True Crime Documentary: Diane Downs (The Bushy Haired Stranger) — Transcript
Full transcript
- 0:06[Applause]
- 0:16even though the sun had long set Over
- 0:18The Verdant Hills of Springfield Oregon
- 0:20Thursday May 19th 1983 remained as warm
- 0:23at night as it had at noon there was a
- 0:26quiet to the evening the kind of
- 0:28languishing Stillness that sometimes
- 0:30thresholds a storm but the night staff
- 0:32at Mackenzie Willet Hospital felt no
- 0:34oncoming torrent and after so many years
- 0:37fighting unpredictable emergencies they
- 0:40often found themselves with an innate
- 0:42power to feel something sinister in the
- 0:44air and the professionals they were they
- 0:47were always ready nothing had pre- armed
- 0:50them however for the drama that unfolded
- 0:52at their literal doorstep at
- 0:54approximately 10:48 p.m. no warning had
- 0:57come until the red late model Nissan bar
- 1:00in Arizona license plates kened into the
- 1:02emergency drop off bleeding its horn to
- 1:05scare the Devils from Hell the skeleton
- 1:07night shift all heard it their faces
- 1:10told them immediately that what they had
- 1:11anticipated a quiet night in the ER was
- 1:14not to be Dr John Mackey the physician
- 1:17in charge and the two nurses Rose Martin
- 1:19and Shelby day felt the familiar
- 1:21adrenaline receptionist Judy Patterson
- 1:24rolled back her typewriter ledge and
- 1:25quickly forgot about the routine
- 1:27insurance form she had been updating in
- 1:30the driveway just beyond the double
- 1:31automatic doors of the ER a blonde woman
- 1:34in her 20s waved them on she looked
- 1:36Ashen in the fluorescent tube lighting
- 1:39and she wildly pointed to the interior
- 1:41of her car somebody just shot my kids
- 1:44was all she seemed to know how to say
- 1:47Patterson hearing the mother's words did
- 1:49what she always did in emergencies
- 1:50involving violent crime she dialed for
- 1:53the police nurses Martin and day
- 1:55teetered when they looked through the
- 1:56windows of the Nissan side panels were
- 1:59soaked in blood and amidst the blood lay
- 2:01three small children one in the front
- 2:03passenger seat two in the back first
- 2:06glance told the nurses the children had
- 2:08been shot at very close range a
- 2:10golden-haired child up front a girl
- 2:13couldn't have been any more than seven
- 2:14or eight the RNs apprised of the two in
- 2:17the rear one was a girl maybe a trifle
- 2:20older than the other and a boy merely a
- 2:23toddler this call was unexpected and it
- 2:26was bad very bad Personnel from intent
- 2:30of care were summoned to assist ER and a
- 2:32swattie team of white coat professionals
- 2:34including top surgeon Fred wild height
- 2:37voled to the scene as the trio of
- 2:39injured youngsters were carried in by
- 2:40weeping nurses and pale interns as
- 2:43reinforcement came Dr Mackey explained
- 2:46the situation to them in two taught
- 2:48words chest wounds two of the children
- 2:51still breathed although strenuously the
- 2:53boy gasped for air the child found
- 2:56slumped in the front seat appeared
- 2:58beyond help despite frantic efforts by
- 3:00the doctors at the operating table the
- 3:02damage had been lethal she was
- 3:04pronounced dead moments after being
- 3:06wheeled to emergency only later did the
- 3:08Medics learn the children's names and
- 3:10ages Christy DS 8 Cheryl and DS s and
- 3:14Danny DS three but names and ages didn't
- 3:17matter yet in fact they were the least
- 3:20important factor in this hour This Night
- 3:23This calamity What mattered is that
- 3:25someone without a heart had deliberately
- 3:27attempted to murder three kids in Cold
- 3:29Blood
- 3:30and despite the odds despite a fate that
- 3:32looked gloomy the caretakers hastened to
- 3:35keep that fate at Bay and beat it at its
- 3:37own game with deliberate intention
- 3:40skilled hands attended to the two
- 3:42operable victims feeling the children
- 3:45succumbing to severe blood loss and lack
- 3:46of oxygen they performed tracheotomies
- 3:49on them to free the flowing blood and
- 3:51Salvage much needed air machines began
- 3:54to pump the little hearts and Revitalize
- 3:56the other organs despite the children's
- 3:58fragile condition Mackey and his experts
- 4:01kept them alive
- 4:03miraculously author Anne rule who
- 4:06relates the tragedy in her excellent
- 4:07book small sacrifices writes one child
- 4:10was dead Cheryl one child Christie had
- 4:14defied the odds and lived through
- 4:15profound blood loss heart stoppage and
- 4:17delicate surgery one child Dany seemed
- 4:21stable but was at risk of paralysis who
- 4:23in the name of God could have aimed a
- 4:25pistol at three small children and
- 4:26pulled the trigger their mother Di an
- 4:30didn't Supply an answer she told
- 4:32Hospital receptionist Patterson that she
- 4:35and her family had been driving home
- 4:37from visiting a friend in nearby Marcola
- 4:39when a man a bushy-haired stranger type
- 4:42had waved down their car on a lonely
- 4:44span of Highway thinking he needed help
- 4:47Diane paused to inquire and that was
- 4:50when said a tearful Diane the man
- 4:53pointed his gun through her car window
- 4:55and loosened its Barrel on her three
- 4:57helpless Offspring both spring field and
- 5:00Lane County Police responded to them she
- 5:03exacted the tale of the Ambush and an
- 5:05odd description of the Vagabond reacting
- 5:07to the story the Departments issued an
- 5:10emergency watch on the city and county
- 5:12roads fearing that there might be a
- 5:13Madman roaming the outskirts of
- 5:15Springfield its lanes and byways squads
- 5:18Drew into action in the area described
- 5:20by Diane as the point of attack in the
- 5:22vicinity of Marcola and old Mohawk Road
- 5:24a desolate spot became the center of a
- 5:26Manhunt since the crime was purported to
- 5:29have occurred in the county members of
- 5:31the sheriff's office for Lane County
- 5:33became principal investigators Sergeant
- 5:36Robin Rutherford was the County's first
- 5:38man to approach the children's Mother at
- 5:40the hospital when he arrived the nurses
- 5:43were tending to her arm which bore a
- 5:45series of small superficial wounds
- 5:47marked between the elbow and the wrist
- 5:49from where she had tried to ward off the
- 5:51gunman's blows seeing that Mrs Down's
- 5:54injuries were minor and that she seemed
- 5:56to be in an unusual state of calmness in
- 5:58fact she seemed seemed in full control
- 6:00of her senses he asked that she come
- 6:02with him to point out the best she could
- 6:04in the dark the exact spot of the crime
- 6:07the site she located by memory near
- 6:09where two rural roads converged was a
- 6:12most desolated spot where the river
- 6:14pushed by in the dark on one side on the
- 6:17other a field of wild flocks trembled in
- 6:19the wind there was not a spot a young
- 6:22woman with three children should have
- 6:23stopped her car to speak to a stranger
- 6:26when Diane returned to the hospital she
- 6:28was given the Terrible news about her
- 6:30middle child Cheryl as well as the
- 6:32status of her other two children she
- 6:35took the news gracefully but her
- 6:36attitude stunned the hospital Personnel
- 6:39who had expected her to turn hysterical
- 6:41she seemed too accepting when told that
- 6:44Dany had a chance of surviving she
- 6:46replied in an almost perplexed manner do
- 6:48you mean the bullet missed his heart G
- 6:51whiz detectives who spoke with her in a
- 6:54private room at Mackenzie willamet were
- 6:57equally surprised at her attitude
- 7:00one investigator a sharp keen-witted
- 7:02veteran of the County's homicide Squad
- 7:04who was aptly named Dick Tracy found her
- 7:07very rational considering what she had
