Neither can it be said to have constituted deficient performance. One of the main parts of Diane Downs story was how she immediately wanted to get her children to the hospital in a bid to save their lives. In 2008, Diane applied for her first parole hearing, where she continued to state she was innocent. The prosecution heavily relied on Christie Downs' testimony, while Diane pleaded her innocence. The state court's finding that there was nothing improper about the question and that it was not ground for a mistrial was not clearly erroneous. If one word plays into the scenario over and over, it is "emotion" and that is indeed a raw, powerful determiner of guilt in many cases . 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. She had already been discharged from the hospital but returned to visit Danny and Christie Downs, who were still fighting for their lives. PROSECUTOR'S REFERENCE TO DEVIANT SOCIOPATH DIAGNOSIS DURING CROSS-EXAMINATION. Id. Rebecca also admitted she wrote to her biological mom when she was younger. September 27, 2016. After all, there are plenty of things to consider in strokes of young people that might not be issues in older patients. Stephen Downs (known as Danny), 3, Cheryl, 7, and Christie, 8, were shot in the May 19, 1983 attack. 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. Rather than accept they werent getting back together and going their separate ways, it seemed something was about to bring Diane Downs and Robert Knickerbocker back together in a way they never imagined. at 1091 n. 3. Whatever the case, many accused Diane of getting pregnant deliberately to earn sympathy from the judge and jury. See Strickland v. Washington, 466 U.S. 668, 691, 104 S.Ct. 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.. One of the many things that were questioned was if Steve was a fit father. They had another sibling, born in the middle, in 1976, Cheryl Lynn, but she didn't survive the shooting. Things were always known to be tumultuous between Steve and Diane Downs. In Christie Downs, of people aged 15 years and over, 62.1% did unpaid domestic work in the week before the Census. According to Steve Downs and Robert Knickerbocker, Diane bought the weapon in Arizona before she left the state. She signed up at the Pacific Coast Baptist Bible College in Orange, California. at 324, 115 S.Ct. Because the petition was filed on June 25, 1996, following the effective date of the Antiterrorism and Effective Death Penalty Act (AEDPA), Pub.L. I was born Christie Downs. The Public Health Committee is one of the joint standing committees of the Connecticut General Assembly. IN MEMORIAM. They also had to prove that Diane planned the event and . That all changed when Rebecca was an adult. The January 6 committee released another batch of transcripts Tuesday, including two more of its interviews with blockbuster witness Cassidy Hutchinson and testimony from several other Trump White . 20. To start, investigators had no idea that Robert had once been romantically linked to Diane. IV. Eventually, Diane Downs enrolled at Moon Valley High School in Phoenix, where she met and fell for Steve Downs. It might come as little surprise that Fred Hugi was worried that Diane Downs would come to try and take Christie and Danny away. 625, 142 L.Ed.2d 563 (1998). After all, it was something they would never escape. This was fantastic news as the youngster had somehow survived the impossible. 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. Downs was found guilty in June, but her sentencing was delayed by another twist she was pregnant and ready to . Being a religious school likely meant there were even more rules in place than in other colleges. As discussed above, the claim based on Christie's testimony fails to meet that test. denied, 528 U.S. 1159, 120 S.Ct. The court heard as Christie bravely took to the stand to explain that Diane had turned the weapon on the children. What the world didnt know was about all the lies and deceit going on behind closed doors. Christie Ann, born in 1974, is the eldest of the Downs children, and Stephen Daniel, known as Danny, born in 1979, is the youngest. Sadly, Tuko reports that Christie still lives with a speech handicap all these years later but is grateful to have survived the ordeal. Id. Based on five years of sales, Christie Downs has seen . It was damning to say the least. Video Testimony, Transcripts, and Exhibits of Staff and Outside Advisors Released Today. She can take deep knee and testimony regarding financial barriers that christie ann downs testimony of comfort of his thigh bone in heaven has. See Michigan v. Long, 463 U.S. 1032, 1041, 103 S.Ct. Both of her siblings were born in the year 1976. Her first three children with her husband Steve are Stephen "Danny" Daniel (born 1979), Cheryl Lynn (born 1976), and Christie Ann (born 1974). These usually include signs such as being attention-seeking, not caring for others or their feelings, and being obsessed with themselves. 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. The problem? TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. It's been nearly 25 years since the murder trial of Elizabeth Diane Downs captivated the nation -- marking Oregon as the home of one of history's most notorious child killers. Then she met Steve Downs at Moon Valley High School. 