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. That all changed when Rebecca was an adult. United States Court of Appeals for the Third Circuit. The cover sheets on both reports list deviant and sociopathic as relevant classifications. Christie Downs is a southern suburb located in the more outer parts of the Adelaide Metropolitan area. Experts have for decades labeled Downs a narcissistic psychopath. The children had already been through a lot, and the idea that their mom was the one who did it to them could be enough to send them off the rails. 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. Trial counsel stated that he did not call Vergamini because it would have involved very little, if any, benefit and a great deal of risk and would have duplicated other testimony. Diane? It often meant Diane struggled to fit in. at 316, 115 S.Ct. Many wanted to take a look at the woman who had been accused of shooting her own children. denied, 528 U.S. 1159, 120 S.Ct. The state court's rejection of this claim was not clearly erroneous. this subject. 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. 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. RE-ENACTMENT. Please try again. He was one of many at the McKenzie-Willamette Medical Center and later opened up about it all to ABC. The postconviction court found that trial counsel had adequately reviewed all available evidence and dealt with it properly at trial. It appears the judge stuck to their word, as Diane has been denied early release every time. 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. It seemed to many that Diane was willing to do anything to get away from her parents. 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. Moreover, even if Downs could show deficient performance, the record does not establish a reasonable probability that, but for counsel's alleged ineffective performance, the result of the proceeding would have been different. Diane explained that someone tried to carjack her, but she managed to escape before getting her out of the vehicle. Small Sacrifices A True Story of Passion and Murder by Ann. From there, she fled to the hospital to get help. Its believed Christie, eight, Cheryl, seven, and Danny, three, were all in the back of the car when something took place. Christie Ann, born in 1974, is the eldest of the Downs children, and Stephen Daniel, known as Danny, born in 1979, is the youngest. EN. Although the womens facility upped all of its security measures to ensure that no one else ever escaped, it did little to put Freds mind at rest. 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. Christie Downs was the one left in charge. They also had to prove that Diane planned the event and shot herself to try and make the crime seem genuine. In 2005, the couple welcomed their first child, a . Christie downs testimony transcript A State of Paint. Dr. Hyman.pdf - Diane Downs. Sadly, being 25 years old, a single mother, and wanting a new love was a recipe for disaster for the Downs family. Downs contends that her due process rights were violated by Deputy Pond's destruction of his handwritten notes. All we do know is that things werent going well, even though it meant she was finally away from her family. Tragically, Cheryl Downs had already passed away when she arrived at the hospital. The State also presented Downs' testimony of the entire incident. 103, 2 L.Ed.2d 9 (1957) (per curiam). Some Facts About Diane Downs, Christie Downs's Mother. III. 3375. The problem? The team knew it was unlikely Danny Downs would ever be able to walk again, let alone the other effects of being shot. What the world didnt know was about all the lies and deceit going on behind closed doors. 1555, 131 L.Ed.2d 490 (1995). Downs further contends that trial counsel's failure to object, move for a mistrial, or call Dr. Jamison was ineffective assistance. After being in state custody for several months, the girl testified that her mother shot her and the other two children. The star prosecution witness was Christie. Here, the district court permitted Downs a year of discovery to develop the record in support of her petition. 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. Sadly, the lack of food in the house meant the Downs siblings were reportedly malnourished and often showed signs of neglect. Plus, she was just a baby when she was taken by the state, meaning Rebecca never got a chance to ask her biological mother any questions. denied, 525 U.S. 1058, 119 S.Ct. McDonald v. Johnson, 139 F.3d 1056, 1059-60 (5th Cir.1998). 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 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. Everything seemed to be going perfectly for the Downs family as Diane was busy rebuilding a life for her children after divorcing their father. (Transcript Page 1350, lines 11-17) There are two VERY serious problems with that statement. English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . Sadly for everyone, thats seemingly not how it all unfolded. 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 . The trial was held at Lane County, and the severity of the charges meant people across the nation were gripped by it all. However, the universe had more in store for the couple. Perhaps thats why reported promiscuous behavior meant Diane Downs was expelled from the college less than a year after she first signed up? However, she was taken from her mother by the State of Oregon ten days before Diane was sentenced and was quickly adopted by a new couple. Sadly for Diane, none of them have even given the results she wants. Copyright 2023, Thomson Reuters. In a recorded telephone interview, h. Her firstborn son was born in 2005. Downs then sought postconviction relief in state court. 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. Elizabeth Diane DOWNS, Petitioner-Appellant, v. Sonia HOYT, Respondent-Appellee. See Downs v. Schiedler, 124 Or.App. Source: YouTube. 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. Their story was a shock to many people because reports stated that their birth mother had inflicted the injuries on them. Her escape and evading the law meant Diane was eventually sentenced to an additional five years. 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. All the arguments, teamed with new accusations of Diane Downs being unfaithful, meant that she and Steve soon went their separate ways. Its thought she wanted to take part in another surrogacy, but some reports claim the child was biologically Dianes. See Kyles v. Whitley, 514 U.S. 419, 434, 115 S.Ct. 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. With Diane Downs behind bars, it meant Christie and Danny Downs needed to find somewhere new to call home. In fact, Steve has never released a statement. 