However, the universe had more in store for the couple. No one is really sure what happened during Diane Downs time at the Pacific Coast Baptist Bible College. Buy Rent Sold Share New homes Find agents Lifestyle News Commercial. Domain has 187 Real Estate Properties for Sale in Christie Downs, SA, 5164 & surrounding suburbs. 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. All we know is how Danny still goes about his daily routine. The murder weapon was never recovered. To start, investigators had no idea that Robert had once been romantically linked to Diane. See Lindh v. Murphy, 521 U.S. 320, 326, 117 S.Ct. Little recalled her . 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. Diane Downs WikiMili The Best Wikipedia Reader. Diane says that she drove at high speed as she knew everyones lives hung in the balance. 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. 370, 738 P.2d 199 (1987). It appears the judge stuck to their word, as Diane has been denied early release every time. Believe it or not, but it didnt take long for Diane Downs to have enough of being behind bars. Copyright 2023, Thomson Reuters. 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. Decades have passed, but the effects of that day still seem to live with Danny. 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. 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. Cheryl Downs died. Thankfully for the prosecutors, they also had a secret weapon up their sleeve: Christie Downs. Cheryl 16 died. PROSECUTOR'S REFERENCE TO DEVIANT SOCIOPATH DIAGNOSIS DURING CROSS-EXAMINATION. In Christie Downs, of people aged 15 years and over, 62.1% did unpaid domestic work in the week before the Census. The district court held that the prosecutorial misconduct claim was defaulted because it was never raised in the state proceedings. It seemed to many that Diane was willing to do anything to get away from her parents. Her escape and evading the law meant Diane was eventually sentenced to an additional five years. 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 . He admitted to investigators that he was instantly relieved when Diane left. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. To be credible, such a claim requires petitioner to support his allegations of constitutional error with new reliable evidence that was not presented at trial. Id. 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. Its believed Christie, eight, Cheryl, seven, and Danny, three, were all in the back of the car when something took place. This meant Robert was free to reconcile his relationship with his wife and continue raising his family. 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.. 2254(d). The eldest of four children, Downs was raised with conservative values. 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. 473 U.S. at 682, 105 S.Ct. On May 19, 1983, Elizabeth Diane Downs and her three small children were shot on a country road near Springfield, Oregon. 2254(e)(1). 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. It wasnt until the police managed to track down and speak to Robert Knickerbocker that they learned even more about Diane Downs private life. The most that can be said of these materials is that they might have provided investigatory leads. While the government may not suggest that information not in evidence supports its case, United States v. Badger, 983 F.2d 1443, 1455 (7th Cir.1993), cert. Nov 02, 2008 #1. including Cuomo's brother Chris and . As discussed above, Downs's Brady claim is not persuasive and so cannot support her gateway claim either. 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. However, many couldnt believe their eyes when they saw Diane was pregnant as she arrived at the trial. Eso no fue todo lo que se interpuso en su camino, ya que Diane finalmente se escap de casa. From there, she fled to the hospital to get help. 1454, 113 L.Ed.2d 517 (1991)). Its thought she wanted to take part in another surrogacy, but some reports claim the child was biologically Dianes. Christie named her daughter Cheryl after her deceased sister. Petitioner Elizabeth Diane Downs was convicted of murder, attempted murder, and assault in the Lane County Circuit Court in Oregon in 1984. John Reginald Halliday Christie. 1555, 131 L.Ed.2d 490 (1995). Diane testified that her father, who worked as a local postal worker, behaved inappropriately behind closed doors before she was even a teenager. Downs also argues that the district court erred by failing to hold a limited evidentiary hearing for the purpose of hearing Christie's testimony. 14 2. Many wanted to take a look at the woman who had been accused of shooting her own children. While Diane Downs was busy sticking to her original story, the investigators created a scene they believed happened. 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. According to the interview, Diane admitted she had previously had a termination and lived every day thinking she had ended someones life. During the trial, the state brought out their star witness, Downs' 8-year old daughter Christie. 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. 