Diane Downs: Trial, A Daughter’s Testimony & The Hearing That Could Set Her Free - Part 2 — Transcript
Full transcript
- 0:07Nick said he did not want to be a father
- 0:09he especially didn't want to be a father
- 0:11to someone else's kids and Diane had
- 0:14three kids and wanted to be a surrogate
- 0:17and have more children and so that was
- 0:19not going to work out for them Nick was
- 0:21actually very startled by kind of the
- 0:24nonchalant Outlook Diane had about her
- 0:27kids and about these Affairs he was
- 0:29startled that she typically had affairs
- 0:31while the kids were witnessed to it all
- 0:33with this rotating door of men and he
- 0:36was not comfortable with any part of
- 0:38that and so Nick wouldn't see her unless
- 0:41the kids were with a babysitter like he
- 0:42would show up to the house and if the
- 0:44kids were there he would leave and so
- 0:45Diane kind of started to realize she had
- 0:48to do something with the kids in order
- 0:50to be with Nick so in her talks of
- 0:52marriage and a future together with Nick
- 0:55she had drawn up plans for a home that
- 0:57she envisioned building a home where the
- 0:59kids rooms would be on the opposite side
- 1:01of the house allowing Nick to rarely see
- 1:04them she also promised that when the
- 1:06kids were home she would have a nanny
- 1:08that would take care of them essentially
- 1:11she made plans to live out a fairy tale
- 1:14love story with Nick while pretending
- 1:16that her children didn't exist and that
- 1:18right there shows the kind of links
- 1:20Diane was willing to go to to make sure
- 1:23she could be with Nick even from the
- 1:26get-go she was willing to not see her
- 1:28children put them with a Danny full-time
- 1:31and legitimately build a house from the
- 1:33ground up designed specifically to keep
- 1:35them away she continued on with this
- 1:37plan of building this house she was
- 1:39going to have a second surrogacy and use
- 1:41that money to build this home and in the
- 1:44meantime she secured an apartment for
- 1:46her and Nick to share Nick did stay
- 1:48there but only a handful of times but
- 1:51even then she took it a step further and
- 1:52got his name with a rose tattooed on her
- 1:55shoulder she really seemed to want to
- 1:57show him how invested was in their
- 2:00relationship and she so desperately
- 2:03wanted him to reciprocate these same
- 2:06things she begged him to get a matching
- 2:08one it was like she was not going to be
- 2:10satisfied until there was some permanent
- 2:12reminder that he belonged to her and
- 2:15when things didn't go her way she would
- 2:17show up with whiskey get her male
- 2:19suitors drunk and take advantage of them
- 2:21she did this time and time again it was
- 2:23like her personal Affair emo so Nick
- 2:26ended up drunk and with a tattoo of a r
- 2:30and her name which woo that's a lot and
- 2:33you know I won't deny that Nick played a
- 2:35part in this you know he seemed to enjoy
- 2:37the thrill to some extent obviously he
- 2:39kept on going with it manipulation a
- 2:42huge Factor but it he did seem to like
- 2:45playing with fire however he also had
- 2:47his limits and eventually he had had
- 2:50enough Diane just kept pushing and
- 2:52pushing and pushing and telling him to
- 2:54leave his wife and telling him to be
- 2:56with her and it just got so overwhelming
- 2:58for him and it didn't matter matter what
- 3:00he said she would not accept that that
- 3:02wasn't going to happen and so finally
- 3:04Nick fully ended things with her and she
- 3:08retaliated again a pattern that she has
- 3:10shown throughout all of her years of
- 3:12life when someone did something that was
- 3:14so absolute and she couldn't change it
- 3:16she did something to hurt them right
- 3:19back she told Nick that she had an STD
- 3:22forcing him to come clean to his wife
- 3:23about the affair on his birthday she
- 3:26just kind of dropped this bomb and
- 3:29disappeared because right as she decided
- 3:31to do this she had hopped on a plane STD
- 3:34and all heading to become a surrogate
- 3:36mom for the second time now when Diane
- 3:38returned the pregnancy hadn't taken
- 3:41which I'm sure was a huge blow to her
- 3:43which was followed by another blow
- 3:45because her plan to end Nick's marriage
- 3:48didn't work out if anything his
- 3:50relationship with his wife was even
- 3:52stronger now that she kind of knew what
- 3:54was going on that there had been an
- 3:55affair which by the way she already knew
- 3:57everything about that she had actually
- 3:59kept like an entire um track of all the
- 4:02times that she thought Nick was out
- 4:04having an affair and Diane also kept a
- 4:07calendar where she marked all the times
- 4:08they were together as well so like there
- 4:10was so much information to kind of
- 4:11corroborate all of these stories they
- 4:13both kind of figured out this is not
- 4:15what we want we want to have our
- 4:16marriage work out we're going to move
- 4:18forward and Diane just like could not
- 4:20comprehend that someone would want to do
- 4:22that and so she became irritated and
- 4:24kind of started to Target his wife now
- 4:27she was writing letters to his wife she
- 4:29would call his home several times a day
- 4:32and then each time his wife would pick
- 4:33up and she would hang up it seemed like
- 4:35she was hoping to scare his wife enough
- 4:38that she would just leave Nick like she
- 4:40was so dedicated and unwavering in her
- 4:42efforts to get what she wanted that she
- 4:44knew she didn't care how long it took
- 4:46eventually she would wear somebody down
- 4:48and so frustration just grew when her
- 4:50tactics didn't seem to be working and so
- 4:53one day Diane cornered Nick and she
- 4:56asked him who Do You Love choose one of
- 4:59us and he didn't choose her and so in a
- 5:03fit of rage Diane followed him home and
- 5:06proceeded to bang on his doors for hours
- 5:09throughout the night she was so upset
- 5:12after this that she actually went to
- 5:14Steve had a huge argument with him where
- 5:16she threatened to kill him and then get
- 5:18rid of herself and she actually took the
- 5:2122 Ruger handgun in question into the
- 5:25bathroom of her trailer and shot a hole
- 5:28through the floor so she clearly became
- 5:30incredibly emotionally distressed when
- 5:33she felt like she lost when she felt
- 5:35like she didn't get what she wanted
- 5:37which again plays a huge part in this
- 5:40case now Nick and his wife eventually
- 5:42left for Arizona to get away from Diane
- 5:45for a bit she was just Relentless in her
- 5:47Pursuit and unfortunately Diane found
- 5:50the number of the home he was staying at
- 5:52and proceeded to harass him there as
- 5:54well and so at this point he is
- 5:56irritated his wife is so irritated
- 5:58they're done with it and so I think she
- 6:00realized that she would have to do
- 6:02something drastic she needed him to feel
- 6:05as though he had completely lost her
- 6:07because she believed it would bring him
- 6:09running back and so in April of 1983 she
- 6:13decided to move to Oregon with her
- 6:15parents according to Diane's own diary
- 6:19despite being met with a harsh rejection
- 6:21from Nick during this time and even his
- 6:23wife his wife literally yelled at her to
- 6:25f off and slam the door in her face
- 6:28Diane fell deeper into her delusion that
- 6:30this was all just a show she was like
- 6:33nope he's just doing this so that you
- 6:34know the divorce goes well and he can be
- 6:36with me like this is all for me which is
- 6:38just some unhinged Behavior authorities
- 6:41read her Diaries from this time period
- 6:44right when she moved to Oregon and the
- 6:47entire time she was still very steadily
- 6:50expressing her love for Nick and her
- 6:52excitement for him to eventually moved
- 6:53to Oregon with her she was settling into
- 6:56her new life she was fantasizing about
- 6:58all of the things that Nick would love
- 7:00there and what they would do together
- 7:02she was incredibly excited but she still
- 7:05hadn't really given up her old ways at
- 7:07all the moment she hit the ground of
- 7:10Oregon and got this job with USPS she
- 7:12started having another affair with a
- 7:14married man there um so this just seemed
- 7:17to be a cycle she could not break
- 7:18herself from but even with this man she
- 7:21was having an affair with she still
- 7:22spoke about Nick to this guy saying oh
- 7:25yeah he's going to come and marry me she
- 7:27was telling this to her co-workers she
- 7:28was talking about him like he was
- 7:30actively someone she was seeing rather
- 7:32than an old flame that had literally
- 7:34just like ran to another state to get
- 7:36away from her however a few weeks after
- 7:38moving to Oregon it seemed like she kind
- 7:40of began to regain some sense of reality
- 7:44that she could no longer keep pretending
- 7:46things were going the way she hoped they
- 7:48would um and face what's actually
- 7:51happening she called Nick every single
- 7:53day and got no answer and so when that
- 7:55didn't work she started to make daily
- 7:57calls to the post office at 7 a.m.
