poorest judgements a person can have. That makes no sense. 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. Usually it isnt there but every once in awhile, it comes out. Diane and her family fought for them but were blocked from day one. 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. 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