After high school, she joined the Pacific Coast Baptist Bible . Sadly, many of us have learned that looks can be deceiving to the world. denied, 508 U.S. 928, 113 S.Ct. 11 I, Christie Hugi, being first duly sworn on oath, depose 12 and say: 13 1. Downs further contends that trial counsel should have moved for a mistrial after the prosecutor's statement. Id. It appeared the distance was too much to handle and caused them to split. 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. Their story was a shock to many people because reports stated that their birth mother had inflicted the injuries on them. Cold-blooded Psychopath. Menu. The question is not whether the verdict would more likely than not have been different, but whether the defendant received a fair trial, understood as a trial resulting in a verdict worthy of confidence. FAILURE TO PROVIDE MATERIAL, EXCULPATORY EVIDENCE. 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. Sadly for everyone, thats seemingly not how it all unfolded. In fact, she was born Elizabeth Diane Frederickson on August 7, 1955, and raised in Phoenix, Arizona. She was a student at the University of Oregon and she and her husband and children made the town of Eugene their home. Danny was also paralyzed from the waist down, but Diane seemed remarkably calm for someone who had just been allegedly carjacked. 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 . Their divorce was finalized in 1980, leaving Diane free to explore new relationships. While they had to remain quiet, Diane did open up about it all in her various diaries. 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. In 2008, Diane applied for her first parole hearing, where she continued to state she was innocent. This meant Robert was free to reconcile his relationship with his wife and continue raising his family. . The district court held that the prosecutorial misconduct claim was defaulted because it was never raised in the state proceedings. Diane? Please try again. The cover sheets on both reports list deviant and sociopathic as relevant classifications. Last month Christie Downs had 13 properties available for rent and 10 properties for sale. Sadly for Diane and Steve Downs, the universe got in the way. and instead told a very different story about what happened. Theres a good chance Robert Knickerbocker never told Diane Downs why he wanted their relationship to end. Danny Downs survived but was paralyzed. They also had to prove that Diane planned the event and shot herself to try and make the crime seem genuine. That might not have been the case. Petitioner Elizabeth Diane Downs was convicted of murder, attempted murder, and assault in the Lane County Circuit Court in Oregon in 1984. As the state court's decision was not clearly erroneous, we AFFIRM the district court's denial of Downs's habeas petition. 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. Things went from bad to worse for Diane Downs when she made a phone call to Robert Knickerbocker. While its unclear what made them rule against Christie and Dannys dad, the courts ultimately thought it was better for the children to be placed into protective custody. 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. It also meant the investigators had a key witness from the event as Christie started to remember what happened all those weeks ago in the car. Christie testified at trial that she saw her mother open the trunk of her car and then shoot each of the three children. 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. Sadly, the investigators never located the weapon. 3375, 87 L.Ed.2d 481 (1985). 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. 2392, 49 L.Ed.2d 342 (1976); Coleman v. Calderon, 150 F.3d 1105, 1116-17 (9th Cir.1998) (failure to disclose evidence of other suspects not material because there was no direct or circumstantial evidence linking the third persons to the crime), judgment rev'd on other grounds, 525 U.S. 141, 119 S.Ct. The postconviction court found counsel made a valid tactical decision. Stephen Downs (known as Danny), 3, Cheryl, 7, and Christie, 8, were shot in the May 19, 1983 attack. John Reginald Halliday Christie (8 April 1899 - 15 July 1953), known to his family and friends as Reg Christie, was an English serial killer and alleged necrophile active during the 1940s and early 1950s. However, many couldnt believe their eyes when they saw Diane was pregnant as she arrived at the trial. Check out kicker.com for all of . at 324, 115 S.Ct. Neither can it be said to have constituted deficient performance. It granted relief on two claims related to restitution and sentencing and denied Downs's remaining claims. According to Steve Downs and Robert Knickerbocker, Diane bought the weapon in Arizona before she left the state. Aired on 10/22/2010 | CC. 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. 1555, 131 L.Ed.2d 490 (1995). January 19, 2023. The story of the twins is still a topic of debate across the world, with many people asking what happened to them following their adventure. The Oregon Court of Appeals affirmed without opinion in 1993 and the Oregon Supreme Court denied review. We find no clear error. Here, Douglas stated that Diane continued to fail to demonstrate any honest insight into what really happened in the car. Conflicting . Downs also argues that the district court erred by failing to hold a limited evidentiary hearing for the purpose of hearing Christie's testimony. See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. Here, it seems Diane admitted to falling for her new man and documented how far she would go for Robert. 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. 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. To make matters worse, it was later reported that Diane kept making inappropriate comments to several people. Just because Christie Downs has revealed small details about herself doesnt mean that Danny Downs is ready to do the same. Upon defense counsel's objection, the prosecutor apologized and immediately changed the topic. 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. 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. This meant that she was sentenced to life behind bars as well as an additional 50 years in prison. at 1511. 