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True Crime Documentary: Diane Downs (The Bushy Haired Stranger) — Transcript

by Serial Killers Documentaries · 9,901 words · 1,442 segments · language en · Watch on YouTube

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  1. 0:06[Applause]
  2. 0:16even though the sun had long set Over
  3. 0:18The Verdant Hills of Springfield Oregon
  4. 0:20Thursday May 19th 1983 remained as warm
  5. 0:23at night as it had at noon there was a
  6. 0:26quiet to the evening the kind of
  7. 0:28languishing Stillness that sometimes
  8. 0:30thresholds a storm but the night staff
  9. 0:32at Mackenzie Willet Hospital felt no
  10. 0:34oncoming torrent and after so many years
  11. 0:37fighting unpredictable emergencies they
  12. 0:40often found themselves with an innate
  13. 0:42power to feel something sinister in the
  14. 0:44air and the professionals they were they
  15. 0:47were always ready nothing had pre- armed
  16. 0:50them however for the drama that unfolded
  17. 0:52at their literal doorstep at
  18. 0:54approximately 10:48 p.m. no warning had
  19. 0:57come until the red late model Nissan bar
  20. 1:00in Arizona license plates kened into the
  21. 1:02emergency drop off bleeding its horn to
  22. 1:05scare the Devils from Hell the skeleton
  23. 1:07night shift all heard it their faces
  24. 1:10told them immediately that what they had
  25. 1:11anticipated a quiet night in the ER was
  26. 1:14not to be Dr John Mackey the physician
  27. 1:17in charge and the two nurses Rose Martin
  28. 1:19and Shelby day felt the familiar
  29. 1:21adrenaline receptionist Judy Patterson
  30. 1:24rolled back her typewriter ledge and
  31. 1:25quickly forgot about the routine
  32. 1:27insurance form she had been updating in
  33. 1:30the driveway just beyond the double
  34. 1:31automatic doors of the ER a blonde woman
  35. 1:34in her 20s waved them on she looked
  36. 1:36Ashen in the fluorescent tube lighting
  37. 1:39and she wildly pointed to the interior
  38. 1:41of her car somebody just shot my kids
  39. 1:44was all she seemed to know how to say
  40. 1:47Patterson hearing the mother's words did
  41. 1:49what she always did in emergencies
  42. 1:50involving violent crime she dialed for
  43. 1:53the police nurses Martin and day
  44. 1:55teetered when they looked through the
  45. 1:56windows of the Nissan side panels were
  46. 1:59soaked in blood and amidst the blood lay
  47. 2:01three small children one in the front
  48. 2:03passenger seat two in the back first
  49. 2:06glance told the nurses the children had
  50. 2:08been shot at very close range a
  51. 2:10golden-haired child up front a girl
  52. 2:13couldn't have been any more than seven
  53. 2:14or eight the RNs apprised of the two in
  54. 2:17the rear one was a girl maybe a trifle
  55. 2:20older than the other and a boy merely a
  56. 2:23toddler this call was unexpected and it
  57. 2:26was bad very bad Personnel from intent
  58. 2:30of care were summoned to assist ER and a
  59. 2:32swattie team of white coat professionals
  60. 2:34including top surgeon Fred wild height
  61. 2:37voled to the scene as the trio of
  62. 2:39injured youngsters were carried in by
  63. 2:40weeping nurses and pale interns as
  64. 2:43reinforcement came Dr Mackey explained
  65. 2:46the situation to them in two taught
  66. 2:48words chest wounds two of the children
  67. 2:51still breathed although strenuously the
  68. 2:53boy gasped for air the child found
  69. 2:56slumped in the front seat appeared
  70. 2:58beyond help despite frantic efforts by
  71. 3:00the doctors at the operating table the
  72. 3:02damage had been lethal she was
  73. 3:04pronounced dead moments after being
  74. 3:06wheeled to emergency only later did the
  75. 3:08Medics learn the children's names and
  76. 3:10ages Christy DS 8 Cheryl and DS s and
  77. 3:14Danny DS three but names and ages didn't
  78. 3:17matter yet in fact they were the least
  79. 3:20important factor in this hour This Night
  80. 3:23This calamity What mattered is that
  81. 3:25someone without a heart had deliberately
  82. 3:27attempted to murder three kids in Cold
  83. 3:29Blood
  84. 3:30and despite the odds despite a fate that
  85. 3:32looked gloomy the caretakers hastened to
  86. 3:35keep that fate at Bay and beat it at its
  87. 3:37own game with deliberate intention
  88. 3:40skilled hands attended to the two
  89. 3:42operable victims feeling the children
  90. 3:45succumbing to severe blood loss and lack
  91. 3:46of oxygen they performed tracheotomies
  92. 3:49on them to free the flowing blood and
  93. 3:51Salvage much needed air machines began
  94. 3:54to pump the little hearts and Revitalize
  95. 3:56the other organs despite the children's
  96. 3:58fragile condition Mackey and his experts
  97. 4:01kept them alive
  98. 4:03miraculously author Anne rule who
  99. 4:06relates the tragedy in her excellent
  100. 4:07book small sacrifices writes one child
  101. 4:10was dead Cheryl one child Christie had
  102. 4:14defied the odds and lived through
  103. 4:15profound blood loss heart stoppage and
  104. 4:17delicate surgery one child Dany seemed
  105. 4:21stable but was at risk of paralysis who
  106. 4:23in the name of God could have aimed a
  107. 4:25pistol at three small children and
  108. 4:26pulled the trigger their mother Di an
  109. 4:30didn't Supply an answer she told
  110. 4:32Hospital receptionist Patterson that she
  111. 4:35and her family had been driving home
  112. 4:37from visiting a friend in nearby Marcola
  113. 4:39when a man a bushy-haired stranger type
  114. 4:42had waved down their car on a lonely
  115. 4:44span of Highway thinking he needed help
  116. 4:47Diane paused to inquire and that was
  117. 4:50when said a tearful Diane the man
  118. 4:53pointed his gun through her car window
  119. 4:55and loosened its Barrel on her three
  120. 4:57helpless Offspring both spring field and
  121. 5:00Lane County Police responded to them she
  122. 5:03exacted the tale of the Ambush and an
  123. 5:05odd description of the Vagabond reacting
  124. 5:07to the story the Departments issued an
  125. 5:10emergency watch on the city and county
  126. 5:12roads fearing that there might be a
  127. 5:13Madman roaming the outskirts of
  128. 5:15Springfield its lanes and byways squads
  129. 5:18Drew into action in the area described
  130. 5:20by Diane as the point of attack in the
  131. 5:22vicinity of Marcola and old Mohawk Road
  132. 5:24a desolate spot became the center of a
  133. 5:26Manhunt since the crime was purported to
  134. 5:29have occurred in the county members of
  135. 5:31the sheriff's office for Lane County
  136. 5:33became principal investigators Sergeant
  137. 5:36Robin Rutherford was the County's first
  138. 5:38man to approach the children's Mother at
  139. 5:40the hospital when he arrived the nurses
  140. 5:43were tending to her arm which bore a
  141. 5:45series of small superficial wounds
  142. 5:47marked between the elbow and the wrist
  143. 5:49from where she had tried to ward off the
  144. 5:51gunman's blows seeing that Mrs Down's
  145. 5:54injuries were minor and that she seemed
  146. 5:56to be in an unusual state of calmness in
  147. 5:58fact she seemed seemed in full control
  148. 6:00of her senses he asked that she come
  149. 6:02with him to point out the best she could
  150. 6:04in the dark the exact spot of the crime
  151. 6:07the site she located by memory near
  152. 6:09where two rural roads converged was a
  153. 6:12most desolated spot where the river
  154. 6:14pushed by in the dark on one side on the
  155. 6:17other a field of wild flocks trembled in
  156. 6:19the wind there was not a spot a young
  157. 6:22woman with three children should have
  158. 6:23stopped her car to speak to a stranger
  159. 6:26when Diane returned to the hospital she
  160. 6:28was given the Terrible news about her
  161. 6:30middle child Cheryl as well as the
  162. 6:32status of her other two children she
  163. 6:35took the news gracefully but her
  164. 6:36attitude stunned the hospital Personnel
  165. 6:39who had expected her to turn hysterical
  166. 6:41she seemed too accepting when told that
  167. 6:44Dany had a chance of surviving she
  168. 6:46replied in an almost perplexed manner do
  169. 6:48you mean the bullet missed his heart G
  170. 6:51whiz detectives who spoke with her in a
  171. 6:54private room at Mackenzie willamet were
  172. 6:57equally surprised at her attitude
  173. 7:00one investigator a sharp keen-witted
  174. 7:02veteran of the County's homicide Squad
  175. 7:04who was aptly named Dick Tracy found her
  176. 7:07very rational considering what she had
