The fact that she was driving five miles per hour to the hospital says it all as a mother myself, I dont care how hurt or mentally damaged I was, I would drive that car 100 MPH to get my children to safety. As her brother mentioned, it would not be that farfetched for his sister to stop for someone considering that she was a person who lacked impulse control and the era. If the adult can show capacity and willingness to provide care, love and nurturing to the children, then there is no legal reason to prevent them from becoming Foster Carers. Removing the children from her and presiding over her criminal trial? On the single count of murder, the jurors needed a unanimous decision. Either way, it appears to be a conflict of interest. Ive not seen the movie or read the book. That is not a quick process and is very invasive to a familys privacy. The fact that they used her daughter and lied about the gun they could never find makes it a wrongful conviction. No OTHER reason. She was still trying to extricate herself from a bad relationship with Steve Downs and was in no hurry to repeat the mistake. It gave Anne Rule carte blanche to legally use these labels in her book and it stuck. Spiritual advancement and atonement? she chose to stay with Manson and his misfits. Mr. I just read your opinion on the Pamela Smart case and the Scott Peterson case. But I am realistic. Diane and her family fought for them but were blocked from day one. Its a fact. And the flat affect and sometimes inappropriate smiling would come with the territory so you cannot judge her actions without taking into account that she might not have been acting according to the norms. Even if the nurses notes indicated countless times that the children asked for their mother and enjoyed her visits, they cut them off from the only family they knew and loved; supposedly for their own protection. 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. Not speculative? What matters to me is that her rights were trampled during her trial. Hysteria. 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 interpretation of blood splatter is different than no blood splatter. It does not contradict what I said, but what they said. I had never heard of this case and fell upon several videos that had me completely convinced DD was a narcissistic psychopath. That testimony was left unchallenged by Mr. Jagger. Considering that the marks on the lethal bullets did not fit the bullet fingerprinting found in the rifle, this gun switcheroo was a good save for the state, but did not support the theory presented at trial either. And her mental health should definitely have been a factor to release her with follow up care. 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. And they kept at her and made suggestions when she would not implicate her mom. Why doesnt the innocent project get involved with her case. Only in Hollywood and in Ann Rules books, would you find such fantasy: Relevance? . It could have been very different at almost any other time or with any other attorneys or juries too. 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. Page 26 of Case History. Substituting reasonable inference and evidence for tarot cards? There have been behaviors that in the general course of events one may expect from a single parent that in a way have been falsely interpreted as being some form of evil.. 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. Police witness reports of strangers and confessions were suppressed or not pursued. But my beef is with the interference by the media, TV shows and Ann Rule. In an earlier comment you stated that Diane had met all of the requirements for parole. I still remember my mother picking up the paper and seeing the headline. It does not get any bigger than this. 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). Actor Robert Blake was found not guilty of the shooting murder of his wife. The fact that Dianes injury was way more serious than they tried to pretend? I almost felt bad for her.that being she seemed so lost in her lies..she just hangs in limbo now. But I know that there were major problems with this case. Oh 1 more thing I see a lot of comments on pro Diane web sights that say well she drove them to the hospital. I will not remove anything. Someone can have an evil vibe and not be guilty of a crime. The fact that she and her brother Danny were eventually adopted by Fred Hugi who prosecuted Diane Downs is the most blatant case of conflict of interest I have ever heard of. You can believe what you like. I feel compelled to comment on this blog, because having recently read Ann Rules book, I feel exactly as you did. 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. Those cases shouldnt have been in the same court let alone presided over by the same judge. 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. Diane had spent three days in the hospital ingesting massive doses of Morphine, Demerol, Percodan, and visterol. You said that the absence of both prove she couldnt have been to shooter and you claim it takes real scrubbing to remove GSR. You make an interesting observation when you say: Anyways. Mr. Jagger said it wasnt t enough to know a witness had lied, but she would have to prove it. 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. This is a scenario pretty hard to believe, but as they say, reality can sometimes be stranger than fiction. Danny downs did indeed say a man shot him he also blamed a cartoon character. Steve Howey and Sarah Shahi both grew up in the Lone Star state but their romance didn't begin until they were both acting in Los Angeles. If you shoot at least 6 inches from a victim, you see what is around you in the car. Christie was born in October of 1974 and Cheryl Lynn in January of 1976. Yes Gigi, the same judge who had removed the children was also presiding over her trial. 