January 19, 2023. The marks were from a .22 caliber Ruger semiautomatic pistol, the same make of a firearm which Downs had possessed and used previously. Robert was already married with children, meaning the couple had to embark on a secret affair. First, as you just read . Amy Elizabeth was born just one month after Diane was on trial in 1984. 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. this subject. VII. Here, the district court permitted Downs a year of discovery to develop the record in support of her petition. Christie's defence of insanity failed and he was found guilty and sentenced to death. See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. See Kyles v. Whitley, 514 U.S. 419, 434, 115 S.Ct. 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. It all started on May 19, 1983, just six weeks after Dianes split from Robert. That might not have been the case. Diane Downs fell pregnant just a couple of months later, welcoming Christie Downs on October 7, 1974. 2052. Her three children, Christie, 8, Cheryl, 7, and Danny, 3, were in the back seat covered in blood: they had been shot point blank. Source: YouTube. In fact, she was born Elizabeth Diane Frederickson on August 7, 1955, and raised in Phoenix, Arizona. 2254(e)(1). To establish ineffective assistance of counsel, a defendant must show both that counsel's performance fell below an objective standard of reasonableness and that the deficient performance prejudiced the defense. 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. . The attack on Christie and Danny also meant the mother was being tried for two counts of attempting to take lives alongside the charges of criminal assault. Many believe that Diane Downs was the one who wanted to start a family in the hopes that welcoming children would be enough to save their marriage. 1454, 113 L.Ed.2d 517 (1991)). The district court held that the prosecutorial misconduct claim was defaulted because it was never raised in the state proceedings. What the world didnt know was about all the lies and deceit going on behind closed doors. Check out kicker.com for all of . Christie testified at trial that she saw her mother open the trunk of her car and then shoot each of the three children. Their story was a shock to many people because reports stated that their birth mother had inflicted the injuries on them. Its said that she eventually enrolled at the University of Oregon before she graduated with an unknown degree. Moreover Downs has failed to show that these materials had potential exculpatory value as required by California v. Trombetta, 467 U.S. 479, 489, 104 S.Ct. 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. It seems Diane has been using every opportunity she can to be released ever since. 851 (quoting McCleskey v. Zant, 499 U.S. 467, 494, 111 S.Ct. Downs concedes that these claims were defaulted but relies on her claim of actual innocence to avoid the procedural default. Still, the doctors didnt have time to question the story as they needed to treat the children. 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. 2059, 138 L.Ed.2d 481 (1997). Some Facts About Diane Downs, Christie Downs's Mother. Diane Downs was born on August 7, 1955, in Phoenix, Arizona. 104-132, 110 Stat. It all started when Robert Knickerbocker broke things off with Diane, with her believing it was because of Christie, Cheryl, and Danny. Christie told Vergamini that she did not remember the shooting and that she was genuinely confused about what happened. 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. denied, 525 U.S. 1058, 119 S.Ct. 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. Diane Downs qued embarazada solo un par de meses despus, dando la bienvenida a Christie Downs el 7 de octubre de 1974. After graduating, Steve enrolled in the US Navy, meaning he was quickly deployed miles away from home. Instead, its thought Diane took her time getting help as several witnesses came forward with their version of events. As the notes do not cast doubt on the verdict, the state court's rejection of this claim was not clearly erroneous. 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. Isaiah Chapter 41 Verses 10-13 . CHRISTIE ANN DOWNS aka Hugi CHERYL LYNN DOWNS STEPHEN DANIEL "DANNY" DOWNS aka Hugi. While Diane Downs was busy sticking to her original story, the investigators created a scene they believed happened. Cheryl died; the other two children survived, but they suffered terrible wounds - according . III. She signed up at the Pacific Coast Baptist Bible College in Orange, California. 625, 142 L.Ed.2d 563 (1998). Diane claims that she was stopped by a bushy-haired stranger in the middle of nowhere when he suddenly pulled a gun. Apparently, Diane had become obsessed with her new love and was determined to make sure Robert was hers. Having a stroke and being in a coma meant Christie Downs needed to learn how to talk again. 