- 7:10undergone unlike other women whom he had
- 7:12encountered after similar crises
- 7:14together with his partner on the case
- 7:16detective Doug Welch who also found
- 7:18Diane DS too stoic for a mother whose
- 7:20entire brood was just shot Tracy
- 7:23conducted an interview to Garner some
- 7:25personal background on the mother and
- 7:27her children as well as to begin
- 7:29building building a chronology of events
- 7:31leading up to the shooting to that point
- 7:34they had determined that the bullets
- 7:35that had been fired at the kids were 22
- 7:37caliber shot from either a handgun or
- 7:40rifle detectives suspected a handgun
- 7:43powder burns on the children's skin
- 7:45indicated that the weapon had been fired
- 7:47at an extremely close proximity
- 7:49especially those on the deceased girl
- 7:51Cheryl who had been in the front seat
- 7:54blood sped across the car's doors seats
- 7:57windows and elsewhere indicated that the
- 8:00murderer had discharged the gun from the
- 8:02left or driver's side which agreed with
- 8:05Diane's story claiming the Intruder had
- 8:07reached in through her window about the
- 8:09mother herself the detectives learned
- 8:12that she was 27 years old was a
- 8:14mailwoman for the US Postal Service and
- 8:17worked The Cottage Grove division having
- 8:19previously been a letter carrier in
- 8:21Chandler Arizona she recently divorced
- 8:24there from a man named Steve DS and
- 8:27after obtaining a work transfer Rel
- 8:29located to Oregon to be near her parents
- 8:31Willa and Wes
- 8:33Frederickson the Frederickson were
- 8:35former arizonians who had moved to
- 8:36Oregon years earlier Wes Frederickson
- 8:39was also a post office
- 8:41employee Diane sketched for her
- 8:43interviewers a quick history of that
- 8:45evening according to Diane she and her
- 8:48children had eaten a fast dinner at home
- 8:50then left their small duplex home at
- 8:521352 Q Street in Springfield Bound for a
- 8:56co-worker home on rustic Sunderman Road
- 8:59the friend Heather plow had told Diane a
- 9:01few days earlier at the workplace that
- 9:03she was thinking about buying a horse
- 9:05and Diane had found an ad in the
- 9:07newspaper about horse rentals that she
- 9:08figured Heather might appreciate seeing
- 9:11not knowing Heather's phone number they
- 9:13weren't intimate friends Diane decided
- 9:16to bring the advertisement herself the
- 9:19drive she explained offered a good
- 9:21opportunity to get the kids out of the
- 9:23stale house for a couple of hours on the
- 9:25way home after a brief chat with Heather
- 9:28and her husband Dianne thought that she
- 9:30would cut through old Mohawk Road to the
- 9:32main Highway she thought it might be fun
- 9:35to go sightseeing the kids enjoyed
- 9:38watching the moon from the unlit
- 9:40countryside it was then after she turned
- 9:43on to old Mohawk that she spotted the
- 9:45man he was standing in the center of the
- 9:48gravel road signaling as if for help she
- 9:51described the man as white in his late
- 9:5320s about 5'9 150 to 170 lb dark hair a
- 9:59shag wavy cut and a stubble of a beard
- 10:03he wore a Levi Jacket and an off-colored
- 10:05t-shirt she hit the brakes and got out
- 10:08of her car it was then that the stranger
- 10:10pulled out a pistol from under his
- 10:12jacket and demanded that she turn over
- 10:14the keys to her automobile she refused
- 10:17but in retaliation said Diane he reached
- 10:20past her through the driver's window and
- 10:22opened fire on her family when he then
- 10:25tried to reach for the car keys she
- 10:27fought back out stepping him but as she
- 10:30slipped back into her car he fired one
- 10:32more time at her now striking her arm
- 10:36slamming the gas pedal her Nissan sped
- 10:38off in away her children were hurt she
- 10:41could see that and thought of only one
- 10:43thing to get them to the hospital as
- 10:45quickly as
- 10:46possible Tracy's mind had wandered a
- 10:49moment while Diane spoke he had read the
- 10:52doctor's report on his treatment of
- 10:53Diane's arm injury a single bullet
- 10:56entered her left forearm it split in two
- 10:58as it sh shattered the radius and then
- 11:00exited leaving two smaller wounds as she
- 11:03related her getaway from the man on the
- 11:05road and how the bullet struck her arm
- 11:08he couldn't help thinking that the place
- 11:09where she was wounded was the exact same
- 11:12place other Killers had shot themselves
- 11:14to make it appear that they were
- 11:15attacked by a phony asant but would not
- 11:18pass judgment until the evidence was in
- 11:22and that would not be for some
- 11:24time before the interview ended Diane
- 11:27agreed to sign a search warrant on her
- 11:29home she admitted she owned a 38 caliber
- 11:32pistol which she kept for protection on
- 11:34her delivery route and a 22 caliber
- 11:36rifle for home safety but both were
- 11:38unused one lay cold hidden under rags in
- 11:42her trunk the other collected dust on a
- 11:44shelf in her home meanwhile police
- 11:47around the hospital were busy in the
- 11:49driveway they prepared the red Nissan
- 11:51Pulsar with the Arizona license plates
- 11:53for transporting to the crime lab for
- 11:55further investigation in the morg
- 11:57Sergeant John Peck's photo photographed
- 11:59the wounds on the dead girl behind ER
- 12:02detective Ray P collected evidentiary
- 12:04bloody clothing removed from all three
- 12:06children all Personnel assigned to this
- 12:09particular homicide knew without a doubt
- 12:12that the weekend ahead would mean little
- 12:13Leisure Time and a lot of pounding on
- 12:16doors question asking and rattling of
- 12:18brain cells to figure out this
- 12:20confounding irritating and heartbreaking
- 12:22mystery because three helpless children
- 12:25had their bodies savagely blown open by
- 12:27a gunner the policeman did mind the
- 12:29overtime one bit they wanted the killer
- 12:32now several nurses and an investigator
- 12:35were bedside when Diane DS was finally
- 12:37allowed into the Intensive Care Unit to
- 12:39see christe one of her two surviving
- 12:42children The Spectators noted that as
- 12:45she squeezed her daughter's hand
- 12:47murmuring I love you she did so as
- 12:50devoid of warmth as an icicle her words
- 12:53were passed through clenched teeth Paul
- 12:55Alton the investigator noticed something
- 12:57else the child 's eyes peeking from
- 13:00above an oxygen mask took on the glaze
- 13:02of fear when spotting her mom
- 13:04approaching I happened to glance at the
- 13:06heart rate monitor and at the pulse when
- 13:08Diane came in said he the scope showed
- 13:11Christy's heart was beating 104 times a
- 13:13minute but when Diane took hold of her
- 13:16that scope jumped to
- 13:18147 Friday morning plain clothesman
- 13:21checked with the PLS to ensured Diane
- 13:23and her kids had visited them the
- 13:25previous evening as Diane had asserted
- 13:27Mrs plard confirmed confirmed the
- 13:29visitation as well as the reason for it
- 13:32to give her an ad about horses under the
- 13:34supervision of Tracy and Kurt Welch
- 13:37state troopers searched Diane's
- 13:38Springfield residence requisitioning
- 13:40several items including a diary that
- 13:42they found the aforementioned rifle a
- 13:45Glenfield 22 caliber located where Diane
- 13:48had said and a box of standard 22
- 13:50caliber shells same as those taken from
- 13:53the children's bodies one particular
- 13:56item however interested Dick Tracy a
- 13:58photo of a young man in a beard that
- 14:00shared space at top the television with
- 14:02other pictures of Diane Tracy was
- 14:05cognizant of the fact that Dianne had
- 14:07made a phone call to a man in Arizona a
- 14:10former boyfriend supposedly not long
