Saturday May 18, 2013
Diane Downs: Child Killer or Victim of Injustice?Tim King Salem-News.com
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.
I would like to make it clear to those reading this that I indulge many subjects as a writer and if there is one common theme, it is Human Rights. Much of my work centers around war crimes in far flung places like Sri Lanka and Crimes against Humanity in Burma and Balochistan and Palestine. I've worked as a photographer and reporter in Iraq, Kuwait, Kyrgyzstan and Afghanistan. My only personal 'beef' is with injustice and the impact it has on people, including those who have been flagrantly and sensationally exploited and wrongly convicted, people like the famous, albeit notorious, Diane Downs.
I know many things swirl around in the minds of those old enough to remember the case; you remember the name 'Diane Downs' and her conviction, perhaps you saw a movie about her starring the late Farah Fawcett titled 'Small Sacrifices' based on the book by Ann Rule, a highly dedicated writer with a lot of credibility and books to her credit. In spite of her incredible history, it is important to remember that Ann Rule is a former police officer and she has covered amazing, successful investigations of serial killers. I have read many of her books and I have met Ann and know her daughter Leslie. I think Ann Rule is a fantastic author; in fact one of the best, but I do not think 'Small Sacrifices' is a fair or just story, I think Ann was given information that caused the outcome to be what the police wanted it to be. When writers choose to convict people they become more powerful than the courts themselves.
Take for example, the book 'Fatal Vision' by Joe McGinniss; about the murder of the wife and children of former U.S. Army Green Beret Captain Jeffrey MacDonald. Evidence in that case, just like the Downs case, was buried by the prosecution at the time of the trial, which is scandalous and outlandish, yet neither of the defendants in these cases found relief when this critical legal blunder was later exposed.
That is a crying shame and there is no excuse in the world for it. I believe Oregon needs to have a higher authority examine the history if injustice in this state and the U.S. legal system needs to stick to established determiners, and not let the emotions and personal biases of judges be the order of the day.
I have been evaluating the Diane Downs case for the last several weeks and communicating with her family members who remain extremely concerned and troubled over her three decades of incarceration.
The evidence says she could not have committed the crime, but yet she was convicted. The judge in the case was clear in his determination to get a conviction. There are many statements from witnesses under oath, claiming that a man named Jim Haynes admitted having shot Diane Downs and her children. These individuals range from Haynes' former wife, to women he dated and personal friends and acquaintances. It is truly shocking.
Diane Downs is clearly a woman who has both commanded and demanded attention from other people in her lifetime. Her conviction seemed to have a lot to do with her lack of remorse, or the perception of it.
In the investigation following the shootings, she was asked to perform a reenactment of the crime. Anyone who searches for videos about Diane Downs, will inevitably locate these clips. The fact that she was lighthearted was her biggest mistake, and if that is indeed the case, then we can conclude that Oregon courts would always convict people who hide emotions rather than showing them at the precise time. I don't find that comforting.
I also wonder why we aren't provided clips of all investigative footage in all cases. It lends weight to the theory that these clips were released to a TV station that I used to work for, KATU in Portland, Oregon, specificlly to help the state convict Diane Downs.
Perhaps it is all about the showmanship, it seems courts expect it. Meeting the expectations of society as defined by the state's legal system, is what Downs failed to do when she didn't bawl her eyes out while performing a reenactment. I suggest that she was still in shock.
But the news reporters love to expand on her lack of critical emotion, they play into the hand of the prosecutor in a way that could be called almost perfect. Media was clearly used to convict Diane Downs.
So are all people who fail to show the expected amount of emotion; specifically smiling at the wrong time while discussing crimes that robbed the lives of people they loved, actually guilty?
A 2008 psych evaluation of Ms. Downs authored by L. Williams, Ph.D., Chief of Mental Health at Valley State Prison for Women, confirms many of my suspicions about this lack of emotion and its relationship to her case.
There is no question that Ms. Downs handles emotion very differently from the expected norm; I find a striking similarity in another traumatized person; a soldier who gives testimony in the popular film Restrepo *, who smiles unexpectedly.
In recalling the losses of his friends, this young soldier who experienced so much during his tour of duty in Afghanistan, smiles and seemingly grins as he shares his experiences. He smiles while revealing truly painful details of how his buddies' lives were ripped away. Does this smile mean he enjoyed the thoughts and memories? Could it reveal that he is not actually bothered by these losses? Isn't it rude; even shameful as an American in particular, to even consider it? Based on the criteria used in the Downs case, Oregon courts would have to say yes. It seems illogical.
