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. I state that it is not my place to judge innocence or guilt. It wasnt simply her demeanor that got her convicted. But I know that there were major problems with this case. I almost felt bad for her.that being she seemed so lost in her lies..she just hangs in limbo now. However, Elizabeth was expelled from the religious institution as she didn't conform to the school's strong religious values. They said she was going slow but the time at which she arrived seems to indicate otherwise. http://sputniknews.com/us/20150620/1023613662.html#ixzz3djEXlSAC // The Prison State of America Dec 28, 2014 Chris Hedges, http://www.truthdig.com/report/item/the_prison_state_of_america_20141228 Shes where she belongs. The details about the gun missing, the daughters testimony and the fact that she had no blood or gun residues are facts. There were a few calls and on one occasion,Christie said They just, they knew that, you know, that she did it and I should say that she did it. When asked if she thought her mother did it or someone else did it, she replied, I dont know if she did it or someone else did, cause I dont know. Then Angel says: They told you that was the right thing to do, huh? Christie responds, But like the person, my attorney, and thats who Fred is, that Im living with, hes the guy, he works for me.. When they assess the conduct of an inmate, what counts is mostly how she behaves inside through the years and if she shows violent tendencies. Her character was also too much on the forefront. And because of this, they formed a profound connection that matured into a relationship. Danny was the product of an affair. I read the letter they sent to the Downs when they were fighting to see their grandchildren. Considering that the daughter she murdered will never get a second chance, it will never be long enough unless its for her entire life. It does not get any bigger than this. Despite all of this: that the attorney became a Foster Carer irrelevant, inflammatory, subjective and bears no reflection on the trial, or indeed the trial outcome. 3. They hardly investigated any other lead after a couple of weeks. Her 7-year old daughter Cheryl died but her 3-year old son Danny and her 8-year old daughter Christie survived. Thanks again. In fact, if someone was Hungry like the Wolf in this courtroom, it was a certain crime author who could already smell and taste the fortune coming her way after the publication of this juicy story. Why am I not arguing the facts of the trial? A history of use of drugs, alcohol or even cigarettes can all be deemed as counts against a parent in court. answer the question why didn't steve downs get custody, which will help you get the most accurate answer. Why on earth would anyone recommend leaving the kids with the grandparents? They were traumatized and needed familiar faces to feel safe. Either way, it appears to be a conflict of interest. I try to bring out the details that were ignored because Down was so unpopular: this blog is clearly one sided. 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. It can safely be presumed, other children told their parents, and that some of those parents reported the disturbing revelation to states Attorney, Prosecutor Fred Hugi. If the police department had done their job properly, I would not have written this blog, no matter the outcome. People may receive compensation for some links to products and services on this website. I just tried to find a video or article about Hugi and I only get the one or two that I already have. I lived through the media coverage. Substituting reasonable inference and evidence for tarot cards? Then, 10 days after Diane was sentenced to life in prison plus 50 years, she gave birth to a daughter she named Amy Elizabeth. She was in solitary confinement for years and even escaped from prison once but was recaptured. How one of them lied on the stand about ballistics? She had no blood spatter or gun powder residue on her hands,clothing or hair. They should have left her alone. She functions best in highly structured environments where she has a sense of control. The person leaned into the car. The former Dallas Cowboys cheerleader sparked a romantic relationship with Howey and shortly after her career took off with a little help from the Something Borrowed actor's father, who was an. If the goal was to get rid of them, why didnt she emulate her lesser half in this matter? Basically then at that had to wait for Christie to be able to tell them who did it. but later you claim Diane was inside the car and shot the kids in the car and that that BECAUSE she was inside the car she should have had blood splatter on herso WHICH IS IT, I dont know which it is Libby. The blog I read is all about the improprieties and flat out misconduct in Dianes trial (and the way Ann Rule profited off of it with fiction). Imagine knowing that your adoptive dad was responsible for putting your natural mom in the slammer? Blood spatter is not an exact science, and is interpreted differently by experts. She had been isolated from her whole family and being unethically interrogated. What got her convicted was two things the towel and Christie. Again I go back to how times were back then. A reader told me that I should have a website with all the comments. Then they just got shut out. Doesnt change the fact that it was still a conflict of interest. please express them and I will print them. As you said, the system has to work for everyone and you cant change the rules because a case is high profile without muddying the waters. TIL On May 19, 1983, Diane Downs shot her three children and drove them at 5-7 mph to the hospital. Actor Robert Blake was found not guilty of the shooting murder of his wife. (Yes in the 1980s a ten yr like myself was not as mature as say todays 10 yr olds. I try to bring out the details that were ignored because Down was so unpopular. Diane may very well be guilty, but YIKES this investigation and trial seemed so butchered and tilted in the prosecutions favour. Her case was too public and they are afraid of public backlash. I remember when it was in the news. (that one is more of a question). She found out who her biological mother was when she was 11 years old, ABC reported. The two older kids were Diane's with ex-husband Steve, however, Danny wasn't Steve's. Police witness reports of strangers and confessions were suppressed or not pursued. The ballistics, gun, speed at which she drove the car, her demeanor, etc. Jesus Ortiz Paz's parents, net worth, wife, and daughter. 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. And Ann Rule said that the unicorn that was omnipresent in court was part of the premeditation. On a side note, what do you think of parole of Leslie Van Houton? 