- 8:01trying to reach him which Nick refused
- 8:03to respond he told everyone at the
- 8:05office if she calls for me I'm not there
- 8:08so when that didn't work she started to
- 8:11send letters and when those letters went
- 8:14unanswered she started to send packages
- 8:16and flowers and when those were returned
- 8:18to her she left them to rot in the trunk
- 8:21of her car and made a 24-hour trip to
- 8:23Arizona clearly something had clicked
- 8:26that he doesn't want to talk to me he
- 8:28doesn't want these things and it felt
- 8:30like she thought maybe seeing him in
- 8:31person was going to change that so she
- 8:34left her kids Behind hopped on a flight
- 8:36stayed with Steve of all people and went
- 8:39to go see Nick she claimed in her diary
- 8:42that Nick had given her a necklace out
- 8:43of love it was a promise a necklace that
- 8:46was so special to him and he told her
- 8:48that he never took it off his neck ever
- 8:50and the next time it would go on his
- 8:52neck was when he came to Oregon to be
- 8:54with her it sounded like a beautiful
- 8:56love story something out of a Nicholas
- 8:58Sparks movie
- 8:59however Nick spoke about the exact same
- 9:02moment in a very different way he told
- 9:05police that he had given Dian this
- 9:07necklace as collateral for $500 that she
- 9:10lent him before he moved so once again
- 9:14we've got these two entirely different
- 9:16perspectives and stories but that just
- 9:18seems to be typical with Diane so she
- 9:21went back when he stopped replying to
- 9:23her followed him on his route and
- 9:26approached him in the street to return
- 9:28his necklace to him in her diary she
- 9:31continued on writing that they spoke
- 9:33during this time and expressed their
- 9:35love for each other that they continued
- 9:37to make promises to each other to
- 9:39eventually be together in Oregon but
- 9:42again Nick said that that's not at all
- 9:44what happened he was horrified to see
- 9:47her he said that when she moved away
- 9:50when she decided to go to Oregon the
- 9:52moment he knew that she had crossed
- 9:53state lines it was like a weight was
- 9:56lifted off of his shoulders and he could
- 9:57breathe again so when she suddenly
- 9:59popped up of all places following him on
- 10:02his work route he was terrified and said
- 10:04that he barely said all but 20 words to
- 10:08her he had thought it was finally over
- 10:10and hoped that getting that necklace
- 10:11back was her also agreeing with that but
- 10:13her diary showed that's not at all how
- 10:15she viewed the situation Nick continued
- 10:18to tell the authorities that he never
- 10:20intended to go to Oregon that was never
- 10:22anything that I guess he had planned or
- 10:23said to her he had been trying to find a
- 10:26way for quite some time to permanently
- 10:28distance himself from her she just
- 10:30wasn't getting the memo and around May
- 10:335th just before the attack Diane's diary
- 10:36entries took a significant turn this was
- 10:38around the time she had returned the
- 10:40necklace when she really I think
- 10:41realized Nick was not going to be there
- 10:43Nick was not flying up he was not
- 10:45leaving his wife it was over the police
- 10:48noted that she started to fluctuate
- 10:50between still professing her love for
- 10:52Nick to questioning what went wrong she
- 10:55blamed his wife for ruining their
- 10:57relationship and then sometimes she
- 10:59would write diary entries acting as if
- 11:01she was so done with him like it was not
- 11:03a big deal for diary entries read quote
- 11:05well sweetie I love talking to you but I
- 11:07have my own life here I have three
- 11:09beautiful children that I love more than
- 11:11anyone else I think I even love them
- 11:13more than you now they stand by me no
- 11:15matter what and again just another
- 11:17example of the priorities that Diane had
- 11:20and for the first time ever Diane began
- 11:23to focus her diary entries on her kids
- 11:26she wrote about their trips that they
- 11:27took she described each 's personality
- 11:30and Rule said it perfectly that it
- 11:32seemed like she was noticing her
- 11:34children for the first time ever her
- 11:37co-workers also told authorities that
- 11:39they observed a shift during this time
- 11:40as well Diane went from being happy and
- 11:43bubbly and so excited that Nick was
- 11:44coming to now she was depressed and she
- 11:46seemed stuck in her thoughts and all of
- 11:49this was literally within 2 weeks of the
- 11:52shooting then on May 12th the behavior
- 11:54in her journal continued to just become
- 11:57even stranger on the 12th itself Diane
- 12:00mentioned that she had gone out to buy a
- 12:02golden unicorn for her children and she
- 12:06for some reason kept stressing in the
- 12:08diary that she had to engrave it with
- 12:11the date of May 13th like not the day
- 12:13that she bought it but for the following
- 12:15day and authorities could not figure out
- 12:17why she would want to do that what was
- 12:19the significance of the 13th and so they
- 12:21went to her journal entry for the 13th
- 12:24Diane had written a very lengthy entry
- 12:27detailing how she took her kids out
- 12:30legitimately from sun up to Beyond sun
- 12:33down which does not seem like something
- 12:36they normally did together they went to
- 12:39the beach I think it took like hours to
- 12:41drive there and then they came back home
- 12:43and they visited a handful of parks she
- 12:45kept taking them from one park to
- 12:47another to the river to another Park and
- 12:49she even noted in her diary that
- 12:50although the kids were tired and hungry
- 12:52she refused to take them home and so
- 12:55authorities raised the question why did
- 12:57she keep them out for so long why was
- 12:59she just bouncing them around again and
- 13:01again and again and so at this point
- 13:03authorities speculated that Diane may
- 13:06have been documenting a premeditated
- 13:09plan to harm her children this bizarre
- 13:12pattern continued day after day after
- 13:15the 13th up until the day of the
- 13:17shootings every single Diary account she
- 13:19took the kids out late into the night to
- 13:21different Parks different Rivers
- 13:23different isolated areas again it was
- 13:26almost as if she was kind of tumbling
- 13:28the idea around in her head of doing
- 13:30something drastic but she couldn't quite
- 13:32stick to doing it however on the 19th
- 13:36there was an Abrupt change there was no
- 13:38diary entry at all for the first time
- 13:41ever day of the shooting all that was
- 13:43there was the date and Dian never wrote
- 13:46anything else so all of this work helped
- 13:48paint an actual picture of Diane's life
- 13:51of what happened in the year leading up
- 13:54to the shootings and the week leading up
- 13:55to the shootings and it detailed a
- 13:58history history of Diane's own awful
- 14:01childhood her own abusive and neglectful
- 14:04Behavior towards towards her children
- 14:06the choices she made repeatedly to put
- 14:08her own desires and needs in front of
- 14:11her kids and now they also had forensic
- 14:14evidence to consider the forensic
- 14:16examination of the car did not support
- 14:20Diane's story that she had given
- 14:22authorities there was high velocity
- 14:24backspatter found on the outside of the
- 14:26car just beneath the passenger side door
- 14:29on the rocker panel now if you remember
- 14:32Diane claimed that everyone was asleep
- 14:34in the car and she was outside of the
- 14:36car on the driver side how would blood
- 14:38have gotten on the rocker panel on the
- 14:40outside of the car on the passenger side
- 14:43so high velocity back spatter occurs
- 14:46when blood is expelled from a wound and
- 14:48it kind of goes directly towards
- 14:51whatever caused the injury so in this
- 14:53case the gun and this indicated that
- 14:57Cheryl someone had been shot by the
- 14:59attacker who was inside of the car while
- 15:02the victim was outside and when they did
- 15:05blood testing which they didn't have
- 15:07like DNA testing at the time they were
- 15:09able to confirm that this Blood matched
- 15:12Cheryl's it was the same blood type
- 15:14which was interesting because Cheryl had
- 15:16been shot in the back two times now
- 15:19further testing revealed that the victim
- 15:21had to have been at ground level when
- 15:24they were shot outside of the car
- 15:26because the spatter was just inches off
- 15:28of the ground I I think 9 in was the
- 15:30highest it went and so police started to
- 15:32theorize that Cheryl had tried to get
- 15:34away that she had turned to get out of
- 15:36the car and was shot once in the back
- 15:38she managed to open the door and kind of
- 15:41fell out of the car and then she was
- 15:43shot again in the back while on the
- 15:45ground so obviously that completely
- 15:49changes the story because Diane never
- 15:51mentioned any of the kids being outside
- 15:53of the car or that she had to physically
- 15:55pick up any of her children to put them
- 15:58back inside of the car additionally
- 16:00investigators noted that despite Diane
- 16:02having been shot there weren't really
- 16:04any smears of Blood on the steering
- 16:06wheel or in any area on the driver's
- 16:08side of the car and even in her own Reen
- 16:11action she shows that she kicks the
- 16:13person out of the way pushes them jumps
- 16:16in the car and immediately puts the keys
- 16:18in and grabs the steering wheel to go
- 16:20and so she was bleeding down her arm
- 16:23like that would have gotten all over the
- 16:24steering wheel all over these places but
- 16:26it didn't and so this suggested to
- 16:29authorities that she had possibly
- 16:30prepared to cover her arm and clean
- 16:33herself up with that towel before
- 16:35getting into the car to drive away and
- 16:37if there was an active person shooting
- 16:40your family shooting you you're not
- 16:42going to be like Oh I'm jumping in the
- 16:43car and before I touch anything I'm
- 16:45going to grab my towel and like wipe
- 16:47myself off clean my hands cover my arm
- 16:49and then I'll drive away like it becomes
- 16:51a very frantic immediate thing and then
- 16:54there were the bullets authorities
- 16:57searched endlessly for the gun they had
- 16:59chased down leads in Arizona and
- 17:01California they crawled under her old
- 17:04trailer where she shot that hole through
- 17:05the floor trying to find like a 22
- 17:08caliber casing that had come out of that
- 17:10specific gun believed to possibly be
- 17:12involved to compare it and they just
- 17:14couldn't find it and it was actually a
- 17:16really frustrating situation because
- 17:17they had to go back to the person that
- 17:20gave Steve the gun in order to get the
- 17:23serial number and so this man gave them
- 17:25the number and it actually turned up in
- 17:27Paris California and so detectives went
- 17:29there thinking finally we've got the gun
- 17:32but then when they compared things
- 17:34nothing was matching and so when they
- 17:36went back to the guy to be like you know
- 17:37we just want to confirm this is the
- 17:39right gun the man that gave the gun to
- 17:41Steve actually came back and said that
- 17:42he had purchased two rugers two 22
- 17:45handguns in the same time period over
- 17:47like a couple of days and he believed he
- 17:50actually gave the other one to Steve and
- 17:52not the one just found in Paris
- 17:53California and so he then went and got
- 17:55all of his documentation proving there
- 17:57was this second gun what the new serial
- 17:59number was and gave all that information
- 18:01to authorities so again they were back
- 18:03at square one and that entire time they
- 18:05had been searching for this one gun and
- 18:06now it was proven to be something
- 18:08different so they decided to look at
- 18:09what they already have and obviously the
- 18:1122 rifle had not been shot it was filled
- 18:14with dust like all the way down the
- 18:15barrel and the 38 was the exact same way
- 18:18plus it didn't match the caliber of
- 18:19weapon used but they noticed that there
- 18:21were two unfired rounds inside of the 22
- 18:24rifle but when they looked at them
- 18:26closer those two rounds had been worked
- 18:30through a gun before and it wasn't the
- 18:3222 rifle that they were in and so they
- 18:35decided to look at the markings that are
- 18:37unique to each gun that they've been
- 18:39worked through and compare that to the
- 18:43casings and things that they found from
- 18:45the car from the scene on old Mohawk
- 18:48Road because they did find some casings
- 18:50and things there and they ended up
- 18:52finding that those unfired rounds and
- 18:53the 22 rifle in Diane's home matched the
- 18:57markings on those from from the crime
- 18:59scene they had been worked through the
- 19:01same gun and the only way that's
- 19:03possible is if those two unfired rounds
- 19:06in the 22 rifle had at some point been
- 19:09in the gun used to shoot the children
- 19:12the 22 that Steve and now several others
- 19:15in Arizona including Nick said that
- 19:17Diane had Nick had made it very clear to
- 19:19authorities that just the day before she
- 19:21left he saw her and in her trunk was a
- 19:2522 Ruger handgun the same one he knew
- 19:28her to have so obviously she had that
- 19:31gun it was something she was planning on
- 19:33taking to Oregon with her and throughout
- 19:35the entirety of the investigation they
