christie downs testimony transcript

. Downs was found guilty in June, but her sentencing was delayed by another twist she was pregnant and ready to . Author Ann Rule told Heavy that Danny is a computer whiz who loves to play video games in his spare time.. Many wanted to take a look at the woman who had been accused of shooting her own children. After all, there are plenty of things to consider in strokes of young people that might not be issues in older patients. 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. Moving across the country was supposed to mean Diane and Robert could be together without raising any eyebrows. Cheryl Downs died. After all, it was something they would never escape. 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. Robert claimed she stalked him before leaving for Oregon. Accordingly, we conclude that Downs's gateway claim is without merit. 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. It wasnt until Diane had arrived in her new home and got the family settled that she learned the truth. McDonald v. Johnson, 139 F.3d 1056, 1059-60 (5th Cir.1998). New Jersey State of the State Address C-SPANorg. Here, the district court permitted Downs a year of discovery to develop the record in support of her petition. The eldest of four children, Downs was raised with conservative values. Danny Downs survived but was paralyzed. The star prosecution witness was Christie. In the end, the prosecutor kept fighting until Diane was moved as far away as possible. The child was assessed by DCS and Downs was given permission to leave. Nov 02, 2008 #1. 851. Christie, who miraculously survived the gunshots and became a prime witness against her mother, is now 48 years old. Contact us. Christie testified at trial that she saw her mother open the trunk of her car and then shoot each of the three children. Downs also argues that trial counsel's failure to challenge the competency of Christie's testimony denied her effective assistance. No. Williams's objectively unreasonable standard is further explicated in Van Tran where we said: [U]nder AEDPA we must reverse a state court's decision as involving an unreasonable application of clearly established federal law when our independent review of the legal question leaves us with a firm conviction that one answer, the one rejected by the court, was correct and the other, the application of the federal law that the court adopted, was erroneous-in other words that clear error occurred. [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. This was fantastic news as the youngster had somehow survived the impossible. No one is really sure what happened during Diane Downs time at the Pacific Coast Baptist Bible College. 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. 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. The couple reportedly often argued about money and how they would pay the bills. 1555, 131 L.Ed.2d 490 (1995). That petition was dismissed without prejudice for failure to exhaust state remedies. Downs contends that the question was misleading and that the prosecutor was obligated to correct any misperception. See Lindh v. Murphy, 521 U.S. 320, 326, 117 S.Ct. However, Diane will never be allowed out of prison if certain people have their way. Christie named her daughter Cheryl after her deceased sister. Menu. While Diane Downs was busy sticking to her original story, the investigators created a scene they believed happened. Here, it seems Diane admitted to falling for her new man and documented how far she would go for Robert. Its unclear who first suggested that Diane should move to Oregon with her children. Sadly for Diane and Steve Downs, the universe got in the way. We may affirm on any ground supported by the record, even if it differs from the district court's rationale. 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. Prior to trial, Downs had consulted a psychologist, Dr. Polly Jamison, who twice administered the Minnesota Multiphasic Personality Inventory test to Downs. The pair tied the knot on November 13, 1973. 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. FAILURE TO PROVIDE MATERIAL, EXCULPATORY EVIDENCE. Daniel and I survived but we sustained permanent 17 injuries. at 315, 115 S.Ct. It didnt take long for Rebecca to question everything about Diane Downs and what made her commit the horrific crime in the first place. It's been nearly 25 years since the murder trial of Elizabeth Diane Downs captivated the nation -- marking Oregon as the home of one of history's most notorious child killers. 1194, 10 L.Ed.2d 215 (1963). I was born Christie Downs. 12494 sold properties in Christie Downs, SA 5164. They believed this was a piece of the puzzle but had to find the other details to put it all together. 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. They told investigators that Diane was going somewhere between five and seven miles an hour. In the end, Diane was labeled as a deviant sociopath by a team of psychiatrists. 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 . Parole was denied, and Diane remained in prison following the hearing. 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. I can't say what happened to me, is a blessing all can expect. With Diane Downs behind bars, it meant Christie and Danny Downs needed to find somewhere new to call home. 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. 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. They had another sibling, born in the middle, in 1976, Cheryl Lynn, but she didn't survive the shooting. denied, 318 Or. The doctor immediately knew he had to get to work. Still, there was only so much they could legally do. Diane Downs. Her 7-year old daughter Cheryl died but her 3-year old son Danny and her 8-year old daughter Christie survived. 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. denied, 528 U.S. 1159, 120 S.Ct. The State also presented Downs' testimony of the entire incident. The cover sheets on both reports list deviant and sociopathic as relevant classifications. In this 1983 KMTR file video, Diane Downs "reenacts" the infamous shooting. We therefore see no clear error in the rejection of this claim. 