Anne Rule made a big deal of a brass unicorn engraved with the childrens names that Diane had purchased. 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. Three weeks after the crime, Judge Foote from family courts, removed Danny and Christie from the care of Diane Downs and her family. They should have looked for a possible accomplice and checked all the leads. A slightly humorous observation is that you said, and others have, that James Haynes physically resembled the sketch.. A new trial would be out of the question, so to me, parole would be the solution. They should have taken their timeto investigatethis case thoroughly and without prejudice. Thats the point. I am a firm believer of where there is smoke there is fire. Also Im curious as to how you feel her repeated escape attempts should affect her deserving to be on parole. 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. While Rules book is biased, it was a look into the view of those who wanted justice for those children, wether you agree w/ their conclusion or not, that was their goal. danny also said a cartoon character shot themalso he was SHOT IN THE BACK how could he see the shooter????????? Her 7-year old daughter Cheryl died but her 3-year old son Danny and her 8-year old daughter Christie survived. Insulting a woman in prison since 30 years instead of debating the inconsistencies of this case is pretty pathetic. According to Rule and the court, the unicorn was a memorial to her children that she purchased after premeditating their murder. That is the reason effective trial counsel challenges the competency of a nine-year-old child to testify in a court of law. One of them named Angel, called 15-year-old Christie on the phone. 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. 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. Something that would never stand in court now. 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 prescribed normal dosage for a full grown man is 30 milligrams per day. So obviously, she was the prime suspect. Dianes brother, James, sat in court one day andnoticed Foote looking at Hugi before ruling on an objection. BUT like you rightly explain, there was no real evidence of her guilt. The detectives took Diane to the crime scene and were able to retrieve shell cases on the ground where the incident happened. I do have to take issue with this article about Diane Downs. They did not want reunification to keep their verdict intact. Diane found with him,the kind of relationship she had never known before: there was actually care and intimacy involved. Their haste to go to trial created this mess and lingering doubts. This is not the reason she is still locked up. 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. 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. Fair question. So it looks and sounds like she is getting special treatment because of her notoriety. There is only one major problem with your scenario. What was the justification? From what Ive read, she gets a parole hearing every decade and the next time in 2030 she will be 75. To listen to Christies taped conversation, click below. I do not discuss her guilt or innocence because this is not what the blog is about, but I personally hope she is released one day. answer the question why didn't steve downs get custody, which will help you get the most accurate answer. this is your 2nd quote which contradicts the first one .. Lets not forget that she was presumed to have fired a gun 6 times at close range within the confines of a small car. Very little is definitively known in this area. 4. You are not the only one who thinks she is guilty and I know that getting their man at all cost is a popular mantra, but I disagree. In 1979, headstrong Diane gave birth to Danny who was not Stevens biological son because he had no desire to be a father again. Their theory was very shaky. 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. Rule sued the Seattle Weekly after they published the article titled Ann Rules Sloppy Storytelling, but she lost and had to make restitution. The harm done to families by unscrupulous district attorneys who bully children into falsely testifying against their parents has been recorded in a documentary called Witch Hunt by Sean Penn about Kern County (CA) District Attorney Ed Jagels. I have researched the case and pointed out discrepancies and the fact that it was not the slam dunk that they were portraying. Her husband James Krauseneck was charged with her murder in November of this year. And their plan worked. Maybe she wanted to buy drugs. If you shoot at least 6 inches from a victim, you see what is around you in the car. In 1999, a Board Certified Psychiatrist practicing in Oakland, California wrote a letter to the parole board on behalf of Diane Downs to explain how things had changed since 1984 when she was diagnosed with a severe personality disorder. He did not consider her a risk factor at all and believed she would do well if released into society, because she had no prior history of violence and never had a problem with violence or bad behavior while incarcerated. Growing up, Diane had felt like an outsider and kids had been cruel towards her because of her real or imagined ugly duckling looks and demeanor. 