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. 1168, 145 L.Ed.2d 1078 (2000). 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 publication reports that Christie has had no contact with her mom since the events that changed her life. She filed the instant petition in the district court in Oregon on June 25, 1996, and filed an amended petition containing nine claims on January 17, 1997. 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. Its said that she eventually enrolled at the University of Oregon before she graduated with an unknown degree. Nov 02, 2008 #1. See Transcript of the Record, Volume 2 of 2 at 9. She would later confess that her local postal worker's father had molested her when she was a young child. March down based violence is widely from christie downs most importantly, video for you cancel any way. The police arrested Diane nine months after shooting her three children and read out the charges. For the reasons discussed above, we reject the contention. 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. Suddenly, they had three more mouths to feed alongside the responsibility of raising the children while constantly battling Dianes parents. All we know is how Danny still goes about his daily routine. 3375. Within three weeks, Diane had lost custody of her remaining wounded children and had become the number one . The court heard as Christie bravely took to the stand to explain that Diane had turned the weapon on the children. 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. Sadly, it only made things worse for the pair. Downs's gun was last seen in her possession in 1983. 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. 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. No one was entirely sure why the mom wanted to leave a stable job and being surrounded by her friends and family. 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. It was a suspicion that ultimately had tragic consequences for the Downs family. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. at 694, 104 S.Ct. Christie testified at trial that she saw her mother open the trunk of her car and then shoot each of the three children. 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 . It didnt take long for Rebecca to question everything about Diane Downs and what made her commit the horrific crime in the first place. Downs argues that she was barred from deposing Christie before trial and then from calling her as a postconviction witness. 14 2. That was ultimately to a new facility in New Jersey before she was off to California. . By the time Diane arrived at the hospital, her 7-year-old daughter, Cheryl, was dead. In 1983, the country's attention was captured by the story of Diane Downs, a woman who shot her three children at point-blank range and then got pregnant again before going on trial. New Jersey State of the State Address C-SPANorg. It granted relief on two claims related to restitution and sentencing and denied Downs's remaining claims. Downs further contends that trial counsel's failure to object to the competency of Christie's testimony constituted ineffective assistance. Tragically, its also reported that Danny still lives partially paralyzed, something thats unlikely to ever change. at 1091 n. 3. Christie Sweeney Faculty & Staff Plymouth State University. Her 7-year old daughter Cheryl died but her 3-year old son Danny and her 8-year old daughter Christie survived. 582, 873 P.2d 321 (1994). Eight-year-old Christie had lost so much blood she suffered a stroke, and . Whatever the case, many accused Diane of getting pregnant deliberately to earn sympathy from the judge and jury. 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. Upon defense counsel's objection, the prosecutor apologized and immediately changed the topic. Amy Elizabeth was born just one month after Diane was on trial in 1984. FAILURE TO PROVIDE MATERIAL, EXCULPATORY EVIDENCE. The prosecution heavily relied on Christie Downs' testimony, while Diane pleaded her innocence. It seems Diane has been using every opportunity she can to be released ever since. at 329, 115 S.Ct. This is the official facebook site for Christie Downs Primary School, a. 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. 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. Tragically, it was the case for Christie Downs. Id. Its believed that Christie Downs, who was just seven years old, would often be left in charge of her younger siblings with no other adults around. Downs's argument that bad faith may be inferred from the facts that the trial court was uncomfortable with Pond's veracity and demeanor; that Pond's testimony about the number of reports and handwritten notes was contradicted by the large number later found after the district court's discovery order; and that the destruction appeared to have been selective, i.e., that the only handwritten notes missing from Pond's file are those relating to suspects other than Downs, is not persuasive. 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. Tears and christie downs testimony against mother took the testimony that she goes. Delgado rests on the rationale that the state court, which had no briefs from petitioner, had not articulated its reasons for denying relief. According to Steve Downs and Robert Knickerbocker, Diane bought the weapon in Arizona before she left the state. 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. Debbie and Christie's father Dennis had Christie's remains cremated. Aired on 10/22/2010 | CC. According to Robert, this even saw Diane go as far as to threaten his wife. Hospital workers and investigators believed that Diane Downs was too calm and knew it was more than just the shock of what had happened. The family was driving in Oregon when something unimaginable happened. On May 19, 1983, Elizabeth Diane Downs and her three small children were shot on a country road near Springfield, Oregon. 851. He came in the form of Robert Knickerbocker, but there were several issues. Diane Downs wasnt always known by that name. He admitted to investigators that he was instantly relieved when Diane left. 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 the interview, Diane admitted she had previously had a termination and lived every day thinking she had ended someones life. 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. Transcript of Civil Rules Public Hearing (pdf) Phoenix, AZ - January 4, 2017. 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. Eventually, Diane Downs enrolled at Moon Valley High School in Phoenix, where she met and fell for Steve Downs. 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. 1194, 10 L.Ed.2d 215 (1963). 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