  177. 7:10undergone unlike other women whom he had
  178. 7:12encountered after similar crises
  179. 7:14together with his partner on the case
  180. 7:16detective Doug Welch who also found
  181. 7:18Diane DS too stoic for a mother whose
  182. 7:20entire brood was just shot Tracy
  183. 7:23conducted an interview to Garner some
  184. 7:25personal background on the mother and
  185. 7:27her children as well as to begin
  186. 7:29building building a chronology of events
  187. 7:31leading up to the shooting to that point
  188. 7:34they had determined that the bullets
  189. 7:35that had been fired at the kids were 22
  190. 7:37caliber shot from either a handgun or
  191. 7:40rifle detectives suspected a handgun
  192. 7:43powder burns on the children's skin
  193. 7:45indicated that the weapon had been fired
  194. 7:47at an extremely close proximity
  195. 7:49especially those on the deceased girl
  196. 7:51Cheryl who had been in the front seat
  197. 7:54blood sped across the car's doors seats
  198. 7:57windows and elsewhere indicated that the
  199. 8:00murderer had discharged the gun from the
  200. 8:02left or driver's side which agreed with
  201. 8:05Diane's story claiming the Intruder had
  202. 8:07reached in through her window about the
  203. 8:09mother herself the detectives learned
  204. 8:12that she was 27 years old was a
  205. 8:14mailwoman for the US Postal Service and
  206. 8:17worked The Cottage Grove division having
  207. 8:19previously been a letter carrier in
  208. 8:21Chandler Arizona she recently divorced
  209. 8:24there from a man named Steve DS and
  210. 8:27after obtaining a work transfer Rel
  211. 8:29located to Oregon to be near her parents
  212. 8:31Willa and Wes
  213. 8:33Frederickson the Frederickson were
  214. 8:35former arizonians who had moved to
  215. 8:36Oregon years earlier Wes Frederickson
  216. 8:39was also a post office
  217. 8:41employee Diane sketched for her
  218. 8:43interviewers a quick history of that
  219. 8:45evening according to Diane she and her
  220. 8:48children had eaten a fast dinner at home
  221. 8:50then left their small duplex home at
  222. 8:521352 Q Street in Springfield Bound for a
  223. 8:56co-worker home on rustic Sunderman Road
  224. 8:59the friend Heather plow had told Diane a
  225. 9:01few days earlier at the workplace that
  226. 9:03she was thinking about buying a horse
  227. 9:05and Diane had found an ad in the
  228. 9:07newspaper about horse rentals that she
  229. 9:08figured Heather might appreciate seeing
  230. 9:11not knowing Heather's phone number they
  231. 9:13weren't intimate friends Diane decided
  232. 9:16to bring the advertisement herself the
  233. 9:19drive she explained offered a good
  234. 9:21opportunity to get the kids out of the
  235. 9:23stale house for a couple of hours on the
  236. 9:25way home after a brief chat with Heather
  237. 9:28and her husband Dianne thought that she
  238. 9:30would cut through old Mohawk Road to the
  239. 9:32main Highway she thought it might be fun
  240. 9:35to go sightseeing the kids enjoyed
  241. 9:38watching the moon from the unlit
  242. 9:40countryside it was then after she turned
  243. 9:43on to old Mohawk that she spotted the
  244. 9:45man he was standing in the center of the
  245. 9:48gravel road signaling as if for help she
  246. 9:51described the man as white in his late
  247. 9:5320s about 5'9 150 to 170 lb dark hair a
  248. 9:59shag wavy cut and a stubble of a beard
  249. 10:03he wore a Levi Jacket and an off-colored
  250. 10:05t-shirt she hit the brakes and got out
  251. 10:08of her car it was then that the stranger
  252. 10:10pulled out a pistol from under his
  253. 10:12jacket and demanded that she turn over
  254. 10:14the keys to her automobile she refused
  255. 10:17but in retaliation said Diane he reached
  256. 10:20past her through the driver's window and
  257. 10:22opened fire on her family when he then
  258. 10:25tried to reach for the car keys she
  259. 10:27fought back out stepping him but as she
  260. 10:30slipped back into her car he fired one
  261. 10:32more time at her now striking her arm
  262. 10:36slamming the gas pedal her Nissan sped
  263. 10:38off in away her children were hurt she
  264. 10:41could see that and thought of only one
  265. 10:43thing to get them to the hospital as
  266. 10:45quickly as
  267. 10:46possible Tracy's mind had wandered a
  268. 10:49moment while Diane spoke he had read the
  269. 10:52doctor's report on his treatment of
  270. 10:53Diane's arm injury a single bullet
  271. 10:56entered her left forearm it split in two
  272. 10:58as it sh shattered the radius and then
  273. 11:00exited leaving two smaller wounds as she
  274. 11:03related her getaway from the man on the
  275. 11:05road and how the bullet struck her arm
  276. 11:08he couldn't help thinking that the place
  277. 11:09where she was wounded was the exact same
  278. 11:12place other Killers had shot themselves
  279. 11:14to make it appear that they were
  280. 11:15attacked by a phony asant but would not
  281. 11:18pass judgment until the evidence was in
  282. 11:22and that would not be for some
  283. 11:24time before the interview ended Diane
  284. 11:27agreed to sign a search warrant on her
  285. 11:29home she admitted she owned a 38 caliber
  286. 11:32pistol which she kept for protection on
  287. 11:34her delivery route and a 22 caliber
  288. 11:36rifle for home safety but both were
  289. 11:38unused one lay cold hidden under rags in
  290. 11:42her trunk the other collected dust on a
  291. 11:44shelf in her home meanwhile police
  292. 11:47around the hospital were busy in the
  293. 11:49driveway they prepared the red Nissan
  294. 11:51Pulsar with the Arizona license plates
  295. 11:53for transporting to the crime lab for
  296. 11:55further investigation in the morg
  297. 11:57Sergeant John Peck's photo photographed
  298. 11:59the wounds on the dead girl behind ER
  299. 12:02detective Ray P collected evidentiary
  300. 12:04bloody clothing removed from all three
  301. 12:06children all Personnel assigned to this
  302. 12:09particular homicide knew without a doubt
  303. 12:12that the weekend ahead would mean little
  304. 12:13Leisure Time and a lot of pounding on
  305. 12:16doors question asking and rattling of
  306. 12:18brain cells to figure out this
  307. 12:20confounding irritating and heartbreaking
  308. 12:22mystery because three helpless children
  309. 12:25had their bodies savagely blown open by
  310. 12:27a gunner the policeman did mind the
  311. 12:29overtime one bit they wanted the killer
  312. 12:32now several nurses and an investigator
  313. 12:35were bedside when Diane DS was finally
  314. 12:37allowed into the Intensive Care Unit to
  315. 12:39see christe one of her two surviving
  316. 12:42children The Spectators noted that as
  317. 12:45she squeezed her daughter's hand
  318. 12:47murmuring I love you she did so as
  319. 12:50devoid of warmth as an icicle her words
  320. 12:53were passed through clenched teeth Paul
  321. 12:55Alton the investigator noticed something
  322. 12:57else the child 's eyes peeking from
  323. 13:00above an oxygen mask took on the glaze
  324. 13:02of fear when spotting her mom
  325. 13:04approaching I happened to glance at the
  326. 13:06heart rate monitor and at the pulse when
  327. 13:08Diane came in said he the scope showed
  328. 13:11Christy's heart was beating 104 times a
  329. 13:13minute but when Diane took hold of her
  330. 13:16that scope jumped to
  331. 13:18147 Friday morning plain clothesman
  332. 13:21checked with the PLS to ensured Diane
  333. 13:23and her kids had visited them the
  334. 13:25previous evening as Diane had asserted
  335. 13:27Mrs plard confirmed confirmed the
  336. 13:29visitation as well as the reason for it
  337. 13:32to give her an ad about horses under the
  338. 13:34supervision of Tracy and Kurt Welch
  339. 13:37state troopers searched Diane's
  340. 13:38Springfield residence requisitioning
  341. 13:40several items including a diary that
  342. 13:42they found the aforementioned rifle a
  343. 13:45Glenfield 22 caliber located where Diane
  344. 13:48had said and a box of standard 22
  345. 13:50caliber shells same as those taken from
  346. 13:53the children's bodies one particular
  347. 13:56item however interested Dick Tracy a
  348. 13:58photo of a young man in a beard that
  349. 14:00shared space at top the television with
  350. 14:02other pictures of Diane Tracy was
  351. 14:05cognizant of the fact that Dianne had
  352. 14:07made a phone call to a man in Arizona a
  353. 14:10former boyfriend supposedly not long
  354. 14:12after arriving at the hospital before