- 19:38actually ended up getting Nick to record
- 19:40phone calls with Diane thinking that
- 19:42maybe he would be able to get her to
- 19:45release some sort of information and in
- 19:47the book small sacrifices there's some
- 19:48excerpt from some of their conversations
- 19:51and Nick confronted her saying I S like
- 19:54I saw that 22 Ruger in the back of your
- 19:56trunk and the verbiage that she uses
- 19:59when she responds to him is so wildly
- 20:02and obviously manipulative she's like no
- 20:05you remember what you actually saw is
- 20:08XYZ no what you actually remember is a
- 20:11week prior like every time she would be
- 20:13approached with information from someone
- 20:15who had seen it personally she would try
- 20:18to alter their memories of it it's so
- 20:20creepy hearing her talk to them the way
- 20:23that she did where were you when the
- 20:24shooting was going on by the back the
- 20:26little wing the little triangle shaped
- 20:30Wing why weren't you kicking the boy in
- 20:32the balls or
- 20:34something because I was
- 20:36frozen well okay that's a good enough
- 20:38answer I'm sorry and I'm ashamed of it
- 20:41but I just I saw him I knew he was mad
- 20:45at me and I just never assumed anybody
- 20:47would hurt the kids and I saw him reach
- 20:50towards the car and my first thought was
- 20:52to look at the kids cuz they're part of
- 20:55me and I saw christe get shot and I just
- 20:58Thro I just my mind completely
- 21:00locked until he swung around towards me
- 21:03again and that's when he hit my hand
- 21:05with a
- 21:06gun well when uh you told me the first
- 21:09time you called something I mean when
- 21:11you called me at the post office
- 21:13something
- 21:14about throwing your keys or pretending
- 21:16to throw you CES or some [ __ ] when did
- 21:19that happen
- 21:21it oh
- 21:24okay but I had to give a good reason
- 21:26that I got away I couldn't just tell
- 21:28that I that he walked away from me well
- 21:31why not because that's the truth and the
- 21:34guy said I better not tell the
- 21:37truth the guy that did the shooting yeah
- 21:40Dian you better go talk to the police at
- 21:43this point authorities were starting to
- 21:45build a pretty solid case and to Diane's
- 21:47shock and horror everything around her
- 21:50was starting to crumble she wasn't sure
- 21:52exactly what evidence the police had
- 21:55there had still been no arrest not even
- 21:57of her seemed to her that she felt it
- 21:58was coming the media and others began to
- 22:01question her story as well and one
- 22:04Infamous interview in particular kind of
- 22:06showed just how unsettling her behavior
- 22:09was and I find it very interesting this
- 22:11was done by an joerger and she was a
- 22:13very young journalist and the interview
- 22:16was so drawing even an did not expect it
- 22:18it was pre-recorded that she decided to
- 22:21not release it like she said morally she
- 22:23couldn't do it because some really
- 22:25horrific things were said and Diane
- 22:27would have absolutely no no chance at
- 22:29receiving a fair trial which innocent
- 22:31till proven guilty everyone deserves a
- 22:33fair trial it's not really fair to put
- 22:34that kind of information out there and
- 22:36so it wasn't released until after a jury
- 22:39had already been picked and we told to
- 22:41not look at any of the news and in this
- 22:44interview she says that everyone calls
- 22:47her lucky everybody says you sure were
- 22:50lucky well I don't feel very lucky I
- 22:52couldn't tie my damn shoes for about two
- 22:55months it is very painful it is still
- 22:57painful I have a plate in my arm I will
- 22:59for a year and a half the the scar is
- 23:02going to be there forever I'm going to
- 23:03remember that night for the rest of my
- 23:05life whether I want to or not I don't
- 23:06think I was very lucky I think my kids
- 23:09were lucky if I had been shot the way
- 23:11they were we all would have died the the
- 23:13thing that really really haunts me the
- 23:14most is not even the sight and the sound
- 23:17I mean the the sound and the smell are
- 23:19fading but at night when I close my eyes
- 23:21I can see Christy reaching her hand out
- 23:23to me while I'm driving and the blood
- 23:26just keep coming out of her mouth and
- 23:27that maybe it'll fade too with time but
- 23:30I I don't think so that haunts me the
- 23:37most an joerger went on to say in a 2020
- 23:40episode that was more recently released
- 23:42in ironically 2020 that this was such a
- 23:46disturbing interview for her to film she
- 23:49said that the way that Diane so like
- 23:52gresly and nonchalantly spoke about her
- 23:55children's wounds and blood gushing from
- 23:58their mouth mouth and just the way she
- 24:00described things showing not an a single
- 24:02ounce of emotion meanwhile an Yer had to
- 24:05ask her to stop because she was about to
- 24:07vomit on set she was so upset and
- 24:09Disturbed there was such a clear
- 24:11disconnect and so detectives brought
- 24:13Diane in for another interview they were
- 24:15armed with new information and it was
- 24:17going to be an interesting ride because
- 24:18being who she was she either hated the
- 24:20cops completely because they were men um
- 24:23or she would at times seduce them like
- 24:25she tried to get real close to one of
- 24:26the investigators trying to meet him in
- 24:28private uh she always felt like she had
- 24:31this upper hand she had even tried to
- 24:33kind of exert that control over the
- 24:35people overlooking the case but this
- 24:37interview was not going to go how she
- 24:39expected the investigators pushed hard
- 24:42they were demanding answers to the
- 24:45difficult questions and they were
- 24:46explaining to her you know why these
- 24:48things weren't adding up they're like
- 24:49look this is what you said this is the
- 24:52evidence we found it does not support
- 24:54anything you're saying something's got
- 24:55to give and Diane was mad she was
- 24:58absolutely Spitting Fire again you can
- 25:00listen to portions of the interview on
- 25:03the 2020 episode they offered her
- 25:05several chances within her rights to
- 25:07leave they're like look you don't have
- 25:09to be here if this is frustrating you if
- 25:10you don't want to answer these questions
- 25:12go it's recorded several times
- 25:14throughout the interview but each time
- 25:16she didn't want to she wanted to argue
- 25:18she wanted to keep going they had gotten
- 25:21her started at this point and it was
- 25:22bound to end with something coming out
- 25:25and sure enough she changed the story
- 25:28now now this was not the first time she
- 25:30changed the story and had actually been
- 25:32going on for months at this point all of
- 25:34a sudden it transforms from a
- 25:36bushy-haired stranger that she didn't
- 25:37recognize to announce two people with
- 25:39ski masks and they both know me by name
- 25:41and they even knew about my tattoo I
- 25:43mean she claimed these people knew
- 25:45specific details about her life she
- 25:47claimed that one of these two men was
- 25:49pacing far away while the other was
- 25:50sitting close up just staring at her um
- 25:53she said that she ripped a ski mask from
- 25:55one of their faces I mean it went from
- 25:57this was so quick to now she's like
- 25:59sitting here having like arguments with
- 26:01these people and they're trying to
- 26:03figure out what to do and her kids are
- 26:04just lying bleeding in the car she also
- 26:06started to say that the people that had
- 26:08attacked her had threatened to harm her
- 26:10if she told she even went on to say at
- 26:12times that this was someone hired by
- 26:14Steve that these people suggested that
- 26:16if Steve couldn't have her and couldn't
- 26:18have the kids then nobody would like
- 26:20they had been hired other times she said
- 26:22she was unsure who they were why they
- 26:24targeted her her favorite thing seemed
- 26:26to be coming out with just this
- 26:28bombshell information that she had been
- 26:31harboring forever and then she would
- 26:33twist it and try to say she had been
- 26:34harboring it because she had her own
- 26:36reasons but she never ever got specific
- 26:39she gave them just enough information to
- 26:41seemingly throw the entire investigation
- 26:43but could never come up with any proof
- 26:45for it and finally she ended the
- 26:47interview in a fit of rage when she had
- 26:51finally been confronted with every
- 26:53single inconsistency she claimed all of
- 26:56the sudden to know who the attack was
- 26:59come on Diane it's your turn at back
- 27:02since you guys seem to think that I
- 27:03should have brought the Guan with me I
- 27:05will get him myself cuz I know who did
- 27:07it you do know who did it yes I do I
- 27:09damn sure do you know him by name yes I
- 27:13yes I do you s you kid yeah it's pretty
- 27:16important and I saw him grab my arm and
- 27:18yank my arm out and shoot my arm and say
- 27:20now try to get away with
- 27:22it and I'm leaving cuz I know who did it
- 27:26bye the time is now
- 27:301746 and Diane is just Departed the
- 27:34office we're concluding the table why
- 27:38why would Diane use her knowledge of who
- 27:40the attacker is as a defense against
- 27:43detectives accusing her of being
- 27:45involved it literally does not matter
- 27:47which way you look at it it does not
- 27:49make sense first and foremost that
- 27:52information could have been her ticket
- 27:54to freedom she was so worried about them
- 27:56focusing on her wrong flea and that they
- 27:58weren't doing the right thing they
- 27:59weren't going after the wrong guy yet
- 28:01she's now claiming she's known this guy
- 28:03the entire time and is now refusing to
- 28:05share that information and she can't sit
- 28:07there and say she's scared of him
- 28:08because if she was genuinely scared of
- 28:10this guy she wouldn't have been sitting
- 28:11on the news talking about how she wanted
- 28:13him caught she wouldn't be blatantly
- 28:15dangling how much she can't stand him in
- 28:16front of his face knowing he could come
- 28:18and harm her there is not a shred of
- 28:21logic in what she did and that seemed to
- 28:25really just be enough to seal the deal
- 28:27for everybody and and during this time
- 28:29the sheriff's department actually was
- 28:31working alongside Pierce Brooks and that
- 28:34should be a name a lot of you guys
- 28:35probably recognize he was the lead
- 28:37homicide investigator in The Onion Field
- 28:40investigation and he also was the first
- 28:43person to Pioneer the profiling and
- 28:46tracking of serial killers like finding
- 28:48out how these people work and the
- 28:50psychology behind it and what they might
- 28:52do next and all of these things and so
- 28:55he looked at all of the information and
- 28:57was like you definitely got your person
- 28:59so as authorities were working to button
- 29:01up their investigation Diane continued
- 29:03fighting with her attorney to gain
- 29:05custody of her children but the evidence
- 29:07against her was still just mounting her
- 29:10portrayal as a good mother seemed at
- 29:12this point to be nothing more than a
- 29:14publicity stunt she would take her kids
- 29:16cakes and presents every birthday and
- 29:19holiday but always with the presentence
- 29:22of several news stations that she asked
- 29:24to be there she'd be like hey guess what
- 29:25I'm taking my kid a birthday cake meet
- 29:27me at the bakery and she would make sure
- 29:29someone was there when she picked up the
- 29:30cake and then make sure someone was
- 29:31there when she dropped it off and make
- 29:33sure they got the perfect shots of her
- 29:35upset that she wasn't able to be with
- 29:36her children I mean it was such a
- 29:40diabolical plan that she seemed to have
- 29:43in place but of all this evidence that
- 29:46they were collecting the most damning
- 29:48evidence yet was christe christe had
- 29:50been released from the hospital on June
- 29:5322nd to a well-known and well-loved
- 29:55Foster family in the area she worked
- 29:58worked hard with therapists and other
- 30:00Specialists to regain Her speech and
- 30:02build her confidence and Trust which was
- 30:04going to take a long time because she
- 30:06didn't trust anyone at this point
- 30:08understandably psychologists and those
- 30:11that interacted with her in this time
- 30:12frame had made notes that she very much
- 30:15seemed like a little mom like she had no
- 30:18idea how to be anything other than
- 30:20someone that takes care of somebody else
- 30:22and at just 8 years old that's so
- 30:24incredibly devastating her foster mom
- 30:27noted that she also seemed to be so
- 30:30worried that this foster mom was going
- 30:32somewhere and every morning and in the
- 30:34middle of the night in random times
- 30:36Christy would come and check to make
- 30:38sure her foster mom was still there you
- 30:40could just see all the ways that the
- 30:42trauma in her life had gone on to so
- 30:44horribly affect her and all the fears
- 30:46that she had even if they were unspoken
- 30:48they were so obviously there now just
- 30:51before leaving the hospital christe was
- 30:53actually able to speak for the first
- 30:55time she spoke for the first time on
- 30:57June 16th which I personally find very
- 31:00interesting because the last time her
- 31:02mother was able to see her before her
