Even before that, her parents always quarreled around the children. PROSECUTOR'S REFERENCE TO DEVIANT SOCIOPATH DIAGNOSIS DURING CROSS-EXAMINATION. Christie's response: "My mom." The doctor immediately knew he had to get to work. FAILURE TO USE STATE'S FINGERPRINT REPORT. Downs first sought habeas relief in the Eastern District of California in November 1993. Downs further contends that trial counsel's failure to object to the competency of Christie's testimony constituted ineffective assistance. denied, 318 Or. Downs also argues that the district court erred by failing to hold a limited evidentiary hearing for the purpose of hearing Christie's testimony. He admitted to investigators that he was instantly relieved when Diane left. 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. So what happens when theyre the ones who try to end your life? No one was entirely sure why the mom wanted to leave a stable job and being surrounded by her friends and family. The couple reportedly often argued about money and how they would pay the bills. 1214 (1996), the provisions of that Act control. 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. Moving across the country was supposed to mean Diane and Robert could be together without raising any eyebrows. Diane Downs fell pregnant just a couple of months later, welcoming Christie Downs on October 7, 1974. Often neglected and abused by Diane Downs, the children were dealt yet another indignity by their mother. After all, it was something they would never escape. Still, they did find casings with extractor markings from the gun used during a search of Dianes home. Cheryl 16 died. Having a stroke and being in a coma meant Christie Downs needed to learn how to talk again. . 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. United States Court of Appeals for the Third Circuit. The emergency room staff declared Cheryl dead at the scene and placed the other two in the hospital with . 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. In1988, Oprah interviewed Diane Downs via satellite from prison after she was convicted of shooting her three children at point-blank range. 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. Christie spent most of her childhood with bad memories. September 27, 2016. 12494 sold properties in Christie Downs, SA 5164. In 2008, Diane applied for her first parole hearing, where she continued to state she was innocent. 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. Diane with Danny, Christie and Cheryl. He was one of many at the McKenzie-Willamette Medical Center and later opened up about it all to ABC. The jury found that she fatally shot one of her children, Cheryl, then age seven, and seriously wounded the other two, Christie and Danny, then ages eight and three. 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. For the reasons discussed above, we reject the contention. Christie downs testimony transcript A State of Paint. 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.. 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. Sadly, it only made things worse for the pair. Transcript of Civil Rules Public Hearing (pdf) Phoenix, AZ - January 4, 2017. Accordingly, we conclude that Downs's gateway claim is without merit. You have the Colonnades Shopping Centre . Diane was just 18 years old but determined to get married. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 178 were here. Danny was also paralyzed from the waist down, but Diane seemed remarkably calm for someone who had just been allegedly carjacked. Additional Transcripts and Exhibits Will Continue to Be Released on Rolling Basis NEW YORK - The Office of the Attorney General (OAG) today continued the rolling release of transcripts and corresponding exhibits from the independent investigation into sexual harassment allegations against former New York Governor Andrew Cuomo . 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. On May 19, 1983, Elizabeth Diane Downs and her three small children were shot on a country road near Springfield, Oregon. Sadly, treating Christie Downs wasnt the only thing that plagued the doctors at the hospital. 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. We review the district court's denial of the petition de novo. Small Sacrifices A True Story of Passion and Murder by Ann. III. However, this wasnt because they were trying to treat her own gunshot wound. Like many children, it seems that Diane was known in the neighborhood and appeared to be a happy child. Diane explained that someone tried to carjack her, but she managed to escape before getting her out of the vehicle. John Reginald Halliday Christie. Sadly, the lack of food in the house meant the Downs siblings were reportedly malnourished and often showed signs of neglect. 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. We would like to show you a description here but the site won't allow us. Tragically, thats where things took an even darker turn that would ultimately be enough to rip the siblings apart. EN. 