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Diane Downs' case

Summary in it's best: Institutional Blackmailing

 

 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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April 30, 2009

To: Ann Aiken, Chief Judge, United States District Court of Oregon
cc: Pete Kerns, Chief, Eugene Police Department

From: Deborah Frisch, Ph.D.

Re: Diane Downs and Alex Gardner

As you know, there is overwhelming evidence that Diane Downs did not commit the crimes of which she was convicted on June 17, 1984 in the courtroom managed by Lane County Circuit Court Judge Gregory Foote and for which she has been incarcerated for a quarter of a century. In the file of United States District Court Case 96-cv-00900-HA, there are sworn affidavits from the half dozen people who allege that James Claire Haynes (a member of the Free Souls motorcycle gang) confessed to committing the crimes. I assume similar exonerating evidence exists in USDC Case 04-cv-06215-MA.

For example, Clayton and Cecilia Nysten spoke with Mr. Haynes on May 21, 1983 when a sketch of the “shaggy-haired man” that Diane alleged had shot her and her three children on May 19, 1983 appeared on the front page of the Eugene Register Guard. The three of them chatted about the striking similarity between Mr. Haynes and the artist’s sketch. A little while later, less than 100 hours after the shooting, Mr. Haynes confessed to Mr. and Mrs. Nysten.

I have been told (but do not have material evidence to prove) that:

  a. in 1983, USDC Magistrate Judge Thomas Coffin (who at the time, was a USDOJ(?) investigator) was investigating the LCDA and LCSO because cocaine kept going missing from the evidence room.

  b. former LCDA J. Pat Horton and former Lane County Sheriff Dave Burks were heavily involved in the heavy Lane County drug trade. One person I met on Sheriff’s Work Crew (LCCC 2108-26446) told me that back in the day, $25K/week would be dropped off at Sheriff’s Work Crew sites.

  c. former LCDA Horton liked (likes?) to statutorily rape 13 year old girls, sometimes in his office.

I believe that former LCDA J. Patrick Horton:

  a. was afraid that Diane Downs knew something that, if told to Mr. Coffin, would be extremely damaging to Mr. Horton and

  b. paid James Claire Haynes $25K (a week’s salary as Lane County’s top drug dealer) to shoot Ms. Downs and her three young children.

I understand that you have grown numb to the infuriating injustice and ongoing physical abuse of Diane and mental abuse of Christie and Dan and collateral damage to Wesley and Willadene Frederickson and others perpetrated by former LCDA Horton, former Deputy LCDA Fred Hugi, Lane County Circuit Court Judge Foote and defense attorney Jim Jagger (with the assistance of former LCSO Deputy Kurt Wuest, Springfield Police Chief Jerry Smith, LCDA investigator Paul Alton and others) and condoned by the legal community in Lane County (e.g., Harcleroad, Graebner, Gardner, Bearden, Rasmussen, Holland).

I am not numb to the fact that every day, Diane Downs wakes up in prison, just like she has for the last 9000 days, unjustly incarcerated by the state of Oregon on behalf of the Lane County Circuit Court for crimes committed by the Lane County District Attorney.

On November 14, 2008 former LCDA Doug Harcleroad wrote a letter to Nancy Sellers, Executive Director of the Oregon Board of Parole and Post-Prison Supervision expressing Lane County’s desire that Ms. Downs be denied parole. In it, he wrote “We have been contacted by Fred Hugi who has requested that this opposition also be filed on behalf of his family.” Diane’s surviving children (Christie and Dan) are now reduced to Prosecutor Hugi’s family, not even worth naming.

I believe that Mr. Harcleroad lied to Ms. Sellers on November 14, 2008 when he alleged that Christie Downs Hugi Whitney and Dan Downs Hugi want their mother to remain incarcerated for crimes financed by Mr. Harcleroad’s felonious predecessor and committed by Mr. Haynes. If LCDA Alex Gardner wrote a letter to Ms. Sellers correcting some of the lies in Mr. Harcleroad’s letter and stating that in contrast to Mr. Harcleroad, he believes the public interest would be served by releasing Ms. Downs, the dozens of lawyers at the county, state (Kulongoski, Larsen, Myers, Yim You) and Federal (Coffin, Marsh, Haggerty, Kozinski, Kleinfeld, Schwarzer) levels who have knowingly allowed this horrendous injustice to go on for a quarter of a century could begin to make amends to their constituents and atone to their collectively hallucinated “maker.”

I encourage you to encourage LCDA Alex Gardner to take action to terminate this horrendous, ongoing injustice.

Sincerely,

Deborah Frisch, Ph.D.

^^^
Institutional Blackmailing

JOHN A. KITZHABER, MD        

GOVERNOR

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.

Sincerely.

F. A. Lushenko

Clemency Coordinator

FA FAL/me

Enclosure

254 STATE CAPITOL. SALEM 97301-4047 (5o3) 378-311 FAX (503) 378-4863

WWW.OREGON.GOV

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."



v v v

Diane Downs: Child Killer or Victim of Injustice?

Tim King Aug-17-2012

http://www.salem-news.com/articles/august172012/diane-downs-1-tk.php

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
When Perception Trumps Science: A Consideration of Flawed Forensics Used to Convict Diane Downs -- For their November 14, 2013 broadcast, your “Crimes of the Century” co-hosts will consider the high profile murder case against Oregon mother Diane Downs. Multiple accounts of what happened in May 1983 suggest an ironclad case was made against Diane when she was convicted in 1984 of killing her youngest daughter and attempting to murder her two other children. But Diane and her family insist that the accounts are at best theories reinforced in part by false evidence as well as Diane’s calm demeanor and seeming lack of grief due to mental and emotional disorders.
COC co-host Dr. Andrew D. Jackson will track us through the questionable forensics in Diane’s case, aided by Diane’s brother, Mr. James Frederickson.
https://www.facebook.com/CrimesOfTheCentury?ref=stream&hc_location=stream

BIG SACRIFICES: A Consideration of Flawed Forensics Used to Convict Diane Downs (AUDIO) on:

http://www.salem-news.com/articles/november182013/diane-downs-cc.php

^^^

 
 


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.

http://www.internationalcure.org/newsletters/11-Winter08.pdf

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

http://www.midnightmeditations.com/ 

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

http://www.dianedowns.com/

and

http://inprisonedwomen.wordpress.com/2013/02/23/diane-downs-father-wrote-a-letter-the-quintessence-of-these-lines-is-please-let-my-daughter-free-after-30-years-in-prison/


Franz Kurz

As far as rights are touched about one or another of the used pictures be kind and let me know.
Any well founded contribution is welcome for fair justice and healthy social environment in the future.

You might also be interested in: http://www.writeaprisoner.com/helpout.htm  or http://www.prisonerlife.com/index.cfm 

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