- 31:05custody and everything was taken away
- 31:06was June 15th so I find it interesting
- 31:09that christe finally was able to speak
- 31:11for the first time after her mom was no
- 31:14longer able to see her anymore and even
- 31:17though it wasn't a massive statement she
- 31:19was still you know recovering from a
- 31:21stroke it was very small words and yes
- 31:24no and things like that it was still a
- 31:26very significant statement because she
- 31:28indicated that her mom told her not to
- 31:32tell anyone what happened it was clear
- 31:34to everyone involved that something had
- 31:36occurred involving Diane and Christy was
- 31:39not at all comfortable talking about it
- 31:41she didn't even want to talk about her
- 31:43mom she didn't say her name she didn't
- 31:45express any interest in seeing her mom
- 31:47after she left the hospital they noted
- 31:50that any mention of her mom would pretty
- 31:52much shut her down completely she would
- 31:55entirely stop communicating however she
- 31:57Gra gradually began to let people in she
- 32:00mentioned slowly but surely that no one
- 32:03but her family was in or around the car
- 32:06the night of the shooting and while
- 32:08speaking to her therapist she even began
- 32:10to write down who attacked her on a
- 32:12piece of paper and they didn't want to
- 32:15force her into giving this information
- 32:17and so her therapist said look if you
- 32:19want to write this down on a piece of
- 32:20paper just to get it off your chest like
- 32:22just to have a moment to be free from it
- 32:25you can do that and he was like I'm not
- 32:27going to look at it you can throw it in
- 32:29the fire before you leave and it can be
- 32:31kept as your secret until you're ready
- 32:33to share it and so christe did that
- 32:36after every session every session she
- 32:38would write down something and then at
- 32:40the end of the session she'd throw it in
- 32:41the fire and then go on about her time
- 32:44but this just confirmed them even more
- 32:46that she was very well aware of who shot
- 32:48her they also created anatomically
- 32:50correct dolls and dress them in the
- 32:53children's clothing so it was something
- 32:54recognizable and Christy immediately
- 32:57gravitated toward Cheryl's which broke
- 32:59my heart to hear and during this time
- 33:01she was asked to act out what happened
- 33:03in the car during one of her therapy
- 33:05sessions and so she literally assembled
- 33:08the entire living room into a replica of
- 33:13the car using chairs and the couch and
- 33:15she placed each doll exactly where the
- 33:18children had been and then they asked
- 33:20her to play her mother to play Diane
- 33:24however none of what Christy did next
- 33:26matched her mother's recorded
- 33:29reenactment instead Christy went to what
- 33:32would be the trunk of her imaginary car
- 33:35and grabbed something that based on her
- 33:38gestures resembled a gun she walked to
- 33:41the driver's seat ducking her head
- 33:44underneath again the imaginary door
- 33:46frame and she pointed her finger at the
- 33:48dolls and she said bang at the same time
- 33:52christe made the choice to no longer
- 33:55throw away her neatly folded paper in
- 33:57the fire
- 33:58instead she allowed them to look at it
- 34:00and inside of that little paper Christy
- 34:03had written my mom Fred hugi had been
- 34:07put through the ringer by his own
- 34:09sheriff's department and Diane and her
- 34:12attorney and the public and the media
- 34:15why haven't you made an arrest yet if
- 34:17you thought I was guilty then why
- 34:18haven't I been arrested like there was
- 34:20just all of this noise and he knew that
- 34:23his patience would eventually pay off he
- 34:26didn't know if he would ever find the
- 34:27gun he didn't know if christe would ever
- 34:29talk again he just knew that if he stuck
- 34:31to it and continued investigating and
- 34:33the sheriff's department continued
- 34:35working they would either eventually
- 34:37have what they needed to proceed with
- 34:38charges against Diane or whoever was
- 34:41involved or unfortunately this would end
- 34:43up being a devastating Cold Case for the
- 34:46state of Oregon but Christie had just
- 34:49cracked it wide open this significant
- 34:52Revelation made so many things neatly
- 34:55fall into place all of these questions
- 34:57that they have they were now able to
- 34:58answer a witness had come forward saying
- 35:01that he had actually been driving on old
- 35:03Mohawk Road the night of the shootings
- 35:05at 10:15 so we're talking about
- 35:07immediately in the emergent time frame
- 35:10of when this shooting occurred and when
- 35:12Diane said she was flying down that road
- 35:14to get her children help this man said
- 35:16that he pulled up behind Christy's red
- 35:18Nissan Pulsar at 10:15 and he remembered
- 35:21it so vividly because her car was going
- 35:23so slow that it wouldn't even register
- 35:26on his speedometer so they were going 5
- 35:29to 6 mil hour down this back Country
- 35:32Road he said that he followed her car
- 35:34for about 2 minutes before turning off
- 35:36in a different direction and that entire
- 35:38time he heard no screams for help Diane
- 35:41didn't yell that her kids had been shot
- 35:43she wasn't in a hurry at all so despite
- 35:46her claims that she was driving fast
- 35:48this witness and the coagulated blood
- 35:50and the missing time were all starting
- 35:52to make sense it seemed like Diane was
- 35:55waiting for all of her kids to die or at
- 35:57least get close enough to death to make
- 35:59it look like she had brought them in for
- 36:01help look like she had done the right
- 36:03thing but knowing that it was already
- 36:05too late they weren't going to survive
- 36:07it seemed like she hadn't accounted for
- 36:09christe literally dying coming back to
- 36:12life having a stroke losing her voice
- 36:14and then working so hard to regain it
- 36:16and so some of her behavior when christe
- 36:19ended up being okay again kind of made
- 36:21authorities feel like she was trying to
- 36:23do things to keep christe quiet the
- 36:25first time when she was able to see her
- 36:27children she didn't go to Dany first she
- 36:29went immediately to christe she grabbed
- 36:32Christy's hand and stared into her eyes
- 36:34was she trying to convey some sort of
- 36:37threat is that why Christy's heart rate
- 36:39absolutely skyrocketed when her mom
- 36:41walked in in her own interviews Diane
- 36:44said that Christy would be the only one
- 36:46able to save her but this was when it
- 36:48was not guaranteed she was ever going to
- 36:50talk again they didn't know if she would
- 36:52ever be able to speak and say what had
- 36:54happened again it seemed like her
- 36:56planting a seed so when future
- 36:57information came out everyone else were
- 37:00the ones that sounded crazy this also
- 37:02explained why she didn't want that
- 37:03amazing woman there comforting her
- 37:06children why she didn't want security
- 37:07Personnel therapists detectives anyone
- 37:10that was talking to her children
- 37:11presented an opportunity for Christy to
- 37:13say what had actually happened and that
- 37:15enraged her enough to make her want to
- 37:17literally take her children relying on
- 37:19hospital equipment away from the
- 37:21hospital it also made them even more
- 37:23upset about something that had actually
- 37:24happened in secret Diane had
- 37:28somehow when this investigation was
- 37:30ongoing tricked Steve into allowing her
- 37:32to see their kids her custody had been
- 37:35taken and that was like the first blow
- 37:37and when her behavior continued to be
- 37:39threatening they took away her
- 37:41visitation rights as well and but Steve
- 37:43on the other hand he was able to see the
- 37:45kids and eventually was granted the
- 37:47ability to take them from the foster
- 37:49home and spend time with them outside
- 37:52and so she played on his heartstrings
- 37:54and he let christe leave with Dian
- 37:58alone why just Christie why not Christy
- 38:01and Danny so again that same question
- 38:03Steve said he didn't feel threatened at
- 38:05all initially that he still didn't
- 38:06believe Diane would do anything to her
- 38:08kids but when Diane failed to bring
- 38:10Christie back at the promised time
- 38:13something in him said hey these people
- 38:15might not be joking she may have done
- 38:17something and he was about to call the
- 38:19police like about ready to send himself
- 38:21to jail for violating an order but in
- 38:24that same moment Diane pulled into the
- 38:26parking lot Chris was finally returned
- 38:29and she didn't say a word no one did and
- 38:31so those that cared for her the doctors
- 38:33her foster parents couldn't understand
- 38:35why all of a sudden she seemed to
- 38:37regress so into her previous state where
- 38:40she didn't want to talk she didn't want
- 38:42to be open she was extremely withdrawn
- 38:44did she just want to take christe to
- 38:47again tell her not to tell anyone what
- 38:50really happened and the most Twisted
- 38:52part of the story that again gives you
- 38:54some insight into Diane's mind after she
- 38:56convinced Steve to to letting her see
- 38:58her kids Steve decided he wanted to try
- 39:00to gain full custody of the children and
- 39:03this infuriated her so in retaliation
- 39:06which I said earlier is a pattern for
- 39:07her she decided to come up with this
- 39:10convoluted method of letting authorities
- 39:13find out what Steve had done and letting
- 39:16her see the kids and this was not the
- 39:18first time she had done something like
- 39:19this I think when Steve told authorities
- 39:22that she had a 22 Ruger in retaliation
- 39:24she called Arizona police and let them
- 39:27in on an arson he was involved in it was
- 39:29actually the arson of her trailer it was
- 39:31something that she planned but she was
- 39:33so mad she called the police and pinned
- 39:35him for it and so this was absolutely no
- 39:39different and she legitimately admits to
- 39:41doing this in interviews she ended up
- 39:43writing a letter to Nick and she said
- 39:46that he had been ignoring her letters
- 39:48which we all already know and so she
- 39:50knew she had to get his attention some
- 39:52way so she started to call the Post
- 39:54Office obsessively pretending to be in a
- 39:57panic about the letter she sent him
- 39:58insisting them that they warn him not to
- 40:01open it at any cost naturally he opened
- 40:04it and inside she revealed her secret
- 40:07meeting with Christie and Nick horrified
- 40:11gave all of that information to the
- 40:13police and guess who was the one who got
- 40:15in trouble for that Diane is such a
- 40:18diabolical woman but all of these things
- 40:20were kind of just clicking into place
- 40:22like a perfectly fit puzzle piece of why
- 40:25Diane was doing the thing she did why
- 40:26she was acting the way she was why she
- 40:28was hyperfocused on Christie because
- 40:30christe had seen what actually happened
- 40:33and christe bravely shared her story
- 40:36during all of those months when they
- 40:38were hearing all this information from
- 40:39chrisy there was also a grand jury that
- 40:42was occurring in regard to Diane and
- 40:44what happened to her children and so one
- 40:47by one every single person that was in
- 40:50Diane's life was summoned to speak to
- 40:52the grand jury the testimony is secret
- 40:55which we all know but it essenti was
- 40:57filled with all of the things that
- 40:58authorities had already found from all
- 41:00of the people who went to testify her
- 41:02own sister had even told authorities
- 41:05that her initial thought when hearing
- 41:06that the kids had been shot and Diane
- 41:08was shot she believed that Diane was
- 41:10responsible and she stuck by that I
- 41:12don't know if she still does I'm not
- 41:14going to speak for her but at one point
- 41:15she immediately thought Diane did this
- 41:17to her children and with all of that
- 41:19they decided that it was time to make an
- 41:22arrest and on February 28th 1984 Diane
- 41:26DS was arrested on on her way to work
- 41:29and they said that it was so obvious she
- 41:31knew it was coming she just kind of
- 41:33smirked at authorities and went about
- 41:36her way Diane was charged with one count
- 41:38of murder and two counts of attempted
- 41:40murder against her own children and
- 41:42there were I believe a few other counts
- 41:44of aggravated assault however Diane had
- 41:47another trick up her sleeve Diane's
- 41:49trial just like the entire investigation
- 41:51so far was highly publicized it was
- 41:54expected to last for quite a few weeks
- 41:56and there were two very distinct camps
- 41:58foring there were the hardcore
- 41:59supporters of Diane and those who wanted
- 42:01her imprisoned as soon as possible so
- 42:03everyone was sitting and waiting on pins
- 42:05and needles to see you know how Diane
- 42:07was going to be when she came into the
- 42:09hearing everyone was so aware of how she
- 42:12portrayed herself because she was on the
- 42:14news so often that they were just
- 42:16interested to see like how the change
- 42:18was going to be when she got there but
- 42:20she brought something even more
- 42:21surprising she showed up to her trial
- 42:23pregnant what which I guess technically
- 42:25is probably not all that surprising when
- 42:27she was in her downward spiral when
