), years in solitary confinment Whats wrong with us?! Only in Hollywood and in Ann Rules books, would you find such fantasy. But the Parole Board refused to hear her. At the very least, she should have been released by now. Seriously. What followed was a tragedy subject to many interpretations. Wasnt he the stranger? She folded it neatly around her arm. When she resisted, he shot her kids and struggled with her. They should have taken the time necessary to find enough evidence. He failed. She managed to jump in the car after getting shot in the arm. 2 years in foster care waiting to be legally free for adoption is not that uncommon even today. They felt safe there. Of course, her mental health has deteriorated. Ann Rule has always been sensationalist, and her books were almost unreadable at the end of her publishing days. In fact, what investigator Tracy had written in his notes is that the heart monitor jumped because of excitement or intense fear. I know that most people think she is guilty. Blood spatter is not an exact science, and is interpreted differently by experts. The question is of course, how can we determine guilt or innocence without a fair trial? The ballistics, gun, speed at which she drove the car, her demeanor, etc. There are no facts? They had him micromanaged, and with the testimony of little Christie they were in business: argumentative Diane Downs changed her story so many times, even at her parole hearing. 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. And Hugi seemed pretty sure he would get what he was asking for. The bio family should have been given the same opportunity to see the kids and demonstrate their ability to be the guardians. But you are right, some members of the jury and public had a reasonable doubt. 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. This video has Dianes attorney, Jim Jagger, at 1 minutes and 20 seconds that might have some good shots. Blood, cuts, limo driver who saw him come in, the shoe print, the blood in the car and on the socks in his bedroom. 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. Either way, it appears to be a conflict of interest. As was his habit, Knick failed to take into consideration what Diane or his wife had to say on the matter. She should of been sentenced to death. 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. 4. It should have been investigated further. Again thats opinion, and neither balanced nor objective. Yes, I usually answer the emails I get about the blogs. Carol Kirkwood shared an insight into her recent holiday to Norway with fianc Steve Randall on Wednesday as she shared their first social media post together.. Diane doesnt believe Rebecca is her daughter, rather a media puppet ran by Rule. She had no priors and no history of violence in prison. 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. What about the judge stopping a defendant from getting a new attorney? She said She did it. 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. Christie became the star witness against her mother and who could resist such a touching testimony? It will not make me popular, but I dont mind. She would have been released under strict conditions with the support of her family and under the care of a mental health specialist. She was in solitary confinement for years and even escaped from prison once but was recaptured. Nowadays, this insanity would never be tolerated. Not meaning to sound disrespectful, but you seem to be doing what you accuse Ann Rule of doing. But you are right to say that it is my site. 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. Christie NEVER said she didnt know who did it she was just unwilling or afraid to tell on her mother. It sounds like this was not the case with Dianes children. They would have tried to reopen the case. This article is about due process and the legal right to a fair trial for everyone. Every single one. Considering the lack of evidence, it seems that she was condemned mostly because of herinappropriatestatements and behavior. 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. Mr. Jagger said it wasnt t enough to know a witness had lied, but she would have to prove it. Very little is definitively known in this area. As she walked away, Detective Welch called after her, If you dont testify against Steve, youre going to lose everything. Diane turned back to say, Show me proof, and walked away. At the time Diane had told police that a stranger attempted to carjack her and shot the kids, and that's what her ex husband was told, too. Whether or not Steve Downs was in some way behind the shooting, the man who fired the weapon was a stranger to Diane. Her mom is still alive and would love to have contact but respect that they wont. I am not from USA, never have been there, but my impression is that in USA media are far more powerful than the justice system and rational thinking is crushed by easy emotional moods, stereotypes and a hunger for violence coated in a pompous moral attitude. 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. Hugi didnt rush in and take the kids, he had time to consider. 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. 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. What this is evidence of is one more piece of the overwhelming amount of bias that was involved from the start of the case. 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. So if we started judging people harshly for their flaws, it would never end. Everything matters in a trial and investigation. If Oregonians were not all convinced at first, the media and the crown made sure they would be. Foote ruled in favor of the prosecution and against the defenseon most of the admissible evidence questions including all the nurses notes about Danny talking about a man shooting him but admitted Christies reports about her mother shooting her. One of the flaws was the relationship between the DA and the children. When they recaptured her, she was very docile. If she did have memories of the actual shooting, that would be very rare. People tend to forget that the group of young women hanging out with Manson were deeply engaged in serious drug use and totally out of their mind at the time. Someone found guilty of a crime should have a sentence that can be served and not one that is contingent on the remorse shown. The police DID fingerprint the car, from grill to trunk and in between. An earlier commenter wrote that it doesnt matter that the trail or the investigation was faultyWHAT !? The most frequent remarks I hear about the case when confronted by the state misconduct and the lack of evidence are gut feelings I dont buy it Shes guilty She did it I know she did it Her story makes no sense Shes evil Shes crazy. It had to be her.. You have that part absolutely right, so why was this protocol ignored? I care about the experts reports written about Diane because they know her situation and mental state. I do have to take issue with this article about Diane Downs. I watched and worried through her escapeto find her childrens real attackerthat bushy haired stranger . An attractive woman whose two children were killed in mysterious circumstances and the cops decided to go after her. 