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 incident left Cheryl dead, Danny paralyzed from the waist down, and Christie suffering from a stroke that affected her speech. I do not believe that this type of abuse would occur today. The board said that her mental or emotional disorder makes her a danger to society. Re Diane Downs I invite reading Synopsis quite similar to above: OREGONs Juridical Small Sacrifices 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. She would have been released under strict conditions with the support of her family and under the care of a mental health specialist. That she had no blood or gun powder anywhere when she allegedly shot at close range? I am quite bothered by what happened in that courtroom and in the media. Everything matters in a trial and investigation. Yes, like many Americans, I think that the US system is barbaric. To this day, his record is mixed; his law license was suspended for6 monthsin 2011, and there was also talk of a suspension in 2015. Diane recanted the stories about her dad who vehemently denied them. They lied about the ballistics. No one bothered with these details so I did. You seem to believe everyone is innocent. That is the reason effective trial counsel challenges the competency of a nine-year-old child to testify in a court of law. Accused of her side of the story what the state says how would it be possible for her to do what they presumed. Lack of blood spatter is not evidence of innocence Especially when a shooter is leaning in and shooting into a box (car) while standing outside. It was very unfair to raise them away from their grandparents and other blood relatives. It was pitch black outside. She also underwent a gun residue test that same evening that revealed no trace of gun powder on her hands. I ndicted money launderer and noted coup enthusiast Steve Bannon has refused to sit for a deposition in front of the January 6 Select Committee. Of course, her mental health has deteriorated. Gunpowder is one of the toughest stains around, when it comes to removing it from clothes. Something that would never stand in court now. The discovery that he wasnt his biological child made him leave the relationship. He was very irresponsible and probably could not handle them financially and emotionally. I wanted to ask you something on this case. Since he was in possession of a similar gun, he was a suspect as well, but, when the ballistics did not match, Diane Downs quickly became the prime suspect. Your prayers were answered. Here are the pros and cons of sole legal custody. 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. The blog tries to bring balance and more objectivity to a case that was TOTALLY one sided and still is. I write about cases where due process is in question and important aspects were ignored or twisted. I am so tired of the victims being forgotten. As she is incarcerated, her fate is already sealed, servicing her life sentence in prison. A. I dont recall telling her to get an apartment. As a suggestion, I would love to see a like or dislike button for each comment. Being bipolar, she had no impulse control so it should not have surprised anyone. I guess he did not want too many people to know about the improprieties that happened in his courtroom. Thats food for thought. We, who watched her parole hearing a few years ago prayed HARD that she wouldnt be set free, know she is guilty. I always welcome new information, evidence and opinions if they have a strong base and are not mean spirited, but I dont get the relevance of this comment to the case itself. After asking her to have an affair, he kept vacillating between his wife and her. One of the jurors finally declared. Or why the fact that he was a con artist made him such a credible guy in this case. Same with her brother. Christie was understandably all over the place and I agree that the way in which her statements were procured were very odd and seemed to be very coached. 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. In Oregon, in 1983, she shot her 3 children, 1 daughter died. In her case it seems to be more a matter of punishment. They did not want reunification to keep their verdict intact. 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 their plan worked. An attractive woman whose two children were killed in mysterious circumstances and the cops decided to go after her. Why does the blogger not clarify this? You mention that her attorney should have raised objections. There are some stories that stick with you for a long time. This is to avoid the conflict of interest that we read about above. The Halo TV show stars Orange is the New Black's Pablo Schreiber as Master Chief, with Californication's Natascha McElhone as Dr. Halsey. We could say that it was suggestive on his part, but considering how this trial was conducted, I tend to believe it happened. It would be about November 20th that you would have gone back with Charlene, what, the next day? Just goes to show how difficult it is sometimes to find the truth. Fred Hugi was pretty upset when Ann Rule went Hollywood with his case. You have a photo of Diane before the parole board. I followed the trial. This is especially if it comes with a history of erratic behavior following the use of these substances. According to TMZ, in 2017, Hudson and her former partner David Otunga "reached a temporary custody agreement which gives him custody" of their son. But, their marriage was far from what either of them had expected. 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. This was ridiculed countless times in the media, but frankly, it can be a very honorable endeavor, depending onhow you want to look at it. But if the blogger is arguing that the blog is balanced and objective, thats patently untrue. It could have been very different at almost any other time or with any other attorneys or juries too. . Great question. After all, many cases of domestic abuse and even neglect do stem from alcoholism or drug abuse. By the time Danny was born, they were having intense arguments about infidelity that Steve got convinced that he wasnt his biological son. It is also very is to clean. Is it too late to respond to this? Oh 1 more thing I see a lot of comments on pro Diane web sights that say well she drove them to the hospital. Further: Wonder about Justice in Nation with world wide highest prisoner rate. So how she behaved at the time, should not have been a factor influencing the authorities. That doesnt make it true. I also grew up in as time of the most infamous case in Australias judicial history: Lindy Chamberlain and the dingo stole my baby. Common sense will tell this Court, when Diane accidently slammed her mangled arm into the steering wheel of Detective Tracys car, it was ANYTHING but a laughing matter. If personal diaries were to be believed, half of the population would be in great jeopardy. They finally charged her and she did 10 years for the death of her children. Washing soda is your best bet: It includes, among its ingredients, the exceedingly corrosive carbolic acid. That is the way she was brought up,especially at the demand of her rigid but verydedicated father. I still remember my mother picking up the paper and seeing the headline. Her husband turned out to be a player and a very irresponsible guy who did not really love her. 