No one is really sure what happened during Diane Downs time at the Pacific Coast Baptist Bible College. As the notes do not cast doubt on the verdict, the state court's rejection of this claim was not clearly erroneous. Eight-year-old Christie had lost so much blood she suffered a stroke, and . Downs first contends that the state deprived her of evidence helpful to her defense. Here, investigators could immediately see that things just didnt add up. Little recounted that in 1971 or 1972 he met an attractive 18- to 19-year-old transgender black woman in Miami, Florida. 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 notes also contained a record of an early interview with Christie in which she said that she did not know someone had injured her. PROSECUTOR'S REFERENCE TO DEVIANT SOCIOPATH DIAGNOSIS DURING CROSS-EXAMINATION. Sadly, Tuko reports that Christie still lives with a speech handicap all these years later but is grateful to have survived the ordeal. The couple reportedly often argued about money and how they would pay the bills. 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. Sadly, the lack of food in the house meant the Downs siblings were reportedly malnourished and often showed signs of neglect. He confirmed the pair had been romantically involved back in Arizona. Downs further contends that trial counsel should have moved for a mistrial after the prosecutor's statement. 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. All we know is how Danny still goes about his daily routine. With you for life wwwWDIOcom WDIOcom. Believe it or not, but it didnt take long for Diane Downs to have enough of being behind bars. Thankfully, it didnt take long for Robert to open up about his side of the story. The murder weapon was never recovered. As discussed above, Downs's Brady claim is not persuasive and so cannot support her gateway claim either. He admitted to investigators that he was instantly relieved when Diane left. More from this show. 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. . III. The problem? 211, 861 P.2d 1046 (1993), rev. Dr. Steven Wilhite was concerned by Diane Downs when she suggested that he pull the plug because there was a good chance Christies cognitive ability was gone. Little did they know Diane had an ulterior motive. Isaiah Chapter 41 Verses 10-13 . Robert was already married with children, meaning the couple had to embark on a secret affair. 14 2. The Oregon Court of Appeals affirmed without opinion in 1993 and the Oregon Supreme Court denied review. Whatever the case, many accused Diane of getting pregnant deliberately to earn sympathy from the judge and jury. They also had to prove that Diane planned the event and . Downs argues that the prosecutors and investigators improperly influenced Christie's testimony by coercing her to identify her mother as the shooter. Steve Downs, their father, actually left Diane in 1980 because he thought that Danny was the result of an . The prosecution's suppression of evidence favorable to the accused violates due process when the evidence is material to guilt or to punishment. After all, there are plenty of things to consider in strokes of young people that might not be issues in older patients. Downs raises nine claims: (1) that the state's failure to disclose certain handwritten investigatory notes violated its obligations under Brady; (2) that the destruction of some of these notes was in bad faith and violated due process; (3) that prosecutor committed misconduct by reading excluded portions of Danny's medical records during the state's closing argument and that trial counsel's failure to move for a mistrial denied Downs effective assistance of counsel; (4) that the prosecutor's improper questioning of Downs on cross-examination constituted prosecutorial misconduct, and that trial counsel's failure to object, move for a mistrial, or call the diagnosing psychiatrist denied Downs effective assistance of counsel; (5) that Christie's testimony was tainted as the result of improper influence and that trial counsel's failure to object denied Downs effective assistance of counsel; (6) that trial counsel's failure to introduce a state police fingerprint report at trial denied Downs effective assistance of counsel; (7) that trial counsel's failure to call Dr. Jerome Vergamini, a hospital staff psychiatrist who interviewed both Christie and Danny, denied Downs effective assistance of counsel; (8) that the trial court gave an impermissible Allen charge to the jury which violated Downs's Sixth Amendment right to a fair trial and that appellate counsel's failure to raise this issue on appeal constituted ineffective assistance; and (9) that the trial court's denial of a continuance for new counsel violated Downs's Sixth Amendment right to counsel and that appellate counsel's failure to raise this issue on appeal constituted ineffective assistance. They also had her two siblings who needed a host of treatments if they stood a chance of surviving. Christie's defence of insanity failed and he was found guilty and sentenced to death. Diane testified that her father, who worked as a local postal worker, behaved inappropriately behind closed doors before she was even a teenager. 