TRIO NOIR

State’s Accuser
State’s Judge
Defender

Banner10.jpg

 

 
   

Although the arrest of Diane Downs had to wait for Gregory Foote’s promotion and transfer from Juvenile Court to the senior Criminal Court he refused to postpone the beginning so that Melvin Belli could take over as Defense. The father of the accused pregnant mother had some misgivings about the existing attorney James Jagger, (who was himself incidentally, married to a Lane County Circuit Court Judge). So the highly biased presiding Judge Foote kept together ‘The Trio Noir’.

1: Working under Lane County, D. A. Pat Horton (see page 7), Fred Hugi, desperately wanted victory in his first criminal trial. He not only got victory however, he also got the children of the woman he sent to prison by later adopting his only witness, Christie Downs (8 y/a at the shooting!) along with her brother, Daniel.

2: Judge Foote also had a ‘double input’ into the case of Diane Downs. He not only resided at the Juvenile court in which Diane lost custody of her children. He went on to resided at the senior court that found her guilty!

3: By strange coincidence, the trio noir’s last figure: James Jagger was married to Lauren Holland, herself an attorney and who dealt in ‘Family Advocacy Law’. Two years after trial Lauren Holland was appointed to the Circuit Court.

The Oregon Bar reports the following about Oregon Defense Attorney James Jagger: His Bar #70070; active member since 1970. There are 45 complaints in his file: 3 letters of admonition, 3 reprimands, 39 dismissals.

Oregon’s Lane Circuit Court’s ally - ignoring what any legal practitioners could reasonably regard as impartiality - to say nothing of what Codes of Ethics or Standards of Professional Responsibility for Attorneys as well Code of Judicial Conduct might require - was confirmed:

“In September 1991...Marion County Circuit Judge Duane R. Ertsgaard denied request for a new trial...saying she was adequately represented by lawyers in her trial and appeal” (published by Ore State Sheriffs’ Assn.)

February 9, 1999, The Oregonian: “US District Judge Ancer Haggerty dismissed several of the nine claims Downs raised for procedural reasons, including an argument that Downs was improperly denied the services of attorney Melvin Belli at the original trial...But that and other issues not raised in years of state appeals cold not be considered at the federal level unless Downs show a good reason for rising the question...”

Matthew 7 (18): A healthy tree cannot bear bad fruit, and a poor tree cannot bear good fruit. (19) And any tree that does not bear good fruit is cut down and trown in the fire. (20) So then, you will know the fals prophets by what they do.

Maximum parole date was January 9, 2002. Still, it will be a long battle (at least two more appeals) before that issue is resolved.

 

 

 

 

March 2005:                                                                                                                                                          

 Oregon Whore's Birth Pangs:

Oregon Courts have determined the law under which Diane was sentenced is illegal (in State vs. Warren).

The State of Oregon asked the Higher Court to reconsider that decision 2 1/2 months ago (Jan 05).

There should be no question that Higher Courts will agree with the lower court because the Highest Court already ordered the Oregon Supreme Court to reverse the illegal sentencing in State vs. Dilts. They did as they were ordered. It's not likely they want to hand down a decision that the U.S. Supreme Court will again order them to reverse. So all of Oregon knows the Supreme Court will affirm the Oregon Court of Appeals Warren decision.

Incredibly, the Oregon Supreme Court has decided to delay their opinion in Warren until the Oregon Court of Appeals hands down their opinion in State vs. Heilman. After Heilman is decided in exactly the same way as was Warren, the Oregon Supreme Court can affirm both of them.

 

 
  June 2005:                                                                                                                                                             

Another example of Ore Lane County District Court’s judge Gregory Foote (and his partners) known to us readers from the astonnishing "Strawberry Festival" he held and dished right after order (see page 4).

Taken from Diane Downs writ :

ASSIGNMENT OF ERROR NO. 1

The Trial Court erred when it relied on the State’s Response to deny Defendant a new trial, when the State filed no response.

STANDARD ON REVIEW

Review is for errors of Law. Bedell v. Schiedler, 307 Or. 562 (1989).

PRESERVATION OF ERROR

Defendant made a Motion For New Trial. Oregon Rules of Civil Procedure (ORCP) 64 F says the opposing party shall have 10 days to file counter-declarations. In this case, Trial Court handed down its decision within 8 days, before the State could make a counter-declaration. Then Trial Court based its decision to deny a new trial on the State’s non-existent response. This was a legal error. This preserved the issue for review.

ARGUMENT

Defendant filed a Motion For New Trial on April 28, 2005. Whether or not she had a right to a new trial could only be determined by an examination of the facts. For one week, the only facts lying on the Judge’s Bench were contained in Defendant’s compelling Motion. In the absence of opposing argument, Trial Court would have to comply with State and Constitutional Law and order a new trial.

Defendant relied on City of Portland v. Carriage Inn, 296 Or. 191,673 P2d 531 (1983) to prove the 1984 Sentence ORDER was not a final JUDGMENT by the meaning of Oregon Law. She supported her claim with State v. Bonner, 307 Or. 598 (1989) to show the Oregon Courts do not recognize a Sentence Order to be a final Judgment if it contains the provision to conduct a restitution hearing at some future date.

Defendant then proved her right to a new trial with State v. Lloyd, 109 Or. App. 213, 818 P2d 982 (1991) which requires a new trial when a Bonner claim is discovered after the exhaustion of direct appeal.

This is not to say the State filed no Response at all. In fact a Response was mailed to Defendant three days AFTER the Court’s Decision was filed. The State can fool the eyes by back-dating their Response to support the Trial Court’s premature decision, but REASON defies the picture drawn by Lane County officials.

