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 Diane Downs' case  D

WITHHELD DOCUMENTS

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.

*Allegation 1*:  Diane Downs did not shoot her children and herself on May 19, 1983.  James Claire Haynes shot Diane, Cheryl, Christie and Dan Downs.

Picture of James Claire Haynes
 http://harbaughboyz.blogspot.com/2008/12/wanted-dead-or-on-fire.html

Composite sketch in Eugene Register Guard, May 21, 1983
 http://www.dianedowns.com/composite.jpg

 Evidence comes from several affidavits in the file of CV 96-900-HA.
 http://harbaughboyz.blogspot.com/2008/12/96-900-ha.html

 _ Exhibit 1_: Affidavit of Clayton Nysten (February 24, 1998):
http://www.dianedowns.com/Clayton%20Nysten.2.pdf

(p. 1) I am a former acquaintance of James Claire Haynes.

(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.
Then in the summer of 1983, I heard on the television about the Downs family being shot.  The newspaper also had a story about the shooting and a composite picture of the man that Downs said had done it.  My first thought after seeing the paper was that the composite looked very much like Jim Haynes.  The day after the shooting, in the morning, I went to see Jim at his place in Springfield.  When I arrived at the house, I met with Jim in the bedroom he liked to call his 'office' He was sitting there with the Eugene Register Guard folded on his bed with the composite picture face up.  The composite looked just like Mr. Haynes.  Jim was dressed in clean clothes and was clean shaven.  It was very unusual to see Haynes like that because normally he wore grubby clothes and went unshaven.

 (p. 3) The day after that, I saw Haynes again and he then told me he was the one who had shot the Downs family. Jim said that Downs had been to another place where she where had seen drug payoffs taking place and it was because of that, and the fact that she had been warned before.  I think he was talking about the earlier time when I saw her at Lionel Johnson's house and she went into the back room.  Haynes never told me about the exact details of it but I understand that Jim had arranged with Downs for her to stop the car on that road and buy drugs from him.  Jim told me the kids had been shot so as to teach her a lesson, and make her suffer for the rest of her life.  There was some talk among people in 'protection' back then that if you wanted to teach a person a lesson you hurt their family rather than them.

_Exhibit 2_: Affidavit of Cecilia Nysten (March 4, 1998)
http://www.dianedowns.com/Cecilia%20Nysten.pdf
(p. 1) I am the former wife of Clayton Nysten.  I used to know James Haynes, because he was Clayton Nysten's best friend.  Haynes and Nysten were both involved with dealing drugs, and Haynes was also involved in hurting people for money.
(p. 2)  [The day the composite appeared in the Eugene Register Guard, May 21, 1983] Clayton and I went to Jim Haynes' house.  Haynes was sitting on the bed reading the paper about the case.  Clayton asked Haynes whether he was the one who had done it.  Haynes confessed that he had committed the crime.

I was also present when Jim Haynes and Clayton Nysten discussed disposing of the weapon used in the Downs crime.  I know Clayton had disposed of guns for people before on a property he owns in Junction City. I remember one time when Mr. Nysten killed someone with a gun right in front of me.

_Exhibit 3_:  Affidavit of Phyllis Haynes (August 29, 1997)
 http://www.dianedowns.com/Phyllis%20Haynes.pdf

 (p. 1)  I am the former wife of James Claire Haynes.

(p. 2) Mr. Haynes has told me he is the stranger who shot the Downs family, first confessing his guilt in the winter of 1984, repeating that confession several times throughout our marriage

_Exhibit 4_:  Affidavit of Sandy Capps (unsigned, undated)
 http://www.dianedowns.com/Sandy%20Capps.pdf

(p. 1) I am a former girlfriend of Clayton Nysten'

(p. 3) Jim Haynes then told me he had shot Diane Downs' kids and that it really changed his life.

_Exhibit 5_:  Affidavit of William Teesdale, investigator, Public Defender's Office (July 7, 1998)
http://www.dianedowns.com/Sandy%20Capps.pdf

 On January 26, 1997 I had a conversation with Ms. Sandy Capps, about an acquaintance of hers, James Claire Haynes.  During the conversation, Ms. Capps told me that she remembered having conversations with Mr. Haynes, where he confessed that he was the person who committed the Downs' crime.

The next set of affidavits come from US District Court Eastern District of California.  There is no case number, but they are notarized.

_Exhibit 6_:  Affidavit of Fran Wirta (June 5, 1996)
http://www.dianedowns.com/Fran%20Wirta.pdf

(p. 1) I am the mother of Phyllis Elaine Haynes, who is married to James Clair Haynes.

In 1987 James Haynes confessed to me that he was the man who shot the Downs family.  He also stated that he'd been paid a large sum of money to kill Ms. Downs.  Looking back, James Haynes did have a large sum of money during the summer of 1983.
 

_Exhibit 7_:  Affadavit of Clayton Nysten (June 5, 1996)
 http://www.dianedowns.com/Clayton%20Nysten.pdf
(p. 1) I am an acquaintance of James Clair Haynes.
(p. 3)  Two days after the shooting, Mr. Haynes told me that he was the one who shot the Downs woman and her kids.

*Allegation 2*:  The state (OR Assistant Attorney General Janet Klapstein) and Federal (Assistant Federal Public Defender Wendy Willis, US Ninth Circuit Court of Appeals Judges Alex Kozinski, Andrew Kleinfeld and William Schwarzer) taxpayer-funded lawyers listed on the first page of the November 15, 2000 decision regarding US Court of Appeals for the Ninth Circuit Case 99-35266 (_Exhibit 8_) as well as the other state (OR Attorney General Ted Kulongoski, OR Assistant Attorney General Lynn Larsen and Youlee You, Oregon District Court Judge Ancer Haggerty) and Federal (Assistant Federal Public Defender Steve Wax) taxpayer-funded lawyers and Federal investigators (William Teesdale, Toni Pisani) involved in cv-96-900-HA had access to all of the information above and have chosen not to act.  
One might argue that all of the publicly funded lawyers involved in these cases can be accused of deliberate indifference to the constitutional rights of Ms. Downs, in the same way that former Eugene Police Chief Thad Buchanan was deliberately indifferent to the constitutional rights of women who encountered former Eugene Police Officer Roger Magana, as described by Federal Magistrate Thomas Coffin on pages 22-23 in his March 6, 2006 Order and Opinion re: 04-1021-TC and other cases (_Exhibit 9_).

 _Exhibit 8_: http://www.altlaw.org/v1/cases/1366823
 _Exhibit 9_: http://www.websupp.org/data/DOR/6:03-cv-06393-74-DOR.pdf

*Allegation 3*:  James Claire Haynes was paid $25,000 by then LCDA Pat Horton to shoot the Downs' family.  I hypothesize that Ms. Downs saw Mr. Horton at the party at Lionel Johnson's house, described in the 2.24.98 affidavit by Clayton Nysten.  Former Lane County Deputy DA Fred Hugi and Lane County Circuit Court Judge Gregory Foote collaborated in framing and falsely convicting Ms. Downs for the Pat Horton-financed hit on her family by James Claire Haynes.

^^^

 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."

http://capwiz.com/ncadp/utr/1/LRYNDBHWPB/NGXLDBHWWI/

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: Cheyenne Southerlin 

<<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.>>
 http://www.newcriminologist.co.uk/news.asp?id=1316151920  

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 <

 

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