©2021 Salem-News.com. Wes: Well she was actually followed from the site back there by someone, I don't remember the name now, it is in the record... as she made her way to town, so they verified that she came that route. Wes: We should have hope, I'm beginning to lose confidence though. At least, that's the story Diane Downs told police. Tim: If attorneys who are watching this have any great thoughts, can they email you? Her three children, Danny, Cheryl, and Christie, were in the back of the car and had all been shot—and she herself had a gunshot wound in her left forearm. One daughter died and her son was paralyzed. Downs was convicted of shooting her three children. "[22] Her first parole hearing was on December 9, 2008. COC co-host Dr. Andrew D. Jackson will track us through the questionable forensics in Diane’s case, aided by Diane’s brother, Mr. James Frederickson. I mean the headliner of the car was soaked with blood, it looked to me from the photos that anybody who would have been anywhere near that shooting would have had plenty of evidence on them. On the night of May 8, 1982, Elizabeth Diane Downs gave birth to a baby girl, Jennifer, in a delivery room where the traditional bonding of mother and newborn had been turned upside down. Wes: They didn't have him testify in court, but in the hospital he asked 'why that man shot me, why that man shot me?'. Diane Downs was convicted because she didn't appear "sorry enough" during her TV appearances. Wes: I think that he had several opportunities just like that and he just... 'No further questions'. At that same time, another prosecutor in the case, Pat Horton, was under investigation for alleged ties to the drug trade and other illegal activity. Under Oregon law at the time, as a dangerous offender, Downs would have been eligible for a parole hearing every two years until she is released or dies in prison. I don't think you can wash off those residues. Downs was convicted on all charges on June 17, 1984, and sentenced to life in prison plus 50 years. In a previous article I cited a US soldier who smiled while talking about the loss of his friends in Afghanistan. Based on this and additional evidence, Downs was arrested on February 28, 1984, nine months after the shooting, and charged with one count of murder and two counts each of attempted murder and criminal assault.[10]. Becky Babcock was born while Diane was incarcerated. Human beings possess different personal mechanisms for dealing with trauma and pain. Tim: Was that maybe the best opportunity that he had? It's not about money because I have plenty of money to... but she says they have it blocked. Wes: Oh I think they perhaps were fair, they reported what they knew but I didn't mean to say that. [8] The forensic evidence did not match her story; there was no blood spatter on the driver's side of the car, nor was there any gunpowder residue on the driver's door or on the interior door panel. My Daughter is the most precious gem in the world to me, and I would take a bullet for HER!!! I've been told that the police said he fell in the room and broke his neck. Wes: If she had been sitting behind the driver's seat as she said, the trajectory would have been downward and there would have been spray all over, blood spray all over the seat, and it was not. That was the Oregon woman who shot her three children, killing one, way back in 1983. Tim: In your mind they knew just what they were going to do before the trial even started... that they were going to have their conviction? That was the start and it has been a long trail since then. Tim: OK, I think that is something James (Frederickson) and I had run into, that he had some type of brand new red car. In 1983, Diane Downs' three children were brought to an Oregon hospital with gunshot wounds. Diane Downs was born on August 7, 1955, in Phoenix, Arizona. During the trial, the state brought out their star witness, Downs' 8-year old daughter Christie. Christie indicates in that interview that she isn't sure about Downs' involvement in the crime. Wes: I've been told that he, after his accident, he went to stay in a motel to recuperate, I don't have any way to prove it. I'll have to keep that one in my book of "How to avoid intrusive parent calls". James Frederickson, brother of Diane Downs, participates in a special radio program Thursday, details below or visit this page. Tim: Right. A mother was driving one night down a rural road in Oregon when her three children, who were asleep in the car, were shot at point-blank range by a stranger in the dark. Tim: Fran Werta is the mother-in-law of James Hanes. All independent from everything else we are talking about. Even though Rule never interviewed Downs, she wrote a book and signed a subsequent movie deal, casting her as guilty. She was denied parole in December 2008 and again in December 2010; her next hearing is set for 2021. Boggled that all of these facts and evidence were over looked and boggled that I have seen how corrupt the court system is first hand. Tim: Was there anything suspicious about his death that you knew of? Tim: In June, but you have several people that were very close to James Hanes who have told you, they do believe indeed he is the one. So now they blame some guy that's dead & can't defend himself? [22], Downs faced her second parole hearing on December 10, 2010, and was denied. It was damning to say the least. Not evidence, not scientific proof. Tim: Most people who have paid attention to this story believe he is indeed the person who pulled the trigger that night. [2] Christie was eight years old at the time of the murder and nine years old at the time of the trial. On November 13, 1973, Diane married Steve Downs after running away from home. Investigators later discovered Downs bought the handgun in Arizona. James Hanes had a nickname of 'Animal' and he proved it many times. Tim: And this is the prosecutor who, after the case was over, went to work for the same people he had been convicting, or not convicting. As a reporter I have covered many stories about Oregon's legal system that show how flawed it can be, and how corrupt it can be. Also the lawyer, Jagger, um, seems.. OK well you just, we went over the one court document, that was the police officer that ran the forensic tests that indicated that she hadn't used a weapon. And both times the parole board has rejected her appeal for release. Wes: We didn't receive any consideration. The girl's testimony convicted Downs even though ballistics tests proved she had not fired a gun. And I've called and they say 'no it's not blocked' but she keeps telling me it is blocked. Downs, who murdered her daughter and shot her two other young children in 1983, appeared calm … Tim: No I don't think the courts were fair either in looking back at this, but it is the Register Guard where we can go read about certain parts of this case that will really make you shake your head. Convicted child killer Elizabeth Diane Downs, who describes herself as the most hated woman in America, giggles nervously as she talks of her plans to … Wes: I did have a phone working so that she could call home if she wanted but for some reason she has been unable to contact us by phone. Wes: He survived the accident but he was in bad shape. The Downs incident occurred on May 19, 1983, when the 27-year-old mother insisted that she and her three children had been shot by a stranger on a deserted road in Springfield, Oregon. You know he was shaking his head as a young reporter throughout the whole thing. There was a lack of blood spatter in places within the car, and Diane didn’t seem emotional enough to some investigators. [1], On November 13, 1973, Diane married Steve Downs after running away from home. Postal service when Diane was around eleven years old. Wes: I was told by people, that James Hanes came and did him in. Tim: So that is Fran Werta, the mother-in-law, his partner that you just mentioned. - Tim King Salem-News.com, Apr-17-2013: Midnight Meditations: Diane Downs Murder Case in Oregon - Dr. Thomas Arthur Billings, Aug-17-2012: Diane Downs: Child Killer or Victim of Injustice? All opinions expressed in this article are those of the author and do not necessarily reflect those of Salem-News.com. Tim: Yup, and then Horton went on to no longer be a prosecutor but to be a representative of the very people he had been... Wes: Yeah, I think he had to leave, because the pressure was on. Diane downs was diagnosed with three personality disorders histrionic, narcissistic, and antisocial personality disorder. [7] Downs herself had been shot in the left forearm. Tim: And his wife became a judge right after this? Diane Downs bore none of those most basic signs of evidence, yet she was still convicted. She was born Elizabeth Diane Frederickson on Aug. 7, 1955, in Phoenix, Arizona. She was the oldest of four children. Diane’s DNA was also found in the blood that was on the socks Sarah was wearing on the morning her parents were killed. Downs was incarcerated at the Oregon Women's Correctional Center in Salem. "[22] Downs participated in the hearing from the Valley State Prison for Women. [12], Downs' two surviving children eventually went to live with the lead prosecutor on the case, Fred Hugi. Tim: OK, and Diane worked as a postal delivery worker, I think many people don't realize that that was... Wes: Yes, she was working in Eugene, and Eugene is a twin city to Springfield. Wes: Oregon has a way of rewarding people. She wrote to Downs in her younger years and has stated that she regrets it, regarding her mother as "a monster."[15]. 