In the recent psychological evaluation from the California Penal System, this same character trait inevitably is discussed, 25 years later:
Regardless of how she presents her case, the only possible answer for Diane Downs at this point demands throwing her hands up in the air and saying, "I did it" and no other answer is going to initiate the process of her possible release. I suppose assumptions are part of this psychological process, however non-scientific they may seem, but defining a persistent plea of innocence as "contradictory feelings" creates a hopeless scenario. It seems the only path for Ms. Downs involves the public exposure of the large number of inconsistencies in the state of Oregon's case against her. I would not engage if the evidence were not so overwhelming as it is. I told her father and her brother that I will help to expose the glaring facts that other journalists have chosen to leave buried.
My observation is that Ms. Downs is a person who has a unique level of control over what she does or does not display to others. In her case it led to a Murder conviction.
Again from L. Williams, Ph.D.:
Dr. Williams claims that Downs did not progress very much in the first 25 years of her incarceration. Downs counters, stating that survival in the penal system has been difficult.
The evaluation states:
It seems a large accomplishment to take lightly; I do not suspect that other prisoners are typically kind to convicted child killers. I believe Downs' ability to avoid violence speaks volumes about her character. What the author of the psych eval is really saying, is Diane Downs still won't admit she shot her three children and turned the gun on herself and there seems to be nothing else to it. Of course this Doctor does not have a magic wand to declare her innocence, but it seems her position itself deserved more attention.
The author also takes the time to reference Diane's gunshot wound at the time as 'superficial' when I have never met a gunshot victim who viewed their wound in that manner. I believe the evaluator is greatly underestimating what life has been like for Diane Downs.
Nuts and Bolts
There are enough holes in the 'official story' of the Diane Downs case to sink a battleship. This first article will not even begin to evaluate them, however I will give you an idea of what is to come.
And for those who truly question whether or not Diane Downs has remorse for what happened, the following paragraph from the psych eval seems to coherently address what it is that she most regrets:
This series will continue...
Tim King has more than twenty years of experience on the west coast as a television news producer, photojournalist, reporter and assignment editor. Tim is Salem-News.com's Executive News Editor. His background includes covering the war in Afghanistan in 2006 and 2007, and reporting from the Iraq war in 2008. Tim is a former U.S. Marine who follows stories of Marines and Marine Veterans; he's covered British Royal Marines and in Iraq, Tim embedded with the same unit he served with in the 1980's.
He holds awards for reporting, photography, writing and editing from traditional mainstream news agencies like The Associated Press and Electronic Media Association; he also holds awards from the National Coalition of Motorcyclists, the Oregon Confederation of Motorcycle Clubs; and was presented with a 'Good Neighbor Award' for his reporting, by the The Red Cross.
Tim's years as a Human Rights reporter have taken on many dimensions; he has rallied for a long list of cultures and populations and continues to every day, with a strong and direct concentration on the 2009 Genocide of Tamil Hindus and Christians in Sri Lanka. As a result of his long list of reports exposing war crimes against Tamil people, Tim was invited to be the keynote speaker at the FeTNA (Federation of Tamil Sangams of North America) Conference in Baltimore, in July 2012. This is the largest annual gathering of North American Tamils; Tim addressed more than 3000 people and was presented with a traditional Sri Lanka ‘blessed garland’ and a shawl as per the tradition and custom of Tamil Nadu, India.
The notorious list comprising Tim's ancestors includes Pedro de Alvarado, the lieutenant of Hernando Cortez of Spain; King Phillip IV, Eleanor of Aquitaine and William the Conqueror. Perhaps most interestingly, King John; the dark force in the story Robin Hood, and also the last Spanish governor of California, a real person fictionalized as the arch rival of the character in Zorro, are in reality both Tim's multiple-great grandfathers.
Others include a Confederate officer in the U.S. Civil War and a decorated 'hero' of the Mexican-American War and the so-called 'Indian Wars'. In fact on the east coast, Tim's lineage with the Slaughter and King families, pre-dates the Mayflower and several members of his family were soldiers in the Revolutionary War. He says his family's past; some of which is very dark; some quite chivalrous, presents a certain responsibility, and that in part drives his desire to see that people in today's world are not exploited or allowed to suffer in silence as victims of Human Rights violations, as people of previous times were.
In a personal capacity, Tim has written 2,026 articles as of March 2012 for Salem-News.com since the new format designed by Matt Lintz was launched in December, 2005. Serving readers with news from all over the globe, Tim's life is literally encircled by the endless news flow published by Salem-News.com, where more than 100 writers contribute stories from 23+ countries and regions.
Tim specializes in writing about political and military developments worldwide; and maintains that the label 'terrorist' is ill placed in many cases; specifically with the LTTE Tamil Tigers in Sri Lanka, where it was used as an excuse to slaughter people by the tens of thousands; and in Gaza, where a trapped population lives at the mercy of Israel's destructive military war crime grinder. At the center of all of this, Tim pays extremely close attention to the safety and welfare of journalists worldwide. You can write to Tim at this address: firstname.lastname@example.org. Visit Tim's Facebook page (facebook.com/TimKing.Reporter)
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