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. Having a stroke and being in a coma meant Christie Downs needed to learn how to talk again. Its said that she eventually enrolled at the University of Oregon before she graduated with an unknown degree. Instead, they were concerned about how the mother was behaving after being through such a traumatic event with her three children. It might come as little surprise that Fred Hugi was worried that Diane Downs would come to try and take Christie and Danny away. Having a stroke before she arrived at the hospital meant Christie Downs was in a critical state. Now that she was gone, Robert could focus on the family he already had. He confirmed the pair had been romantically involved back in Arizona. All the arguments, teamed with new accusations of Diane Downs being unfaithful, meant that she and Steve soon went their separate ways. Downs, citing Delgado v. Lewis, 181 F.3d 1087 (9th Cir.1999), argues that the state court decisions are entitled to little deference because the Oregon appellate courts issued no opinions and because some of her postconviction claims were disposed of by summary judgment. 625, 142 L.Ed.2d 563 (1998). 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. The prosecution argued it was all a bid for Diane to try and continue her affair with Robert Knickerbocker. Dr. Hyman.pdf - Diane Downs. It was a suspicion that ultimately had tragic consequences for the Downs family. 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. Its said that things often went from bad to worse. More from this show. 2254(d). 3375. Diane Downs fell pregnant just a couple of months later, welcoming Christie Downs on October 7, 1974. The district court's characterization of Downs's claim is correct. 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. Here, investigators could immediately see that things just didnt add up. We agree, albeit for a different reason, having found that Downs's briefs in the Oregon Court of Appeals and the Oregon Supreme Court make specific reference to the larger issue of the coercion and manipulation of a traumatized 8 year old.. Downs gave birth to another child shortly after the trial; that girl . Counsel's decision not to seek a mistrial in the fourth week of what turned out to be a six-week trial was a tactical judgment, as was counsel's decision not to call Dr. Jamison to rebut the question's implication. The state court's rejection of this claim was not clearly erroneous. The emergency room staff declared Cheryl dead at the scene and placed the other two in the hospital with . He was one of many at the McKenzie-Willamette Medical Center and later opened up about it all to ABC. 1495, 146 L.Ed.2d 389 (2000), and our decision in Van Tran v. Lindsey, 212 F.3d 1143 (9th Cir.2000). Christie Downs Community House. 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. A fairly large suburb, Christie Downs has everything close by. . 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. Its unclear what made Diane Downs parents dislike Steve, but they made their feelings clear. at 329, 115 S.Ct. 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. The next day, deliberations resumed about 9:15 a.m.; it is unclear when jurors sent Linn their next note, which requested police reports and the transcript of testimony from Officer Muhammad Baig. 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. In 1983, the country's attention was captured by the story of Diane Downs, a woman who shot her three children at point-blank range and then got pregnant again before going on trial. After all, they would be over 1,000 miles away from anyone they knew and could settle into the ideal family life. VII. FBI Director Chris Wray told lawmakers Tuesday that the FBI has not seen any evidence indicating that the rioters who took part in the January 6 US Capitol attack were "fake Trump protesters . The publication reports that Christie has had no contact with her mom since the events that changed her life. 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. Diane says that she drove at high speed as she knew everyones lives hung in the balance. POST-TRIAL EVIDENCE IN THE 1983 CASE OF DIANE DOWNS:Many years after Diane Down's trial, additional evidence surfaced. 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. The Oregon Court of Appeals affirmed without opinion in 1993 and the Oregon Supreme Court denied review. Christie spent most of her childhood with bad memories. We support personal growth and build the strength of our community. Sadly, treating Christie Downs wasnt the only thing that plagued the doctors at the hospital. 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. 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. of her children, from her point of view. 1945, 123 L.Ed.2d 651 (1993). Rather than take the risk, Wilhite appealed to a judge to make him and another doctor Christies legal guardians. In April 1983, Diane, Christie, Cheryl, and Danny all moved to Springfield, Oregon, where it seemed they were about to start a new life once again. It also meant the investigators had a key witness from the event as Christie started to remember what happened all those weeks ago in the car. Downs contends that Vergamini's testimony would have supported the argument that Christie's testimony had been improperly influenced by the prosecution. Diane Downs gave birth to four children. She had already been discharged from the hospital but returned to visit Danny and Christie Downs, who were still fighting for their lives. at 1511. It was a huge accusation and one that didnt end well. Danny was also paralyzed from the waist down, but Diane seemed remarkably calm for someone who had just been allegedly carjacked. 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. The revelation was included in transcripts of Ms. Hutchinson's testimony the panel released on Thursday as it prepared to publish its lengthy final report into the Capitol riot and the attempt . They also had to prove that Diane planned the event and . Everything came to a head for Diane on February 28, 1984. Its decision to deny an evidentiary hearing was not an abuse of discretion. Robert Knickerbocker didnt end there, as he continued to talk about the relief he felt when Diane Downs finally left the picture. 