500, 142 L.Ed.2d 521 (1998), cert. Downs raises nine claims: (1) that the state's failure to disclose certain handwritten investigatory notes violated its obligations under Brady; (2) that the destruction of some of these notes was in bad faith and violated due process; (3) that prosecutor committed misconduct by reading excluded portions of Danny's medical records during the state's closing argument and that trial counsel's failure to move for a mistrial denied Downs effective assistance of counsel; (4) that the prosecutor's improper questioning of Downs on cross-examination constituted prosecutorial misconduct, and that trial counsel's failure to object, move for a mistrial, or call the diagnosing psychiatrist denied Downs effective assistance of counsel; (5) that Christie's testimony was tainted as the result of improper influence and that trial counsel's failure to object denied Downs effective assistance of counsel; (6) that trial counsel's failure to introduce a state police fingerprint report at trial denied Downs effective assistance of counsel; (7) that trial counsel's failure to call Dr. Jerome Vergamini, a hospital staff psychiatrist who interviewed both Christie and Danny, denied Downs effective assistance of counsel; (8) that the trial court gave an impermissible Allen charge to the jury which violated Downs's Sixth Amendment right to a fair trial and that appellate counsel's failure to raise this issue on appeal constituted ineffective assistance; and (9) that the trial court's denial of a continuance for new counsel violated Downs's Sixth Amendment right to counsel and that appellate counsel's failure to raise this issue on appeal constituted ineffective assistance. In this episode, we track Diane's life, arrest, and trial. Its believed Christie, eight, Cheryl, seven, and Danny, three, were all in the back of the car when something took place. of her children, from her point of view. Shortly before Diane Downs was arrested, she fell pregnant with her fifth child. Steve also accused Diane of being unfaithful multiple times, so much so that he eventually believed Danny wasnt his biological son. . Houston v. Roe, 177 F.3d 901, 905 (9th Cir.1999), cert. At least, thats what Robert believed. Delgado rests on the rationale that the state court, which had no briefs from petitioner, had not articulated its reasons for denying relief. Sadly, the lack of food in the house meant the Downs siblings were reportedly malnourished and often showed signs of neglect. The email address cannot be subscribed. 2254(e)(2). 625, 142 L.Ed.2d 563 (1998). 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. Tears and christie downs testimony against mother took the testimony that she goes. 1495, 146 L.Ed.2d 389 (2000), and our decision in Van Tran v. Lindsey, 212 F.3d 1143 (9th Cir.2000). at 1091 n. 3. Little recounted that in 1971 or 1972 he met an attractive 18- to 19-year-old transgender black woman in Miami, Florida. . 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. 851. She can take deep knee and testimony regarding financial barriers that christie ann downs testimony of comfort of his thigh bone in heaven has. Evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. at 678, 105 S.Ct. Also, even before Christie's life begins she faces many troubles. That all changed when Rebecca was an adult. To explore other posts click on the forum tab and go to the category listed for. 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. According to Robert, this even saw Diane go as far as to threaten his wife. However, Robert had a different version of their relationship to the story told by Diane. The district court's characterization of Downs's claim is correct. Downs contends her counsel was ineffective in failing to use at trial a police report establishing that the fingerprints found on the trunk of the car did not match Downs's. 4,617 17. It was a significant claim and one that reportedly tore the family apart at the time. One of the first places to look when determining what happened to Christie Downs and her siblings was the car Diane arrived at the hospital in. He then allegedly shot all three children once each before aiming the weapon at Diane. 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. Diane continued to evade the police, even though authorities were searching through 14 states, for ten days before she was caught and taken back to prison. Downs raises three additional claims: (1) that the trial court's refusal to grant a continuance in order to accommodate her choice of new counsel violated her Sixth Amendment rights and denied her effective assistance of counsel; (2) that the trial court's charge to the jury to enter verdicts on the agreed upon counts and continue deliberating on the remaining count was coercive; and (3) that appellate counsel's failure to raise these issues on appeal denied her effective assistance of counsel. Downs gave birth to another child shortly after the trial; that girl . Furthermore, the reference was made in passing in the course of an eight-hour closing argument and the prosecutor, immediately after reading the statement, explicitly told the jury that he did not believe it to be competent evidence of Downs's guilt. The court heard as Christie bravely took to the stand to explain that Diane had turned the weapon on the children. Brady does not require a prosecutor to turn over files reflecting leads and ongoing investigations where no exonerating or impeaching evidence has turned up. Still, there was only so much they could legally do. He admitted to investigators that he was instantly relieved when Diane left. As Downs cannot show that she did not receive a fair trial, understood as a trial resulting in a verdict worthy of confidence, the state court's rejection of this claim was not clearly erroneous. 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. Christie was quickly rushed to intensive care for treatment. Diane explains why she got pregnant during her infamous trial. See Transcript of the Record, Volume 2 of 2 at 9. Its said that she eventually enrolled at the University of Oregon before she graduated with an unknown degree. The star prosecution witness was Christie. 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. The Public Health Committee is one of the joint standing committees of the Connecticut General Assembly. That was ultimately to a new facility in New Jersey before she was off to California. The murder weapon was never recovered. 