- 42:30people were starting to question her
- 42:32involvement people in town were no
- 42:34longer really talking to her none of the
- 42:37men in town showed any interest in her
- 42:39she got that itch again she needed that
- 42:42happiness to fill that void that just
- 42:44never ever went away and so she very
- 42:48specifically targeted a man on her
- 42:51postal route just as she always had she
- 42:54showed up with that whiskey she showed
- 42:56up with some weed and she was ready for
- 42:58a good time this man was very hesitant
- 43:02according to interviews that he did for
- 43:04the book by Anne rule um he didn't want
- 43:08people to think weird things because he
- 43:09was with Diane DS who half the
- 43:11population believed had shot her
- 43:13children but he also couldn't help but
- 43:15kind of give to the way that Diane
- 43:17seduced men and so they started having
- 43:20this risky fling that turned into the
- 43:22exact same game that Diane had played
- 43:24with Nick he didn't expect it to be more
- 43:26than a a one-time thing but Diane would
- 43:29not stop she showed up at his house
- 43:31Uninvited and unexpectedly she knew
- 43:33where he worked she knew his favorite
- 43:35places to hang out there was no escaping
- 43:37Diane every moment that he thought she
- 43:39finally was gone she would all of a
- 43:41sudden literally be at his doorstep with
- 43:43food welcoming herself inside the house
- 43:45that was Diane's way of getting what she
- 43:47wanted was by never even giving you a
- 43:49chance to say no to begin with and then
- 43:51one night she wrote in her diary that
- 43:53she had an idea I got pregnant because I
- 43:57miss chrisy and I miss Danny and I miss
- 43:59Cheryl so much I'm never going to see
- 44:00Cheryl on Earth again and I just you
- 44:05can't replace children but you can
- 44:07replace the effect that they give you
- 44:09and they give me love they give me
- 44:11satisfaction they give me stability they
- 44:12give me a reason to live and a reason to
- 44:14be happy and and that's gone they took
- 44:17it from me but children are so easy to
- 44:21conceive obviously everyone is curious
- 44:23who the father is and I know you
- 44:25probably don't want to talk about that
- 44:26does the father know who he is oh yeah
- 44:29yeah and that's why I won't talk about
- 44:30it because he feels as privately about
- 44:32this child as I do what would you do
- 44:35given this current situation if they
- 44:37said they took if they took away your
- 44:39kids and then they went one step further
- 44:41and said we think you're an unfit mother
- 44:43we're going to take away this one I
- 44:45don't know how they're going to do it
- 44:47what if the I I'd like to see them try
- 44:49to take this baby from me
- 44:51and how how could they do it they're
- 44:54going to have to wait a long time to do
- 44:56it hopefully this thing will be cleared
- 44:58up by then my children are my children
- 45:01always have been and having children is
- 45:03I think being a mother is the most
- 45:06wonderful job that that any woman could
- 45:09perform because it's like I said it's
- 45:12it's not a a full replacement you can
- 45:13never replace a child I tried to do that
- 45:16with Dany Dany was a replacement for a
- 45:18child that I had aborted many many years
- 45:21ago when I was quite young and foolish
- 45:22and and I found at that time when when
- 45:25Danny was born that he is a person in
- 45:27himself you you cannot replace a child
- 45:29with a child they are individuals and
- 45:31this child is not to replace Sher never
- 45:33Cheryl's always going to be with me how
- 45:35could I replace her she's still here but
- 45:38it's somebody to keep me company until
- 45:40Chris and Dan come home half the things
- 45:43that came out of Diane Down's mouth I
- 45:45don't think I would ever have the balls
- 45:47to say in the entirety of my life okay
- 45:49but her statements do nothing but show
- 45:52you everything you need to know about
- 45:54her and about how she feels in
- 45:56motherhood children are there for her
- 45:58and nothing more they exist to provide
- 46:01her with satisfaction to fulfill her
- 46:04needs to make her not feel alone Diane
- 46:06only knew how to take from people she
- 46:09never learned how to give her children's
- 46:11lives revolved around ensuring their
- 46:14mother's happiness or else their lives
- 46:16were a living hell or she just made a
- 46:19new baby to start all over again to many
- 46:22this was a clear manipulation tactic
- 46:24showing up to her trial where she's
- 46:27accused of murdering um and attempting
- 46:28to murder her children pregnant she knew
- 46:31that it was going to elicit sympathy
- 46:32from jurors similar to how she had
- 46:34previously used her pregnancies to kind
- 46:36of gain attention and support and at
- 46:38this time obviously crimes did occur but
- 46:41it was a very different landscape and
- 46:44you didn't see mothers killing their
- 46:46children as often as you see it now and
- 46:48so people really could not grasp that
- 46:51this was even a possibility now this
- 46:53trial was significant they did not allow
- 46:55any recordings there were people lined
- 46:58up for a chance to get inside the
- 47:01defense spent the entirety of their
- 47:03argument pretty much grasping at any
- 47:05holes they could find in the case and
- 47:07they were trying their hardest to
- 47:09portray Diane as a woman who had lived a
- 47:11life full of trauma of abuse and neglect
- 47:15I guess to kind of explain why she was
- 47:18the way she was and how you couldn't
- 47:20kind of compare her and her reactions
- 47:22and all these things people were
- 47:24nitpicking her on because of what she
- 47:26had been through through and the stories
- 47:27she shared were absolutely horrific but
- 47:30unfortunately they also kind of
- 47:32reflected Diane's tendency to twist the
- 47:34truth and so with Diane there's really
- 47:36no telling what is real and what isn't
- 47:39I've seen that she allegedly recanted
- 47:41her claims at some point against her
- 47:43father but even that story bounces back
- 47:46and forth and I'm not here to judge what
- 47:48did or didn't happen I obviously cannot
- 47:50say how her life unfolded but even if
- 47:53all of her claims about her life were
- 47:55true she still committed the actions
- 47:58that she did against her children and no
- 48:00matter how much they tried to say that
- 48:02Diane was a great mother and you know
- 48:05say that was history her you know she
- 48:07knew all the things not to do as a
- 48:09mother there was just overwhelming
- 48:11information from people that had been
- 48:14surrounding her knowing her personally
- 48:16or just witnessing it as a neighbor that
- 48:18said that that was not at all the case
- 48:21and so obviously people are probably
- 48:24going to believe that Diane is not
- 48:25telling the truth the defense also tried
- 48:27to argue that the whole situation was
- 48:30just a plot against her that this was
- 48:32some giant scheme to pin her for the
- 48:35murder and the attempted murder of her
- 48:37children this was actually something
- 48:38Diane had suggested several times
- 48:40throughout several different scenarios
- 48:43the entirety of the investigation she
- 48:45had already told the media that she felt
- 48:47that she was being framed and sometimes
- 48:50it was by whoever committed the crime
- 48:52sometimes it was by the government
- 48:53sometimes it was by you know the
- 48:55specific Sheriff's apartment and she'
- 48:58also mentioned it in her final interview
- 48:59with the police that big Hardball
- 49:01interview that she had she told them
- 49:04that these men grabbed her arm and shot
- 49:06it and then said good luck trying to get
- 49:08away with it now I guess implying that
- 49:10they wanted to frame her and that was
- 49:13their way of doing it and honestly I
- 49:14feel like this is one of the most
- 49:16obvious moments where she's just
- 49:17absolutely full of crap because it was
- 49:20already kind of unbelievable to
- 49:22authorities and others looking from the
- 49:24outside in that her children would be
- 49:26shot so horrifically and she would only
- 49:28be shot in the arm but now she's trying
- 49:31to get people to believe that these
- 49:33attackers were like you know what we're
- 49:34going to do to frame her for this crime
- 49:36we're going to shoot her in her forearm
- 49:38like it's just like each time her
- 49:40scenarios just get more and more hard to
- 49:42believe and ridiculous and I don't even
- 49:44think she realized it at this point and
- 49:46then along the same lines that this was
- 49:47just a big setup her defense argued that
- 49:49the ballistics everything that had been
- 49:51found in her home was planted by
- 49:54authorities and that makes little sense
- 49:57to me because they didn't even have the
- 49:59murder weapon that would be suggesting
- 50:01that the officers that went to her home
- 50:04within like a couple hours of the crime
- 50:06somehow planted ballistics there that uh
- 50:10matched a gun they still have yet to
- 50:12find like how how would that have
- 50:13happened you know I mean the amount of
- 50:15effort that would go into planting that
- 50:18and somehow recreating the grooves from
- 50:21those unfired rounds to perfectly match
- 50:24the ones from the scene I mean really
- 50:25sit and think about for a minute why
- 50:27would they go to this much effort to try
- 50:29to frame Diane a woman they don't even
- 50:32know like I just am not understanding it
- 50:35and they even claimed that christe's
- 50:37confession was coercion all of the times
- 50:40where Diane said she was trying to get
- 50:42the therapist away and all these things
- 50:44was because she believed her children
- 50:47were being brainwashed she was saying it
- 50:49wasn't because she had anything to hide
- 50:51and that she didn't want christe to talk
- 50:53it was because they were telling her
- 50:55that she needed needed to blame this on
- 50:58her mom the defense attorney went on to
- 51:00single out and intimidate the detectives
- 51:03questioning their ethics and protocols
- 51:06after Decades of what was exemplary work
- 51:08from what I can see anywhere there was a
- 51:10weak spot he obviously went for it he
- 51:13also pointed out how there was no
- 51:14gunshot residue on Diane's hands and he
- 51:17also pointed out that Diane was not
- 51:20covered in her children's blood like
- 51:22there I guess was no blood evidence
- 51:24found on Diane however I not really seen
- 51:27anything about blood evidence mentioned
- 51:28anywhere I didn't see it in the 2020
- 51:30episode or in the book um I can't find
- 51:33it on Diane Down's own website which
- 51:35they have a lot of the you know testing
- 51:37forensic testing and information up
- 51:39there and so I don't know about that but
- 51:41I digress he also argued that the blood
- 51:44found outside of the car came from
- 51:46pulling Cheryl out at the hospital or
- 51:49from the doctors and nurses stepping and
- 51:51pulled blood outside of the car and the
- 51:53chaos of it all and so I mean he did
- 51:55bring forward a handful of of good
- 51:56points that I would have questions about
- 51:58too and then he tried to dissect the
- 52:01timeline and it just became that much
- 52:03more unbelievable like I already didn't
- 52:05believe what she was saying happened
- 52:07that night because who goes sightseeing
- 52:08in the dark in the middle of the country
- 52:11um but he added even more unbelievable
- 52:13elements to what she did trying to
- 52:15account for some of the time saying that
- 52:16she pulled over again in the dark on the
- 52:19side of the road only a few minutes from
- 52:20home like 5 minutes from home to balance
- 52:23her checkbook like no one does that like
- 52:26that is such a a load of absolute crap
- 52:28and like everyone knows it everyone
- 52:30knows that that's absolute crap and then
- 52:31he proceeded to add minutes here and
- 52:35there trying to make up for those 25
- 52:37missing minutes that were unaccounted
- 52:39for like he was adding a few minutes
- 52:41here to when you know Witnesses saw her
- 52:43arrive at Heathers so she actually
- 52:44arrived later than she said and then she
- 52:46left later than she said and then she
- 52:48arrived to the hospital earlier than she
- 52:50said I mean there was not a single shred
- 52:54of evidence to support any of what he
- 52:56was suggesting he literally was just
- 52:58hoping to sprinkle in minutes here and
- 53:00there hoping it would close the gaps in
- 53:01the timeline and convince the jury and
- 53:04then Diane herself took the stand Diane
- 53:07spoke endlessly about how challenging
- 53:09her life had been pretty much repeating
- 53:11the same things that she had already
- 53:12told everyone in far more detail she
- 53:15spoke about how men had harmed her um
- 53:17all of the horrible things that had
- 53:18happened to her she talked about how
- 53:20happy having children made her that she
- 53:23would never dream about harming them
- 53:26that they were the best thing that
- 53:27happened in her life and if they weren't
- 53:30she wouldn't have repeatedly had
- 53:32children she also claimed that she
- 53:34didn't love Nick I mean she was really
- 53:36trying to step in and say this whole
- 53:38idea that Nick not wanting children was
- 53:41the motive for this crime she was trying
- 53:43to put a stop to it she said that this
