Diane Downs' case
Summary in it's best to close with
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.
^^^
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
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An uncultivated savage is never an 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).
Details were given by Septimus Bainbridge Jobes, Diane's father and Deborah Frisch PhD. We shared many,
many hours since in this incredible case unworthy of civilized democracies happened.
You are invited to continue, reading accounts under
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.