  355. 14:15she knew the state of her children
  356. 14:17before alerting her ex-husband and the
  357. 14:19father of the children she acted as if
  358. 14:21compelled to call this Arizona man Tracy
  359. 14:25studying the photo of the man wondered
  360. 14:27if he was looking at the object of
  361. 14:28Diane's urgent phone call Fred hugi of
  362. 14:31the district attorney staff sensed
  363. 14:33something foul almost immediately after
  364. 14:35being assigned by County DA Pat Horton
  365. 14:37to prosecute the case in preparation for
  366. 14:40what the da knew would eventually lead
  367. 14:42to a murder trial it was hui's job to
  368. 14:45follow the revelations of the case as
  369. 14:47they surfaced from the origin as far as
  370. 14:49hugi quickly ascertained the fetus of
  371. 14:52something evil had taken form in the
  372. 14:54embryonic Blackness of that rural
  373. 14:55roadway in Lane County whatever happened
  374. 14:59Thursday night the facts began to come
  375. 15:01to light in a most suspicious manner
  376. 15:03unlike those explained by the mother
  377. 15:05Diane DS huji relatively new to the DA's
  378. 15:09investigative Squad nevertheless knew
  379. 15:11Mischief when he saw it and he saw it
  380. 15:13first in the faces of two perplexed
  381. 15:15scared youngsters strapped to tubes and
  382. 15:18cords for life in a lowly lit hospital
  383. 15:20room never one for sentiment even he was
  384. 15:23surprised when he felt tears rolling
  385. 15:25down his cheeks as he gazed upon Christy
  386. 15:27and Danny DS and when he heard from Paul
  387. 15:30Alton the reaction of Christie when she
  388. 15:32had seen her mother for the first time
  389. 15:34since the shooting he knew it was not
  390. 15:36the normal reaction of any child who in
  391. 15:39pain and surrounded by Foreign faces
  392. 15:41would have been Overjoyed to see the one
  393. 15:43person in their life to rekindle their
  394. 15:46Spirits hugi ordered a round-the-clock
  395. 15:49guard on the children he also
  396. 15:51commissioned a child psychologist to
  397. 15:53remain at christe's side during the day
  398. 15:55to build up a trust that the child May
  399. 15:58when more hail
  400. 15:59confide in her about the events on
  401. 16:01Mohawk Road doubt in the mother's story
  402. 16:04was building over the coming days her
  403. 16:07version of what happened that night
  404. 16:09changed slightly her placement of the
  405. 16:11killer when he fired the gun altered in
  406. 16:13several retellings as did her own
  407. 16:15actions in the face of the supposed
  408. 16:17gunman when Doug Welch interviewed Steve
  409. 16:20DS Diane's ex-husband in Arizona Welch
  410. 16:23learned that Diane owned three not two
  411. 16:25weapons and one was a 22 caliber handgun
  412. 16:28which Diane did did not mention Welch
  413. 16:30found Steve DS an open Ur while talker
  414. 16:33who seemed glad to be rid of his ex-wife
  415. 16:35who he said liked to bed hop an
  416. 16:38electrical contractor living in Chandler
  417. 16:40Arizona he carried no grudge and seemed
  418. 16:42to be happy just to live his current
  419. 16:44bachelor life he admitted that he and
  420. 16:46Diane were still friends but that their
  421. 16:49occasional phone conversations never
  422. 16:51extended beyond the kids health and
  423. 16:53Scholastic welfare he seemed genuinely
  424. 16:56upset with the bad news and sincerely
  425. 16:58fatherly hopeful that Christy and Dany
  426. 17:00would pull through he made immediate
  427. 17:03plans to fly to Oregon to see them Welch
  428. 17:06asked Steve Downs if he knew who the
  429. 17:07Arizona man might be and the former
  430. 17:10spouse not surprised by the question
  431. 17:12replied that he must mean the married
  432. 17:14guy with whom Diane had been having a
  433. 17:16torid affair for some time before
  434. 17:18leaving Arizona he was a postal worker
  435. 17:20in Chandler and whatever happened in
  436. 17:22their love life the trist finally
  437. 17:24severed the man returned to his
  438. 17:27understanding wife but Diane still
  439. 17:28seemed to carry the torch hot and heavy
  440. 17:31her infatuation with this married man
  441. 17:33was maniacal it seemed but he didn't
  442. 17:35seem the type to leave a doing wife for
  443. 17:38a woman with three growing hungry
  444. 17:40kids when Welch asked about weapons the
  445. 17:43couple had owned and which ones Diane
  446. 17:45had taken with her to Oregon down told
  447. 17:47him that Diane had a 22 rifle a 38
  448. 17:51revolver and a 22 Ruger Mark 4 nine-shot
  449. 17:54semi-automatic pistol she used to
  450. 17:57practice her shooting at the local local
  451. 17:59Chandler area range why she carried guns
  452. 18:02she was a woman and felt she needed
  453. 18:04protection on her route Steve down
  454. 18:06suggested then detective Welch felt he
  455. 18:08had to ask the obvious Steve would your
  456. 18:11ex-wife harm your kids in order to get
  457. 18:13the married guy back no way the other
  458. 18:17shook his head she loves those kids when
  459. 18:20questioned afterward Diane denied she
  460. 18:22still owned the 22 caliber no one in the
  461. 18:26DA's office especially Fred hugi
  462. 18:28believed that there had been an
  463. 18:29aggressor on old Mohawk Road since the
  464. 18:32beginning of time wrongdoers have used
  465. 18:34mythical abductors and thugs as Alibis
  466. 18:36to cover their own or a close friend's
  467. 18:39crime in law enforcement jargon these
  468. 18:41makeb belie violators are niched under
  469. 18:43the all-encompassing term bushy-haired
  470. 18:45stranger the guy who isn't there the man
  471. 18:48the defendant claims is really
  472. 18:50responsible of course the bushy-haired
  473. 18:52stranger can never be produced in court
  474. 18:55hugi had Sid mouthed we estimate that if
  475. 18:58The bushy-haired Stranger is ever caught
  476. 19:01the prison doors will have to be open to
  477. 19:03let out all the wrongly convicted
  478. 19:05defendants Paul Alton hui's Central
  479. 19:08FactFinder summed up his and the
  480. 19:10investigators misgivings I don't buy it
  481. 19:13she goes out to Sunderman to see Heather
  482. 19:15plow she decides to go sightseeing and
  483. 19:17heads toward marola suddenly she decides
  484. 19:20she'll Veer off on the old Mohawk Road
  485. 19:22say we buy the story that she sighing
  486. 19:25even if it's almost pitch dark she ssing
  487. 19:28how do we explain that the shooter knew
  488. 19:30she was going to be there if he's
  489. 19:32following her in his own car he could
  490. 19:34Trail her onto old Mohawk but she tells
  491. 19:36us that the stranger is in front of her
  492. 19:38standing in the road waving her down how
  493. 19:40does he get there to the trained Hawk
  494. 19:43Shaw's eyes the picture was incorrect
  495. 19:46incomplete even retouched if the killer
  496. 19:49wanted the car wouldn't he have shot
  497. 19:51Diane first she was the adult and would
  498. 19:54have been his biggest obstacle not the
  499. 19:56three tiny kids huddling in the car
  500. 19:59what would a bushy-haired stranger have
  501. 20:01to gain in shooting Christy Cheryl and
  502. 20:03Danny DS over the weekend forensic
  503. 20:06scientist James PEX from the Oregon
  504. 20:07State Police Department examined the
  505. 20:10interior of the Downs automobile to
  506. 20:12produce some thoughtful findings as
  507. 20:14reported to hugi and his Squad PEX had
  508. 20:16found a couple of 22 caliber ell copper
  509. 20:19casings ejected after firing no bullet
  510. 20:22had penetrated the body of the car
  511. 20:24indicating that all bullets had hit
  512. 20:26their live marks blood smeared the side
  513. 20:28door of the front seat where Cheryl had
  514. 20:30tumbled after being shot and pools of
  515. 20:32Blood Stained the rear seat where Dany
  516. 20:34and Christy had been hit but peek
  517. 20:37surprised no blood at all on the
  518. 20:39driver's side no smears on the steering
  519. 20:42wheel if a bullet had hit Diane as she
  520. 20:44was getting into her car as she said it
  521. 20:47would have been reflex for her to grab
  522. 20:48that wound with her idle hand there
  523. 20:51would have been blood on that hand then
  524. 20:53as she tried to steer the car from the
  525. 20:54scene Blood on the steering wheel also
  526. 20:58when a bullet is fired he explained the
  527. 21:00barrel discharges a small amount of
  528. 21:02smokeless gunpowder forward towards the
  529. 21:04target such powder particles were