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. Do you remember probably about four or five days after John Kitzhaber, Governor of Oregon 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. They hardly investigated any other lead after a couple of weeks. This blog is riddled with inconsistencies, suppositions and a lack of the most basic referencing (e.g. Hugi did not want that. The judge who took away her children presided over her criminal trial. To have separated Christie from her brother and the rest of the family to be able to get her mom was unconscionable. http://www.salem-news.com/articles/july152013/midnight-med-tb-2.php To the authorities, it was a ridiculous notion that they would not entertain so they did not follow on numerous leads coming from people who had seen someone corresponding to that description. I think you may be right that she is likely still locked up due to her diagnoses of antisocial, histrionic and narcissistic, but again, no one would care and this crappy diagnosis wouldnt have been bought and paid for if not the high profile nature of the case. Instead, it is Diane who fought to keep her children. I personally disagree with that practice but it is common. 6. Children imitate their parents every move. So it would be logical to conclude that it would have left residues if anyone had shot at least 6 times. A prosecutor inventing a new psychiatric category in court and labeling the accused is kind of unsettling. (LOL!! The poor jury went along and Jagger did not put much ofa defense anyway. Imagine knowing that your adoptive dad was responsible for putting your natural mom in the slammer? Diane had met all the requirements to be paroled. View theaffidavits. Christie was only eight, had suffered gunshot wounds and was in shock. Modernism mixed with Medieval state of mind. Considering that the daughter she murdered will never get a second chance, it will never be long enough unless its for her entire life. She is still in prison. I am glad that some articles remain. Whenever your shoot a gun that many times and that close to the victims, theres going to be blood and powder residues. The case is old and the blog dated, but it is never too late to respond. She followed all the correct Parole Boardprocedures for two years with no hearing. If she did have memories of the actual shooting, that would be very rare. In a perfect world this would always be the case. On the single count of murder, the jurors needed a unanimous decision. Surely before Diane downs, there were other mothers who killed their kids..or allegedly did, however in 83 and 84 it made national news, nothing quite like it had come across the media world, which during that decade was really skyrocketing in sensationalismI believe is where it started, becoming less news and more entertainment. 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. Ms. Downs makes every effort to avoid emotional stimuli in order to reduce the demands made on her. It is beyond belief that the State of Oregon allowed the prosecutor to adopt those children. The kind of TV series that they produce on high profile crimes will make sure to turn public opinion. I will not remove anything. This is an extremely tragic case and her children at the very least deserve justice. It seems that the Downs were totally ignored. Those cases shouldnt have been in the same court let alone presided over by the same judge. 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. Thats the problem with high profile cases. The goal is always to keep family ties intact. Another conflict of interest. Im sure nothing I write will change that. And the state refusing to turn them over to the defense? The police admitting on the stand that after 2 weeks, they stopped looking at suspects appears to be a fact. 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. While I appreciate your empathy for the victims of this crime, I have to wonder if all murderers should be locked up their entire life? Of course I saw movie first, then read the bookI wanted more, sadly early Internet days, there wasnt much out there, as far as info or video, picturesnothing really. I am just curious. Oh 1 more thing I see a lot of comments on pro Diane web sights that say well she drove them to the hospital. 3. I will post it when I get it. The unicorn, the song, her personality. 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 asked her brother James an answer to your question. At the time, among 49 prisoners denied parole, the board had given only four inmates, including Downs, a 10-year wait. Her trial was speculative and based on so many fallacies. But showing no remorse is part of claiming her innocence and part of the vicious circle of parole hearings. It sounds like Diane was trying to tell her to stay away from bad influences. Many troubling elements of the case were discovered after the trial, but there was enough during the proceedings to be asking questions. Nowadays, this insanity would never be tolerated. The case NEVER made sense to me. I hope they have. I have no dog in this race. Clickhere to read about faulty ballistics.. If there is a fair trial and sentencing, I usually dont write about a case, but high profile cases tend to need more scrutiny because emotions run high. Or be mentally ill. It was faulty. I agree in both cases they were high profile cases. did he have eyes in the back of his head.???? Yes, shes as guilty as Simpson. Danny was the product of an affair. After all, Cheryl Downs is basically serving a life sentence with no possibility of parole for her mothers crime. I do not have to state anything at the beginning of the blog. What they did to her daughter is unconscionable. Any thoughts on how the detectives basically made up their mind right away in spite of numerous tips coming in? But there was a lot left unsaid about this relationship. In her case it seems to be more a matter of punishment. How ironic. I know several people who know or knew both of the surviving children as well as Diane. Diane found a full-time job with the U.S. Post Office in 1981, and was stationed in Chandler. 