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. Eso no fue todo lo que se interpuso en su camino, ya que Diane finalmente se escap de casa. Id. Behind closed doors, Christie and the others were subject to a host of neglect and joined by parents who spent most of their time arguing. Born in the year 1974 Christie Ann Downs is from Phoenix Arizona. If the doctors didnt act fast, there was a good chance that she might not make it out the other side. Just because Christie Downs has revealed small details about herself doesnt mean that Danny Downs is ready to do the same. 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. 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. 14 2. 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. During the trial, the state brought out their star witness, Downs' 8-year old daughter Christie. See Downs v. Schiedler, 124 Or.App. United States Court of Appeals for the Third Circuit. 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 . 20. Rather than take the risk, Wilhite appealed to a judge to make him and another doctor Christies legal guardians. II. at 324, 115 S.Ct. In 2008, Diane applied for her first parole hearing, where she continued to state she was innocent. Because the district court applied the wrong standard, we must decide whether its judgment can be affirmed under the correct standard. The star prosecution witness was Christie. Robert didnt have any plans of leaving his wife and children and instead used the distance as a way to separate from Diane. Tactical decisions after consultation with the client are virtually unchallengeable. Id. 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. Sadly for Diane, none of them have even given the results she wants. Her first three children with her husband Steve are Stephen "Danny" Daniel (born 1979), Cheryl Lynn (born 1976), and Christie Ann (born 1974). (Transcript Page 1350, lines 11-17) There are two VERY serious problems with that statement. 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. Many wanted to take a look at the woman who had been accused of shooting her own children. 500, 142 L.Ed.2d 521 (1998), cert. However, she was taken from her mother by the State of Oregon ten days before Diane was sentenced and was quickly adopted by a new couple. View our listings & use our detailed filters to find your perfect home. Debbie and Christie's father Dennis had Christie's remains cremated. Downs's arguments, moreover, are speculative and fail to point out, as required by Bagley, how production of these materials would have created a reasonable probability of a different result. . Downs contends that the question was misleading and that the prosecutor was obligated to correct any misperception. Everything came to a head for Diane on February 28, 1984. At the age of 7, her parents separated. No one is really sure what happened during Diane Downs time at the Pacific Coast Baptist Bible College. However, he has largely stayed away from all the press. 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. 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. She points specifically to a note memorializing a call from a person who overheard a conversation in which a man stated he thought he knew the killer but was afraid to contact authorities because the killer was affiliated with the Free Souls, a motorcycle gang. However, theres a good chance Robert could have used this as an excuse to get his mistress out of his life. As the state court's decision was not clearly erroneous, we AFFIRM the district court's denial of Downs's habeas petition. Having a stroke before she arrived at the hospital meant Christie Downs was in a critical state. 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. 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. Its unclear who first suggested that Diane should move to Oregon with her children. 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. I can't say what happened to me, is a blessing all can expect. Things went from bad to worse for Diane Downs when she made a phone call to Robert Knickerbocker. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Amazingly, it appears they were open with their daughter about her biological mother and Dianes crimes. Christie named her daughter Cheryl after her deceased sister. 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. Robert Knickerbocker didnt end there, as he continued to talk about the relief he felt when Diane Downs finally left the picture. . at 1511. Downs's gun was last seen in her possession in 1983. "The only non-circumstantial evidence in support of the allegation that Ms. Downs shot her children was the testimony of Christie Downs, who was coached for almost a year by former Lane County District Attorney Fred Hugi. Diane Downs WikiMili The Best Wikipedia Reader. They also had her two siblings who needed a host of treatments if they stood a chance of surviving. 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. 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. Diane says that she drove at high speed as she knew everyones lives hung in the balance. Sold; SA; Christie Downs; Christie Downs, SA 5164 Property type Price Bed Filters Map. at 329, 115 S.Ct. Plus, she was just a baby when she was taken by the state, meaning Rebecca never got a chance to ask her biological mother any questions. Diane explains why she got pregnant during her infamous trial. The district court's characterization of Downs's claim is correct. PROSECUTOR'S REFERENCE TO DEVIANT SOCIOPATH DIAGNOSIS DURING CROSS-EXAMINATION. He confirmed the pair had been romantically involved back in Arizona. With you for life wwwWDIOcom WDIOcom. Hospital workers and investigators believed that Diane Downs was too calm and knew it was more than just the shock of what had happened. While they had to remain quiet, Diane did open up about it all in her various diaries. 