She was just a child when her mom tried to take Christie and her siblings out of this world. . They also wanted to strengthen their case to prove what Diane was really like as a person. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Diane Downs gave birth to four children. denied, 508 U.S. 928, 113 S.Ct. 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. They said nothing about how she might have been hurt, and Christie's initial lack of memory was brought out at trial. The district court's characterization of Downs's claim is correct. Decades have passed, but the effects of that day still seem to live with Danny. Danny was alive, but he had been horrifically injured. Perhaps thats why reported promiscuous behavior meant Diane Downs was expelled from the college less than a year after she first signed up? 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. Diane Downs was born on August 7, 1955, in Phoenix, Arizona. Fred lived with his wife, Joanne, and it wasnt long before they grew close as a new family unit. 2052. On Hay 19, 1983, ray sister Cheryl, my brother Daniel 15 and I were shot by our mother Elizabeth Diane Downs. Diane Downs was kept in custody as the authorities prepared the trial, which eventually started on May 8, 1984. We find no clear error. That wasnt all that stood in their way, as Diane eventually ran away from home. 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. The pair tied the knot on November 13, 1973. Still, they did find casings with extractor markings from the gun used during a search of Dianes home. 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. She would later confess that her local postal worker's father had molested her when she was a young child. That was ultimately to a new facility in New Jersey before she was off to California. Moreover, Downs has not shown prejudice, particularly as the prosecutor promptly dropped the line of inquiry and changed the topic. Ending Cheryls life meant Diane was being charged with taking someones 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 . Downs's gun was last seen in her possession in 1983. Downs then sought postconviction relief in state court. 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. According to Steve Downs and Robert Knickerbocker, Diane bought the weapon in Arizona before she left the state. 851 (quoting McCleskey v. Zant, 499 U.S. 467, 494, 111 S.Ct. Even before that, her parents always quarreled around the children. Still, falling for Steve gave her the confidence boost she so desperately needed. 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 notes also contained a record of an early interview with Christie in which she said that she did not know someone had injured her. It was two payroll these claims another daughter christie downs testimony against mother physically sick leave of testimony, downs even escaped from the age of a young being exiled to? Everything came to a head for Diane on February 28, 1984. The Washington Post reports that Diane agreed to $10,000 if she acted as a surrogate for a couple. To make matters worse, it was later reported that Diane kept making inappropriate comments to several people. They believed this was a piece of the puzzle but had to find the other details to put it all together. They had another sibling, born in the middle, in 1976, Cheryl Lynn, but she didn't survive the shooting. The state had earlier moved successfully to exclude portions of the medical reports in which that statement appeared. New Jersey State of the State Address C-SPANorg. Danny Downs survived but was paralyzed. Its believed Christie, eight, Cheryl, seven, and Danny, three, were all in the back of the car when something took place. . In October 2020, to mark the anniversary of her death, Debbie visited the pier in Capitola where the family put a plaque many . In the end, Diane was labeled as a deviant sociopath by a team of psychiatrists. A fairly large suburb, Christie Downs has everything close by. They told investigators that Diane was going somewhere between five and seven miles an hour. She had already been discharged from the hospital but returned to visit Danny and Christie Downs, who were still fighting for their lives. 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. 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. Believe it or not, but it didnt take long for Diane Downs to have enough of being behind bars. V. USE OF CHRISTIE'S TESTIMONY. All rights reserved. 2254(d). The final set of transcripts, exhibits, and video testimonies released Thursday include former Executive Chamber staff, outside advisors, and other witnesses. 2052. FAILURE TO PROVIDE MATERIAL, EXCULPATORY EVIDENCE. As if that wasnt enough, its believed that Cheryl made a startling confession. The video is accessible via this link: KGW archives. 3375. 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. The court heard as Christie bravely took to the stand to explain that Diane had turned the weapon on the children. On the night of May 19, 1983, Diane Downs entered an emergency room bay in Springfield, Oregon. 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. Apparently, Diane had become obsessed with her new love and was determined to make sure Robert was hers. We support personal growth and build the strength of our community. However, many couldnt believe their eyes when they saw Diane was pregnant as she arrived at the trial. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. All the arguments, teamed with new accusations of Diane Downs being unfaithful, meant that she and Steve soon went their separate ways. Small Sacrifices A True Story of Passion and Murder by Ann. Downs was arrested in February 1984, nine months after the shooting, and went on trial in May. The team knew it was unlikely Danny Downs would ever be able to walk again, let alone the other effects of being shot. 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. Danny and Christie Downs made headlines in the 80s when their mother took them to hospital with fatal bullet wounds. How does anyone know? 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. Downs also argues that trial counsel's failure to challenge the competency of Christie's testimony denied her effective assistance. Amy Elizabeth was born just one month after Diane was on trial in 1984. It seemed to many that Diane was willing to do anything to get away from her parents. Tragically, it was the case for Christie Downs. this subject. Downs testified that her tire was fully inflated upon arrival in her driveway, during the altercation, and before Gillihan went to her tire. On the outside, it looked as though Christie Downs and her family had everything they could need. Sadly for everyone, thats seemingly not how it all unfolded. 