- 53:45affair with him was blown out of
- 53:46proportion it wasn't anywhere near as
- 53:48serious enough for her to ever consider
- 53:51killing her children for him she went on
- 53:53to say that her other Affairs proved
- 53:55that that you know there was no special
- 53:58connection to him yet during
- 54:00cross-examination she couldn't help but
- 54:03contradict herself Fred hugi would
- 54:05repeatedly flaunt in front of her the
- 54:08fact that Steve had told him over and
- 54:11over again he never wanted to be with
- 54:12Diane and you could just see it like
- 54:15bring this reaction out of her she got
- 54:17so angry she was jealous she was
- 54:20speaking poorly of his wife like the
- 54:22moment Fred hugi introduced back to her
- 54:25all the things things that had enraged
- 54:27her before she couldn't help but become
- 54:29enraged again but pretty quickly she
- 54:30would like roll herself back in and keep
- 54:33on moving and then obviously there was
- 54:35no way to get around her own handwritten
- 54:38diaries that made it clear exactly how
- 54:41she really felt for Nick and there is no
- 54:43way for her to say that these Diaries
- 54:44are a facade that they were you know
- 54:46fictional she had said in several
- 54:49interviews that these Diaries were so
- 54:51important to her it was her way of you
- 54:53know coping with her life and figuring
- 54:55out her emot ions and that she never
- 54:57ever thought it would be public
- 54:59information so obviously this was the
- 55:02truth behind Diane but the prosecution
- 55:04stepped in and they really started to
- 55:06present an overwhelming amount of
- 55:08evidence they showcased a near-perfect
- 55:10replica of the car they used the dolls
- 55:13to represent the children I mean they
- 55:15examined the trajectory of the bullets
- 55:17additionally they presented a side
- 55:19by-side comparison of the bullets
- 55:21comparing the ones from the car from the
- 55:24crime to the ones found in the to rifle
- 55:27and the alignment was so precise that
- 55:30you couldn't even tell where one image
- 55:32ended and the other began several tests
- 55:35were conducted as well using blood in an
- 55:38attempt to replicate the spatter that
- 55:40was discovered on the outside of the
- 55:41passenger side of the car and this was
- 55:43something that Diane's attorney had
- 55:45heavily argued that this was easily put
- 55:48there by pulling Cheryl and christe's
- 55:50body out of the car but despite their
- 55:52efforts that included stomping in the
- 55:53blood and dragging bodies out of the
- 55:55vehicle like the whole nine yards none
- 55:57of these methods ever produced the same
- 56:00pattern the only result that matched was
- 56:03from High Velocity spatter I feel like
- 56:05looking at the photographs it's obvious
- 56:07to tell that none of them got there from
- 56:09anyone being picked up and taken out of
- 56:11the car because that portion of the car
- 56:13goes in at an angle and so anything that
- 56:17fell from above is not going to drip on
- 56:19it but if something splashed Up From
- 56:21Below absolutely so again High Velocity
- 56:25backspatter it was from Cheryl being
- 56:27shot in the back they had also done
- 56:29tests on GSR staying on someone's hands
- 56:32and they were not ever able to make any
- 56:35conclusive result GSR can already be
- 56:37very unreliable because you can get
- 56:39false positives you can get false
- 56:41negatives and things like touching
- 56:43different objects even like your
- 56:45clothing or a door handle depending on
- 56:47how much is on your hand can give you a
- 56:49negative result even if you just held a
- 56:51gun and so there was no real way to
- 56:54definitively use that test test result
- 56:56to say if Diane had held the gun or not
- 57:00it didn't support either way they also
- 57:03presented the towel that had been found
- 57:04wrapped around Diane's arm and she
- 57:07seemed to really focus in on this towel
- 57:10and I don't know why she did it in all
- 57:11of her interviews and I kept thinking
- 57:13even before I got this information I'm
- 57:14like she's hyper fixating again like
- 57:16there's something about this towel that
- 57:18she doesn't want people to know because
- 57:20she kept saying I don't even know how
- 57:21the towel got on my arm and for months
- 57:23after the towel had been collected they
- 57:25struggled to decipher the strange
- 57:28pattern of Blood on the towel but Fred
- 57:30hugi had finally cracked the code he
- 57:32presented to the jury fold after precise
- 57:35fold aligning all of the blood stains
- 57:38until the towel was transformed into a
- 57:40perfectly folded triangle Diane's claim
- 57:43that she just grabbed this towel
- 57:45haphazardly during the drive and it got
- 57:47on her arm already had been questionable
- 57:50given the lack of blood all around the
- 57:52driver's seat but now that they have
- 57:53found how this towel was folded this
- 57:56seemed to suggest that she had it
- 57:58pre-folded ready to stop her arm from
- 58:00bleeding immediately additionally there
- 58:02was a witness who spoke to Cheryl just
- 58:04days before the shooting a neighbor
- 58:06living near willine and West had spoken
- 58:08to Cheryl about details of her life she
- 58:11just came like walking up to the house
- 58:12and wanted to talk to someone and she
- 58:14revealed to this woman that her parents
- 58:16were divorced and she admitted that her
- 58:18mom scared her she went on to tell this
- 58:21woman a story that happened the night
- 58:23before which was the 13th the same day
- 58:25the golden unicorn was dated to um and
- 58:28the same day authorities believed she
- 58:30initially planned to kill her children
- 58:33Cheryl proceeded to tell this woman that
- 58:34her mother took them to the park at
- 58:36night which we already knew from the
- 58:38Diaries but she said that her mom was
- 58:40acting strange and then suddenly jumped
- 58:42out at her from behind a tree like she
- 58:44had been hiding from her and it scared
- 58:46the crap out of Cheryl and so the
- 58:47neighbor tried to reassure Cheryl that
- 58:50they were probably just playing
- 58:51hideand-seek but Cheryl's face suggested
- 58:54otherwise Cheryl seemed to know
- 58:57something was wrong and the neighbor
- 58:58regretted not speaking up about their
- 59:01conversation the prosecution also
- 59:03brought forward a psychiatrist that
- 59:05testified diagnosing Diane with
- 59:07narcissism and histrionic personality
- 59:10disorder as well as antisocial
- 59:12personality disorder and I'm I was
- 59:15particularly interested in the
- 59:17histrionic personality disorder because
- 59:19I had never in my whole entire life
- 59:21heard of that before but when I look it
- 59:23up immediately the NIH says quote it's a
- 59:26chronic enduring psychiatric condition
- 59:29characterized by a consistent pattern of
- 59:31pervasive attention-seeking behaviors
- 59:33and exaggerated emotional displays it
- 59:36goes on to further say that a person
- 59:38with histrionic personality disorder
- 59:40seeks attention talks dramatically with
- 59:42strong opinions is easily influenced has
- 59:45rapidly changing emotions and thinks
- 59:47relationships are closer than they are
- 59:50and because it's a personality disorder
- 59:52there is no like treatment that cures it
- 59:55you can just just you know work on
- 59:58managing it and so many people believe
- 1:00:00that she was just wrongfully diagnosed
- 1:00:02through all the psych evaluations and
- 1:00:03that she just has an abrasive
- 1:00:05personality and that made it seem like
- 1:00:08she was guilty of harming her kids that
- 1:00:10she just doesn't cry and that doesn't
- 1:00:12mean she did anything wrong which I can
- 1:00:14get that sentiment but also when you
- 1:00:16look at every single detail several
- 1:00:19things that she did throughout her life
- 1:00:22several several things all showed that
- 1:00:24she had a huge huge tendency and pattern
- 1:00:27of prioritizing her relationship with
- 1:00:29others particularly men ahead of her
- 1:00:31children she wanted to be the center of
- 1:00:33attention she made it abundantly clear
- 1:00:36who she prioritized and that was herself
- 1:00:39it was what she wanted what she thought
- 1:00:40would benefit her the most and then
- 1:00:42finally the prosecution brought Christy
- 1:00:45to the stand it was an incredibly it was
- 1:00:47a very difficult moment her foster
- 1:00:50family was there they brought one of her
- 1:00:53foster siblings that she had really
- 1:00:55closely formed a relationship with to
- 1:00:57try to help her feel comfortable but
- 1:00:59there was not a dry eye throughout the
- 1:01:01entire courtroom it was so difficult to
- 1:01:05hear this little girl sitting on the
- 1:01:07stand talking about the time where she
- 1:01:09was shot how she watched her siblings
- 1:01:12get shot and then ultimately say that it
- 1:01:15was her mom it was her mom that shot
- 1:01:17them all in June of 1984 Diane was found
- 1:01:21guilty on all charges and when she left
- 1:01:25the courtroom N9 months pregnant she had
- 1:01:27a smirk on her face and reporters asked
- 1:01:30her you know how do you feel and she
- 1:01:32just kind of smiled and replied what is
- 1:01:35there to say after her conviction she
- 1:01:37gave birth to a baby girl who she tried
- 1:01:40to name after herself her full name is
- 1:01:42Elizabeth Diane DS she named her baby
- 1:01:44Amy Elizabeth but after a few hours of
- 1:01:46holding her baby that child was whisked
- 1:01:48away to adoptive parents who renamed her
- 1:01:50Rebecca and Diane was taken right back
- 1:01:53to jail she went on to go to her
- 1:01:56sentencing and she received life in
- 1:01:58prison for the murder of Cheryl plus 50
- 1:02:01years for the attempted murder of
- 1:02:02christe and Dany she showed not a single
- 1:02:05ounce of emotion yet again from that
- 1:02:07point on Christy and Dany continued to
- 1:02:10live with their foster parents and
- 1:02:12everyone who had been in their lives
- 1:02:13before seemed to be gone and it's really
- 1:02:17hard to tell if that was a choice made
- 1:02:20by the foster parents or by the courts
- 1:02:23or how exactly it worked I know that
- 1:02:25there grandparents Wes and willine did
- 1:02:27try to send things to them tried to
- 1:02:29reach out tried to be in their life um
- 1:02:31but all of those things were denied the
- 1:02:33foster parents sent everything back to
- 1:02:35them and also a lot of it might have to
- 1:02:37do with the fact that Diane's family at
- 1:02:39this point strongly started to fight for
- 1:02:41her release and pushed that she was
- 1:02:44innocent there have been doubts from a
- 1:02:45few family members and I know that at
- 1:02:47least her dad at this point claimed that
- 1:02:50he no longer believed that she could
- 1:02:52have anything to do with it and he
- 1:02:53wanted to get his daughter released
- 1:02:55Danny as I said was paralyzed from the
- 1:02:58chest down and he learned to navigate
- 1:03:00life in a wheelchair meanwhile Christy
- 1:03:02with a heart of gold stuck by his side
- 1:03:05cared for him and loved him helping him
- 1:03:07begin to heal but she also kind of like
- 1:03:10reemed how to be a kid Christy realized
- 1:03:13it was okay to play to have fun and to
- 1:03:15love and she understood at that point
- 1:03:17that pain and torture didn't have to be
- 1:03:20and wasn't a normal or regular part of
- 1:03:23life and that people who love you do not
- 1:03:25treat you the way that she had been
- 1:03:27treated and in the end Fred hugi the
- 1:03:29prosecutor and his wife ended up
- 1:03:31adopting Dany and Christie which a lot
- 1:03:35of people who are in support of Diane
- 1:03:38think was a strategic move but given
- 1:03:40Fred's involvement from the first moment
- 1:03:43he saw those kids on and it can be
- 1:03:45vouched for by several people this was a
- 1:03:47hard man this was a man that realized he
- 1:03:50could never have kids he loved his job
- 1:03:52too much he stood in front of those kids
- 1:03:54for the first time and died and so I
- 1:03:57feel like he just had this connection
- 1:03:59with them and he had made that promise
- 1:04:00to protect them and he fully intended on
- 1:04:03keeping it but unfortunately Diane was
- 1:04:05like a splinter that no one could
- 1:04:07extract a few years had passed and
- 1:04:09everyone was trying to find a new normal
- 1:04:11when she escaped from prison on July
- 1:04:1411th 1987 a Saturday Diane typically
- 1:04:17spent her morning sleeping and instead
- 1:04:20she was awake and waiting for the
- 1:04:22recreation yard to open at 8:30 a.m. and
- 1:04:24what they didn't know was that she had
- 1:04:26put on several layers of clothing
- 1:04:27several bras pants underwear shirts to
- 1:04:31help her scale the 18t Raisor wire fence
- 1:04:35there were actually two fences an
- 1:04:37interior one and an exterior one and the
- 1:04:40first one had a really nasty habit of
- 1:04:42being overly sensitive so it was setting
- 1:04:44off alarms from even a gust of wind and
- 1:04:46unfortunately that meant that 99% of the
- 1:04:49time it was just turned off and chocked
- 1:04:51up to being nothing no one actually
- 1:04:53became concerned when it went off and so
- 1:04:56Diane was aware of this she knew that
- 1:04:57pattern she watched the pattern of the
- 1:04:59guards she learned everyone's routine
- 1:05:01and by 8:40 a.m. she was gone the alarm
