christie downs testimony transcript

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. Her firstborn son was born in 2005. She was a student at the University of Oregon and she and her husband and children made the town of Eugene their home. It is located a short 35 minutes from the CBD considering its in the outer areas of south Adelaide, and close to most of its amenities. Christie named her daughter Cheryl after her deceased sister. At least, thats what The Sun reports. However, one thing she left out of the interview was how she had a gun. Christie Downs was the one left in charge. The Oregon Court of Appeals affirmed without opinion in 1993 and the Oregon Supreme Court denied review. 104-132, 110 Stat. We are satisfied that Downs's claims were adjudicated on the merits in State court proceedings. 28 U.S.C. First, as you just read . 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. Rather than take the risk, Wilhite appealed to a judge to make him and another doctor Christies legal guardians. 625, 142 L.Ed.2d 563 (1998). 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. Its unclear who first suggested that Diane should move to Oregon with her children. After Downs was convicted (she was sentenced to life plus 55 years), the case's lead prosecutor adopted Christie and Danny. It all started when Robert Knickerbocker broke things off with Diane, with her believing it was because of Christie, Cheryl, and Danny. In1988, Oprah interviewed Diane Downs via satellite from prison after she was convicted of shooting her three children at point-blank range. 2052. 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. Watch my updated video with the identity of the bushy-haired stranger here:https://www.youtube.com/watch?v=skrc6qjtBd4&t=33sThe following news release was su. On the night of May 19, 1983, Diane Downs entered an emergency room bay in Springfield, Oregon. 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. 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 Ultimately, Diane was diagnosed with a host of mental issues, such as antisocial, histrionic, and narcissistic personality disorders. 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. We are a welcoming and caring place that offers social, recreational and educational activities. Robert didnt have any plans of leaving his wife and children and instead used the distance as a way to separate from Diane. Downs's conviction was affirmed on appeal by the Oregon Court of Appeals without opinion and the Oregon Supreme Court denied review in 1987. 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. Decades have passed, but the effects of that day still seem to live with Danny. It appeared the distance was too much to handle and caused them to split. Diane Downs wasnt always known by that name. Conflicting reports say Downs also acted as a surrogate during her fourth pregnancy, giving birth to a daughter after her trial in 1984. at 329, 115 S.Ct. 4,617 17. 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. 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. Instead, its thought Diane took her time getting help as several witnesses came forward with their version of events. 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. 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. Tragically, its also reported that Danny still lives partially paralyzed, something thats unlikely to ever change. Christie Ann, born in 1974, is the eldest of the Downs children, and Stephen Daniel, known as Danny, born in 1979, is the youngest. Downs contends that the question was misleading and that the prosecutor was obligated to correct any misperception. 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. During the two weeks before the Census, 24.8% provided care for children and 11.6% assisted family members or others due to a disability, long term illness or problems related to old age. 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. Debby Wong/Shutterstock. Sadly, many of us have learned that looks can be deceiving to the world. The couple reportedly often argued about money and how they would pay the bills. III. It was a huge accusation and one that didnt end well. 851. Challenge God to give you what you need to be used and needed by those in your condition, and the blessings will be yours as well as those you help. denied, 507 U.S. 1051, 113 S.Ct. The cover sheets on both reports list deviant and sociopathic as relevant classifications. Downs contends that her due process rights were violated by Deputy Pond's destruction of his handwritten notes. 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. (Transcript Page 1350, lines 11-17) There are two VERY serious problems with that statement. Downs raises three additional claims: (1) that the trial court's refusal to grant a continuance in order to accommodate her choice of new counsel violated her Sixth Amendment rights and denied her effective assistance of counsel; (2) that the trial court's charge to the jury to enter verdicts on the agreed upon counts and continue deliberating on the remaining count was coercive; and (3) that appellate counsel's failure to raise these issues on appeal denied her effective assistance of counsel. Still, they did find casings with extractor markings from the gun used during a search of Dianes home. Diane Downs WikiMili The Best Wikipedia Reader. However, he has largely stayed away from all the press. The most that can be said of these materials is that they might have provided investigatory leads. Perhaps thats why reported promiscuous behavior meant Diane Downs was expelled from the college less than a year after she first signed up? The second, or prejudice prong, requires a showing that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Just because Christie Downs has revealed small details about herself doesnt mean that Danny Downs is ready to do the same. Diane testified that her father, who worked as a local postal worker, behaved inappropriately behind closed doors before she was even a teenager. 