1: with Change.org https://www.change.org/petitions/a-g-eric-holder-sent-jeff-merkley-gov-john-kitzhaber-investigate-abuse-of-power-and-criminal-forgery-by-former-oregon-a-g-david-frohnmayer-and-lane-county-government#share 2: with Moveon.org http://petitions.moveon.org/sign/justice-for-nadia-sindi?source=c.url&r_by. Tim: I think anyone who has watched this story knows that you've stood by her from the beginning of this whole thing, and you're still standing by her today, still hoping. My daughter is very strange that way, she is curious to find out what she shouldn't find out. Cheryl Lynn followed in 1976, with Stephen Daniel being born in 1979. Tim: If that wasn't a conflict of interest then I don't honestly know... this is Fred Hugi. [21], In her first application for parole in 2008, Downs reaffirmed her innocence. May 14, 2010 — -- On June 17, 1984, Diane Downs was found guilty of shooting her three children, killing one. Wes: No question abut it, no question about it. The bottom line remains: the person who shot the children of Diane Downs would have had several types of evidence on their hands and body that, if discovered, would have conclusively allowed prosecutors to pursue an honest case. I would get "locked up", myself, because I COULDN'T cope. In the civil courts they do not listen to all the facts and make their judgements based on their own opinion of the circumstances leaving children hanging in the middle. I don't know, I get the feeling when I read over this that there is hope still, because it is a ridiculous case. [19] The book documents accounts by friends, acquaintances, neighbors, and her surviving daughter Christie, who question the quality of her parenting. Following the crimes, she told police a man had attempted to carjack her and had shot the children. He couldn't believe what he was seeing. After her recapture, Downs was transferred to the New Jersey Department of Corrections Clinton Correctional Facility for Women after heavy lobbying from Hugi. So Diane was a sociopath. In a two-hour 20/20 documentary, Babcock opens … James Hanes' family and friends identified him as the killer. As a matter of fact, the governor, two different times, sent letters so she could file clemency, but she says 'I won't do it, I won't confess to something I didn't do, she says 'I'll rot in prison'. The media even refers to it as a minor injury. [9], Downs did not disclose to police that she owned a .22 caliber handgun, but both Steve Downs and Knickerbocker informed them that she did. I hope this guy doesn't really consider himself a real reporter because the "facts" he's presenting here sound absolutely absurd. The couple divorced in 1980 because Steve thought Stephen Daniel, known as Danny, was the result of an affair Diane had. Local police alerted the public to be on the lookout for a dangerous man with a gun as the toll of the attack on Downs and her children became clear: seven-year-old Cheryl was dead; three-year-old Danny was … Ten days before Downs' sentencing, Amy was seized by the State of Oregon and adopted by Chris and Jackie Babcock, who named her Rebecca. Tim: It is completely amazing that that was not allowed in court, that would have... Wes: The nurse wrote it down in the hospital records. Don't worry, if you are NOT an American citizen; it's OK for any one to sign it. [22] After three hours of interviews and thirty minutes of deliberation, she was denied parole. Because she seemed "aloof". Wes: In fact Clayton Nysten was his partner, and he told me (it was) James, but it is hard to get anybody to listen, at least the people who have the power to do something about it. Many have chastised Downs for … "Excellent article?" Tim: And Jagger, the fact that he didn't choose to challenge any of that material that came across. In that situation they would call a personal injury lawyer. Thirty-five years ago, Diane Downs, now 64, was convicted of shooting her three children– Danny, Cheryl, and Christie– in Springfield, Oregon. Tim: And that is where we believe she saw Pat Horton, who was a prosecutor for the state of Oregon out of Lane County, right? Wes: What she did was she went into a room where the drug trade was... She had been told, 'You can go any place you want but don't go into this area here because that's off limits.' Wes: Yeah, I wish there was some way around it. How convenient again. Following the crimes, she told police that a stranger had attempted to carjack her … Becky went public about her mother in 2010 and has also met her in a bid to find out about her roots. Is he practicing today as far as you know, still? [1] She has testified that her father sexually abused her when she was 12 years old. [3] On May 8, 1982, Downs gave birth to a daughter through surrogacy. Elizabeth Diane Downs, the convicted childkiller who escaped July 11, 1987 from the women's prison in Salem, Ore., is escorted out of state police headquarters in Salem following her capture July 21, 1987. Wes Frederickson, father of convicted murderer, Diane Downs. Becky Babcock, now 34, was adopted soon after her child killer mother Diane Downs gave birth to her in Oregon in 1984. She was this type: smart, manipulative, compulsive liar, obsessive. From Fran Werta, there have been one after another that have come forward. [4], On May 19, 1983, Downs shot her three children and drove them in a blood-spattered car to McKenzie-Willamette Hospital. Wes: One of the things they had in there was, an employee at the Westside Post Office