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? They are set in stone and people refuse to see it any other way. So glad you wrote and provided this information. Our laws are not written that way. It was cited that she keeps her emotions close to the vest. 4. Nobody had any reason for a conspiracy of this magnitude over a literal nobody. Diane Downs is no exception. The role of Diane Downs was played by none other than Farrah Fawcett and her lover was played by Ryan ONeal who had been Farrahs love interest in real life. They were in a difficult situation becausewithout evidence, they could notcharge her for the crime. One of the jurors finally declared. As Ms. Patterson left the stand, Diane complained to her attorney that Ms. Patterson had lied under oath. 17:40, 1 MAR 2023. Danny said several times that a bad man shot them and it was written in the nurses notes, but never that his mother shot him. Same with her brother. She is nowhere near being paroled and if she admitted guilt, I am not even convinced they would release her. And the interrogations were not tapedand barelydocumented. Inside, outside, top to bottom. A group of ladies formed a group called HELDD which stands for Help Exonerate & Liberate Diane Downs. My question is: why is she still locked up? While these are all good questions, (and were maybe all asked in the jury room during deliberations) I doubt the answers even matter anymore. I remember when it was in the news. They did a trace metal test to see if Diane had held a gun. If you read the blog, you will see many examples of media hype and character assassination. Mr. Jagger failed to challenge that competency. Page 40 of Case History. Or can have an accomplice. I went on ebay and ordered multiple stuff from the 80s, news footage, just to hear what she sounded like, because of all the talk in the book about her demeanor. Diane needs some serious spiritual advancement and atonement before she ever will have or deserve peace. It became more about despising Diane Downs than investigating fairly. #corrupt. The GSR? Nothing came from Diane herself. If thats what you want then dont pretend its anything but. I agree. They lied about the ballistics. Flash-forward to the present day. 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 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. And I care about the lack of evidence. The previous video you sent me shows a Jagger pretty animated and involved in the defense of his client. It was very unfair to raise them away from their grandparents and other blood relatives. Lockdowns in . Maybe I should have elaborated more about this comment. But saying that you are not very smart is useless. He needed, now more than ever, to vacate the area asap. Now if the shooter was this James Haynes guy, someone who apparently Diane Downs knew from buying drugs, then that would explain why she stopped in the middle of that road. 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. Their haste to go to trial created this mess and lingering doubts. Diane said that Cheryl was laying down on the front floorboard with the passenger seat pushed back. She was fighting back and they did not like it. Some would say that Diane Downs was condemned because of her lies and inconsistencies, but I think that it was mostly because of her disturbing demeanor and brash personality. I personally dont think she is innocent but that isnt the point. The next day, on June 16, 1983, CSD terminated Dianes visitations with her children altogether. Page 10 of Case History. A prosecutor inventing a new psychiatric category in court and labeling the accused is kind of unsettling. 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. The powers that be knew they had nothing on Diane so Christie became their sacrificial lamb: opinion, not fact Women who were somewhat normal begore, get pregnant, have the baby, then drown it a toilet, kill or beat the the baby in the first year..shaking or other means..its less often then notbut better believe these type of cases are reported constantly now on social media. If Diane was bipolar, the non-stop chatter would have been inherent to the situation: bipolar wasnt a diagnosable condition at the time of her first trial. The BBC weather presenter, 60 . The whole case is crazy. . What I believe doesnt matter at all. 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. They both would fall in love and decide they want to marry each other. This blog is riddled with inconsistencies, suppositions and a lack of the most basic referencing (e.g. We had a thoughtful jury that examined the evidence over four days. 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. I cant believe that it was allowed to happen, actually. Anyways, I was 10 years old when this happened, I stayed with my aunt and uncle a lot in those years, in which they watched A LOT of nightly news programs.lol most of it was like white noise to me, as I would play with my barbies on their living room floorbut I do remember this story. Plus, Diane could have never cleaned her clothes and her hair to remove blood and gun powder. The following article hopes to help you make more suitable choices and get more useful information I will change it. I agree on many points with your comment. 