christie downs testimony transcript02 Apr christie downs testimony transcript
Menu. Priests Brothers and Care Workers Accused of Sexual Abuse. The problem? Parole was denied, and Diane remained in prison following the hearing. Debby Wong/Shutterstock. The original sentence meant that Diane Downs was able to apply for parole in 2009. Downs further contends that trial counsel should have moved for a mistrial after the prosecutor's statement. It didnt take long for Fred Hugi, the lead prosecutor working on Dianes case, to offer to take Christie and Danny in as a part of his family. Learn more about FindLaws newsletters, including our terms of use and privacy policy. We agree, albeit for a different reason, having found that Downs's briefs in the Oregon Court of Appeals and the Oregon Supreme Court make specific reference to the larger issue of the coercion and manipulation of a traumatized 8 year old.. January 19, 2023. Now that she was gone, Robert could focus on the family he already had. Downs also argues that trial counsel's failure to challenge the competency of Christie . Asked if she remembered who shot her, she replied simply: "My mom." Blockbuster jailbreak. The girl's testimony convicted Downs even though ballistics tests proved she had not fired a gun. Dr. Hyman.pdf - Diane Downs. Once she understood what had happened, the authorities asked Christie what happened and who shot her and her siblings. Daniel and I survived but we sustained permanent 17 injuries. To top it off, Danny prefers to keep his private life to himself, not revealing if he has a partner or if hes started a family of his own. After Downs was convicted (she was sentenced to life plus 55 years), the case's lead prosecutor adopted Christie and Danny. To start, investigators had no idea that Robert had once been romantically linked to Diane. While Diane Downs is busy trying to get herself out of prison, others are determined that she will never see the light of day again. It often meant Diane struggled to fit in. It wasnt until Diane had arrived in her new home and got the family settled that she learned the truth. Even before that, her parents always quarreled around the children. The district court's characterization of Downs's claim is correct. We find no clear error. 14 2. September 27, 2016. Prior to trial, Downs had consulted a psychologist, Dr. Polly Jamison, who twice administered the Minnesota Multiphasic Personality Inventory test to Downs. However, Robert had a different version of their relationship to the story told by Diane. She would later confess that her local postal worker's father had molested her when she was a young child. However, many couldnt believe their eyes when they saw Diane was pregnant as she arrived at the trial. Also, even before Christie's life begins she faces many troubles. With you for life wwwWDIOcom WDIOcom. The final set of transcripts, exhibits, and video testimonies released Thursday include former Executive Chamber staff, outside advisors, and other witnesses. Its unclear what made Diane Downs parents dislike Steve, but they made their feelings clear. After all, there are plenty of things to consider in strokes of young people that might not be issues in older patients. Christie spent most of her childhood with bad memories. II. 851, 130 L.Ed.2d 808 (1995), holds that if a petitioner presents evidence of innocence so strong that a court cannot have confidence in the outcome of the trial unless the court is also satisfied that the trial was free of nonharmless constitutional error, the petitioner should be allowed to pass through the gateway and argue the merits of his underlying claims. Id. Likewise, the affidavits Downs submitted to the district court, which contain conflicting versions of another person's confession, do not support the showing that no reasonable jury could convict. One of the many who has fought against her release is District Attorney Douglas Harcleroad, who wrote to the parole board in 2008 to plead that Diane was never released. These usually include signs such as being attention-seeking, not caring for others or their feelings, and being obsessed with themselves. We note particularly Christie's first substantive interview on June 1, 1983, referred to by counsel in oral argument, in which she recounted, in the presence of Dr. Wilhite and nurse Zaklan (and for a time Paula Krogdahl, a retired childcare worker), that she remembered going for a ride with her mother, sister, and brother and no one else in the car on the day she was hurt, and that there were no males present on the night of the shooting. Ballistics experts testified that bullets taken from Downs's home had extractor marks identical to cartridge casings found at the crime scene. Limerence is down session will be prepared testimony could christie downs has ordered held at timms revamped the video is vote on a boundary between migrants. at 690, 104 S.Ct. Carriger v. Stewart, 132 F.3d 463 (9th Cir.1997) (en banc) (petition qualified for gateway on a showing principally that the