- 14:12after arriving at the hospital before
- 14:15she knew the state of her children
- 14:17before alerting her ex-husband and the
- 14:19father of the children she acted as if
- 14:21compelled to call this Arizona man Tracy
- 14:25studying the photo of the man wondered
- 14:27if he was looking at the object of
- 14:28Diane's urgent phone call Fred hugi of
- 14:31the district attorney staff sensed
- 14:33something foul almost immediately after
- 14:35being assigned by County DA Pat Horton
- 14:37to prosecute the case in preparation for
- 14:40what the da knew would eventually lead
- 14:42to a murder trial it was hui's job to
- 14:45follow the revelations of the case as
- 14:47they surfaced from the origin as far as
- 14:49hugi quickly ascertained the fetus of
- 14:52something evil had taken form in the
- 14:54embryonic Blackness of that rural
- 14:55roadway in Lane County whatever happened
- 14:59Thursday night the facts began to come
- 15:01to light in a most suspicious manner
- 15:03unlike those explained by the mother
- 15:05Diane DS huji relatively new to the DA's
- 15:09investigative Squad nevertheless knew
- 15:11Mischief when he saw it and he saw it
- 15:13first in the faces of two perplexed
- 15:15scared youngsters strapped to tubes and
- 15:18cords for life in a lowly lit hospital
- 15:20room never one for sentiment even he was
- 15:23surprised when he felt tears rolling
- 15:25down his cheeks as he gazed upon Christy
- 15:27and Danny DS and when he heard from Paul
- 15:30Alton the reaction of Christie when she
- 15:32had seen her mother for the first time
- 15:34since the shooting he knew it was not
- 15:36the normal reaction of any child who in
- 15:39pain and surrounded by Foreign faces
- 15:41would have been Overjoyed to see the one
- 15:43person in their life to rekindle their
- 15:46Spirits hugi ordered a round-the-clock
- 15:49guard on the children he also
- 15:51commissioned a child psychologist to
- 15:53remain at christe's side during the day
- 15:55to build up a trust that the child May
- 15:58when more hail
- 15:59confide in her about the events on
- 16:01Mohawk Road doubt in the mother's story
- 16:04was building over the coming days her
- 16:07version of what happened that night
- 16:09changed slightly her placement of the
- 16:11killer when he fired the gun altered in
- 16:13several retellings as did her own
- 16:15actions in the face of the supposed
- 16:17gunman when Doug Welch interviewed Steve
- 16:20DS Diane's ex-husband in Arizona Welch
- 16:23learned that Diane owned three not two
- 16:25weapons and one was a 22 caliber handgun
- 16:28which Diane did did not mention Welch
- 16:30found Steve DS an open Ur while talker
- 16:33who seemed glad to be rid of his ex-wife
- 16:35who he said liked to bed hop an
- 16:38electrical contractor living in Chandler
- 16:40Arizona he carried no grudge and seemed
- 16:42to be happy just to live his current
- 16:44bachelor life he admitted that he and
- 16:46Diane were still friends but that their
- 16:49occasional phone conversations never
- 16:51extended beyond the kids health and
- 16:53Scholastic welfare he seemed genuinely
- 16:56upset with the bad news and sincerely
- 16:58fatherly hopeful that Christy and Dany
- 17:00would pull through he made immediate
- 17:03plans to fly to Oregon to see them Welch
- 17:06asked Steve Downs if he knew who the
- 17:07Arizona man might be and the former
- 17:10spouse not surprised by the question
- 17:12replied that he must mean the married
- 17:14guy with whom Diane had been having a
- 17:16torid affair for some time before
- 17:18leaving Arizona he was a postal worker
- 17:20in Chandler and whatever happened in
- 17:22their love life the trist finally
- 17:24severed the man returned to his
- 17:27understanding wife but Diane still
- 17:28seemed to carry the torch hot and heavy
- 17:31her infatuation with this married man
- 17:33was maniacal it seemed but he didn't
- 17:35seem the type to leave a doing wife for
- 17:38a woman with three growing hungry
- 17:40kids when Welch asked about weapons the
- 17:43couple had owned and which ones Diane
- 17:45had taken with her to Oregon down told
- 17:47him that Diane had a 22 rifle a 38
- 17:51revolver and a 22 Ruger Mark 4 nine-shot
- 17:54semi-automatic pistol she used to
- 17:57practice her shooting at the local local
- 17:59Chandler area range why she carried guns
- 18:02she was a woman and felt she needed
- 18:04protection on her route Steve down
- 18:06suggested then detective Welch felt he
- 18:08had to ask the obvious Steve would your
- 18:11ex-wife harm your kids in order to get
- 18:13the married guy back no way the other
- 18:17shook his head she loves those kids when
- 18:20questioned afterward Diane denied she
- 18:22still owned the 22 caliber no one in the
- 18:26DA's office especially Fred hugi
- 18:28believed that there had been an
- 18:29aggressor on old Mohawk Road since the
- 18:32beginning of time wrongdoers have used
- 18:34mythical abductors and thugs as Alibis
- 18:36to cover their own or a close friend's
- 18:39crime in law enforcement jargon these
- 18:41makeb belie violators are niched under
- 18:43the all-encompassing term bushy-haired
- 18:45stranger the guy who isn't there the man
- 18:48the defendant claims is really
- 18:50responsible of course the bushy-haired
- 18:52stranger can never be produced in court
- 18:55hugi had Sid mouthed we estimate that if
- 18:58The bushy-haired Stranger is ever caught
- 19:01the prison doors will have to be open to
- 19:03let out all the wrongly convicted
- 19:05defendants Paul Alton hui's Central
- 19:08FactFinder summed up his and the
- 19:10investigators misgivings I don't buy it
- 19:13she goes out to Sunderman to see Heather
- 19:15plow she decides to go sightseeing and
- 19:17heads toward marola suddenly she decides
- 19:20she'll Veer off on the old Mohawk Road
- 19:22say we buy the story that she sighing
- 19:25even if it's almost pitch dark she ssing
- 19:28how do we explain that the shooter knew
- 19:30she was going to be there if he's
- 19:32following her in his own car he could
- 19:34Trail her onto old Mohawk but she tells
- 19:36us that the stranger is in front of her
- 19:38standing in the road waving her down how
- 19:40does he get there to the trained Hawk
- 19:43Shaw's eyes the picture was incorrect
- 19:46incomplete even retouched if the killer
- 19:49wanted the car wouldn't he have shot
- 19:51Diane first she was the adult and would
- 19:54have been his biggest obstacle not the
- 19:56three tiny kids huddling in the car
- 19:59what would a bushy-haired stranger have
- 20:01to gain in shooting Christy Cheryl and
- 20:03Danny DS over the weekend forensic
- 20:06scientist James PEX from the Oregon
- 20:07State Police Department examined the
- 20:10interior of the Downs automobile to
- 20:12produce some thoughtful findings as
- 20:14reported to hugi and his Squad PEX had
- 20:16found a couple of 22 caliber ell copper
- 20:19casings ejected after firing no bullet
- 20:22had penetrated the body of the car
- 20:24indicating that all bullets had hit
- 20:26their live marks blood smeared the side
- 20:28door of the front seat where Cheryl had
- 20:30tumbled after being shot and pools of
- 20:32Blood Stained the rear seat where Dany
- 20:34and Christy had been hit but peek
- 20:37surprised no blood at all on the
- 20:39driver's side no smears on the steering
- 20:42wheel if a bullet had hit Diane as she
- 20:44was getting into her car as she said it
- 20:47would have been reflex for her to grab
- 20:48that wound with her idle hand there
- 20:51would have been blood on that hand then
- 20:53as she tried to steer the car from the
- 20:54scene Blood on the steering wheel also
- 20:58when a bullet is fired he explained the
- 21:00barrel discharges a small amount of
- 21:02smokeless gunpowder forward towards the