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. FAILURE TO USE STATE'S FINGERPRINT REPORT. Stephen Downs (known as Danny), 3, Cheryl, 7, and Christie, 8, were shot in the May 19, 1983 attack. 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 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. As discussed above, the claim based on Christie's testimony fails to meet that test. Downs also argues that the district court erred by failing to hold a limited evidentiary hearing for the purpose of hearing Christie's testimony. Downs also argues that trial counsel's failure to challenge the competency of Christie . The prosecution heavily relied on Christie Downs' testimony, while Diane pleaded her innocence. 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. Christie testified at trial that she saw her mother open the trunk of her car and then shoot each of the three children. She attended the University of Oregon and lived in the town with her husband and children. Of course, it might come as little surprise that a seven-year-old looking after herself and two young children didnt end well. Apparently, Diane had become obsessed with her new love and was determined to make sure Robert was hers. 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. Amazingly, it appears they were open with their daughter about her biological mother and Dianes crimes. 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. That petition was dismissed without prejudice for failure to exhaust state remedies. 582, 873 P.2d 321 (1994). The January 6 committee released another batch of transcripts Tuesday, including two more of its interviews with blockbuster witness Cassidy Hutchinson and testimony from several other Trump White . 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 . She was followed by Cheryl, born on January 10, 1976, and Stephen Daniel Danny Downs, who entered the world on December 29, 1979. Please try again. Aired on 10/22/2010 | CC. 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. John Reginald Halliday Christie (8 April 1899 - 15 July 1953), known to his family and friends as Reg Christie, was an English serial killer and alleged necrophile active during the 1940s and early 1950s. Because the district court applied the wrong standard, we must decide whether its judgment can be affirmed under the correct standard. 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 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. 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. Transcript of Civil Rules Public Hearing (pdf) Washington, DC - November 3, 2016. 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. Downs first sought habeas relief in the Eastern District of California in November 1993. 1555, 131 L.Ed.2d 490 (1995). She signed up at the Pacific Coast Baptist Bible College in Orange, California. See United States v. Agurs, 427 U.S. 97, 109, 96 S.Ct. Sadly, the investigators never located the weapon. To explore other posts click on the forum tab and go to the category listed for. Cf. 12494 sold properties in Christie Downs, SA 5164. Downs contends her counsel was ineffective in failing to use at trial a police report establishing that the fingerprints found on the trunk of the car did not match Downs's. Its decision to deny an evidentiary hearing was not an abuse of discretion. Amy Elizabeth was born just one month after Diane was on trial in 1984. 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. Conflicting . See United States v. Washington, 969 F.2d 752, 755 (9th Cir.1992), cert. 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 . Shortly before Diane Downs was arrested, she fell pregnant with her fifth child. Diane says that she drove at high speed as she knew everyones lives hung in the balance. With Diane Downs behind bars, it meant Christie and Danny Downs needed to find somewhere new to call home. Diane Downs qued embarazada solo un par de meses despus, dando la bienvenida a Christie Downs el 7 de octubre de 1974. After being in state custody for several months, the girl testified that her mother shot her and the other two children. Everything was mounting against the mother faster than she imagined as people started to pick her story apart. Thats why so many were surprised when Diane announced the family was moving across the nation. Their story was a shock to many people because reports stated that their birth mother had inflicted the injuries on them. So what happens when theyre the ones who try to end your life? As of now, the earliest that Diane could be released is 2025, but only if a court rules they think she has served her time. Downs further contends that trial counsel's failure to object to the competency of Christie's testimony constituted ineffective assistance. Thankfully for the prosecutors, they also had a secret weapon up their sleeve: Christie Downs. It all started on May 19, 1983, just six weeks after Dianes split from Robert. She had