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. We are the place where locals meet! Diane Downs. Her escape and evading the law meant Diane was eventually sentenced to an additional five years. Her first three children with her husband Steve are Stephen "Danny" Daniel (born 1979), Cheryl Lynn (born 1976), and Christie Ann (born 1974). Thankfully, it didnt take long for Robert to open up about his side of the story. At least, thats what Robert believed. The postconviction court granted summary judgment on the prosecutorial misconduct claims and held a trial on Downs's other claims, hearing testimony from the trial participants and others. Diane Downs was born on August 7, 1955, in Phoenix, Arizona. They said nothing about how she might have been hurt, and Christie's initial lack of memory was brought out at trial. Family Photo Diane Downs' children, Christie Downs (standing), Stephen "Danny" Downs (left), and Cheryl Downs (right). 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. When the trial began, Christie Downs, then nine-years-old, had recovered the ability to speak and she provided extremely damaging testimony for the prosecution. The problem? Downs also contends that the state's lengthy effort to revive the memory of Christie, the only eyewitness, involved suggestive questioning and improper influence which resulted in tainted testimony and denied her a fair trial. Steve also accused Diane of being unfaithful multiple times, so much so that he eventually believed Danny wasnt his biological son. [A] constitutional error occurs, and the conviction must be reversed, only if the evidence is material in the sense that its suppression undermines confidence in the outcome of the trial. Id. Things went from bad to worse for Diane Downs when she made a phone call to Robert Knickerbocker. I am a commercially astute and high-energy business leader and executive who loves solving problems and creating exciting solutions that transform the way people live and work. Robert didnt have any plans of leaving his wife and children and instead used the distance as a way to separate from Diane. Sadly for Diane and Steve Downs, the universe got in the way. Median sold prices over the last year is $455,000 for houses. Instead, its thought Diane took her time getting help as several witnesses came forward with their version of events. Its thought she wanted to take part in another surrogacy, but some reports claim the child was biologically Dianes. It was a significant claim and one that reportedly tore the family apart at the time. Another thing that stopped the court from giving Christie and Danny to Steve Down was how they believed he wouldnt be able to help the children heal following the traumatic event. View our listings & use our detailed filters to find your perfect home. The trial was held at Lane County, and the severity of the charges meant people across the nation were gripped by it all. Still, falling for Steve gave her the confidence boost she so desperately needed. Downs further contends that trial counsel's failure to object to the competency of Christie's testimony constituted ineffective assistance. 851. Of course, the prosecutors needed to have a strong case if they were going to fight a pregnant woman and prove that she was the one who pulled the trigger on her own children. Diane Downs ultimately ended up getting shot in the forearm before she supposedly managed to escape the attacker and flee to a hospital in Springfield, Oregon. Experts have for decades labeled Downs a narcissistic psychopath. Transcript of Civil Rules Public Hearing (pdf) Washington, DC - November 3, 2016. Danny Downs survived but was paralyzed. This was even more of a worry when the world learned the prison where Diane had been living was just 66 miles away from the Downs childrens new home, meaning she could easily cover that ground. Transcript of Civil Rules Public Hearing (pdf) Phoenix, AZ - January 4, 2017. New Jersey State of the State Address C-SPANorg. Cf. As of now, the earliest that Diane could be released is 2025, but only if a court rules they think she has served her time. However, Diane will never be allowed out of prison if certain people have their way. denied, 507 U.S. 1051, 113 S.Ct. . Diane Downs wasnt always known by that name. The video is accessible via this link: KGW archives. Diane Downs, who was born Elizabeth Diane Frederickson on August 7, 1955, was originally from Phoenix. After the accident, Christie Downs, who was a witness and a survivor in the case involving her mother, is now 48 years old and has a speech handicap as a result of the incident. Theres a good chance Robert Knickerbocker never told Diane Downs why he wanted their relationship to end. Diane? We find no clear error. Downs first contends that the state deprived her of evidence helpful to her defense. Of course, the prosecutors needed to have a strong case if they were going to fight a pregnant woman and prove that she was the one who pulled the trigger on her own children. 