  530. 21:06detected in three angles of the car on
  531. 21:08the right panel and in a sweep along the
  532. 21:10back seat there were no particles
  533. 21:12however on the driver's panel what did
  534. 21:14all this mean it could very well mean
  535. 21:16that whoever did the shooting had been
  536. 21:18seated in the driver's seat and that
  537. 21:20Diane DS shot herself just before she
  538. 21:22reached the hospital a scouring of the
  539. 21:25entire crime area had failed to produce
  540. 21:27the murder weapon but ejected casings
  541. 21:29from a spent 22 caliber matching those
  542. 21:32in the car were discovered in the
  543. 21:34vicinity divers even plunged into the
  544. 21:37Mohawk River which runs through the
  545. 21:39topography but could not find the gun
  546. 21:42unfortunately the river churned here and
  547. 21:44ran a rapid course that time of year in
  548. 21:46the spring and experts determined that
  549. 21:48had the gun been tossed into the waters
  550. 21:51it would have been Flushed Away miles on
  551. 21:53the river's current Hui who figured the
  552. 21:55courts hadn't much of a case against
  553. 21:57Diane DS without the murder weapon even
  554. 21:59went to look for the gun himself he
  555. 22:02waited along the river turned over loose
  556. 22:04Stones kicked through the Reed grass and
  557. 22:07scuffed the toe of his shoe through the
  558. 22:09ditch alongside the road to upturn loose
  559. 22:11soil but nothing to sink his spirits
  560. 22:14further he learned that Christy DS had
  561. 22:17suffered a stroke a direct symptom of
  562. 22:19the gunshot wound Her speech was
  563. 22:22distorted and the Physicians told him
  564. 22:25she may never speak again the left side
  565. 22:27of the brain
  566. 22:29the side that controlled the ability to
  567. 22:30speak had been injured but there was a
  568. 22:33hope albeit slight doctors prayed that
  569. 22:37because she was so young they could
  570. 22:39reverse the deterioration with therapy
  571. 22:41and restore her slurring tongue there
  572. 22:44was no gun to condemn Diane and perhaps
  573. 22:47the only live witness to the murder the
  574. 22:49murderer's own daughter would be unable
  575. 22:51to accuse her mother but huji more than
  576. 22:54ever believed that Diane was guilty when
  577. 22:57he was shown the dire in the letters
  578. 22:59confiscated from her home they both rre
  579. 23:02of a longing for the Arizona man her
  580. 23:04lost love a man who by the tone of the
  581. 23:07pages had deserted her the cause of his
  582. 23:10desertion may have been and the diary
  583. 23:12hinted this that his wife had simply
  584. 23:14stepped in to put the clamps down one
  585. 23:17passage caught hui's attention it was
  586. 23:20dated April 21st less than a month
  587. 23:22before the crime on Mohawk Road like so
  588. 23:25many entries It Was Written in the form
  589. 23:26of a letter addressed to someone else
  590. 23:29but used as a meter to weigh her own
  591. 23:31thoughts on such a thing this passage
  592. 23:33like most of the others was addressed to
  593. 23:35her former lover and read what happened
  594. 23:38I'm so confused what could she have said
  595. 23:41or done to make you act this way I spoke
  596. 23:43to you this morning for the last time it
  597. 23:46broke my heart to hear you say don't
  598. 23:48call or write I still think of you as my
  599. 23:50best friend and my only lover and you
  600. 23:53keep telling me to go away and find
  601. 23:54somebody else you have got to be
  602. 23:57kidding h Yuji resolved to get to the
  603. 23:59bottom of this business he kept asking
  604. 24:02himself who is he and is he involved in
  605. 24:04any way in the murder scheme he doubted
  606. 24:07it yet he could not get over the feeling
  607. 24:09that her obsession with this
  608. 24:10ex-boyfriend had driven her to lift that
  609. 24:12gun against her own children they were
  610. 24:15obstacles in the path of singly
  611. 24:17obtaining him and if he was correct in
  612. 24:19his guesswork would the man's wife be
  613. 24:20Diane's next victim Diane's letters were
  614. 24:23visions of fantasies they spoke of
  615. 24:26masturbation engendered by thoughts of
  616. 24:27her one true lover in one letter between
  617. 24:31references to sexual self-pleasure she
  618. 24:33Rhymes I love you more than could your
  619. 24:36wife yet it's brought sorrow to my life
  620. 24:39I just keep hoping and hanging on how
  621. 24:41much longer can I be strong perhaps she
  622. 24:44could be strong no longer hugi wondered
  623. 24:47before the weekend ended he dispatched
  624. 24:49two of his investigators to Chandler
  625. 24:51Arizona to find out who this man of her
  626. 24:53wet dreams really
  627. 24:55was the week of May 23rd was a sad one
  628. 24:58yet it brought optimism Cheryl DS's
  629. 25:01funeral took place on the 25th to much
  630. 25:03bereavement from family intimate friends
  631. 25:06and the Springfield Community but yet
  632. 25:09good news came from Mackenzie willamet
  633. 25:11Hospital both Christy and Danny were out
  634. 25:13of danger one of Christy's arms was
  635. 25:15paralyzed and Her speech was garbled for
  636. 25:17now albeit doctors believed capable of
  637. 25:20being revitalized Dany would probably be
  638. 25:22crippled for the rest of his life but
  639. 25:24his brain had not been affected and he
  640. 25:26would live both kids had been lucky
  641. 25:29totally against the odds
  642. 25:31lucky Doug Welch and Paul Alton were
  643. 25:34dispatched to Arizona to use their
  644. 25:36professional experience to dig up Diane
  645. 25:38DS's past and anyone including Lou
  646. 25:41Lewiston who came along with the shovel
  647. 25:43work their trip during the last weeks of
  648. 25:45May proved fruitful they learned just
  649. 25:48what they wanted to know about their
  650. 25:49Central suspect Miss Diane DS one of the
  651. 25:52first things they accomplished was
  652. 25:54proving that neither Steve DS nor the
  653. 25:56mysterious Lou were Di 's bushy-haired
  654. 25:59stranger Witnesses verified seeing them
  655. 26:02or being in their company in Arizona at
  656. 26:04the precise hour of the crime the
  657. 26:06detectives also spoke with several of
  658. 26:08Diane's former co-workers from the
  659. 26:10Chandler Branch Post Office their
  660. 26:12opinions of her varied some it was clear
  661. 26:15didn't like her at all no one praised
  662. 26:17her some of the informants describe a
  663. 26:20woman with a single-mindedness a
  664. 26:22channeling of ambition that they had
  665. 26:23rarely if ever encountered others
  666. 26:26disagreed Diane down had been flippy
  667. 26:29dippy up and down mad and sad a few
  668. 26:32Witnesses spoke on her behalf and then
  669. 26:33only with faint praise what emerged
  670. 26:36after the postal interviews was a
  671. 26:38postcard picture that might have been
  672. 26:39beautiful had its colors not run
  673. 26:41together she appeared to be a headstrong
  674. 26:43woman but headstrong in a tilted way her
  675. 26:46priorities were overblown and most of
  676. 26:48all out of sync she jumped in the sack
  677. 26:50with men right and left but refused to
  678. 26:53deliver copies of Playboy to customers
  679. 26:55on her route Lou Lewiston worked at the
  680. 26:57Chandler station too but the
  681. 26:59investigators interviewed him separately
  682. 27:01at his home to his credit they liked him
  683. 27:05they liked his honesty and directness he
  684. 27:07insisted that his wife Norah be there at
  685. 27:09his side while he candidly discussed
  686. 27:12even his sexual experiences with his old
  687. 27:14flame Norah he said knew the history and
  688. 27:17had forgiven him the couple had
  689. 27:20reconciled and Lou Lewiston wanted
  690. 27:22nothing more to do with Diane DS while
  691. 27:24the memory of his extramarital affair
  692. 27:26was undoubtedly painful to him him he
  693. 27:28answered the detective's questions
  694. 27:30cordially and succinctly he had met
  695. 27:32Diane at work in late 1981 after her
  696. 27:35divorce from Steve DS Lou was magnetized
  697. 27:39by the female's sexy gestures and her
  698. 27:41revealing clothing loving his wife Nora
  699. 27:44Lou was nonetheless taken with this new
  700. 27:46girl at the mail bin who blared easy
  701. 27:48virtue in loose midriff and sans's bra
  702. 27:51their friendship evolved overnight into
  703. 27:53a string of sleazy hotel room encounters
  704. 27:56Lou admittedly expected the affair to
  705. 27:57end swiftly as had all her relationships