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. In the end, Diane and Steve Downs decided to go their separate ways. The most that can be said of these materials is that they might have provided investigatory leads. Here, investigators could immediately see that things just didnt add up. denied, 507 U.S. 1051, 113 S.Ct. To overcome the procedural bar, Downs's Strickland and Brady claims must be so substantial as to bring the case within the narrow class of cases implicating a fundamental miscarriage of justice. Id. This was another aspect that made them suspicious, as Diane Downs seemingly walked away with few injuries from the alleged attack on the car. First, as you just read . Its decision to deny an evidentiary hearing was not an abuse of discretion. 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. At last, they decided it was time to tell the mother what they believed really happened. Asked if she remembered who shot her, she replied simply: "My mom." Blockbuster jailbreak. Video Testimony, Transcripts, and Exhibits of Staff and Outside Advisors Released Today. 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. at 315, 115 S.Ct. Id. Now that she was gone, Robert could focus on the family he already had. denied, 303 Or. 2254(e)(2). 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. 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. We find no clear error. 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. Author Ann Rule told Heavy that Danny is a computer whiz who loves to play video games in his spare time.. The postconviction court found counsel made a valid tactical decision. 10 Rillington Place - the dismal house in which Christie and Evans lived. Downs contends that she was deprived of effective assistance by counsel's failure to call Dr. Vergamini, a hospital staff psychologist who interviewed both Christie and Danny shortly after the shooting. 370, 738 P.2d 199 (1987). After permitting Downs to conduct discovery and expand the record, the district court denied the petition without a hearing on February 8, 1999. Sadly, Tuko reports that Christie still lives with a speech handicap all these years later but is grateful to have survived the ordeal. We find no clear error. Houston v. Roe, 177 F.3d 901, 905 (9th Cir.1999), cert. Downs also claims that the prosecution's cross-examination deprived her of due process and that trial counsel's failure to object and move for a mistrial denied her the effective assistance of counsel. Because the district court applied the wrong standard, we must decide whether its judgment can be affirmed under the correct standard. That all changed when Rebecca was an adult. However, even if Downs surmounts this bar, AEDPA bars a hearing, (ii)a factual predicate that could not have been previously discovered through the exercise of due diligence; and. 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 a recorded telephone interview, h. including Cuomo's brother Chris and . That might not have been the case. The district court held that the prosecutorial misconduct claim was defaulted because it was never raised in the state proceedings. It all started when Robert Knickerbocker broke things off with Diane, with her believing it was because of Christie, Cheryl, and Danny. Downs first contends that the state deprived her of evidence helpful to her defense. Melding of her then Apparently, Diane had become obsessed with her new love and was determined to make sure Robert was hers. Upon defense counsel's objection, the prosecutor apologized and immediately changed the topic. 3375, 87 L.Ed.2d 481 (1985). The pair tied the knot on November 13, 1973. Cheryl died; the other two children survived, but they suffered terrible wounds - according . Thankfully for the prosecutors, they also had a secret weapon up their sleeve: Christie Downs. Robb, Judge . She would later confess that her local postal worker's father had molested her when she was a young child. denied, 528 U.S. 1159, 120 S.Ct. The original sentence meant that Diane Downs was able to apply for parole in 2009. Its thought she wanted to take part in another surrogacy, but some reports claim the child was biologically Dianes. 851. She was just a child when her mom tried to take Christie and her siblings out of this world. 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. 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. Arizona v. Youngblood, 488 U.S. 51, 58, 109 S.Ct. She was a student at the University of Oregon and she and her husband and children made the town of Eugene their home. After all, there are plenty of things to consider in strokes of young people that might not be issues in older patients. 851. Downs also argues that trial counsel's failure to challenge the competency of Christie . From there, she fled to the hospital to get help. 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). Christie Sweeney Faculty & Staff Plymouth State University. All we know is how Danny still goes about his daily routine. They told investigators that Diane was going somewhere between five and seven miles an hour. Suddenly, they had three more mouths to feed alongside the responsibility of raising the children while constantly battling Dianes parents. They also had to prove that Diane planned the event and . 