4. Instead, it is Diane who fought to keep her children. It is called a conflict of interest. and so on. 5. but I think there are some extreme cases that knock women in a bad psychotic way that can be life threatening. Her arm was severely damaged, so shattered that she needed a graft from a hip bone. Completely unethical, and not in the best interest of those children. Seems to me that if that part of the story were true, and she really wanted to find her childrens shooter, she would have provided that information. It would be about November 20th that you would have gone back with Charlene, what, the next day? The following article hopes to help you make more suitable choices and get more useful information She was the star witness in her mom's prosecution and her testimony helped convict her. They would have welcomed them with open arms. Mr. More reason to have investigated the case more thoroughly. What followed was a tragedy subject to many interpretations. Another conflict of interest. I was shocked any asked why she thought that. I am not saying that Diane was a saint or Ann Rule a demon. That poor girl. why didn't steve downs get custody. She waseighteen and soon realized that she had jumped from the fire into the frying pan. Yes, I had filed for divorce and then I canceled it. The mommy murderess pulled her car over the side of the road and shot her three young children in the backseat. It wasnt simply her demeanor that got her convicted. He failed. They checked her nails to see if she could have buried the gun and they were clean. 3. In the blog, there is a link on the subject of bipolar people who tend to laugh at the wrong time. ANNE RULES BOOK IS A LIE, ,ALL MADE UP CRAP. Bannon, a former adviser . A. I was still living in the house, yes, sir. Her trial was speculative and based on so many fallacies. As for how to answer this question,,, seems like he is assuming guilt and because of this my parents or me or my brothers and sister, our uncles and aunts were not considered because of an unproven allegation Does he truly believe this is ok??? The popular TV movie Small Sacrifices was based on Ann Rules book and it painted a horrid picture of the mother accused of shooting her children on Old Mohawk Road. I dont know either if she is guilty or not, but I believe there is a reasonable doubt surrounding the circumstances. Additionally, homicide or assault victims shot by someone else can test positive for GSR. And to say that her mental health has degraded is an understatement, but more reason not to keep her eternally incarcerated. I appreciate the way you dont try to determine guilt or innocence in your blogs but instead focus on due process and the right of all to a fair trial. The fact that she took the kids to the nearest hospital, andtwo of them survived kind offlies in the face of their murder at all costs theory. It would not benefit you, my children, or society for me to perpetuate that lie. And with hindsight, the fact that this young mother had a personality disorder probably brought a lot of drama to the mix. I have plans to go hunting with the husband of one of the alternates.. I also found it curious that when Diane was first eligible for parole she was allowed to apply every 2 years thereafter until she either gets paroled or dies in prison. Hugi didnt rush in and take the kids, he had time to consider. She wrote to the governor several times after being dismissed coldly by Hugi and the system. A sick kid who had a stroke and traumatized being pressured for weeks to remember her mother killing her? To this day, there is not enough evidence to prove her guilt or innocence. When a white attractive woman like Diane Downs appears on the scene while displaying seemingly unpleasant characteristics as a mother and a personality disorder, there is no telling what the media will do with the story. In the spring of 1986, Christie confided to school mates that shed been coerced to lie in court, to implicate her mother (Appendix 1-2). It will not make me popular, but I dont mind. Therefore, my understanding is that the original sentence is deemed indefinite with parole hearings every 10 years. I feel sorry for Diane too. I personally disagree with that practice but it is common. I know several people who know or knew both of the surviving children as well as Diane. A very reasonable request that was rejected. The incident left Cheryl dead, Danny paralyzed from the waist down, and Christie suffering from a stroke that affected her speech. And to make her story believable, she shot a round in her arm before going to the hospital, claiming that she was a victim of a terrible carjacking. What is known for a fact, is, Prosecutor Fred Hugi took physical custody of Christie and Danny shortly after Christies confessions to her school mates, and he officially adopted them in the summer of 1986. Her daughter told the media she watched Small Sacrifices several times. And being the mother of three only served to propel Diane in a more manic state. Right after her first surgery, The Detectives were adamant that they HAD to have Diane right then to recreate the incident- unless of course, you have something to hide. But, their marriage was far from what either of them had expected. They already had made up their mind that Diane was the perpetrator so they laughed off the idea