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. Considering the circumstances, it is difficult not to be a bit cynical about this grand gesture. A group of ladies formed a group called HELDD which stands for Help Exonerate & Liberate Diane Downs. Is it too late to respond to this? Mission accomplished. why didn't steve downs get custody. She threw her keys yet was able to take off right away?? I almost felt bad for her.that being she seemed so lost in her lies..she just hangs in limbo now. 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. 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. The two mental disorders that cause excessive talking are Bipolar Disorder and Schizophrenia. So I start with that bit of history in mind. Guilty or not, the case was handled with prejudice and many errors occurred. Re Diane Downs I invite reading Synopsis quite similar to above: OREGONs Juridical Small Sacrifices He could then have initiated the licensing process to foster and then adopt the children. It was not unlike brainwashing. The timing of her arrival at the hospital should have been discussed and explained in more details. Fred Hugi was pretty upset when Ann Rule went Hollywood with his case. I personally dont think she is innocent but that isnt the point. How do you expect the daughter to have any fair understanding of the situation or any decent contact with Dianes family when the people who have been calling her mother a murderer and a monster are dragging her in the media spotlight in the hope of writing another book or getting a new scoop, but all one sided. Wasnt he the stranger? Dianes dad died a year or two ago. 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 never a slam dunk. Mind you, it is before the trial. Master Chief actor Pablo Schreiber has said he won't do an impression on the Halo TV show, suggesting he won't try to . No other shooter involved in her case. Basically then at that In the moment of who shot youmy momhave a hard time believing that could be coached. Do you remember a couple of days after that, December There is a court sketch artists rendering of him in this video. 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 jurors had doubts. Either way, it appears to be a conflict of interest. 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 took a lot of time to research this case and present the other side of the coin. The notes taken daily by the nurses became a point of contention at trial. This is also a faster route to give the children permanency, and is far cheaper for the child welfare system that is always strained by the budget. Nobody ignored Dianes demeanor. Likewise, Charlene had no intention of letting Knick divorce her (Appendix 81, page 1518, line 15). It was omnipresent in the courtroom as well as the Duran Duran song, The judge instructed them to continue on to force a verdict. Diane and her family fought for them but were blocked from day one. They sure forgot to tell us about her pulse racing during these sessions. Diane may very well be guilty, but YIKES this investigation and trial seemed so butchered and tilted in the prosecutions favour. No one bothered with these details so I did. They checked her nails to see if she could have buried the gun and they were clean. So there was a transfer, but nothing else was found. How one of them lied on the stand about ballistics? I felt there was something that should be done, but I was at a loss in how to cope with the Court that had given the children to the prosecutor and allowed false testimony to seal her fate. By the way, that interview with Christie by a biased advocate named Angel borders on abusive. The powers that be knew they had nothing on Diane so Christie became their sacrificial lamb. 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. 2 years in foster care waiting to be legally free for adoption is not that uncommon even today. She did diagnose her as suffering from cyclothymic disorder and treated her accordingly. Like I said, the 2 years make it a bit more of a gray area. If you read the blog, you will see many examples of media hype and character assassination. He hired Jim Jagger on the 1st of June 1983, 11 days after the shooting. 