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. Just because they were preoccupied trying to bring the children back from the edge didnt mean the doctors forgot all about Diane Downs. We support personal growth and build the strength of our community. The district court held that the prosecutorial misconduct claim was defaulted because it was never raised in the state proceedings. To establish ineffective assistance of counsel, a defendant must show both that counsel's performance fell below an objective standard of reasonableness and that the deficient performance prejudiced the defense. However, she now regrets this and believes Diane is nothing more than a monster., Become part of our community of travelers to receive exclusive tips, tricks and travel expert secrets, By Hannah Pennington, Published on Jun 14, 2022, Thats because the forensic evidence didnt match her version of events. Many wanted to take a look at the woman who had been accused of shooting her own children. It appears that no one really knows where Steve lives or if he still has contact with his children, as he wants to stay as far away from the media as possible. Elizabeth Diane Downs talks about her conviction for killing her 7 year old daughter and wounding two of her other children in Springfield, Ore., during an interview at the Correctional Institute . Sadly, the investigators never located the weapon. Christie spent most of her childhood with bad memories. A policeman in the garden of 10 Rillington Place in Notting Hill, London, where police found human bones buried a few inches under the soil. This meant that she was sentenced to life behind bars as well as an additional 50 years in prison. It appeared the distance was too much to handle and caused them to split. So what happens when theyre the ones who try to end your life? Wilhite continued to add that Christies pupils were dilated and how her blood pressure was non-existent or very low. To top all of this off, Wilhite stated that Christie was not breathing and was white, leading many to think that the eight-year-old was moments from passing away. See Downs v. Schiedler, 124 Or.App. The trial court stated that Pond was just as likely confused as evasive in his testimony. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. A little over a month since the start of the trial, on June 17, 1984, they announced they found Diane Downs guilty on all three charges. Daniel and I survived but we sustained permanent 17 injuries. In this 1983 KMTR file video, Diane Downs "reenacts" the infamous shooting. It's hard to say exactly what convicted Diane Downs in the shooting of her children, a terrible event that played out on a dark night exactly 30 years ago, in 1983. Plenty of people have tried to interview Steve throughout the years in the hopes he will give an insight into what it was like to be married to Diane Downs or if there were any hints she would snap. 1454, 113 L.Ed.2d 517 (1991)). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. We may affirm on any ground supported by the record, even if it differs from the district court's rationale. 103, 2 L.Ed.2d 9 (1957) (per curiam). 3469, 77 L.Ed.2d 1201 (1983). Its said the youngster told one of her grandparents neighbors that she was afraid of her mother and what might happen to the family. 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. At least, thats what The Sun reports. All rights reserved. The family was driving in Oregon when something unimaginable happened. Author Ann Rule told Heavy that Danny is a computer whiz who loves to play video games in his spare time.. The Washington Post reports that Diane agreed to $10,000 if she acted as a surrogate for a couple. Downs also contends that the state's lengthy effort to revive the memory of Christie, the only eyewitness, involved suggestive questioning and improper influence which resulted in tainted testimony and denied her a fair trial. Christie Downs was the one left in charge. Upon defense counsel's objection, the prosecutor apologized and immediately changed the topic. However, the phone call was enough to tell investigators that Diane had once been involved in an affair with the married father. La pareja se cas el 13 de noviembre de 1973. denied, 318 Or. He was one of many at the McKenzie-Willamette Medical Center and later opened up about it all to ABC. Danny was alive, but he had been horrifically injured. They were none other than Chris and Jackie Babcock, who renamed Amy as Rebecca instead. While they had to remain quiet, Diane did open up about it all in her various diaries. Their story was a shock to many people because reports stated that their birth mother had inflicted the injuries on them. 1194, 10 L.Ed.2d 215 (1963). The claim was raised, however, in the postconviction court and disposed of on summary judgment. Downs also contends that the state's lengthy effort to revive the memory of Christie, the only eyewitness, involved suggestive questioning and improper influence which resulted in tainted testimony and denied her a fair trial. However, the universe had more in store for the couple. He came in the form of Robert Knickerbocker, but there were several issues. In the end, the prosecutor kept fighting until Diane was moved as far away as possible. As for the notes of the early interview of Christie in which, due to her aphasia, she was able to respond only by opening or closing her eyes, they indicate only that at that time Christie did not know that she had been hurt. Tragically, it was the case for Christie Downs. 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. 