of the bushy haired stranger. The problem was that they could not find the gun anywhere and they had nothing on Diane. In 1991, David Brewer, a juror who deliberated Dianes fate in her 1984 trial, came forward to say he and another juror had decided to acquit Downs by the close of the States presentation. Were they involved in the plot too?? But without proof, Diane couldnt implicate Steve Downs any more than she could shoot him as he violated a restraining order threatening to beat her AGAIN. As you said, the system has to work for everyone and you cant change the rules because a case is high profile without muddying the waters. You are right. But I know that there were major problems with this case. Despite all of this: that the attorney became a Foster Carer irrelevant, inflammatory, subjective and bears no reflection on the trial, or indeed the trial outcome. Click here to read the complaint. It wasnt their fault, it was the job of the social workers and the courts to make sure the kids were not isolated from family. I think u need to read the facts. Therefore, it is hard knowing where he is right now, considering his low profile of keeping away from the spotlight. I dont understand how the family court managed to isolate 2 severely traumatized and grievously injured children from their entire family. He knows as he was in court and must have photos. They did not like her attitude and she did not behave the way they expected a grieving mother to act. There is only one major problem with your scenario. 2. Yes, but it is a fact that she was starting to say that she did not know who shot them when it happened. If you shoot at least 6 inches from a victim, you see what is around you in the car. Child Protective Services takes confidentiality to the extreme (warranted in most cases). It was Judge Footes first criminal case and it was against a woman whose children he had removed from her care even though she had not been convicted or sentenced; a conflict of interest and pure madness. She was no mother of the year and in the car when the kids got shot. HUGE conflict of interest. Without her daughters testimony and the lies about the gun, they could not have found her guilty in a fair trial. I also found it interesting that when he had visited Diane in prison, he had remarked a strange air about her; which did not mean guilt. She was more interested in the affection of men, which on that fateful day in 1983 gave her an idea. Considering the circumstances, it is difficult not to be a bit cynical about this grand gesture: relevance? She had no priors and no history of violence in prison. The most recent tape of her daughter is not admissible because it is never allowed to bring out tapes that were obtained this way. She. As she walked away, Detective Welch called after her, If you dont testify against Steve, youre going to lose everything. Diane turned back to say, Show me proof, and walked away. The case NEVER made sense to me. This was the prosecution and conviction of (Elizabeth) Diane Downs who has now been incarcerated for too many years in one of Californias (overcrowded) State prisons. But you are right, some members of the jury and public had a reasonable doubt. Her release was recommended by a warden and a psychiatrist. Doing it without witnesses when she was so sick is underhanded. During closing arguments, Fred Hugi said that the murder weapon used by Diane was a Ruger, and the state had the model number and the bill of sale. She even became a surrogate mother to make money and provide two parents the opportunity to have a child. The whole family were co-conspirators and involved in the crime? Sad situation. You can click here to read about the case of Alice Crimmins during which the lead detective was heard telling the other cops before the bodies of the children were ever found:You take the husband, Ill take the bitch.. Speculative? He had an attorney, Fred G. Campbell Jr., send us a letter denying our request and telling us: You are legally, as well as factually, a stranger to them. Who does he think he is? The powers that be knew they had nothing on Diane so Christie became their sacrificial lamb. They removed them and proceeded to interrogate the poor girl until she gave them what they needed. Diane was in the hospital for a bone graft from June 2nd until June 6th, 1983. As you might know, Dianes father passed away after many years of anguish over the fate of his daughter. Dianes injury had to be quite painful and shewas in shockwhile driving to the hospital and accompanying the detectives to the crime scene. If you had, you would clearly know that I do not claim her guilt or innocence. Mind you, it is before the trial. I think you may be right that she is likely still locked up due to her diagnoses of antisocial, histrionic and narcissistic, but again, no one would care and this crappy diagnosis wouldnt have been bought and paid for if not the high profile nature of the case. In her book Heart Full of Lies, Rule took so many liberties with the facts that Liysa Northon sued her. She was harshly judged because of her demeanor. There are many cases where investigators jump to conclusions either because in their gut they think they know or pressure to make an arrestand i guess with all the attention this case got they gave their gut and the public what they wanted.