- 1:05:04did in fact go off when she made it over
- 1:05:06the first fence but that lack of urgency
- 1:05:08again worked in her favor so I believe
- 1:05:10two staff at the prison kind of like
- 1:05:13just looked out peaked out of a door
- 1:05:14didn't see anything so they turned it
- 1:05:16off for the next 20 minutes no one had
- 1:05:18any idea that Diane was gone except for
- 1:05:20two inmates that were friends of hers
- 1:05:22that watched her scale this wall and
- 1:05:24then finally at around 9 a.m. a nurse
- 1:05:26pulled into the parking lot and noticed
- 1:05:28there was someone lying underneath a
- 1:05:30truck and obviously when you work at a
- 1:05:31prison you probably want to pay
- 1:05:33attention to that so she watched as this
- 1:05:35person then crawled out left behind some
- 1:05:38clothing and headed off into the woods
- 1:05:40immediately she ran inside and said
- 1:05:42Diane DS just escaped sure enough their
- 1:05:45check of the entire prison couldn't find
- 1:05:48Diane anywhere and the shirt that was
- 1:05:50left behind was actually a shirt that
- 1:05:52she had worn in one of her most infamous
- 1:05:54interviews officers began searching the
- 1:05:56surrounding area known as felony Flats
- 1:05:59which had halfway houses inmates on
- 1:06:01parole and families with loved ones in
- 1:06:04prison and so they were really concerned
- 1:06:06that these people are probably going to
- 1:06:08be more likely to cover for an escapee
- 1:06:11than the average person and so they
- 1:06:13weren't sure they were going to find her
- 1:06:15so they started going house to house
- 1:06:17they were doing all these searches and
- 1:06:18all of a sudden A call came in a family
- 1:06:20reported that they had picked up someone
- 1:06:23they believed was Diane DS but they were
- 1:06:25real confused because they thought she
- 1:06:27was in prison this family said they were
- 1:06:28returning from a camping trip when a
- 1:06:31distressed woman jumped in front of
- 1:06:32their car and the irony of this by the
- 1:06:34way is not lost on me she didn't give
- 1:06:37them a chance to say anything which is
- 1:06:39her typical Mo instead she just got into
- 1:06:42their car she began to ramble about a
- 1:06:44boyfriend of hers who was hurt and she
- 1:06:46kept giving off random locations in the
- 1:06:48area for them to drop her off at and so
- 1:06:50ultimately they dropped her off at 24th
- 1:06:52and state which is just blocks away from
- 1:06:55the prison
- 1:06:56but they never saw a man she just kind
- 1:06:57of ran off alone they realized that she
- 1:07:00looked familiar and they were thinking
- 1:07:01it could be Diane but they couldn't be
- 1:07:03sure so once they got home and flipped
- 1:07:05through I think a magazine that had
- 1:07:07photos of her in it and interviews they
- 1:07:09knew for a fact it was her who they had
- 1:07:11held for the next 10 days it was all
- 1:07:13hands on deck the surrogate parents
- 1:07:16adoptive parents Fred hugi Steve Nick
- 1:07:18all of them had to be warned that Diane
- 1:07:21was out and had reason to come after
- 1:07:23each one of them because just days
- 1:07:25before her release she had given an
- 1:07:27interview and she said that the first
- 1:07:28thing she was doing when she was
- 1:07:30released from prison was showing up on
- 1:07:32Fred hui's doorstep Rebecca her youngest
- 1:07:35child that had been adopted when she was
- 1:07:38being sentenced had so far been living a
- 1:07:41life of anonymity she was in preschool
- 1:07:43and her family had done everything they
- 1:07:45could to protect her from the realities
- 1:07:47of how she was born all of the details
- 1:07:50but now they were in a position where
- 1:07:52they had to let people know who she was
- 1:07:54so that others could protect her as well
- 1:07:56a choice that should never be forced on
- 1:07:59them Fred hugi upon hearing this
- 1:08:00information grabbed his rifle grabbed
- 1:08:02his chair and posted up at the front
- 1:08:04door of his home ready to protect
- 1:08:05Christy and Dany at any cost he
- 1:08:07literally refused to sleep night after
- 1:08:10night he sat in that chair just in case
- 1:08:12Diane showed up recognize it to be a
- 1:08:14Shir belonging to Diane DS convicted
- 1:08:18murderer Diane DS left behind her ripped
- 1:08:20blouse evidence of her struggle to break
- 1:08:22out of the maximum security facility
- 1:08:25prison officials say D's walked into the
- 1:08:26unsupervised prison Recreation yard
- 1:08:28early this morning apparently she scaled
- 1:08:31this 18t fence maneuvered her way over
- 1:08:33the rolls of Razor ribbon and jump to
- 1:08:35Freedom bounds ran along the prison
- 1:08:37Gates and hid under this truck moments
- 1:08:39later a prison nurse arriving to work
- 1:08:41spotted downs and reported it to prison
- 1:08:43officials Salem Maran County and state
- 1:08:45police officers joined forces combing
- 1:08:47the downtown area for Downs State Police
- 1:08:50dispatched Air Patrol as well officers
- 1:08:52say the Escape was not well planned and
- 1:08:54downs could be headed to to a number of
- 1:08:55locations they're currently checking
- 1:08:57prison visiting lists and patrolling the
- 1:08:59areas where most of her friends live
- 1:09:01officers are also stationed near the
- 1:09:02home of her two children who were
- 1:09:04adopted last year by Lan County district
- 1:09:06attorney police say DS is considered to
- 1:09:08be dangerous I certainly would advise
- 1:09:12anyone in the area that she would have
- 1:09:13to consider her dangerous because uh
- 1:09:16it's pretty common knowledge that she is
- 1:09:17serving time for murder and attempted
- 1:09:20murder authorities were worried that she
- 1:09:22might try to leave the area altogether
- 1:09:24if she didn't go to all these places
- 1:09:25she'd been practicing Spanish maybe she
- 1:09:27was going to Mexico or maybe she went to
- 1:09:29the Canadian border and headed that way
- 1:09:31and then they found her in the craziest
- 1:09:33way investigators decided to go to her
- 1:09:36room uh to see if there were any clues
- 1:09:38there and they discovered there was a
- 1:09:39notepad and it was very obvious on the
- 1:09:41notepad that something had been written
- 1:09:43on the top paper and then that paper was
- 1:09:45torn off and indentations from whatever
- 1:09:47was written were still visible on the
- 1:09:49paper below and so they took this and
- 1:09:51used special forensics to redraw those
- 1:09:54markings and it revealed a map there was
- 1:09:56the prison on the map and then a
- 1:09:58straight line to State Street which is
- 1:10:00legitimately exactly where she had
- 1:10:02pretty much been dropped off and even
- 1:10:04better there was an address and you're
- 1:10:07never going to believe where she was at
- 1:10:09she was just blocks away that entire
- 1:10:12time at the home of another inmate's
- 1:10:16husband named Wayne I mean how more on
- 1:10:18brand could she get she really couldn't
- 1:10:20she really couldn't unless she got
- 1:10:21pregnant when authorities arrived she
- 1:10:23was very triumphantly and very proud of
- 1:10:25her self escorted back to the prison
- 1:10:27wearing Wayne's boxers and shirt and the
- 1:10:29media was everywhere she loved it she
- 1:10:32was smiling she was having the time of
- 1:10:34her life Diana shown up at Wayne's home
- 1:10:36the day she escaped naked and in need of
- 1:10:38a place to stay which he apparently
- 1:10:40thought was just great okay they spent
- 1:10:42the next 11 days falling in love with
- 1:10:44each other meanwhile Wayne's wife was
- 1:10:47devastated okay she's watching her
- 1:10:49husband confess his love for Diane on
- 1:10:51the news Diane was literally a friend of
- 1:10:53hers in prison I think they had even
- 1:10:54been Ates at one point and Diane was
- 1:10:57flaunting this new relationship as well
- 1:10:59I mean they were talking about getting
- 1:11:00married this was like some love story
- 1:11:02fairy tale for them and so she was so
- 1:11:05mad that she decided to come forward to
- 1:11:07tell authorities what really happened
- 1:11:09Wayne's wife apparently had been talking
- 1:11:11about her marriage and how she felt it
- 1:11:12was failing and so of course Diane perks
- 1:11:15up because that's like her favorite
- 1:11:17topic is other women's husbands and so
- 1:11:19after feeling sorry for this woman for a
- 1:11:21while she started to say that she needed
- 1:11:23someone to connect her with a place to
- 1:11:26stay outside of prison after she
- 1:11:28attempted her inevitable escape and so
- 1:11:31Diane offered this woman a split of
- 1:11:34$33,000 and a promise not to sleep with
- 1:11:36her husband if she could convince him to
- 1:11:39house her and she's like oh yeah I'll
- 1:11:40tell him all these great things about
- 1:11:42you whatever it was a done deal instead
- 1:11:45Diane showed up naked for no reason and
- 1:11:48seduced This Woman's husband and then
- 1:11:49spent the next 11 days having some weird
- 1:11:52I don't know I'm not going to get into
- 1:11:53the details what an absolute freaking
- 1:11:56nightmare Diane ended up claiming that
- 1:11:57she had not escaped to reach her kids
- 1:12:00which had been everyone's fear she
- 1:12:02actually was planning on going to find
- 1:12:04the real killer that she claimed was in
- 1:12:06California she said that she had revenge
- 1:12:09on her mind at the time and that was the
- 1:12:11plan but I guess you know seducing a man
- 1:12:14and falling in love with him is a lot
- 1:12:16more fun so in those 11 days I guess
- 1:12:19Wayne decided he loved her enough to pay
- 1:12:21for two private investigators to find
- 1:12:23this person that she claimed shot her
- 1:12:25kids and he went on to like profess his
- 1:12:28love for her all over the media saying
- 1:12:30that she was the most honest person he
- 1:12:32had ever met oh boy she came over and
- 1:12:35said that she just got out of prison and
- 1:12:38jym let her in and I said fine I was
- 1:12:42asleep woke up asked for me which is
- 1:12:46kind of
- 1:12:47strange I said she can stay she just got
- 1:12:50out of prison she can you know spend a
- 1:12:52couple nights I thought she was the most
- 1:12:53honest girl I'd ever talked to in my
- 1:12:55life doesn't that sound weird maybe not
- 1:12:58we downstairs I don't know she was
- 1:13:00pulling the the roll over my
- 1:13:02eyes it was a good track as you can
- 1:13:05imagine their love did not last long as
- 1:13:07it was purely transactional and Diane
- 1:13:10received an additional 5 years added to
- 1:13:12her sentence for her escape and this man
- 1:13:14talked on the 2020 episode and to this
- 1:13:16day he's like oh yeah that was fun I
- 1:13:18didn't give her up because I didn't want
- 1:13:19to we had the time of our lives and he
- 1:13:21still seems to believe she's the most
- 1:13:23honest person ever so I think he may be
- 1:13:26the only person legitimately in the
- 1:13:27world that feels that way but knowing
- 1:13:29how serious this situation could have
- 1:13:31been Fred hugi petitioned to have Diane
- 1:13:33moved because if she had escaped once
- 1:13:35she could probably do it again and
- 1:13:37nothing was stopping her from going the
- 1:13:3966 miles to his house to come and get
- 1:13:41her children and so to her dismay She
- 1:13:43was transferred to Clinton correctional
- 1:13:45facility for women in New Jersey and she
- 1:13:49didn't escape again she has bounced
- 1:13:51around I do believe she's in California
- 1:13:53now but throughout her time in prison
- 1:13:55she was in and out of relationships that
- 1:13:57she swore would end in marriage I mean
- 1:13:59that was still her like top priority was
- 1:14:00being with men most of the time these
- 1:14:03relationships were with other inmates
- 1:14:05who had charges ranging from murder to
- 1:14:08sa she even came close to marrying the
- 1:14:11I5 killer at one point or at least she
- 1:14:13assumed that it was her he was talking
- 1:14:15about when he announced that he was
- 1:14:17getting married she also pursued an
- 1:14:19education I do believe she earned a
- 1:14:21diploma of some kind but she spent most
- 1:14:24of her time trying to get out not
- 1:14:27escaping but the right way like going
- 1:14:29through the appeals process but her
- 1:14:31behavior was just as odd than as well I
- 1:14:33mean she had her attorneys send her the
- 1:14:35photos of Cheryl's autopsy and she
- 1:14:37according to people at the prison
- 1:14:40literally stared at them for hours on it
- 1:14:42just like sat there looking at pictures
- 1:14:43of her dead child and then she proceeded
- 1:14:47to demand everyone else look at them and
- 1:14:50was like forcefully flashing these
- 1:14:52photos in front of unexpecting people
- 1:14:54causing all sorts of horrific reactions
- 1:14:56around the prison but she went on to
- 1:14:58work on her appeals and she exhausted
- 1:15:00all her appeals at every single level
- 1:15:03she including a habius corpus every
- 1:15:05single thing was denied but she
- 1:15:07continued from prison giving interviews
- 1:15:09and maintaining her innocence Diane was
- 1:15:12first eligible for parole in 2008 and I
- 1:15:15found it interesting watching all of the
- 1:15:17recordings of this original parole
- 1:15:19hearing because she stuck to the same
- 1:15:22original story she told about the one
- 1:15:25singular shaggy-haired bushy-haired
- 1:15:27stranger but she still decades later