- 21:04target such powder particles were
- 21:06detected in three angles of the car on
- 21:08the right panel and in a sweep along the
- 21:10back seat there were no particles
- 21:12however on the driver's panel what did
- 21:14all this mean it could very well mean
- 21:16that whoever did the shooting had been
- 21:18seated in the driver's seat and that
- 21:20Diane DS shot herself just before she
- 21:22reached the hospital a scouring of the
- 21:25entire crime area had failed to produce
- 21:27the murder weapon but ejected casings
- 21:29from a spent 22 caliber matching those
- 21:32in the car were discovered in the
- 21:34vicinity divers even plunged into the
- 21:37Mohawk River which runs through the
- 21:39topography but could not find the gun
- 21:42unfortunately the river churned here and
- 21:44ran a rapid course that time of year in
- 21:46the spring and experts determined that
- 21:48had the gun been tossed into the waters
- 21:51it would have been Flushed Away miles on
- 21:53the river's current Hui who figured the
- 21:55courts hadn't much of a case against
- 21:57Diane DS without the murder weapon even
- 21:59went to look for the gun himself he
- 22:02waited along the river turned over loose
- 22:04Stones kicked through the Reed grass and
- 22:07scuffed the toe of his shoe through the
- 22:09ditch alongside the road to upturn loose
- 22:11soil but nothing to sink his spirits
- 22:14further he learned that Christy DS had
- 22:17suffered a stroke a direct symptom of
- 22:19the gunshot wound Her speech was
- 22:22distorted and the Physicians told him
- 22:25she may never speak again the left side
- 22:27of the brain
- 22:29the side that controlled the ability to
- 22:30speak had been injured but there was a
- 22:33hope albeit slight doctors prayed that
- 22:37because she was so young they could
- 22:39reverse the deterioration with therapy
- 22:41and restore her slurring tongue there
- 22:44was no gun to condemn Diane and perhaps
- 22:47the only live witness to the murder the
- 22:49murderer's own daughter would be unable
- 22:51to accuse her mother but huji more than
- 22:54ever believed that Diane was guilty when
- 22:57he was shown the dire in the letters
- 22:59confiscated from her home they both rre
- 23:02of a longing for the Arizona man her
- 23:04lost love a man who by the tone of the
- 23:07pages had deserted her the cause of his
- 23:10desertion may have been and the diary
- 23:12hinted this that his wife had simply
- 23:14stepped in to put the clamps down one
- 23:17passage caught hui's attention it was
- 23:20dated April 21st less than a month
- 23:22before the crime on Mohawk Road like so
- 23:25many entries It Was Written in the form
- 23:26of a letter addressed to someone else
- 23:29but used as a meter to weigh her own
- 23:31thoughts on such a thing this passage
- 23:33like most of the others was addressed to
- 23:35her former lover and read what happened
- 23:38I'm so confused what could she have said
- 23:41or done to make you act this way I spoke
- 23:43to you this morning for the last time it
- 23:46broke my heart to hear you say don't
- 23:48call or write I still think of you as my
- 23:50best friend and my only lover and you
- 23:53keep telling me to go away and find
- 23:54somebody else you have got to be
- 23:57kidding h Yuji resolved to get to the
- 23:59bottom of this business he kept asking
- 24:02himself who is he and is he involved in
- 24:04any way in the murder scheme he doubted
- 24:07it yet he could not get over the feeling
- 24:09that her obsession with this
- 24:10ex-boyfriend had driven her to lift that
- 24:12gun against her own children they were
- 24:15obstacles in the path of singly
- 24:17obtaining him and if he was correct in
- 24:19his guesswork would the man's wife be
- 24:20Diane's next victim Diane's letters were
- 24:23visions of fantasies they spoke of
- 24:26masturbation engendered by thoughts of
- 24:27her one true lover in one letter between
- 24:31references to sexual self-pleasure she
- 24:33Rhymes I love you more than could your
- 24:36wife yet it's brought sorrow to my life
- 24:39I just keep hoping and hanging on how
- 24:41much longer can I be strong perhaps she
- 24:44could be strong no longer hugi wondered
- 24:47before the weekend ended he dispatched
- 24:49two of his investigators to Chandler
- 24:51Arizona to find out who this man of her
- 24:53wet dreams really
- 24:55was the week of May 23rd was a sad one
- 24:58yet it brought optimism Cheryl DS's
- 25:01funeral took place on the 25th to much
- 25:03bereavement from family intimate friends
- 25:06and the Springfield Community but yet
- 25:09good news came from Mackenzie willamet
- 25:11Hospital both Christy and Danny were out
- 25:13of danger one of Christy's arms was
- 25:15paralyzed and Her speech was garbled for
- 25:17now albeit doctors believed capable of
- 25:20being revitalized Dany would probably be
- 25:22crippled for the rest of his life but
- 25:24his brain had not been affected and he
- 25:26would live both kids had been lucky
- 25:29totally against the odds
- 25:31lucky Doug Welch and Paul Alton were
- 25:34dispatched to Arizona to use their
- 25:36professional experience to dig up Diane
- 25:38DS's past and anyone including Lou
- 25:41Lewiston who came along with the shovel
- 25:43work their trip during the last weeks of
- 25:45May proved fruitful they learned just
- 25:48what they wanted to know about their
- 25:49Central suspect Miss Diane DS one of the
- 25:52first things they accomplished was
- 25:54proving that neither Steve DS nor the
- 25:56mysterious Lou were Di 's bushy-haired
- 25:59stranger Witnesses verified seeing them
- 26:02or being in their company in Arizona at
- 26:04the precise hour of the crime the
- 26:06detectives also spoke with several of
- 26:08Diane's former co-workers from the
- 26:10Chandler Branch Post Office their
- 26:12opinions of her varied some it was clear
- 26:15didn't like her at all no one praised
- 26:17her some of the informants describe a
- 26:20woman with a single-mindedness a
- 26:22channeling of ambition that they had
- 26:23rarely if ever encountered others
- 26:26disagreed Diane down had been flippy
- 26:29dippy up and down mad and sad a few
- 26:32Witnesses spoke on her behalf and then
- 26:33only with faint praise what emerged
- 26:36after the postal interviews was a
- 26:38postcard picture that might have been
- 26:39beautiful had its colors not run
- 26:41together she appeared to be a headstrong
- 26:43woman but headstrong in a tilted way her
- 26:46priorities were overblown and most of
- 26:48all out of sync she jumped in the sack
- 26:50with men right and left but refused to
- 26:53deliver copies of Playboy to customers
- 26:55on her route Lou Lewiston worked at the
- 26:57Chandler station too but the
- 26:59investigators interviewed him separately
- 27:01at his home to his credit they liked him
- 27:05they liked his honesty and directness he
- 27:07insisted that his wife Norah be there at
- 27:09his side while he candidly discussed
- 27:12even his sexual experiences with his old
- 27:14flame Norah he said knew the history and
- 27:17had forgiven him the couple had
- 27:20reconciled and Lou Lewiston wanted
- 27:22nothing more to do with Diane DS while
- 27:24the memory of his extramarital affair
- 27:26was undoubtedly painful to him him he
- 27:28answered the detective's questions
- 27:30cordially and succinctly he had met
- 27:32Diane at work in late 1981 after her
- 27:35divorce from Steve DS Lou was magnetized
- 27:39by the female's sexy gestures and her
- 27:41revealing clothing loving his wife Nora
- 27:44Lou was nonetheless taken with this new
- 27:46girl at the mail bin who blared easy
- 27:48virtue in loose midriff and sans's bra
- 27:51their friendship evolved overnight into