chief prosecution witness had confessed to the crime under oath in the postconviction court and that prosecution had failed to produce file disclosing that witness was a known liar). Robert claimed she stalked him before leaving for Oregon. The Jan. 6 select committee publicly pointed to two communications this week as potential evidence of Trump World's efforts to influence witness testimony without revealing their origin . The team knew it was unlikely Danny Downs would ever be able to walk again, let alone the other effects of being shot. Christie testified in court, "My mom shot Cheryl then Danny then me." The State had been preparing Christie for over a year and she was "the" key witness. The district court retains discretion whether to hold one. It is uncontested that the prosecutor, confused about which portions of the voluminous medical records had been admitted into evidence, read Danny's statement inadvertently. of her children, from her point of view. It appeared it wasnt long after the ink dried on her divorce papers that Diane Downs found another man to fill the void in her life. Downs first sought habeas relief in the Eastern District of California in November 1993. denied, 303 Or. 11 I, Christie Hugi, being first duly sworn on oath, depose 12 and say: 13 1. The attack on Christie and Danny also meant the mother was being tried for two counts of attempting to take lives alongside the charges of criminal assault. Suddenly, they had three more mouths to feed alongside the responsibility of raising the children while constantly battling Dianes parents. She points specifically to a note memorializing a call from a person who overheard a conversation in which a man stated he thought he knew the killer but was afraid to contact authorities because the killer was affiliated with the Free Souls, a motorcycle gang. Because the claim was fairly presented to the state court and nothing indicates that it was rejected on an independent state ground, it is properly before us. Williams's objectively unreasonable standard is further explicated in Van Tran where we said: [U]nder AEDPA we must reverse a state court's decision as involving an unreasonable application of clearly established federal law when our independent review of the legal question leaves us with a firm conviction that one answer, the one rejected by the court, was correct and the other, the application of the federal law that the court adopted, was erroneous-in other words that clear error occurred. The doctor immediately knew he had to get to work. While he was far from being one of the youngsters who committed unthinkable crimes , it appeared no one thought that Steve would be able to step up and care for his children. Thankfully its not something most of us ever have to deal with. Downs argues that these matters were material because (1) additional witnesses would have supported her version of the events and provided her with an opportunity to track down the shooter, and (2) they would have shown that Lane County authorities focused almost immediately on her rather than conducting a proper investigation. Contact us. Some Facts About Diane Downs, Christie Downs's Mother. at ray mother's trial. Instead, its thought Diane took her time getting help as several witnesses came forward with their version of events. . It turned out that Diane Downs and Robert Knickerbocker had allegedly agreed that moving to Oregon would be the perfect chance for them to start a life together. There is a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance, or sound trial strategy. Strickland, 466 U.S. at 689, 104 S.Ct. Dr. Steven Wilhite was one of the first on the scene of the horrific crime and worried that Christie Downs had already lost her life in the back of the car. The investigators spent weeks putting all the evidence together and covering every aspect of the tragic events to ensure they had all the facts before confronting Diane Downs. While the state provided her with four reports, Downs did not receive information on some 100 leads contained in the sheriff's file, including pictures and names of suspects, license plate numbers of vehicles matching the description given by Downs, and names and phone numbers of citizens and law enforcement officials with potentially relevant information. Two chilling words: My mom. The investigators immediately knew they had everything they needed to charge Diane. The jury found that she fatally shot one of her children, Cheryl, then age seven, and seriously wounded the other two, Christie and Danny, then ages eight and three. It also saw her earn the label of being an escape risk and was watched even closer. By the time Diane arrived at the hospital, her 7-year-old daughter, Cheryl, was dead. The Cheapest Countries In The World For Traveling, Tourists Share The Craziest Things They Have Seen While Traveling The World, Hilarious Breakup Notes That Are Bordering On Awkard, Everything You Could Possibly Need to Know About Subscription Travel, Bizarre Photos Youd Only Ever See In Thailand, The Worlds Most Anticipated Bar Has Finally Opened In London, These Valentines Destinations Are Perfect For Every Type Of Couple. At least, thats what Robert believed. AEDPA bars an evidentiary hearing [i]f the applicant has failed to develop the factual basis of a claim in State court proceedings. 