Elizabeth Diane DOWNS, Petitioner-Appellant, v. Sonia HOYT, Respondent-Appellee. That was until she later spoke out against her own father. She attended the University of Oregon and lived in the town with her husband and children. See Downs v. Schiedler, 124 Or.App. 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. Its believed Christie, eight, Cheryl, seven, and Danny, three, were all in the back of the car when something took place. As if that wasnt enough, no one has spotted Steve Downs in public throughout the years or heard him talk about his surviving children, Christie and Danny. The problem? Everything seemed to be going perfectly for the Downs family as Diane was busy rebuilding a life for her children after divorcing their father. Christie spent most of her childhood with bad memories. Christie grew up in a family with her mom and dad and two siblings, Cheryl and Danny, and it appeared that they never had an issue. She was a student at the University of Oregon and she and her husband and children made the town of Eugene their home. Still, this wasnt to last. We offer a variety of spaces to hire for meetings and events of up to 80 people. They also had to prove that Diane planned the event and . 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. POST-TRIAL EVIDENCE IN THE 1983 CASE OF DIANE DOWNS:Many years after Diane Down's trial, additional evidence surfaced. 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. 2052. As the notes do not cast doubt on the verdict, the state court's rejection of this claim was not clearly erroneous. 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. However, the little girl who survived being shot by her mother was ultimately the one who brought her to justice. 2052. According to Heavy, Christie Downs has come a long way since she was shot by her mother and survived. 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. Even before that, her parents always quarreled around the children. 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. 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. Isaiah Chapter 41 Verses 10-13 . Christie murdered at least eight peopleincluding his wife, Ethelby strangling them in his flat at 10 Rillington Place, Notting Hill, London. 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. 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 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. Still, there was only so much they could legally do. Sadly, the investigators never located the weapon. 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. Diane with Danny, Christie and Cheryl. Many wanted to take a look at the woman who had been accused of shooting her own children. Select Download Format Christie Downs Testimony Transcript Download Christie Downs Testimony Transcript PDF Download Christie Downs Testimony Transcript DOC Ad nauseam to their opinion as i mean by the republican desire to. The postconviction court found that trial counsel had adequately reviewed all available evidence and dealt with it properly at trial. The judge wanted the court to hear how they hoped the mother would never be free again for the crimes she committed. Here, in contrast, the postconviction court stated its reasons in a three-page letter opinion followed by fourteen pages of findings on which judgment was entered, and the appellate courts had before them briefs fully presenting the merits. at 1091 n. 3. Buy Rent Sold Share New homes Find agents Lifestyle News Commercial. Danny and Christie Downs made headlines in the 80s when their mother took them to hospital with fatal bullet wounds. 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. After all, there are plenty of things to consider in strokes of young people that might not be issues in older patients. The doctor immediately knew he had to get to work. Downs's conviction was affirmed on appeal by the Oregon Court of Appeals without opinion and the Oregon Supreme Court denied review in 1987. 698, 733 P.2d 119 (1987), rev. It was a significant claim and one that reportedly tore the family apart at the time. Its said that she eventually enrolled at the University of Oregon before she graduated with an unknown degree. By the time Diane arrived at the hospital, her 7-year-old daughter, Cheryl, was dead. Even if the claim were properly before us, it cannot be said that this question, coming during a four-day cross-examination of Downs and dealing with her psychological state-a relevant matter-so infected the trial with unfairness that it denied her due process. The most that can be said of these materials is that they might have provided investigatory leads. 18 3.1 testitifed. Little did they know Diane had an ulterior motive. Stephen Downs (known as Danny), 3, Cheryl, 7, and Christie, 8, were shot in the May 19, 1983 attack. It seems Diane has been using every opportunity she can to be released ever since. Witnesses? English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . 1555, 131 L.Ed.2d 490 (1995). The notes also contained a record of an early interview with Christie in which she said that she did not know someone had injured her. The emergency room staff declared Cheryl dead at the scene and placed the other two in the hospital with . Moreover, even assuming Downs's claim could clear the hurdle posed by 2254(e)(2), the fact that a hearing would be permitted does not mean that it is required. Family Photo Diane Downs' children, Christie Downs (standing), Stephen "Danny" Downs (left), and Cheryl Downs (right). 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. 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. 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. Downs contends that Vergamini's testimony would have supported the argument that Christie's testimony had been improperly influenced by the prosecution. In1988, Oprah interviewed Diane Downs via satellite from prison after she was convicted of shooting her three children at point-blank range. (Downs was denied access to her daughter both before and after the trial. So what happens when theyre the ones who try to end your life? 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 . However, many couldnt believe their eyes when they saw Diane was pregnant as she arrived at the trial. The marks were from a .22 caliber Ruger semiautomatic pistol, the same make of a firearm which Downs had possessed and used previously. For one, they needed to ensure that she was mentally fit enough to stand trial and couldnt try and plead not guilty by reason of insanity. 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. FBI Director Chris Wray told lawmakers Tuesday that the FBI has not seen any evidence indicating that the rioters who took part in the January 6 US Capitol attack were "fake Trump protesters . 2052. Believe it or not, but it didnt take long for Diane Downs to have enough of being behind bars. The child was assessed by DCS and Downs was given permission to leave. "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. The district court retains discretion whether to hold one. 