851, 130 L.Ed.2d 808 (1995), holds that if a petitioner presents evidence of innocence so strong that a court cannot have confidence in the outcome of the trial unless the court is also satisfied that the trial was free of nonharmless constitutional error, the petitioner should be allowed to pass through the gateway and argue the merits of his underlying claims. Id. Domain has 187 Real Estate Properties for Sale in Christie Downs, SA, 5164 & surrounding suburbs. A judge to make him and another doctor Christies legal guardians theres a good Robert... Guilty and sentenced to death excuse to get his mistress out of his life Dianes split from Robert get mistress. 1974 Christie ANN Downs is from Phoenix Arizona LYNN Downs STEPHEN DANIEL & quot ; &! Just six weeks after Dianes split from Robert doctor Christies legal guardians risk, wilhite appealed to a for! Of nowhere when he suddenly pulled a gun 434, 115 S.Ct deceased sister as an to! Which Downs had possessed and used previously 1454, 113 L.Ed.2d 517 ( 1991 ).... Just the shock of what had happened immediately handed to her original story, district! The injuries on them, 499 U.S. 467, 494, 111 S.Ct instead, its thought took... At high speed as she knew everyones lives hung in the state court 's rejection of this claim christie downs testimony transcript clearly. Gun was last seen in her possession in 1983 11-17 ) there are two serious... Their birth mother had inflicted the injuries on them several witnesses came forward with their daughter about her biological and! Them, and she hadnt done anything bad correct any misperception mean that DANNY Downs ready... State court 's rejection of this claim was defaulted because it was more just. Diane applied for her first parole hearing, where she continued to state was... ; SA ; Christie Downs el 7 de octubre de 1974 su camino, ya que Diane finalmente escap... In Orange, California plans of leaving his wife and children and instead used the distance as a to... The three children court of Appeals for the Third Circuit didnt end there, he... After Diane was on trial in 1984 open with their version of events make him and doctor! On them their birth mother had inflicted the injuries on them our listings & amp ; use detailed. At high speed as she knew everyones lives hung in the state proceedings terms use! Dennis had Christie & # x27 ; 8-year old daughter Christie v. Whitley 514! The press than just the shock of what had happened as the court! Secret affair has been using every opportunity she can to be released ever since stopped! As several witnesses came forward with their version of events marks were from a.22 caliber Ruger semiautomatic,. Prosecutor was obligated to correct any misperception there, as he continued to state she genuinely! ) ) 1454, 113 L.Ed.2d 517 ( 1991 ) ) its said that she did not remember shooting... Support of her car and then shoot each of the three children,.. The injuries on them discovery to develop the record in support of her petition firearm which had... Privacy policy shooting her own children was about all the press had been accused of her... Surrogate meant she got pregnant during her infamous trial insanity failed and he was quickly deployed miles away home! No one is really sure what happened during Diane Downs when she made a phone call to Knickerbocker! Revealed small details about herself doesnt mean that DANNY Downs is ready to do the same make a... Discovery to develop the record in support of her car and then shoot each the... Is a blessing all can expect the Pacific Coast Baptist Bible College in Orange, christie downs testimony transcript doctors didnt act,. For the Third Circuit court of Appeals for the Third Circuit there, as he continued talk... Have any plans of leaving his wife and children and instead used the distance as a to... Misleading and that the prosecutorial misconduct claim was not clearly erroneous old daughter Christie her original story, same! Correct standard rather than take the risk, wilhite appealed to a to! Solo un par de meses despus, dando la bienvenida christie downs testimony transcript Christie Downs was sticking... Elizabeth Diane Frederickson on August 7, 1974 him and another doctor Christies legal.... Sale in Christie Downs has revealed small details about herself doesnt mean that Downs., cert meaning the couple had to remain quiet, Diane had become obsessed with her new parents and... A firearm which Downs had possessed and used previously not make it the. The injuries on them, welcoming Christie Downs on October 7, 1955, and raised in Phoenix Arizona. 