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. http://www.glamour.com/story/i-found-out-my-mother-was-a-killer-the-rebecca-babcock-story. The Lifetime channel constantly makes movies based loosely on the truth; this approach is an effective weapon aimed at swaying public opinion about high-profile cases. I think DD is guilty, but I also think her trial was far from due process, and that is the important issue. Do you remember it would have been around say November 19th of 82 that you would have left Charlene at one time? The car was splattered with blood, but Diane had none on her. Yet, that is exactly what the videotape showsDiane laughing hysterically about hurting her arm. Of course. Phenobarbital was administered alongside the Dilantin. She was found guilty. They were tons of witnesses that saw him at work. But I know that there were major problems with this case. What is known for a fact, is, Prosecutor Fred Hugi took physical custody of Christie and Danny shortly after Christies confessions to her school mates, and he officially adopted them in the summer of 1986. They checked her shoes and they were clean. The GSR? The children should have been receiving therapy throughout. Moms were working more, we were becoming the latch key generation, as in we let ourselves in alone while still in elementary school.when I mentioned before about maturity of a 8, 9, 10 year oldwe loved playing outside on bikes, and playing with our dolls, boys usually had their action figures..lol.and we loved our moms, even if they were young and liked to go out and sent us to babysitters..the book and movie, Im quite sure, over did the situation..and Im sure there was more on both sides, the family of diane, diane herself, but well never know all the details. 4.Diane was NOT arrested for almost a year after the shootings the d.a. Downs was constantly provoked by inmates because of the nature of her situation, and she never once attacked or defended herself in a violent manner. Dianes father tried to hire Melvin Belli, but the judge refused to give him some time to prepare and come back to the US. He freely admitted HE decided to ask for a divorce on his birthday without consulting Diane, who was out of town I have no idea whether or not she was guilty of the crime. I found nothing. Is there any update? She was expelled and reunited with him against her parents wishes. 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. Her other daughter and son were severely injured. They were in a group home and he was getting unsupervised visitation with them. Lets not forget that she was presumed to have fired a gun 6 times at close range within the confines of a small car. They brought cakes and cookies and became friends so they were not going to fight over this. Guilt or innocence no longer need to be debated in this case. No. Most importantly why would anybody shoot 3 children potentially fatally and leave the adult with a wound in her arm. why didn't steve downs get custody. Brewer freely declared that Diane Downs would never have been convicted except that he believed the lie Jim Jagger permitted Fred Hugi to enter into the record. Why? 3) You have a photo of Diane before the parole board. Maybe because of her notoriety and the victims were children. An earlier commenter wrote that it doesnt matter that the trail or the investigation was faultyWHAT !? (that one is more of a question). It's February 28, 2023, and Luke Schenn was just traded to the . I cant believe that it was allowed to happen, actually. Comments about the title of the website, the blogger, the bias, details like the word bipolar and when it was used when cyclothymic disorder was diagnosed by the person who treated the subject and there is an affidavit posted. Movie scene alleging that Christie was scared. Flash-forward to the present day. He gave temporary custody to Dr. Wilhite. Agreed. Go to the hate groups for that. 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. 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. Diane had consulted a psychologist after the tragedy and after months of consultation, she was never diagnosed as a sociopath. Nothing came from Diane herself. My question is: why is she still locked up? Thanks again for bringing this to my attention. She waseighteen and soon realized that she had jumped from the fire into the frying pan. They said she was going slow but the time at which she arrived seems to indicate otherwise. Only after these avenues are exhausted should non-relative placement be looked at. They went after Diane at trial for tapping her foot when they played Hungry like the wolf. Her persona allowed them to build this ironclad narrative when in fact, it was far from definite. The kids were shorted-changed. Knick had NOT signed the premarital agreement, but that didnt stay his pursuit of Diane, knowing she was moving 1200 miles away. In addition, the children were suffering life-changing physical and mental trauma, which would take years to heal. And Steven would hunt her down anyway and charm his way back into her life. Blood spatter is not an exact science, and is interpreted differently by experts. But strangely, they took no photos of the crime scene and did not lift fingerprints from the drivers side of the car. Notify me of follow-up comments by email. 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. 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. Almost from day one, Diane was perceived as a cancer they had to remove. The fact that Dianes injury was way more serious than they tried to pretend? 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. Put much ofa defense anyway to build this ironclad narrative when in,... Andnoticed Foote looking at Hugi before ruling on an objection that be knew they to... Logical to conclude that it was not the reason she is innocent but that isnt the point stay his of... Him in this case being she seemed so butchered and tilted in the moment of who shot youmy momhave hard! From what Ive read, she was expelled and reunited with him against her parents wishes her suffering. A victim, you see what is around you in the slammer i start with that practice but it common! 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