In an unprecedented move judge Gregory
Foote was promoted from 'juvenile' to 'senior' judge
in order that he would also be able to preside at
the trial of Diane.
Juvenile Court Judge Gregory
Foote denied access to the children by all blood
relatives and the State took charge of the children,
including Diane's new born whilst she stood before the
juvenile court. Judge Foote lost his impartiality!
Diane was arrested one year
later after the attack by which time the State had
prepared their child star witness, Diane's own
daughter.
For the Defense an
ex-Prosecutor, James C. Jagger was recommended to
Diane's father. Not a good choice. Jagger often forgot
that the person who had engaged him was the father of
his client. Jagger at the time was married to Oregon's
Lane County Circuit Court Judge, Laurie Holland who
would become a colleague of the above Judge Foote).
This completes the 'Trio Noir': Foote, Hugi, Jagger
(see page 6).
The State of Oregon
took custody of her children one year before the
trial, even though Diane Downs had not been
convicted let alone sentenced. Defense Attorney
Jagger's protests at this were totally ignored.
Jagger should have sought guidance from his wife who
dealt in child advocacy law! Perhaps she could also
have shed light on why Diane's new born was put up
for adoption without the mother's consent and why
the Prosecutor himself adopted Diane's other
children later then, again without her consent. More
so, we should ask just what kind of judicial system
resides in Lane County, Oregon.
Budget cuts, media and public
pressure were at their height just prior to the arrest
of Diane Downs. However, the State's star witness was
well rehearsed.
Some further
anomalies for this Oregon trial:
- Judge Foote misdirected the
jury
- The Prosecutor entered
inadmissible evidence
- State witness testimony was
different from original statements
- Defense Attorney ignored
vital evidence that would have exculpated his client
- Scientific evidence was
grossly flawed
- Champagne-and-strawberry
festival right after trial end, ready kept cold for a
victory ceremony within schedule for an unknown jury
verdict
- Continuously postponed or
delayed appeals, a continuing kind cooperation between
court and attorney General's Office (see page 7)
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