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. Please try again. 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. 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. Her first three children with her husband Steve are Stephen "Danny" Daniel (born 1979), Cheryl Lynn (born 1976), and Christie Ann (born 1974). This meant that she was sentenced to life behind bars as well as an additional 50 years in prison. When you understand and believe all things are possible to those who believe, there is hope. The couple reportedly often argued about money and how they would pay the bills. Thankfully for the prosecutors, they also had a secret weapon up their sleeve: Christie Downs. Accordingly, the state court's rejection of Downs's claim was not clearly erroneous. 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. 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. 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 . PROSECUTOR'S READING OF EXCLUDED AND MISLEADING DOCUMENTS INTO THE RECORD. View our listings & use our detailed filters to find your perfect home. In 2008, Diane applied for her first parole hearing, where she continued to state she was innocent. Its unclear who first suggested that Diane should move to Oregon with her children. 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. Ultimately, Diane was diagnosed with a host of mental issues, such as antisocial, histrionic, and narcissistic personality disorders. The Cinemaholic reports that Steve was often known for being immature and irresponsible, something that didnt see their rekindled relationship get off to the best start. Diane Downs, who was born Elizabeth Diane Frederickson on August 7, 1955, was originally from Phoenix. at 1511. denied, 528 U.S. 1159, 120 S.Ct. Its said that things often went from bad to worse. denied, 303 Or. Christie Downs was the one left in charge. Diane Downs wasnt always known by that name. Sadly, many of us have learned that looks can be deceiving to the world. Diane allegedly scaled an 18-foot razor-wire fence after escaping from her cell at the Oregon Womens Correctional Center in Salem, Oregon. This was another aspect that made them suspicious, as Diane Downs seemingly walked away with few injuries from the alleged attack on the car. After being in state custody for several months, the girl testified that her mother shot her and the other two children. Christie Ann, born in 1974, is the eldest of the Downs children, and Stephen Daniel, known as Danny, born in 1979, is the youngest. At last, they decided it was time to tell the mother what they believed really happened. Id. We find no clear error. Robert was already married with children, meaning the couple had to embark on a secret affair. . Here, it seems Diane admitted to falling for her new man and documented how far she would go for Robert. Within three weeks, Diane had lost custody of her remaining wounded children and had become the number one . Everything was mounting against the mother faster than she imagined as people started to pick her story apart. 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. 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. 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 . 1194, 10 L.Ed.2d 215 (1963). 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. However, Robert had a different version of their relationship to the story told by Diane. 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. 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. The Oregon Court of Appeals affirmed without opinion in 1993 and the Oregon Supreme Court denied review. As for the notes of the early interview of Christie in which, due to her aphasia, she was able to respond only by opening or closing her eyes, they indicate only that at that time Christie did not know that she had been hurt. 178 were here. The judge wanted the court to hear how they hoped the mother would never be free again for the crimes she committed. Diane says that she drove at high speed as she knew everyones lives hung in the balance. Tragically, Cheryl Downs had already passed away when she arrived at the hospital. Check out kicker.com for all of . She attended the University of Oregon and lived in the town with her husband and children. Based on five years of sales, Christie Downs has seen . Diane Downs fell pregnant just a couple of months later, welcoming Christie Downs on October 7, 1974. The problem? He confirmed the pair had been romantically involved back in Arizona. At the age of 7, her parents separated. 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. Still, this wasnt to last. Because the petition was filed on June 25, 1996, following the effective date of the Antiterrorism and Effective Death Penalty Act (AEDPA), Pub.L. 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. We offer a variety of spaces to hire for meetings and events of up to 80 people. IV. 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. III. We may affirm on any ground supported by the record, even if it differs from the district court's rationale. Downs's Strickland claim does not rise to the level of nonharmless constitutional error. 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. Cold-blooded Psychopath. 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. Christie Downs was only five when her parents . Sadly for Diane and Steve Downs, the universe got in the way. From there, she fled to the hospital to get help. 18 3.1 testitifed. Danny was also paralyzed from the waist down, but Diane seemed remarkably calm for someone who had just been allegedly carjacked. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. That might not have been the case. He came in the form of Robert Knickerbocker, but there were several issues. According to Heavy, Christie Downs has come a long way since she was shot by her mother and survived. While Diane Downs is busy trying to get herself out of prison, others are determined that she will never see the light of day again. 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. 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. As the state court's decision was not clearly erroneous, we AFFIRM the district court's denial of Downs's habeas petition. Tragically, its also reported that Danny still lives partially paralyzed, something thats unlikely to ever change. 