  706. 28:01none of them had lasted with other men
  707. 28:02he knew she had gone with but as the
  708. 28:05months rolled on he found that she was
  709. 28:07not intending to let go in fact she was
  710. 28:10pulling tight on his private time and
  711. 28:12urging him to divorce Norah as soon as
  712. 28:15possible suddenly it dawned on him he
  713. 28:17was up and over in a relationship he
  714. 28:19never intended to move from off the bed
  715. 28:21springs he tried to break their seeing
  716. 28:23each other but each time Diane protested
  717. 28:25violently the affair continued and
  718. 28:28continued L said and I was with Diane
  719. 28:30all day at work and I'd be with her all
  720. 28:32night long and it was every day for
  721. 28:34months I basically didn't have time to
  722. 28:36think you know I was with Diane all the
  723. 28:39time Welch and Alton then noted
  724. 28:41something that Leon added that hit a
  725. 28:43high note because it complimented what
  726. 28:45their boss Fred hugi had been
  727. 28:47contemplating all along that the Downs
  728. 28:50children may have gotten in the way of
  729. 28:51their mother's love life despite her
  730. 28:54please he refused to see her when she
  731. 28:56was with Danny christe and Carol I
  732. 28:59wouldn't be with her if the children
  733. 29:00were around he explained it was an
  734. 29:02affair it didn't seem right after
  735. 29:05battling guilt for many months Lou
  736. 29:07decided to say adios to Diane the
  737. 29:10girlfriend's remonstrations had been
  738. 29:11incessant and one night in February 1983
  739. 29:15Lou severed them Diane asked me who I
  740. 29:18loved the most her or Nora I said I
  741. 29:21loved Nora she blew up she ranted and
  742. 29:24raved and screamed at me I'd never seen
  743. 29:26anyone act that way before
  744. 29:28when Lou raced home Diane followed him
  745. 29:31even up the steps of his own home with
  746. 29:32Norah present she pounded on our door
  747. 29:35all night long Lou's wife recalled then
  748. 29:37she called on the phone but she
  749. 29:40reappeared the following day confronting
  750. 29:42Nora on the stoop she began to tell me
  751. 29:44what I should do about my marriage my
  752. 29:46relationship with Lou everything I
  753. 29:49slammed the door in her face it had been
  754. 29:51what Lou called the final straw and he
  755. 29:54never saw her again not long after that
  756. 29:57cha otic night Diane put in a transfer
  757. 30:00to Oregon she relocated to Springfield
  758. 30:03to be near her parents but the letters
  759. 30:05and the phone calls to Lou continued one
  760. 30:08thing more the lawmen asked Lou if he
  761. 30:10had any knowledge about guns that Diane
  762. 30:13might have owned he did one of them he
  763. 30:15said was a 22 caliber handgun but Diane
  764. 30:19continued to deny she owned
  765. 30:21it Diane DS was born on August 7th 1955
  766. 30:25in Phoenix Arizona her parents willine
  767. 30:27and Frederickson named her Elizabeth
  768. 30:30Diane as the years passed she trimmed
  769. 30:32her name to Simply Diane having wet as
  770. 30:35teens and still in their teens when
  771. 30:37Diane came along the parents were AED at
  772. 30:40their having a human life to maintain
  773. 30:42and while they loved their baby they
  774. 30:44fell short in their ability to emanate a
  775. 30:46warm fondness a child inherently
  776. 30:49expects as a school student Diane was
  777. 30:52bright but not one of the In Crowd
  778. 30:55disciplining oldtime Baptist parents for
  779. 30:58B trendy clothing and fads resulting in
  780. 31:00their daughter being considered a wash
  781. 31:02out wherever she went she was the square
  782. 31:05the ugly duckling Diane's father
  783. 31:08allegedly molested her when she was 11
  784. 31:10years old Diane told authorities that
  785. 31:13the occurrences never led to
  786. 31:15fornication on weekends Diane claimed
  787. 31:17that he took her on rides to the desert
  788. 31:19once away from civilization he would
  789. 31:22make her remove her blouse and bra as he
  790. 31:24watched Diane said that these
  791. 31:26perversions Ended as quietly as they had
  792. 31:28begun and Wes Frederickson became more
  793. 31:30of a typical father as if cessation
  794. 31:32would eradicate all memories he allowed
  795. 31:34her to enroll in a charm school when she
  796. 31:36was 14 and that was the beginning of a
  797. 31:39new Diane one who with her hair cut
  798. 31:41stylishly and her Garb up to date the
  799. 31:44local boys began to notice Diane Hungry
  800. 31:47For Love by this time responded by being
  801. 31:49the babe with flashy eyes swaying hips
  802. 31:51and silly come hither giggle Steven DS
  803. 31:54one of the boys at Moon Valley High fell
  804. 31:57instantly in love with the pretty and
  805. 31:58now suddenly shapely blonde Diane the
  806. 32:01pair became an item and roved together
  807. 32:03everywhere they went arm linked in arm
  808. 32:06after graduation they parted for a spell
  809. 32:08he to the Navy she to Pacific Coast
  810. 32:10Baptist Bible College they corresponded
  811. 32:13regularly but if Diane had promised to
  812. 32:15save it for Steve she would have
  813. 32:17weakened for she was expelled from the
  814. 32:19religious school after a year for
  815. 32:21promiscuity Steve returned home in the
  816. 32:23couple wed on November 13th
  817. 32:261973 from the starting gun the marriage
  818. 32:28was at best shaky Steve worked half the
  819. 32:32time and Diane found her high school
  820. 32:33sweetheart less a noble escape and more
  821. 32:36of a repetition of her domineering Papa
  822. 32:39she had wanted love and realized too
  823. 32:41late that Steve was not that love she
  824. 32:44found solace when she became pregnant
  825. 32:46carrying a baby made her feel for the
  826. 32:48first time that she was actually in
  827. 32:49charge of a love that was all dependent
  828. 32:51on her it was a feeling of power she'd
  829. 32:54never before realized and she relished
  830. 32:57in the Delight that she was the
  831. 32:58helmswoman of her own path to Total love
  832. 33:02but after Christy was born in October
  833. 33:051974 it was back to serving Steve as
  834. 33:07meals never mind that she had a baby to
  835. 33:10care for and worked part-time at a local
  836. 33:12thrift store too to keep from falling
  837. 33:14apart emotionally she needed to feel
  838. 33:17that emotion once again of the seed of
  839. 33:18love stirring inside her she again
  840. 33:21became pregnant chery Lynn followed her
  841. 33:23older sister into this world in January
  842. 33:261976 throughout 1976 and
  843. 33:301977 Diane took the kids and ran away
  844. 33:32from Steve several times but she always
  845. 33:35came back Steve would hunt her down to
  846. 33:37one of her many relatives homes but once
  847. 33:40reunited it was monkey chasing weasel
  848. 33:43time all over again he was unhappy and
  849. 33:45she was unhappy but the marriage waned
  850. 33:47on Diane waited for something to happen
  851. 33:51hostile but passive she was both bored
  852. 33:53and angry life was passing quickly by
  853. 33:56her none of the things she promised
  854. 33:58herself had come true she decided again
  855. 34:01to conceive but not Steve's Baby by that
  856. 34:04time 1978 the family had moved to Mesa
  857. 34:08where both Diane and Steve worked for
  858. 34:09the same mobile home
  859. 34:11manufacturer on the assembly line Diane
  860. 34:14found her stud whom she passionately
  861. 34:16seduced her tummy swelled again and she
  862. 34:18floated in Wonderland drugged on love
  863. 34:22Dany was born 4 days after Christmas
  864. 34:261979 even though the child child was not
  865. 34:28his Steve accepted the boy as his own
  866. 34:31still the marriage had reached its e and
  867. 34:33within a year the Downs decided to
  868. 34:35divorce Diane moved in with dany's
  869. 34:38father and it was during this time she
  870. 34:40began to change now out of the wely
  871. 34:43manacles imposed by society and the
  872. 34:46Baptists she seemed to ignore her duties
  873. 34:48as a mother also the opiate of her
  874. 34:51children's love had worn off she
  875. 34:53preferred to work to stay away from home
  876. 34:56to throw the youngsters on any
  877. 34:57babysitter she could find one sitter
  878. 35:00relates an incident that even though she
  879. 35:02didn't know it at the time foreshadowed
  880. 35:05tragedy Diane put everything before
  881. 35:07those kids if Dany wanted attention she