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. 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. Diane Downs was kept in custody as the authorities prepared the trial, which eventually started on May 8, 1984. It didnt take long for the jury to reach a decision. 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. After Downs was convicted (she was sentenced to life plus 55 years), the case's lead prosecutor adopted Christie and Danny. With Diane Downs behind bars, it meant Christie and Danny Downs needed to find somewhere new to call home. 582, 873 P.2d 321 (1994). They believed this was a piece of the puzzle but had to find the other details to put it all together. Christie's defence of insanity failed and he was found guilty and sentenced to death. This meant that she was sentenced to life behind bars as well as an additional 50 years in prison. Prior to trial, Downs had consulted a psychologist, Dr. Polly Jamison, who twice administered the Minnesota Multiphasic Personality Inventory test to Downs. No. One of the many harsh realities plenty have faced is that things dont always work out like they do in the movies. Witnesses? of her children, from her point of view. Ultimately, Diane was diagnosed with a host of mental issues, such as antisocial, histrionic, and narcissistic personality disorders. The State also presented Downs' testimony of the entire incident. Christie, who miraculously survived the gunshots and became a prime witness against her mother, is now 48 years old. 1194, 10 L.Ed.2d 215 (1963). Of course, it might come as little surprise that a seven-year-old looking after herself and two young children didnt end well. Christie Ann, born in 1974, is the eldest of the Downs children, and Stephen Daniel, known as Danny, born in 1979, is the youngest. (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. 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. The Cheapest Countries In The World For Traveling, Tourists Share The Craziest Things They Have Seen While Traveling The World, Hilarious Breakup Notes That Are Bordering On Awkard, Everything You Could Possibly Need to Know About Subscription Travel, Bizarre Photos Youd Only Ever See In Thailand, The Worlds Most Anticipated Bar Has Finally Opened In London, These Valentines Destinations Are Perfect For Every Type Of Couple. In fact, Steve has never released a statement. Amazingly, it looked as though Christie Downs went against everything the doctors believed and ultimately woke up from her coma. 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 confirmed the pair had been romantically involved back in Arizona. As discussed above, Downs's Brady claim is not persuasive and so cannot support her gateway claim either. 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. at 678, 105 S.Ct. Downs was found guilty in June, but her sentencing was delayed by another twist she was pregnant and ready to . As if that wasnt enough, its believed that Cheryl made a startling confession. Diane Downs gave birth to four children. See Strickland v. Washington, 466 U.S. 668, 691, 104 S.Ct. Diane Downs WikiMili The Best Wikipedia Reader. 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. Just because her first parole hearing was unsuccessful didnt mean that Diane Downs was about to give up trying. In 2005, the couple welcomed their first child, a . However, the little girl who survived being shot by her mother was ultimately the one who brought her to justice. 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. What the world didnt know was about all the lies and deceit going on behind closed doors. 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. She has testified that her father . During the trial, the state brought out their star witness, Downs' 8-year old daughter Christie. The final set of transcripts, exhibits, and video testimonies released Thursday include former Executive Chamber staff, outside advisors, and other witnesses. Diane allegedly scaled an 18-foot razor-wire fence after escaping from her cell at the Oregon Womens Correctional Center in Salem, Oregon. March down based violence is widely from christie downs most importantly, video for you cancel any way. While Diane Downs was busy sticking to her original story, the investigators created a scene they believed happened. In October 2020, to mark the anniversary of her death, Debbie visited the pier in Capitola where the family put a plaque many . They also wanted to strengthen their case to prove what Diane was really like as a person. All we do know is that things werent going well, even though it meant she was finally away from her family. Carriger v. Stewart, 132 F.3d 463 (9th Cir.1997) (en banc) (petition qualified for gateway on a showing principally that the chief prosecution witness had confessed to the crime under oath in the postconviction court and that prosecution had failed to produce file disclosing that witness was a known liar). 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. 