The State dated their Response for May 6, 2005, indicating it was prepared on the 6th.

The Trial Court’s Decision was filed by the Clerk at 11:30 AM on May 6, 2005. Given the fact Oregon Trial Judges are on the Bench from 9 AM to Noon, the Court would have had to sign the order before the day began, or during the 15-minute recess at 10 AM, in order for the decision to be filed by 11:30.

Logic suggests the Trial Court’s Decision was filed before the State’s Response was prepared, later that day. No doubt the State will argue that the date on its document is not telling of when it was filed. That’s true. So Defendant turns to the postage meter, stamped by the same Clerk who filed the State’s Response (APPENDIX 3). Attorneys can play fast and loose with their interpretation of events, but United States Postal meters don’t lie. The State’s Response was submitted three days AFTER the Trial Court’s Order to Deny New Trial was filed.

Furthermore, the Response did not address the fact that the Sentence Order is not a final Judgment (a claim that has never been tried by any other Appellate Court).

Unopposed, Defendant’s Motion should have been granted. It most certainly should not have been denied on the strength of the State’s response. Trial Court violated Defendant’s Fourteenth Amendment Right to Due Process.

 

 
 

JULY 2007                                                                                                                                                                 

In: Appeal from the United States District Court for the District of Oregon, Malcolm F. Marsh, District Judge, Presiding, Argued and Submitted July 10, 2007, Portland, Oregon

Page 4: ”Notably, Downs has not accepted responsibility for her crimes of conviction, and maintains to this day that the state authorities framed her.”

*framed: to contrive the evidence against (an innocent person) so that a verdict of guilty is assured

May I ask the Honorable Judge Marshall, that were you innocent of such a crime, would  you plead guilty? I should hope not. Diane Downs is fully aware that if she accepted responsibility for the crime, the Board of Parole may well look upon her situation in a more positive light. With that in mind, does it not give you 'some' indication at least, that this woman will not submit to what is, in reality, institutional blackmail even though it may be of some benefit to her. Her denial of the crime establishes an integrity and determination  not to be bullied into accepting a lie that has reigned for over twenty years.

“What kind of a legal system is this where we're going to design our rules to encourage guilty people to plead - or innocent people to plead guilty? It's crazy.” Justice Scalia

OCTOBER 2011                                                                                                                                                                                                

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

 
  *************

 

 

Prosecutor: Wrongful Conviction Is 'Nightmare' Aug. 29, 2007 http://www.wral.com/news/local/story/1757915/)

(Don't make the innocent beg for justice, January 28, 2008 http://www.newsjournalonline.com/NewsJournalOnline/Opinion/Editorials/opnOPN75012808.htm

THE OAKLAND TRIBUNE

Death penalty study's findings aren't complete

IN the Santa Clara Law Review, anti-death penalty supporters believe they have been dealt some sort of trump card that will save death row inmates from the ultimate punishment in California. ....A new study has reviewed all California homicides committed from 1990 through the end of 1999.

It claims that bias is running rampant when it comes to sentencing someone to death for murder.

 

Guilty till proven innocent: Head Sacramento County public defender says the justice system is broken. Get used to it. By R.V. Scheide 2008-05-18 http://www.newsreview.com/sacramento/Content?oid=664569

 

There is a decent collection of information on Punishment & Profit at * if you would like to commence or continue further study on the subject of prison for profit. And judges/justice officers' welcome contribution. http://www.patrickcrusade.org/prison_control.htm#profit

Growing Concern Among Jurors in Death Penalty Cases  Posted: December 16, 2005
A recent Newsweek article notes that a growing number of jurors in capital murder cases are voicing their concerns about the accuracy and fairness of the justice system. Some of these jurors have petitioned the legal authorities to correct injustices regarding possibly innocent or incorrectly sentenced inmates.

FOR IMMEDIATE RELEASE  Tuesday, Dec 27, 2005  www.petitiononline.com/sakodam/petition.html

Sleeping judge sentences man to 23-46 years in NH state prison

In June of 2005 Donald Spinner was in Rockingham County Superior court before Judge Patricia Coffey. During the trial Coffey kept falling asleep.

This was observed by the entire court. During a break in the trial Mr. Spinner told his defense attorney Richard Samperil that the judge sleeping was not good. Mr. Samperil said and I quote "oh she does that all the time".

After the trial Mr Samperil conducted a jury poll. In that jury poll two of the juror's state that they saw Coffey fall asleep during the trial. One juror says "We got a kick out of Coffey nodding off during the trial"

I think the public has a right to know that Judge Coffey slept through a mans trial and then sentenced him to 23-46 years with No evidence, No witnesses and No priors.

 Coffey’s husband, John J. Coffey, was disbarred by the state Supreme Court on Aug. 12 for overcharging an elderly client with dementia by around $40,000 and getting her to sell him her oceanfront cottage in Rye in lieu of payment.)

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

http://www.crisisinthecounty.com/

The citizens of Jefferson County, Alabama are in real danger.  Life, Liberty and Property are being stripped away from innocent citizens by the corruption that has permeated the County Commission and County Courts and Justice Systems.

. . .

 2.    FACT:       Jefferson County Presiding Judge J. Scott Vowell has covered up unethical and illegal actions of judges and lawyers.

. . .

 4. FACT: A band of rogue attorneys are perpetrating extortion and running criminal scams on innocent parties in Judge Ralph A. “Sonny” Ferguson’s Court (domestic relations division).

 5.      FACT:       Fit parents are losing custody of their children, children are being placed in unfit and dangerous situations, citizens are being forced from their homes, threatened with unlawful incarceration and pushed into bankruptcy by exorbitant and unnecessary legal fees.

 

>>>>>>>>>>  2008: never mind, continue>>