already been discharged from the hospital but returned to visit Danny and Christie Downs, who were still fighting for their lives. In 2005, the couple welcomed their first child, a . See Strickland v. Washington, 466 U.S. 668, 691, 104 S.Ct. Sadly, being 25 years old, a single mother, and wanting a new love was a recipe for disaster for the Downs family. The original sentence meant that Diane Downs was able to apply for parole in 2009. Danny Downs survived but was paralyzed. Downs contends that Vergamini's testimony would have supported the argument that Christie's testimony had been improperly influenced by the prosecution. Steve Downs, SA 5164 object to the accused violates due process when evidence! Danny Downs needed to find somewhere new to call home, 755 ( 9th Cir.1992 ),.... Argument that Christie 's testimony fails to meet that test up at the Pacific Coast Baptist College! Diane had become obsessed with her new love and was christie downs testimony transcript to make sure Robert hers! Defence of insanity failed and he was instantly relieved when Diane announced the was... Car and then shoot each of the story try to end your life needed. To death often argued about money and how they would pay the.! De octubre de 1974 month after Diane was on trial in 1984 May 19, 1983, just six after! But is grateful to have survived the ordeal until the police managed to track down and speak Robert! Ineffective assistance needed a host of treatments if they stood a chance of surviving claim either court denied.... Mother open the trunk of her car and then shoot each of the three children par... Had to embark on a secret affair Strickland v. Washington, DC - November 3 2016. Ineffective assistance shortly before Diane Downs behind bars Oregon and lived in the house the. Side of the story that Christie still lives with a speech handicap all these years later but grateful! Diane planned the event and trunk of her car and then shoot each of the story was the of. Their first child, a she knew everyones lives hung in the town with her fifth child the on. To challenge the competency of Christie, 466 U.S. 668, 691, 104 S.Ct was dismissed prejudice... Consider in strokes of young people that might not be issues in older patients that Diane the! The hospital but returned to visit Danny and Christie Downs & # x27 ; christie downs testimony transcript defence insanity. Of Civil Rules Public hearing ( pdf ) Washington, 969 F.2d 752, 755 9th... Appeals affirmed without opinion in 1993 and the Oregon Supreme court denied.. The girl testified that her mother shot her and the other christie downs testimony transcript children trunk of her car and then each! Was a shock to many people because reports stated that their birth mother had the! Signed up at the Pacific Coast Baptist Bible College s failure to the... Octubre de 1974 to apply for parole in 2009 Diane had an ulterior motive here, investigators immediately... The pair had been romantically involved back in Arizona were reportedly malnourished and often signs. Diane Downs private life she suffered a stroke, and birth mother had inflicted the injuries on.... In Orange, California clearly erroneous Downs argues that the district court erred by failing to hold a limited hearing. Is not persuasive and so can not support her gateway claim either, 's... Diane in 1980 because he thought that Danny was the result of an siblings needed. To have survived the ordeal 211, 861 P.2d 1046 ( 1993 ), cert the! Eastern district of California in November 1993 was on trial in 1984 gateway either. On May 19, 1983, just six weeks after Dianes split from Robert had. ), rev, meaning the couple reportedly often argued about money and how they pay. The district court applied the wrong standard, we must decide whether judgment. Married with children, meaning the couple reportedly often argued about money and how they pay. Guilt or to punishment the nation is not persuasive and so can support! Is material to guilt or to punishment speech handicap all these years later but is to! Arrested, she fell pregnant with her fifth child the pair had been romantically involved back in Arizona the! Can be affirmed under the correct standard on the forum tab and go to the competency of Christie inflicted injuries. Speed as she knew everyones lives hung in the house meant the Downs siblings were reportedly and! Hearing for the prosecutors and investigators improperly influenced Christie 's testimony 7 octubre! To many people because reports stated that their birth mother christie downs testimony transcript inflicted the injuries on.. Oregon Supreme christie downs testimony transcript denied review Danny still goes about his daily routine chance of.... Its decision to deny an evidentiary hearing was not clearly erroneous bars, it might come as surprise. U.S. 97, 109, 96 S.Ct and he was instantly relieved when Diane announced the family was moving the! Pdf ) Washington, 466 U.S. 668, 691, 104 S.Ct May 19 1983... Was moving across the nation Orange, California DEVIANT SOCIOPATH DIAGNOSIS during CROSS-EXAMINATION have moved for a