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. Diane testified that her father, who worked as a local postal worker, behaved inappropriately behind closed doors before she was even a teenager. As the notes do not cast doubt on the verdict, the state court's rejection of this claim was not clearly erroneous. At least, thats what Robert believed. The investigators spent weeks putting all the evidence together and covering every aspect of the tragic events to ensure they had all the facts before confronting Diane Downs. The court heard as Christie bravely took to the stand to explain that Diane had turned the weapon on the children. 2254(e)(1). (Downs was denied access to her daughter both before and after the trial. See Downs v. Schiedler, 124 Or.App. Christie was quickly rushed to intensive care for treatment. Hospital workers and investigators believed that Diane Downs was too calm and knew it was more than just the shock of what had happened. Still, there was only so much they could legally do. Tragically, Diane explained that Christie had already suffered a stroke and was now unconscious in the back of the car. 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. Diane Downs was born on August 7, 1955, in Phoenix, Arizona. The couple first met in 1981 as they both worked at the US postal service office and quickly hit things off. Her firstborn son was born in 2005. Conflicting . It seems Diane has been using every opportunity she can to be released ever since. The prosecution argued it was all a bid for Diane to try and continue her affair with Robert Knickerbocker. 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. All rights reserved. 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. After high school, she joined the Pacific Coast Baptist Bible . It didnt take long for Rebecca to question everything about Diane Downs and what made her commit the horrific crime in the first place. Prosecutorial misconduct, as noted above, violates due process only if a prosecutor presents evidence which taken as a whole gives a jury a false impression. Alcorta, 355 U.S. at 31, 78 S.Ct. Tragically, its also reported that Danny still lives partially paralyzed, something thats unlikely to ever change. 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. Thats when they think Diane took her gun and drove along Old Mohawk Road away from prying eyes. 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. Its unclear what made Diane Downs parents dislike Steve, but they made their feelings clear. Domain has 187 Real Estate Properties for Sale in Christie Downs, SA, 5164 & surrounding suburbs. The video is accessible via this link: KGW archives. ), The district court held that this claim was not defaulted. Christie Downs was only five when her parents . 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. 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. Perhaps thats why reported promiscuous behavior meant Diane Downs was expelled from the college less than a year after she first signed up? at 329, 115 S.Ct. 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. Parole was denied, and Diane remained in prison following the hearing. If you are looking for an investment property, consider houses in Christie Downs rent out for $420 PW with an annual rental yield of 4.8%. 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. We find no clear error. Downs gave birth to another child shortly after the trial; that girl . . They had another sibling, born in the middle, in 1976, Cheryl Lynn, but she didn't survive the shooting. Thats because the forensic evidence didnt match her version of events and instead told a very different story about what happened. By the time Diane arrived at the hospital, her 7-year-old daughter, Cheryl, was dead. The team knew it was unlikely Danny Downs would ever be able to walk again, let alone the other effects of being shot. The state had earlier moved successfully to exclude portions of the medical reports in which that statement appeared. 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. 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. 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 contends that the question was misleading and that the prosecutor was obligated to correct any misperception. 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. Christie murdered at least eight peopleincluding his wife, Ethelby strangling them in his flat at 10 Rillington Place, Notting Hill, London. . We may affirm on any ground supported by the record, even if it differs from the district court's rationale. Diane Downs gave birth to four children. Everything was mounting against the mother faster than she imagined as people started to pick her story apart. Robert was already married with children, meaning the couple had to embark on a secret affair. Its said that she eventually enrolled at the University of Oregon before she graduated with an unknown degree. As discussed above, the claim based on Christie's testimony fails to meet that test. 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. Born on August 7, 1974 first child, a told investigators that he was found guilty June! Alongside the responsibility of raising the children a very different story about what.... 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