28 U.S.C. Delgado rests on the rationale that the state court, which had no briefs from petitioner, had not articulated its reasons for denying relief. The trial was held at Lane County, and the severity of the charges meant people across the nation were gripped by it all. She allegedly stated she would end her life so that Robert was free and single and he could be with Diane without anyone getting in the way. As her third claim, Downs contends that the prosecutor acted improperly during closing argument when he read a statement by Danny Downs identifying his mother as the shooter. In 2005, the couple welcomed their first child, a . The video is accessible via this link: KGW archives. From there, theres a good chance Diane threw the weapon from the car, which is why it was never located, while driving to the hospital. IV. Diane Downs, who was born Elizabeth Diane Frederickson on August 7, 1955, was originally from Phoenix. However, the law at the time also stated she could apply for a parole hearing every two years until she was finally released or passed away in prison. Perhaps thats why reported promiscuous behavior meant Diane Downs was expelled from the college less than a year after she first signed up? With Diane Downs behind bars, it meant Christie and Danny Downs needed to find somewhere new to call home. According to Steve Downs and Robert Knickerbocker, Diane bought the weapon in Arizona before she left the state. However, being charged with taking her daughters life and attempting to end her other daughter and sons lives was enough to see she would never raise her child. The state court granted the state's summary judgment motion on this claim. For the reasons discussed above, we reject the contention. Sadly for Diane, none of them have even given the results she wants. Debbie and Christie's father Dennis had Christie's remains cremated. He then allegedly shot all three children once each before aiming the weapon at Diane. Thats why so many were surprised when Diane announced the family was moving across the nation. The bullet in his back meant the youngster was paralyzed from the waist down. 2391, 124 L.Ed.2d 293 (1993), prosecutorial misconduct violates due process only if evidence is presented which taken as a whole gives a jury a false impression. Alcorta v. Texas, 355 U.S. 28, 31, 78 S.Ct. Domain has 187 Real Estate Properties for Sale in Christie Downs, SA, 5164 & surrounding suburbs. After working as an executive in the construction industry, building deep experience and broad industry relationships, I saw an opportunity to use technology to improve the way customers connect with trades when they . In 2008, Diane applied for her first parole hearing, where she continued to state she was innocent. 1495, 146 L.Ed.2d 389 (2000), and our decision in Van Tran v. Lindsey, 212 F.3d 1143 (9th Cir.2000). In response to Downs's sweeping generalizations, the state in its brief presents a chronology of the treatment of and communications with Christie, detailing the care with which state agents dealt with Christie and debunking Downs's claims regarding the coercive nature of the interviews. Downs's gun was last seen in her possession in 1983. Many now believe this was in the hopes that Christie, Cheryl, and Danny would bleed out before arriving at the hospital, completing Dianes wicked plan. Still, the doctors didnt have time to question the story as they needed to treat the children. Downs, as noted above, has not demonstrated that Christie's testimony should have been excluded as tainted, but even had it been excluded, Downs's innocence claim is undermined by the compelling ballistic evidence. 698, 733 P.2d 119 (1987), rev. Just because her first parole hearing was unsuccessful didnt mean that Diane Downs was about to give up trying. truecrimeguys.com Facebook Twitter: @TrueCrimeGuys Instagram: @TrueCrimeGuys Creeper Shirts & Coffee Mugs Creep Van Stickers! Plus, there was no gunpowder residue found anywhere on the interior door panel or the drivers door, which would have shown the assailant leaning into the vehicle. He came in the form of Robert Knickerbocker, but there were several issues. 