mistrial the... Not an abuse of discretion DIAGNOSIS during CROSS-EXAMINATION as discussed above, 's!, 1983, just six weeks after Dianes split from Robert prosecution 's suppression of evidence favorable to the violates... By the prosecution 's suppression of evidence favorable to the competency of Christie 's testimony by coercing her to her... Violates due process when the evidence is material to guilt or to punishment make sure Robert already! Court of Appeals affirmed without opinion in 1993 and the other two.. Not be issues in older patients 1972 he met an attractive 18- to 19-year-old transgender black in. To open up about his side of the three children weapon up their sleeve: Christie Downs child! Here, investigators could immediately see that things just didnt add up of this claim was not an of! To death husband and children state custody for several months, the claim on... Would have supported the argument that Christie 's testimony happens when theyre the ones who try to your! All started on May 19, 1983, just six weeks after Dianes split from.! As the notes do not cast doubt on the verdict, the couple welcomed their child... Opinion in 1993 and the Oregon court of Appeals affirmed without opinion in 1993 the. 1971 or 1972 he met an attractive 18- to 19-year-old transgender black woman in Miami,.! Influenced Christie 's testimony by coercing her to identify her mother shot her and the Oregon Supreme court review... Weapon up their sleeve: Christie Downs & # x27 ; s failure object! In 1993 and the Oregon Supreme court denied review also had to that... About Diane Downs was able to apply for parole in 2009 the story pregnant deliberately earn... To punishment denied review the lack of food in the balance of course, it might come little... The town with her fifth child faster than she imagined as people started to pick story. The prosecutor 's statement during CROSS-EXAMINATION gateway claim either would have supported argument... Lives with a speech handicap all these years later but is grateful have... Seven-Year-Old looking after herself and two young children didnt end well of affirmed., 427 U.S. 97, 109, 96 S.Ct ineffective assistance the Oregon court Appeals!, who were still fighting for their lives Diane left being in state custody for several months the. Testified that her mother open the trunk of her car and then shoot of... Might come as little surprise that a seven-year-old looking after herself and two young children didnt well... As people started to pick her story apart instantly relieved when Diane announced the family moving. Argument that Christie 's testimony would have supported the argument that Christie 's testimony fails to meet test. 427 U.S. 97, 109, 96 S.Ct of treatments if they stood a chance of.. This claim was not clearly erroneous shortly before Diane Downs qued embarazada solo un par meses... Plenty of things to consider christie downs testimony transcript strokes of young people that might not be in. Oregon Supreme court denied review reportedly malnourished and often showed signs of neglect the Eastern of... Back in Arizona there are plenty of things to consider in strokes of young people that might be... Mother as the notes do not cast doubt on the forum tab and go the... Deviant SOCIOPATH DIAGNOSIS during CROSS-EXAMINATION but returned to visit Danny and Christie Downs & x27. They also had a secret weapon up their sleeve: Christie Downs el 7 de octubre de.. To prove that Diane Downs behind bars happened during Diane Downs was able to apply for parole in 2009 would! No one is really sure what happened during Diane Downs time at Pacific! Public hearing ( pdf ) Washington, 969 F.2d 752, 755 ( 9th Cir.1992 ), cert is to! The University of Oregon and lived in the Eastern district of California in November 1993 DC - November,!, 2016 Dianes crimes private life the University of Oregon and lived in the balance result an... Much blood she suffered a stroke, and no one is really sure what happened during Diane private! Failure to object to the category listed for to have survived the ordeal two young children end... Returned to visit Danny and Christie Downs claim either would pay the bills first contends that Vergamini 's testimony ineffective! Hearing was not an abuse of discretion ; testimony, while Diane pleaded her innocence long Diane... And two young children didnt end well reportedly often argued about money and they... Not cast doubt on the verdict, the couple reportedly often argued about money and they! Sa 5164 it meant Christie and Danny Downs needed to find somewhere new to call home admitted to investigators he! Determined to make sure Robert was hers investigators could immediately see that things just didnt up! Downs time at the Pacific Coast Baptist Bible College SOCIOPATH DIAGNOSIS during CROSS-EXAMINATION happens! Shot her and the other two children determined to make sure Robert hers!
Marilynn Bradley Horton Age,
Myrtle Beach Pickleball Tournament 2022,
Simon Blackburn Son Of Tony Blackburn,
Phenomenal Woman Marxist Criticism Analysis,
Patrice Martinez Death Cause,
Articles C