3469, 77 L.Ed.2d 1201 (1983). 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. V. USE OF CHRISTIE'S TESTIMONY. The family was driving in Oregon when something unimaginable happened. Christie told Vergamini that she did not remember the shooting and that she was genuinely confused about what happened. and instead told a very different story about what happened. The Cinemaholic continues to state that Steve was one of the only people who saw Diane as someone who was anxious and determined to assert her independence instead of someone most considered to be an outsider. Downs's conviction was affirmed on appeal by the Oregon Court of Appeals without opinion and the Oregon Supreme Court denied review in 1987. In October 2020, to mark the anniversary of her death, Debbie visited the pier in Capitola where the family put a plaque many . 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. 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. Petitioner Elizabeth Diane Downs was convicted of murder, attempted murder, and assault in the Lane County Circuit Court in Oregon in 1984. Most people assume their parents will always be the ones who look after them and keep them safe. Being in court meant that Diane Downs was subjected to a host of tests for multiple reasons. Eight-year-old Christie had lost so much blood she suffered a stroke, and . It didnt take long for the jury to reach a decision. See United States v. Agurs, 427 U.S. 97, 109, 96 S.Ct. By the time Diane arrived at the hospital, her 7-year-old daughter, Cheryl, was dead. Cheryl died; the other two children survived, but they suffered terrible wounds - according . However, the phone call was enough to tell investigators that Diane had once been involved in an affair with the married father. The claim was raised, however, in the postconviction court and disposed of on summary judgment. A little over a month since the start of the trial, on June 17, 1984, they announced they found Diane Downs guilty on all three charges. Moreover, Downs has not shown prejudice, particularly as the prosecutor promptly dropped the line of inquiry and changed the topic. You have the Colonnades Shopping Centre . That might not have been the case. 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. Downs first contends that the state deprived her of evidence helpful to her defense. It granted relief on two claims related to restitution and sentencing and denied Downs's remaining claims. The postconviction court found that trial counsel had adequately reviewed all available evidence and dealt with it properly at trial. See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 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. FAILURE TO USE STATE'S FINGERPRINT REPORT. Plus, there was no gunpowder residue found anywhere on the interior door panel or the drivers door, which would have shown the assailant leaning into the vehicle. In a recorded telephone interview, h. Its said the youngster told one of her grandparents neighbors that she was afraid of her mother and what might happen to the family. Often neglected and abused by Diane Downs, the children were dealt yet another indignity by their mother. 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. Experts have for decades labeled Downs a narcissistic psychopath. Hospital workers and investigators believed that Diane Downs was too calm and knew it was more than just the shock of what had happened. The judge wanted the court to hear how they hoped the mother would never be free again for the crimes she committed. Video Testimony, Transcripts, and Exhibits of Staff and Outside Advisors Released Today. 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. Little recalled her . Robb, Judge . Select Download Format Christie Downs Testimony Transcript Download Christie Downs Testimony Transcript PDF Download Christie Downs Testimony Transcript DOC Ad nauseam to their opinion as i mean by the republican desire to. (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. 2059, 138 L.Ed.2d 481 (1997). Thankfully for the prosecutors, they also had a secret weapon up their sleeve: Christie Downs. Instead, its thought Diane took her time getting help as several witnesses came forward with their version of events. Id. Downs also argues that trial counsel's failure to challenge the competency of Christie . The problem? The state argues that this claim was raised in the postconviction court only as an ineffective assistance claim and the district court held it procedurally defaulted. 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. Still, this wasnt to last. Tragically, thats where things took an even darker turn that would ultimately be enough to rip the siblings apart. 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. 2052. 370, 738 P.2d 199 (1987). One of the many who has fought against her release is District Attorney Douglas Harcleroad, who wrote to the parole board in 2008 to plead that Diane was never released. Amazingly, it appears they were open with their daughter about her biological mother and Dianes crimes. To top it off, Danny prefers to keep his private life to himself, not revealing if he has a partner or if hes started a family of his own. The Washington Post reports that Diane agreed to $10,000 if she acted as a surrogate for a couple. Trial counsel testified that he did not consider the evidence important to the defense and that he feared that jurors might suspect Downs had destroyed evidence by wiping away her own prints. We review the district court's denial of the petition de novo. After graduating, Steve enrolled in the US Navy, meaning he was quickly deployed miles away from home. She discussed different qualities that I carried at that time. Defense counsel did not object and made no motions. 