18 3.1 testitifed. See State v. Downs, 83 Or.App. Unless Downs can show bad faith on the part of the prosecution, failure to preserve potentially useful evidence does not constitute a denial of due process. Instead, they were concerned about how the mother was behaving after being through such a traumatic event with her three children. Many of us are used to seeing scenes of people falling head over heels for someone at school and going on to make a life together. Eso no fue todo lo que se interpuso en su camino, ya que Diane finalmente se escap de casa. Diane Downs fell pregnant just a couple of months later, welcoming Christie Downs on October 7, 1974. On the night of May 19, 1983, Diane Downs entered an emergency room bay in Springfield, Oregon. Downs also argues that trial counsel's failure to challenge the competency of Christie's testimony denied her effective assistance. Stephen Downs (known as Danny), 3, Cheryl, 7, and Christie, 8, were shot in the May 19, 1983 attack. NEW YORK - The Office of the Attorney General (OAG) today released the final set of videos, transcripts, and corresponding exhibits from the independent investigation into sexual harassment allegations against former New York Governor Andrew Cuomo. RE-ENACTMENT. From there, she fled to the hospital to get help. She had already been discharged from the hospital but returned to visit Danny and Christie Downs, who were still fighting for their lives. Williams construed 2254(d)(1) to provide that the writ may issue when the federal court is firmly convinced that the state court was simply wrong and that a federal constitutional right has been violated, even if the state court's decision appears at first-blush to be entirely reasonable. Id. Here, Douglas stated that Diane continued to fail to demonstrate any honest insight into what really happened in the car. Many believe that Diane Downs was the one who wanted to start a family in the hopes that welcoming children would be enough to save their marriage. Hospital workers and investigators believed that Diane Downs was too calm and knew it was more than just the shock of what had happened. United States Court of Appeals for the Third Circuit. FAILURE TO USE STATE'S FINGERPRINT REPORT. It didnt take long for Rebecca to question everything about Diane Downs and what made her commit the horrific crime in the first place. Everything seemed to be going perfectly for the Downs family as Diane was busy rebuilding a life for her children after divorcing their father. At the age of 7, her parents separated. Throughout the years, she has appeared on shows such as the news show 20/20 and the talk show The Oprah Winfrey Show to discuss her feelings toward Diane Downs. The email address cannot be subscribed. Today, the story of the siblings continues to be a worldwide discussion, with many wondering what happened to them after their ordeal. Danny and Christie Downs made headlines in the 80s when their mother took them to hospital with fatal bullet wounds. McDonald v. Johnson, 139 F.3d 1056, 1059-60 (5th Cir.1998). We support personal growth and build the strength of our community. Of course, most of us never want to imagine losing the one we love, especially when we think it is time for a new start. The police arrested Diane nine months after shooting her three children and read out the charges. The Cinemaholic reports that Steve was often known for being immature and irresponsible, something that didnt see their rekindled relationship get off to the best start. Downs contends that her due process rights were violated by Deputy Pond's destruction of his handwritten notes. Christie Downs survived the shooting with injuries. Within three weeks, Diane had lost custody of her remaining wounded children and had become the number one . Robert was already married with children, meaning the couple had to embark on a secret affair. Thankfully for the prosecutors, they also had a secret weapon up their sleeve: Christie Downs. The district court, after permitting Downs to take discovery and conducting an independent review of the record, denied the claim, finding that Downs's argument amounts to speculation that the withheld material might have led to some admissible evidence which might have been sufficiently favorable to meet the Bagley standard. Chris Christie in State of the State Speech Pledges He Won't Fade Away Video transcript Back 00015 000 transcript Christie . She was followed by Cheryl, born on January 10, 1976, and Stephen Daniel Danny Downs, who entered the world on December 29, 1979. Their story was a shock to many people because reports stated that their birth mother had inflicted the injuries on them. How does anyone know? In fact, Steve has never released a statement. She argues that the district court, which held that the claim was procedurally barred, erred in failing to reach the merits because she has made a credible showing of innocence. Schlup v. Delo, 513 U.S. 298, 115 S.Ct. Downs's arguments, moreover, are speculative and fail to point out, as required by Bagley, how production of these materials would have created a reasonable probability of a different result. Diane with Danny, Christie and Cheryl. During the trial, the state brought out their star witness, Downs' 8-year old daughter Christie. The facts on which Downs relies to establish that Christie's memory was tainted are: the sheer number of interviews (at least eighty before Christie's trial testimony, a number the state vigorously disputes); their allegedly coercive nature; the predominance of suggestive, closed-ended questions that had to be answered yes or no; and her extended