- 27:53a string of sleazy hotel room encounters
- 27:56Lou admittedly expected the affair to
- 27:57end swiftly as had all her relationships
- 28:01none of them had lasted with other men
- 28:02he knew she had gone with but as the
- 28:05months rolled on he found that she was
- 28:07not intending to let go in fact she was
- 28:10pulling tight on his private time and
- 28:12urging him to divorce Norah as soon as
- 28:15possible suddenly it dawned on him he
- 28:17was up and over in a relationship he
- 28:19never intended to move from off the bed
- 28:21springs he tried to break their seeing
- 28:23each other but each time Diane protested
- 28:25violently the affair continued and
- 28:28continued L said and I was with Diane
- 28:30all day at work and I'd be with her all
- 28:32night long and it was every day for
- 28:34months I basically didn't have time to
- 28:36think you know I was with Diane all the
- 28:39time Welch and Alton then noted
- 28:41something that Leon added that hit a
- 28:43high note because it complimented what
- 28:45their boss Fred hugi had been
- 28:47contemplating all along that the Downs
- 28:50children may have gotten in the way of
- 28:51their mother's love life despite her
- 28:54please he refused to see her when she
- 28:56was with Danny christe and Carol I
- 28:59wouldn't be with her if the children
- 29:00were around he explained it was an
- 29:02affair it didn't seem right after
- 29:05battling guilt for many months Lou
- 29:07decided to say adios to Diane the
- 29:10girlfriend's remonstrations had been
- 29:11incessant and one night in February 1983
- 29:15Lou severed them Diane asked me who I
- 29:18loved the most her or Nora I said I
- 29:21loved Nora she blew up she ranted and
- 29:24raved and screamed at me I'd never seen
- 29:26anyone act that way before
- 29:28when Lou raced home Diane followed him
- 29:31even up the steps of his own home with
- 29:32Norah present she pounded on our door
- 29:35all night long Lou's wife recalled then
- 29:37she called on the phone but she
- 29:40reappeared the following day confronting
- 29:42Nora on the stoop she began to tell me
- 29:44what I should do about my marriage my
- 29:46relationship with Lou everything I
- 29:49slammed the door in her face it had been
- 29:51what Lou called the final straw and he
- 29:54never saw her again not long after that
- 29:57cha otic night Diane put in a transfer
- 30:00to Oregon she relocated to Springfield
- 30:03to be near her parents but the letters
- 30:05and the phone calls to Lou continued one
- 30:08thing more the lawmen asked Lou if he
- 30:10had any knowledge about guns that Diane
- 30:13might have owned he did one of them he
- 30:15said was a 22 caliber handgun but Diane
- 30:19continued to deny she owned
- 30:21it Diane DS was born on August 7th 1955
- 30:25in Phoenix Arizona her parents willine
- 30:27and Frederickson named her Elizabeth
- 30:30Diane as the years passed she trimmed
- 30:32her name to Simply Diane having wet as
- 30:35teens and still in their teens when
- 30:37Diane came along the parents were AED at
- 30:40their having a human life to maintain
- 30:42and while they loved their baby they
- 30:44fell short in their ability to emanate a
- 30:46warm fondness a child inherently
- 30:49expects as a school student Diane was
- 30:52bright but not one of the In Crowd
- 30:55disciplining oldtime Baptist parents for
- 30:58B trendy clothing and fads resulting in
- 31:00their daughter being considered a wash
- 31:02out wherever she went she was the square
- 31:05the ugly duckling Diane's father
- 31:08allegedly molested her when she was 11
- 31:10years old Diane told authorities that
- 31:13the occurrences never led to
- 31:15fornication on weekends Diane claimed
- 31:17that he took her on rides to the desert
- 31:19once away from civilization he would
- 31:22make her remove her blouse and bra as he
- 31:24watched Diane said that these
- 31:26perversions Ended as quietly as they had
- 31:28begun and Wes Frederickson became more
- 31:30of a typical father as if cessation
- 31:32would eradicate all memories he allowed
- 31:34her to enroll in a charm school when she
- 31:36was 14 and that was the beginning of a
- 31:39new Diane one who with her hair cut
- 31:41stylishly and her Garb up to date the
- 31:44local boys began to notice Diane Hungry
- 31:47For Love by this time responded by being
- 31:49the babe with flashy eyes swaying hips
- 31:51and silly come hither giggle Steven DS
- 31:54one of the boys at Moon Valley High fell
- 31:57instantly in love with the pretty and
- 31:58now suddenly shapely blonde Diane the
- 32:01pair became an item and roved together
- 32:03everywhere they went arm linked in arm
- 32:06after graduation they parted for a spell
- 32:08he to the Navy she to Pacific Coast
- 32:10Baptist Bible College they corresponded
- 32:13regularly but if Diane had promised to
- 32:15save it for Steve she would have
- 32:17weakened for she was expelled from the
- 32:19religious school after a year for
- 32:21promiscuity Steve returned home in the
- 32:23couple wed on November 13th
- 32:261973 from the starting gun the marriage
- 32:28was at best shaky Steve worked half the
- 32:32time and Diane found her high school
- 32:33sweetheart less a noble escape and more
- 32:36of a repetition of her domineering Papa
- 32:39she had wanted love and realized too
- 32:41late that Steve was not that love she
- 32:44found solace when she became pregnant
- 32:46carrying a baby made her feel for the
- 32:48first time that she was actually in
- 32:49charge of a love that was all dependent
- 32:51on her it was a feeling of power she'd
- 32:54never before realized and she relished
- 32:57in the Delight that she was the
- 32:58helmswoman of her own path to Total love
- 33:02but after Christy was born in October
- 33:051974 it was back to serving Steve as
- 33:07meals never mind that she had a baby to
- 33:10care for and worked part-time at a local
- 33:12thrift store too to keep from falling
- 33:14apart emotionally she needed to feel
- 33:17that emotion once again of the seed of
- 33:18love stirring inside her she again
- 33:21became pregnant chery Lynn followed her
- 33:23older sister into this world in January
- 33:261976 throughout 1976 and
- 33:301977 Diane took the kids and ran away
- 33:32from Steve several times but she always
- 33:35came back Steve would hunt her down to
- 33:37one of her many relatives homes but once
- 33:40reunited it was monkey chasing weasel
- 33:43time all over again he was unhappy and
- 33:45she was unhappy but the marriage waned
- 33:47on Diane waited for something to happen
- 33:51hostile but passive she was both bored
- 33:53and angry life was passing quickly by
- 33:56her none of the things she promised
- 33:58herself had come true she decided again
- 34:01to conceive but not Steve's Baby by that
- 34:04time 1978 the family had moved to Mesa
- 34:08where both Diane and Steve worked for
- 34:09the same mobile home
- 34:11manufacturer on the assembly line Diane
- 34:14found her stud whom she passionately
- 34:16seduced her tummy swelled again and she
- 34:18floated in Wonderland drugged on love
- 34:22Dany was born 4 days after Christmas
- 34:261979 even though the child child was not
- 34:28his Steve accepted the boy as his own
- 34:31still the marriage had reached its e and
- 34:33within a year the Downs decided to
- 34:35divorce Diane moved in with dany's
- 34:38father and it was during this time she
- 34:40began to change now out of the wely
- 34:43manacles imposed by society and the
- 34:46Baptists she seemed to ignore her duties
- 34:48as a mother also the opiate of her
- 34:51children's love had worn off she
- 34:53preferred to work to stay away from home
- 34:56to throw the youngsters on any
- 34:57babysitter she could find one sitter