  882. 35:10would push him away but the worst thing
  883. 35:12was one time I caught Cheryl jumping on
  884. 35:14the bed and I said that was not
  885. 35:16permitted I made her sit in a chair and
  886. 35:19think about it Cheryl sat quietly for a
  887. 35:21while and then she looked up do you have
  888. 35:24a gun here of course not why I want to
  889. 35:26shoot myself my mom says I'm bad Diane
  890. 35:30finally found a full-time position with
  891. 35:31the US Post Office in 1981 and was
  892. 35:34stationed in Chandler it was there she
  893. 35:36met Lou Lewiston and fell in love but
  894. 35:39for once it was the other party not
  895. 35:42Diane to make the decision when and
  896. 35:44where the love affair would end as she
  897. 35:46had done mentally to her own kids Lou
  898. 35:48physically walked out of her life caught
  899. 35:51unawares she ran home to Oregon but not
  900. 35:53quite understanding nor acceptant of the
  901. 35:55fact that this time she didn't have at
  902. 35:58herway in June assistant DA Fred huji
  903. 36:01met with his investigative Squad to
  904. 36:03review its findings whether or not to
  905. 36:05arrest Diane DS was the issue unsettled
  906. 36:08he wanted to see her taken in but not at
  907. 36:10the expense of the County office which
  908. 36:12would take extreme heat were the case
  909. 36:14thrown out in
  910. 36:15pre-trial nevertheless hugi and his men
  911. 36:18were convinced she was guilty but they
  912. 36:21feared that without the presence of a
  913. 36:23murder weapon or a viable witness who
  914. 36:25literally saw her do the shooting much
  915. 36:28of what they had gathered to date would
  916. 36:29be in all fairness considered
  917. 36:31circumstantial evidence and unacceptable
  918. 36:33in an American courtroom not enough to
  919. 36:36convict the team examined what they had
  920. 36:38collected so far among the evidence was
  921. 36:41a small number of 22 caliber bullet
  922. 36:43casings found on old Mohawk Road a very
  923. 36:46graphic display of Carnage in Diane's
  924. 36:48red Nissan Pulsar the estimation of the
  925. 36:51bullets paths from an accepted Authority
  926. 36:54a diary that screamed Diane's Obsession
  927. 36:56for ex-lover her letters colored with
  928. 36:58pornographic Daydreams and testimony
  929. 37:00from two men Steve DS and the former
  930. 37:03lover who swore she indeed owned
  931. 37:05something she continued to disclaim a 22
  932. 37:08caliber handgun the most expressive
  933. 37:10piece of evidence came from the pen of
  934. 37:12forensic expert Jim PEX who wrote that
  935. 37:14it was his estimation that some of the
  936. 37:16unfired 22 caliber shells found in
  937. 37:18Diane's home had once been worked
  938. 37:20through the mechanism of the same gun
  939. 37:22that shot the children but until the
  940. 37:24very gun was retrieved Hui knew the
  941. 37:27court could refute it investigators had
  942. 37:30also been able to shed doubt on Diane's
  943. 37:32story that she immediately raced for the
  944. 37:34hospital after the attack on her
  945. 37:37kids according to the testimony of
  946. 37:39Hospital Personnel she arrived outside
  947. 37:42the ER that fateful night at around
  948. 37:4410:48 p.m. screaming somebody just shot
  949. 37:47my
  950. 37:48kids the estimated time she had left the
  951. 37:51pl's home was according to Heather PL
  952. 37:54herself 9:45 p.m. the detectives knew
  953. 37:58that the shooting then must have
  954. 38:00occurred at approximately 10:15 in order
  955. 38:02to give Diane enough time to reather her
  956. 38:04senses survey the condition of her kids
  957. 38:07then drive as she had claimed
  958. 38:09immediately to McKenzie willat hospital
  959. 38:11to reach it by 10:48 p.m. but in the
  960. 38:14meantime a witness had come forward
  961. 38:16explaining that he had seen what he was
  962. 38:17sure was Diane's red Nissan near 10:20
  963. 38:20p.m. moving very slowly 5 to 7 m an hour
  964. 38:24along old Mohawk Road the car said
  965. 38:26witness Joseph Inman wasn't being driven
  966. 38:28critically another telling tale but so
  967. 38:31far just a tale but the legal Wheels
  968. 38:33behind hugi believed also that Diane was
  969. 38:36guilty and the da maneuvered the wheels
  970. 38:38to spin to show his support for the long
  971. 38:40hours his assistant was dedicating to
  972. 38:42catch a child killer in Lane County a
  973. 38:45grand jury assembled behind closed doors
  974. 38:48the panelists wanted to hear directly
  975. 38:50from those main players that list of
  976. 38:51testifiers that hugi had given the da
  977. 38:54among them her former lover Mr
  978. 38:58Heather PL Jim PEX and others and
  979. 39:01eventually Diane DS
  980. 39:03herself other positive things were
  981. 39:05happening County Judge Gregory foot
  982. 39:08placed the two surviving Downs
  983. 39:09youngsters in the protective custody of
  984. 39:11the state's Child Services Bureau this
  985. 39:14meant that in the meantime Diane was not
  986. 39:17allowed to see her kids that she felt
  987. 39:19she was being treated like a criminal
  988. 39:21was in reality a nose thumb by hugi
  989. 39:25after she violently threatened to remove
  990. 39:27the children from the hospital and take
  991. 39:29them away if detectives wouldn't stop
  992. 39:31hounding
  993. 39:32her Dany still confined to his bed was
  994. 39:35given full protection by the police
  995. 39:37department until he would be medically
  996. 39:39released at which time he would follow
  997. 39:41his sibling into a suitable Foster
  998. 39:44Family the home where Christy was
  999. 39:46transported was kept a secret her
  1000. 39:48whereabouts known by only a few
  1001. 39:50authorities in the middle of the grand
  1002. 39:53jury summons process and the ongoing
  1003. 39:55search for more evidence particularly
  1004. 39:57the vanished gun the Sheriff's Office
  1005. 39:59announced layoffs State funds dropped
  1006. 40:02and Paul Alton was laid off Doug Welch
  1007. 40:04and another of hui's top men Kurt West
  1008. 40:07were given a month's notice all of hui's
  1009. 40:09investigators in fact were let go or
  1010. 40:12redeployed throughout the coming winter
  1011. 40:14and into the spring of 1984 Diane was
  1012. 40:17fast becoming the media's favorite Star
  1013. 40:19newshounds had picked up on her plight
  1014. 40:22some medium distrusted her but to most
  1015. 40:24she was a bouncy Maiden maybe not in
  1016. 40:26distress but picked on by Mean Old Uncle
  1017. 40:28Sam who couldn't find the bushy-haired
  1018. 40:30Beast of Mythology because she looked a
  1019. 40:33little like Princess Diana she became
  1020. 40:35the darling fashion plate of the
  1021. 40:36American Pacific Coast less trivial
  1022. 40:39papers called her Princess D but hugi
  1023. 40:42saw her as anything but a princess a
  1024. 40:45good or a bad one she was more like the
  1025. 40:47wicked witch creating Havoc at every
  1026. 40:49point in life her kids had been swept
  1027. 40:52from her custody she was indignant and
  1028. 40:54sought Revenge she balked to the press
  1029. 40:56that she was Miss understood and was a
  1030. 40:58victim of prejudice and harassment
  1031. 41:01ignoring her bravado hugi let her talk
  1032. 41:03refusing to back down for that matter he
  1033. 41:06endeavored to bite her every footstep
  1034. 41:08and that is why he chose to let
  1035. 41:10investigators Welch and West turn up the
  1036. 41:12heat before they surrendered to the
  1037. 41:13layoff they dogged her finally Diane DS
  1038. 41:18called for what she hoped would turn
  1039. 41:20into a peace treaty a meeting with the
  1040. 41:22two detectives to explain her side of
  1041. 41:24the story and pass on further
  1042. 41:25information she had not divulged since
  1043. 41:28the night of the attack on old Mohawk
  1044. 41:30Road at first the detectives bought it
  1045. 41:33hoping this new revelation might produce
  1046. 41:35something startlingly new but sensing
  1047. 41:38they were being conned the session led
  1048. 41:40to what would become known as the
  1049. 41:42hardball interview at the parley Diane
  1050. 41:45explained that she believed the killer
  1051. 41:47was someone she might have known he had
  1052. 41:49called her by name if true this
  1053. 41:52information would have made a great
  1054. 41:53impact on the entire case but to the two
  1055. 41:56men gathered GED in their office with
  1056. 41:58her it was a clear charade an attempt to
  1057. 42:00delay the proceedings she felt moving