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. Sadly for Diane, none of them have even given the results she wants. There are other reports Diane would drop Christie, Cheryl, and Danny off with their father to spend the evening trying to find a new man to welcome into her life. Moreover Downs has failed to show that these materials had potential exculpatory value as required by California v. Trombetta, 467 U.S. 479, 489, 104 S.Ct. 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. We may affirm on any ground supported by the record, even if it differs from the district court's rationale. Christie testified at trial that she saw her mother open the trunk of her car and then shoot each of the three children. Sadly, the lack of food in the house meant the Downs siblings were reportedly malnourished and often showed signs of neglect. Having a stroke and being in a coma meant Christie Downs needed to learn how to talk again. 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 . Things have continued to go up for Christie Downs, as The Sun states she welcomed her first son in 2005 before welcoming a daughter years later who has been named in honor of Cheryl. Christie named her daughter Cheryl after her deceased sister. (Transcript Page 1350, lines 11-17) There are two VERY serious problems with that statement. Just because her first parole hearing was unsuccessful didnt mean that Diane Downs was about to give up trying. Little recounted that in 1971 or 1972 he met an attractive 18- to 19-year-old transgender black woman in Miami, Florida. 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. 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. However, one thing she left out of the interview was how she had a gun. 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. We therefore see no clear error in the rejection of this claim. We are satisfied that Downs's claims were adjudicated on the merits in State court proceedings. 28 U.S.C. Thankfully, it didnt take long for Robert to open up about his side of the story. Nov 02, 2008 #1. Accordingly, we conclude that Downs's gateway claim is without merit. Tragically, Diane explained that Christie had already suffered a stroke and was now unconscious in the back of the car. 1454, 113 L.Ed.2d 517 (1991)). The eldest of four children, Downs was raised with conservative values. 28 U.S.C. 3375. Theres a good chance Robert Knickerbocker never told Diane Downs why he wanted their relationship to end. 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. this subject. Accordingly, the state court's rejection of Downs's claim was not clearly erroneous. According to the interview, Diane admitted she had previously had a termination and lived every day thinking she had ended someones life. 10 Rillington Place - the dismal house in which Christie and Evans lived. We are a welcoming and caring place that offers social, recreational and educational activities. 1194, 10 L.Ed.2d 215 (1963). 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. Being a religious school likely meant there were even more rules in place than in other colleges. The state court granted the state's summary judgment motion on this claim. Often neglected and abused by Diane Downs, the children were dealt yet another indignity by their mother. It appears the judge stuck to their word, as Diane has been denied early release every time. Christie Downs is a southern suburb located in the more outer parts of the Adelaide Metropolitan area. Thankfully, things went so well that Christie and Danny were adopted in 1986. After permitting Downs to conduct discovery and expand the record, the district court denied the petition without a hearing on February 8, 1999. All rights reserved. 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. Then she met Steve Downs at Moon Valley High School. She signed up at the Pacific Coast Baptist Bible College in Orange, California. denied, 525 U.S. 1058, 119 S.Ct. 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. 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. Moving across the country was supposed to mean Diane and Robert could be together without raising any eyebrows. Her escape and evading the law meant Diane was eventually sentenced to an additional five years. We review the district court's denial of the petition de novo. The revelation was included in transcripts of Ms. Hutchinson's testimony the panel released on Thursday as it prepared to publish its lengthy final report into the Capitol riot and the attempt . The pair tied the knot on November 13, 1973. 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. The family was driving in Oregon when something unimaginable happened. The claim was raised, however, in the postconviction court and disposed of on summary judgment. See Lindh v. Murphy, 521 U.S. 320, 326, 117 S.Ct. Ultimately, Diane was diagnosed with a host of mental issues, such as antisocial, histrionic, and narcissistic personality disorders. DESTRUCTION OF DEPUTY POND'S HANDWRITTEN NOTES. This was another aspect that made them suspicious, as Diane Downs seemingly walked away with few injuries from the alleged attack on the car. 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. 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. Tactical decisions after consultation with the client are virtually unchallengeable. Id. However, he has largely stayed away from all the press. See Michigan v. Long, 463 U.S. 1032, 1041, 103 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. Dr. Hyman.pdf - Diane Downs. She would later confess that her local postal worker's father had molested her when she was a young child. The state court found that trial counsel, after conferring with Downs, made a valid tactical judgment not to seek a mistrial and that the prosecutor's action was not in fact ground for a mistrial. Robb, Judge . Author Ann Rule told Heavy that Danny is a computer whiz who loves to play video games in his spare time.. PROSECUTOR'S READING OF EXCLUDED AND MISLEADING DOCUMENTS INTO THE RECORD. Melding of her then While Diane Downs was busy sticking to her original story, the investigators created a scene they believed happened. What the world didnt know was about all the lies and deceit going on behind closed doors. 2254(e)(1). Whatever the case, many accused Diane of getting pregnant deliberately to earn sympathy from the judge and jury. 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. Christie told Vergamini that she did not remember the shooting and that she was genuinely confused about what happened. denied, 303 Or. Source: YouTube. Two chilling words: My mom. The investigators immediately knew they had everything they needed to charge Diane. DIANE DOWNS CRIME SCENE EVIDENCE - PART 1 - VEHICLE. 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