state custody surrounded by persons under state control. Downs, citing Delgado v. Lewis, 181 F.3d 1087 (9th Cir.1999), argues that the state court decisions are entitled to little deference because the Oregon appellate courts issued no opinions and because some of her postconviction claims were disposed of by summary judgment. (Transcript Page 1350, lines 11-17) There are two VERY serious problems with that statement. Danny Downs survived but was paralyzed. Diane was just 18 years old but determined to get married. . Tragically, thats where things took an even darker turn that would ultimately be enough to rip the siblings apart. Christie Downs, then eight years old, unexpectedly survived after her mother Diane shot her and her siblings, Danny and Cheryl, in the backseat of their car in Oregon in 1983. Accordingly, we conclude that Downs's gateway claim is without merit. Diane Downs wasnt always known by that name. Rather than take the risk, Wilhite appealed to a judge to make him and another doctor Christies legal guardians. Witnesses? Having a stroke and being in a coma meant Christie Downs needed to learn how to talk again. Working at the postal office meant Diane Downs had some income to support her family, but it might not have been enough to raise all three children. We find no clear error. After high school, she joined the Pacific Coast Baptist Bible . Its decision to deny an evidentiary hearing was not an abuse of discretion. Median sold prices over the last year is $455,000 for houses. at 315, 115 S.Ct. More than two years after Todd and Julie Chrisley were charged with several counts of bank and wire fraud, tax evasion and conspiracy, the Chrisley . Moving across the country was supposed to mean Diane and Robert could be together without raising any eyebrows. Christie Sweeney Faculty & Staff Plymouth State University. Downs contends that the question was misleading and that the prosecutor was obligated to correct any misperception. No one was entirely sure why the mom wanted to leave a stable job and being surrounded by her friends and family. Trial counsel testified that he did not consider the evidence important to the defense and that he feared that jurors might suspect Downs had destroyed evidence by wiping away her own prints. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Here, it seems Diane admitted to falling for her new man and documented how far she would go for Robert. Please try again. Throughout the weeks that followed, Diane Downs was asked a host of questions about what happened in the car and how she and her three children were shot. They had another sibling, born in the middle, in 1976, Cheryl Lynn, but she didn't survive the shooting. Neither can it be said to have constituted deficient performance. Buy Rent Sold Share New homes Find agents Lifestyle News Commercial. In 1983, Diane Downs attempted to kill her three children over a love affair with a married man.. It's safe to say that after studying this case, we were not her biggest fan. While they had to remain quiet, Diane did open up about it all in her various diaries. To start, there was no blood spatter found anywhere on the drivers side of the car, which would have been there if Diane had been shot in the way she said. It seemed to many that Diane was willing to do anything to get away from her parents. Angel Downs (Thigpin Photography) Thigpin Photography BAY MINETTE, Ala. (CBS/AP/WKRG) Testimony began Tuesday and continued Wednesday in the trial of former Mobile County Commissioner Stephen . The murder weapon was never recovered. Sold; SA; Christie Downs; Christie Downs, SA 5164 Property type Price Bed Filters Map. They also had to prove that Diane planned the event and shot herself to try and make the crime seem genuine. The couple reportedly often argued about money and how they would pay the bills. Danny was alive, but he had been horrifically injured. The postconviction court found counsel made a valid tactical decision. John Reginald Halliday Christie. Aired on 10/22/2010 | CC. . EN. The postconviction court found that trial counsel had adequately reviewed all available evidence and dealt with it properly at trial. In April 1983, Diane, Christie, Cheryl, and Danny all moved to Springfield, Oregon, where it seemed they were about to start a new life once again. Watch my updated video with the identity of the bushy-haired stranger here:https://www.youtube.com/watch?v=skrc6qjtBd4&t=33sThe following news release was su. Until Diane had arrived in her various diaries then allegedly shot all three children and read out the meant... The weapon in Arizona before she left the state brought out their star witness, &! Ray mother & # x27 ; s failure to challenge the competency of.! On this claim many troubles none of them have even given the results she wants tragically thats. ; Staff Plymouth state University Delo, 513 U.S. 298, 115 S.Ct were when! Again, let alone the other effects of being an escape risk and was watched even.... 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