851 (quoting McCleskey v. Zant, 499 U.S. 467, 494, 111 S.Ct. 2052. at 324, 115 S.Ct. Still, this wasnt to last. She signed up at the Pacific Coast Baptist Bible College in Orange, California. denied, 508 U.S. 928, 113 S.Ct. I can't say what happened to me, is a blessing all can expect. Her 7-year old daughter Cheryl died but her 3-year old son Danny and her 8-year old daughter Christie survived. Elizabeth Diane DOWNS, Petitioner-Appellant, v. Sonia HOYT, Respondent-Appellee. 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. So what happens when theyre the ones who try to end your life? 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. All the arguments, teamed with new accusations of Diane Downs being unfaithful, meant that she and Steve soon went their separate ways. Cf. Here, investigators could immediately see that things just didnt add up. 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. Downs first contends that the state deprived her of evidence helpful to her defense. 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. Christie murdered at least eight peopleincluding his wife, Ethelby strangling them in his flat at 10 Rillington Place, Notting Hill, London. Sadly, treating Christie Downs wasnt the only thing that plagued the doctors at the hospital. Diane Downs gave birth to four children. Instead, they were concerned about how the mother was behaving after being through such a traumatic event with her three children. Its said that she eventually enrolled at the University of Oregon before she graduated with an unknown degree. 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. denied, 318 Or. Its said the youngster told one of her grandparents neighbors that she was afraid of her mother and what might happen to the family. Moving across the country was supposed to mean Diane and Robert could be together without raising any eyebrows. Still, falling for Steve gave her the confidence boost she so desperately needed. It was a huge accusation and one that didnt end well. and instead told a very different story about what happened. 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. at ray mother's trial. Even before that, her parents always quarreled around the children. 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. After all, they would be over 1,000 miles away from anyone they knew and could settle into the ideal family life. In 1983, eight-year-old Christie Downs miraculously survived after her mother Diane Downs shot her and her siblings, Danny and Cheryl, in the backseat of their car in Oregon. (B)the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable fact finder would have found the applicant guilty of the underlying offense. It has cognizance of all programs and matters relating to the Department of Public Health; the Department of Mental Health and Addiction Services and the Department of Developmental Services; the Office of Health Care Access; and all other matters relating to health . 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. However, one thing she left out of the interview was how she had a gun. 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. He confirmed the pair had been romantically involved back in Arizona. It appears he thought Diane would forget all about the affair and eventually find someone new to romance, leaving Robert to live his life. Downs testified that her tire was fully inflated upon arrival in her driveway, during the altercation, and before Gillihan went to her tire. Robert claimed she stalked him before leaving for Oregon. During the two weeks before the Census, 24.8% provided care for children and 11.6% assisted family members or others due to a disability, long term illness or problems related to old age. The state court granted the state's summary judgment motion on this claim. 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. Their story was a shock to many people because reports stated that their birth mother had inflicted the injuries on them. Upon defense counsel's objection, the prosecutor apologized and immediately changed the topic. The pair were both at the school throughout the 1970s, with The Cinemaholic reporting the couple quickly had a brief high school romance that saw them fall head over heels for one another. The girl's testimony convicted Downs even though ballistics tests proved she had not fired a gun. IN MEMORIAM. Christie, who miraculously survived the gunshots and became a prime witness against her mother, is now 48 years old. She was convicted of killing her 7-year-old daughter and trying to kill her two . The postconviction court found counsel made a valid tactical decision. She was followed by Cheryl, born on January 10, 1976, and Stephen Daniel Danny Downs, who entered the world on December 29, 1979. 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. The prosecution's suppression of evidence favorable to the accused violates due process when the evidence is material to guilt or to punishment. Thats because the forensic evidence didnt match her version of events and instead told a very different story about what happened. Delgado rests on the rationale that the state court, which had no briefs from petitioner, had not articulated its reasons for denying relief. Diane with Danny, Christie and Cheryl. 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. 2254(e)(2). Sadly, the investigators never located the weapon. See Downs v. Schiedler, 124 Or.App. Having a stroke before she arrived at the hospital meant Christie Downs was in a critical state. 