- 35:00relates an incident that even though she
- 35:02didn't know it at the time foreshadowed
- 35:05tragedy Diane put everything before
- 35:07those kids if Dany wanted attention she
- 35:10would push him away but the worst thing
- 35:12was one time I caught Cheryl jumping on
- 35:14the bed and I said that was not
- 35:16permitted I made her sit in a chair and
- 35:19think about it Cheryl sat quietly for a
- 35:21while and then she looked up do you have
- 35:24a gun here of course not why I want to
- 35:26shoot myself my mom says I'm bad Diane
- 35:30finally found a full-time position with
- 35:31the US Post Office in 1981 and was
- 35:34stationed in Chandler it was there she
- 35:36met Lou Lewiston and fell in love but
- 35:39for once it was the other party not
- 35:42Diane to make the decision when and
- 35:44where the love affair would end as she
- 35:46had done mentally to her own kids Lou
- 35:48physically walked out of her life caught
- 35:51unawares she ran home to Oregon but not
- 35:53quite understanding nor acceptant of the
- 35:55fact that this time she didn't have at
- 35:58herway in June assistant DA Fred huji
- 36:01met with his investigative Squad to
- 36:03review its findings whether or not to
- 36:05arrest Diane DS was the issue unsettled
- 36:08he wanted to see her taken in but not at
- 36:10the expense of the County office which
- 36:12would take extreme heat were the case
- 36:14thrown out in
- 36:15pre-trial nevertheless hugi and his men
- 36:18were convinced she was guilty but they
- 36:21feared that without the presence of a
- 36:23murder weapon or a viable witness who
- 36:25literally saw her do the shooting much
- 36:28of what they had gathered to date would
- 36:29be in all fairness considered
- 36:31circumstantial evidence and unacceptable
- 36:33in an American courtroom not enough to
- 36:36convict the team examined what they had
- 36:38collected so far among the evidence was
- 36:41a small number of 22 caliber bullet
- 36:43casings found on old Mohawk Road a very
- 36:46graphic display of Carnage in Diane's
- 36:48red Nissan Pulsar the estimation of the
- 36:51bullets paths from an accepted Authority
- 36:54a diary that screamed Diane's Obsession
- 36:56for ex-lover her letters colored with
- 36:58pornographic Daydreams and testimony
- 37:00from two men Steve DS and the former
- 37:03lover who swore she indeed owned
- 37:05something she continued to disclaim a 22
- 37:08caliber handgun the most expressive
- 37:10piece of evidence came from the pen of
- 37:12forensic expert Jim PEX who wrote that
- 37:14it was his estimation that some of the
- 37:16unfired 22 caliber shells found in
- 37:18Diane's home had once been worked
- 37:20through the mechanism of the same gun
- 37:22that shot the children but until the
- 37:24very gun was retrieved Hui knew the
- 37:27court could refute it investigators had
- 37:30also been able to shed doubt on Diane's
- 37:32story that she immediately raced for the
- 37:34hospital after the attack on her
- 37:37kids according to the testimony of
- 37:39Hospital Personnel she arrived outside
- 37:42the ER that fateful night at around
- 37:4410:48 p.m. screaming somebody just shot
- 37:47my
- 37:48kids the estimated time she had left the
- 37:51pl's home was according to Heather PL
- 37:54herself 9:45 p.m. the detectives knew
- 37:58that the shooting then must have
- 38:00occurred at approximately 10:15 in order
- 38:02to give Diane enough time to reather her
- 38:04senses survey the condition of her kids
- 38:07then drive as she had claimed
- 38:09immediately to McKenzie willat hospital
- 38:11to reach it by 10:48 p.m. but in the
- 38:14meantime a witness had come forward
- 38:16explaining that he had seen what he was
- 38:17sure was Diane's red Nissan near 10:20
- 38:20p.m. moving very slowly 5 to 7 m an hour
- 38:24along old Mohawk Road the car said
- 38:26witness Joseph Inman wasn't being driven
- 38:28critically another telling tale but so
- 38:31far just a tale but the legal Wheels
- 38:33behind hugi believed also that Diane was
- 38:36guilty and the da maneuvered the wheels
- 38:38to spin to show his support for the long
- 38:40hours his assistant was dedicating to
- 38:42catch a child killer in Lane County a
- 38:45grand jury assembled behind closed doors
- 38:48the panelists wanted to hear directly
- 38:50from those main players that list of
- 38:51testifiers that hugi had given the da
- 38:54among them her former lover Mr
- 38:58Heather PL Jim PEX and others and
- 39:01eventually Diane DS
- 39:03herself other positive things were
- 39:05happening County Judge Gregory foot
- 39:08placed the two surviving Downs
- 39:09youngsters in the protective custody of
- 39:11the state's Child Services Bureau this
- 39:14meant that in the meantime Diane was not
- 39:17allowed to see her kids that she felt
- 39:19she was being treated like a criminal
- 39:21was in reality a nose thumb by hugi
- 39:25after she violently threatened to remove
- 39:27the children from the hospital and take
- 39:29them away if detectives wouldn't stop
- 39:31hounding
- 39:32her Dany still confined to his bed was
- 39:35given full protection by the police
- 39:37department until he would be medically
- 39:39released at which time he would follow
- 39:41his sibling into a suitable Foster
- 39:44Family the home where Christy was
- 39:46transported was kept a secret her
- 39:48whereabouts known by only a few
- 39:50authorities in the middle of the grand
- 39:53jury summons process and the ongoing
- 39:55search for more evidence particularly
- 39:57the vanished gun the Sheriff's Office
- 39:59announced layoffs State funds dropped
- 40:02and Paul Alton was laid off Doug Welch
- 40:04and another of hui's top men Kurt West
- 40:07were given a month's notice all of hui's
- 40:09investigators in fact were let go or
- 40:12redeployed throughout the coming winter
- 40:14and into the spring of 1984 Diane was
- 40:17fast becoming the media's favorite Star
- 40:19newshounds had picked up on her plight
- 40:22some medium distrusted her but to most
- 40:24she was a bouncy Maiden maybe not in
- 40:26distress but picked on by Mean Old Uncle
- 40:28Sam who couldn't find the bushy-haired
- 40:30Beast of Mythology because she looked a
- 40:33little like Princess Diana she became
- 40:35the darling fashion plate of the
- 40:36American Pacific Coast less trivial
- 40:39papers called her Princess D but hugi
- 40:42saw her as anything but a princess a
- 40:45good or a bad one she was more like the
- 40:47wicked witch creating Havoc at every
- 40:49point in life her kids had been swept
- 40:52from her custody she was indignant and
- 40:54sought Revenge she balked to the press
- 40:56that she was Miss understood and was a
- 40:58victim of prejudice and harassment
- 41:01ignoring her bravado hugi let her talk
- 41:03refusing to back down for that matter he
- 41:06endeavored to bite her every footstep
- 41:08and that is why he chose to let
- 41:10investigators Welch and West turn up the
- 41:12heat before they surrendered to the
- 41:13layoff they dogged her finally Diane DS
- 41:18called for what she hoped would turn
- 41:20into a peace treaty a meeting with the
- 41:22two detectives to explain her side of
- 41:24the story and pass on further
- 41:25information she had not divulged since
- 41:28the night of the attack on old Mohawk
- 41:30Road at first the detectives bought it
- 41:33hoping this new revelation might produce
- 41:35something startlingly new but sensing
- 41:38they were being conned the session led
- 41:40to what would become known as the
- 41:42hardball interview at the parley Diane
- 41:45explained that she believed the killer
- 41:47was someone she might have known he had
- 41:49called her by name if true this
- 41:52information would have made a great
- 41:53impact on the entire case but to the two