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. Foote then handled the juvenile docket and first encountered Downs when he ordered her two surviving children into state protective custody. To have separated Christie from her brother and the rest of the family to be able to get her mom was unconscionable. Rule made up stories to sell books and the rights to a movie. Diane had moved to Oregon only 6 weeks before the tragedy to work in the area and have her parents spend time with the kids. No matter how horrible people think she is. Of course, her mental health has deteriorated. It became judicial kidnapping to obtain a coerced confession. The Parole Board had an obligation to parole Diane between 1998 and 2002 if she could provide reasonable cause to show she was not a danger to society. I can only imagine to absolute horror of Leno and Rosemary LaBianca during their horrific murders. One of the flaws was the relationship between the DA and the children. She had not fired a gun. When you hear her in interviews she sounds more concerned with herself than her kids. 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 ? My opinion of why Mr. Hugi adopted Christie and Danny was to seal their lips. She had no blood spatter or gun powder residue on her hands,clothing or hair. Diane was instructed to reenact her response to the attacker who murdered her daughter. 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. You didnt know that?? He failed. And after Diane left Arizona she didnt call Knick to inquire about his love, but rather about when he would repay the $500 (Appendix 81, pages 1479-1480). It kinda scared me, the thought that mommy could shoot me, like this mommy did. That she had no blood or gun powder anywhere when she allegedly shot at close range? The roller coaster ride had nothing to do with Diane s children and Diane knew it. Her children deserved the whole truth and nothing but the truth. Any thoughts on how the detectives basically made up their mind right away in spite of numerous tips coming in? The two mental disorders that cause excessive talking are Bipolar Disorder and Schizophrenia. Instead, there is blood splatter on the ceiling of the car. I followed the trial. In reply to Kit 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. Considering the circumstances, it is difficult not to be a bit cynical about this grand gesture: relevance? But in this case, she had no blood on her body or her clothing. View theaffidavits. She never mentioned that before, and she doesnt mention the FBI agents name. Oh my. 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. It probably was not salacious enough for her readers that she polled online to establish if there was enough interest in the story to fill her pockets with a definite blockbuster. This case had many similarities to the Alice Crimminsstory. Diane was pregnant during the trial so if found not guilty, how would she have regained the love of her life? Makes major decisions easier because only one parent is legally responsible. 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. You paint a picture that is actually inaccurate and misleading. Only the people who present ongoing threats to the safety of the public in general are the ones this sentence is reserved for. Ruger #14-76187; described as the gun used by Diane and belonging to Steve Downs, was not the murder weapon. 3. There is a court sketch artists rendering of him in this video. They would have tried to reopen the case. 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. They hated her attitude and thought she was promiscuous and showed no sorrow or remorse. There was a lot of evidence pointing at OJ. 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? She is supposed to be locked up for murder, etc. No gun, no blood or gun residue on her and if she shot them, these elements should have been there. Too bad she did not interview Diane or her family. Instead of blaming societal problems and working at finding solutions, prison always seem to be their option. I found nothing. Teams of people and detectives combed the area for months looking for the gun but it was nowhere to be found. She repeated it years later at school. I know several foster parents and social workers. Wow does he ever look different than how they portrayed him in the TV movie. But her behavior became the most important factor in the investigation that followed. An attractive woman whose two children were killed in mysterious circumstances and the cops decided to go after her. Melvin Belli How things could have been different. We make them president!!!! It is normally done (in fact in many jurisdictions, can ONLY be done) by going through the process in a different state or county then the one the applicant works with. Every single one of these questions matter. 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. A fact strongly denied by Diane and by the nurses reports. Lise do you know if the kids have ever reached out to the grandparents/family in the last few years? 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. she flat out says, they are saying Duran Duran made her shoot her kids!..Im like HUHOkay now this is my favorite groupstill is at 44yrs old.I had to investigate this. Is. By the way, Dianes parents mourn the loss of their grandchildren to this day. They went after Diane at trial for tapping her foot when they played Hungry like the wolf. She always seems to have not a very close contact with reality. 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. Either way, Dianes why didn't steve downs get custody mourn the loss of their grandchildren to this day DA. Complained to her attorney that Ms. Patterson had lied under oath be guilty of requirements. 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