  1058. 42:02against her and possibly even throw the
  1059. 42:04investigators off her Trail altogether
  1060. 42:07insulted her listeners turned the table
  1061. 42:09and fell upon Diane verbally with such
  1062. 42:11an interrogation that she was left the
  1063. 42:13deceived instead of the deceiver why was
  1064. 42:16she telling them this now she didn't
  1065. 42:19know how did he know what road she was
  1066. 42:21going to take home from Heathers she
  1067. 42:24didn't know was he a friend from Oregon
  1068. 42:26or Arizona she didn't know what purpose
  1069. 42:30would he have to kill her kids she
  1070. 42:32didn't know did she really rush to the
  1071. 42:34hospital immediately after the kids were
  1072. 42:36shot or did she pause a while she didn't
  1073. 42:39know why didn't she try to stop the
  1074. 42:41gunman when he began blasting away at
  1075. 42:43the kids in the Nissan she didn't know
  1076. 42:46the answer to that either and when they
  1077. 42:48asked her Point Blank if she tried to
  1078. 42:50kill her kids because they ruined her
  1079. 42:52chances with her lover well she had an
  1080. 42:54answer to that she called them names
  1081. 42:56threatened them and told them they were
  1082. 42:58all Fed Up and stormed out whether or
  1083. 43:01not it was a ploy for sympathy just in
  1084. 43:03case she needed some in the event of a
  1085. 43:05jury trial or whether she merely needed
  1086. 43:07to feel that love once again within her
  1087. 43:10she went out and got pregnant once again
  1088. 43:12from one of her favorite studs she made
  1089. 43:15sure to explain the symbolic meaning of
  1090. 43:17her action to a TV reporter I got
  1091. 43:20pregnant because I miss Christie and I
  1092. 43:22miss Dany and I miss Cheryl so much you
  1093. 43:25can't replace children but you can
  1094. 43:27replace the effect that they give you
  1095. 43:29and they give me love they give me
  1096. 43:31satisfaction they give me stability they
  1097. 43:34give me a reason to live and a reason to
  1098. 43:35be happy and a reason to perhaps escape
  1099. 43:38death row hugi sneered watching her
  1100. 43:41performance on the
  1101. 43:42tube Paula krog dooll the counselor put
  1102. 43:45in charge of mentally raising christe
  1103. 43:47from her nightmares was making excellent
  1104. 43:50progress in the meantime the child began
  1105. 43:52to talk to remember to Face Reality
  1106. 43:55while krog doll tiptoed through her
  1107. 43:57treatment avoiding the murder scenario
  1108. 43:59for a long time she got Christy to speak
  1109. 44:02about her family life and her mother
  1110. 44:04Christy admitted that Diane had hit her
  1111. 44:06and her brother and sister a lot and
  1112. 44:08when the day came the therapist asked
  1113. 44:10her to recall what happened the night of
  1114. 44:12what Christy called that terrible thing
  1115. 44:15was there anyone there that night that
  1116. 44:17you didn't know asked krog doll
  1117. 44:18referring to the stranger on the dark
  1118. 44:20Road no the girl answered were Dany and
  1119. 44:23Cheryl crying no why wasn't Cheryl
  1120. 44:27crying dead a pause then softly do you
  1121. 44:31know who was shooting Christy I think
  1122. 44:35but Christie could not muster the words
  1123. 44:37croall didn't push and let it go for now
  1124. 44:41hugi decided to bite the bullet experts
  1125. 44:44told him that he had enough evidence and
  1126. 44:46they believed he had a strong case but
  1127. 44:49he would need to have to recreate that
  1128. 44:51terrible thing in court piece all the
  1129. 44:53puzzle fragments together in such a way
  1130. 44:56so that the panel of jurors saw what he
  1131. 44:58saw and totally believed the grand jury
  1132. 45:01was wrapping up after 9 months of
  1133. 45:03interviews they had spoken to quizzed
  1134. 45:05and deliberated on the words of many
  1135. 45:08including Diane DS and balanced at the
  1136. 45:11end of those nine months the toms of
  1137. 45:13testimony they possessed they handed
  1138. 45:15down an indictment one charge of murder
  1139. 45:18two charges of attempted murder and two
  1140. 45:21charges of criminal assault the state of
  1141. 45:24Oregon was going for the child Killer's
  1142. 45:26throat on February 28th 1984 police
  1143. 45:30cuffed Diane as she was alighting from
  1144. 45:32her car in the parking lot of the post
  1145. 45:34office district attorney Pat Horton
  1146. 45:37along with Lane County Sheriff David
  1147. 45:39Burks hosted a press conference
  1148. 45:41following Diane's arrest Horton told the
  1149. 45:44press the one thing that underscored
  1150. 45:46this investigation is patience the real
  1151. 45:49battle is in the courtroom reporters
  1152. 45:51were there by the droves salivating over
  1153. 45:54the battle indeed to come their news
  1154. 45:56newspapers and their magazines already
  1155. 45:58announced that Diane DS had been taken
  1156. 46:00into custody and that hell the lookalike
  1157. 46:04princess die might very well be a
  1158. 46:06murderous After All Time Magazine was
  1159. 46:08there The Washington Post was there and
  1160. 46:11journalists from City papers as far away
  1161. 46:13as New York City were there most were
  1162. 46:15professional in their reporting while
  1163. 46:17some tabloid like tumbled across both
  1164. 46:20Springfield Oregon and Chandler Arizona
  1165. 46:22finding anyone who knew Diane DS or even
  1166. 46:24talked to her once when the Eugene
  1167. 46:27Register Guard found Diane's father Wes
  1168. 46:29Frederickson the paper noted he was
  1169. 46:31Gallant to the end if my daughter did it
  1170. 46:34then I believe in fact she should pay
  1171. 46:37but nothing can take away the love a
  1172. 46:39father has for his kids in the wake of
  1173. 46:42the impending trial Diane sought as her
  1174. 46:44counselor the brilliant and highly
  1175. 46:46esteemed attorney Melvin belly because
  1176. 46:48of the high profile the Downs case
  1177. 46:50generated belly wanted to take it on but
  1178. 46:53he had personal plans unbreakable and
  1179. 46:56would defend Diane only if the trial
  1180. 46:58could be postponed a couple of months
  1181. 47:00after the already slated May 1984
  1182. 47:02calendar the courts refused to budge
  1183. 47:05hugi had waited long enough and delaying
  1184. 47:07it might mean delaying it again for the
  1185. 47:09pregnant Diane to give birth too much
  1186. 47:11work had been expended too many people's
  1187. 47:14time to delay the inevitable Fred hugi
  1188. 47:17had 24 volumes of evidence statements
  1189. 47:19follow-ups and transcriptions of tapes a
  1190. 47:22mountain of possibilities to be winnowed
  1191. 47:24down shaped and molded for his case he
  1192. 47:26would work 18 to 24hour days and so
  1193. 47:29would the rest of his
  1194. 47:31team Diane was forced to find another
  1195. 47:33lawyer quickly she chose criminal
  1196. 47:36attorney Jim Jagger a man noted for his
  1197. 47:38downhome but effective manner what was
  1198. 47:41to be a six-week trial open May 10th
  1199. 47:431984 in Eugene at the Lane County
  1200. 47:46Courthouse courtroom number three the
  1201. 47:48largest of the rooms of Justice in the
  1202. 47:50old building the jury panel consisted of
  1203. 47:53nine women judge foot the man who had
  1204. 47:56taken and christe and Danny DS from
  1205. 47:58their suspect mother presided young and
  1206. 48:01intense he was noted for his fairness
  1207. 48:04the citizenry of the county turned out
  1208. 48:06for the sensation people across America
  1209. 48:09were still divided over the guilt or
  1210. 48:11innocence of Diane DS was she a martyr
  1211. 48:14or a devil and those no names who shared
  1212. 48:16The Spectator seats with the paparazzi
  1213. 48:19the witnesses and the families felt
  1214. 48:20honored in his opening remarks Fred hugi
  1215. 48:23presented a motive for her fixation on a
  1216. 48:25married man who felt that her kids
  1217. 48:27should not be part of their Fantasy Life
  1218. 48:29and a method the 22 caliber Ruger pistol
  1219. 48:32that she bought in Arizona and denied
  1220. 48:34having owned an Oregon he read passages
  1221. 48:37from her diary screaming her love for a
  1222. 48:39man who didn't want her as she wanted
  1223. 48:41him and to some titilation of the Court
  1224. 48:44he read aloud Diane's masturbation poem
  1225. 48:47he promised to paint over the next weeks
  1226. 48:49a real picture of the cruelty that made
  1227. 48:51Diane DS tick Council for the defense
  1228. 48:54conceded in turn that there had been an
