Diane Downs' case
CIRCUIT COURT of Ore's Lane County the very promoted trial judge Gregory Foote presided
May, 2005 Judge Foote turned down Motion For A New Trial
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JOHN A. KITZHABER, MD
October 5. 2011
Dear Mr. Frederickson:
September 6, 2011. the Governor's office received your letter and supporting documents dated August 24, 2011 regarding your daughter Elizabeth Diane Downs. In that letter you requested that the Governor consider your plea that her conviction was a miscarriage of justice.
Your daughter has the right to request executive clemency from the Governor. Enclosed is an executive clemency packet. While you may prepare the application and provide the information. the Oregon statute requires your daughter personally sign the application and the clemency affidavit. In addition the clemency affidavit must be signed in front of a notary and copies of the application must be sent to the appropriate parties listed in the affidavit.
F. A. Lushenko
254 STATE CAPITOL. SALEM 97301-4047 (5o3) 378-311 FAX (503) 378-4863
Diane Down's case enjoys finally Institutional Blackmailing: Confess to the crime and we, the OR Governor, release act of grace. Inmate's fair response: "I did not shoot my children and I won't say I did just to get out of prison. I will stay here in prison and rot rather than say I shot my children." As early as 2007, there was an unsuccessful attempt at blackmail by Judge Malcolm F. Marsh, who stated: “Notably, Downs has not accepted responsibility for her crimes of conviction, and maintains to this day that the state authorities framed her.”. . .
'09 I wrote to OR Governor: "The demand for an admission of guilt is illegal, be it before or after conviction! Otherwise we would be finding ourselves transported back to the time of the Spanish Inquisition and torture."
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Diane Downs: Child Killer or Victim of Injustice?
Tim King Aug-17-2012
Incarcerated for nearly 30 years, Downs maintains her innocence and a look at the case explains why.
(SALEM) - Here's the first question: what kind of person would set out to Murder their own children, deny the crime, and then choose to spend the rest of their natural life in prison rather than simply admitting they did it and being released?
The second question is, what has happened in Oregon's courts to make facts become less than what they are? Jurisprudence is at the root of justice and the United States is a nation that treasures this concept, but I seriously question whether it is alive and well in this northwest state.
Let's get this out of the way; I am a journalist who has explored several convictions in the state of Oregon that I believe are false. One is Frank Gable; the man convicted in the Murder of former Oregon Corrections Chief Michael Francke, and another is a young African-American man from Eugene, Oregon, Darryl Sky Walker, who was convicted for killing a fellow university student; a Portland judge's son, even though another suspect bragged over throwing the fatal blow. Another is the man serving 19 years for Sex Abuse in a case that DNA proves impossible, his name is Terrence Kimble. Another is the former prison guard, William Coleman, who faced 40 years on false charges at one point, but was found not guilty of Oregon's charges by a unanimous jury verdict. His real 'crime' was blowing the whistle on racist hate crimes while employed at the state prison.
The list goes on.
This is a brand new video from Salem-News.com that features Tim King interviewing James Fredrickson, Diane Downs' brother, and Eric Mason, award-winning reporter-turned-private investigator.
Crimes of the Century on Black Talk Radio
BIG SACRIFICES: A Consideration of Flawed Forensics Used to Convict Diane Downs (AUDIO) on:
Justice á la WE
ORS 161.725 (1) .., the MAXIMUM TERM of an indeterminate SENTENCE of imprisonment for a dangerous offender is 30 years .,. This statutory mandate survived all subsequent amendments made in 1971, 1989, 1993, 2005, and 2007. Oregon legislators intended that the MAXIMUM SENTENCE for dangerous offenders, sentenced under ORS 161.725, be no longer than 30 years. ORS 144.228 (1)(b)(D) In no event shall a prisoner be held beyond the MAXIMUM SENTENCE less good time credits imposed by the court.--------------------- Article I, section 15, of the Oregon Constitution tasks the Department of Corrections with rehabilitating prisoners. Apparently Oregon legislators figured the Department of Corrections would be a failed entity if it couldn't rehabilitate its dangerous offenders within 30 years. Whatever the thought behind the legislation of ORS 161.725 (1), the fact remains, the law forbids the board to hold dangerous offenders more than 30 years and Diane Downs has been in prison more than 35 years. Lifers walk parole 3 years (5 years if they're having problems on parole). Parole is a form of custody. Diane Downs walked parole, in the custody of the California Department of Corrections, for 5 years without incident. Therefore immediate release from prison decision is past due.
STATEMENT OF THE CASE*)
QUESTIONS ON APPEAL
QUESTION #1 - Petitioner was sentenced as a "dangerous offender" 37 years ago. If ORS 181.726 says a 'dangerous offender' shall not be imprisoned more than 30 years, is Petitioner being Illegally restrained?
QUESTION #2 - Petitioner was sentenced pursuant to ORS 191.725 In 1883. If the 1983 'dangerous offender' clause in ORS 161.725 was later repealed, does Petitioners Sentence Order still have authority to detain her?
QUESTION #3 - Petitioner was sentenced pursuant to ORS 191.725 In 1883. If the 1983 'dangerous offender' clause in ORS 161.725 was later repealed, does Petitioners Sentence Order still have authority to detain her?
QUESTION #4 - Dr. Michelle Guyton found Petitioner is not suffering from severe personality disorder. May Respondent continue to deny Petitioner parole under ORS 144.228?
QUESTION #5 - Parole Board Member Aaron Felton manufactured false evidence and entered it into Petitioners parole file In 2010. Respondent gave the damaging evidence to the psychologist they hired to evaluate Petitioner. Was Petitioner denied her constitutional right to a fair hearing when Respondent adversely Influenced the report they relied on to deny Petitioner parole?
QUESTION #6 - Someone has been stalking Petitioner and her family since (at least) 1984. In 2020, Petitioner received proof of the stalkers Identity and sent it to the FBI. Did Respondent deny Petitioner's Constitutional right to due process when they denied her parole on the basis she asked the FBI to protect her family?
QUESTION #7 - ORS 144.228 does not require a prisoner to confess to any crime in exchange for parole. May Respondent deny Petitioner parole because she refused to confess to crimes she didn't commit?
QUESTION #8 - Respondent Introduced elements of the original crime during the parole hearing and asked Petitioner to defend against the claims. Did Respondent violate Petitioner's constitutional right to due process when they deprived her of the opportunity to gather and present evidence of "actual Innocence" at her ?retrial'?
*) COPY FROM WRIT
An uncultivated savage is never a nice inquirer into
the refinements of law, by which an injury may
gradually and legally inflicted. Washington Irving
Following my retirement I went from occasional work to full-time (in honorary capacity)
with a registered society for the support of offenders.
This is within the Association for Probation and Offenders’ Assistance of my country.
My RESUME was first published by the www.patrickcrusade.org website years ago.
So time has come now to renew and update continously.
I also added various pictures of the evil one, not necessarily name it an 'axis'.
J.W.Goethe’s Faust taught of the many faces and shapes Mephisto, the great deceptor,
takes to fool us. He who loves to enter ourselves (Mark 7,21).
First details were given by Thomas A. Billings, PhD in his Meditations
Septimus Bainbridge Jobes, Diane's father and Deborah Frisch PhD shared many,
many hours since in this incredible case unworthy of civilized democracies.
You are invited to continue, reading accounts under
far as rights are touched about one or another of the used
pictures be kind and let me know.
You might also be interested in: http://www.writeaprisoner.com/helpout.htm or http://www.prisonerlife.com/index.cfm
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