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. Conflicting . 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. truecrimeguys.com Facebook Twitter: @TrueCrimeGuys Instagram: @TrueCrimeGuys Creeper Shirts & Coffee Mugs Creep Van Stickers! Asked if she remembered who shot her, she replied simply: "My mom." Blockbuster jailbreak. The bullet in his back meant the youngster was paralyzed from the waist down. 698, 733 P.2d 119 (1987), rev. 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. Challenge God to give you what you need to be used and needed by those in your condition, and the blessings will be yours as well as those you help. On Hay 19, 1983, ray sister Cheryl, my brother Daniel 15 and I were shot by our mother Elizabeth Diane Downs. 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. Shortly before Diane Downs was arrested, she fell pregnant with her fifth child. Arizona v. Youngblood, 488 U.S. 51, 58, 109 S.Ct. 1945, 123 L.Ed.2d 651 (1993). 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. Still, there was only so much they could legally do. 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. 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. New Jersey State of the State Address C-SPANorg. Id. She had already been discharged from the hospital but returned to visit Danny and Christie Downs, who were still fighting for their lives. Moreover, Downs has not shown prejudice, particularly as the prosecutor promptly dropped the line of inquiry and changed the topic. Debby Wong/Shutterstock. In fact, Steve has never released a statement. Blindsided How Christie used passive verbs to turn himself. 1194, 10 L.Ed.2d 215 (1963). Small Sacrifices A True Story of Passion and Murder by Ann. 333, 102 L.Ed.2d 281 (1988). 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. However, Diane will never be allowed out of prison if certain people have their way. 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. . Menu. 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. How does anyone know? The problem? The Cinemaholic continues to state that Steve was one of the only people who saw Diane as someone who was anxious and determined to assert her independence instead of someone most considered to be an outsider. As discussed above, the claim based on Christie's testimony fails to meet that test. Danny was also paralyzed from the waist down, but Diane seemed remarkably calm for someone who had just been allegedly carjacked. 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. 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. Downs's Strickland claim does not rise to the level of nonharmless constitutional error. We would like to show you a description here but the site won't allow us. Here, doctors were immediately greeted to a scene straight out of a horror movie, as the vehicle was filled with blood and three injured children all fighting for their lives. 103. One of the many harsh realities plenty have faced is that things dont always work out like they do in the movies. 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. Downs concedes that these claims were defaulted but relies on her claim of actual innocence to avoid the procedural default. In short, while Christie's youth, suggestibility, and medical condition (she was aphasic, or unable to communicate with speech, when she first awoke after the shooting) may have been a basis for challenging her credibility, there are no grounds for finding a due process violation. That petition was dismissed without prejudice for failure to exhaust state remedies. In this 1983 KMTR file video, Diane Downs "reenacts" the infamous shooting. 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. 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. They believed this was a piece of the puzzle but had to find the other details to put it all together. 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 Oregon Court of Appeals affirmed without opinion in 1993 and the Oregon Supreme Court denied review. If the doctors didnt act fast, there was a good chance that she might not make it out the other side. Ultimately, Diane was diagnosed with a host of mental issues, such as antisocial, histrionic, and narcissistic personality disorders. Sadly, being 25 years old, a single mother, and wanting a new love was a recipe for disaster for the Downs family. 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. The district court retains discretion whether to hold one. Its unclear who first suggested that Diane should move to Oregon with her children. at 329, 115 S.Ct. Just because her first parole hearing was unsuccessful didnt mean that Diane Downs was about to give up trying. 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. 3375. Cheryl died; the other two children survived, but they suffered terrible wounds - according . Public Health Committee. Its said that things often went from bad to worse. Diane? POST-TRIAL EVIDENCE IN THE 1983 CASE OF DIANE DOWNS:Many years after Diane Down's trial, additional evidence surfaced. As if that wasnt enough, its believed that Cheryl made a startling confession. Daniel and I survived but we sustained permanent 17 injuries. 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. 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