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. Read More: Where Is Robert Knickerbocker Now? It appeared rigged: Rigged? In my blog, I was referring to the case of Liysa Northon whose suit was dismissed, but when Ann Rule tried to sue the Seattle Magazine, its editor and Northons husband for their article on her shoddy work, she lost and had to pay restitution. She has been denied parole 2x and is up again in 2020. The whole family were co-conspirators and involved in the crime? Click to listen to podcast explaining the gun test, Dianes mental condition and the lack of forensic evidence. It had nothing to do with the evidence of the case and represents useless labeling anyway. This is what I try to do when I research a case that was deemed to be a slam dunk. 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. Conflicting reports say Downs also acted as a surrogate during her fourth pregnancy, giving birth to a daughter after her trial in 1984. Is it just to continue to punish her so long after she is obviously no longer a danger in any way to anyone? She is nowhere near being paroled and if she admitted guilt, I am not even convinced they would release her. Q. If Diane was bipolar, the non-stop chatter would have been inherent to the situation. When you hear her in interviews she sounds more concerned with herself than her kids. The most exciting thing about Steve is that he never appeared in public despite the immense case against his wife. The two kids who had survived the attack were placed for adoption and Steve was no able to care for them. It has nothing to do with the facts of the case. There are many cases where investigators jump to conclusions either because in their gut they think they know or pressure to make an arrestand i guess with all the attention this case got they gave their gut and the public what they wanted. It appeared rigged and the fact that Ann Rule sat in the courtroom ready to produce a Masterpiece of Guilt could only help the prosecution. Ive been to London to Fly the Queen ~ and Back to Collect Artifacts, Haleigh Cummings Was Once Lost but Now She Is Found, Meet Rene Acoby: In-House Female Dangerous Offender, Kelli Stapleton- A Mothers Wuthering Woes. Tracy, I never said she was in the car. statement regarding the effects of the childrens medications while in hospital should acknowledge where the blogger obtained information about the side effects.). Would you seriously be confident enough to present your findings you mention in your article to Diane Downs children? She threw her keys yet was able to take off right away?? I do not have to put any statement advising people that I am about to present the neglected aspects of the trial. It should have been investigated further. There is no way that a jury would convict Diane today, based on the clearly coached testimony of Christie. 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). Diane was sentenced to life plus 50 years. They were in their care during the time Diane worked when she moved to Oregon. And if the fact that cops lied about the gun to close the deal did not bother you, it bothered me because this is not due process. He gave temporary custody to Dr. Wilhite. In hindsight Im sure the grandparents wish they had pursued visitation more aggressively. Diane now had the title of dangerous offender. 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. Up. And if he really was attached to them and wanted to offer them a permanent home, it means he was unfit to be the prosecutor in this case. You indicated you were not going to get a divorce? The american system often reminds me of what Charles Dickens talked about in his novels. 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. Plus, the circumstances of this charade were more than sinister. In my opinion, the investigation was too hasty and only focused on Diane. I care about the experts reports written about Diane because they know her situation and mental state. 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. They both would fall in love and decide they want to marry each other. I think that the US system is barbaric He could not during the marriage so he walked away. It was flawed. I will agree that it was suspicious that Diane got away with one bullet in the arm, even if the injury was severe, but she was outside the car and many scenarios are possible to that effect. But why was the judge in family court hopping over to criminal court? Ginsburg didn't think women should get to do what men did because she believed they would do the job better; she wanted equality for its own liberating sake. A new trial would be out of the question, so to me, parole would be the solution. That is not a quick process and is very invasive to a familys privacy. Blood spatter is not an exact science, and is interpreted differently by experts. did he have eyes in the back of his head.???? 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. Hugi did not want that. Here's what we know. Once again, Diane said a lot of things. Plus, Diane could have never cleaned her clothes and her hair to remove blood and gun powder. The authorities wanted to see them mourn and fall apart. And yes, its your site, but dont act like a site is open for discussion if its not. Thats the problem with high profile cases. Click to read The Case of Liysa Northon Who Said True Crime Does not Pay? According to your own experience Lori, dont they try to give grandparents custody or at least access in cases comparable to this one? Years later, seven witnesses signed affidavits telling of a man named Jim Haynes continuing confessionthat he wasthe shooter, and his appearance boresimilarities to the sketch. Christie and Danny have no contact with their father, and they have completed their education. Nearly every point you make here was addressed and disproved or not even allowed into evidence. Nuts maybe, but not threatening. When she resisted, he shot her kids and struggled with her. 5. 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.