says he knows who shot Diane and the kids. Diane Downs Read previous coverage of Diane Downs in The Oregonian. Now you did get him a few years later to say that 300 and some odd pages of exculpatory evidence was withheld? Diane Downs gave birth to four children. (laughter) Now some of the newspaper coverage seemed somewhat fair, of the trial, is that true? In 1994, after serving ten years, Downs was transferred to the California Department of Corrections and Rehabilitation. Their first child, Christie Ann, was born in 1974. :'(, She's exactly where she needs to be. As a teenager, she rebelled against her parents’ conservative Baptist upbringing and began going by her middle name, Diane. They might not refer to it the same way. [5] She received an additional five-year sentence for the escape. Please sign my BOTH Petitions and share it with as many people as possible. Frederickson says evidence clearly proves his daughter could not have shot her children. Elizabeth Diane Downs (née Frederickson; born August 7, 1955) is an American criminal who murdered her daughter and attempted to murder her other two children in May 1983. Wes: No. However in discussions with Downs' brother James Frederickson, it became clear that the girl very likely did see her mother outside of the car, as Downs testified that she was standing adjacent to the car's window. No blood splatter, not any sign. An often cited lack of visual remorse was a big part of what led to her conviction. Some would say with good reason. Why Suicides Are Rising During COVID And What We Can Do To Help, Along Came Trudy Restaurant in Springfield Fined for COVID-19 Violations, Murder Suspect Demetruis Ray Brown Found Unfit for Trial, Carbon Monoxide Poisoning Suspected in Death of Father and Daughter, Rising Crude Prices put Brakes on Savings at the Pumps. She was born on August 7, 1955, in Phoenix, Arizona, United States. They raise many concerns over her three-decade old conviction for the shooting of her three children, one of whom died, and say even the most basic tests for courts were not met or passed. They actually contacted Diane. Downs briefly escaped in 1987 and was recaptured. Tim: Well she's the one who would know if it's not working because she's... Wes: So we write her letters instead, we keep waiting every day, we hope to her (from) her - we even got a second telephone, to try another phone, a second telephone... Tim: Well I said earlier that I think every person should be able to relate to this. The District Attorney, Fred Hugi, convicted Downs and adopted her remaining children. The book by Rule, titled 'Small Sacrifices,' was later made into a movie starring Farah Fawcett. Author Ann Rule wrote the book Small Sacrifices (1987) detailing Downs' life and murder trial. [22] Lane County District Attorney Douglas Harcleroad wrote to the parole board, "Downs continues to fail to demonstrate any honest insight into her criminal behavior...even after her convictions, she continues to fabricate new versions of events under which the crimes occurred. After high school, she enrolled at Pacific Coast Baptist Bible College in Orange, California, but was expelled after one year for promiscuous behavior, and soon returned to her parents' home in Arizona. Tim: And you had relocated to Springfield yourself and that... Wes: Yeah, I got a promotion to Springfield. Family. She named the child Jennifer before turning her over to her intended parents. Wes: Yes, Fred Hugi was prosecutor, and the state awarded him the children. They keep people who should be free, release people who should be jailed. diane downs parents Now, as Diane Downs comes up for parole next year, her daughter speaks out. After being in state custody for several months, the girl testified that her mother shot her and the other two children. Diane downs has been before the parole board twice already in the state of Oregon. Despite significant security upgrades at the women's facility after the escape, state officials accepted Hugi's argument that the risk of harm to Christie and Danny in the event of another escape was too great for Downs to remain incarcerated in Oregon. Tim: And I don't mean to sound rude but the car was a mess. Tim: People do things for personal gain. Tim: And he asked her to go into a party one night and observe what she saw? The truth is that all people do not react as expected in every case or situation. Say what you want about how people handle tragidies differently, because of different "coping mechanisms", but I personally have NEVER seen a parent who loses a child, "cope" like that. I wonder how those reporters would feel if they had a bullet through their arm. [2] Prior to her arrest, Downs was employed by the United States Postal Service, assigned to the mail routes in the city of Cottage Grove, Oregon. As a matter of fact I might have it around here too. "[22] He also wrote that "she alternately refers to her assailants as a bushy-haired stranger, two men wearing ski masks or drug dealers and corrupt law enforcement