  1229. 48:56Obsession but not so dark as to have led
  1230. 48:59his client to destroy the three people
  1231. 49:01she loved most in the world he pointed
  1232. 49:04to her childhood to her alleged
  1233. 49:06molestation as a child even to her
  1234. 49:08promiscuity that he saw as a relevance
  1235. 49:10to that dysfunctional experience but a
  1236. 49:14murderous no for he intended to show
  1237. 49:16that Diane's story of a man on the
  1238. 49:18Mohawk Road with a gun was not a
  1239. 49:20falsehood courtroom proceedings paused
  1240. 49:23on May 14th so that the jurors could
  1241. 49:25experience for themselves the the
  1242. 49:26physical scene of the crime hugi
  1243. 49:29transported them via a chartered bus to
  1244. 49:31old Mohawk Road parallel to the river
  1245. 49:33through daylight the prosecutor
  1246. 49:35accentuated the state of the road at the
  1247. 49:37time of the shootings relating the ebony
  1248. 49:39of that night the loneliness the Sparks
  1249. 49:42of gunfire that shattered the Gloom and
  1250. 49:44the high emotion before the day ended
  1251. 49:47jurors were then led to the county autop
  1252. 49:49pound to see the red Nissan death car he
  1253. 49:52wanted them to gaze into its interior
  1254. 49:54and to feel the kid's Terror back in
  1255. 49:57court during the week the first of the
  1256. 49:59state's Witnesses were brought forth
  1257. 50:01they comprised mostly Personnel from
  1258. 50:03McKenzie willamet hospital where Cheryl
  1259. 50:05DS died and where doctors struggled to
  1260. 50:08save the other two Downs children nurse
  1261. 50:11Rose Martin recalled mother Diane's
  1262. 50:13peculiar attitude toward what had just
  1263. 50:15happened she asked how the children were
  1264. 50:17and I told her the doctors were in there
  1265. 50:19working on them Martin remembered and
  1266. 50:22then she the mother laughed and she said
  1267. 50:24only the best for my kids and she
  1268. 50:27laughed again and said well I have good
  1269. 50:30insurance Dr John Mackey who was in
  1270. 50:33charge of the ER the evening of the
  1271. 50:34murder described the children's chest
  1272. 50:37wounds and the medical team's first
  1273. 50:39spontaneous efforts of life-saving he
  1274. 50:42then recollected his observation of
  1275. 50:44Diane she was extremely composed she was
  1276. 50:47unbelievably composed I couldn't believe
  1277. 50:50she was a family member there were no
  1278. 50:52tears no disbelief no why did this
  1279. 50:55happen to me
  1280. 50:57x-ray technician carlen Elbridge could
  1281. 50:59not get over the fact that Diane a
  1282. 51:01mother of three severely wounded
  1283. 51:03youngsters and then complained about
  1284. 51:05having to be seen in public without
  1285. 51:07makeup throughout the trial Witnesses
  1286. 51:09came and went each making an impact some
  1287. 51:12more than others but the high point the
  1288. 51:15Turning Point the riveting Point came
  1289. 51:17when Christy DS was brought to the stand
  1290. 51:20quivering tear stre she was ushered to
  1291. 51:23the stand by Fred hugi it was clear that
  1292. 51:26he detested the moment to bring a child
  1293. 51:28face on against her mother but the
  1294. 51:30moment was needed if American Justice
  1295. 51:32was to be played out hugi pale jaw tight
  1296. 51:36but with a fatherly voice led the
  1297. 51:38examination of little Christy DS from
  1298. 51:41time to time he handed her cleanex while
  1299. 51:43she paused to wipe her cheeks he waited
  1300. 51:45until she regained herself whenever she
  1301. 51:47broke down usually after her eyes and
  1302. 51:50her mothers momentarily met he didn't
  1303. 51:52rush her and he remained gentle when she
  1304. 51:55spoke and her voice might be muffled
  1305. 51:57under her sobs he clarified the question
  1306. 51:59so that the jurors would completely
  1307. 52:01understand the tinon Abul of that tiny
  1308. 52:04voice he loved This Little Child it was
  1309. 52:07obvious in the way he looked at her and
  1310. 52:09spoke to her the courtroom inhaled and
  1311. 52:11didn't seem to Exhale until it was over
  1312. 52:14and then especially then breath came
  1313. 52:16short hugi began by explaining to the
  1314. 52:19girl the importance of telling the truth
  1315. 52:21on the stand she understood giving her
  1316. 52:24time to relax and her voice voice to
  1317. 52:26become sufficiently audible to the
  1318. 52:28courtroom he then asked her several
  1319. 52:30routine questions about her family her
  1320. 52:32schooling and herself feeling that she
  1321. 52:35was ready for the heavy stuff he
  1322. 52:37maneuvered into the day of the crime her
  1323. 52:39visit with her family to Heather pl's
  1324. 52:41home on Sunderman Road in order to give
  1325. 52:43Mrs plard the clipping from the
  1326. 52:45newspaper about horse rentals Christy
  1327. 52:47was visibly shaken hugi patted her
  1328. 52:50shoulder and gave her a reassuring smile
  1329. 52:52he gave her a moment to recover before
  1330. 52:54proceeding reassuring that she was okay
  1331. 52:57he resumed his line of questioning about
  1332. 52:59what Diane did with her
  1333. 53:01children she leaned over to the back
  1334. 53:03seat and shot Dany Christie said what
  1335. 53:07happened then hugi prompted her what
  1336. 53:10happened after Dany got shot the child
  1337. 53:13caved in under her tears and hugi hugged
  1338. 53:15her knowing this must come and wanting
  1339. 53:17to get it over with he gave her time to
  1340. 53:19find her voice once again then quietly
  1341. 53:23sympathetically he went on he gingerly
  1342. 53:26re phrased his question for by this time
  1343. 53:28the court had already gathered what
  1344. 53:30Diane DS did after she shot Dany do you
  1345. 53:33remember when you got shot huji asked
  1346. 53:35her yeah she answered who shot you my
  1347. 53:39mom she simply
  1348. 53:41said after that pathetic moment the tone
  1349. 53:44for the rest of the trial was set
  1350. 53:46everything else all other words were
  1351. 53:49anticlimactic Diane DS was as guilty as
  1352. 53:52Sin outside the walls of the courtroom
  1353. 53:55too Americans who had had refused to
  1354. 53:57believe that a mother could consciously
  1355. 53:58pull a trigger on three harmless
  1356. 54:00children surrendered she had been
  1357. 54:03vilified justly and the cross that they
  1358. 54:06thought was being nailed together to
  1359. 54:08crucify a martyr became suddenly an
  1360. 54:10instrument of deserved Justice on June
  1361. 54:1414th 1984 judge foot read aloud the
  1362. 54:17jury's unanimous verdict guilty of
  1363. 54:19attempted murder in the first degree
  1364. 54:21guilty of a second account of attempted
  1365. 54:23murder in the first degree guilty of
  1366. 54:25first degree of assault guilty of
  1367. 54:27another count of first-degree assault
  1368. 54:30guilty of murder Oregon at the time did
  1369. 54:32not impose the death sentence but in the
  1370. 54:35subsequent sentencing the judge sought
  1371. 54:37to deprive Diane DS of the daylight of
  1372. 54:39Liberty forever more after decreeing a
  1373. 54:42life term plus an additional 50 years
  1374. 54:44for using a firearm he expressed the
  1375. 54:47court hopes the defendant will never
  1376. 54:49again be free I've come as close to that
  1377. 54:51as possible between the verdict and the
  1378. 54:53sentencing the court recessed while
  1379. 54:55Diane gave birth to a beautiful child
  1380. 54:57whom she named Amy the father of the
  1381. 55:00baby denied her and in time a caring
  1382. 55:02family adopted Amy in 1987 Diane briefly
  1383. 55:06escaped from the Oregon women's
  1384. 55:07correctional center where she had been
  1385. 55:10incarcerated after her recapture she was
  1386. 55:12transported to the high maximum Clinton
  1387. 55:14Correctional Institution in New Jersey
  1388. 55:17today she sits in the Valley prison for
  1389. 55:19women in Chowchilla California Diane's
  1390. 55:22former lover and his wife remained
  1391. 55:24happily married Steve DS was still still
  1392. 55:26living in Oregon the children Christy
  1393. 55:28and Dany survived the ordeal Dany was
  1394. 55:31confined to a wheelchair but was a happy
  1395. 55:33boy Christy has grown into a very
  1396. 55:35content teenager both consider the
  1397. 55:38ending of their story to be happy ever
  1398. 55:39after in 1986 they moved into the home
  1399. 55:43of their new loving adoptive parents
  1400. 55:45Fred and Joanne
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