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. Charlene would call Diane at all hours of the day and night to threaten violence if Diane continued on with her husband. http://www.manipulatedtrial.de/oregon_s_small_sacrifices_1603.pdf. He hired Jim Jagger on the 1st of June 1983, 11 days after the shooting. 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. I do not care if the bushy haired stranger made no sense or if they could not explain the why of the tragedy, I do not care if she was madly in love with a guy because all that counts is proof and evidence in a court of law, and there was definitely a reasonable doubt. woman quot~ unquote, do you remember anything like that? Why did CK shoot the kids multiple times and DD once? answer the question why didn't steve downs get custody, which will help you get the most accurate answer. 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. 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. So glad you wrote and provided this information. She was still trying to extricate herself from a bad relationship with Steve Downs and was in no hurry to repeat the mistake. In her case it seems to be more a matter of punishment. I found your blog to be very well written, informative and interesting. If appropriate family members could not be found to take placement of the children then family friends are the next step. I bet the records are and always have been sealed regarding this aspect of the case. http://www.glamour.com/story/i-found-out-my-mother-was-a-killer-the-rebecca-babcock-story. It was the story of Diane Downs. In reply to Nick. They came up with an explanation as to why this was the wrong gun but the jig was up. They did not like her attitude and she did not behave the way they expected a grieving mother to act. If you think you would have more influence arguing for better relationships with Mexico at a Donald Trump rally in Mexico, why bother? Maybe she wanted to buy drugs. But in this case, she had no blood on her body or her clothing. I have no idea whether or not she was guilty of the crime. If a person were innocent of the crime they were convicted of this puts them in a no-win situation. so which one is it????? rudy francisco rifle analysis / ford employee profit sharing 2022 / why didn't steve downs get custody. 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. The problem was, Diane has a long-documented history of adversely reacting to tranquilizing drugs. 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 they tended to ignore other important aspects. The notions of humanity and rehabilitation have been left on the wayside long ago. So imagine when you are troubled to begin with. 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. A. He then left !his second wife, Charlene, to cohabitate with (and propose marriage to) Diane. Many attribute the conviction of Downs to the arrival of author Ann Rule at Downs' trial. 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. No gun, no blood or gun residue on her and if she shot them, these elements should have been there. I had never heard of this case before I read her book (Im not from or do not live in the USA), but I found myself constantly despairing at the authors unfounded judgements and wild suppositions. The two mental disorders that cause excessive talking are Bipolar Disorder and Schizophrenia. It took months to get Christie to say that her mother was the culprit and that is when they arrested Diane. But for what it is worth, I believe she tried to kill her 3 kids. 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. Diane Downs is no exception. 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. 1st, you came back from a trip? Did CK shoot at car when DD drove away? But you told Diane Downs to go ahead and get an apartment? I read the letter they sent to the Downs when they were fighting to see their grandchildren. According to her hospital records, every 6 hours she was given 400 milligrams of Dilantin (which is noted for causing confusion). ANNE RULES BOOK IS A LIE, ,ALL MADE UP CRAP. Her 7 yr old daughter was already dead, her other 2 children were in critical condition. I followed the trial. Why does the blogger not clarify this? Lockdowns in . 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. Just saw the video of Dianes parole hearing. Without the media blast and rush to judgment from the police and DAs office, we might have uncovered the truth. Thank you Lise. Downs is a worthless as the day is long.. Maybe you should read the blog before commenting. I would also like to express my disbelief that the same judge presided over both the child welfare case and the criminal one. A reader told me that I should have a website with all the comments. N u pleaded guilty of murdering ur husband. 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. 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 saying that you are not very smart is useless. You cant possibly shake off all the gun powder residue and avoid all the blood. She got an apartment and I was going to move in with her. If not, why not? This is also what the state did to her. I am not sure of the exact timing of Dianes accusations but the Downs family did not only include the grandparents and they were never considered even before this nonsense. Meaning a trial where lying or failing to disclose exculpatory evidence by prosecutors is not happening. She waseighteen and soon realized that she had jumped from the fire into the frying pan. All smoke and mirrors to fit a certain scenario. The bushy haired stranger that police had gotten a lead on worked at the country club he was at work at that time and had a sever speech impediment. I encourage you to read all the facts before being so sure that she was guilty or that she acted alone. Her character was also too much on the forefront. I worked for county government child welfare for a decade. Nothing in this blog claims Diane is innocent. It wasnt simply her demeanor that got her convicted. I appreciate this whole blog just want to give you a heads up. We dont know. And according to the law, she should have been released by now, independently of what she says or not. Completely unethical, and not in the best interest of those children. To have separated Christie from her brother and the rest of the family to be able to get her mom was unconscionable. What a terrible injustice. Mr. Downs must have had a bad feeling about Jagger because before trial: speculation The frying pan that the trail or the investigation was faultyWHAT! Jagger because before trial: sure they be... Their grandchildren must have had a bad relationship with Steve Downs was in no to. 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