officials. They raise many concerns over her three-decade old conviction for the shooting of her three children, one of … Tim: That seems like it should bring a trial by itself, a new trial, right? Diane Downs was born in Phoenix, Arizona, on August 7, 1955, to parents Wesley Linden (1930–2017) and Willadene (Engle) Frederickson. This would be laughable if the nature of the case wasn't so serious. [5][6] Upon arrival, Cheryl (aged 7) was already dead, Danny (aged 3) was paralyzed from the waist down, and Christie (aged 8) had suffered a disabling stroke. Wes: Yeah I do hope so, it's wrong because there are too many things, the tests that they ran on her; ballistics tests, she had no gunshot residue on her she no blood splatter on her and trace metal was negative, she passed all those. Wes: I don't know, I've kind of lost touch with it, I know where he is. One can only wonder if there may end up being wrongful death or civil lawsuits in the future. However, investigators and hospital workers became suspicious because they decided her manner was too calm for a person who had experienced such a traumatic event. Prosecutors argued that Downs shot her children to be free of them so she could continue her affair with Knickerbocker, as she claimed that he let it be known that he did not want children in his life. Most damaging, witnesses saw her car being driven very slowly toward the hospital at an estimated speed of 5–7 mph (8–11 km/h), contradicting her claim that she drove to the hospital at high speed after the shooting. Tim: And the prosecution obviously implied that Diane's gunshot injury was self-inflicted. But Diane and her family insist that the accounts are at best theories reinforced in part by false evidence as well as Diane’s calm demeanor and seeming lack of grief due to mental and emotional disorders. She only later learned that Downs became pregnant with her while on trial. Downs' sentence meant she could not be considered for parole until 2009. She was required to serve 25 years before being considered for parole. You don't drive them to the hospital as fast as you can. Diane Downs is 64 years old. Thanks! To join us by phone, dial 1.559.726.1200 with Access Code: 660481 To connect via computer and/or join the broadcast chat room, click to "See More" under our program description facebook.com/CrimesOfTheCentury/info. A few years later, daughter Christie was interviewed and the audio of that interview is very revealing. They both were Karate buddies, that is how they met. Psychiatrists diagnosed her with narcissistic, histrionic and antisocial personality disorders. (For more information visit https://www.findlegaladvice.org to read more about personal injury cases.). Tim: Nope, did they have different writers working on it over the years, I imagine? [1] After high school, she enrolled at Pacific Coast Baptist Bible College in Orange, California, but was expelled after one year for promiscuous behavior, and soon returned to her parents' home in Arizona. It was an unthinkable, brutal killing in 1983 that terrified parents around the country. She has never done anything to indicate that she was involved in that crime. "Over the years," she said, "I have told you and the rest of the world that a man shot me and my children. She escaped on July 11, 1987, and was recaptured just a few blocks from the prison on July 21. As an adult, Rebecca appeared on The Oprah Winfrey Show[13] and ABC's 20/20[14] discussing how she feels about her biological mother. [23][24] Her next parole hearing is set for 2021. (DALLAS, Texas) - 30 years have passed, but the parents of Diane Downs, Wes and Willadene Frederickson, still remain hopeful that their daughter can find justice in Oregon's courts for a wrongful conviction and life sentence. No trace metal. Their child is accused of something where it just doesn't make sense, and then put away for so long. Diane Downs gave birth to four children. Cheryl Lynn, shortly before her death, reportedly told a neighbor of her grandparents that she was afraid of her mother. Rebecca Babcock always knew she was adopted, but at 16 she was rocked by the discovery that her birth mother, Diane Downs, was a murderer, convicted of shooting her own children. [16] The Salem prison was located 66 miles from Hugi's home in Springfield; during her ten days of freedom, Hugi had feared that Downs would attempt to travel there in hopes of contacting Christie and Danny. The person who followed Diane reported that she was driving extremely slowly, about 5 to 7 mph, not "rushing" to the hospital at all. Tim: I understand it broke the bones, (in her forearm) not one but both, both bones. Wes: I'd really like to start with the first time I heard somebody say, they knew who did it. Salem-News.com is an Independent Online Newsgroup in the United States, setting the standard for the future of News. Tim: Right, and she drove straight to the hospital, which is not the act of one who is trying to take life away. 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