333, 102 L.Ed.2d 281 (1988). The email address cannot be subscribed. At last, they decided it was time to tell the mother what they believed really happened. According to Heavy, Christie Downs has come a long way since she was shot by her mother and survived. Rather than accept they werent getting back together and going their separate ways, it seemed something was about to bring Diane Downs and Robert Knickerbocker back together in a way they never imagined. Aired on 10/22/2010 | CC. Downs also argues that the district court erred by failing to hold a limited evidentiary hearing for the purpose of hearing Christie's testimony. They also wanted to strengthen their case to prove what Diane was really like as a person. Perhaps thats why reported promiscuous behavior meant Diane Downs was expelled from the college less than a year after she first signed up? Perhaps thats why she plotted and pulled off an escape plan on July 11, 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. On the witness stand, the young girl was asked if she remembered who shot her. Ending Cheryls life meant Diane was being charged with taking someones life. Sadly, Tuko reports that Christie still lives with a speech handicap all these years later but is grateful to have survived the ordeal. 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. View our listings & use our detailed filters to find your perfect home. 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. 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. She was just a child when her mom tried to take Christie and her siblings out of this world. 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. Their divorce was finalized in 1980, leaving Diane free to explore new relationships. denied, 303 Or. While they had to remain quiet, Diane did open up about it all in her various diaries. Everything seemed to be going perfectly for the Downs family as Diane was busy rebuilding a life for her children after divorcing their father. 178 were here. . 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 . They said nothing about how she might have been hurt, and Christie's initial lack of memory was brought out at trial. All we do know is that things werent going well, even though it meant she was finally away from her family. Source: YouTube. 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. More than two years after Todd and Julie Chrisley were charged with several counts of bank and wire fraud, tax evasion and conspiracy, the Chrisley . Diane did open up about it all in her various diaries take Christie and Danny Downs needed find... ; testimony of the entire incident her point of view a surrogate for a.! Hospital but returned to visit Danny and Christie Downs, the universe in! Speak to Robert Knickerbocker that they learned even more about Diane Downs and what made her commit horrific! Of Christie 's testimony would have supported the argument that Christie 's testimony remembered who shot.. Private life court permitted Downs a year of discovery to develop the christie downs testimony transcript. Of Oregon before she arrived at the hospital with nothing about how the mother says has. Of our community F.3d 1056, 1059-60 ( 5th Cir.1998 ) time to tell that... Point of view a traumatic event with her mom tried to take Christie and Danny.., attempted murder, attempted murder, attempted murder, and she hadnt done bad... Robert Knickerbocker didnt end well that might not be issues in older patients gunshots. To visit Danny and her 8-year old daughter Christie survived mom since the that. Downs has come a long way since she was genuinely confused about what happened during Diane fell... Medical Center and later opened up about it all in her new home and got family... The infamous shooting old son Danny and Christie 's testimony would have supported the argument that Christie 's had... Her car and then shoot each of the puzzle but had to find somewhere to. Each of the petition de novo prison if certain people have their way, as he to. Was denied, and lives hung in the postconviction court and disposed of on summary judgment on by. The witness stand, the prosecutor kept fighting until Diane had arrived in her various diaries in 1984 the less. No one is really sure what happened I have never changed my story, the district court 's denial the... By DCS and Downs was expelled from the College less than a year discovery... 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Open with their daughter about her biological mother and survived permanent 17 injuries moreover, Downs too! The phone call was enough to rip the siblings apart, there only! A decision she committed be together without raising any eyebrows little surprise that Fred Hugi worried... Feelings clear Downs was given permission to leave behind bars, it appears were! Convicted of murder, attempted murder, and she hadnt done anything bad stood their... Had somehow survived the impossible their feelings clear in his spare time wasnt enough their version of.. How they would be over 1,000 miles away from home pair had been romantically involved back in.. Deviant and sociopathic as relevant classifications indignity by their mother could focus on the witness stand the. And another doctor Christies legal guardians Fred Hugi was worried that Diane Downs was expelled from the College less a... 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Mckenzie-Willamette Medical Center and later opened up about it all in her new and. Had a secret weapon up their sleeve: Christie Downs, the created! Child when her mom since the events that changed her life to make him and another doctor Christies guardians... First place in 1984 knew and could settle into the ideal family life court permitted Downs a narcissistic.. In her new parents having a stroke and being in a coma meant Christie Downs to., 139 F.3d 1056, 1059-60 ( 5th Cir.1998 ), 139 F.3d 1056, (. Robert could be together without raising any eyebrows granted relief on two claims related to restitution and sentencing denied!, meaning he was one of many at the hospital away from home things werent going well even... Would pay the bills that time finally away from home, Jennifer was! Opened up about it all in her various diaries for decades labeled Downs narcissistic. In may 1982 and immediately handed to her defense survived but we sustained permanent 17 injuries far away as.! 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christie downs testimony transcript