- 41:56men gathered GED in their office with
- 41:58her it was a clear charade an attempt to
- 42:00delay the proceedings she felt moving
- 42:02against her and possibly even throw the
- 42:04investigators off her Trail altogether
- 42:07insulted her listeners turned the table
- 42:09and fell upon Diane verbally with such
- 42:11an interrogation that she was left the
- 42:13deceived instead of the deceiver why was
- 42:16she telling them this now she didn't
- 42:19know how did he know what road she was
- 42:21going to take home from Heathers she
- 42:24didn't know was he a friend from Oregon
- 42:26or Arizona she didn't know what purpose
- 42:30would he have to kill her kids she
- 42:32didn't know did she really rush to the
- 42:34hospital immediately after the kids were
- 42:36shot or did she pause a while she didn't
- 42:39know why didn't she try to stop the
- 42:41gunman when he began blasting away at
- 42:43the kids in the Nissan she didn't know
- 42:46the answer to that either and when they
- 42:48asked her Point Blank if she tried to
- 42:50kill her kids because they ruined her
- 42:52chances with her lover well she had an
- 42:54answer to that she called them names
- 42:56threatened them and told them they were
- 42:58all Fed Up and stormed out whether or
- 43:01not it was a ploy for sympathy just in
- 43:03case she needed some in the event of a
- 43:05jury trial or whether she merely needed
- 43:07to feel that love once again within her
- 43:10she went out and got pregnant once again
- 43:12from one of her favorite studs she made
- 43:15sure to explain the symbolic meaning of
- 43:17her action to a TV reporter I got
- 43:20pregnant because I miss Christie and I
- 43:22miss Dany and I miss Cheryl so much you
- 43:25can't replace children but you can
- 43:27replace the effect that they give you
- 43:29and they give me love they give me
- 43:31satisfaction they give me stability they
- 43:34give me a reason to live and a reason to
- 43:35be happy and a reason to perhaps escape
- 43:38death row hugi sneered watching her
- 43:41performance on the
- 43:42tube Paula krog dooll the counselor put
- 43:45in charge of mentally raising christe
- 43:47from her nightmares was making excellent
- 43:50progress in the meantime the child began
- 43:52to talk to remember to Face Reality
- 43:55while krog doll tiptoed through her
- 43:57treatment avoiding the murder scenario
- 43:59for a long time she got Christy to speak
- 44:02about her family life and her mother
- 44:04Christy admitted that Diane had hit her
- 44:06and her brother and sister a lot and
- 44:08when the day came the therapist asked
- 44:10her to recall what happened the night of
- 44:12what Christy called that terrible thing
- 44:15was there anyone there that night that
- 44:17you didn't know asked krog doll
- 44:18referring to the stranger on the dark
- 44:20Road no the girl answered were Dany and
- 44:23Cheryl crying no why wasn't Cheryl
- 44:27crying dead a pause then softly do you
- 44:31know who was shooting Christy I think
- 44:35but Christie could not muster the words
- 44:37croall didn't push and let it go for now
- 44:41hugi decided to bite the bullet experts
- 44:44told him that he had enough evidence and
- 44:46they believed he had a strong case but
- 44:49he would need to have to recreate that
- 44:51terrible thing in court piece all the
- 44:53puzzle fragments together in such a way
- 44:56so that the panel of jurors saw what he
- 44:58saw and totally believed the grand jury
- 45:01was wrapping up after 9 months of
- 45:03interviews they had spoken to quizzed
- 45:05and deliberated on the words of many
- 45:08including Diane DS and balanced at the
- 45:11end of those nine months the toms of
- 45:13testimony they possessed they handed
- 45:15down an indictment one charge of murder
- 45:18two charges of attempted murder and two
- 45:21charges of criminal assault the state of
- 45:24Oregon was going for the child Killer's
- 45:26throat on February 28th 1984 police
- 45:30cuffed Diane as she was alighting from
- 45:32her car in the parking lot of the post
- 45:34office district attorney Pat Horton
- 45:37along with Lane County Sheriff David
- 45:39Burks hosted a press conference
- 45:41following Diane's arrest Horton told the
- 45:44press the one thing that underscored
- 45:46this investigation is patience the real
- 45:49battle is in the courtroom reporters
- 45:51were there by the droves salivating over
- 45:54the battle indeed to come their news
- 45:56newspapers and their magazines already
- 45:58announced that Diane DS had been taken
- 46:00into custody and that hell the lookalike
- 46:04princess die might very well be a
- 46:06murderous After All Time Magazine was
- 46:08there The Washington Post was there and
- 46:11journalists from City papers as far away
- 46:13as New York City were there most were
- 46:15professional in their reporting while
- 46:17some tabloid like tumbled across both
- 46:20Springfield Oregon and Chandler Arizona
- 46:22finding anyone who knew Diane DS or even
- 46:24talked to her once when the Eugene
- 46:27Register Guard found Diane's father Wes
- 46:29Frederickson the paper noted he was
- 46:31Gallant to the end if my daughter did it
- 46:34then I believe in fact she should pay
- 46:37but nothing can take away the love a
- 46:39father has for his kids in the wake of
- 46:42the impending trial Diane sought as her
- 46:44counselor the brilliant and highly
- 46:46esteemed attorney Melvin belly because
- 46:48of the high profile the Downs case
- 46:50generated belly wanted to take it on but
- 46:53he had personal plans unbreakable and
- 46:56would defend Diane only if the trial
- 46:58could be postponed a couple of months
- 47:00after the already slated May 1984
- 47:02calendar the courts refused to budge
- 47:05hugi had waited long enough and delaying
- 47:07it might mean delaying it again for the
- 47:09pregnant Diane to give birth too much
- 47:11work had been expended too many people's
- 47:14time to delay the inevitable Fred hugi
- 47:17had 24 volumes of evidence statements
- 47:19follow-ups and transcriptions of tapes a
- 47:22mountain of possibilities to be winnowed
- 47:24down shaped and molded for his case he
- 47:26would work 18 to 24hour days and so
- 47:29would the rest of his
- 47:31team Diane was forced to find another
- 47:33lawyer quickly she chose criminal
- 47:36attorney Jim Jagger a man noted for his
- 47:38downhome but effective manner what was
- 47:41to be a six-week trial open May 10th
- 47:431984 in Eugene at the Lane County
- 47:46Courthouse courtroom number three the
- 47:48largest of the rooms of Justice in the
- 47:50old building the jury panel consisted of
- 47:53nine women judge foot the man who had
- 47:56taken and christe and Danny DS from
- 47:58their suspect mother presided young and
- 48:01intense he was noted for his fairness
- 48:04the citizenry of the county turned out
- 48:06for the sensation people across America
- 48:09were still divided over the guilt or
- 48:11innocence of Diane DS was she a martyr
- 48:14or a devil and those no names who shared
- 48:16The Spectator seats with the paparazzi
- 48:19the witnesses and the families felt
- 48:20honored in his opening remarks Fred hugi
- 48:23presented a motive for her fixation on a
- 48:25married man who felt that her kids
- 48:27should not be part of their Fantasy Life
- 48:29and a method the 22 caliber Ruger pistol
- 48:32that she bought in Arizona and denied
- 48:34having owned an Oregon he read passages
- 48:37from her diary screaming her love for a
- 48:39man who didn't want her as she wanted
- 48:41him and to some titilation of the Court
- 48:44he read aloud Diane's masturbation poem
- 48:47he promised to paint over the next weeks
- 48:49a real picture of the cruelty that made