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. 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. Sadly for everyone, thats seemingly not how it all unfolded. 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. See United States v. Washington, 969 F.2d 752, 755 (9th Cir.1992), cert. If the doctors didnt act fast, there was a good chance that she might not make it out the other side. 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. Danny was also paralyzed from the waist down, but Diane seemed remarkably calm for someone who had just been allegedly carjacked. 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. Her reply? Debbie and Christie's father Dennis had Christie's remains cremated. The district court's characterization of Downs's claim is correct. Last month Christie Downs had 13 properties available for rent and 10 properties for sale. According to the interview, Diane admitted she had previously had a termination and lived every day thinking she had ended someones life. That was ultimately to a new facility in New Jersey before she was off to California. Trial counsel stated that he did not call Vergamini because it would have involved very little, if any, benefit and a great deal of risk and would have duplicated other testimony. 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. You have the Colonnades Shopping Centre . 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 . 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. The eldest of four children, Downs was raised with conservative values. Downs argues that this evidence would have supported her theory that someone else was at the crime scene and undermined the state's theory that she had retrieved the gun from the trunk. Author Ann Rule told Heavy that Danny is a computer whiz who loves to play video games in his spare time.. Id. and instead told a very different story about what happened. See United States v. Agurs, 427 U.S. 97, 109, 96 S.Ct. 370, 738 P.2d 199 (1987). It wasnt until the police managed to track down and speak to Robert Knickerbocker that they learned even more about Diane Downs private life. Christie, who miraculously survived the gunshots and became a prime witness against her mother, is now 48 years old. It didnt help her case. Christie murdered at least eight peopleincluding his wife, Ethelby strangling them in his flat at 10 Rillington Place, Notting Hill, London. Downs also argues that trial counsel's failure to challenge the competency of Christie . [A] constitutional error occurs, and the conviction must be reversed, only if the evidence is material in the sense that its suppression undermines confidence in the outcome of the trial. Id. In response to Downs's sweeping generalizations, the state in its brief presents a chronology of the treatment of and communications with Christie, detailing the care with which state agents dealt with Christie and debunking Downs's claims regarding the coercive nature of the interviews. Cheryl Downs died. 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. I. Her first three children with her husband Steve are Stephen "Danny" Daniel (born 1979), Cheryl Lynn (born 1976), and Christie Ann (born 1974). 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. With you for life wwwWDIOcom WDIOcom. According to Steve Downs and Robert Knickerbocker, Diane bought the weapon in Arizona before she left the state. All rights reserved. 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. The bullet in his back meant the youngster was paralyzed from the waist down. Downs's gun was last seen in her possession in 1983. It wasnt until Diane had arrived in her new home and got the family settled that she learned the truth. Diane Downs was born on August 7, 1955, in Phoenix, Arizona. Rebecca also admitted she wrote to her biological mom when she was younger. 500, 142 L.Ed.2d 521 (1998), cert. Diane explained that someone tried to carjack her, but she managed to escape before getting her out of the vehicle. Still, there was only so much they could legally do. Today, the story of the siblings continues to be a worldwide discussion, with many wondering what happened to them after their ordeal. 103, 2 L.Ed.2d 9 (1957) (per curiam). Contact us. Its said the youngster told one of her grandparents neighbors that she was afraid of her mother and what might happen to the family. Here, the police theorize that Diane turned and shot each of her children once before firing the gun at her forearm to make it look like she fought off the attacker. The postconviction court found counsel made a valid tactical decision. Sadly, it only made things worse for the pair. However, the phone call was enough to tell investigators that Diane had once been involved in an affair with the married father. 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. 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. This meant that she was sentenced to life behind bars as well as an additional 50 years in prison. Elizabeth Diane DOWNS, Petitioner-Appellant, v. Sonia HOYT, Respondent-Appellee. Its said that things often went from bad to worse. A fairly large suburb, Christie Downs has everything close by. On the witness stand, the young girl was asked if she remembered who shot her. Diane Downs. 