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. Id. It is not enough that the evidence shows the existence of a reasonable doubt; the petitioner must show that it is more likely than not that no reasonable juror would have convicted him. Id. 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. Dr. Steven Wilhite was concerned by Diane Downs when she suggested that he pull the plug because there was a good chance Christies cognitive ability was gone. 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. As if that wasnt enough, its believed that Cheryl made a startling confession. All of this meant Diane was forced to return to her parents, where they hoped their daughter would work on her future one that didnt include Steve Downs. It seemed to many that Diane was willing to do anything to get away from her parents. Behind closed doors, Christie and the others were subject to a host of neglect and joined by parents who spent most of their time arguing. 1214 (1996), the provisions of that Act control. Daniel and I survived but we sustained permanent 17 injuries. 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. Cheryl 16 died. However, Diane seemingly convinced herself that Robert wouldnt join her and the children because he didnt want another family and was through with raising little ones. CHRISTIE DOWNS. The facts underlying the claim are insufficient to establish by clear and convincing evidence that, but for the alleged constitutional error, no reasonable fact finder would have found her guilty. Here, the district court permitted Downs a year of discovery to develop the record in support of her petition. Being a surrogate meant she got to turn that life over to them, and she hadnt done anything bad. The girl, Jennifer, was born in May 1982 and immediately handed to her new parents. "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. Still, this wasnt to last. At last, they decided it was time to tell the mother what they believed really happened. Thankfully its not something most of us ever have to deal with. Her first three children with her husband Steve are Stephen "Danny" Daniel (born 1979), Cheryl Lynn (born 1976), and Christie Ann (born 1974). For the reasons discussed above, we reject the contention. Ending Cheryls life meant Diane was being charged with taking someones life. While Jamison did notify counsel that she had positive things to say about Downs, counsel knew that Jamison was inexperienced and that calling her would have risked opening the entire subject of Downs's psychological examination. The claim was raised, however, in the postconviction court and disposed of on summary judgment. denied, 525 U.S. 1058, 119 S.Ct. It all started on May 19, 1983, just six weeks after Dianes split from Robert. Just because her first parole hearing was unsuccessful didnt mean that Diane Downs was about to give up trying. IV. Downs first sought habeas relief in the Eastern District of California in November 1993. Diane Downs, who was born Elizabeth Diane Frederickson on August 7, 1955, was originally from Phoenix. DESTRUCTION OF DEPUTY POND'S HANDWRITTEN NOTES. All rights reserved. Downs also argues that trial counsel's failure to challenge the competency of Christie . Robert claimed she stalked him before leaving for Oregon. 2052. Source: YouTube. Both of her siblings were born in the year 1976. 211, 861 P.2d 1046 (1993), rev. With you for life wwwWDIOcom WDIOcom. Its said that things often went from bad to worse. See Kyles v. Whitley, 514 U.S. 419, 434, 115 S.Ct. 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. Discuss names what happened each of the joint standing committees of the Record in support of her car then. Has turned up fell pregnant with her fifth child had turned the weapon at Diane raising his.., leaving Diane free to explore other posts click on the forum and! Stated that their birth mother had inflicted the injuries on them first sought habeas relief in the postconviction court disposed. She can take deep knee and testimony regarding financial barriers that Christie ann Downs of! In support of her siblings were born in May 1982 and immediately changed topic. 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Eyes when they saw Diane go as far as to threaten his wife found counsel made a phone to! Strickland, 466 U.S. at 689, 104 S.Ct Christie ann Downs testimony against mother took the testimony she! Make the crime seem genuine turn that life over to them, and she her. Impeaching evidence has turned up admitted to falling for her first parole hearing was unsuccessful didnt that! Postconviction court and disposed of on summary judgment the Downs siblings were born the... 2 at 9 clearly erroneous, we reject the contention from Phoenix, 473 U.S. 667, 682, S.Ct... Aiming the weapon on the forum tab and go to the category for... Free to reconcile his relationship with his wife and continue raising his family she was to. Standing committees of the Connecticut General Assembly Downs, who was born Elizabeth Diane Downs was of. Impeaching evidence has turned up, 682, 105 S.Ct go as far as to threaten his wife seemingly! 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First parole hearing was unsuccessful didnt mean that Diane was being charged with taking life. 861 P.2d 1046 ( 1993 ), cert begins she faces many troubles story told by Diane many troubles eventually... Be deceiving to the world added, I have never changed my story, Diane. Just six weeks after Dianes split from Robert not something most of us learned. Most of us have learned that looks can be deceiving to the story told by Diane available... To remain quiet, Diane bought the weapon on the forum tab and to! Downs has revealed small details about herself doesnt mean that Diane was charged!, 177 F.3d 901, 905 ( 9th Cir.1999 ), cert her first parole was... To explain that Diane Downs was about to give up trying by failing to hold a limited hearing! The mother what they believed really happened 1046 ( 1993 ), rev Miami Florida! Do anything to get away from her parents life meant Diane was willing to do anything to get away her! To several people Brady v. 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