172,930 Views Program ID: 436266-1 Category: House Committee Format: House Committee Location: 2358-C, Rayburn House Office Building, Washington, District of Columbia, United States of her children, from her point of view. 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. As her third claim, Downs contends that the prosecutor acted improperly during closing argument when he read a statement by Danny Downs identifying his mother as the shooter. However, theres a good chance Robert could have used this as an excuse to get his mistress out of his life. The state court granted the state's summary judgment motion on this claim. In fact, Steve has never released a statement. On the witness stand, the young girl was asked if she remembered who shot her. It didnt help her case. Here, the district court permitted Downs a year of discovery to develop the record in support of her petition. La pareja se cas el 13 de noviembre de 1973. 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. 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. Little did they know Diane had an ulterior motive. 1454, 113 L.Ed.2d 517 (1991)). Robert didnt have any plans of leaving his wife and children and instead used the distance as a way to separate from Diane. Christie's response: "My mom." To explore other posts click on the forum tab and go to the category listed for. 4,617 17. Tragically, thats where things took an even darker turn that would ultimately be enough to rip the siblings apart. 2254(e)(1). We are satisfied that Downs's claims were adjudicated on the merits in State court proceedings. 28 U.S.C. 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. Diane Downs followed in her fathers footsteps by getting a job with the United States Postal Service and was often out of the house for hours at a time. Downs contends that Vergamini's testimony would have supported the argument that Christie's testimony had been improperly influenced by the prosecution. Copyright 2023, Thomson Reuters. Its said the youngster told one of her grandparents neighbors that she was afraid of her mother and what might happen to the family. Having a stroke and being in a coma meant Christie Downs needed to learn how to talk again. Diane testified that her father, who worked as a local postal worker, behaved inappropriately behind closed doors before she was even a teenager. English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . Median sold prices over the last year is $455,000 for houses. The emergency room staff declared Cheryl dead at the scene and placed the other two in the hospital with . Debbie and Christie's father Dennis had Christie's remains cremated. . Its thought she wanted to take part in another surrogacy, but some reports claim the child was biologically Dianes. 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 . While Diane Downs was busy sticking to her original story, the investigators created a scene they believed happened. It appears he thought Diane would forget all about the affair and eventually find someone new to romance, leaving Robert to live his life. The State also presented Downs' testimony of the entire incident. Having a stroke before she arrived at the hospital meant Christie Downs was in a critical state. Thankfully, it was granted, and he could continue to treat the youngster. 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. Nov 02, 2008 #1. Cheryl 16 died. Its said that she eventually enrolled at the University of Oregon before she graduated with an unknown degree. Downs first contends that the state deprived her of evidence helpful to her defense. Upon defense counsel's objection, the prosecutor apologized and immediately changed the topic. If one word plays into the scenario over and over, it is "emotion" and that is indeed a raw, powerful determiner of guilt in many cases . 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). 211, 861 P.2d 1046 (1993), rev. Perhaps thats why she ended up opting for surrogacy shortly after meeting Robert? 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. 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. 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. Eso no fue todo lo que se interpuso en su camino, ya que Diane finalmente se escap de casa. With Diane Downs behind bars, it meant Christie and Danny Downs needed to find somewhere new to call home. 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. Rather than take the risk, Wilhite appealed to a judge to make him and another doctor Christies legal guardians. Daniel and I survived but we sustained permanent 17 injuries. The most that can be said of these materials is that they might have provided investigatory leads. Of course, it might come as little surprise that a seven-year-old looking after herself and two young children didnt end well. One of the many things that were questioned was if Steve was a fit father. Often neglected and abused by Diane Downs, the children were dealt yet another indignity by their mother. After permitting Downs to conduct discovery and expand the record, the district court denied the petition without a hearing on February 8, 1999. 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. 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. The police arrested Diane nine months after shooting her three children and read out the charges. Author Ann Rule told Heavy that Danny is a computer whiz who loves to play video games in his spare time.. Elizabeth Diane Downs talks about her conviction for killing her 7 year old daughter and wounding two of her other children in Springfield, Ore., during an interview at the Correctional Institute . 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. The trial was held at Lane County, and the severity of the charges meant people across the nation were gripped by it all. Still, the doctors didnt have time to question the story as they needed to treat the children. However, the phone call was enough to tell investigators that Diane had once been involved in an affair with the married father. 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. All we do know is that things werent going well, even though it meant she was finally away from her family. The original sentence meant that Diane Downs was able to apply for parole in 2009. The marks were from a .22 caliber Ruger semiautomatic pistol, the same make of a firearm which Downs had possessed and used previously. Like many children, it seems that Diane was known in the neighborhood and appeared to be a happy child. 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%. 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