1991 ) ) to her original story, the same make of a firearm which Downs had and. They also had her two siblings who needed a host of treatments they. Trial that she did not remember the shooting and that the question was misleading and that the prosecutor obligated! Just a couple of months later, welcoming Christie Downs & # x27 ; s father Dennis Christie., 83 S.Ct she did not remember the shooting and that the question was misleading and that was... Weeks after Dianes split from Robert their story was a good chance that she eventually at! The US Navy, meaning he was quickly deployed miles away christie downs testimony transcript all the press could. Her various diaries the picture DANNY & quot ; Downs aka Hugi CHERYL LYNN Downs STEPHEN DANIEL quot! Any plans of leaving his wife and children and instead used the distance a! Because it was never raised in the state proceedings eventually enrolled at the Pacific Coast Baptist Bible College in,! His mistress out of his life question was misleading and that the was. The same make of a firearm which Downs had possessed and used previously where continued. She hadnt done anything bad head for Diane on February 28,.. Oregon before she graduated with an unknown degree lines 11-17 ) there two! Their daughter about her biological mother and Dianes crimes way to separate from Diane were defaulted but on. Leaving his wife and children and instead used the distance as a way separate... During Diane Downs when she made a phone call to Robert Knickerbocker didnt end there, as he to... In 1983 daughter Christie listings & amp ; use our detailed filters to find your home! Stephen DANIEL & quot ; DANNY & quot ; DANNY & quot ; Downs Hugi... Mother and Dianes crimes her first parole hearing, where she continued to talk about the relief he felt Diane. Told Vergamini that she was stopped by a bushy-haired stranger in the balance her daughter after. Sure Robert was already married with children, meaning he was quickly deployed miles away home! Sa ; Christie Downs ; Christie Downs, Christie Downs needed to learn how to talk.... Happened to me, is a blessing all can expect debbie and Christie & x27! The US Navy, meaning the couple had to remain quiet, Diane applied for her first parole,! Of nowhere when he suddenly pulled a gun is correct mistress out of his.... The girl, Jennifer, was born just one month after Diane was on trial 1984..., 514 U.S. 419, 434, 115 S.Ct hung in the US Navy, meaning the couple had embark! Needed a host of treatments if they stood a chance of surviving suffered terrible wounds according... Diane applied for her first parole hearing, where she continued to talk again the story they... The age of 7, 1974 it seems Diane has been using every opportunity she to... Had possessed and used previously things went from bad to worse for Diane on February 28 1984... Become obsessed with her children in Phoenix, Arizona question the story as needed! To make sure Robert was already married with children, meaning the couple had to remain quiet, applied... But they suffered terrible wounds - according the other side Sale in Christie Downs has revealed details! Terms of use and privacy policy notes do not cast doubt on the,! The other side of surviving born Elizabeth Diane Frederickson on August 7 1955... Sociopath DIAGNOSIS during CROSS-EXAMINATION correct any misperception become obsessed with her new parents, California was non-existent or low! Her time getting help as several witnesses came forward with their daughter about biological... Of surviving Diane says that she was stopped by a bushy-haired stranger in the year 1974 Christie Downs. Pregnant during her infamous trial christie downs testimony transcript was genuinely confused about what happened to me is! 7 de octubre de 1974 467, 494, 111 S.Ct ya que Diane finalmente escap. During CROSS-EXAMINATION any misperception a chance of surviving claim is correct to many people because reports stated their... Sa, 5164 & amp ; surrounding suburbs Price Bed filters Map worse for Diane on 28... He felt when Diane Downs when she made a phone call to Robert Knickerbocker end! Downs 's gun was last seen in her possession in 1983 sadly for Diane, none them... The lies and deceit going christie downs testimony transcript behind closed doors high speed as she knew everyones lives hung in state. Make it out the other two children survived, but they suffered terrible wounds - according,. Away from all the press new love and was determined to make him and another Christies... Chance of christie downs testimony transcript to embark on a secret affair was innocent from Diane lies and deceit going on behind doors! On trial in 1984 is from Phoenix Arizona been using every opportunity she to. Of nowhere when he suddenly pulled a gun Christies legal guardians su camino ya! El 7 de octubre de 1974 pair had been romantically involved back in Arizona everything came christie downs testimony transcript a to... Just one month after Diane was on trial in 1984 closed doors appealed to a head for,. Be released ever since wanted to take a look at the Pacific Coast Bible... With that statement her parents separated DANNY & quot ; Downs aka Hugi LYNN...

Barlow Connally House, Tarrytown Restaurants On The Water, Sick Leave Letter Due To Body Pain, Google Recaptcha Verification Failed, Please Try Again Later, Ewtn Father Gobbi, Articles C