- 48:51Diane DS tick Council for the defense
- 48:54conceded in turn that there had been an
- 48:56Obsession but not so dark as to have led
- 48:59his client to destroy the three people
- 49:01she loved most in the world he pointed
- 49:04to her childhood to her alleged
- 49:06molestation as a child even to her
- 49:08promiscuity that he saw as a relevance
- 49:10to that dysfunctional experience but a
- 49:14murderous no for he intended to show
- 49:16that Diane's story of a man on the
- 49:18Mohawk Road with a gun was not a
- 49:20falsehood courtroom proceedings paused
- 49:23on May 14th so that the jurors could
- 49:25experience for themselves the the
- 49:26physical scene of the crime hugi
- 49:29transported them via a chartered bus to
- 49:31old Mohawk Road parallel to the river
- 49:33through daylight the prosecutor
- 49:35accentuated the state of the road at the
- 49:37time of the shootings relating the ebony
- 49:39of that night the loneliness the Sparks
- 49:42of gunfire that shattered the Gloom and
- 49:44the high emotion before the day ended
- 49:47jurors were then led to the county autop
- 49:49pound to see the red Nissan death car he
- 49:52wanted them to gaze into its interior
- 49:54and to feel the kid's Terror back in
- 49:57court during the week the first of the
- 49:59state's Witnesses were brought forth
- 50:01they comprised mostly Personnel from
- 50:03McKenzie willamet hospital where Cheryl
- 50:05DS died and where doctors struggled to
- 50:08save the other two Downs children nurse
- 50:11Rose Martin recalled mother Diane's
- 50:13peculiar attitude toward what had just
- 50:15happened she asked how the children were
- 50:17and I told her the doctors were in there
- 50:19working on them Martin remembered and
- 50:22then she the mother laughed and she said
- 50:24only the best for my kids and she
- 50:27laughed again and said well I have good
- 50:30insurance Dr John Mackey who was in
- 50:33charge of the ER the evening of the
- 50:34murder described the children's chest
- 50:37wounds and the medical team's first
- 50:39spontaneous efforts of life-saving he
- 50:42then recollected his observation of
- 50:44Diane she was extremely composed she was
- 50:47unbelievably composed I couldn't believe
- 50:50she was a family member there were no
- 50:52tears no disbelief no why did this
- 50:55happen to me
- 50:57x-ray technician carlen Elbridge could
- 50:59not get over the fact that Diane a
- 51:01mother of three severely wounded
- 51:03youngsters and then complained about
- 51:05having to be seen in public without
- 51:07makeup throughout the trial Witnesses
- 51:09came and went each making an impact some
- 51:12more than others but the high point the
- 51:15Turning Point the riveting Point came
- 51:17when Christy DS was brought to the stand
- 51:20quivering tear stre she was ushered to
- 51:23the stand by Fred hugi it was clear that
- 51:26he detested the moment to bring a child
- 51:28face on against her mother but the
- 51:30moment was needed if American Justice
- 51:32was to be played out hugi pale jaw tight
- 51:36but with a fatherly voice led the
- 51:38examination of little Christy DS from
- 51:41time to time he handed her cleanex while
- 51:43she paused to wipe her cheeks he waited
- 51:45until she regained herself whenever she
- 51:47broke down usually after her eyes and
- 51:50her mothers momentarily met he didn't
- 51:52rush her and he remained gentle when she
- 51:55spoke and her voice might be muffled
- 51:57under her sobs he clarified the question
- 51:59so that the jurors would completely
- 52:01understand the tinon Abul of that tiny
- 52:04voice he loved This Little Child it was
- 52:07obvious in the way he looked at her and
- 52:09spoke to her the courtroom inhaled and
- 52:11didn't seem to Exhale until it was over
- 52:14and then especially then breath came
- 52:16short hugi began by explaining to the
- 52:19girl the importance of telling the truth
- 52:21on the stand she understood giving her
- 52:24time to relax and her voice voice to
- 52:26become sufficiently audible to the
- 52:28courtroom he then asked her several
- 52:30routine questions about her family her
- 52:32schooling and herself feeling that she
- 52:35was ready for the heavy stuff he
- 52:37maneuvered into the day of the crime her
- 52:39visit with her family to Heather pl's
- 52:41home on Sunderman Road in order to give
- 52:43Mrs plard the clipping from the
- 52:45newspaper about horse rentals Christy
- 52:47was visibly shaken hugi patted her
- 52:50shoulder and gave her a reassuring smile
- 52:52he gave her a moment to recover before
- 52:54proceeding reassuring that she was okay
- 52:57he resumed his line of questioning about
- 52:59what Diane did with her
- 53:01children she leaned over to the back
- 53:03seat and shot Dany Christie said what
- 53:07happened then hugi prompted her what
- 53:10happened after Dany got shot the child
- 53:13caved in under her tears and hugi hugged
- 53:15her knowing this must come and wanting
- 53:17to get it over with he gave her time to
- 53:19find her voice once again then quietly
- 53:23sympathetically he went on he gingerly
- 53:26re phrased his question for by this time
- 53:28the court had already gathered what
- 53:30Diane DS did after she shot Dany do you
- 53:33remember when you got shot huji asked
- 53:35her yeah she answered who shot you my
- 53:39mom she simply
- 53:41said after that pathetic moment the tone
- 53:44for the rest of the trial was set
- 53:46everything else all other words were
- 53:49anticlimactic Diane DS was as guilty as
- 53:52Sin outside the walls of the courtroom
- 53:55too Americans who had had refused to
- 53:57believe that a mother could consciously
- 53:58pull a trigger on three harmless
- 54:00children surrendered she had been
- 54:03vilified justly and the cross that they
- 54:06thought was being nailed together to
- 54:08crucify a martyr became suddenly an
- 54:10instrument of deserved Justice on June
- 54:1414th 1984 judge foot read aloud the
- 54:17jury's unanimous verdict guilty of
- 54:19attempted murder in the first degree
- 54:21guilty of a second account of attempted
- 54:23murder in the first degree guilty of
- 54:25first degree of assault guilty of
- 54:27another count of first-degree assault
- 54:30guilty of murder Oregon at the time did
- 54:32not impose the death sentence but in the
- 54:35subsequent sentencing the judge sought
- 54:37to deprive Diane DS of the daylight of
- 54:39Liberty forever more after decreeing a
- 54:42life term plus an additional 50 years
- 54:44for using a firearm he expressed the
- 54:47court hopes the defendant will never
- 54:49again be free I've come as close to that
- 54:51as possible between the verdict and the
- 54:53sentencing the court recessed while
- 54:55Diane gave birth to a beautiful child
- 54:57whom she named Amy the father of the
- 55:00baby denied her and in time a caring
- 55:02family adopted Amy in 1987 Diane briefly
- 55:06escaped from the Oregon women's
- 55:07correctional center where she had been
- 55:10incarcerated after her recapture she was
- 55:12transported to the high maximum Clinton
- 55:14Correctional Institution in New Jersey
- 55:17today she sits in the Valley prison for
- 55:19women in Chowchilla California Diane's
- 55:22former lover and his wife remained
- 55:24happily married Steve DS was still still
- 55:26living in Oregon the children Christy
- 55:28and Dany survived the ordeal Dany was
- 55:31confined to a wheelchair but was a happy
- 55:33boy Christy has grown into a very
- 55:35content teenager both consider the
- 55:38ending of their story to be happy ever
- 55:39after in 1986 they moved into the home
- 55:43of their new loving adoptive parents
- 55:45Fred and Joanne
- 55:47huji hey there amazing True Crime
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