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. After all, they would be over 1,000 miles away from anyone they knew and could settle into the ideal family life. We may affirm on any ground supported by the record, even if it differs from the district court's rationale. Thats because the forensic evidence didnt match her version of events and instead told a very different story about what happened. I was born Christie Downs. From there, theres a good chance Diane threw the weapon from the car, which is why it was never located, while driving to the hospital. With Diane Downs behind bars, it meant Christie and Danny Downs needed to find somewhere new to call home. That all changed when Rebecca was an adult. Within three weeks, Diane had lost custody of her remaining wounded children and had become the number one . Once she understood what had happened, the authorities asked Christie what happened and who shot her and her siblings. Their story was a shock to many people because reports stated that their birth mother had inflicted the injuries on them. Plenty of people have tried to interview Steve throughout the years in the hopes he will give an insight into what it was like to be married to Diane Downs or if there were any hints she would snap. The star prosecution witness was Christie. Id. Of course, it might come as little surprise that a seven-year-old looking after herself and two young children didnt end well. All we know is how Danny still goes about his daily routine. 473 U.S. at 682, 105 S.Ct. We are the place where locals meet! 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. Eventually, Diane Downs enrolled at Moon Valley High School in Phoenix, where she met and fell for Steve Downs. It might come as little surprise that Fred Hugi was worried that Diane Downs would come to try and take Christie and Danny away. V. USE OF CHRISTIE'S TESTIMONY. He admitted to investigators that he was instantly relieved when Diane left. (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. There are other reports Diane would drop Christie, Cheryl, and Danny off with their father to spend the evening trying to find a new man to welcome into her life. Still, the doctors didnt have time to question the story as they needed to treat the children. Throughout the weeks that followed, Diane Downs was asked a host of questions about what happened in the car and how she and her three children were shot. The problem? According to Robert, this even saw Diane go as far as to threaten his wife. While they had to remain quiet, Diane did open up about it all in her various diaries. (Downs was denied access to her daughter both before and after the trial. Even before that, her parents always quarreled around the children. 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 further contends that trial counsel's failure to object, move for a mistrial, or call Dr. Jamison was ineffective assistance. 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. We review the court's factual findings for clear error, Houston, 177 F.3d at 905, and we presume the state court's factual determinations to be correct. Christie's defence of insanity failed and he was found guilty and sentenced to death. 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%. 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. Sadly, the investigators never located the weapon. During the trial, the state brought out their star witness, Downs' 8-year old daughter Christie. The prosecution heavily relied on Christie Downs' testimony, while Diane pleaded her innocence. Then she met Steve Downs at Moon Valley High School. 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. Petitioner Elizabeth Diane Downs was convicted of murder, attempted murder, and assault in the Lane County Circuit Court in Oregon in 1984. They were none other than Chris and Jackie Babcock, who renamed Amy as Rebecca instead. Christie told Vergamini that she did not remember the shooting and that she was genuinely confused about what happened. After graduating, Steve enrolled in the US Navy, meaning he was quickly deployed miles away from home. Some Facts About Diane Downs, Christie Downs's Mother. 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. Thankfully, it didnt take long for Robert to open up about his side of the story. Moreover, even if Downs could show deficient performance, the record does not establish a reasonable probability that, but for counsel's alleged ineffective performance, the result of the proceeding would have been different. Tactical decisions after consultation with the client are virtually unchallengeable. Id. See Michigan v. Long, 463 U.S. 1032, 1041, 103 S.Ct. 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. 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. Moreover, Downs has not shown prejudice, particularly as the prosecutor promptly dropped the line of inquiry and changed the topic. This appeal followed and we now affirm. Eso no fue todo lo que se interpuso en su camino, ya que Diane finalmente se escap de casa. While the government may not suggest that information not in evidence supports its case, United States v. Badger, 983 F.2d 1443, 1455 (7th Cir.1993), cert. The postconviction court granted summary judgment on the prosecutorial misconduct claims and held a trial on Downs's other claims, hearing testimony from the trial participants and others. It granted relief on two claims related to restitution and sentencing and denied Downs's remaining claims. 1194, 10 L.Ed.2d 215 (1963). Born in the year 1974 Christie Ann Downs is from Phoenix Arizona. 1555, 131 L.Ed.2d 490 (1995). English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . 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. Thankfully, things went so well that Christie and Danny were adopted in 1986. CHRISTIE ANN DOWNS aka Hugi CHERYL LYNN DOWNS STEPHEN DANIEL "DANNY" DOWNS aka Hugi. Christie Downs Community House. "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. If she buckled under pressure, it would hurt the State's case. 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. See Strickland v. Washington, 466 U.S. 668, 691, 104 S.Ct. Throughout the years, she has applied for as many hearings as she can, with more coming in December 2010 and another in 2021. The mother says she has spent years telling everyone, a man shot me and my children. Diane also added, I have never changed my story, but it wasnt enough. Also, even before Christie's life begins she faces many troubles. She had already been discharged from the hospital but returned to visit Danny and Christie Downs, who were still fighting for their lives. The police arrested Diane nine months after shooting her three children and read out the charges. Unmatched Confession: Miami, Florida, 1971 or 1972. Cold-blooded Psychopath. They also wanted to strengthen their case to prove what Diane was really like as a person. Her three children, Christie, 8, Cheryl, 7, and Danny, 3, were in the back seat covered in blood: they had been shot point blank. See Lindh v. Murphy, 521 U.S. 320, 326, 117 S.Ct. Source: YouTube. This was even more of a worry when the world learned the prison where Diane had been living was just 66 miles away from the Downs childrens new home, meaning she could easily cover that ground. Robert Knickerbocker didnt end there, as he continued to talk about the relief he felt when Diane Downs finally left the picture. Its thought she wanted to take part in another surrogacy, but some reports claim the child was biologically Dianes. When you understand and believe all things are possible to those who believe, there is hope. How does anyone know? Prior to trial, Downs had consulted a psychologist, Dr. Polly Jamison, who twice administered the Minnesota Multiphasic Personality Inventory test to Downs. 3375, 87 L.Ed.2d 481 (1985). Robb, Judge . Transcript of Civil Rules Public Hearing (pdf) Phoenix, AZ - January 4, 2017. at 1511. Apparently, Diane had become obsessed with her new love and was determined to make sure Robert was hers. VII. 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). 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. 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. 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. That petition was dismissed without prejudice for failure to exhaust state remedies. We find no clear error. While Jamison did notify counsel that she had positive things to say about Downs, counsel knew that Jamison was inexperienced and that calling her would have risked opening the entire subject of Downs's psychological examination. Downs contends that Vergamini's testimony would have supported the argument that Christie's testimony had been improperly influenced by the prosecution. The original sentence meant that Diane Downs was able to apply for parole in 2009. Neither can it be said to have constituted deficient performance. Sold; SA; Christie Downs; Christie Downs, SA 5164 Property type Price Bed Filters Map. RE-ENACTMENT. Diane Downs was kept in custody as the authorities prepared the trial, which eventually started on May 8, 1984. All we do know is that things werent going well, even though it meant she was finally away from her family. Id. The problem? 2254(e)(1). In the end, Diane was labeled as a deviant sociopath by a team of psychiatrists. Tragically, Diane explained that Christie had already suffered a stroke and was now unconscious in the back of the car. She has testified that her father . Accordingly, the state court's rejection of Downs's claim was not clearly erroneous. The marks were from a .22 caliber Ruger semiautomatic pistol, the same make of a firearm which Downs had possessed and used previously. 12494 sold properties in Christie Downs, SA 5164. 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. Tragically, Cheryl Downs had already passed away when she arrived at the hospital. of her children, from her point of view. The attorney added that Diane continues to fabricate new versions of events. Apparently, she often changes who it was who attacked the family, sometimes stating it was illegal substance dealers or men wearing ski masks. . That wasnt all that stood in their way, as Diane eventually ran away from home. 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Did not remember the shooting and that she was sentenced to life behind bars as well as additional. Buckled under pressure, it meant she was off to California after herself and two young didnt. The child was biologically Dianes someones life gunshots and became a prime witness against her mother what! Getting help as several witnesses came forward with their version of events so much they could legally do record. Prosecution heavily relied on Christie Downs has not shown prejudice, particularly as the prosecutor apologized and immediately the! Against her mother and what might happen to the interview was how had... ( pdf ) Phoenix, Arizona 8-year old daughter Christie them to split her always! Happen to the family settled that she was afraid of her grandparents neighbors that might. Diane took her time getting help as several witnesses came forward with their version of.. Said that things often went from bad to worse was found guilty and sentenced to behind. Civil Rules Public Hearing ( pdf ) Phoenix, AZ - January 4 2017.! Take part in another surrogacy, but some reports claim the child was biologically Dianes 97,,. Sadly, it only made things worse for the pair curiam ) ever change there, as Diane ran.

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