Diane Downs' case D
Trial’s Diddle Hit last verse sung by out-lawyered mother July 2002:
Ten years after I went to prison, a woman wrote to tell me the man who murdered my daughter was her son-in-law: Jim Haynes (a Free Soul Affiliate - the Free Souls are motorcycle gang of criminals who were in league with the Lane County Oregon District Attorney Pat Horton - the Federal Prosecutor was trying to put them in prison).
Fife years after learning this from Haynes’ mother-in-law, my federal attorney secured 4700 documents from us by Pat Horton’s office.
One of those reports proves that two days after my children and I were attacked, Lane County officials knew the man who shot us was Free Soul Affiliate. And we got those reports 15 years later.
Pat Horton ('Pat Horton an the Cocain Cops', Oregon Magazine Nov 1983) quit District Attorney’s office year later after I went to prison, and now he openly represents the Free Souls in Court. The Federal Prosecutor appointed to take down Pat Horton is now Federal Judge Thomas Coffin. He says he washed his hands of the whole business.
v v v
5. Januar 2009
Deborah Frisch Ph.D.
1*: Diane Downs did not shoot her children and
herself on May 19, 1983. James Claire Haynes shot Diane,
Cheryl, Christie and Dan Downs.
(p. 2) In
around 1983, Haynes and I were at a drug house for Haynes to
pick up some dope. While Haynes and I were waiting for the
deal to happen, a blond woman came into the house with another
woman, and walked straight to a back room where the deals were
taking place. The blond woman seemed brash and full of
herself. Haynes and I waited and then heard a loud
argument between the drug dealer and the woman. The woman
was being told in very strong words that she should not have
gone waltzing into that room. I later realized, after I
heard about the Downs case on television and in the paper that
the blond woman I had seen was Diane Downs.
Affidavit of Cecilia Nysten (March 4, 1998)
(p. 1) I am a
former girlfriend of Clayton Nysten…
(p. 1) I am the mother of Phyllis Elaine
Haynes, who is married to James Clair Haynes.
Affadavit of Clayton Nysten (June 5, 1996)
Defending the Brady rule - Reforms are needed to make sure prosecutors share all evidence that could be helpful to defendants. November 21, 2011 http://www.latimes.com/news/opinion/la-ed-exculpate-20111121,0,2813423.story
The Supreme Court recently heard a case in which prosecutors withheld from the defense information that might have acquitted a murder defendant. The court can rectify this one injustice by ruling for the defendant, but broader reforms are necessary to prevent prosecutors nationwide from concealing evidence.
Delma Banks Prevails Before Supreme Court
Justices Rule Prosecutors Undermined Fair Trial by Withholding Evidence
Feb. 24, 2004 - The U.S. Supreme Court has declared that Delma Banks Jr. was denied a right to a fair trial when prosecutors withheld exculpatory evidence from the defense. The ruling raises further questions about Texas' death row system and means Banks, who has been on Texas death row for more than two decades, finally could receive a full and fair hearing. ..............
"Supreme Court Justice Henry Blackmun once wrote that the execution of a person who can show he is innocent comes perilously close to simple murder," Roberts said. "Delma has never had the opportunity to demonstrate that he was innocent, not for a lack of facts but rather for a lack of forum. Simply put, though there have been years of appeals and many courts that shuffled the paperwork, no one has ever granted this man the review that he deserves. Finally, after all these years, Delma must receive his day in an unbiased courtroom."
6th Circuit: WITHHOLDING EVIDENCE FROM DEFENSE IS ILLEGAL Organized Crime Digest, Oct 7, 2005 http://findarticles.com/p/articles/mi_qa4441/is_200510/ai_n16064086
The prosecutor's withholding of information from the defense violates Rule 32 of Criminal Procedure, the 6th Circuit Appeals Court held.
In this case, the information consisted of about 30 letters written by victims of a fraudulent investment scheme to bilk many people and small businesses employed by defender Michael Meeker.
"This is prosecutorial misconduct in its highest form; conduct in flagrant disregard of the United States Constitution; and conduct which should be deterred by the strongest sanction available," wrote Judge Kim Wardlaw.
9th Circuit Blasts U.S. Prosecutor for Withholding Documents: 05-12-2008 ......for withholding 650 pages of evidence... .http://www.law.com/jsp/article.jsp?id=1202421288568
Published on 01 November 2005 | Source:
<<Why the fast growing, and much-in-demand plant remains illegal is the key which could unlock the door to possible peace. Those who profit greatly from marijuana love its illegal status. These folks are often members of well-organized groups: growers and dealers, who enjoy huge financial gains while avoiding taxation and government control; lawyers, who profit from criminal activities; and the government and courts, who confiscate land, belongings and assets, and enjoy court-costs and fines.... The destructive nature of marijuana is one some authorities define as mentally and physically addictive, and permanently damaging. Proponents for marijuana legalization will argue it isn't, and it's been proven, cannabis in pure form, without being "laced" with other illegal compounds, actually has health benefits.>>
Florida should follow the leads of North Carolina and Connecticut by creating a special commission that screens and investigates all claims of innocence. The idea is not only to reduce the possibility of wrongful conviction, but also to increase the likelihood of convicting the truly guilty.
>ONLY Florida? Read: http://www.tallahassee.com/apps/pbcs.dll/article?AID=/20051211/OPINION01/512110310/1006/OPINION
The Texas Court of Criminal Appeals upheld a lower court's October ruling that the lead prosecutor withheld evidence ... attorneys argued that the lead prosecutor withheld more than a dozen pieces of evidence, including inconsistent statements by witnesses. - Dec. 17, 2008 - http://www.miamiherald.com/news/nation/AP/story/817256.html
Dec 22, 2008: Last week, the Texas Court of Criminal Appeals overturned Toney's capital murder conviction because Tarrant County prosecutors withheld evidence favorable to his defense. Among the 14 documents were records that cast doubt on the testimony of two key witnesses against him. http://www.star-telegram.com/news/v-print/story/1106350.html
...as several justices angrily questioned why Tennessee prosecutors had withheld evidence that supported Cone's only defense: "If this was a case of just an honest mistake, it would be one thing," said Justice John Paul Stevens, adding that he worried about the "ethics of the profession." http://www.washingtonpost.com/wp-dyn/content/article/2008/12/09/AR2008120902743.html
> Sightseeing Oregon’s Security Construct <