- 1:15:30used the exact same verbage like it's
- 1:15:33still hasn't changed at all almost like
- 1:15:36it is a script that has been permanently
- 1:15:39written into her brain typically when I
- 1:15:41see someone maintain their innocence
- 1:15:43like that it gives me pause I'm like
- 1:15:45okay well if they are not giving in or
- 1:15:48at least saying they don't care anymore
- 1:15:50you know this needs to be looked further
- 1:15:52into but I feel like Diane is just so
- 1:15:54obsessed with winning so obsessed with
- 1:15:57having control that she will do this
- 1:15:59till the day she dies even if it's all
- 1:16:02completely false she was up for plle
- 1:16:04again in 2010 but that request was
- 1:16:07denied as well and at this point Oregon
- 1:16:09law had stated once Perl eligibility
- 1:16:11begins inmates can reapply every 2 years
- 1:16:14however it was changed to every 10 years
- 1:16:16so she was not eligible again until
- 1:16:1820120 and she did apply for PE again and
- 1:16:22again was denied and every single time
- 1:16:25she claimed she had never changed her
- 1:16:27story but each time they told her that
- 1:16:30she had she had changed her story
- 1:16:32several times and according to psych
- 1:16:35vals the only thing that hadn't changed
- 1:16:38was her her psychological evaluations
- 1:16:40stated that most people in circumstances
- 1:16:43like hers after spending decades in
- 1:16:45prison would start to engage at some
- 1:16:48point and self-reflection seek treatment
- 1:16:50strive to heal and improve themselves
- 1:16:53and instead Diane just continue to dig
- 1:16:56her heels deeper and deeper they said
- 1:16:59that in all of the Decades that she had
- 1:17:01been sitting in prison she had done not
- 1:17:03a single thing to consider what she did
- 1:17:05was wrong to even entertain her guilt
- 1:17:09and how she ended up in prison to begin
- 1:17:11with she had not changed and they didn't
- 1:17:13think she ever would so it was really
- 1:17:16looking like Diane was never going to
- 1:17:18get out of prison meanwhile christe and
- 1:17:20Dany Grew From kids to adults they
- 1:17:23continued to live fulfilling lives
- 1:17:25choosing to keep their lives private for
- 1:17:27good reason they went on to have their
- 1:17:29own families they just want to be left
- 1:17:31alone and Rebecca the daughter that
- 1:17:33Diane was pregnant with during her trial
- 1:17:35eventually discovered who her mother was
- 1:17:37on her own her family had tried to
- 1:17:39protect her but naturally she was just
- 1:17:42curious and learning about Diane
- 1:17:44terrified her she worried that sharing
- 1:17:46the same blood meant she could end up
- 1:17:48like Diane and so a whole new story
- 1:17:51within this gigantic case began because
- 1:17:54that fear sent Rebecca spiraling as a
- 1:17:57teenager she had never even met Diane
- 1:17:59face to face she didn't even know what
- 1:18:01she looked like until she saw a picture
- 1:18:03and small sacrifices and that was all it
- 1:18:05took for her life to be changed she was
- 1:18:08having a huge identity crisis she was
- 1:18:11scared for her future and her past and
- 1:18:13eventually reached out to Diane hoping
- 1:18:15to find a connection a sense of humanity
- 1:18:18just something that would ground her and
- 1:18:19offer reassurance and at first Diane
- 1:18:22played along but when she realized that
- 1:18:24she wasn't getting anything from this
- 1:18:25relationship she began to say awful
- 1:18:28things she told Rebecca that Rebecca
- 1:18:29wasn't actually her child she called her
- 1:18:32a liar she accused her of being a part
- 1:18:33of some plot against her this whole
- 1:18:35framing thing and so Diane had yet again
- 1:18:38traumatized and victimized another one
- 1:18:40of her children so just more evidence to
- 1:18:43show that so much time had passed
- 1:18:45decades had passed and Diane had not
- 1:18:47changed at all she was following the
- 1:18:49exact same patterns and to those who
- 1:18:52wonder you know why I'm covering such a
- 1:18:54well-known case it's because of them
- 1:18:57because of Christy and Danny and Rebecca
- 1:19:00and Cheryl as well as all of their
- 1:19:01children Diane's grandchildren because
- 1:19:04they have spent decades trying to move
- 1:19:06forward knowing the monster of their
- 1:19:08past knowing she's behind bars the
- 1:19:10horrors that she committed having to
- 1:19:13navigate all of these different parole
- 1:19:15hearings and appeals and I feel like
- 1:19:17most people would think that after this
- 1:19:19amount of time that it would be over but
- 1:19:22with the recent updates they are now
- 1:19:24having to face the very real possibility
- 1:19:27that Diane could reenter their lives
- 1:19:30certain jurisdictions not many have
- 1:19:32previously allowed non-unanimous
- 1:19:34verdicts so not all juries would need to
- 1:19:37agree to reach a verdict on someone's
- 1:19:39guilt and a criminal trial and that is
- 1:19:41what happened to Diane in her case and
- 1:19:44so it was allowed in Oregon when she was
- 1:19:46tried in 1984 and as of 2020 only two
- 1:19:49states still allowed non-unanimous
- 1:19:51verdicts which included Louisiana and
- 1:19:54Oregon also in 2020 the US Supreme Court
- 1:19:58reversed that practice through the case
- 1:20:00of Ramos vers Louisiana so apparently
- 1:20:03the defendant Ramos had been convicted
- 1:20:05of aiding and abetting attempted murder
- 1:20:07among other serious charges and anywhere
- 1:20:10else would have called this a mistrial
- 1:20:12it was like 10 to2 or something like
- 1:20:14that and he was sentenced anyway to life
- 1:20:17without parole and so he contended that
- 1:20:20his conviction by a non-unanimous jury
- 1:20:23violated his Sixth Amendment right which
- 1:20:26guarantees the right to a trial by an
- 1:20:28impartial jury and one of the
- 1:20:30requirements underneath that amendment
- 1:20:32is that the jury's decision has to be
- 1:20:34unanimous so how non-unanimous juries
- 1:20:37were even allowed when it's a
- 1:20:39constitutional right that it has to be
- 1:20:41unanimous is beyond me so obviously
- 1:20:43seeing the huge flaw in the justice
- 1:20:46system they ruled in his favor but that
- 1:20:48also meant a huge change for inmates in
- 1:20:52both Louisiana and Oregon and Diane and
- 1:20:55her attorney saw this and believed that
- 1:20:57this decision presented an opportunity
- 1:20:59for her case to be reconsidered and so
- 1:21:02Oregon Supreme Court when this change
- 1:21:05occurred stated that quote new trials
- 1:21:07would be required to cure constitutional
- 1:21:09errors in Oregon cases affected by
- 1:21:11non-unanimous jury verdicts Diane and
- 1:21:14her attorney have filed as of November
- 1:21:162024 a petition requesting relief from
- 1:21:19what they see and are calling a wrongful
- 1:21:22conviction the only unanimous verdict in
- 1:21:25Diane's trial was the first count which
- 1:21:28was the murder of Cheryl all of the
- 1:21:31other charges it was a non-unanimous
- 1:21:34jury and so all of those if this is
- 1:21:37accepted could be overturned but because
- 1:21:40Oregon specifically stated that there
- 1:21:43would need to be retrials for these
- 1:21:46cases with non-unanimous juries she
- 1:21:48might get a retrial just all together
- 1:21:51and while all of her appeals and
- 1:21:53applications for parole have been
- 1:21:55immediately turned down this one hasn't
- 1:21:58which makes sense because constitutional
- 1:22:01rights regardless of how you feel about
- 1:22:02this case specifically they can't be
- 1:22:05messed with like that and so a judge is
- 1:22:07giving her attorney an extension to put
- 1:22:10together evidence and there is another
- 1:22:12hearing expected in April I think it was
- 1:22:15like April 15th or April 16th and so a
- 1:22:19couple months from now there is such a
- 1:22:21huge chance that at the very least a few
- 1:22:25of her counts can be reversed or they
- 1:22:28could just say f it to the whole thing
- 1:22:30and ask for a retrial and honestly I'm
- 1:22:33not really sure how to think and the
- 1:22:34scariest part about this is how
- 1:22:37seriously and deeply this case affected
- 1:22:40so many people and this is not in the
- 1:22:43news literally anywhere like I had such
- 1:22:45a challenging time finding information
- 1:22:48on this and this is what happens when
- 1:22:51you have cases that sit for decades
- 1:22:53people think that there's nothing else
- 1:22:54going on these once sensationalized
- 1:22:56cases become quiet and no one follows
- 1:22:59them anymore and then all of a sudden
- 1:23:00this person's released and everyone's
- 1:23:02like wait a minute hold on we didn't
- 1:23:03know that was going to happen majority
- 1:23:05of people including a jury several
- 1:23:07appeals federal courts believe that she
- 1:23:10received proper conviction and
- 1:23:11sentencing they believe that she
- 1:23:13committed this crime and she is properly
- 1:23:15serving the time for it however there
- 1:23:17are still lots of individuals who
- 1:23:19strongly believe she is innocent her
- 1:23:21family has a website um among other
- 1:23:24initi to fight for her release I believe
- 1:23:26her father passed away in 2017 and that
- 1:23:29entire time he did nothing but run this
- 1:23:32website and collect evidence and analyze
- 1:23:34and all of these things and they claim
- 1:23:36that this is all again a botched
- 1:23:39investigation Diane was framed they've
- 1:23:42claimed that evidence was withheld
- 1:23:43they've identified a person they believe
- 1:23:45is resp responsible asserting that he
- 1:23:47confessed um and they've also
- 1:23:49scrutinized Christy's testimony
- 1:23:51questioning what she saw and saying she
- 1:23:53was coerced and that she was lying which
- 1:23:56is just devastating because it feels
- 1:23:58like her family is victimizing her all
- 1:24:00over again and I feel like after decades
- 1:24:03and decades having grown into an adult
- 1:24:06that if something had been wrong with
- 1:24:08her testimony if she had been pushed in
- 1:24:10a corner that she would have come
- 1:24:11forward and said hey I was a kid I was
- 1:24:15horribly mistreated and forced to do
- 1:24:18something that I didn't want to do none
- 1:24:19of this is real but it's just not
- 1:24:22happened Diane did stay in one of her
- 1:24:25parole hearings that christe I guess had
- 1:24:27recanted to two of her friends that were
- 1:24:29siblings in school one time that it
- 1:24:32wasn't her mom that shot her but again
- 1:24:35it's kind of hard to look at that one
- 1:24:37instance and negate 40 some years that
- 1:24:39she's failed to say that ever again
- 1:24:41failed to come forward as an adult after
- 1:24:44reading some of her appeal documents
- 1:24:45it's also pretty clear that a lot of the
- 1:24:47concerns raised by her family a lot of
- 1:24:49these things that they feel prove she's
- 1:24:51not responsible have already been
- 1:24:53addressed through the appeals process
- 1:24:55particularly her habus Corpus however
- 1:24:58every single time it seems that there
- 1:24:59has never been enough evidential backing
- 1:25:02presented for any judge at any level to
- 1:25:04consider an appeal or Grant parole so
- 1:25:07right now it just doesn't seem there's
- 1:25:09anything there to prove these things are
- 1:25:11true the Innocence Project also refused
- 1:25:13to take the case and they love a big
- 1:25:15sensationalized case to try to turn on
- 1:25:18its head so I also just feel like they
- 1:25:20wouldn't have turned this down unless
- 1:25:22they truly thought there wasn't anything
- 1:25:24there there to grasp onto I ultimately
- 1:25:27just don't see Diane ending her fight
- 1:25:28anytime soon and their current efforts
- 1:25:31really show that and things might
- 1:25:33drastically change in the next few
- 1:25:36months I'm interested to hear what your
- 1:25:38thoughts are on this case I want to know
- 1:25:40if any of you guys strongly feel like
- 1:25:42she's actually not guilty like she was
- 1:25:44framed and I want to hear exactly why
- 1:25:46you think that there's just so much that
- 1:25:48goes into this and our our judicial
- 1:25:50system and our forensics and everything
- 1:25:52changes so rapidly and so looking at a
- 1:25:55case from all the way back in 1984 and
- 1:25:57seeing how things were handled then how
- 1:25:59they could have been handled now
- 1:26:01honestly it just makes me appreciative
- 1:26:02of advancements in technology and I'll
- 1:26:04update you with what happens from here
- 1:26:06thank you guys so much for taking the
- 1:26:07time to listen to this absolutely
- 1:26:09Twisted long detailed story and if you
- 1:26:12haven't already go ahead and hit the
- 1:26:13Subscribe button down below to become a
- 1:26:15part of the Howen fam so we can bring
- 1:26:16them home together or bring them Justice
- 1:26:18together and I will see you guys in my
- 1:26:20next video bye
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This page contains the full transcript of Diane Downs: Trial, A Daughter’s Testimony & The Hearing That Could Set Her Free - Part 2 by Danelle Hallan, generated from the public captions YouTube serves with the video. The transcript has 16,447 words across 2,272 segments, with the original timestamps preserved so you can click any line to jump to that moment in the embedded player.
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