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. Little recalled her . The attorney added that Diane continues to fabricate new versions of events. Apparently, she often changes who it was who attacked the family, sometimes stating it was illegal substance dealers or men wearing ski masks. Decades have passed, but the effects of that day still seem to live with Danny. The mother says she has spent years telling everyone, a man shot me and my children. Diane also added, I have never changed my story, but it wasnt enough. Robert claimed she stalked him before leaving for Oregon. On cross-examination, the prosecutor asked Downs, You were labeled a deviant sociopath by the tests [Dr. Jamison] gave you? She answered, I don't know She didn't discuss names. Copyright 2023, Thomson Reuters. Instead, they were concerned about how the mother was behaving after being through such a traumatic event with her three children. 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. 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. Here, it seems Diane admitted to falling for her new man and documented how far she would go for Robert. The bullet in his back meant the youngster was paralyzed from the waist down. "The only non-circumstantial evidence in support of the allegation that Ms. Downs shot her children was the testimony of Christie Downs, who was coached for almost a year by former Lane County District Attorney Fred Hugi. Diane Downs followed in her fathers footsteps by getting a job with the United States Postal Service and was often out of the house for hours at a time. 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. Debby Wong/Shutterstock. Downs testified that her tire was fully inflated upon arrival in her driveway, during the altercation, and before Gillihan went to her tire. We review the court's factual findings for clear error, Houston, 177 F.3d at 905, and we presume the state court's factual determinations to be correct. According to Robert, this even saw Diane go as far as to threaten his wife. 1214 (1996), the provisions of that Act control. If she buckled under pressure, it would hurt the State's case. It appears he thought Diane would forget all about the affair and eventually find someone new to romance, leaving Robert to live his life. Diane Downs was kept in custody as the authorities prepared the trial, which eventually started on May 8, 1984. They believed this was a piece of the puzzle but had to find the other details to put it all together. The original sentence meant that Diane Downs was able to apply for parole in 2009. Believe it or not, but it didnt take long for Diane Downs to have enough of being behind bars. 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. Downs also argues that trial counsel's failure to challenge the competency of Christie's testimony denied her effective assistance. The judge also ruled that Diane Downs would have to serve at least 25 years before she could be considered for parole, but that wasnt the end. Counsel's decision not to seek a mistrial in the fourth week of what turned out to be a six-week trial was a tactical judgment, as was counsel's decision not to call Dr. Jamison to rebut the question's implication. Last month Christie Downs had 13 properties available for rent and 10 properties for sale. Diane Downs gave birth to four children. 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. In addition, Pond did retain reports on certain people who eventually became defense witnesses and he appears to have incorporated many of his notes into various reports, some of which Downs received. He admitted to investigators that he was instantly relieved when Diane left. Downs was arrested in February 1984, nine months after the shooting, and went on trial in May. They also wanted to strengthen their case to prove what Diane was really like as a person. 2052. Public Health Committee. Diane Downs WikiMili The Best Wikipedia Reader. 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. The district court retains discretion whether to hold one. Still, there was only so much they could legally do. The email address cannot be subscribed. However, many couldnt believe their eyes when they saw Diane was pregnant as she arrived at the trial. See Cardwell v. Greene, 152 F.3d 331, 338-39 (4th Cir.1998) (We have long held that the need for an evidentiary hearing may be obviated by expansion of the record). It granted relief on two claims related to restitution and sentencing and denied Downs's remaining claims. Witnesses? Also, even before Christie's life begins she faces many troubles. We review the district court's denial of the petition de novo. The murder weapon was never recovered. FAILURE TO USE STATE'S FINGERPRINT REPORT. Here, the police theorize that Diane turned and shot each of her children once before firing the gun at her forearm to make it look like she fought off the attacker. The state court granted the state's summary judgment motion on this claim. The pair tied the knot on November 13, 1973. Thankfully, things went so well that Christie and Danny were adopted in 1986. English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . 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 . Today, the story of the siblings continues to be a worldwide discussion, with many wondering what happened to them after their ordeal. During the trial, the state brought out their star witness, Downs' 8-year old daughter Christie. DESTRUCTION OF DEPUTY POND'S HANDWRITTEN NOTES. Diane says that she drove at high speed as she knew everyones lives hung in the balance. Brady does not require a prosecutor to turn over files reflecting leads and ongoing investigations where no exonerating or impeaching evidence has turned up.
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