manipulated trial and more

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.

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.

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."

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.

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:

Justice ' la WE

ORS 161.725 (1) .., the MAXIMUM TERM of an indeterminate SENTENCE of imprisonment for a dangerous offender is 30 years .,. This statutory mandate survived all subsequent amendments made in 1971, 1989, 1993, 2005, and 2007. Oregon legislators intended that the MAXIMUM SENTENCE for dangerous offenders, sentenced under ORS 161.725, be no longer than 30 years. ORS 144.228 (1)(b)(D) In no event shall a prisoner be held beyond the MAXIMUM SENTENCE less good time credits imposed by the court.--------------------- Article I, section 15, of the Oregon Constitution tasks the Department of Corrections with rehabilitating prisoners. Apparently Oregon legislators figured the Department of Corrections would be a failed entity if it couldn't rehabilitate its dangerous offenders within 30 years. Whatever the thought behind the legislation of ORS 161.725 (1), the fact remains, the law forbids the board to hold dangerous offenders more than 30 years and Diane Downs has been in prison more than 35 years. Lifers walk parole 3 years (5 years if they're having problems on parole). Parole is a form of custody. Diane Downs walked parole, in the custody of the California Department of Corrections, for 5 years without incident. Therefore immediate release from prison decision is past due.

STATEMENT OF THE CASE*)

QUESTIONS ON APPEAL

QUESTION #1 - Petitioner was sentenced as a "dangerous offender" 37 years ago. If ORS 181.726 says a 'dangerous offender' shall not be imprisoned more than 30 years, is Petitioner being Illegally restrained?

QUESTION #2 - Petitioner was sentenced pursuant to ORS 191.725 In 1883. If the 1983 'dangerous offender' clause in ORS 161.725 was later repealed, does Petitioners Sentence Order still have authority to detain her?

QUESTION #3 - Petitioner was sentenced pursuant to ORS 191.725 In 1883. If the 1983 'dangerous offender' clause in ORS 161.725 was later repealed, does Petitioners Sentence Order still have authority to detain her?

QUESTION #4 - Dr. Michelle Guyton found Petitioner is not suffering from severe personality disorder. May Respondent continue to deny Petitioner parole under ORS 144.228?

QUESTION #5 - Parole Board Member Aaron Felton manufactured false evidence and entered it into Petitioners parole file In 2010. Respondent gave the damaging evidence to the psychologist they hired to evaluate Petitioner. Was Petitioner denied her constitutional right to a fair hearing when Respondent adversely Influenced the report they relied on to deny Petitioner parole?

QUESTION #6 - Someone has been stalking Petitioner and her family since (at least) 1984. In 2020, Petitioner received proof of the stalkers Identity and sent it to the FBI. Did Respondent deny Petitioner's Constitutional right to due process when they denied her parole on the basis she asked the FBI to protect her family?

QUESTION #7 - ORS 144.228 does not require a prisoner to confess to any crime in exchange for parole. May Respondent deny Petitioner parole because she refused to confess to crimes she didn't commit?

QUESTION #8 - Respondent Introduced elements of the original crime during the parole hearing and asked Petitioner to defend against the claims. Did Respondent violate Petitioner's constitutional right to due process when they deprived her of the opportunity to gather and present evidence of "actual Innocence" at her ?retrial'?

*) COPY FROM WRIT
A175039
Diane Downs/Petitioner v. Oregon Board of Parole/Respondent
April 2021

	Diane Downs' case
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 v v v 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 Justice ' la WE ORS 161.725 (1) .., the MAXIMUM TERM of an indeterminate SENTENCE of imprisonment for a dangerous offender is 30 years .,. This statutory mandate survived all subsequent amendments made in 1971, 1989, 1993, 2005, and 2007. Oregon legislators intended that the MAXIMUM SENTENCE for dangerous offenders, sentenced under ORS 161.725, be no longer than 30 years. ORS 144.228 (1)(b)(D) In no event shall a prisoner be held beyond the MAXIMUM SENTENCE less good time credits imposed by the court.--------------------- Article I, section 15, of the Oregon Constitution tasks the Department of Corrections with rehabilitating prisoners. Apparently Oregon legislators figured the Department of Corrections would be a failed entity if it couldn't rehabilitate its dangerous offenders within 30 years. Whatever the thought behind the legislation of ORS 161.725 (1), the fact remains, the law forbids the board to hold dangerous offenders more than 30 years and Diane Downs has been in prison more than 35 years. Lifers walk parole 3 years (5 years if they're having problems on parole). Parole is a form of custody. Diane Downs walked parole, in the custody of the California Department of Corrections, for 5 years without incident. Therefore immediate release from prison decision is past due. ^^^ STATEMENT OF THE CASE) Petitioner, an Oregon prisoner, was sentenced In 1984, as a "dangerous offender" under ORS 181.725. Respondent, the Oregon Board of Parole, conducted a parole consideration hearing, pursuant to ORS 144.228, an 9-23-2020, and denied Petitioner parole (ER 609). Petitioner sought Administrative Review on 10-12-2020 (ER 814). Respondent denied review on 10-20-2020 (ER 628). On 11-21-2020, Petitioner entered a Petition for Judicial Review with the Court of Appeals. On 2-16- 2021, Respondent withdrew RR#7 (ER 629) and entered a Revised Order on 2-23-2021 (ER 632). Petitioner appeals from that final order denying her relief. QUESTIONS ON APPEAL QUESTION #1 - Petitioner was sentenced as a "dangerous offender" 37 years ago. If ORS 181.726 says a 'dangerous offender' shall not be imprisoned more than 30 years, is Petitioner being Illegally restrained? QUESTION #2 - Petitioner was sentenced pursuant to ORS 191.725 In 1883. If the 1983 'dangerous offender' clause in ORS 161.725 was later repealed, does Petitioners Sentence Order still have authority to detain her? QUESTION #3 - Petitioner was sentenced pursuant to ORS 191.725 In 1883. If the 1983 'dangerous offender' clause in ORS 161.725 was later repealed, does Petitioners Sentence Order still have authority to detain her? QUESTION #4 - Dr. Michelle Guyton found Petitioner is not suffering from severe personality disorder. May Respondent continue to deny Petitioner parole under ORS 144.228? QUESTION #5 - Parole Board Member Aaron Felton manufactured false evidence and entered it into Petitioners parole file In 2010. Respondent gave the damaging evidence to the psychologist they hired to evaluate Petitioner. Was Petitioner denied her constitutional right to a fair hearing when Respondent adversely Influenced the report they relied on to deny Petitioner parole? QUESTION #6 - Someone has been stalking Petitioner and her family since (at least) 1984. In 2020, Petitioner received proof of the stalkers Identity and sent it to the FBI. Did Respondent deny Petitioner's Constitutional right to due process when they denied her parole on the basis she asked the FBI to protect her family? QUESTION #7 - ORS 144.228 does not require a prisoner to confess to any crime in exchange for parole. May Respondent deny Petitioner parole because she refused to confess to crimes she didn't commit? QUESTION #8 - Respondent Introduced elements of the original crime during the parole hearing and asked Petitioner to defend against the claims. Did Respondent violate Petitioner's constitutional right to due process when they deprived her of the opportunity to gather and present evidence of "actual Innocence" at her ?retrial'? ) COPY FROM WRIT A175039 Diane Downs/Petitioner v. Oregon Board of Parole/Respondent April 2021

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.